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CHAPTER 9
A: International
Maritime Organization
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9.1.
The provisions for Fishing Boats are covered under part XVA of the
M. S. Act.
9.2.
Section 435 A states that this part applies to every Fishing Boat.
The Review Committee appointed by Govt of India to review the provision
of M. S. Act 1958 has suggested that Section 435 A may be amended
to restrict the application of this part XVA to fishing boat of
the length of 20 metres and above and to give powers to the Central
Govt. to specify / declare that Fishing Boats of less than 20 metres
as specified shall be required to be registered under this Act.
The matter is under consideration of the Govt.
9.3.
REGISTRATION OF INDIAN FISHING BOATS.
The Registration of Indian Fishing
Boats is dealt with in the Part XVA of the M. S. Act of 1958. This
part defines a fishing boat, & refers to the obligation to register.
The Govt. of India vide GSR 865 dated 7.10.1988 has declared a number
of ports on Indian Coast for registry of such vessels & also appointed
officers in these ports for this purpose. A list of port of Registry
and Registrar of Fishing Vessels is at annexe - 6. GSR 866 deals with
the rules for registration of Indian Fishing Boats and is titled M.
S. (Registration of Indian Fishing Boats) Rules, 1988. Merchant Shipping
(Indian Fishing Boats Inspection) Rules, 1988 cover the inspection
& certification of Fishing Boats.
9.3.1
APPLICATION FOR CERTIFICATE OF REGISTRY:
(1)
Every application for the grant of a certificate of registry of
an Indian Fishing Boat under Section 435 G of the Act, shall be
made in Form I, to the registrar of the port of registry nearest
to the place where the owner resides or where the fishing boat is
built or based.
(2)
Every application shall be accompanied by:
(a)
a declaration of ownership by the applicant in the Form II or
III, as the case may be;
(b)
the documents of title to the fishing boat;
(c)
the builder's certificate.
9.3.2.
NAME OF FISHING BOAT:
(1)
When applying for the certificate of registry, the owner shall specify
the name, which he proposes to adopt for the fishing boat.
(2)
If the name proposed by the owner is the same or similar to the
name by which any other Indian Fishing boat has been previously
registered at the port of registry, the registrar may require
the owner to suggest some other name under which the fishing boat
may be registered.
(3)
When the name suggested by the owner has been approved by the
registrar, the fishing boat shall be registered under that name
within a period of 60 days.
9.3.3..
OFFICIAL NUMBER
(1) On Scrutiny, of an application, if the registrar
is satisfied about the Nationality of the applicant and his title
to the fishing boat, he shall assign to the fishing boat an official
number from a consecutive series maintained at each port of registry
preceded by 3 distinguishing letters indicating the port of registry
notified under sections 435D and 435E of the Act.
(2)
The Official Number once assigned to an Indian Fishing Boat shall
not be changed except when the Fishing Boat is registered again at
another port of registry, nor shall the official number be assigned
to another vessel.
9.3.4.
MANNER OF ASCERTAINMENT OF TONNAGE OF INDIAN FISHING BOAT:
(1)
Every owner of a fishing vessel shall cause to ascertain its tonnage
in accordance, with the merchant shipping (Tonnage Measurement of
Ships) Rules, 1987.
(2) Every owner
of a sailing vessel or boat or craft falling under clause (D)
of section 435 B of the Act shall cause to ascertain its tonnage
in accordance with the Merchant Shipping (Tonnage Measurement
of sailing vessels) Rules, 1960.
9.3.5.
CERTIFICATE OF REGISTRY
(1)
The Registrar shall, after the tonnage of an Indian fishing boat
has been ascertained, enter the particulars specified in sub-section
(3) of section 435G of the Act in the register in Form IV kept by
him for the purpose and grant of certificate of registry within
60 days from the date of application.
(2)
Every certificate of registry granted under sub-section(4) of Section
435 G of the Act shall be in Form V;
(3)
The Certificate of registry shall, on demand by a registrar, any
officer of the customs or of the Mercantile Marine Department,
be produced by the owner, the skipper, or the tindal or any other
person in charge of the fishing boat.
9.3.6.
MANNER OF PAINTING OF NAME AND OFFICIAL NUMBER, ETC. ON FISHING
BOAT:
(1)
The distinguishing letters indicating the port of registry the name
of the fishing boat by which it is registered and the official number
assigned to it shall be painted in English in regional language
and in Hindi alphabet in white oil colour against a black back ground
on both quarters of the fishing boat near the stern.
(2)
All the letters and figures painted shall be of such size as the
registrar may determine in each case but shall not be less than
one decimetre in height and two centimetres in width.
(3) The letters and figures shall also be painted
on the dinghies attached to the fishing boat.
9.3.7. CHANGE OF NAME:
(1)
The name of an Indian Fishing Boat under which it has been registered
shall not, after such registry, be altered or changed except with
the approval of the registrar.
(2) Every application for the change of name of
such fishing boat shall be made to the registrar of the fishing
boat's port of registry and shall specify the reasons for the proposed
change.
(3)
The registrar may, if he is satisfied that the change proposed
is reasonable and necessary, approve such change.
(4) Where the name of an Indian Fishing Boat,
which is mortgaged, is sought to be changed, the consent of the
mortgagee shall also be obtained for the proposed change.
(5) The new name which has been approved by the
Registrar shall be entered in the register in the Certificate of
Registry of the fishing boat, and shall accordingly be painted on
the fishing boat as prescribed.
9.3.8.
REGISTRY OF ALTERNATIONS:
(1) An application for alternations of the registry
of an Indian Fishing Boat shall be made in the Form VI within one
month of such alternations to the registrar of the port where the
fishing boat is registered.
(2) Where the
alternations do not materially affect the dimensions or the tonnage
of the fishing boat, the registrar shall enter the alternations
in the register and also in the Certificate of Registry of the fishing
boat.
(3) Where the
alternations materially affect the dimension or the tonnage of the
fishing boat the registrar shall proceed to register the fishing
boat de novo.
9.3.9.
TRANSFER OF REGISTRY:
(1) If all persons having an interest in an Indian
Fishing Boat, whether as owner or as mortagee, desire that registry
of the Fishing Boat should be transferred from one port to another,
they may apply in Form VII to the registrar of the port of registry
for such transfer.
(2) The registrar
of the port of registry shall, if he is satisfied that the transfer
is unobjectionable, transmit the particulars of the Indian Fishing
Boat and the encumbrance, if any thereon to the registrar of the
intended port of registry.
(3) The registrar
at the intended port of registry, after he is satisfied that the
new official number with the distinguishing letters of the port
are duly marked on the fishing boat shall issue a fresh certificate
of registry and communicate to the registrar of the original port
of registry the official number assigned to the Indian Fishing Boat
and the date of its registry.
9.3.10.
CLOSING OF REGISTRY:
(1) Where the registry of an Indian Fishing Boat
is transferred the registrar of the original port of registry shall
close the registry of the Indian Fishing Boat in his register.
(2) Where the registry of an Indian
Fishing Boat at any port is closed under Section 435-P of the Act
or as per para (1) above, the registrar of the port shall forthwith
submit to the Director General Of shipping a statement of the particulars
of the fishing boat whose registry is closed and the circumstances
in which the registry is closed.
9.3.11 TRANSFER
OF FISHING BOAT OR INTEREST THEREIN: (1)
The owner, or in the case of joint ownership all the owners, of
an Indian Fishing Boat desiring to transfer such fishing boat or
any interest therein, shall apply to the registrar of the port of
registry for permission to do so. (2)
The registrar shall, after making such enquiry as he thinks necessary,
forward the application together with his recommendation thereon
to the Director General of Shipping for approval.
(3) If the proposed transfer is approved, and
after the sale has been effected, the transfers shall present to
the registrar of the port a declaration of ownership the instrument
of transfer and the existing certificate of registry of the fishing
boat and thereupon, the registrar shall enter the particulars of
the transfer in his register and issue a fresh certificate of registry.
9.3.12.
MORTGAGE OF INDIAN FISHING BOAT:
(1) Every instrument of mortgage of an Indian
Fishing Boat or any interest therein shall be in Form VIII or Form
IX, as the case may be.
(2) The registrar shall, after satisfying himself
that the instrument of mortgage has been properly executed, record
the same in his register with the date and hour of acceptance and
shall also make an endorsement to that effect on the mortgage instrument.
(3) Where there are two or more mortgages on the
same fishing boat, their respective priorities shall be indicated
in the register in the appropriate column by the letters A.B.C.
……. In alphabetical order.
(4) Where the Indian Fishing Boat belonging to
a company or a co-operative society is mortgaged, the registrar
shall not register the mortgage unless it has also been registered
with the Registrar of Companies under Section 134 of the Companies
Act, 1956 (1 of 1956) or, as the case may be, with the registrar
of co-operative societies under the Co-operative Societies Act,
1912 (92 of 1912) or any other law relating to the Co-operative
societies for the time being in force in any State.
(5) When the mortgage debt is fully discharged,
the registrar shall, after satisfying himself that the receipt endorsed
on the mortgage instrument is in order and that it is properly witnessed
and where the mortgage is by a Company or a co-operative society
also that a memorandum of satisfaction has been entered in the register
of changes under Section138 of the Companies Act, 1956 or, as the
case may be, under the co-operative Society Act, 1912, make an entry
in the register relating to the discharge of the mortgage.
(6) No payment of any instalment of the mortgage
debt shall be recorded in the register.
9.3.13.
TRANSFER OF OWNERSHIP BY OPERATION OF LAW:
(1) Where the title to an Indian fishing Boat
develops on any person by operation of law, such person shall apply
to the registrar specifying the circumstances in which he has acquired
title to the fishing boat and also adducing evidence of such acquisition.
(2) If the
registrar, after making such enquiry as he thinks fit, is satisfied
about the claim of the applicant, he shall register the particulars
of the change of ownership in his register and also endorse the
particulars in the certificate of registry in the fishing
boat.
9.3.14.
FISHING BOATS OWNED BY MINORS
(1) Where an Indian Fishing Boat is registered
in the name of a person as the guardian of a minor, the ownership
of the fishing boat shall remain with the minor, and on attainment
of majority he may apply to the registrar for altering the entries
in the register relating to the fishing boat.
(2) The registrar shall then issue a fresh certificate
in the name of the applicant.
(3) No fees shall be charged for issuing a certificate
of registry under para 2. above
9.3.15.
PROVISIONAL CERTIFICATE OF REGISTRY
(1) Where an application for the registry or the
registry a new of an Indian Fishing boat is pending before a registrar
and the registrar is, having regard the circumstance of the case,
of the opinion that the fishing boat should not be detained at the
port till the issue of the certificate of registry, he may issue
a provisional certificate of registry in form x.
(2) Every provisional certificate shall specify
the particulars of the fishing boat and of the owner and skipper
or tindal or any other person in charge of the fishing boat, or
in the case of registry a new the particulars as entered in the
original certificate of registry.
(3) A provisional certificate shall be valid for
such period not exceeding three months as may be specified therein:
Provided
that the registrar may, if he is satisfied that in the circumstances
of the case it is necessary to do so, extend the period of validity
of a provisional certificate by a further period not exceeding two
months.
(4) The provisional certificate shall, on the expiry
of the period of its validity or at time of the issue of a regular
certificate of registry, whichever is earlier, be surrendered to the
registrar.
9.3.16.
ISSUE OF DUPLICATE COPIES OF CERTIFICATE:
(1) The registrar may, on application made by
the owner in this behalf, issue a duplicate copy of a certificate
of registry marked "DUPLICATE" in red ink if he is satisfied
that the original certificate has been destroyed, lost, mislaid,
mutilated or defaced.
(2) Every application for a duplicate copy of
a certificate of registry shall be accompanied by a declaration
regarding the circumstances in which the original certificate was
destroyed, lost, mislaid, mutilated or defaced.
(3) Where a duplicate copy of a certificate of
registry has been obtained on the ground that the original has been
lost or mislaid, and such original is subsequently found or received
by the owner, he shall forthwith surrender the original certificate
the original certificate to the registrar who shall cancel the same.
(4) A duplicate copy of the certificate of registry
shall not be granted on the ground that the original has been mutilated
or defaced unless that the mutilated or defaced certificate is surrendered
to the registrar.
9.3.17.
CENTRAL REGISTER:
(1) The Director General of Shipping shall maintain
a Central register, which shall contain all the entries recorded
in the registers kept by the registrars.
(2) On completion of the registry of a fishing
boat at a port, the registrar of the port shall immediately transmit
to the said Director General a copy of the entries in his register
relating to the fishing boat.
9.3.18.
INSPECTION OF REGISTER AND SUPPLY OF COPIES OF ENTRIES:
(1) The register maintained by the registrar shall,
on application made in this behalf and on payment of fee prescribed,
be open to inspection during office hours by any person.
(2) A certified copy of any entry in a register
may be granted by the registrar to any person on application made
in that behalf and on payment of fee specified in Schedule II.
9.3.19.
DECLARATION OF OWNERSHIP:
Every declaration
of ownership under these rules shall be made before a registrar;
Justice of Peace, a Judicial Magistrate of the First Class, a Mamlatdar
or a Commissioner of Oaths.
9.3.20.
FEES:
Fees shall be levied at the rate and for the purposes
as prescribed and be paid to the registrar alongwith the application
for recording the transaction.
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