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No:SD-13/POL(5)/2001 dated 3rdMay, 2002
Subject: Guidelines on
registration of Indian ships in accordance with
para 1.2 of Office Memorandum No. SD-11018/1/97-MD
dated 5th march, 2002 issued by Government of India,
Ministry of Shipping, New Delhi
1. The guidelines on registration including
provisional registration of Indian ships and recording
of mortgage issued by the Director General of Shipping
and ex-officio Addl. Secretary to the Government
of India, in accordance with para 1.2 of Office
Memorandum No. SD-11018/1/97-MD dated 15th June,
2001, as amended by Office Memorandum of even number
dated 5th March, 2002, of the Ministry of Shipping,
is forwarded herewith for necessary action.
2. The Director General of Shipping and ex-officio
Addl. Secretary to the Government of India, exercising
the powers conferred by clause (1) of Section 456
of the Merchant Shipping Act, 1958 (on the Central
Government) read with notification issued by Government
of India vide S.O. No. 3144 dated 17th December,
1960 delegating the said power to him and in addition
to the instructions contained in Office Memorandum
No. SD-11018/1/97-MD dated 15th June, 2001 and as
amended by Office Memorandum of even number dated
5th March, 2002 of the Ministry of Shipping, Government
of India and in pursuance thereto has now exempted
the ships from the following provisions of Merchant
Shipping (Registration of Indian Ships) Rules, 1960
as amended in 1966, 1970, 1994, 1997 and till date
so that
(a) The requirement to obtain permission of
the Director General of Shipping to register a ship,
if a ship is built in shipyard other than an Indian
Shipyard as required vide clause (d) of Rule 3 of
Merchant Shipping (Registration of Indian Ships)
Rules, 1960 as amended in 1994, has been exempted
and is no longer necessary.
(b) The requirement for the ship to be surveyed,
tonnage measured and certificate of survey granted
exclusively by a surveyor, in accordance with Rules
5 and 9 of Merchant Shipping (Registration of Indian
Ships) Rules, 1960, has been modified. Classification
surveyor has also been authorized to certify the
Carving and Marking Note in addition to surveyors.
Rule 9 of Merchant Shipping (Registration of Indian
Ships) Rules, 1960 may be read accordingly. 2
(c) The Registrar of Indian ships is required
to open a page in the Register on provisional registration
of an Indian ship. Entering the mortgage in the
Register is permitted on provisional registry of
Ship. Rule 12 of Merchant Shipping (Registration
of Indian Ships) Rules, 1960, may be read accordingly.
(d) The requirement to register the mortgage
with the Registrar of Companies prior to registering
the mortgage or entering the discharge in the Register
as stipulated in Rule 28 of Merchant Shipping (Registration
of Indian Ships) Rules, 1960 has been exempted.
(e) Fee for registration of mortgage will be limited
to Rs. 500/- on second and subsequent ships where
the same mortgage is registered on more than one
ship. Rule 39 (Sl. 3 of Schedule 2) may be read
accordingly.
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