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(i)
MMDs, under the authority delegated
by the Department of Explosives, Government of India are authorized to
issue "License for the carriage of Petroleum in Bulk by water", under Rule
33 of the Petroleum Rules, 2002, subsequent to verification of compliance
of relevant sections of the Petroleum Rules, 2002 by vessels registered
under the I.V.Act, 1917, as amended.
(ii)
"Verification" as stated in "(i)"
above, constitute, inter alia, the examining of such vessels being
water-worthy for their intended operations. Even though the special
requirements, as per the Petroleum Rules 2002 as needed to be fulfilled
for carriage of Petroleum products, are duly examined by the MMDs,
fundamental water-worthiness requirements of these vessels as mentioned in
Rule 34 of the Petroleum Rules, 2002, are usually accepted to be adequate
as long as the Certificate of Survey issued by the Registering authority
remains valid.
(iii)
"Certificate of Survey" as
stated in "(ii)" above is usually issued by the registering authority
under whose inland-water-jurisdiction the vessel is normally expected to
ply. Even though broadly, all inland waters throughout the country are
expected to be endowed with similar behavioural features, consequent upon
the recent amendments to the definition of "inland water", such a
presumption need not necessarily hold good. The amended definition of
"inland water" is shown below.(*)
However, at times it is seen that an Inland vessel plies in Inland waters
which are under the jurisdiction of a port authority which is other than
the port authority which issued the Certificate of Survey. Since, in such
cases it is expected that the port authority under whose
inland-water-jurisdiction the vessel plies, is more conversant with the
inland waters within its jurisdiction as compared to the port authority
which may have issued the Certificate of Survey, it is considered prudent
that the port authority under whose inland water jurisdiction the vessel
plies, satisfies itself as regards the compliance of Rule 34 of the
Petroleum Rules, 2002, particularly in view of the recent amendments to
the definition of "inland water" as stated above.
(iv) Considering
(iii) above and that the DGS has delegated substantial survey / inspection
activities to various competent authorities, it has now been decided that
the issue of Petroleum License by the MMDs shall be subject to the
following:-
(a) the survey / inspection by the MMDs shall be ordinarily restricted to
verifying compliance of Rule 33,35,36,37,46 & 48 of the Petroleum Rules,
2002, on satisfactory completion of which the Petroleum License may be
issued .
(b) The Petroleum License (vide Form III, Rule 33 of the Petroleum Rules
2002)as issued subsequent to the inspection as stated at (i) above, shall
be valid provided, the vessel plies within the "inland
waters" {as notified by the Government (under the advice of the concerned
port authorities)} in accordance with the definition contained at Section
3 of the I.V.(Amendt.) Bill, 2005.
(c ) Verification of Rule 34 of the Petroleum Rules, 2002 of the subject
vessels shall be certified by the concerned port authority (by way of
their Harbour Craft Rules, or, by accepting certificates / documents
issued by the IRS as commensurate to Rule 34, or by any other means such
port authority deems proper) under whose inland-water-jurisdiction the
vessel shall ply.
(d) MMDs shall undertake survey / inspection for issuance of Petroleum
License as referred to at "a" above, after the vessel’s operator /
owner(i.e. who applies for the issuance of the Petroleum License) produces
the certificate as stated at "c" above.
(v) On
satisfactory completion of "(iv)d" above, MMDs may issue
Petroleum Licenses under Rule 33 of the Petroleum Rules. The validity of
the Petroleum License shall not exceed the validity of the certificate as
stated at "iv(c)" above.
In order to give adequate time to the concerned authorities, this notice
shall take effect on expiry of two months from the date of its issue.
During this period of two months, the MMDs may promptly undertake
inspections and issue Petroleum Licenses for applications pending on the
date of issue of this notice as per erstwhile practice and for this
purpose the Principal Officers may, inter alia, satisfy themselves with
respect to compliance of Rule 34 of The Petroleum Rules, 2002, either on
the basis of the Certificate of Survey as issued by the registering
authority, or, any commensurate certificate/ document as issued by the
IRS, as may be furnished by the shipowner /operator.
(vi) Rules
38 to 45, 47, 49 and 50 of the Petroleum Rules, 2002 pertain to
operational issues and are therefore required to be ensured for
compliance by the said vessel’s Master. Issuance of the License is not to
be construed as the vessel to be complying with these rules.
(*) - Amended definition of "inland waters" (pl see "iii" above).
(a) "inland vessel" or "inland mechanically propelled vessel" means a
mechanically propelled vessel, which ordinarily plies on inland water, but
does not include fishing vessel and a ship registered under the Merchant
Shipping Act,1958;
(b) "inland water" means:-
(i)
any canal, river, lake or other
navigable water within a State,
(ii) any
area of any tidal water deemed to be the inland water as defined by the
Central Government under section 70,
(iii)
waters declared by the Central Government to be smooth and partially
smooth waters under clause (41) of section 3 of the Merchant Shipping Act,
1958.
This is issued with the approval of the Director-General of Shipping &
ex-officio Addlt. Secretary to the Govt. of India.
Sd/-
(S. Barik)
Engineer & Ship Surveyor-cum-DDG (Tech.) |
