M.S. Notice 28 of 2009

No.11-NT (21)/2009
 

Dated : 7th August, 2009

Subject : Recommendations to the Registrars of the Sailing Vessels for
             Imposing   restrictions  on   mechanically   propelled   Sailing
             Vessels  plying  in  foul  weather  season  in  their  respective

             regions


1.       Indian Merchant Shipping Act 1958 (as amended) requires sailing vessels (mechanically propelled or not) to be registered under part XV of the Act. Such vessels are of wooden construction having primitive design features and therefore, do not comply with the International Conventions. Instead, they are governed by the Merchant Shipping (Sailing Vessels) Rules, 1997.
2.       These vessels were traditionally trading historically between Indian subcontinent and
neighbouring countries of Persia, Arabia in the West and up-to Thailand in the East  The “Certificate Of Inspection of a Sailing Vessel” issued to such vessels under said rules requires terms and conditions of trading limit with restrictions, if applicable, with regard fair/ foul season. Fair season & foul season for the purpose of said Rules are notified in Schedule IV of the Rules.

3.       In view of recent total loss of two sailing vessels near Gujarat Coast and a sailing vessel in Andaman & Nicobar Island Sea and many similar casualties in foul weather in past, the Director General of Shipping, in interest of safety of life, property and protection of environment hereby recommends to the registrars of Sailing Vessels to restrict plying of such sailing vessels, whether loaded or in light condition during foul weather season to or from any Indian or Foreign Port/s. Foul weather area as notified under schedule IV of MS (Sailing Vessels) Rules, 1997 is reiterated hereunder:- 

Sr. No.

DATE

AREA

1.

1st June to 31st August

Coast of Pakistan, Gujarat, Maharashtra and Konkan

2.

16th May to 15th September

Western India (South of Karwar) and as far West as the line joining Aden and Berbera

3.

16th April to 31st August and 1st November to 31st December

Gulf of Mannar

4.

1st November to 31st December

Palk Bay

5.

 

15th April to 31st July and

16th October to 31st December

 

16th April to 31st July and

16th October to 15th November

Madras and Andhra Pradesh :

a)  From Nagapatnam to Kakinada

 

 

b)  From Kakinada to Gunjasme

6.

1st April to 15th August and

1st October to 15th November

West Bengal, Orissa, Bangladesh and Arakan

7.

1st May to 31st August

Rest of Myanmar

 4.       M.S. Act Section 2(2) provides that the provision of the Act which apply to Indian Registered Vessels shall so apply to any such vessel within India, including territorial waters. Accordingly it may be noted that plying restrictions stated above are applicable to all Mechanized sailing Vessels whether Indian or Foreign, plying on Indian Coast in any one of the aforesaid areas.
5.       Plying restrictions imposed on Indian Mechanized Sailing Vessels should be clearly endorsed on Certificate of inspection of Sailing Vessels under heading “usual trading limits” by authorised issuing such certificate. Violation of this M.S.Notice shall attract serious consequences as provided under Section 334 of Merchant Shipping Act of 1958 including penal punishment.   
6.        This issues with the approval of the Director General of Shipping. 

                     Sd/- 
       (Capt. S. K. Shukla)
Nautical Surveyor-cum-DDG (Tech)

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