MINISTRY OF SHIPPING & TRANSPORT

(Shipping Wing)

NOTIFICATION

New Delhi, the 24^th January, 1985

(MERCHANT SHIPPING)

G.S.T. 70 (E). - In exercise of the powers conferred by clauses (b), (c) and (d) of section 87 read with section 83 of the Central Government hereby makes the following rules, namely: -

CHAPTER – I

PRELIMNARY

1. Short title, commencement and application. - (1) These rules may be called the Merchant Shipping (Examination of Dredge Master and Dredge Mates) Rules, 1985.

(2). They shall come into force on the date of their publication in the Official Gazette.

(3). They shall apply to-

(a) any candidate, who is a citizen of India;

(b) any other candidate permitted to be examined under these rules by a special order of the Central Government;

(c) any candidate who is a citizen of a country other than India in respect of which a Gazette has been made by the Central Government under section 86 of the Act, to the effect that nay certificate of dredger granted country specified in the said notification shall be recognised a equivalent to the corresponding certificate of Dredger Mate or Dredge Master, as the case may be, granted under the Act.

2. Definitions. - In these rules under the context otherwise requires-

(a) “Act” means the Merchant Shipping Act, 1958 (44 of 1958) as amended form time to time;

(b) “Approved” means approved by the Chief Examiner of Masters and Mates;

(d) “Continuous Certificate of Discharge” means a Certificate of Discharge issued under the Merchant Shipping (Certificate of Discharge) Rules 1960, as amended from time to time;

(e) “Dredger” means a vessel engaged in dredging operation;

(f) “Effective charge” in a relation to watchkeeping service means assuming full responsibly for the watch or a dredging shift but does not preclude occasional supervision by a senior office or Master;

(g) “Examiner” means the examiner of Dredger Masters and Dredger Mates appointed under section 79 of the Act;

(h) “Master and Mates Rules” means the Merchant Shipping (Examination of Masters and Mates) Rules 1954, as amended from time to time;

(i) “Non-trading ship” means a ship not going to any foreign country or not engaged in the coasting trade of India;

(j) “Ordinary trading ship” means a foreign going or home trade ship as defined in the Act;

(k) “Qualifying service” means service performed in deck department of any ordinary trading ship or a dredger while such ship or dredger is commissioned into service, including reasonable time spent in dry dock or while undergoing hull or deck, repairs, unless expressly provided otherwise;

(l) “Record of service” means a record of service performed on dredgers as maintained in the form set out in Appendix A;

(m) “Watch-keeping Service” means-

(i) the service during which a candidate has been in full charge or in effective charges of a watch or a dredging shift on a dredger for not less than eight hours out of every twenty-four hours of service claimed. Or

(ii) the service during which a candidate has been in full charge or in effective charge of a watch or a dredging shift on a dredger for not less than six hours out of every twenty four hours of service claimed, if he has carried out additional routine duties in connection with the maintenance of the dredger for not less than two hours in every twenty-four hours of service claimed, and

(iii) In either case such service shall include reasonable time spent in dry dock or while undergoing hull or deck repairs subject to the assessment of service under sub-rule (I) of rule 19.

(n) Words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.

3. Grades of examination – (1) Examinations in accordance with these rules shall be held for Certificates of Competency for the following grades, namely: -

(i) Dredge Mate Grade-II

(ii) Dredge Mate Grade-I

(iii) Dredge Master Grade-II

(iv) Dredge Master Grade-I

(2) Every successful candidate shall be granted a Certificate of Competency for the respective grade, in accordance with the provisions of these rules. Such certificates shall be valid for service on dredgers not proceeding to sea; beyond inland waters or beyond waters declared to be smooth or partially smooth waters by the Central Government by notification in the Official Gazette.

CHAPTER-II

ELIGIBILITY

4. Dredge Mate Grade-II – (I) Examination for the Certificate of Competency as Dredge Mate Grade II shall be held in five parts, namely :-

(i) Part A-Written

(ii) Part B-Written

(iii) Part C-Written

(iv) Part D-Orals

(v) Part E-Signals

(2) Every candidate for examination in Part A only shall-

(a) not be less than seventeen years of age as on the first date of the mo of the examination, and

(b) Have completed an approved pre-sea training course or, in lieu there of, have qualifying service of atleast six months in the deck department of a dredger.

(3) Every candidate for examination in Parts B, C, D and E shall have passed the examination in Part A specified in sub-rule (1) and have completed twenty years of age as on the first day of the month of the examination.

(4) Every candidate for examination in Part B, C, D and E shall have performed atleast three years qualifying service, of which-

(a) atleast one year shall have been performed in the deck department of a self-propelled dredger;

(b) atleast six months shall have been performed on a trailer dereger on duties associated with watch-keeping under the supervision of a certificated officer, and

(c) atleast three months shall have been performed on dredgers in the past 18 months, immediately preceding the month of the examination.

(5) Every such candidate shall be in possession of the following additional certificates :

(a) Approved Radar Observer’s Certificate

(b) Approved Lifeboatman’s Certificate

(d) Approved Survival at Sea Course Certificate.

Provided that a candidate otherwise eligible, may be permitted to appear for the examination before obtaining any of the above certificates, in which case the Certificate of Competency or Letter of authority shall not be issued until all the aforesaid certificates are produced.

(6) Every such candidate, if he is a citizen of India, shall satisfy the Examiner that he has a working knowledge of Hindi.

5. Dredge Mate Grade-I – (1) Examination for the Certificate of Competency as Dredger Mate Grade-I shall be held in five parts, namely :-

(i) Part A-Written

(ii) Part B-Written

(iii) Part C-Written

(iv) Part D-Orals

(v) Part E-Signals

(2) Every candidate for examination in Part A only shall-

(a) not be less than seventeen years of age as on the first day of the month of the examination.

(b) Have completed an approved pre-sea dreger training course or, in lieu thereof, have qualifying service of atleast six months in deck department of a dredger, and

(c) Satisfy the Examiner that he has attained a standard equivalent to Higher Secondary School Certificate at (10+2) level in Physics and Mathematics or has passed the examination for Certificate of Competency as Dredge Mate Grade-II.

(3) Every candidate for examination in Part B, C, D and E shall have passed the examination in Part A specified in sub-rule (1) and have completed twenty years of age as on the first day of the month of the examination.

(4) Every candidate for examination in Part B, C, D and E shall have performed atleast three years qualifying service, of which-

(a) atleast one year shall have been performed in the deck department of a self-propelled dredger.

(b) Atleast six months shall have been performed on a trailer dredger on duties associated with watch-keeping under the supervision of a certificated officer, and

(c) Atleast three months shall have been performed on dredgers in the past 18 months immediately preceding the month of the examination.

(5) Every such candidate shall be in possession of the following additional certificates :

(a) Approved Radar Observer’s Certificate

(b) Approved Lifeboatman’s Certificate

(d) Approved Survival at Sea Course Certificate :

Provided that a candidate otherwise eligible, may be permitted to appear for the examination before obtaining any of the above certificates, in which case the Certificate of Competency or letter of authority shall not be issued until all the aforesaid certificates are produced.

(6) Every such candidate, if he is a citizen of India, shall satisfy the Examiner that he has a working knowledge of Hindi.

6. Dredge Master Grade-II – (1) Examination for the Certificate of Competency as Dredge Master Grade-II shall be held in four parts, namely :-

(i) Part A-Written

(ii) Part B-Written

(iii) Part C-Orals

(iv) Part D-Signals

(2) Every candidate for examination in part A only shall be a holder of Certificate of Competency as Dredge Mate Grade-I granted under these rules or Certificate of Competency as Second Mate of foreign going ship or Mate of home trade ship granted under the Master and Mate Rules.

(3) Every candidate for examination in Parts B, C and D shall have passed the examination in Part A specified in sub-rule (1) and be not less than twenty two years of age as on the first day of the month of the examination.

(4) Every candidate for examination in Parts B, C and D shall have performed atleast 24 months service on dredgers as a holder of a Certificate of Competency specified in sub-rule (2), of which-

(a) atleast one year shall have been performed on duties associated with watch-keeping in the control room of a trailer dredger under the supervision of a certificated Master, subject to sub-rule 5 of rule 19, and

(b) atleast 3 months shall have been performed on a dredger within the past 18 months, immediately preceding the month of the examination.

(5) Every such candidate shall be in possession of the following additional certificates :-

(a) Approved Certificate of Proficiency in Fire Fighting.

(b) Approved First Aid at Sea Certificate :

Provided that a candidate otherwise eligible, may be permitted to appear for the examination before obtaining any of the above certificates, in which case the certificate of competency or letter of authority shall not be issued until all the aforesaid certificates are produced.

7. Dredge Master Grade-I. - (1) Examination for the Certificates of Competency as Dredge Master Grade – I shall be held in three parts namely :-

(i) Part A – Written

(ii) Part B – Written

(iii) Part C – Orals

(2) Every such candidate shall not be less than twenty-four years of age, as on the first day of the month of the examination.

(3) Every such candidate shall have performed atleast twenty four months service on dredgers as holder of Dredger Master Grade – II Certificate of Competency granted under case these rules or a Certificate of Competency as First Mate of foreign going ship or Master of a home trade ship granted under the Master and Mates Rules, of which

(a) atleast six months shall have been performed on a trailer dredger as an independent watch-keeping officer, and

(b) atleast three months shall have been performed within the past 18 months immediately preceding the month of the examination.

(4) Every such candidate shall be in possession of the following additional certificates :-

(a) Approved Radar Simulator Course Certificate.

(b) Approved Certificate of Proficiency as Radio Telephone Operator or an equivalent approach standard

Provided that a candidate otherwise eligible, may be permitted to omitted to appear for examination for Certificate of Competency as Dredge Mate Grade I Subject to the provision of Sub-rules (2) and (3).

(2) Every such candidate shall –

(a) not be less than 20 years of age as on the first day of the month of the examination;

(b) have performed at least two years service on self-propelled dredger as a navigating officer on duties associate with watchkeeping under the supervision of a certificated Master;

(c) in addition to service specified in sub-rule 2(b), have performed ate least one years service on trailer dredger as a navigating officer on duties associated with watchkeeping under the supervision of a certificated Master, subject to sub-rule (5) of rule 19;

(d) have performed at least three months service on dredger during the past 18 months immediately preceding the month of the examination;

(e) posses the following additional certificates.

(i) Approved Radar Observer’s Certificate

(ii) Approved Lifeboatman’s Certificate

(iii) Approved First Aid at Sea Certificate.

(iv) Approved Survival at Sea course Certificate.

(f) If he is a citizen of India, satisfy the Examiner that he has a working knowledge of Hindi.

(3) Examination for such candidates shall be held in following parts, namely :-

(i) Part D – Orals

(ii) Part E – Signals

9. Sight tests. - (1) Every candidate for examination for a Certificate of Competency of any grade shall, subject to sub-rule (2), pass the letter test specified in Appendix B before appearing for the examination.

(2) Every candidate for examination for a Certificate of Competency as Dredge Mate Grade – II and every other candidate who desires to appear for examination for a Certificate of Competency of any grade for the first time, except those who already hold a Certificate of Competency granted under the Masters and Mates Rules or these rules, shall, in addition to the letter test specified in sub-rule (1), pass the lantern test specified in Appendix B before appearing for the examination.

(3) For the purpose of this rule a pass in sight test shall be valid for a period of six months.

CHAPTER – III

APPLICATIONS

10. Application forms- (1) Any candidate satisfying the eligibility requirements of rules 4 to 8 (both inclusive), may apply for examination for the Certificate of Competency for which he is eligible in the prescribed from set out in Appendix C.

(2) All entries in the application from shall be filled in accurately. Particulars regarding ship and dredger service, watch-keeping service and the rank held by the candidate while performing such service, as specified in the appropriate columns of the application from, shall correspond with document proof produced in support thereof. Any discrepancy in such particulars with reference to Articles of Agreement or records maintained on a dredger shall render the application invalid unless such discrepancy or gap in sea service is explained by the candidate to the satisfaction of the Examiner.

(3) The application shall be made to the Principal Officer, Mercantile Marine Department, at the approved port of examination as early as possible and in any case not later than ten days before the date of commencement of the examination.

(4) Every such application shall clearly state the part or parts of the examination in which the candidate wishes to appear in any particular month.

11. Document to accompany application. - (1) Every application shall be accompanied by certificate of nationality, certificate of birth, testimonials as prescribed in rule 12, Record of service, Certificate of Competency if any, additional certificates as required by rules 4 to 8 (both inclusive) and evidence of having passed the appropriate sight tests as prescribed in rule 9.

Provided that in the case of a candidate who is a citizen of India, the certificate of birth or certificate of naturalisation shall be accepted as certificate of nationality.

(2) For the purpose of sub-rule (1), a candidate who is a citizen of country other than India shall produce official documents testifying his nationality. If in any case a reasonable doubt exists as to the authority of the document so produced, the Examiner may satisfy himself of the authenticity of such documents by reference to the nearest consular officer of the country concerned and where no such verification is possible, refer the case of the Chief Examiner for decision.

12. Testimonials –(1) Every application shall be accompanied by testimonials in support of qualifying service wherein the Master shall comment on the candidate as assessed by him on the basis of the candidate’s performance on-board the ship or dredger.

(2) Every application shall in addition, where applicable, be accompanied by testimonials in support of watch-keeping service in the prescribed form set out in Appendix ‘D’.

(3) Such testimonials relative to service performed on -

(a) an Indian ship or a ship registered in a country other than India in respect of witch a declaration has been made under section 86 of the Act, shall be signed by the Master,

(b) a ship registered in any other country shall be signed by the Master and shall be attested by –

(i) a diplomatic or consular officer of the country in which the ship is registered, or

(ii) an official authority of that country who is normally charged with similar functions.

13. Enquiries in respect of sea service. - (1) Where any candidate desires to have his qualifying service or watch-keeping service assessed under these rules, he may submit his application in accordance with rule 10, alongwith documents and testimonials required by rules 11 and 12.

(12) Where any candidate is not satisfied with assessment of his sea service under sub-rule (1), he may apply to the Chief Examiner through the Principal Officer, of the Mercantile Marine Department at Bombay, Calcutta or Madras or at such other Ports in India where such an officer is appointed for a reassessment of his service giving reasons for his dissatisfaction. Every such request shall be accompanied by an application in accordance with rule 10-alongwith document and testimonial required by rules 11 and 12.

14. Other enquires. - All other enquires pertaining to any aspect of the examination shall be addressed to the Principal Officer of the Mercantile Marine Department at Bombay, Calcutta or Madras or at such other Ports in India where such an officer is appointed stating the point on which clarification is sough. Such enquires shall be accompanied by necessary documents for verification.

15. Fees. - Every application shall be accompanied by appropriate fees specified in Appendix E.

16. Medical fitness.- Where any candidate is found to be suffering form physical disability or mental infirmity at the time of any examination which, in the opinion of the Examiner, may incapacitate the candidate for efficient discharge of his duties, he may be debarred form appearing for any such examination under these rules, subject to the approval of the Chief Examiner.

17. Unsatisfactory conduct. - If after serenity of documents and testimonials submitted under rule 11 or 12 or otherwise, a candidate is considered to have neglected to join a ship after having signed the Articles of Agreement or any contract of employment or to have been found guilty of gross misconduct on board, he may be required to produce satisfactory proof of good conduct in dredger service for a subsequent period of two years provided that, after such investigation as he may deem fit, the Chief Examiner may waive the requirement of this rule in the case of any candidate or reduce the period of subsequent sea service to such extent as he may deem proper in the circumstances of the case.

18. Fraud, misrepresentation and bribery. - (1) Any person who makes, cause to be made or assists in making any false representation for the purpose of obtaining for himself or for any other person a Certificate of Competency, shall be liable for prosecution under section 182 and 420 of the Indian Penal Code 1960. If any such person is a candidate for examination for grant of any Certificate of Competency he shall also be liable for action under rule 37.

(2) Any attempt at offering illegal gratification to any public servant working in the department concerned in any way with the conduct of the examination for Certificate of Competency shall be construed as misconduct within the meaning of these rules. Any such person attempting to offer illegal gratification shall also be liable for criminal proceeding.

CHAPTER - IV

ASSESSMENT OF SEASERVICE

19. General – (1) Qualifying service on ordinary trading ship shall count from the commencement of ship’s voyage to the termination of such voyage. Qualifying service or watch-keeping service on a dredger shall be determined with reference to appropriate certificate and Record of service from owner to Masters. Where a ship is laid in a port for an unreasonably long period, that is to say she has been laid up in a port for a period exceeding one third of total voyage period or for four weeks whichever is less, such excess period shall not count toward qualifying service or, as the case may be, watch-keeping service

Where a dredger is laid up ion a Port for an unreasonably long period, is to say she has been laid up in Port for a period exceeding 60 days per years of service, such excess period shall not count towards qualifying service or, as the case may be, watch-keeping service.

(2) Entries in the Continuous Discharge Certificate or Record of service shall constitute evidence of qualifying service. Any tampering with such entries shall render a candidate disqualified for appearing for any examination for period of 12 months.

(3) Qualifying service rendered on ordinary trading ships shall be assessed at full rate to a maximum 1 1/2 years subjects to rules 4 and 5. Service in nontrading ships shall be assessed in accordance with rule 25. Where a candidate renders mixed service, that is say he renders a part of the service on ordinary trading ships, and a part on-trading ships, all such service shall be counted towards qualifying service.

(4) The qualifying service or watch-keeping service shall be included between calendar months i.e. the time included between calendar months i.e. the time included between any given date in any month and the preceding day of the following month inclusive. The number of completed months shall first be computed after which the number of odd days shall be counted. When computing total service the old days shall be odded together and reckoned at 30 days a month.

(5) For the purpose of clause (a) of sub-rule 4 of rule 6 and clause (c) of sub-rule 2 of rule 8,watch-keeping service performed on dredgers other than trailer dredgers shall be counted at one-half of the rate up to a maximum of six months.

20. Remissions in Qualifying Service.-- A candidate for the examination for Certificate of Competency as Dredge Mate Grade-If or dredge Mate Grade-I shall, if be has undergone an approved course of training, be eligible for remission in qualifying service at full rate to a maximum of one year provided that he produces satisfactory evidence showing completion of such course of training.

21. Apprentices.—(1) Notwithstanding the provision of sub-rule (4) of rule apprentice under the Act shall be eligible for appearing for the examination for Certificate of Competency as Dredge Mate Grade-I after completing 30 months of qualifying dredger service if he has also successfully pursued an approved course of training.

(2) Every candidate who claims assessment in accordance with sub-rule (1), shall produce evidence of having completed an approved record book showing therein details of training received during his apprenticeship. If on scrutiny of such record book, the Examiner is satisfied that the candidate has satisfactorily completed the training course, then he shall assess the sea service in accordance with sub-rule (1). Where in the opinion of the Examiner, the candidate has not satisfactorily completed the course than the candidate shall comply with sub-rule (4) of rule 5.

22. Merchant Navy Seaman.—(1) Qualifying service performed by a seaman in the deck department of an ordinary trading ship or a dredger shall count in full for the examination for Certificate of Competency as Dredge Mate Grade- II or Grade-I subject to the provision of sub-rule (1) of rule 19 and rule 24.

(2) Qualifying service performed by a seaman as a member of general purpose crew on an ordinary trading ship or a dredger shall count at two-third of the rate for the examination for Certificate of Competency as Dredge Mate Grade-II or Grade-I subject to the provisions of sub-rule (1) of rule 19 and rule 24.

23. Indian Navy service.—(1) Qualifying service performed by sailors of deck department, visual signaling branch sailors of the communication branch and midshipment and commissioned officers of executive branch, on sea going ships of the Indian Navy, shall be assessed in accordance with sub-rules (2),(3) and (4) for the examination for Certificate of Competency as Dredge Mate Grade- II or Grade- I upto a maximum of 18 months. The assessment so made shall be subject to the provisions of sub-rule (1) of rule 19 and rule 24 and also subject to approval of the Chief Examiner.

(2) Qualifying service performed by midshipmen and commissioned officers of executive branch shall be assessed at full rate.

(3) Qualifying service performed by sailors of deck department shall be assessed at two-third of the rate.

(4) Qualifying service performed by visual signal-ling branch sailors of the communication branch shall be assessed at one-half of the rate.

24. Eligibility of seaman and Indian Navy officers and Sailors. —Every candidate specified in rules 22 and 23 shall also comply with conditions of eligibility specified in rule 4 or rule 5 provided that any candidate who does not comply with clause (b) of sub-rule (4) of rule 5 may be permitted to appear for the examination, in which case the Certificate of Competency or Letter of authority shall not be issued until the candidate has performed the requisite sea service in compliance with clause (b) of sub-rule (4) or rule 5.

25. Non-trading ships. —(1) Qualifying service in the following types of ships which may or may not go to sea shall be submitted to the Chief Examiner through the Principal officer, Mercantile Marine Department at Bombay, Calcutta or Madras or at such other Ports in India where such an officer is appointed for decision regarding acceptance of such service and the extent upto which if may be so accepted.

(a) Ships employed by Port authorities such as dispatch vessels, tugs, pilot vessels, survey vessels, etc.;

(b) Light-house tenders;

(d) Cable ship or fleet auxiliaries other than freighting tankers;

(e) Oceanographic, exploration or research vessels;

(f) Off-shore supply ships and other such crafts used in off-shore drilling operations;

(g) Excursion ships;

(h) Trawlers or deep sea fishing vessels;

(i) Sailing or power propelled yachts.

(2) Such qualifying service shall be assessed taking into account –

(a) area of operation,

(b) length of voyage,

(d) nature of duties performed by the concerned officer beyond watch-keeping duties, if any.

(3) Application for assessment of such qualifying service shall, in addition to documents and testimonials required by rules 11 and 12, be accompanied by testimonials giving details of particulars required by sub-rule (2) duly endorsed by the owner and Master.

(4) In every case assessed under the provisions of this rule, the candidate shall perform qualifying service for atleast 6 months on trading ships or dredgers.

CHAPTER---V

CONDUCT OF EXAMINATIONS

26. Place, date and time of ex