Merchant Shipping (Fees for Load Line Surveys) Rules, 1979.


GOVERNMENT OF INDIA
MINISTRY OF SHIPPING AND TRANSPORT
THE MERCHANT SHIPPING
(FEES FOR LOAD LINE SURVEYS)
RULES, 1979
(Published in Part II, Section 3, sub-section (i) of the Gazette of India, Dated 15-9-1979)

GOVERNMENT OF INDIA / BHARAT SARKAR 
MINISTRY OF SHIPPING AND TRANSPORT 
(NAUVAHAN AUR PARIVAHN MANTRALAYA)
(Transport Wing / Parivahan Paksha)

New Delhi, the 30 August, 1979.
NOTIFICATION
(Merchant Shipping)

G.S.R. 1163. Whereas a draft of the Merchant Shipping (Fees for Load Line Surveys ) Rules, 1978 was published as required by sub-section (9) of section 317, read with section 344 of the Merchant Shipping Act, 1958 (44 of 1958), in the Gazette of India in Part II, Section 3, Sub-section (I), dated the 18th February, 1978 under the Notification of the Government of India in the Ministry of Shipping and Transport No . G.S.R. 269, dated the 18th Feburary,1978 inviting objections and suggestions within sixty days of the publication of the said notification from any person likely to be effected thereby,

And whereas the said Gazette was made available to the public on the 18th February, 1978;

And whereas no objections or suggestions have been received;

Now therefore, in exercise of powers conferred by sub-section (9) of section 317 read with sub-section (2) of section 344 of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby makes the following rules, namely :-

Rules Short title and commencement :-

  1. These rules may be called the Merchant Shipping (Fees for Load Line Surveys) Rules, 1979.
  2. They shall come into force on the dated of their publication in the Official Gazette.
  • Definitions :- In these rules, unless the context otherwise requires
    1. " Act" means the Merchant Shipping Act, 1958 (44 of 1958);
    2. "Classed ship" means a ship which is classed with any of the recognised classifications societies ;
    3. "Periodical survey" means survey of a ship holding a Load Line Certificate the validity of which is expired or is about to expire ;
    4. "Schedule" means the Schedule appended to these rules ;
    5. "Unclassed Ship" means a ship which is not classed;
    6. Expressions "assigning authority", "Load Line Survey" and "Principal officer" shall have the same meanings respectively assigned to them in the Merchant Shipping (Load Line) Rules, 1979.
    1. Applications for Survey :- (1) The owner, agent or master of any ship shall make an application for load line survey of any ship, to the principal officer of the mercantile marine department of the district concerned, where the assigning authority is the Director General of Shipping.
    1. Every such application shall be accompanied by fees in accordance with the scale of standard fees specified in the Schedule subject to adjustments or additions as may be necessary under rules 4 to 11.
    2. Periodical surveys of ships which have previously held load line certificates :- (1) Save as otherwise provided in sub-rule (2), the fee payable for periodical survey of a classed ship shall be reduced by fifty percent of the standard fee payable for initial load line survey of that ship.
    1. Where, in the case of a classed ship which holds a load line certificate granted by any assigning authority other than the Director General, a periodical survey is carried out by a surveyor of the mercantile marine department concurrently with special survey of that ship for classification purposes, fee for such periodical survey shall be equivalent to that prescribed for periodical inspection of the ship.
    1. Surveys carried out concurrently with other surveys :- (1) Where load line survey of a ship is carried out by a surveyor of the mercantile marine department concurrently with survey of a passenger ship for the purpose of issue of a passenger ship safety certificate or a Special Trade Passenger Ship Safety Certificate, a separate fee shall not be charged for load line survey if the ship is a classed ship.
    1. Where load line survey of a cargo ship, whether classed or unclassed, is carried out by a surveyor of the mercantile marine department concurrently with the survey for the purposes of issue of cargo ship safety construction certificate or, as the case may be, Cargo Ship Construction Certificate, fee payable for load line survey shall be reduced by fifty per cent of the standard fee payable for initial load line survey of that ship.
    1. Survey where alterations do not necessitate a complete survey :- Where alterations made to any ship, whether classed or unclassed, in respect of which a load line certificate or an exemption certificate is in force, are such that involves the assignment of new free-boards but do not require complete survey of the ship, the fee payable for such survey shall be equivalent to the fee payable for periodical inspection of that ship.
    1. Partial survey carried out afloat for issue of short term certificate :- Where a survey other than a complete survey is carried out on a ship afloat, whether classed or unclassed, for the purpose of issuing in respect of that ship a certificate valid for a period not exceeding twelve months, the fee payable for the survey shall be reduced by fifty per cent, of the standard fee payable for initial load line survey.
    2. Additional fee when survey involves into stability :- (1) Save as otherwise provided in sub-rule (2), in the case of survey of a ship which is required to comply with the requirements of the third Schedule to the Merchant Shipping (Load Line), Rules, 1979 (published in the Gazette of India dated the 9-6-79 under the notification of the Government of India in the Ministry of Shipping & Transport No G.S.R. 797 dated the 15-5-79 relating to stability , there shall be paid an additional fee of Rs. 300 for a ship upto 24 meters in length . In the case of a ship exceeding 24 meters in length, the additional fee shall be Rs. 300 plus Rs. 20 for every meter by which the ship’s length exceeds 24 meters, subject to a maximum of Rs. 500. 
    3. Additional fee under sub-rule (1) shall not be payable in the case of a ship which has been previously surveyed under the Merchant Shipping (Load Line) Rules, 1979 and was at the time of that survey required to comply with requirements relating to stability if any such ship has not undergone any changes or alterations after that survey requiring re-examination of its compliance with the provisions relating the stability.
    4. Additional fee where survey involves calculations relating to floodability :- Where in the case of a ship of 100 meters in length or more, the survey involves calculations as to ability of the ship to withstand flooding of compartments in accordance with the provisions of the Merchant Shipping (Load Line) Rules , 1979; there shall be paid an additional fee of Rs. 300 over and above the standard fee for the load line survey of the ship.
    5. Additional fees for periodical inspections :- (1) Where the periodical inspection of a ship, whether classed or unclassed, of over 300 tons is completed in a single operation consisting of two or more visits to the ship by the surveyor, there shall be paid a single additional fee of Rs. 125 over and above the standard fee for periodical inspection.
    6. Where the periodical inspection of the ship, whether classed or unclassed, is not completed in a single operation there shall be paid-
    1. an additional fee of Rs. 125 over and above the standard fee for each part of the inspection; and 
    2. if any part of inspection of a ship of 300 tons or over require two or more visits to the ship by a surveyor, a further additional fee of Rs. 125 over and above the standard fee and additional fee referred to in a clause (a), for each such part of inspection.
    1. For the purposes of this rule, an inspection shall be deemed to have been completed in a single operation if it is completed within one day or within a period of successive days (excluding Sundays, second Saturdays and other holidays on which offices of the mercantile marine department remain closed ) on each of which one or more visits to the ship are made by the surveyor.
    2. Where for the purpose of an inspection it is necessary for the surveyor to re-visit a ship for the sole purpose of verifying that defects found at the earlier stage of inspection have been duly rectified , such visit shall be taken into account for the purpose of charging additional fee.
    3. Where periodical inspection of a ship is not completed in one operation as specified in sub-rule (3), but reasons therefore are not attributable to owner, agent or as the case may be the master of the ship to make the ship available for inspection, additional fee under sub-rule (2) shall not be payable.
    1. Remission in fees where periodical inspection is carried out concurrently with certain other surveys :- Where the periodical inspection of a ship is carried out by a surveyor concurrently with -
    1. the survey for the issue of Passenger Ship Safety Certificate ;
    2. the survey for issue of Special Trade Passenger Ship Safety Certificate; or
    3. the intermediate survey of the ship required under the Merchant Shipping (Cargo Ship Construction and Survey ) Rules, 1974. no fee shall be payable for any such inspection.
    1. Holiday fees :- In addition to the fees payable in accordance with the foregoing provisions of these rules, a fee of Rs. 250 shall be payable in respect of every survey or inspection which is required to be done on a Sunday, a second Saturday or any other holiday on which offices of the mercantile marine department of the district concerned remain closed.
  • Overtime fees :- Normally, surveys and inspection shall be made between 9.00 A.M. and 5.00 P.M. where surveys or inspection are required to be made outside these hours, overtime fees shall be paid at the following rate, namely :-
    1. Where, at the request of the owner, agent or the master of the ship, a surveyor undertakes survey or inspection after 5.00 P.M. and before 8.00 P.M or between 6.00 A.M. and 9.00 A.M. and additional fee of Rs. 150 shall be payable ;
    2. Where a surveyor is called upon to undertake a survey or inspection between the times of 8.00 P.M. and 6.00 A.M. an additional fee of Rs. 200 shall be payable.
    3. Where a survey is undertaken between 9.00 A.M. and 5.00 P.M. but the surveyor is detained after 5.00 P.M at the request of the owner, agent or the master of the ship for completing the survey or inspection :-
      (i) an additional fee of Rs, 150 shall be charged if the surveyor is released from duty before 8.00 P.M.; andan additional fee of Rs. 200 shall be charged if the surveyor is detained later than 8.00 P.M.
    THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-Sex 3(ii)]
    MINISTRY OF SURFACE TRANSPORT
    (Shipping Wing)
    NOTIFICATION
    New Delhi, the 29th February , 1996

    G.S.R. 108(E) :- Whereas a draft certain of rules further to amend the Merchant Shipping (Fees for Lead Line Surveys) Rules, 1979 was published, as required by sub-section (9) of section 317, read with section 344 of the Merchant Shipping Act, 1958(44 of 1958), in the Gazette of India, Part-II, section 3, sub-section (I), dated the 29th July 1995 under the notification of the Government of India, Ministry of Surface Transport, Shipping Wing, G.S.R. No. 365, dated the 21st July, 1995 for inviting objections and suggestions form the persons likely to be affected thereby in respect of the said draft rules within a period of sixty days form the persons likely to be affected thereby in respect of the said draft rules within a period of sixty days from the date on which the copies of the Official Gazette in which the said notification was published were made available to the public;

    And whereas; the copies of the said Gazette were made available to the public on 29th July , 1995;

    And whereas, no objections or suggestions has been received;

    Now therefore in exercise of the powers conferred by sub-section (9) of section 317, read with section 344 of the said Act, the Central Government hereby makes the following rules further to amend the Merchant Shipping (Fees for Load Line Surveys) Rules, 1979, namely :-

    1. (1) These rules be called the Merchant Shipping (Fees for Load Line Surveys) Amendment Rules 1996 .
    1. They shall come into force on the date of their publication in the Official Gazette.
    1. In rule 8 of the Merchant Shipping (Fees for Load Line Surveys) Rules, 1979 (hereinafter referred to as the said rules), in sub-rule (1), for the letters, figures and words "Rs. 300 for a ship upto 24 meters in length , the additional fees shall be Rs. 300 plus Rs. 20 for every meter by which the ship’s length exceeding 24 meters, subject to a maximum of Rs. 500, the letters, figures and words ""Rs. 5000 for any ship" shall be substituted.
    1. In rule 9 of the said rules :-
    1. the words and figures " of 100 meters in length or more " shall be omitted;
    2. for the figure "300". The figure "6000" shall be substituted.
    1. In rule 10 of the said rules, in sub-rules (1) and (2), for the letters and figures "Rs. 125" wherever they occur , the letters and figures " Rs. 1000" shall be substituted.
    2. In rule 12 of the said rules,
    1. for the letters and figures " Rs. 250", the letters and figured " Rs. 1000" shall be substituted;
    2. for the words ‘second Saturday’, the word ‘Saturday’ shall be substituted.
    1. In rule 13 of the said rules,
    1. in the opening portion, for the figures and letters "5.00 P.M.", the figures and letters "6.00 P.M." shall be substituted;
    2. in clause (a) :-
    1. for the figures and letters "5.00 P.M.", the figures and letter "6.00 P.M. " shall be substituted;
    2. for the letters and figures "Rs. 150" , the letters and figured "Rs. 500" shall be substituted;
      3.
      1. in clause (b), for the letter and figures "Rs. 200" the letters and figures "Rs. 600" shall be substituted ;
      2. in clause ( c) , -
    1. for the figures and letter "5.00 P.M." at both the places where they occur , the figures and letters "6.00 P.M." shall be substituted;
    2. in sub-clause (i), for the letters and figures "Rs. 150", the letters and figures "Rs.500" shall be substituted;
    3. in sub-clause (ii), for the letters and figures "Rs.200", the letters and figures "Rs. 600" shall be substituted;
      4.
    1. after clause ©, the following clause shall be inserted, namely :-
    "(d) Where the owner, his agent or master has asked for survey and inspection between the hours of 9.00 A.M. and 6.00 P.M. but the official arrangements have not allowed of the work being done between those hours, no additional fee shall be chargeable., In every case falling under clause (a) or clause (b) or clause ©. The owner , his agents or master shall give information in writing to the Principal Officer stating the hours during which the surveyor was in attendance".
    1. For the Schedule to the said rules, the following Schedule shall be substituted, namely :-
    SCHEDULE
    [ See rule 3(2) ]
    Scale of standard Fees for Load Line Surveys and Inspection

     

    Ship’s Tonnage (GRT) Fees

     

    Classed ships Unclassed ships

     

    Survey Periodical Survey Periodical

    Inspection Inspection

     

    1 2 3 4 5

    Under 50 tons 1500 600 3000 600 

    50 tons and over but below 150 tons 2250 900 6600 900

    150 tons and over but below 300 tons 2700 1200 9000 1200

    300 tons and over but below 500 tons 3500 1500 12000 1500

    500 tons and over but below 1000 tons 4050 2100 15300 2100

    1000 tons and over but below 1500 tons 5100 2700 19800 2700

    1500 tons and over but below 2000 tons 5700 3000 22800 3000

    2000 tons and over but below 2500 tons 6450 3300 25950 3300

    2500 tons and over but below 3000 tons 7200 3600 28950 3600

    3000 tons and over but below 4000 tons 7500 4050 31950 4050

    4000 tons and over but below 5000 tons 8400 4040 35100 4050

    5000 tons and over but below 6000 tons 9150 4050 38400 4050

    6000 tons and over but below 7000 tons 9900 4050 41250 4050

    7000 tons and over but below 8000 tons 10200 4050 44000 4050

    8000 tons and over but below 9000 tons 10800 4050 47400 4050

    9000 tons and over but below 10,00 tons 10950 4050 50700 4050

    10,000 tons and over 11100 4050 53850 4050

    Plus 3000 for every

    1000 tons or part there of over 10000 tons.

    [ File No. SR-11013/3/93-MA]

    sd/-

    O.P. MAHEY, Under Secy.

    Note :- The Principal rules were published vide notification GSR No. 1163 dated 15-9-79.

 

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