Government of India
Ministry of Shipping and Transport
(Transport Wing)
New
Delhi, the 6th December, 1977.
NOTIFICATION
(Merchant Shipping)
G.S.R. 1705 – In exercise of the powers
conferred by clauses (b) and (c) of sub-section (2) of section 414, read
with section 457, of the Merchant Shipping Act, 1958 (44 of 1958), and in
supersession of the Control of Shipping (Rates) Rules, 1949, the Central
Government hereby makes the following rules, namely :-
1. Short title –
(1) These rules may be called Merchant
Shipping (Rates) Rules, 1977.
(2) They shall come into force
on the date of their publication in the Official Gazette.
2. Definitions – In these rules
--
(a) "Act" means the Merchant Shipping Act, 1958 (44 of 1958) ;
(b) "Board" means the Shipping Rates Advisory Board constituted
under rule 3.
3. Constitution of the Board – (1)
The Central Government may, by notification the Official Gazette,
constitute one or more Boards to be called the Shipping Rates Advisory
Board to advise it in respect of such matters relating to fixation of
rates under section 412 of the Act as it may deem expedient or necessary
to refer to the Board.
(2) A Board shall consist of such number
of person or persons as the Central Government may, by notification in the
Official Gazette, fix in this behalf.
(3) The members of the Board shall be
nominated by the Central Government.
4. Headquarters - The Board shall
have its headquarters in
Bombay
or at such other place as may be notified by the Central Government in
this behalf.
5. Procedure - When any matter is
referred to a Board, the Board may consult the interests affected, examine
or cause to be examined such witnesses and such document and accounts as
it may consider necessary for determining the rates to be fixed and shall
submit a report to the Central Government with its recommendations.
6. Power to
deal with evidence taken before a previous Board – Where a Shipping
Rates Advisory Board constituted under rule 3 is reconstituted, the
reconstituted Board may deal with any evidence or memorandum taken by or
made before predecessor Board as if such evidence or memorandum had been
taken by or made before it or under its directions and may proceed with
any inquiry from the stage at which its predecessor Board had left it.
7. Fixation of rates – (1) Where
the Central Government has referred any matter relating to fixation of
rates for advice to the Board, it may, on receipt of the report referred
to in rule 5, and after considering the recommendations of the Board, fix
by order published in the Official Gazette, such rates under section 412
of the Act as it may deem proper.
(2) Where the Central Government does not
refer any matter relating to fixation of rates for advice to the Board, it
may, after such inquiry as it thinks fit, fix by order published in the
Official Gazette such rates as it may deem proper.
(
No.5-MSR(18)/76-MA)
Sd/-
(Smt. B. NIRMAL)
Under Secretary to the Government of
India
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