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PART VI CERTIFICATES OF OFFICERS
[Masters,
mates, engineers, skippers,etc.]
75. Application of Part
75A. Definitions
76. Certificates of competency to be held officers of ships
77. When Officers deemed duly certificate
78. Grades of certificates of competency
79. Examination for, and grant of, certificates
80. Certificates of service of naval officers
81. Form of certificates
82. Record of orders affecting certificates
83. Loss of certificates
84. Production of certificates of competency to shipping master
85. Power to cancel or suspend certificate obtained false or
erroneous information
86. Recognition of certificate of competency or service granted
in other countries
86A.Foreign ships not to sail without certificated officers.
87. Power to make rule as grant, cancellation or suspension of certificate
of competency
75.
Application of Part— This part applies to—
(a) every seagoing Indian ship fitted with mechanical means of propulsion
wherever it is; and
(b) every foreign ship while it is at a port or place in India.
75A.Definitions-
In this part , unless the context otherwise requires-- (a) “contiguous
such for the time being under Section 5 of the Territorial Waters,
Continental zone” means the contiguous zone of India described,
or notified as Self, Exclusive Economic Zone and other Maritime
Zones Act, 1976 (80 of 1976);
(b) “convention” means the International Convention on
Standards of Taining, Certification and Watchkeeping for Seafarers,
1978, signed at London on the 7th day of July, 1978, as amended
from time to time.
76.
Certificates of competency to be held by officers of ships—
(1) Every Indian ship, other than a home-trade ship of less than
two hundred tons gross engaged in coasting trade of India, when
going to sea from any port of place, shall be provided with officers
duly certified under this Act according to following scale, namely:--
(a) in every case, with a duly certified master;
(b) if the ship is a foreign-going ship, with a officer holding
a certificate not lower than that of—
(i) first mate’;
(ii) second mate; and
(iii) navigational watchkeeeping officer;
(c) in the case of a home-trade ship, with an officer holding a
certificate not lower than that of—
(i) a mate; and
(ii) a navigational watchkeeping officer.
(2) Every home-trade ship of less than two hundred tons gross and
engaged in the coasting trade of India, when going to sea, shall
be provided with officers duly certificated under this Act according
to the following scale, namely:--
(a) with a duly certificated master; and
(b) with an officer holding a certificate not lower than that of
a navigational watchkeeping officer.
(3) Every Indian ship when going to sea from any port or place shall
be provided with engineers or engine drivers duly certificated under
this Act according to the following scale, namey:--
(a) if the ship has a propulsion power of 3000 KW or more, with
at least one marine engineer officer Class I designated as chief
engineer, one marine engineer officer Class II designated as second
engineer and one marine engineer officer Class IV;
(b) if the ship has a propulsion power of 750 KW or more but less
than 3000 KW, with at least one marine engineer officer Class II
having service endorsement on his certificate of competency in such
form and manner as may be prescribed, and designated as chief engineer,
one marine engineer officer Class III designated as second engineer
and one marine engineer officer Class IV;
(c) if the ship has a propulsion power of 350 KW or more but less
than 750 KW, with at least one marine engineer officer Class III
designated as chief engineer and one marine engineer officer class
IV or engine driver of a sea-going ship designated as second enginer:
(d) if the ship has a propulsion of less than 350 KW, with atleast
engine driver of a sea going ship designated as engineer-in-charge.
(4) Every Indian fishing vessel when going to sea from any port
or place in India, shall be provided—
(a) if the vessel is of twenty-four metres or more in length and
is operating beyond the contiguous zone, with a certificated skipper
Grade I and a certificated mate of a fishing vessel;
(b) if the vessel is of twenty-four metres or more in length and
is operating within the contiguous zone, with a certificated skipper
Grade II and a certificated mate of a fishing vessel;
(c) if the vessel is of less than twenty-four metres in length and
is operating beyond the contiguous zone, with a certificated skipper
Grade II and a certificated mate of a fishing vessel;
(d) if the vessel is less than twenty-four metres in length and
is operating within the contiguous zone, with a certificated skipper
Grade II;
(e) if the vessel has a propulsion power of 750 KW or more, with
at least one engineer of a fishing vessel, who shall be designated
as chief engineer and one engine driver of a fishing vessel;
(f) if the vessel has a propulsion power of 350 KW, with at least
on engine driver of a fishing vessel who shall be designated as
engineer-in-charge.
(g) if the vessel has a propulsion power of less than 350 KW, with
at least one eingine driver of a fishing vessel who shall be designated
as engineer - in - charge. (5) Every ship, whether at sea or in
any port or place, shall engage such number of persons and with
such qualifications as may be prescribed for maintaining watches.
Explanations – For the purposes of clauses (e) and (f) of sub-section
(4), any person holding a certificate of competency as a marine
engineer officer Class I or Class II shall be deemed to be a duly
certificated engineer of a fishing vessel and for the purposes of
clause (g) of that sub-section, a person holding a certificate of
competency as engine driver of a sea-going ship shall be deemed
to be a duly certificated engine driver of a fishing vessel.
77. When officers deemed duly certificated— Subject to
the provisions contained in section 86, an officer shall not be
deemed to be duly certificated under this Act unless he holds a
certificate of a grade appropriate to his station in the ship or
of a higher grade granted in accordance with this Act.
78. Grades of certificates of competency— (1) Certificates
of competency shall be granted in accordance with the provisions
of this Act for each of the following grades, namely:--
extra Master;
master of a foreign-going ship;
first mate of a foreign-going ship;
second mate of a foreign-going ship;
master of a home-trade ship;
mate of a home-trade ship;
navigational watchkeeping officer;
extra first class engineer;
marine engineer officer class I;
marine engineer officer class II;
marine engineer officer class III
marine engineer officer class IV;
engine driver of a sea-going ship;
skipper grade I of a fishing vessel;
skipper grade II of a fishing vessel;
mate of a fishing vessel;
engineer of a fishing vessel;
engine driver of a fishing vesse;
dredger master grade I;
dredger master grade II;
dredger mate grade I;
dredger mate grade II;
dredger engineer grade I;
dredger engineer grade II;
dredger driver grade I;
dredger driver grade II. (2) A certificate of competency granted
for any grade of engineer or engine drivers shall state whether
it entitles the holder to act as engineer of ships or fishing vessels
fitted with steam or motor engines or with any other type of engines
and the holder shall not be entitled to act as engineer of a ship
fitted with a type of engine not stated in the certificate (3) Certificates
issued to masters, mates and engineers who have to work on board
ships carrying dangerous goods shall require endorsement as to the
additional qualifications that may be prescribed. (4) if it appears
to the Central Government that certificates of competency for grades,
other than those referred to in sub-section (1) may be granted,
it may, by notification in the Official Gazette, specify the other
grades in respect of which certificates of competency may be granted.
(5) A certificate of competency for a foreign-going ship shall be
deemed to be of a higher grade than the corresponding certificate
of a home-trade ship, and shall entitle the lawful holder thereof
to go to sea in the corresponding grade in such home-trade ship;
but no certificate for a home-trade ship shall entitle the holder
to go to sea as a master or mate of a foreign-going ship. (6) A
certificate of competency as extra master shall be deemed to be
of a higher grade than any other certificate of competency as master
or mate of a foreign-going ship or a home-trade ship or navigational
watchkeeping officer . (7) A certificate of competency as extra
first class engineer shall be deemed to be of a higher grade than
any other certificate of competency as marine engineer officer,
engineer or engine driver of a fishing vessel or engine driver of
a sea-going ship.
79.
Examinations for and grant of certificates – (1) The Central
Government or a person duly authorised by it in this behalf shall
appoint persons for the purpose of examining the qualifications
of persons desirous of obtaining certificates of competency under
section 78. (2) The Central Government or such authorised person
shall grant to every applicant, who is duly reported by the examiners
to have passed the examination satisfactorily and to have given
satisfactory evidence of his sobriety, experience and ability and
general good conduct on board ship, such a certificate of competency
as the case requires. Provided that the Central Government may,
in any case in which it has reason to believe that the report has
been unduly, made require, before granting a certificate, a re-examination
of the applicant or a further inquiry into his testimonials and
character. (3) Every certificate granted under sub-section (2),
shall be valid for such period as may be prescribed.
80.
Section 80 has been omitted Vide Merchant Shipping (Amendment),
Act, 1986 (No. 33 of 1986).
81.
Form of certificates— Every certificate of competency granted
under this Act shall be in the prescribed form and shall be made
in duplicate, and one copy shall be delivered to the person entitled
to the certificate, and the other shall be kept and recorded in
the prescribed manner
82. Record of orders affecting certificates— A note of
all orders made for cancelling, suspending, altering or otherwise
affecting any certificate of competency, in pursuance of the powers
contained in this Act, shall be entered on the copy of the certificate
kept under section 81.
83.
Loss of certificates— Whenever a person holding a certificate
granted under this Act proves to the satisfaction of the Central
Government that he has, without fault on his part, lost or been
deprived of such certificate, the Central Government shall, on payment
of the prescribed fee, cause a copy of the certificate, to which
by the record kept in accordance with this Act he appears to be
entitled, to be granted to him, and such copy shall have all the
effect of the original.
84.
Production of certificates of competency to shipping master—
(1) The master of a foreign-going ship or the master of a home-trade
ship of two hundred tons gross or more—
(a) on signing the agreement with his crew, shall produce to the
shipping master before whom the same is signed, the certificates
of competnecy which the [master and mate] of the ship are by this
Act required to hold;
(b) in the case of a running agreement, shall, also before the second
and every subsequent voyage, produce to the shipping master the
certificate of competency of any mate or engineer then first engaged
by him who is required by this Act to hold a certificate.
(c) who is not required to sign the agreement with the crew, shall
submit before commencing the first voyage from any port to the Mercantile
Marine Department having jurisdiction over such port, a list of
crew with the particulars of grades of certificates of master, mates
and engineers and shall also report to that Department of any later
change in the list of he crew before any subsequent voyage.
(2) Upon production of the certificates of competency, the shipping
master shall, if the certificates are such as the master, mates
and engineers of the ship ought to hold, give to the master a certificate
to the effect that the proper certificates of competency have been
so produced.
(3) The master shall, before proceeding to sea, produce the certificate
given to him by the shipping master to the customs collector.
(4) No customs collector shall clear any such ship outwards without
the production of such certificate; and , if any ship attempts to
go to sea without a clearance, the customs collector may detain
her until the certificate is produced.
85. Power to cancel or suspend certificates obtained on false
or erroneous information— If it appears to the Central Government
that the holder of a certificate granted under this Act has obtained
it on false or erroneous information, it may cancel or suspend such
certificate. Provided that no order under this section shall be
passed by the Central Government unless the person concerned has
been given an opportunity of making a representation against the
order propose.
86.
Recognition of certificates of competency granted in other countries—
(1) If provisions is made by the laws in force in any country other
than India for the grant of certificates of competency similar to
those referred to in this Act, and the Central Government is satisfied—
(a) that the conditions under which any such certificates are granted
in that country require standards of competency not lower than those
required for the grant under this Act of corresponding certificates;
and (b) that certificates granted under this Act are accepted in
that country in lieu of the corresponding certificates granted under
the laws of that country; the Central Government may, by notification
in the Official Gazette, declare that any certificate of competency
granted under the laws in force in that country and specified in
that notification, shall for the purposes of this Act be recognised
as equivalent to the corresponding certificate of competency granted
under this Act and specified in this notification.
(2) Whenever the provisions of this Act require that a person employed
in any capacity on board any ship shall be the holder of a specified
certificate of competency granted under this Act, any person employed
in that capacity shall, if he is the holder of a certificate recognised
under sub-section (1) as equivalent to the first-mentioned certificate
or to a certificate of higher grade granted under this Act, and
still in force, be deemed to be duly certificated under this Act.
86A.
Foreign ships not to sail without certificated officers—
(1) Every master of a foreign ship shall, before proceeding to sea
from any port or place in India, ensure that the ship has the requisite
number of officers and engineers of appropriate grades as specified
by the Convention.
(2) A surveyor or any person authorised in this behalf by the Central
Government may, at any reasonable time, go on board a ship to which
any of the provisions of this Part applies for the purposes of ensuring
that the officers holding certificates issued in accordance with
the Convention are actually appointed and are present and satisfy
himself about the adequacy of such officers for the watchkeeping
duties in ports and at sea.
(3) If any report made under sub-section (2) by a surveyor or any
person authorised in this behalf by the Central Government, reveals
any deficiency in a foreign ship in relation to the requirements
of the Convention and the Central Government is satisfied that it
will be unsafe for such ship to proceed to sea, that ship may be
detained by the officer authorised for this purpose till such requirements
are fulfilled.
87. Power to make rules—
(1) The Central Government may make rules to carry out the provisions
of this Part .
(2) In particular and without prejudice to the generally of the
foregoing power, such rules may provide for all or any of the following
matters, namely:--
(a) the form and manner in which a service endorsement shall be
made on the certificate of competency of a marine engineer officer
class II;
(b) the number of persons and the qulaifications they may possess
for maintaing watches by a ship at sea or in any port or place;
(c) the conduct of the examination of persons desirous of obtaining
certificates of competency and endorsements thereon for the grades
falling under Section 78;
(d) the qualifications to be required to persons desirous of obtaining
certificates of competency for the grades falling under Section
78;
(e) the fees to be paid by applicants for examination;
(f) the period for which certificate granted under sub-section (2)
of Section 79 shall be valid;
(g) the form of such certificates and the manner in which copies
of certificates are to be kept and recorded;
(h) the circumstances or cases in which certificates of competency
may be cancelled or suspended.]
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