219.
Application of Part-- This part applies only to sea-going passenger
ships fitted with mechanical means of propulsion but the provisions
of this Part relating to [special trade passenger ships] shall
not apply--
(a)
to any such ship not carrying more than thirty [special trade
passengers]; or
(b)
to any such ship not intended to carry [special trade passengers]
to or from any port or place in India.
220.
No ship to carry passengers without a certificate of survey--
(1) No ship shall carry more than twelve passengers between ports
or places in India or to or from any port or place in India from
or to any port or place outside India, unless she has a certificate
of survey under this Part in force and applicable to be voyage
on which she is about to proceed or the service on which she is
about to be employed.
Provided
that nothing in this section shall apply to any ship which has
been granted a certificate under section 235, unless it appears
from the certificate that it is inapplicable to the voyage on
which the ship is about to proceed or the service on which she
is about to be employed, or unless there is reason to beleive
that the ship has, since the grant of the certificate, sustained
injury or damage or been found unseaworthy or otherwise inefficent.
(2)
No customs collector shall grant a port clearance, nor shall any
pilot be assigned, to any ship for which certificate of survey
is required by this Part until after the production by the owner,
agent or master thereof of a certificate under this Part in force
and applicable to the voyage on which she is about to proceed
for the service on which she is about to be employed.
(3)
If any ship for which a certificate of survey is required by this
Part leaves or attempts to leave any port of survey without a
certificate, any customs collector or any pilot on board the ship
may detain her until she obtains a certificate.
221.
Power of surveyor-- (1) The owner or agent of every passenger
ship for which a certificate of survey is required under this
Part shall cause it to be surveyed in the prescribed manner.
(2)
For the purpose of a sruvey under this Part, a surveyor may, at
any reasonable time, go on board a ship, and may inspect the ship
and any part thereof, and the machinery, equipment or articles
on board thereof.
Provided
tht he does not unnecessarily hinder the loading or unloading
of the ship, or unnecessarily detain or delay her from proceeding
on any voyage.
(3)
The owner, agent, master and every officer of the ship shall afford
to the surveyor all reasonable facilities for a survey, and all
such information respecting the ship and her machinery and equipment,
or any port thereof, respectively, as the surveyor reasonably
requires.
222.
Fees in respect of sruvey-- Before a survey under this Part is
commenced, the owner, agent or master of the ship to be surveyed
shall pay to such officer as the Central Government may appoint
in this behalf--
(a)
a fee calculated on the tonnage of the ship according to the prescribed
rates;
(b)
when the survey is to be made in any port of survey other than
Bombay, Calcutta or Madras, such additional fee, in respect of
the expense (if any) of the journey of the surveyor to the port
as the Central Government may by order direct.
223.
Declaration of survey-- When a survey under this Part is completed,
the surveyor making it shall forthwith, if satisfied that he can
with propriety do so, deliver to the owner, agent or master of
the ship surveyed a declaration of survey in the prescribed form
containing the following particulars, namely:--
(a)
that the hull and machinery of the ship are sufficient for the
service intended and in good condition;
(B)
that the equipment of the ship is in such condition and that the
certificates of the master, mates, engineers or engine-drivers
and of the radio telegraphy operators, are such, as are required
by this Act or any other law for the time being in force and applicable
to the ship;
(c)
the time ( if less than one year ) for which the hull, machinery
and equipment of the ship will be sufficient;
(d)
the voyages or class or voyages on which, as regards construction
macinery and equipment, the ship is in the surveyor’s opinion
fit to ply;
(e)
the number of passengers which the ship is, in the opinion of
the surveyor, fit to carry, distinguishing, if necessary; between
the respective numbers to be carried on the deck and in the cabins
and in different parts of the deck and cabins; the number to be
subject to such conditions and variations, according to the time
of year, the nature of the voyage, the cargo carried or other
circumstances as the case requires; and
(f)
any other prescribed particulars.
224.
Sending of declaration by owner, agent or master to Central Government--
(1) The owner, agent or master to whom a declaraton of survey
is given shall, within fourteen days after, the date of the receipt
thereof, send the declaration to such officer as the Central Government
may appoint in this behalf.
(2)
If the owner, agent or master face to do so he shall forefeite
a sum not exceeding Rs.5 for every day during which the sending
of the declaration is delayed and shall pay any sum so forefeited
on the delivery of the certificate of service.
225.
Grant of certificate of survey by Central Government-- (1) Upon
receipt of a declaration of survey, the Central Government shall,
if safisfied that the provisions of this Part have been complied
with, cause a certificate, in duplicate, to be prepared and delivered,
through such officer at the port at which the ship was surveyed
as the Central Government may appoint in this behalf, to the owner,
agent or master of the ship surveyed, on his applying and paying
the sums (if any) mentioned in section 224 as payable on the deliver
of a certificate.
(2)
A certificate granted under this section shall be in the prescribed
form; shall contain a statement to the effect that the provisions
of this Part with respect to the survey of the ship and the transmission
of the declaration of survey in respect thereof have been complied
with; and shall also set forth--
(a)
the particulars concerning the ship which clauses (c), (d) and
(e) of section 223 require the declaration of survey to contain;
and
(b)
any other prescribed particulars.
226.
Power of Central Government to order a second survey-- (1) If
a surveyor making a survey under this Part refuses to give a declaration
of survey under section 223 with regard to any ship, or gives
a declaration with which the owner or agent or master of the ship
sureyed is dissatisfied, the Central Government may, on the application
of the owner, agent or master, and the payment by him of such
fee, not exceeding twice the amount of the fee for the previous
survey, as the Central Government may require, direct any other
surveyor to survey the ship.
(2)
The surveyor so directed shall forthwith survey the ship, and
may, after the survey, either refuse to give a declaration or
give such declaration as under the circumstances seems to him
proper, and his decision shall, save as otherwise provided in
this Act, be final.
227.
Duration of certificates of survey-- (1) A certificate of survey
granted under this Part shall not be in force :
(a)
after the expiration of one year from the date of issue; or
(b)
after the expiration of the period, if less than one year, for
which the hull, boilers, engines or any of the equipment have
been stated in the certificate to be sufficient; or
(c)
after notice has been given by the Central Government to the owner,
agent or master of the ship to which the certificate relates that
the Central Government has cancelled or suspended it.
(2) If a passenger ship is absent from India at the time when
her certificate expires, the provisions of this Part relating
to certificate of survey shall not be deemed to be contravened
unless she first begins to ply with passengers after her next
return to India.
228.
Cancellation or suspension of certificate of survey by Central
Government -- (1) Any certificate of survey granted under this
Part may becancelled or suspended by the Central Government if
it has reason to believe-
(a)
that the declaration by the surveyor of the sufficiency of the
hull, boilers, engines or any of the equipment of the ship has
been fraudulently or erroneously made; or
(b)
that the certificate has otherwise been issued upon false or erroneous
information.
(2) Before any certificate of survey is cancelled or suspended
under sub-section (1), the holder of the certificate shall be
given a reasonable opportunity of showing cause why the certificate
should not be cancelled or suspended, as the case may be.
Provided
that this sub-section shall not apply where the Cenral Government
is satisfied that for some reason to be recorded in writing it
is not reasonably practicable to give to the holder of the certificate
an opportunity of showing cause.
