229.
Alterations in ships subsequent to grant of certificate of survey,
and additional surveys-- (1) The owner, agent or master of a ship
in respect of which a certificate of survey granted under this
Part is in force, shall, as soon as possible after any alteration
is made in the ships hull, equipment or machinery which
affects the efficiency thereof of the seaworthiness of the ship,
give written notice to such person as the Central Government may
direct containing full particulars of the alteration.
(2)
If the Central Government has reason to believe that since the
making of the last declaration of survey in respect of a ship--
(a)
any such alteration as aforesaid has been made in the hull, equipment
or machinery of the ship; or (b) the hull, equipment or machinery
of the ship have sustained any injury or are otherwise insufficient;
the
central Government may require the ship to be again surveyed to
such extent as it may thin fit, and, if such requirement is not
cimplied with, may cancel any certificate of survey issued under
this Part in respect of the said ship.
230.
Power to require delivery of expired or cancelled certificate
of survey--
Every
certificate of survey granted under this Part which has expired,
or has been cancelled or suspended, shall be delivered to such
person as the Central Government may direct.
231.
Certificate of survey to be affixed in conspicuous part of ship--
The owner or master of every ship for which a certificate of survey
has been granted under this Part shall forthwith, on the receipt
of the certificate, cause one of the duplicates thereof to be
affixed, and kept affixed so long as the certificate remains in
force and the ship is in use on some conspicuous part of the ship
where it may be easily read by all persons on board thereof.
232.
Ship not to carry passengers in contravention of Act-- (1) No
ship or any voyage shall carry or attempt to carry passengers
in contravention of section 220 or shall have on board or in an
part thereof a number of passnegers which is greater than the
number set forth in the certificate of survey as the number of
passengers which the ship or the part thereof is fit to carry
on that voyage. (2) If the master or any other officer
of any ship which carries or attempts to carry passengers in contravention
of section 220 is a licensed pilot, he shall be liable to have
his licence as a pilot cancelled or suspended for such period
as the Central Government may, by order, specify.
Keeping
order in passenger ships
233.
Offences in connection with passenger ships-- (1) If, in the case
of a ship for which a certificate of survey has been granted under
this Part--
(a)
any person being drunk or disorderly has been on that account
refused admission therto by the owner or any person in his employ
and, after having the amount of his fare (if he has paid it) returned
or tendered to him, nevertheless persists in attempting to enter
the ship;
(b)
any person being drunk or disorderly on board the ship is requested
by the owner or any person in his employ to leave the ship at
any place in India at which he can conveniently do so, and after
having the amount of his fare (if he has paid it) returned or
tendered to him, does not comply with the request;
(c)
any person on board the ship after warning by the master or other
officer thereof, molests or continues to molest any passenger;
(d)
any person having gone on board the ship at any place and being
requested, on account of the ship being full, by the owner or
any person in his employ to leave the ship, before it has departed
from that place, and having had the amount of his fare (if he
has paid it) returned or tendered to him, does not comply with
that request;
(e)
any person travels or attempts to travel in the ship without first
paying his fare and with intent to avoid payment thereof;
(f)
any person on arriving in the ship at the place for which he has
paid his fare knowingly and wilfully refuses or neglects to quit
the ship;
(g)
any person on board the ship fails when requested by the master
or other officer thereof either to pay his fare or to exhibit
such ticket or other reciept, if any, showing the payment of his
fare as is usually given to persons travelling by and paying fare
for the ship he shall be guilty of an offence under this sub-section.
(2)
No person on board any such ship shall wilfully do or cause to
be done anything in such a manner as to obstruct or injure any
part of the machinery or tackle of the ship or to obstruct, impede
or molest the crew or any of them in the navigation or management
of the ship or otherwise in the execution of their duty on or
about the ship.
(3)
The master or other officer of any such ship and all persons called
by him to his assistance may, without warrant, detain any person
who commits any offence under this section and whose name and
address are unknown to the master or officer and convey the offender
with all convenient despatch before the [nearest Judical Magistrate
of the first class or the Metropolitan Magistrate, as the case
may be,] to be dealt with according to law.
234.
Power to exclude drunken passengers from passenger ships-- The
master of any passenger ship may refuse to receive on board thereof
any person who by reason of drunkenness or otherwise is in such
a state or misconducts himself in such a manner as to cause annoyance
or injury to passengers on board; and if any such person is on
board, may put him on shore at any convenient place; and a person
so refused admittance or put on shore shall not be entitled to
the return of any fare he has paid.
235.
Ships with certificates of survey or certificates of partial survey
granted outside India-- (1) When a ship requires to be furnished
with a certificate of survey under this Part and the Central Government
is satisfied--
(a)
by the production of a certificate of survey that the ship has
been officially surveyed at a port in a country outside India;
(b)
that the requirements of this Act are proved by that survey to
have been substantially complied with; and (c) that certificates
of survey granted under this Part are accepted in such country
in lieu of the corresponding certificates required under the laws
in force in that country;
the
Central Government may, if it thinks fit, dispense with any further
survey of the ship in respect of the requirements so complied
with, and give a certificate which shall have the same effect
as a certificate given after survey under this Part. (2) When
the Central Government has, by notification in the Official Gazette,
declared that it is satisfied that an official survey at a port
in a country outside India specified in the declaration in such
as to prove that the requirements of this Act have been substantially
complied with, any person authorised by the Central Government
in this behalf may exercise the power to dispense with a survey
and to give a certificate conferred on the Central Government
by sub-section (1) in the case of any ship furnished with a valid
certificate of survey granted at such port.
(3)
The provisions of sub-section (1) shall be applicable in the case
of ships furnished with valid certificates of partial survey including
docking certificates, as if they were furnished with like certificates
granted at ports in countries outside India subject to the modification
that the powers of the Central Government under the said sub-section
may be exercised by any person authorised by the Central Government
in this behalf.
236.
Power to make rules as to surveys-- (1) The Central Government
may, subject to the condition of previous publication, make rules
to regulate the making of surveys under this Part and the provisions
to be made for the safety of life at sea.
(2) In particular, and without prejudice to the generality
of the foregoing power, such rules may provide for all or any
of the following matters, namely:--
(a)
the times and places at which, and the manner in which, surveys
are to be made;
(b)
the requirements as to construction, machinery, equipment and
marking of sub-division load lines, which are to be fulfilled
by ships generally or by any class of ships in particular before
a declaration of survey may be granted;
(c)
the survey of ships by two or more surveyors;
(d)
the duties of the surveyor making a survey and, where two or more
sruveyors are employed, the respective duties of each of the surveyors
employed;
(e)
the form in which declarations of survey and certificates of survey
under this Part are to be made and the nature of the particulars
to be stated therein respectively;
(f)
the rates according to which the fees payable in respect of surveys
are to be calculated in the case of all or any of the ports of
survey;
(g)
the closing of, and keeping closed, the openings in ships
hulls and in water-tight bulk-heads;
(h)
the securing of, and keeping in place and the inspection of contrivances
for closing any such openings as aforesaid;
(I)
the operation of mechanisms of contrivances for closing any such
openings as aforesaid and the drills in connection with the operation
thereof; and
(j)
the entries to be made in the official log book or other record
to be kept of any of the matters aforesaid.
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