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237.
Ports or places where special trade passengers or pilgrims may
embark or be discharged-- (1) Neither [ a special trade passengers]
or pilgrims, as the case may be, at any port or place within India
other than a port or place appointed in this behalf by the Central
Government for [special trade passenger ships] or pilgrim ships,
as the case may be.
(2)
After a ship has departed or proceeded on a voyage from a port
or place so appointed, a person shall not be received on board
as [a special trade passenger] or pilgrim, as the case may be,
except at some other port or place so appointed.
(2)
The notice shall be given-- (a) in the case of [a special trade
passenger ship], not less than twenty four hours before that time;
(b) in the case of a pilgrim ship at the original port of departure,
if in India, and in any other case at the first port at which
she touches in India, not less than three days, and at all other
ports not less than twenty-four hours, before that time.
239.
Power to enter on and inspect ship-- After receiving the notice
under section 238 the officer appointed under that section or
a person authorised by him in this behalf shall be at liberty
at all times to enter on the ship and inspect her and her fittings
and the provisions and stores on board.
240.
Ship not to sail without certificates A and B-- [(1) A ship intended
to carry special trade passengers between ports or places in India
shall not commence a voyage from any port or place appointed under
sub-section (1) of section 237, unless the master holds certificates
to the effect mentioned in sections 241 and 242.
(1A)
A ship intended to carry special trade passengers from or to a
port or place in India to or from a port or place outside India
shall not commence a voyage from any port or place appointed under
sub-section (1) of section 237, unless the master holds--
(i)
a passenger ship safety certificate;
(ii) an exemption certificate;
(iii) a special trade passenger ship safety certificate;
(iv) a special trade passenger ship space certificate; and
(v) a certificate referred to in section 242.
(2)
The customs collector whose duty it is to grant a port clearance
for the ship shall not grant if[unless the master holds the appropriate
certificate for the voyage specified in sub-section (1), or as
the case may be, in sub-section (1A)].
241.
Contents of certificate A-- (1) The first of the certificates
referred to in sub-section (1) of section 240 (hereinafter called
certificate A) shall be in the prescribed form and contain such
particulars as may be prescribed. (2) In particulars and without
prejudice to the generality of the foregoing power, certificate
A shall contain the following statements and particulars, namely:--
(i) that the ship is seaworthy; (ii) that the ship is properly
equipped, fitted and ventialed; (iii) the number of special trade
passengers the ship is certified to carry; and (iv) such other
particulars as may be prescribed. (3) Certificate A shall remain
in force for a period of one year from the date of issue or for
such shorter period as may be specified therein.
242. Contents of certificate B-- The second of the certificates
(hereinafter called certificate B) shall be in the prescribed from
and shall state--
(a) the voyage which the ship is to make, and the intermediate
ports (if any) at which she is to touch;
(b) that she has the proper complement of officers and seamen;
(c) that the master holds--
(i) a certificate of survey and certificate A; or
(ii)a passenger ship safety certificate accompanied by an exemption
certificate, a special trade passenger ships safety certificate
and a special trade passenger ship space certificate; or
(iii) a nuclear passenger ship safety certificate;
(d)
that she has on board such number of medical officers licensed in
the prescribed manner and such number of attendants, if any, as
may be prescribed;
(e)
that food, fuel and pure water over and above what is necessary
for the crew, and the other things (if any) prescribed for special
trade passenger ships or pilgrim ships, have been placed on board,
of the qulaity prescribed, properly packed, and sufficient to supply
the special trade passengers or pilgrims on board during the voyage
which the ship is to make (including such detention in quarantine
as may be probable) according to the prescribed scale;
(f)
in the case of a special trade passenger ship, if the ship is to
make a voyage in a season of foul weather specified as such in the
rules made under section 262, and to carry upper-deck passengers,
that she is furnished with substantial bulwarks and a double awning
or with other sufficient protection against the weather;
(g)
in the case of a special trade passenger ship, the number of cabin
and special trade passengers embarked at the port of embarkation;
(h)
such other particulars, if any, as may be prescribed for 1[special
trade passenger ships or pilgrim ships, as the case may be.
243.
Officers entitled to grant certificates-- The person by whom certificate
A and certificate B are to be granted shall be the officer appointed
under section 238 who is hereinafter referred to as the certifying
officer.
244.
Survey of ship-- After receiving the notice required by section
238, the certifying officer may, if he thinks fit, cause the ship
to be surveyed at the expense of the master or owner by a surveyor,
who shall report to him whether the ship is, in his opinion, seaworthy
and properly equipped, fitted and ventilated for the service on
which she is to be employed. Provided that he shall not cause
a ship holding a valid certificate referred to in sub-clause (i)
or sub-clause (ii) or sub-clause (iii) of clause (c) of section
242 to be surveyed unless, by reason of the ship having met with
damage or having undergone alterations, or on other reasonable
grounds, he considers it likely that she may be found unseaworthy
or not properly equipped, fitted or ventialted for the service
on which she is to be employed.
245.
Discretion as to grant of certificate B--
(1)
The certifying officer shall not grant a certificate B if he has
reason to believe that the weather conditions are likely to be
adverse or that the ship has on board any cargo likely from its
quality, quantity or mode of storage to prejudice the health or
safety of the special trade passengers or pilgrims.
(2)
Save as aforesaid, and subject to the provisions of sub-section
(3), it shall be in the discretion of the certifying officer to
grant or withhold the certificate, and when he withholds the certificate,
the reasons for so doing shall be communicated to the person concerned.
(3)
In the exercise of that discretion that officer shall be subject
to the control of the Central Government or of such authority
as the Central Government may appoint in this behalf.
246.
Copy of certificate A to be exhibited-- The master or owner shall
post up in a conspicuous part of the ship, so as to be visible
to the persons on board thereof, a copy of certificate A granted
under this Part in respect of the ship and shall keep that copy
so posted up as long as it is in force.
247.
Special trade passengers or pilgrims to be supplied with prescribed
provisions--
(1) The master of a special trade passenger ship or any contactor
employed by him for the purpose shall not, without reasonable
excuse, the burden of proving which shall lie upon him, omit to
supply to any special trade passengers the prescribed allowance
of food, fuel and water, and the master of a pilgrim ship, or
any contractor employed by him for the purpose shall not, without
reasonable excuse, the burden of proving which shall lie upon
him, omit to supply to any pilgrim the prescribed allowances of
food and of water as required by the provisions of this Part.
(2)
Where, under the terms of the ticket issued to a special trade
passenger, he is not entitled to the supply of food by the master
or owner or agent of the ship, sub-section (1) shall, in the case
of such passenger, have effect as if the reference to food
in that sub-section were omitted.
248.
Number of passengers on board not to exceed that allowed by or
under this Part-- (1) A special trade passenger ship or a pilgrim
ship shall not carry a number of special trade passengers or pilgrims,
which is greater than the number allowed for the ship by or under
this Part.
(2)
Any officer authorised in this behalf by the Central Government
may cause all special trade passengers or pilgrims over and above
the number allowed by or under this Part to disembark, and may
forward them to any port at which they may have contract to land,
and recover the cost of so forwarding them from the master, owner
or agent of the ship as if the cost were a fine imposed under
this Part, and a certificate under the hand of that officer shall
be conclusive proof of the amount of the cost aforesaid.
249.
Special trade passenger or pilgrim not to be landed at a place
other than that at which he has contracted to land-- No master,
owner or agent of a special trade passenger ship or a pilgrim
ship shall land any special trade passenger or pilgrim at any
port or place other than the port or place at which the special
trade passenger or pilgrim may have contracted to land, unless
with his previous consent, or unless the landing is made necessary
by perils of the sea or other unavoidable accident.
250.
Forwarding of passengers by Indian consular officers-- (1) If
any special trade passenger from a ship which is on a voyage from
any port or place in India finds himself without any neglect or
default of his own at any port or place outside India other than
the port or place for which the ship was originally bound or at
which he has contracted that he should land, the Indian consular
officer at or near that port or place may forward the passenger
to his intended destination, unless the master, owner or agent
of the ship within forty-eight hours of the arrival of the passenger
gives to that officer a written undertaking to forward the passenger
within six weeks thereafter to his original destination and forwards
him accordingly within that period.
(2)
A passenger so forwarded by or by the authority of an Indian consular
officer shall not be entitled to the return of his passage money
or to any compensation for loss of passage.

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