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294.
Powers of radio inspectors-- (1) A radio inspector may inspect any
ship for the purpose of seeing that she is properly provided with
a radio telegraph or radio telephone installation and certificated
operators in conformity with this Part, and for the purpose may
go on board any ship at all reasonable times and do all things necessary
for the proper inspection of the ship for purpose of the provisions
of this Part relating to radio telegraphy or radio telephony and
may also require the master of the ship to supply him with any information
which it is in the power of the master to supply for that purpose,
including the production of any certificate granted under this Part
in respect of the installation, and of the certificates of the operators
on the ship.
Provided
that if a valid safety convention certificate is produced in respect
of any ship other than an Indian ship, the inspection shall be limited
to seeing that the ship is provided with a radio telegraph or radio
telephone installation and that the number of certified operators
corresponds substantially with the particulars stated in the certificate.
(2)
If a radio inspector finds that a ship is not so provided, he shall
give to the master or owner notice in writing pointing out the deficiency,
and also pointing out what in his opinion is requisite to remedy
the same.
(3)
Every notice given under sub-section (2) shall be communicated in
the prescribed manner to the customs collector of any port at which
the ship may seek to obtain port clearance, who shall order that
the ship shall be detained until a certificate under the hand of
a radio inspector is produced to the effect that the ship is properly
provided with a radio telegraph or radio telephone nstallation and
certified operators in conformity with this Part.
295.
Application of this Part to ships other than Indian ships-- The
provisions of this Part relating to radio telegraphy, radio telephony
and direction finders shall apply to ships other than Indian ships
while they are within any port in India in like manners as they
apply to Indian ships.
296.
Power to make rules-- (1) The Central Government may make rules
t o carry out the purposes of this Part relating to radio telegraphy
or radio telephony [or radio direction finders].
(2)
In particualr and without prejudice to the generally of the foregoing
power, such rules may prescribe--
(a)
the nature of the radio telegraph or radio telephone installation
and radio direction finding apparatus to be provided and of the
service to be maintained, the form of the radio log and the particulars
to be entered therein, and the number, grades and qualifications
of certified operators to be carried;
1[(aa)
the nature of radio telegraph installation to be provided on motor
life-boats and survival craft;]
(b)
the manner in which a notice given unde section 294 shall be communicated
to the customs colector;
(c)
the charging of fees for the grant of the certificate referred to
in sub-section (3) of section 294, the amount of such fees and the
manner in which they shall be recoverable.
Signalling
lamps
297.
Signalling lamps-- Every Indian ship exceeding one hundred and fifty
tons gross shall, when proceeding to sea from any port or place
in India to any port or place outside India, be provided with a
[signalling lamp which shall not be soley dependent upon the ship’s
main source of electrical power and which shall be of the type approved
] by the Central Government.
Stability
informtion
298.
Information about ship’s stability--- (1) There shall be carried
on board every Indian ship whose keel was laid after the 15th day
of June, 1953, such informationin writing [as is necessary to enable
the master by rapid and simple processes to obtain accurate guidance
as to the stability of the ship under varying conditions of service]’
[(2)
The information shall be in such form as may be approved by the
Central Government (which may approve the provision of the information
in the form of a diagram or drawing only) and shall be suitably
amended whenever any alterations are made to the ship so as to materially
affect such information.
(2A) The information shall be based on the determination of the
ship’s stability by means of an inclining test of the ship
and any amendment thereto shall be effected, if necessary, after
re-inclining the ship.
Provided
that the Central Government may, by a general or special order--
(a)
in the case of any ship, allow the information or an amendment thereo
to be based on a similar determination of the stability of a sister
ship;
(b)
in the case of a ship specially designed for the carriage of liquids
or ore in bulk, or of any class of such ships, dispense with such
tests if it is satisfied from the information available in respect
of similar ships that the ship’s proportions and arrangements
are such as to ensure more than sufficient stability in all probable
loading conditions].
(3)
When any information [including any amendment thereto)] under this
section is provided for any ship, the owner shall send a copy thereof
to the Director-General.
(4)
It is hereby declared that for the purpose of section 208 (which
requires documents relating to navigation to be delivered by the
master of a ship to his successor) information (including any amendment
thereto) under this section shall be deemed to be a document relating
to the navigation of the ship.
Safety
certificates, safety equipment certificates, safety radio telegraphy
certificates, safety radio telephony certificates, exemption certificates,
etc.
299.
Safety certificates and qualified safety certificates for passenger
ships--
(1)
Where, on receipt of a declaratin of survey granted under Part VIII
in respect of a passenger ship, the Central Government is satisfied
that the ship complies with the construction rules and with provisions
of this Act and the rules made thereunder relating to life saving
and fire appliances and radio telegraphy or radio telephony installation
[and radio direction finder] applicable to such ship and is provided
with lights and shapes and the means of making fog and distress
signals required by the collision regulations, the Central Government
may issue in respect of the ship a certificate in the prescribed
from to be called a [passenger ship safety certificate].
(2)
Where on receipt of a declaration of survey granted under Part VIII
in respect of a passenger ship the Central Government is satisfied
that there is in force in respect of the ship an exemption ceritificate
granted under section 302 and that the ship complies with all the
requirements referred to in sub-section (1) other than those from
which the ship is exempt under the certificate, the Central Government
may issue in respect of the ship a certificate in the prescribed
form to be called a [qualified passenger ship safety certificate].
[(3)
Where on receipt of a declaration of survey granted under Part VIII
in respect of a special trade passenger ship or a pilgrim ship,
the Central Government is satisfied that the ship complies with
the provision of this Act and the rules made thereunder relating
to construction, life saving appliances and space requirements,
it may in addition to the certificates referred to in sub-section
(1) and (2), issue in respect of the ship a special trade passenger
ship safety certificate and a special trade passenger ship space
certificate.]
[299A.
Safety construction certificates and construction certificates for
cargo ships-- (1) Where in respect of any Indian cargo ship [of
five hundred tons gross or more] the Central Government is satisfied
that the ship has been surveyed in the maner prescribed under section
299B and that she complies with the construction rules made under
section 284, the Central Government may issue in respect of the
ship--
(a)
[if the ship performs international voyages], a certificate in the
prescribed form to be called a cargo ship safety construction certificate;
(b)
in other cases, a certificate in the prescribed form, to be called
a cargo ship construction certificate.
(2)
Where in respect of any such ship as is referred to in sub-section
(1), there is in force an exemtion certificate granted under section
302 of the Act and the Central Government is satisfied that the
ship complies with all the requirements referred to in that sub-section
other than those from which the ship is exempt under that certificate,
the Central Government may issue in respect of the ship a certificate
in the prescribed form to be called a qualified cargo ship safety
construction certificate or a qualified cargo ship construction
certificate.
299B.
Power to make rules-- (1) The Central Government may, subject to
the condtion of previous publication, make rules to regulate the
making of surveys of cargo ship under this Part.
(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
cargo ships generally or by any class of cargo ships in particular;
(c) the duties of the surveyor making a survey;
(d)
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 places or
ports of survey;
(e)
the closing of, and keeping closed, the openings in ships’
hulls and any water-tight bulk-heads;
(f)
the securing of, and keeping in place, and the inspection of, contrivances
for closing any such openings as aforesaid;
(g)
the operation of mechanisms of contrivances for closing any such
openings as aforesaid and the drills in connection with the operation
thereof; and
(h)
the entries to be made in the official log book or other record
to be kept of any of the matters aforesaid.]
300.
Cargo ship safety equipment and cargo ship equipment certificates
for ships other than passenger ships-- (1) If in respect of [any
Indian cargo ship of five hundred tons gross or more, ] the Central
Government is satisfied that the ship complies with the provisions
of this Act and the rules made thereunder relating to life saving
and fire appliances applicable to such ship and is provided with
lights and shapes and the means of making fog and distress signals
required by the collision regulations, the Central Government may
issue in respect of the ship--
(a)
where the ship performs voyage between ports or places in India
and ports or places outside India, a certificate in the prescribed
form to be called a [cargo ship safety equipment certificate];
(b)
where the ship performs voyages only between ports or places in
India, a certificate in the prescribed form to be caled *an [cargo
ship equipment certificate].
(2)
Where in respect of any such ship as is referred to in sub-section
(1), there is in force an exemption certificate granted under section
302 and the Central Government is satisfied that the ship complies
with all the requirements referred to in that sub-section other
than those from which the ship is exempt under that certificate,
the Central Government may issue a certificate in the prescribed
form to be called a qulaified cargo ship safety equipment certificate
or a qualified cargo ship equipment certificate, as the case may
be.
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