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[317.
Duration and cancellation of certificates-- (1) Every certificate
issued in respect of a ship under clause (a) or clause (b)] of sub-section
(1) of section 316 and every certificate issued under clause (aa)
of that sub-section to a ship referred to in clause (e) of sub-section
(2) of section 310 shall be in force for a period of five years
from the date of its issue or for such shorter period as may be
specified in the certificate but subject to the provisions of this
Part, a new certificate may be issued in respect of such ship.
Provided
that where it is not possible to issue such new certificate to any
ship before the expiry of its existing certificate, the Central
Government or any other person authorised by it to issue such certificate
may, on being satisfied that no alterations affecting the ship’s
free board have been made in the structure, equipment, arrangements,
material or scantllings, after the last survey of the ship under
sub-section (5), extend the validity of the existing certificate
for such period not exceeding five months as the Central Government
or such person may deem fit.
(2)
Every certificate issued under clause (aa) of sub-section (1) of
section 316 to a ship referred to in clause (f) of sub-section (3)
of section 310 shall cease to be valid upon the completion of the
voyage of which such certificate was issued.
(3)
Notwithstanding anything contained in the foregoing provisions of
this section, any certificate issued in respect of a ship under
sub-section (1) of section 316 shall cease to be valid when the
ship ceases to be an Indian ship.
(4)
The Central Government may, by order in writing, cancel any certificate
issued in respect of a ship under sub-section (1) of section 316
if it is satisfied that --
(a)
material alterations such as would necessitate assignment of an
increased free board have taken place in the hull or superstructure
of the ship.
(b)
the fittings and appliances for the protection of openings, the
guard rails, freeing ports, or the means of access to the crew’s
quarters are not maintained in an effective condition.
(c)
the structural strength of the ship is lowered to such an extent
as to render the ship unsafe.
(d)
the markings of the deck line and load lines on the ship have not
been properly maintained.
Provided
that no such order shall be made unless the person concerned has
been given a reasonable opportunity to represent his case.
(5)
The owner of every ship in respect of which any certificate has
been issued under sub-section (1) of section 316 shall, so long
as the certificate remains in force, cause the ship to be surveyed
in the prescribed manner once at least in each year during the period
commencing three months before and ending three months after the
anniversary date of issue of the certificate for the purpose of
determining whether the certificate should, having regard to the
provisons of sub-section (4), remain in force.
Provided
that the Central Government may, if satisfied in any case for reasons
to be recorded in writing that it is necessary or expedient so to
do, extend by order in writing the time within which a ship shall
be caused to be so surveyed.
(6)
If the owner fails to cause the ship to be surveyed as aforesaid,
the Central Government may, after giving the owner a reasonable
opportunity to represent his case and without prejudice to any other
action that may be taken under this Act in respect of such failure,
cancel the certificate.
(7)
Nothwithstanding anything contained in sub-section (1), any international
load line certificate issued or renewed under this Act before the
date of publication of the Merchant Shipping (Amendment) Act, 1970
(25 of 1970), in the Official Gazette and in force on the date,
shall continue to be in force,--
(a) for the unexpired portion of the period for which such certificate
had been issued, or as the case may be, renewed; or
(b) for a period of two years from the commencement of this section,
whichever
is shorter.
(8)
Where any certificate has ceased to be valid or been cancelled under
this section, the Central Government may require the owner or master
of the ship to which the certificate relates to deliver up the certificate
as it directs and the ship may be detained, until such requirement
has been complied with.
(9)
On the survey of any ship in pursuance of this section, there shall
be paid by the ownerof the ship such fee as may be described.]
318.
Ships not to proceed to sea without certificate-- (1) No Indian
ship shall proceed to sea unless there is in force in respect of
the ship a load line certificate issued under the provisions of
section 316.
(2)
The master of every Indian ship shall produce to the customs collector,
from whom a port clearance for the ship is demanded, the certificate
which is required by the foregoing provisions of this section to
be in force when the ship proceeds to sea, and the port clearance
shall not be granted, and the ship may be detained, until that certificate
is so produced.
319.
Publications of load line certificate and particulars relating to
depth of loading-- (1) When a load line certificate has been issued
in pursuance of the foregoing provisions of this Part in respect
of an Indian ship other than a hometrade ship of less than two hundred
tons gross--
(a)
the owners of the ship shall forthwith on the receipt of the certificate
cause it to be posted up in some conspicuous place on board the
ship; and to be kept so posted up and legible so long as teh certificate
remains in force and the ship is in use; and
(b)
the master of the ship, before making any other entry in any official
log book, shall enter or cause to be entered therein the particulars
as to the position of the deck line and load lines specified in
the certificate.
(2) Before any such ship leaves any dock, wharf, harbour or other
place for the purpose of proceeding to sea, the master thereof shall--
(a)
enter or cause to be entered in the official log book such particulars
relating to the depth to which the ship is for the time being loaded
as the Central Government may by rules made in this behalf prescribe,
and
(b)
cause a notice, in such form and containing such of the said particulars
as may be required by the said rules, to be posted up in some conspicuous
place on board the ship and to be kept so posted up and legible
until the ship arrives at some other dock, wharf, harbour or place;
Provided
that the Central Government may by the said rules exempt hometrade
ships or any class of home-trade ships from the requirements of
clause (b) of this sub-section.
320.
Insertion of particulars as to load lines in agreements with crew--
(1)
Before an agreement with the crew of any ship in respect of which
a load line certificate is in force, is signed by any member of
the crew, the master of the ship shall insert in the agreement the
particulars as to the position of the decks line and load lines
specified in the certificate.
(2)
In the case of a ship required by this Act to engage its crew before
a shipping master, the shipping master shall not proceed with the
engagement of the crew until--
(a)
there is prescribed to him a load line certificate for the time
being in force in respect of the ship; and
(b)
he is satisfied that the particulars required by this section have
been inserted in the agreement with the crew.
Special
provisons as to ships other than Indian ships
321.
Issue of load line certificate to foreign ships in India and Indian
ships in foreign countries-- 1[(1)] The Central Government may,
at the request of a country to which the Load Line Convention applies,
issue an international load line certificate in respect of a ship
2[registered or to be registered] in that country if it is satisfied
in like manner as in the case of an Indian ship that it can properly
issue the certificate and where the certificate is issued at such
a request, it shall contain a statement that it has been so issued.
3[(2)
The Central Government shall, as soon as may be, after the issue
of a certificate in respect of a ship under sub-section (1), forward
to the Government at whose request such certificate was issued a
copy each of the certificate, the survey report used in computing
the free board of the ship and of the computations.]
322.
Recognition of load line certificates and international load line
exemption certificates issued outside India-- An international 4[load
line certificate or, as the case may be, an international load line
exemption certificate] issued in respect of any ship other than
an Indian ship by the Government of the country to which the ship
belongs shall, subject to such rules as the Central Government may
make in this behalf, have the same effect in India as a 4[load line
certificate or, as the case may be, an international load line exemption
certificate] issued in respect of an Indian ship under this Part.
323.
Inspection and control of Load Line Convention ships other than
Indian ships-- 5[(1) A surveyor may, at any reasonable time, go
on board any ship (other than an Indian ship) carrying cargo or
passengers and registered in a country to which the Load Line Convention
applies, when such ship is within any port in India, for the purpose
of demanding the production of any international load line certificate
or, as the case may be, international load line exemption certificate
for the time being in force in respect of the ship.
Provided
that such ship is an existing ship of one hundred and fifty tons
gross or more or a new ship of twenty-four metres or more in length.]
(2)
If a valid international load line certificate is produced to the
surveuor on any such demand, the surveyor’s powers of inspecting
the ship with respect to load line shall be limited to seeing--
(a)
that the ship is not loaded beyhond the limits allowed by the certificate;
(b)
that the position of the load lines on the ship corresponds with
the position specified in the certificate;
1[(c)
that no material alterations as would necessitate the assignment
of an increased free board have taken place in the hull or superstructure
of the ship;]
(d)
that the fittings and appliances for the protection of openings,
the guard rails the freeing ports and the means of access to the
crew’s quarters have been maintained on the ship 2[in an effective
condition].
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