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[(2A)
If a valid international load line exemption certificate is produced
to the surveyor on demand made under sub-section (1), the surveyors
power of inspecting the ship with respect to load lines shall be
limited to seeing that the conditions stipulated in the certificate
are complied with.]
(3)
If it is found [on any inspection under sub-section (2) or, as the
case may be, sub-section (2A)] that the ship is loaded beyond the
limits allowed by the certificate, the ship may be detained and
the provisions of section 342 shall apply.
(4)
If it is found [on any inspection under sub-section (2) or, as the
case may be, sub-section (2A)] that the load lines on the ship are
not in the position specified in the certificate, the ship may be
detained until the matter has been rectified to the satisfaction
of the surveyor.
(5)
If it is found [on any inspection under sub-section (2) or, as the
case may be, sub-section (2A)] that the ship has been so materially
altered in respect of the matters referred to in clauses (c) and
(d) of sub-section (2) that the ship is manifestly unfit to proceed
to sea without danger to human life, the ship shall be deemed to
be unsafe for the purpose of section 336 (in the case of an Indian
ship) or for the purpose of section 342 (in the case of any other
ship).
Provided
that where the ship has been detained under either of the last mentioned
sub-sections, the Central Government shall order the ship to be
released as soon as it is satisfied that the ship is fit to proceed
to sea without danger to human life.
(6)
If a valid international load line certificate [or, as the case
may be, international load line exemption certificate] is not produced
to the surveyor on such demand as aforesaid, the surveyor shall
have the same power of inspecting the ship, for the purpose of seeing
that the provisions of this Part relating to load lines have been
complied with as if the ship were an Indian ship.
(7)
For the purposes of this section a ship shall be deemed to be loaded
beyond the limits allowed by the certificate if she is so loaded
as to submerge in salt water, when the ship has no list, the appropriate
load line on each side of the ship, that is to say, the load line
appearing by the certificate to indicate the maximum depth to which
the ship is for the time being entitled under the Load Line Convention,
to be loaded.
324.
Certificate of Load Line Convention ships other than Indian ships
to be produced to customs--- The master of every ship other than
an Indian ship, being a ship of one hundred and fifty tons gross
or more carrying cargo or passengers, and belonging to a country
to which the Load Line Convention applies, shall produce to the
customs collector from whom a port clearance for the ship from any
port in India is demanded--
(a)
in a case where port clearance is demanded in respect of a voyage
to a port outside India, a valid international load line certificate;
(b)
in a case where port clearance is demanded in respect of any other
voyage, either a valid international load line certificate or a
valid Indian load line certificate;
and
the port clearance shall not be granted, and the ship may be detained,
until the certificate required by this section is so produced.
325.
Marking of deck line and load lines of ships other than Indian ships--
The
provisons of section 312 shall apply to ships other than Indian
ships proceeding or attempting to proceed to sea from ports in India
as they apply to Indian ships subject to the following modifications,
namely:--
(a)
the said section shall not apply to a ship other than an Indian
ship if a valid international load line certificate is produced
in respect of the ship; and
(b)
subject to the provisions of clause (a), a ship other than an Indian
ship which does not comply with the conditions of assignment to
the extent required in her case by section 323 shall be deemed to
be unsafe for the purpose of section 342.
326.
Submersion of load line of ships other than Indian ships-- The provisons
of section 313 shall apply to ships other than Indian ship, while
they are within any port in India as they apply to Indian ships
subject to the following modifications, namely:--
[(a)
no ship belonging to a country to which the Load Line Convention
applies being an existing ship of one hundred and fifty tons gross
or more or being a new ship of twenty-four metres or more in length
shall be detained and no proceedings shall be taken against the
owner or master thereof by virtue of the said section except after
an inspection by a surveyor as provided by section 323; and]
(b)
the expression the appropriate load line in relation
to any ship other than an Indian ship shall mean--
(i)
in the case of a ship in respect of which there is produced on such
an inspection as aforesaid a valid international load line certificate
[or, as the case may be, an international load line exemption certificate],
the load line appearing by the certificate to indicate the maximum
depth to which the ship is for the time being entitled under the
Load Line Convention, to be loaded;
(ii)
in any other case, the load line which corresponds with the load
line indicating the maximum depth to which the ship is for the time
being entitled under the load line rules to be loaded, or, if no
load line on the ship corresponds as aforesaid, the lowest load
line thereon.
327.
Inspection of ships other than Indian ships belonging to non-Convention
countries--- The provisons of section 315 shall apply, in the same
manner as they apply to Indian ships, to all ships registered in
a country to which the Load Line Convention does not apply while
they are within Indian jurisdiction.
328.
Load line certificates and international load line exemption certificates
of ships other than Indian ships-- (1) The provisions of this Part
relating to the issue, effect, duration [and cancellation of Indian
load line certificates or, as the case may be, inter-national load
line exemption certificates] shall apply to ships other than Indian
ships as they apply to Indian ships subject to the following modifications,
namely:--
(a)
any such certificate may be issued in respect of any such ship as
in respect of an Indian ship provided that [any such certificate
issued in respect of a ship carrying cargo or passengers being an
existing ship of one hundred and fifty tons gross or more or being
a new ship of twenty-four metres or more in length] and registered
in a country to which the Load Line Convention applies, shall only
be valid so long as the ship is not plying on voyages from or to
any port in India to or from any place outside India and shall be
endorsed with a statement to that effect and shall be cancelled
by the Central Government if it has reason to believe that the ship
is so plying; and
(b)
the survey required for the purpose of seeing whether the certificate
should remain in force shall take place when required by the Central
Government.
(2)
If the Central Government is satisfied--
(a)
that provision has been made for the fixing, marking and certifying
of load lines by the law in force in any country outside India with
respect to ships (or in any class or description of ships) of that
country and has also been so made (or has been agreed to be so made)
for recognising Indian load line certificates as having the same
effect in ports of that country as certificate issued under the
said provision, and
(b)
that the said provisons for the fixing, marking and certifying of
load line is based on the same principles as the corresponding provisions
of this Part relating to load lines and is equally effective,
it
may, by notification in the Official Gazette, direct that load line
certificates issued in pursuance of the said provision or in respect
of ships (or that class or description of ships) of that country,
shall have the same effect for the purpose of this Part as Indian
load line certificates.
[Provided
that such direction shall not apply to any ship carrying cargo or
passenger being an existing ship of one hundred and fifty tons gross
or more or being a new ship of twnety-four metres or more in length
if such ship is registered in a country to which the Load Line Convention
applies, and is engaged in plying on voyages from or to any port
in India to or from any port outside India.]
329.
Certificates to be produced to customs by ships other than Indian
ships registered in non-Convention countries-- The master of every
ship registered in a country to which the Load Line Convention does
not apply shall produce to the customs collector from whom a port
clearance for the ship from any port in India is demanded, either
an Indian load line certificate or a certificate having effect under
this Act as such a certificate, being a certificate for the time
being in force in respect of the ship, and the port clearance shall
not be granted and the ship may be detained until the certificate
required by this section is so produced.
Loading
of timber
330.
Power to make rules as to timber cargo-- (1) The Central Government
shall, subject to the condition of previous publication, make rules
(hereafter in this section referred tio as the timber cargo rules)
as to the conditions on which timber may be carried as cargo in
any uncovered space on the deck of any Indian ship.
(2)
The timber cargo rules may prescribe a special load line to be used
only when the ship is carrying timber as cargo on deck and the conditions
on which such special load line may be assigned, and may further
prescribed either generally or with reference to particular voyages
and seasons the manner and position in which such timber is to be
stowed and the provisions which are to be made for the safety of
the crew.
(3)
Any surveyor may at any reasonable time, inspect any Indian ship
carrying timber as cargo in any uncovered space on her deck for
the purpose of seeing whether the timber cargo rules have been complied
with.
(4)
The foregoing provisons of this section and the timber cargo rules
shall apply to ships other than Indian ships while they are within
Indian jurisdiction as they apply to Indian ships.
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