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PART
IXA
NUCLEAR SHIPS
344A.
Application of Act to nuclear ships344B. Nuclear passenger ship
safety certificates and nuclear cargo ship safety certificates
344A.
Application of Act to nuclear ships-- (1) This part applies only
to nuclear ships.
(2)
Notwithstanding anything contained in this Act, a nuclear ship shall
not be required to obtain or produce any certificate referred to
in sub-clauses (i) to (ix) of clause (38) of section 3 or, as the
case may be, any like valid safety convention certificate.
(3)
The Central Government may, by notification in the Official Gazette,
direct that any of the provisions of this Act (other than the provisions
of this Part and the provisons of section 456) specified in the
notification--
(a) shall not apply to nuclear ships; or
(b) shall apply to nuclear ships, only with such expections, modifications
and adaptations as may be specified in the notification.
(4)
A copy of every notification proposed to be issued under sub-section
(3) shall be laid in draft before both Houses of Parliament for
a period of not less than thirty days while they are in session
and it shall not be issued until it has been approved, whether with
or without modification, by each House of Parliament.
344B.
Nuclear passenger ship safety certificates and nuclear cargo ship
safety certificates-- (1) If in respect of any Indian nuclear passenger
or cargo ship the Central Government is satisfied that the ship
has been surveyed in accordance with this Act and has been inspected
by a person appointed in this behalf by the Central Government and
has compied with such special requirements, if any, as that person
has, after such inspection, specified, the Central Government may
issue--
(a) in the case of a passenger ship, a nuclear passenger ship safety
certificate;
(b) in the case of a cargo ship, a nuclear cargo ship safety certificate.
(2)
A certificate issued under sub-section (1) shall be in force for
a period of twelve months from the date of issue or for such shorter
period as may be specified in the certificate.
344C.
Prohibition of proceeding to sea without certificates-- (1) No Indian
nuclear ship shall proceed on a voyage from any port or place in
India to any port or place outside India unless there is in force
in respect of the ship--
(a) a nuclear passenger ship safety certificate, if she is a passenger
ship;
(b) a nuclear cargo ship safety certificate, if she is a cargo ship.
(2)
The master of a ship to which the section applies shall produce
to the cusotms collector from whom a port clearance for the ship
is demanded the certificate required by sub-section (1) when the
ship proceeds to sea and the port clearance shall not be granted
and the ship may be detained until the said certificates is so produeced.
344D.
Safety assesment and operating manual-- (1) Every Indian nuclear
ship shall have on board a safety assessment and an operating manual
in such form and containing such particulars and approved by such
authority as may be prescribed.
(2)
The safety assessment and the operating manual shall be prepared,
maintained and kept up-to-date in such manner as may be prescribed.
344E.
Foreign nuclear ships to give advance notice of arrival-- (1) No
nuclear ship, other than an Indian ship shall enter the territorial
waters of India unless the master, owner or agent thereof has given
such advance notice of the ship’s intended arrival in India
as may be prescribed, to such authority as may be specified by the
Central Government, and has forwarded along with the notice a true
copy of the ship’s safety assessment to that authority.
(2)
If on the examination and evaluation of the ship’s safety assessment
the authority referred to in sub-section (1) is of opinion that
the entry of the ship will involve unreasonable radiation or other
hazards to the crew, passengers, members of the public, waterways,
food or water resources, he may direct the nuclear ship not to enter
the territorial waters of India and the ship shall comply with such
direction.
344F.
Control on arrival of nuclear ships-- (1) The master of every nuclear
ship shall, on arrival at a port in India, give notice of the ship’s
arrival in the prescribed form to such authority as the Central
Government may specify in this behalf.
(2)
Any person authorised in this behalf (hereinafter referred to as
the authorised person), by general or special order of the Central
Government, may go on board such ship for the purpose of verifying
that she has on board a valid nuclear passenger ship safety certificate
or, as the case may be, nuclear cargo ship safety certificate and
for the purpose of satisfying himself after examining the safety
assessment and operating manual and such other things as he deems
fit that there are no unreasonable radiation or other hazards to
the crew, passengers, members of the public, waterways, food or
water resources.
(3)
If the authorised person is satisfied after such examination that
there are no unreasonable radiatin or other hazards to the crew,
passengers, members of the public, waterways, food or water resources,
he may issue a certificate to that effect.
344G.
Notice of accidents to nuclear ships-- (1) Where an Indian nuclear
ship meets with an accident and such accident is likely to lead
to environmental hazards, the master of the ship shall forthwith
give notice of the accident--
(a) to such offer or authority as may be specified in this behalf
by the Cetral Government; and
(b) if the ship is in or intends to enter the territiorial waters
of a foreign State, also to the appropriate Government authority
of the State.
(2)
Where a nuclear ship other than an Indian ship meets with an accident
of the nature specified in sub-section (1) while she is in the territorial
waters of, or at a port in, India, the master of the ship shall
forthwith give notice of the accident to the officer or authority
specified under clause (a) of sub-section (1).
(3)
On receipt of a notice under sub-section (1) or sub-section (2),
the officer or authority specified under clause (a) of sub-section
(1) shall issue such directons as he thinks necessary and expedient
in the circumstances of the case and investigate into the causes
of the accident in such manner as may be prescribed.
(4)
A copy of the directions issued under sub-section (3) and a report
of the findings of the investigation shall be sent to the Central
Government within such times as may be prescribed.
(5)
Where a nuclear ship other than an Indian ship meets with an accident
of the nature specified in sub-section (1) at any port or place
outside India and intends to enter the territorial waters of India
in a damaged condition, the master of such ship shall give notice
of the nature of the accident and the condition of the ship in such
form as may be prescribed to the officer or authority specified
under clause (a) of sub-section (1) and shall comply with such directions
as that officer or authority may give.
(6)
The provisions of this section are in addition to and not in derogation
of the provisions of Part XII of this Act.
344H.
Application of certain sections to or in relation to certain certificates
under section 344B-- (1) The provisions of sections 228 to 231 (inclusive)
shall, so far as may be, apply to and in relation to every certificate
issued by the Central Government under section 344B in the same
manner as they apply to and in relation to a certificate of survey.
(2)
The provisions of section 309A shall apply to and in relation to
a nuclear ship surveyed for the purpose of issue of a certificate
under section 344B as they apply to and in relation to a ship surveyed
for the purpose of issue of a safety convention certificate under
Part IX.
344I.
Power to make rules-- (1) The Central Government may, by notification
in the Official Gazette, make rules to carry out the purposes of
this Part.
(2)
In particular and without prejudice to the generality of the foregoing
power, such rules may proved for all or any of the folowing matters,
namley--
(a)
the design, construction and standards of inspection and assembly
of the reactor installations of nuclear ships;
(b)
the standards of safety of nuclear ships;
(c)
the manner of survey of nuclear ships;
(d)
the forms in which certificates under this Part may be issued;
(e)
the form and manner in which the safety assessment and operating
manual of a nuclear ship are to be prepared, maintained and kept
up-to-date and the particulars to be contained therein;
(f)
the form of notices under this Part and the time when such notices
should be given;
(g)
the manner in which investigations may be made into causes of accidents
to a nuclear ship;
(h)
the special precautions to be taken against unreasonable radiation
or other nuclear hazards to the crew, passengers and other persons,
to water-ways and to food and water resources;
(i)
the manner in which radio-active waste from nuclear ship is to be
stowed and disposed of;
(j)
the manner in which the reactor fuelling, defuelling and refuelling
and maintenance of nuclear ships are to be carried out;
(k)
the special trainging for and qualifications of, masters and seaman
of nuclear ships;
(l)
the special requirements relating to approach, entry into, stay
in or departure from, an Indian port of a nuclear ship;
(m)
the procedure to be followed for determining the operational conditions
of a nuclear ship;
(n)
the protection and closure of the reactor installation of nuclear
ship in the case of a collision, grounding, fire, leakage of radio-active
material or other accident;
(o)
the fees to be charged for any inspection survey or certificate
under this Part;
(p)
any other matter which has to be or may be prescribed.
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