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(3)
Where in pursuance of the proviso to sub-section (2), the Director-General
makes any order fixing rates of freight or charter hire, he shall
determine reasonability of such rates of freight or charter hire
by examining such witnesses, documents and accounts as he may deem
necessary.
356M.
Oil Pollution cess-- (1) With effect from such date as the Central
Government may, by notification in the Official Gazette, specify,
there shall be levied on every ship calling at any port in India
being a ship which carries oil as cargo, a cess to be called Oil
Pollution Cess (hereafter in this Part referred to as cess) at such
rate not exceeding fifty paise,--
(a) in respect of each tonne of oil imorted by a ship into India
in bulk as a cargo;
(b) in respect of each tonne of oil shipped from any place in India
in bulk as a cargo of a ship.
as
the Central Government may, by notification in the Official Gazette,
fix.
Provided
that no cess shall be levied on a ship at any port if the ship produces
evidence of having paid such levy at the same or any other port
in India within a period of three months immediately preceding its
present call at the port.
(2)
The cess shall be collected by such officers and in such manner
as the Central Government may prescribe in this behalf and shall,
after deduction of such costs of collection, if any, as the Central
Government may determine, be paid to such authority as the Central
Government may specify.
(3) Tthe proceeds of the cess shall, after due appropriation
made by Parliament by law, be utilised for the purpose of providing
oil reception facilities and equipments and materials for combating
oil pollution at various ports in India and for such other like
purposes as the Central Government may, by Notification in the Official
Gazette, from time to time, specify.
356N.
Refusal of port clearance-- The officer whose duty it is to grant
a port clearance for any ship shall not grant the port clearance
until the amount of cese payable under section 356M has been paid
or until security for the payment thereof has been given to his
satisfaction.
356O.
Power to make rules-- (1) The Central Government may, having regard
to the provisions of the Convention, make rules to carry out the
purposes of this Part.
(2)
In particular and without prejudice to the generality of the provisions
of sub-section (1), such rules may--
(a) prescribe the specification of heavy diesel oil for the purpose
of sub-clause (iii) of clause (j) of section 356B;
(b) prescribe the equipment to be fitted in Indian ships and other
requirements to be complied with by those ships for the purpose
of section 356E;
(c) prescribe the forms of oil record books for tankers and other
ships, the manner in which such books shall be maintained, the nature
of the entries to be made therein, the time and circusmtances in
which such entries shall be made, the custody and disposal thereof
and all other matters relating thereto for the purposes of section
356F;
(d) prescribe the fees which may be levied for inspsection of oil
monitoring system oily water separator, oil content *metre, crude
oil washing system, inert gas system or other equipments or contrivances
carried out on board for preventing pollution of the sea by oil
and the manner in which such fees may be collected.
(e) specify the officers who shall collect the cess and the manner
in which the cess shall be collected.]
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