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428.
Fraudulent use of certificate of registry or certificate of inspetion,
etc., prohibited-- (1) No person shall use or attempt to use the
certificate of registry or the certificate of inspection granted
in respect of a sailing vessel for any purpose other than the lawful
navigation of the vessel.
(2)
No person shall use or attempt to use for the navigation of a sailing
vessel a certificate of registry or a certificate of inspection
not granted in respect of that vessel.
(3)
No person who has possession or under his control the certificate
of registry or the certificate of inspection of a sailing vessel
shall refuse or omit without reasonable cause to deliver such certificate
on demand
to the owner of the vessel.
429.
Statement relating to crew of sailing vessel to be maintained--
(1) Every owner or tindal of a sailing vessel shall maintain or
cause to be maintained in the prescribed form a statement of the
crew of the vessel containing with respect to each member thereof--
(a) his name;
(b) the wages payable to him;
(c) the names and addresses of his next-of-kin;
(d) the date of commencement of his employment; and
(e) such other particulars as may be prescribed.
(2)
Every change in the crew of the vessel shall be entered in the statement
under sub-section (1).
(3)
A copy of such statement and of every change entered therein shall
be communicated as soon as possible to the registrar of the port
of registry of the vessel concerned.
430.
Inquiry into jettisoning of cargo-- (1) If any owner or tindal of
a sailing vessel in the course of her voyage, has jettisoned or
claims to have jettisoned the whole or any part of the cargo of
the vessel on account of abnormal weather conditions or for any
other reason, he shall immediately after arrival of the vessel at
any port in India give notice of such jettisoning to the proper
officer at such port; and such notice shall contain full particulars
of the cargo jettisoned and the circumstances under which such jettisoning
took place.
(2)
When any such officer receives notice under sub-section (1) or has
reason to believe that the cargo of any sailing vessel in his port
has been jettisoned, he shall forthwith report in writing to the
Central Government the information he has received and may proceed
to make an inquiry into the matter.
431.
Non-Indian sailing vessels not to engage in coasting trade without
permission-- (1) A sailing vessel not owned by a citizen of India
[or a company or the co-operative society which satisfies the requirements
specified in clause (b) or, as the case may be, clause (c) of section
21], shall not engage in the coasting trade of India without the
written permission of the Director-General.
(2)
The Director-General may, when granting such permission, impose
such terms and conditions as he thinks fit and may require the owner
or other person in charge of the vessel to deposit with him such
amount as he thinks necessary for the due fulfilment of such terms
and conditions.
(3)
No customs collector shall grant a port clearance to a sailing vessel
not registered under this Part which engages or attempts to engage
in the coasting trade of India until after the production by the
owner or person in charge thereof of the written permission of the
Director-General.
432.
Detention of over-loaded non-Indian sailing vessels-- (1) If any
sailing vessel registered in any country outside India arrives in
or proceeds from a port or place in India in an overloaded condition
the person in charge of the vessel shall be guilty of an offence
under this section.
(2)
A sailing vessel shall be deemed to be in an overloaded condition
for the purposes of this section--
(a)
where the vessel is loaded beyond the limit specified in any certificate
issued in the country in which she is registered; or
(b)
in case no such certificate has been issued in respect of the vessel,
where the actual free board of the vessel is less than the free
board which would have been assigned to her had she been registered
under this Part.
(3)
Any sailing vessel which is in an overloaded condition and is about
to proceed from a port or place in India may be detained until she
ceases to be in an overloaded condition; but nothing herein contained
shall affect the liability of the person in charge of the vessel
in respect of such overloading under any other provisions of this
Act.
433.
Power of courts to rescind contracts between owner and tindal--
Where a proceeding is instituted in any court in respect of any
dispute between the owner of a sailing vessel and the tindal arising
out of or incidental to their relation as such, or is instituted
for the purposes of this section, the court, if having regard to
all the circusmtances of the case it thinks it just to do so, may
rescind any contract between the owner and the tindal upon such
terms as the court may think just and his power shall be in addition
to any othe jurisdiction which the court can exercise independently
of this section.
434.
Application to sailing vessels of other provisons relating to ships--
The Central Government may, by notification in the Official Gazette,
direct that any provisions of this Act other than those contained
in this Part which do not expressly apply to sailing vessels shall
also apply to sailing vessels subject to such conditions, exceptions
and modifications as may be specified in the notification.
[434A.
Insurance fo members of crew of sailing vessel-- (1) Subject to
the other provisions of this section and the scheme framed under
sub-section (3), the owner of every sailing vessel shall take and
keep in force, in accordance with the provisions of the said shceme,
a policy of insurance whereby all the members of the crew of such
vessel are insured against death or personal injury caused by accident
in the course of employment as such members.
(2)
It shall be the responsibility of the owner of evry sailing vessel
to bear the expenses incidental to the taking of the policy of insurance
referred to in sub-section (1) and to pay the premiums for keeping
it in force.
Provided that the maximum amount which the owner of the sailing
vessel shall be liable to pay by way of premiums per year shall
not exceed--
(a)
where the number of members of the crew is not more than ten, one
hundred and fifty rupees;
(b)
where the number of members of the crew is more than ten, a sum
calculated at the rate of fifteen rupees for each member of the
crew.
(3)
The Central Government may, by notification in the Official Gazette,
frame a scheme providing for the insurance of all persons employed
as members of the crew of sailing vessels against death or personal
injury caused by accident arising in the course of their employment
as such members.
(4)
Without prejudice to the generality of the provisions of sub-section
(3), a scheme framed under that sub-section may provide for--
(a)
the amount which should be payable in the case of personal injury
resulting in the death of a member of the crew of a sailing vessel
due to accident and in the case of other injuries.
Provided
that different amounts may be provided in respect of different personal
injuries not resulting in death;
(b)
the procedure for payment of such amounts; and
(c)
all other matters necessary for giving effect to the scheme.
(5)
Where, under the provisions of any other law for the time being
in force, compensation is payable in respect of death or personal
injury sustained by a member of the crew of a sailing vessel as
a result of an accident in the course of his employment as such
member, then if the amount payable in the respect of such death
or personal injury in accordance with the scheme framed under this
section--
(a)
is equal to, or more than, the compensation payable under such other
law, no compensation shall be payble under such other law,;
(b)
is less than the compensation payable under such other law, the
compensation payable under such other law shall be reduced by the
said amount.
(6)
Every scheme framed by the Central Government under this section
shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in section, for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree
that the scheme should not be made, the scheme shall thereafter
have effect only in such modified from or be of no effect, as the
case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously
done under that scheme.
434B.
Policy of Insurance-- (1) No sailing vessel shall ply or proceed
to sea unless there is in force in respect of the members of the
crew of the vessel a policy of insurance complying with the requirements
of section 434A and the scheme framed thereunder.
(2)
No customs collector shall grant a port clearance to a sailing vessel
until after production by the owner of such a policy of insurance.]
435.
Power to make rules respecting sailing vessels-- (1) The Central
Government may 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 provide for all or any of the following matters,
namley:--
(a)
the form in which applications for certificates of registry shall
be made and the particulars which such applications should contain;
(b)
the manner in which the tonnage of sailing vessels shall be ascertained;
(c)
the manner in which free board is to be assigned to sailing vessels
and the free board markings are to be made;
(d)
the form in which certificates of registry and certificates of inspection
may be issued;
(e)
the issue of duplicate copies of certificates of registry and certificates
of inspection where the originals are destroyed, lost, mislaid,
mutilated or defaced;
(f)
the manner in which, and the time within which, applications for
the registry of alterations in the certificates of registry of sailing
vessels shall be reported, the endorsement of the particulars of
alteration on the certificates of registry, the grant of provisional
certificates in cases where sailing vessels are directed to be registered
anew, the period for which provisional certificates shall be valid
and all other matters anciallary to the registry of alterations;
(g)
the manner in which applications for the transfer of registry of
sailing vessels from one port to another in India shall be made
and the procedure to be followed by the registrar in connection
with such transfer;
(h)
the authorities by which sailing vessels are to be inspected and
certificates of inspection are to be issued under this Part;
(i)
the criteria by which sailing vessels may be classified for the
purpose of determining the limits within which they may be used
for purposes of trading;
(j)
the fixing of the rates of freight which may be charged by sailing
vessels for specified goods or for any class of goods in relation
in the coasting trade of India;
(k)
the equipment which sailing vessels or any class of sailing vessels
should carry including equipment relating to life saving and fire
appliances, lights, shapes and signals required by the collision
regulations;
(l)
the survey of space provided for passengers of sailing vessels and
the scale and type of accommodation to be provided for such passengers;
(m)
the authority to which information regarding certificates of registry,
registry of alterations and issue of fresh certificates of registry
under this Part is to be sent by registrars;
(n)
the qualifications to be possessed by tindals and other members
of the crew of sailing vessels, the issue of permits to tindals
and of identity cards to other members of the crew, the conditions
for the issue of such permits and identify cards and the cancellation
or suspension thereof;
[(o)
the fees which may be levied for the issue or re-issue of certificates
of registry, for the survey or inspection of sailing vessels before
issue of such certificates, for the inspection of sailing vessels
and for all other purposes of this Part and the manner in which
such fees may be recovered;]
(p)
the form in which a contract for chartering a sailing vessel shall
be executed;
(q)
the form in which a contract for the carriage of goods by sailing
vessels shall be executed;
(r)
the reservation, in the public interest or in the interest of sailing
vessels, of specified commodities for transport by sailing vessels
either generally or in specified sectors of the coasting trade or
between specified ports and the conditions subject to which such
reservation may be made;
(s)
any other matter which has to be or may be prescribed.
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