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PART
XVII
MISCELLANEOUS
449.
Power to appoint examiners and to make rules as to qualifications
of ship surveyors
450. No person to practice as ship surveyor unless qualified
451. Power of ship surveyor to inspect ship
452. Inquiry into cause of death on board Indin ship
453. Certain persons deemed to be public servant
454. Powers of persons authorised to investigate, etc.
454A. Power to prescribe alternative fittings, etc
455. Exemption of public ships, foreign and Indian
456. Power to exempt
457. General power to make rules
458. Provisions with respect to rules and regulations
459. Power to constitute committees to advise on rules, regulations
and scales of fees
460. Protection of persons acting under Act
460A. Removal of difficulties
449.
Power to appoint examiners and to make rules as to qualifications
of ship surveuors-- The Central Government may appoint persons for
the purpose of examining the qualifications of person desirous of
practising the professio of a ship surveyor at any port in India
and may make rules--
(a)
for the conduct of such examinations and qualifications to be required;
(b)
for the grant of certificates to qualified persons;
(c)
for the fees to be paid for such examinations and certificates;
(d)
for holding inquiries into charges of incompetency and misconduct
on the part of holders of such certificates and
(e) for the cancellation and suspension of such certificates.
450.
No person to practice a ship surveyor unless qualified-- No person
shall in any port in which there is a person exercising the profession
of a ship surveyor and holding a certificate granted under section
449 exercise such profession in such port unless he holds a certificate
granted under that section.
Provided
that nothing herein contained shall prevent any person employed
exclusively by Lloyd’s Register of Shipping or Bureaui Veritas
or any other classification society specified by the Central Government
in the Official Gazette in this behalf from discharging any of the
duties of such employment or apply to any person specially exempted
by the Central Government from the operation of this section.
451.
Power of ship surveyor to inspect ship-- Any person holding a certificate
granted under section 449 and exercising the profession of a ship
surveyor at any port in Inida may in the execution of his duties
go on board a ship and inspect the same and every part thereof and
the machinery, equipment and cargo and may require the unloading
or removal of any cargo, ballast or tackle.
452
inquiry into cause of death on board Indian ship-- (1) If any person
dies on board a foreign going Indian ship, the proper officer at
the port where the crew of the ship is discharged, or the proper
officer at any earlier port of call in India, shall, on the arrival
of the ship at that port, inquire into the cause of death, and shall
make in the official log book an endorsement to the effect, either
that the statement of the cause of death in the book is in his opinion
tru, or the contrary, according to the result of the inquiry.
(2)
If, in the course of any such inquiry, it appears to the proper
officer that a death has been caused on board the ship by violence
or other improper means, he shall either report the matter to the
Director-General or, if the emergency of the case so requires, shall
take immediate steps for bringing the offender to trial.
453.
Certain persons deemed to be public servants-- The following persons
shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860), namely:--
(a)
every surveyor;
(b)
every judge, assessor or other person acting under Part XII;
(c)
every person appointed under this Act to report information as to
shipping casualties;
(d)
every person authorised under this Act to make any investigation
or inquiry under Part X and all persons whom he calls to his aid;
(e)
every person directed to make an investigation into an explosion
or fire on a ship under section 388;
(f)
every other officer or person appointed under this Act to perform
any functions thereunder;
454.
Powers of persons authorised to investigate, etc.-- (1) Every judge,
assessor, officer or other person who is empowered by this Act to
make an investigation or inquiry or to board, survey, inspect or
detain a ship--
(a)
may go on board any ship and inspect the same or any part thereof,
or any of the machnery, equipment or articles on board thereof,
or any certificates of the master or other officer to which the
provisions of this Act or any of the rules or regulations thereunder
apply , not unnecessarily detaining or delaying the ship from proceeding
on any voyage, and if in consequence of any accident to the ship
or for any other reason it is considered necessary so to do, may
require the ship to be taken into dock for the purpose of inspection
of survey;
(b)
may enter and inspect any premises, the entry and inspection of
which appears to be requisite for the purpose aforesaid;
(c)
may, by summons under his hand, require the attendance of all such
persons as he thinks fit to call before him and examine them for
the purpose aforesaid, and may require answers or returns to any
enquiries he thinks fit to make;
(d)
may require and enforce the production of all relevant boos, papers,
or documents;
(e)
may administer oaths or may in lieu of requiring or administering
an oath, require every person examined by him to mae and subscribe
a declaration of the truth of the statements made by him in his
examination; and
(f)
may muster the crew of any such ship.
(2) No person shall hinder or obstruct any officer or person referred
to in sub-section (1) from going on board any ship or otherwise
impede him in the execution of his duties or the exercise of his
powers under this Act.
Explanation--
In this section, “ship” includes a sailing vessel.
1[454A.
Power to prescribe alternative fittings, etc-- Where this Act requires
that a particular fitting, material, appliances or apparatus or
any type thereof shall be fitted or provided for in a ship or that
any particualr provision shall be made in a ship, the Central Government
after satisfying itself by trials or otherwise that any other fitting,
material, appliance or apparatus or type thereof or provision is
as effective as that so required, may permit by general or special
order, such other fitting, material, appliance or apparatus or type
thereof or provision to be used for provided.]
455.
Exemption of public ships, foreign and Indian-- (1) This Act shall
not, except where specially provided, apply to ships belonging to
any foreign prince or State and employed otherwise than for porfit
in the public service of the foreign prince or State.
(2)
The Central Government may, by notification in the Official Gazette
direct that the provisions of this Act or any of them shall not
apply to ships belonging to the Government or to any class of such
ships.
456.
Power to exempt-- (1) Notwithstanding anything contained in this
Act, the Central Government may, by order in writing and upon such
conditions, if any, as it may think fit to impose, exempt any ship
or sailing vessel or any master, tindal or seaman from any specified
requirement containe in or prescribed in pursuance of this Act or
dispense with the observance of any such requirement in the case
of any ship or sailing vessel or any master, tindal or seaman, if
it is satisfied that requirement has been substantially complied
with or that compliance with the requirement is or ought to be dispensed
with in the circumstances of the case.
1[Provided
that no exemption which is prohibited by the Safety Convention shall
be granted under this sub-section.]
(2)
Where an exemption is granted under sub-section (1) subject to any
conditions, a breach of any of those conditions shall, without prejudice
to any other remedy, be deemed to be an offence under this sub-section.
457.
General power to make rules-- Without prejudice to any power to
make rules contained elsewhere in this Act, the Central Government
may make rules generally to carry out the purposes of this Act.
458.
Provisions with respect to rules and regulations-- (1) All rules
and regulations made under this Act shall be published in the Official
Gazette.
(2)
In making a rule or regulation under this Act, the Central Government
may direct that a breach thereof shall be punishable--
(a)
in the case of a rule made under 2[section 331 or section 344I],
with imprisonment which may extend to two years, or with fine which
may extend to ten thousand rupees, or with both;
(b) in the case of any other rule or regulation made under any other
provision of this Act, with fine which may extend to one thousand
rupees;
and
in either case if the breach is a continuing one, with further fine
which may extend to fifty rupees for every day after the first during
which the breach continues.
3[(3)
Every rule or regulation made under this Act shall be laid as soon
as may be after it is made before such House of Parliament while
it is in session for a total period of thirty days which may be
comprised in one session or in 4[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
in making any modification in the rule or the regulation, or both
Houses agree that the rule or regulation should not be made, the
rule or regulation shall, thereafter, have effect only in such modified
form 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 rule or regulation.]
459.
Power to constitute committees to advise on rules regulations and
scales of fees-- (1) The Central Government may, if it thinks fit,
constitute one or more committees consisting of such number of persons
as it may appoint thereto representing the interests principally
affected or having special knowledge of the subject matter, for
the purpose of advising it when considering the making or alteration
of any rules, regulations or scales of fees under this Act or for
any other purpose connected with this Act.
(2)
There shall be paid to the members of any such committee such travelling
and other allowances as the Central Government may fix.
(3)
Committees may be constituted under this section to advise the Central
Government either generally as regards any rules, regulations or
scales of fees or as regards any class or classes of rules, regulations
or scales of fees in particular or for any other purpose connected
with this Act.
460.
Protection of persons acting under Acdt-- No suit or other legal
proceeding shall lie against any person for anything which is in
good faith fone or intended to be done under this Act.
1[460A. Removal of difficulties-- (1) If any difficulty arises in
giving effect to the provisions of this Act, in os far as they relate
to the Safety Convention or to the Load Line Convention or to the
convention referred to in clause (a) of section 356B, the Central
Government may, by order published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act,
as appear to it to be necessary or expedient for removing the difficulty
and giving effect to the provisions of such Convention.
Provided
that no order shall be made under this section after the expiry
of three years from the date of publication of the Merchant Shipping
(Amendment) Act, 1970 (25 of 1970), in the Official Gazette.
(2)
Every order made under this section shall be laid as soon as may
be after it is made before each House of Parliament while it is
in session for a total period of thirty days which may be comprised
in one session or in two successive sessions.]
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