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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