PART IX Safety

283. Countries to which Load Line Convention applies

284. Construction rules

Prevention of Collisions

285. Collision regulations

286. Observance of collision regulations

287. Inspectors of lights and shapes and fog and distress signals

Life Saving appliances and fire appliance

288. Power to make rules as to life saving appliance

289. Rules relating to fire appliance

290. Inspection of life saving appliance and fire appliance

Installation of radio telegraphy, radio telephony and direction finders

291. Radio requirements

292. Radio direction finding apparatus

293. Radio log

294. Power of radio inspectors

295. Application of this part to ship other than Indian ships

296. Power to make rules

Signaling lamps

297. Signaling lamps

Stability information

298. Information about ships stability

Safety certificate, safety equipment certificates, safety radio telegraphy

Certificates, safety radio telephony certificates, exemption certificate, etc.

299. Safety certificate and qualified safety certificate for passenger ships

299A.Safety construction certificates and construction certificates for cargo ships

299B. Power to make rules

300. Cargo ship safety equipment and cargo ship equipment certificate for ships other than passenger ships

301. Cargo ship radio telegraphy and telephony certificates

302. Exemption certificates

303. Duration of certificates

304. Modification of safety convention certificates as respects life saving appliances

305. Recognition of certificates issued outside India

306. Issue of certificate to foreign ships in India and Indian ships in foreign countries

307. Prohibition on proceeding to sea without certificates

308. Production of certificates by ships other than Indian ships

309. Application of certain sections to certificates

309A. Alteration pending issue of a safety convention certificate

Load Lines

310. Ship exempt from provision relating to load lines

311. Power to make rules as to load lines

312. Marking of deck line and load line

312 A.Alteration after survey

313. Submersion of load lines

314. Maintenance of load line marks

315. Inspection of ship with respect to load lines

Load Line certificates

316. Issue of load line certificates and effect thereof

317. Duration and cancellation of certificates

318. Ship not proceed to sea without certificate

319. Publication of load line certificate and particulars relating to depth of loading

320. Insertion of particulars as to load lines in agreements with crew

Special provision as to ship other Indian ships

321. Issue of load line certificates to foreign ship in India and Indian ships in foreign countries

322. Recognition of load line certificates and international load line exemption certificates issued outside India

323. Inspection and control of Load Line Convention ship other than Indian ships

324. Certificate of Load Line Convention ship other than Indian ship to be produced to customs

325. Marking of deck line and load line of ship other than Indian ships

326. Submersion of load line of ship other than Indian ship

327. Inspection of ships other than Indian ships belonging to non-Convention countries

328. Load line certificates and international load line exemption certificate of ship other than Indian ships

329. Certificates to be produced to customs by ships other than Indian ship registered in non-Convention countries

Loading of timber

330. Power to make rules as to timber cargo

Dangerous goods and grain cargoes

331. Carriage of dangerous goods

331A. Grain-loading plan

332. Carriage of grain

Sub-division load lines

333. Submersion of sub-division load lines in case of passenger ship

Unseaworthy ship

334. Unseaworthy ship not to be sent to sea

335. Obligation of owner to crew with respect to seaworthiness

Detention of unsafe ships by the Central Government

336. Power to detain unsafe ship and procedure for detention

Cost of detention and damages incidental thereto

337. Liability of Central Government for costs and damage when ship wrongly detained

338. Liability of shipping owners for cost when ship rightly detained

339 Method of calculating costs of detention and survey

340. Power to require from complainant security for costs, etc.

341. Coasts, etc. payable by Central Government recoverable from complainant

342. Application to ships other than Indian ships of provisions as to detention

343. Exemption of ships from certain provisions of this part

344. Power to make rules respecting certificate under this PartItion

283. Countries to which Load Line Convention or Safety Convention applies- The Central Government, if satisfied,--

(a) that the Government of anycountry has accepted or denounced the Load Line convention or, as the case may be, the Safety convention; or

(b) that the Load Line Convention or, as the case may be, the Safety Convention extends, or has ceased to extend to any territory;

may, by notification in the Official Gazette, make a declaration to that effect. * * * * * * * * * * *

[283A. Definations -- (1) In this Part, unless the context otherwise requires--

(a) “existing ship” or “existing vessel” means a ship or vessel which is not a new ship or a new vessel,

(b) “new ship” or “new vessel” means a ship or vessel whose keel is laid or which is at a similar stage of construction on or after the material date as defined in sub-section (2).

(2) For the purposes of sub-section (1) “material date”,--

(i) in relation to an Indian ship, means the 21st July, 1968;

(ii) in relation to a foreign ship belonging to a country to which the Load Line Convention applies, means the date as from which it is declared under section 283 that the Government of such country has accepted the Load Lines Convention or, as the case may be, that the said Convention has been applied to such country.]

284. Construction rules-- (1) The Central Government may make rules (in this Act called the construction rules), prescribing the requirements that the hull, equipment and machinery of Indian 1[passenger or cargo ships] shall comply with,

(2) The rules made under sub-section (1) shall include such requirements as appear to the Central Government to implement the provisions of the Safety Convention prescribing the requirements that the hull, equipment and machinery of [passenger or cargo ships] shall comply with, except so far as those provisions are implemented by the rules for life saving appliances, the radio rules, the rules for direction finders or the collision regulations.Provided that different requirements may be specified for special trade passenger ships.

(3) The powers conferred on the Central Government by this section shall be in addition to the power conferred by any other provision enabling it to prescribe the requirements that [passenger or cargo ships] shall comply with.

Prevention of collisions

285. Collision regulations-- (1) The Central Government may make regulations for the prevention of collisons at sea, and may thereby regulate the lights and shapes to be carried and exhibited, the fog and distress signals to be carried and used, and the steering and sailing rules to be observed by Indian ships and sailing vessels registered in India.

(2) The collision regulations, together with the provisions of this Part relating thereto or otherwise relating to collisions, shall be observed by all foreign ships and sailing vessels within Indian jurisdiction, and in any case arising in any court in India concerning matters arising within Indian jurisdiction, such ships and sailing vessels shall, so far as respects the collision regulations and the said provisions of this Act, be treated as if they were Indian ships or sailing vessels registered in India, as the case may be.

286. Observance of collision regulations-- (1) The owner or master of every ship and the owner or tindal of every sailing vessel to which section 285 applies shall obey the collision regulations, and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than those required by the said regulations.

(2) If any damage to person or property arises from the non-observance by any such ship or sailing vessel of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary.

287. Inspectors of lights and shapes and fog and distress signals-- (1) The Central Government may appoint persons to inspect in any port ships or sailing vessels to which the collision regulations apply, for the purpose of seeing that such ships or sailing vessels are properly provided with lights and shapes and with the means of making fog and distress signals, in pursuance of such regulations.

(2) If an inspector appointed under sub-section (1) finds that any ship or sailing vessel is not so provided, he shall give to the owner, master or tindal, notice in writing pointing out the deficiency, and also what, in his opinion, is requisite in order to remedy the same.

(3) Every notice so given shall be communicated in the prescribed manner to the customs collector at any port from which such ship or sailing vessel may seek to clear; and no customs collector to whom such communication is made shall grant such ship a port clearance or allow her to proceed to sea without a certificate under the hand of some person appointed as aforesaid, to the effect that the said ship or sailing vessel is properly provided with lights and shapes and with the means of making fog and distress signals in pursuance of the said regulations.

Life saving appliances and fire appliances

288. Power to make rules as to life saving appliances-- (1) The Central Government may, subject to the condition of previous publication, make rules prescribing the life saving appliances to be carried by every Indian ship going to sea from any port or place in India.

(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, namely:-

(a) the arranging of ships into classes, having regard to the services in which they are employed, the nature and duration of the voyage and the number of persons carried;

(b) the number, description and mode of construction of the boats, liferafts, line throwing appliances, life-jackets and life-buoys to be carried by ships according to the classes in which the ships are arranged;

(c) the equipment to be carried by any such boats and rafts and the method to be provided to get the boats and other life saving appliances into the water, including oil for use in stormy weather;

(d) the provision in ships of a proper supply of lights inextinguishable in water and fitted for attachment to life-buoys;

(e) the quantity, quality and description of buoyant apparatus to be carried on board ships either in addition to or in substitution for boats, life-rafts, life-jackets and life-buoys;

(f) the position and means of securing the boats, life-rafts,life-jackets, life-buoys and buoyant apparatus;

(g) the marking of boats, life-rafts. and buoyant apparatus so as to show their dimensions and the number of persons authorised to be carried on them;

(h) the meaning of life-boats and qualifications and certificates of lift-boatmen;

1[(hh) the training of crew in launching and using life-rafts;]

(i) the provision to be made for mustering the persons on board and for embarking them in the [boats or rafts] (including provision for the lighting of, and the means of ingress to and egress from, different parts of the ship);

(j) the provision of suitable means situated outside the engine room whereby any discharge of water into the [boats or rafts] can be prevented;

(k) the assignment of specific duties to each member of the crew in case of emergency;

(l) the manner in which a notice given under section 287 or section 290 shall be communicated to the customs collector;

(m) the practice in ships of boat drills, and fire drills;

(n) the provision in the ships of means of making effective distress signals by day and by night;

(o) the provision in ships, engaged on voyages in which pilots are likely to be embarked, of suitable pilot ladders, and or ropes, lights and other appliances designed to make the use of such ladders safe;

(p) the periodical examination of any appliances or equipment required by any rules made under this Act to be carried by ships; and

(q) the fees to be charged for the grant of any certificate under sub-section (3) of section 290.

289. Rules relating to fire appliances-- The Central Government may make rules prescribing the methods to be adopted and the appliances to be carried by every Indian ship going to sea from any port or place in India for the prevention, detection and extinction of fire on the ship (hereinafter referred to as fire appliances).

290. Inspection of life saving appliances and fire appliances-- (1) A surveyor may, at any reasonable time, inspect any ship for the purpose of seeing that she is properly provided with life saving and fire appliances in conformity with the rules made under this Act..

(2) If the said surveyor finds that the ship is not so provided he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.

(3) Every notice so given shall be communicated in the prescribed manner to the customs, collector of any port at which the ship may seek to obtain a clearance and the ship shall be detained until a certificate signed by such surveyor is produced to the effect that the ship is properly provided with life saving and fire appliances in conformity with the said rules.

Installation of radio telegraphy, radio telephony and direction finders

291. Radio requirements-- [(1) Every Indian passenger ship and every Indian cargo ship of three hundred tons gross tonnage or more, shall in accordance with the rules made under section 296, be provided with a radio installation and shall maintain a radio telegraph service or a radio telephone service of the prescribed nature and shall be provided with such certificated operators as may be prescribed].

(2) The radio instasllation required under the said rules to be provided for a passenger ship or for [any cargo ship of sixteen hundred tons gross or more shall be a radio telegraph installation; and that required to be provided for a cargo ship of less than sixteen hundred tonns gross] shall be either a radio telegraph installation or a radio telephone installation at the option of the owner.

3[(3) The Central Government may, having regard to the length of the voyage or voyages on which a ship or a class of ships is engaged and the maximum distance such ship or class of ships will be from the shore during such voyage or voyages, exempt by order in writing and subject to such conditions and restrictions as may be specified therein, any ship or class of ships from compliance with all or any ot the obligations imposed by or under this section, if that Government is satisfied that such compliance would be unreasonable or unnecessary.

Provided that an exemption from the obligation to provide with radio telegraph installation in respect of any passenger ship or in respect of any cargo ship of sixteen hundred tons gross tonnage or more shall be subject to the condition that she shall have on board a radio telephone installation.

Provided further that no exemption shall be granted under this section, if it will have an adverse effect on the general efficiency of the distress service for the safety of ships.]

292. Radio direction finding apparatus-- [(1) Every Indian ship of sixteen hundred tons gross or more shall be provided with a radio direction finder of the prescribed description.

[(2) The Central Government may, by order in writing and subject to such conditions and restrictions as may be specified therein, exempt any ship under five thousand tons gross tonnage from the obligation imposed by sub-section (1), if that Government is satisfied, having regard to the area or areas in which the ship is engaged on a voyage or voyages and the value of radio direction finder as a navigational instrument and as an aid to locating ships, aircraft or survival craft, that such compliance would be unreasonable or unnecessary.

293. Radio leg-- (1) Every ship compulsorily equipped under the provisions of section 291 with a radio telegraph or radio telephone installation shall maintain in the radio telegraph or radio telephone room a radio log in which shall be entered such particulars relating to the operation of the radio telegraph or radio telephone installation and as to the maintenance of the radio telegraph or radio telephone service as may be prescribed.

(2) The provisions of section 215 shall apply to the radio log kept under this section as if it were an official log.

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