PART VI

Masters, mates, engineers, skippers,etc.]

75. Application of Part

75A. Definitions

76. Certificates of competency to be held officers of ships

77. When Officers deemed duly certificate

78. Grades of certificates of competency

79. Examination for, and grant of, certificates

80. Certificates of service of naval officers

81. Form of certificates

82. Record of orders affecting certificates

83. Loss of certificates

84. Production of certificates of competency to shipping master

85. Power to cancel or suspend certificate obtained false or erroneous information

86. Recognition of certificate of competency or service granted in other countries

86A.Foreign ships not to sail without certificated officers.

87. Power to make rule as grant, cancellation or suspension of certificate of competency

75. Application of Part— This part applies to—

(a) every seagoing Indian ship fitted with mechanical means of propulsion wherever it is; and

(b) every foreign ship while it is at a port or place in India.

75A.Definitions- In this part , unless the context otherwise requires-- (a) “contiguous such for the time being under Section 5 of the Territorial Waters, Continental zone” means the contiguous zone of India described, or notified as Self, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);

(b) “convention” means the International Convention on Standards of Taining, Certification and Watchkeeping for Seafarers, 1978, signed at London on the 7th day of July, 1978, as amended from time to time.

76. Certificates of competency to be held by officers of ships—

(1) Every Indian ship, other than a home-trade ship of less than two hundred tons gross engaged in coasting trade of India, when going to sea from any port of place, shall be provided with officers duly certified under this Act according to following scale, namely:--

(a) in every case, with a duly certified master;

(b) if the ship is a foreign-going ship, with a officer holding a certificate not lower than that of—

(i) first mate’;

(ii) second mate; and

(iii) navigational watchkeeeping officer;

(c) in the case of a home-trade ship, with an officer holding a certificate not lower than that of—

(i) a mate; and

(ii) a navigational watchkeeping officer.

(2) Every home-trade ship of less than two hundred tons gross and engaged in the coasting trade of India, when going to sea, shall be provided with officers duly certificated under this Act according to the following scale, namely:--

(a) with a duly certificated master; and

(b) with an officer holding a certificate not lower than that of a navigational watchkeeping officer.

(3) Every Indian ship when going to sea from any port or place shall be provided with engineers or engine drivers duly certificated under this Act according to the following scale, namey:--

(a) if the ship has a propulsion power of 3000 KW or more, with at least one marine engineer officer Class I designated as chief engineer, one marine engineer officer Class II designated as second engineer and one marine engineer officer Class IV;

(b) if the ship has a propulsion power of 750 KW or more but less than 3000 KW, with at least one marine engineer officer Class II having service endorsement on his certificate of competency in such form and manner as may be prescribed, and designated as chief engineer, one marine engineer officer Class III designated as second engineer and one marine engineer officer Class IV;

(c) if the ship has a propulsion power of 350 KW or more but less than 750 KW, with at least one marine engineer officer Class III designated as chief engineer and one marine engineer officer class IV or engine driver of a sea-going ship designated as second enginer:

(d) if the ship has a propulsion of less than 350 KW, with atleast engine driver of a sea going ship designated as engineer-in-charge.

(4) Every Indian fishing vessel when going to sea from any port or place in India, shall be provided—

(a) if the vessel is of twenty-four metres or more in length and is operating beyond the contiguous zone, with a certificated skipper Grade I and a certificated mate of a fishing vessel;

(b) if the vessel is of twenty-four metres or more in length and is operating within the contiguous zone, with a certificated skipper Grade II and a certificated mate of a fishing vessel;

(c) if the vessel is of less than twenty-four metres in length and is operating beyond the contiguous zone, with a certificated skipper Grade II and a certificated mate of a fishing vessel;

(d) if the vessel is less than twenty-four metres in length and is operating within the contiguous zone, with a certificated skipper Grade II;

(e) if the vessel has a propulsion power of 750 KW or more, with at least one engineer of a fishing vessel, who shall be designated as chief engineer and one engine driver of a fishing vessel;

(f) if the vessel has a propulsion power of 350 KW, with at least on engine driver of a fishing vessel who shall be designated as engineer-in-charge.

(g) if the vessel has a propulsion power of less than 350 KW, with at least one eingine driver of a fishing vessel who shall be designated as engineer - in - charge. (5) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.

Explanations – For the purposes of clauses (e) and (f) of sub-section (4), any person holding a certificate of competency as a marine engineer officer Class I or Class II shall be deemed to be a duly certificated engineer of a fishing vessel and for the purposes of clause

(g) of that sub-section, a person holding a certificate of competency as engine driver of a sea-going ship shall be deemed to be a duly certificated engine driver of a fishing vessel.

77. When officers deemed duly certificated— Subject to the provisions contained in section 86, an officer shall not be deemed to be duly certificated under this Act unless he holds a certificate of a grade appropriate to his station in the ship or of a higher grade granted in accordance with this Act.

78. Grades of certificates of competency— (1) Certificates of competency shall be granted in accordance with the provisions of this Act for each of the following grades, namely:--

extra Master;

master of a foreign-going ship;

first mate of a foreign-going ship;

second mate of a foreign-going ship;

master of a home-trade ship;

mate of a home-trade ship;

navigational watchkeeping officer;

extra first class engineer;

marine engineer officer class I;

marine engineer officer class II;

marine engineer officer class III

marine engineer officer class IV;

engine driver of a sea-going ship;

skipper grade I of a fishing vessel;

skipper grade II of a fishing vessel;

mate of a fishing vessel;

engineer of a fishing vessel;

engine driver of a fishing vesse;

dredger master grade I;

dredger master grade II;

dredger mate grade I;

dredger mate grade II;

dredger engineer grade I;

dredger engineer grade II;

dredger driver grade I;

dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine drivers shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) if it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watchkeeping officer . (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.

79. Examinations for and grant of certificates – (1) The Central Government or a person duly authorised by it in this behalf shall appoint persons for the purpose of examining the qualifications of persons desirous of obtaining certificates of competency under section 78. (2) The Central Government or such authorised person shall grant to every applicant, who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board ship, such a certificate of competency as the case requires. Provided that the Central Government may, in any case in which it has reason to believe that the report has been unduly, made require, before granting a certificate, a re-examination of the applicant or a further inquiry into his testimonials and character. (3) Every certificate granted under sub-section (2), shall be valid for such period as may be prescribed.

80. Section 80 has been omitted Vide Merchant Shipping (Amendment), Act, 1986 (No. 33 of 1986).

81. Form of certificates— Every certificate of competency granted under this Act shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept and recorded in the prescribed manner

82. Record of orders affecting certificates— A note of all orders made for cancelling, suspending, altering or otherwise affecting any certificate of competency, in pursuance of the powers contained in this Act, shall be entered on the copy of the certificate kept under section 81.

83. Loss of certificates— Whenever a person holding a certificate granted under this Act proves to the satisfaction of the Central Government that he has, without fault on his part, lost or been deprived of such certificate, the Central Government shall, on payment of the prescribed fee, cause a copy of the certificate, to which by the record kept in accordance with this Act he appears to be entitled, to be granted to him, and such copy shall have all the effect of the original.

84. Production of certificates of competency to shipping master—

(1) The master of a foreign-going ship or the master of a home-trade ship of two hundred tons gross or more—

(a) on signing the agreement with his crew, shall produce to the shipping master before whom the same is signed, the certificates of competnecy which the [master and mate] of the ship are by this Act required to hold;

(b) in the case of a running agreement, shall, also before the second and every subsequent voyage, produce to the shipping master the certificate of competency of any mate or engineer then first engaged by him who is required by this Act to hold a certificate.

(c) who is not required to sign the agreement with the crew, shall submit before commencing the first voyage from any port to the Mercantile Marine Department having jurisdiction over such port, a list of crew with the particulars of grades of certificates of master, mates and engineers and shall also report to that Department of any later change in the list of he crew before any subsequent voyage.

(2) Upon production of the certificates of competency, the shipping master shall, if the certificates are such as the master, mates and engineers of the ship ought to hold, give to the master a certificate to the effect that the proper certificates of competency have been so produced.

(3) The master shall, before proceeding to sea, produce the certificate given to him by the shipping master to the customs collector.

(4) No customs collector shall clear any such ship outwards without the production of such certificate; and , if any ship attempts to go to sea without a clearance, the customs collector may detain her until the certificate is produced.

85. Power to cancel or suspend certificates obtained on false or erroneous information— If it appears to the Central Government that the holder of a certificate granted under this Act has obtained it on false or erroneous information, it may cancel or suspend such certificate. Provided that no order under this section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order propose.

86. Recognition of certificates of competency granted in other countries—

(1) If provisions is made by the laws in force in any country other than India for the grant of certificates of competency similar to those referred to in this Act, and the Central Government is satisfied—

(a) that the conditions under which any such certificates are granted in that country require standards of competency not lower than those required for the grant under this Act of corresponding certificates; and (b) that certificates granted under this Act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country; the Central Government may, by notification in the Official Gazette, declare that any certificate of competency granted under the laws in force in that country and specified in that notification, shall for the purposes of this Act be recognised as equivalent to the corresponding certificate of competency granted under this Act and specified in this notification.

(2) Whenever the provisions of this Act require that a person employed in any capacity on board any ship shall be the holder of a specified certificate of competency granted under this Act, any person employed in that capacity shall, if he is the holder of a certificate recognised under sub-section (1) as equivalent to the first-mentioned certificate or to a certificate of higher grade granted under this Act, and still in force, be deemed to be duly certificated under this Act.

86A. Foreign ships not to sail without certificated officers—

(1) Every master of a foreign ship shall, before proceeding to sea from any port or place in India, ensure that the ship has the requisite number of officers and engineers of appropriate grades as specified by the Convention.

(2) A surveyor or any person authorised in this behalf by the Central Government may, at any reasonable time, go on board a ship to which any of the provisions of this Part applies for the purposes of ensuring that the officers holding certificates issued in accordance with the Convention are actually appointed and are present and satisfy himself about the adequacy of such officers for the watchkeeping duties in ports and at sea.

(3) If any report made under sub-section (2) by a surveyor or any person authorised in this behalf by the Central Government, reveals any deficiency in a foreign ship in relation to the requirements of the Convention and the Central Government is satisfied that it will be unsafe for such ship to proceed to sea, that ship may be detained by the officer authorised for this purpose till such requirements are fulfilled.

87. Power to make rules—

(1) The Central Government may make rules to carry out the provisions of this Part .

(2) In particular and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class II;

(b) the number of persons and the qulaifications they may possess for maintaing watches by a ship at sea or in any port or place;

(c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under Section 78;

(d) the qualifications to be required to persons desirous of obtaining certificates of competency for the grades falling under Section 78;

(e) the fees to be paid by applicants for examination;

(f) the period for which certificate granted under sub-section (2) of Section 79 shall be valid;

(g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded;

(h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]

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