PART VIII

Survey of Passenger ship

219. Application of Part220. No ship to carry passengers without a certificate of survey

221. Power of surveyor

222. Fees in respect of survey

223. Declaration of survey

224. Sending of declaration by owner, agent or master to Central Government

225. Grant of certificate of survey by Central Government

226. Power of central Government to Order a second survey

227. Duration of certificates of survey

228. Cancellation or suspension of certificate of survey by Central Government

229. Alterations in ships subsequent to grant of certificate of survey and additional surveys

230. Power to require delivery of expired or cancelled certificate of survey

231. Certificate of survey to be affixed in conspicuous part of ship

232. Ship not to carry passengers in contravention of Act

Keeping order in passenger ship

233. Offences in connection with passenger ships

234. Power to exclude drunken passengers from passenger ship

235. Ships with certificates of survey or certificate of partial survey granted outside India.

236. Power to make rules as to surveys

Special trade passenger ships and pilgrim ships

237. Ports or places where special trade passengers or pilgrims may embark or be discharged

238. Notice to be given of day of sailing

239. Power to enter on and inspect ship

240. Ship not to sail without certificates A and B

241. Contents of certificate A

242. Contents of certificate B

243. Officers entitled to grant certificates

244. Survey of ship

245. Discretion as to grant of certificate B

246. Copy of certificate A to be exhibited

247. Special trade passengers or pilgrims to be supplied with prescribed provisions

248. Number of passengers on board not to exceed that allowed by or under this part

249. Special trade Passenger or Pilgrim not to be landed at a place other than that at which he has contracted to land

250. Forwarding of passengers by Indian consular officers

251. Recovery of expenses incurred in forwarding passengers

252. Ship not to make voyage in contravention of contract

253. Information to be sent to ports of embarkation and discharge

254. Reports, etc. under section 253 to be admissible in evidence

255. Destination of ship, time of sailing, etc., to be advertised

256. Ship taking additional passengers at intermediate place

257. Statements concerning passengers

258. Death of special trade passengers on voyage

259. Certain ships to carry medical officer and attendants

260. Bringing passengers from foreign port in excess of authorisednumber prohibited

261. Passenger welfare chess

261A. Bunks to be provided for passengers

261B. Space to be provided for passengers when bunks are not provided

261C. Airing space to be provided for passengers.

262. Power to make rule as special trade passenger ship

263. [Repealed.]

264. Hospital accommodation

265. [Repealed.]

266. [Repealed.]

267. [Repealed.]

268. [Repealed.]

269. [Repealed.]

270. Bond where pilgrim ship proceeds on outward voyage

271. Medical inspection and permission required before embarkation of pilgrims

272. Medical Inspection after embarkation in certain cases

273. Pilgrims to arrange return passages

274. Issue or production of tickets

275. Refund of passage money and deposits

276. Disposal of unclaimed passage money and deposit

277. Cost of return journey of pilgrims on ship other than those for which return ticket is available

278. [Repealed.]

279. Compensation for delay in sailing

280. Substitution of ships

281. Sanitary taxes payable by master of pilgrim ship

282. Power to make rules relating to pilgrim ships

219. Application of Part-- This part applies only to sea-going passenger ships fitted with mechanical means of propulsion but the provisions of this Part relating to [special trade passenger ships] shall not apply--

(a) to any such ship not carrying more than thirty [special trade passengers]; or

(b) to any such ship not intended to carry [special trade passengers] to or from any port or place in India.

220. No ship to carry passengers without a certificate of survey--

(1) No ship shall carry more than twelve passengers between ports or places in India or to or from any port or place in India from or to any port or place outside India, unless she has a certificate of survey under this Part in force and applicable to be voyage on which she is about to proceed or the service on which she is about to be employed.

Provided that nothing in this section shall apply to any ship which has been granted a certificate under section 235, unless it appears from the certificate that it is inapplicable to the voyage on which the ship is about to proceed or the service on which she is about to be employed, or unless there is reason to beleive that the ship has, since the grant of the certificate, sustained injury or damage or been found unseaworthy or otherwise inefficent.

(2) No customs collector shall grant a port clearance, nor shall any pilot be assigned, to any ship for which certificate of survey is required by this Part until after the production by the owner, agent or master thereof of a certificate under this Part in force and applicable to the voyage on which she is about to proceed for the service on which she is about to be employed.

(3) If any ship for which a certificate of survey is required by this Part leaves or attempts to leave any port of survey without a certificate, any customs collector or any pilot on board the ship may detain her until she obtains a certificate.

221. Power of surveyor-- (1) The owner or agent of every passenger ship for which a certificate of survey is required under this Part shall cause it to be surveyed in the prescribed manner.

(2) For the purpose of a sruvey under this Part, a surveyor may, at any reasonable time, go on board a ship, and may inspect the ship and any part thereof, and the machinery, equipment or articles on board thereof.

Provided tht he does not unnecessarily hinder the loading or unloading of the ship, or unnecessarily detain or delay her from proceeding on any voyage.

(3) The owner, agent, master and every officer of the ship shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the ship and her machinery and equipment, or any port thereof, respectively, as the surveyor reasonably requires.

222. Fees in respect of sruvey-- Before a survey under this Part is commenced, the owner, agent or master of the ship to be surveyed shall pay to such officer as the Central Government may appoint in this behalf--

(a) a fee calculated on the tonnage of the ship according to the prescribed rates;

(b) when the survey is to be made in any port of survey other than Bombay, Calcutta or Madras, such additional fee, in respect of the expense (if any) of the journey of the surveyor to the port as the Central Government may by order direct.

223. Declaration of survey-- When a survey under this Part is completed, the surveyor making it shall forthwith, if satisfied that he can with propriety do so, deliver to the owner, agent or master of the ship surveyed a declaration of survey in the prescribed form containing the following particulars, namely:--

(a) that the hull and machinery of the ship are sufficient for the service intended and in good condition;

(B) that the equipment of the ship is in such condition and that the certificates of the master, mates, engineers or engine-drivers and of the radio telegraphy operators, are such, as are required by this Act or any other law for the time being in force and applicable to the ship;

(c) the time ( if less than one year ) for which the hull, machinery and equipment of the ship will be sufficient;

(d) the voyages or class or voyages on which, as regards construction macinery and equipment, the ship is in the surveyor’s opinion fit to ply;

(e) the number of passengers which the ship is, in the opinion of the surveyor, fit to carry, distinguishing, if necessary; between the respective numbers to be carried on the deck and in the cabins and in different parts of the deck and cabins; the number to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances as the case requires; and

(f) any other prescribed particulars.

224. Sending of declaration by owner, agent or master to Central Government-- (1) The owner, agent or master to whom a declaraton of survey is given shall, within fourteen days after, the date of the receipt thereof, send the declaration to such officer as the Central Government may appoint in this behalf.

(2) If the owner, agent or master face to do so he shall forefeite a sum not exceeding Rs.5 for every day during which the sending of the declaration is delayed and shall pay any sum so forefeited on the delivery of the certificate of service.

225. Grant of certificate of survey by Central Government-- (1) Upon receipt of a declaration of survey, the Central Government shall, if safisfied that the provisions of this Part have been complied with, cause a certificate, in duplicate, to be prepared and delivered, through such officer at the port at which the ship was surveyed as the Central Government may appoint in this behalf, to the owner, agent or master of the ship surveyed, on his applying and paying the sums (if any) mentioned in section 224 as payable on the deliver of a certificate.

(2) A certificate granted under this section shall be in the prescribed form; shall contain a statement to the effect that the provisions of this Part with respect to the survey of the ship and the transmission of the declaration of survey in respect thereof have been complied with; and shall also set forth--

(a) the particulars concerning the ship which clauses (c), (d) and (e) of section 223 require the declaration of survey to contain; and

(b) any other prescribed particulars.

226. Power of Central Government to order a second survey-- (1) If a surveyor making a survey under this Part refuses to give a declaration of survey under section 223 with regard to any ship, or gives a declaration with which the owner or agent or master of the ship sureyed is dissatisfied, the Central Government may, on the application of the owner, agent or master, and the payment by him of such fee, not exceeding twice the amount of the fee for the previous survey, as the Central Government may require, direct any other surveyor to survey the ship.

(2) The surveyor so directed shall forthwith survey the ship, and may, after the survey, either refuse to give a declaration or give such declaration as under the circumstances seems to him proper, and his decision shall, save as otherwise provided in this Act, be final.

227. Duration of certificates of survey-- (1) A certificate of survey granted under this Part shall not be in force :

(a) after the expiration of one year from the date of issue; or

(b) after the expiration of the period, if less than one year, for which the hull, boilers, engines or any of the equipment have been stated in the certificate to be sufficient; or

(c) after notice has been given by the Central Government to the owner, agent or master of the ship to which the certificate relates that the Central Government has cancelled or suspended it.

(2) If a passenger ship is absent from India at the time when her certificate expires, the provisions of this Part relating to certificate of survey shall not be deemed to be contravened unless she first begins to ply with passengers after her next return to India.

228. Cancellation or suspension of certificate of survey by Central Government -- (1) Any certificate of survey granted under this Part may becancelled or suspended by the Central Government if it has reason to believe-

(a) that the declaration by the surveyor of the sufficiency of the hull, boilers, engines or any of the equipment of the ship has been fraudulently or erroneously made; or

(b) that the certificate has otherwise been issued upon false or erroneous information.

(2) Before any certificate of survey is cancelled or suspended under sub-section (1), the holder of the certificate shall be given a reasonable opportunity of showing cause why the certificate should not be cancelled or suspended, as the case may be.

Provided that this sub-section shall not apply where the Cenral Government is satisfied that for some reason to be recorded in writing it is not reasonably practicable to give to the holder of the certificate an opportunity of showing cause.

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