PART XIV Control Or Indian Ships And Ships Engaged In Coasting Trade

405. Application of Part-- This part applies only to sea-going ships fitted with mechanical means of propulsion of not less than one hundred and fifty tons gross; but the Central Government may, by notification in the Official Gazette, fix any lower tonnage for the purpose of this Part.

406. Indian ships and Chartered ships to be licensed-- (1) No Indian ships and no other ship chartered by a citizen of India or a company [or a co-operative society] shall be taken to sea from a port or place within or outside India except under a licence granted by the Director-General under this section.

Provided that the Central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the Official Gazette, exempt any class of ships chartered by a citizen of India or a company [or a co-operative society] from the provisions of this sub-section.

(2) A licence granted under this section may be--

(a) a general licence;

(b) a licence for the whole or any part of the coasting trade of India; or

(c) a licence for a specified period or voyage.

(3) A licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the Director -General.

407. Licensing of ships for coasting trade-- (1) No ships other than an Indian ship or a ship chartered by a citizen of India [or a company or a co-operative society which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21], shall engage in the coasting trade of India except under a licence granted by the Director-General under this section.

(2) A licence granted under this section may be for a specified period or voyage and shall be subject to such conditions as may be specified by the Director-General.

(3) The Central Government may, by general or special order, direct that the provisions of sub-section (1) shall not apply in respect of any part of the coasting trade of India or shall apply subject to such conditions and restrictions as may be specified in the order.

408. Revocation or modification of licence-- (1) The Director-General may, at any time if the circumstances of the case so require, revoke or modify a licence granted under section 406 or section 407.

(2) No licence shall be revoked or modified under this section unless the perosn concerned has been given a reasonable opportunity of making a representation against such revocation or modification, as the case may be.

409. License to be surrendered when they cease to be valid-- When a licence under section 406 or section 407 ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or cause it to be returned to the Director-General.

410. No port clearance until licence to produced-- No customs collective shall grant a port clearance to a ship in respect of which a licence is required under this Part until after pproduction by the owner, master or agent of such a licence.

411. Power to give directions-- The Director-General may, if he is satisfied that in the public interest or in the interests of Indian shipping it is necessary so to do, give, by order in writing, such directions as he thinks fit--

(a) in the case of a ship which has been granted a licence under section 406, with respect to all or any of the following matters:--

(i) the ports or places, whether in or outside India, to which, and the routes by which, the ship shall proceed for any particular purpose;

(ii) the diversion of any ship from one route to another for any particular purpose;

(iii) the classes of passengers or cargo which may be carried in the ship;

(iv) the order of priority in which passengers or cargo may be taken on or put off the ship at any port or place, whether in or outside India;

(b) in the case of a ship which has been granted a licence under section 407 with respect to the order of priority in which passengers or cargo may be taken on the ship at any port or place in India from which she is about to proceed for any port or place on the continent of India at which she is to call in the course of her voyage.

[411A. Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention-- (1) If it appears to the Central Government--

(a) t hat measures have been taken by or under the law of any foreign country for regulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage; and

(b) that such measures, in so far as they apply to things done to be done outside the territorial jurisdiction of the country by persons carrying on lawful business in India, constitute an infringement of the hurisdiction which belongs to India.

It may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order.

(2) Where an order issued under sub-section (1) is in force in relation to any measures, it shall be the duty of every person in India who carries on business consisting or comprising of the carriage of goods or passengers by sea to give notice to the Central Government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures so far as this section applies to him, including any requirement to submit any contract or other document for approval thereunder.

(3) Where a notice under sub-section (2) is received from any person or there are grounds to believe that a notice is likely to be received, the Central Government may, by an order in writing, give to such person directions prohibiting compliance with any such requirement or prohibition as it considers prooper for maintaining the jurisdiction of India.

(4) Any directions given by the Central Government under sub-section (3) may be either general or special and may prohibit compliance with any requirement or prohibition either absolutely or in such cases or subject to such conditions, as to consent or otherwise, as may be specified in the order.

(5) If it appears to the Central Government that any person in India has been or may be required to produce or furnish to any court, tribunal or authority of a foreign country any commercial document which is not within the territorial jurisdiction of that country or any commercial information to be complied from documents not within the territorial jurisdiction of that country and that the requirement constitutes or would constitute or would constitute an infringement of the jurisdiction which belongs to India, the Central Government may, by an order in writing, give directions to that person, prohibiting him from complying with the requirement except to such extent or subject to such conditions as may be specified in the order.] * * * * * * * * * * *

413. Power of Director-General to call for information-- The Director- General may, by notice, require--

(a) the owner, mastr or agent of any ship in respect of which a licence granted by the Director-General under this Act is in force; or

(b) the owner, master or agent of any ship in respect of which any directions have been or may be given under clause (b) of section 411; to furnish within the period specified in the notice information as to--

(i) the classes of passengers and cargo which the ship is about to cary or is capable of carrying or has carried during any specified period;

(ii) the rates of passengers fares and freight charges applicable to the ship;

(iii) any other matter which may be prescribed.

414. Power to make rules-- (1) The Central Government may make rules for carrying out the purposes of this Part.

(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 form in which, the period or voyage for which, and the conditions subject to which licences under this Part may be granted, the particulars to be included therein and the fees payable therefor;

(b) and (c) ommitted by the Act 68 of 1993* * * * * ** * * * *

(d) the matters regarding which information may be required to be furnished under section 413

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