No:SD-13/POL(5)/2001 dated 3rdMay, 2002
Subject: Guidelines on registration of Indian ships in accordance with para 1.2 of Office Memorandum No. SD-11018/1/97-MD dated 5th march, 2002 issued by Government of India, Ministry of Shipping, New Delhi
1. The guidelines on registration including provisional registration of Indian ships and recording of mortgage issued by the Director General of Shipping and ex-officio Addl. Secretary to the Government of India, in accordance with para 1.2 of Office Memorandum No. SD-11018/1/97-MD dated 15th June, 2001, as amended by Office Memorandum of even number dated 5th March, 2002, of the Ministry of Shipping, is forwarded herewith for necessary action.
2. The Director General of Shipping and ex-officio Addl. Secretary to the Government of India, exercising the powers conferred by clause (1) of Section 456 of the Merchant Shipping Act, 1958 (on the Central Government) read with notification issued by Government of India vide S.O. No. 3144 dated 17th December, 1960 delegating the said power to him and in addition to the instructions contained in Office Memorandum No. SD-11018/1/97-MD dated 15th June, 2001 and as amended by Office Memorandum of even number dated 5th March, 2002 of the Ministry of Shipping, Government of India and in pursuance thereto has now exempted the ships from the following provisions of Merchant Shipping (Registration of Indian Ships) Rules, 1960 as amended in 1966, 1970, 1994, 1997 and till date so that
(a) The requirement to obtain permission of the Director General of Shipping to register a ship, if a ship is built in shipyard other than an Indian Shipyard as required vide clause (d) of Rule 3 of Merchant Shipping (Registration of Indian Ships) Rules, 1960 as amended in 1994, has been exempted and is no longer necessary.
(b) The requirement for the ship to be surveyed, tonnage measured and certificate of survey granted exclusively by a surveyor, in accordance with Rules 5 and 9 of Merchant Shipping (Registration of Indian Ships) Rules, 1960, has been modified. Classification surveyor has also been authorized to certify the Carving and Marking Note in addition to surveyors. Rule 9 of Merchant Shipping (Registration of Indian Ships) Rules, 1960 may be read accordingly. 2
(c) The Registrar of Indian ships is required to open a page in the Register on provisional registration of an Indian ship. Entering the mortgage in the Register is permitted on provisional registry of Ship. Rule 12 of Merchant Shipping (Registration of Indian Ships) Rules, 1960, may be read accordingly.
(d) The requirement to register the mortgage with the Registrar of Companies prior to registering the mortgage or entering the discharge in the Register as stipulated in Rule 28 of Merchant Shipping (Registration of Indian Ships) Rules, 1960 has been exempted. (e) Fee for registration of mortgage will be limited to Rs. 500/- on second and subsequent ships where the same mortgage is registered on more than one ship. Rule 39 (Sl. 3 of Schedule 2) may be read accordingly.
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