Merchant Shipping (Management for the Safe Operation of Ships) Amendment Rules, 2003

MINISTRY OF SHIPPING

(Shipping Wing)

New Delhi, the 28th April, 2003

            G.S.R. 196.---In exercise of the powers conferred by Section 457 of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby makes the following rules further to amend the Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000. 

            1.         (1)        These rules may be called the Merchant Shipping (Management for the Safe Operation of Ships) Amendment Rules, 2003. 

                        (2)        They shall come into force from the date of their publication in the official gazette. 

            2.         In the said rules, in rule 2, clause (k) and (u) may be replaced as follows:- 

            "Rules 2(k): "Document of Compliance" means a Certificate of Compliance issued by an officer authorized by the Director General of Shipping, who is not below the rank of Deputy Chief Surveyor with Government of India. 

            Rule 2(u): "Safety Management Certificate" means a Certificate issued by an officer authorized by the Director General of Shipping, who is not below the rank of Deputy Chief Surveyor with Government of India to ship which signifies that the Company and its shipboard management operate in accordance with the Safety Management System:. 

            (1)        The Central Government shall verify compliance by the company with the requirements of the International Safety Management Code by determining that the Safety Management Systems ensures that the following objectives are achieved, namely:-- 

(i)         There is compliance with mandatory Rules and regulations concerning safety and pollution prevention gazetted under provisions of Merchant Shipping Act, 1958; and 

(ii)         The applicable Codes, guidelines and standards recommended by the Organization, the Central Government, Classification Societies and maritime industry organization are taken into account. 

            4.         In the said rules, in rule 4, clause (a) may be merged with Rule 4, as follows: 

(i)         ensuring safety at sea, prevention of human injury or loss of life, and avoidance of damage to the environment, in particular to the marine environment and to property;

(ii)         providing safe practices in ship operation and a safe working environment;

(iii)        establishing safeguards against all identified risks; and

(iv)        improving safety management skills of personnel ashore and on board ship, including preparing for emergencies related both to safety and environment protection." 

            5.         In the said rules, in rule 5 after sub-rule (2), after clause (c), following clause shall be added, namely:-- 

"(d)The ship types indicated on the Document of Compliance and the Interim Document of Compliance may be endorsed to reflect any limitations in the operations of the ships described in the safety management system." 

            6.         In the said rules, in rule 5, the sub-rule (5) may be replaced as follows:- 

(5)A copy of the Document of Compliance, to be placed on board in order that the Master can produce it on request for verification.  The copy of the Document is not required to be authenticated or certified." 

            7.         In the said rules, in rule 6(2), after clause(a) and (b), following clause shall be added, namely:-- 

"(c)When a ship changes flag." Also followings to be added in 6(2) as new para.                       

"An interim Safety Management Certificate may be issued  following verification that-- 

(i)the Document of Compliance, or the interim Document of Compliance is relevant to the ship concerned;           

(ii)the safety management system provided by the company for the ship concerned includes key elements of this code and has been assessed during the audit for issuance of the Interim Document of Compliance or demonstrated for issuance of the Interim Document of Compliance; 

(iii)the company has planned the audit of the ship within three months; 

(iv)the master and officers are familiar with the Safety Management System and the planned arrangements for its implementation; 

(v)instructions, which have been identified as being essential are provided prior to sailing;and 

(vi)relevant information on the Safety Management System has been given in working language or languages understood by the ship's  personnel." 

8.         In the said rules, in rule 8(2), after clause (a), (b) and (c), following clause shall be added, namely:- 

            "(d) additional verification." 

9.         In the said rules, for the form of "Interim Safety Management Certificate" the following form shall be substituted, namely:-- 

 

INTERIM SAFETY MANAGEMENT CERTIFICATE

 

Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended Under the authority of the Government of India 

Name of Ship: 

Distinctive Number or letters: 

Port of Registry: 

Type of Ship*: 

Gross Tonnage: 

IMO Number: 

Name and Address of Company: 

This is to certify that the requirements of paragraph 14.4 of the ISM Code have been met and that the Document of compliance/Interim Document of Compliance** of the Company is relevant to the ship. 

 

            This Interim Safety Management Certificate is valid until………………………

subject to the Document of Compliance/Interim Document of Compliance** remaining valid.

 

Issued at 

Date of issue

Certificate No.                                                            ……………………….…………………………
                                                                                     Chief Surveyor with the Govt. of India
                                                                                         Directorate General of Shipping

                                                                                                                Mumbai
 

(Seal or stamp of issuing authority)                                 

_____________________________________________________________________________________

*Insert the type of ship from among the following : Passenger Ship: Passenger High-Speed Craft: Cargo High-Speed Craft: Bulk Carrier: Oil Tanker: Chemical Tanker: Gas Carrier: Mobile Offshore Drilling Unit: Other Cargo Ship. 

**Delete as appropriate

            The validity of this Interim Safety Management Certificate is extended to.............................
………………………..

Date of extension………………                                                ………………………………

Chief Surveyor with the Govt. of India Directorate General of Shipping, Mumbai 

 

(Seal or stamp of the issuing authority) 

            10.        In the said rules, for the form of **Interim Document of Compliance" the following form shall be substituted namely :- 

"INTERIM DOCUMENT OF COMPLIANCE" 

Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended

Under the authority of the Government of India 

Name and Address of the Company: 

            THIS IS TO CERTIFY THAT the safety management system of the Company has been recognized as meeting the objectives of paragraph 1.2.3 of the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) for the type(s) of ships listed below (Delete as appropriate)                                    

                                    Passenger ship
                                    Passenger high-speed craft
                                    Cargo high-speed craft
                                    Bulk carrier
                                    Oil tanker
                                    Chemical tanker
                                    Gas carrier
                                    Mobile offshore drilling unit
                                    Other cargo ship 
  

This Interim Document of Compliance is valid until…………….. 

Issued at 

Date of issue  

Certificate No.                                                          

                                                                                    ……………………….…………………………
                                                                                     Chief Surveyor with the Govt. of India
                                                                                         Directorate General of Shipping

                                                                                                                Mumbai
 

(Seal or stamp of issuing authority) 

            11.        In the said rules, for the form of "Safety Management Certificate" the following form shall be substituted, namely :-- 

"SAFETY MANAGEMENT CERTIFICATE" 

Issued under the provisions of the International Convention for the Safety of Life Sea, 1974 as amended

 Under the authority of the Government of India 

Name of Ship: 

Distinctive Number or Letters: 

Port of Registry: 

Type of ship*: 

Gross Tonnage: 

IMO Number: 

Name and Address of Company: 

            THIS IS TO CERTIFY THAT the Safety Management System of the ship has been audited and that it complies with the requirements of the International Management Code for the Safe Operation of ships and for Pollution Prevention (ISM Code), following verification that the Document of Compliance for the Company is application to this type of ship.
_____________________________________________________________________________________

*Insert the type of ship from among the following : Passenger Ship: Passenger High-Speed Craft: Cargo High-Speed Craft: Bulk Carrier: Oil Tanker: Chemical Tanker: Gas Carrier: Mobile Offshore Drilling Unit: Other Cargo Ship. 

            This Safety Management Certificate is valid until…………………. subject to periodical verification and the Document of Compliance remaining valid. 

Issued at 

Date of issue

Certificate No.                                                          

                                                                                    ……………………….…………………………
                                                                                     Chief Surveyor with the Govt. of India
                                                                                         Directorate General of Shipping

                                                                                                                Mumbai
 

(Seal or stamp of issuing authority)  

Certificate No.                       

Endorsement of Periodical Verification and Additional Verification (if required) 

            THIS IS TO CERTIFY THAT at the periodical verification in accordance regulation IX/6.1 of the Convention and paragraph 13.8 of the ISM Code, the Safety Management System was found to comply with the requirements of the ISM Code. 

Intermediate Verification                           Signed………………………………
(to be completed between second and     (signature of the authorized official)
third anniversary date)                          
                                                             Place……………………………….. 

                                                            Date…………………………………

             (Stamp)

                                                                                         Signed………………….............          
Additional Verification*                                                      (signature of the authorized official)
 

                                                                                               Place……………………………….. 

                                                                                               Date…………………………………
 

   (Stamp)                                                                         Signed………………….............          
Additional Verification*                                                      (signature of the authorized official)
 

                                                                                               Place……………………………….. 

                                                                                               Date…………………………………
 

   (Stamp)                                                                        Signed………………….............          
Additional Verification*                                                      (signature of the authorized official)
 

                                                                                               Place……………………………….. 

                                                                                               Date…………………………………
 

(Stamp)
____________________________________________________________________________________

*If applicable. Reference is made to the relevant provisions of section 3.2 "Initial verification" of the Revised Guidelines on Implementation of the International Safety Management (ISM) Code by Administrations adopted by the Organisation by Resolution A 9.13(22). 

            12.        In the said rules, for the form of "Document of Compliance" the following form shall be substituted, namely:- 

"DOCUMENT OF COMPLIANCE" 

Issued under the provisions of the International Convention for the Safety of Life at Sea, 1974 as amended 

Under the authority of the Government of India 

Name and Address of the Company: 

            THIS IS TO CERTIFY THAT the safety management system of the Company has been audited and that it complies with the requirements of the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code), for the types of ships listed below (Delete as appropriate)
                                    Passenger ship
                                    Passenger high-speed craft
                                    Cargo high-speed craft
                                    Bulk carrier
                                    Oil tanker
                                    Chemical tanker
                                    Gas carrier
                                    Mobile offshore drilling unit
                                    Other cargo ship 
                                   

 

This Document of Compliance is valid till……………..

Subject to periodical verification 

Issued at 

Date of issue

 

Certificate No.                                                            ……………………….…………………………
                                                                                     Chief Surveyor with the Govt. of India
                                                                                         Directorate General of Shipping

                                                                                                                Mumbai
 

(Seal or stamp of issuing authority)  

ENDORESEMENT FOR ANNUAL VERIFICATION 

THIS IS TO CERTIFY THAT, at the periodical verification in accordance with regulation IX/6.1 of the Convention and paragraph 13.4 of the ISM Code, the safety management system was found to comply with the requirements of ISM Code. 

 

1st Annual Verification                                        Signed..................................                
                                                                         (signature of the authorized official)
 

                                                                        Place……………………………….. 

                                                                        Date…………………………………

 

2nd Annual Verification                                        Signed..................................                
                                                                         (signature of the authorized official)
 

                                                                        Place……………………………….. 

                                                                        Date…………………………………

3rd Annual Verification                                        Signed..................................                
                                                                         (signature of the authorized official)
 

                                                                        Place……………………………….. 

                                                                        Date…………………………………

 

4th Annual Verification                                        Signed..................................                
                                                                         (signature of the authorized official)
 

                                                                        Place……………………………….. 

                                                                        Date…………………………………

 

[F.No.SR-11012/3/99/MA]
V.P.RANA, Under Secy.

Note:-   The Principal rules were published in the Gazette of India, vide Notification No.S.R. 432 (E) dated the 12th May, 2000 in Part-II, Section 3, sub-Section(i)

 

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