Guidelines in respect of technical clearance & compliance with statutory safety requirements, rectification of deficiencies etc. by shipowenrs on ship acquisition from abroad

Shipping Development Circular No. 4 of 2003

F.No.SD-13/POL(5)/2001-1                                                                        Dated 13.2.2003

Sub : Guidelines in respect of technical clearance and compliance with statutory safety requirements, rectification of deficiencies etc. by shipowners on ship acquisition from abroad.

Reference is invited to Amendment 1 to Guidelines for Import of all types of ships issued vide O M No. SD/11018/1/97-MD dated 5th March 2002, by Ministry of Shipping. Based on this O.M., this Directorate has already issued guidelines in respect of registration of ships vide DG Shipping Order No.2 of 2002 dated May 02, 2002.

Following guidelines are issued for the purpose of obtaining technical clearance (para 1.1 of the amended O.M.) and for compliance with statutory safety requirements and rectification of deficiencies by the Shipowners (under the provisions of para 1.3 of the amended O.M.):

1. TECHNICAL CLEARANCE

(i) Although no prior technical clearance is required for acquisition of second-hand vessels below 25 years of age, the owners may, however, apply for technical clearance of such vessels if they so desire on their own.
(ii) Requirements for the purpose of obtaining technical clearance from the DG (S) are annexed to this Order.
(iii) For the new ships to be built for some special trade, if requiring specific exemptions, technical specifications, a copy of the General Arrangement Plan and other relevant information shall be submitted to the DGS for necessary clearance.

2. COMPLIANCE WITH STATUTORY REQUIREMENTS AND RECTIFICATION OF DEFICIENCIES

(i) The Shipowners should ensure that the vessel to be acquired by them is classed with one of the IACS Member (including Associated Member) Classification Societies and complies with all the IMO / ILO Conventions/Protocol requirements ratified by India and which have already come into force and the Indian rules. In case the vessel is deficient in any respect, the Owners shall take immediate action to rectify the deficiencies or in case it is not possible/economically viable to rectify certain deficiencies, obtain DGS concurrence, in principle, for grant of exemption subsequent to change of flag (acquisition) from relevant rule requirements.
(ii) The Owners shall ensure that the plans such as Fire Fighting Appliances, Life Saving Appliances, Light and Sound Signals, Crew Accommodation Layout & other associated details to the extent possible, Trim & Stability Booklet and other booklets as relevant for the type of ship being acquired, are submitted for approval to the DG (S) within two months of acquisition of the vessel. Approval of these plans and booklets prior to expiry of five months period after the date of acquisition is essential to enable the Principal Officer, Mercantile Marine Departments (PO, MMDs) to grant full term safety certificates to the vessel. However in case the plans are not likely to be approved before the expiry of interim Safety Certificates due to delays in the DG (S) a letter confirming drawings/ booklets under approval process will be issued by the concerned branch at least two weeks before, so that the concerned MMD will be able to issue full term safety certificates before expiry of interim Certificates.
(iii) The vessel after acquisition will be put up for inspection by a MMD Surveyor, whenever she calls an Indian port first and deficiencies, if any, pointed out by the Surveyors shall be made good.

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