Search Results on rules for query: "MS (Sailing Vessels) Rules, 1997"
Related Section(s)(1) Every owner or tindal
of a sailing vessel shall maintain or cause to be maintained in the prescribed a form a statement of the
crew of the vessel containing with respect to each member thereof--
(a) his name; (b) the wages payable to him; (c) the names and addresses of his next-of-kin; (d) the date of commencement of his employment; and (e) such other particulars as may be prescribed. (2) Every change in the crew of the vessel shall be entered in the statement under sub-section (1). (3) A copy of such statement and of every change entered therein shall be communicated as soon as possible to the registrar of the port of registry of the vessel concerned. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of
this Act.
(1) The Central Government may make
rules regulating the carriage of cargo or passengers in sailing vessel and the protection of life and
property on board such vessels.
(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 assignment of free board to sailing vessel; (b) the marking of such free board on such vessels and the maintenance of such markings; (c) the survey of the space allotted to passengers on board such vessels; (d) the scale and type of accommodation to be provided for each passenger. (3) Any sailing vessel attempting to ply or proceed to sea without free board markings or any sailing vessel which has been so loaded as to submerge such marking may be detained by a proper officer until free board markings are made in accordance with the rules made in this behalf or the vessel is so loaded that such markings are not submerged. (4) Nothing in this section relating to free board, shall apply to any sailing vessel in respect of which a load line has been assigned under Part IX. (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the expiry of the session immediately following, the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or the regulations, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]
1 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following"(w.e.f.1-12-1976). (1) The Central Government may make
rules to carry 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 applications for certificates of registry shall be made and the particulars which such applications should contain; (b) the manner in which the tonnage of sailing vessels shall be ascertained; (c) the manner in which free board is to be assigned to sailing vessels and the free board markings are to be made; (d) the form in which certificates of registry and certificates of inspection may be issued; (e) the issue of duplicate copies of certificates of registry and certificates of inspection where the originals are destroyed, lost, mislaid, mutilated or defaced; (f) the manner in which, and the time within which, applications for the registry of alterations in the certificates of registry of sailing vessels shall be reported, the endorsement of the particulars of alteration on the certificates of registry, the grant of provisional certificates in cases where sailing vessels are directed to be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registry of alterations; (g) the manner in which applications for the transfer of registry of sailing vessels from one port to another in India shall be made and the procedure to be followed by the registrar in connection with such transfer; (h) the authorities by which sailing vessels are to be inspected and certificates of inspection are to be issued under this Part; (i) the criteria by which sailing vessels may be classified for the purpose of determining the limits within which they may be used for purposes of trading; (j) the fixing of the rates of freight which may be charged by sailing vessels for specified goods or for any class of goods in relation to the coasting trade of India; (k) the equipment which sailing vessels or any class of sailing vessels should carry including equipment relating to life saving and fire appliances, lights, shapes and signals required by the collision regulations; (l) the survey of space provided for passengers of sailing vessels and the scale and type of accommodation to be provided for such passengers; (m) the authority to which information regarding certificates of registry, registry of alterations and issue of fresh certificates of registry under this Part is to be sent by registrars; (n) the qualifications to be possessed by tindals and other members of the crew of sailing vessels, the issue of permits to tindals and of identity cards to other members of the crew, the conditions for the issue of such permits and identity cards and the cancellation or suspension thereof; 1[(o) the fees which may be levied for the issue or re-issue of certificates of registry, for the survey or inspection of sailing vessels before issue of such certificates, for the inspection of sailing vessels and for all other purposes of this Part and the manner in which such fees may be recovered.] (p) the form in which a contract of chartering a sailing vessel shall be executed; (q) the form in which a contract for the carriage of goods by sailing vessels shall be executed; (r) the reservation, in the public interest or in the interest of sailing vessels, of specified commodities for transport by sailing vessels either generally or in specified sectors of the coasting trade or between specified ports and the conditions subject to which such reservation may be made; (s) any other matter which has to be or may be prescribed.
1. Subs. by Act 12 of 1983, s. 14, for clause (o) (w.e.f.18-5-1983).
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