PART XVII Miscellaneous

449. Power to appoint examiners and to make rules as to qualifications of ship surveyors

450. No person to practice as ship surveyor unless qualified

451. Power of ship surveyor to inspect ship

452. Inquiry into cause of death on board Indin ship

453. Certain persons deemed to be public servant

454. Powers of persons authorised to investigate, etc.

454A. Power to prescribe alternative fittings, etc

455. Exemption of public ships, foreign and Indian

456. Power to exempt

457. General power to make rules

458. Provisions with respect to rules and regulations

459. Power to constitute committees to advise on rules, regulations and scales of fees

460. Protection of persons acting under Act

460A. Removal of difficulties

449. Power to appoint examiners and to make rules as to qualifications of ship surveuors-- The Central Government may appoint persons for the purpose of examining the qualifications of person desirous of practising the professio of a ship surveyor at any port in India and may make rules--

(a) for the conduct of such examinations and qualifications to be required;

(b) for the grant of certificates to qualified persons;

(c) for the fees to be paid for such examinations and certificates;

(d) for holding inquiries into charges of incompetency and misconduct on the part of holders of such certificates and

(e) for the cancellation and suspension of such certificates.

450. No person to practice a ship surveyor unless qualified-- No person shall in any port in which there is a person exercising the profession of a ship surveyor and holding a certificate granted under section 449 exercise such profession in such port unless he holds a certificate granted under that section.

Provided that nothing herein contained shall prevent any person employed exclusively by Lloyd’s Register of Shipping or Bureaui Veritas or any other classification society specified by the Central Government in the Official Gazette in this behalf from discharging any of the duties of such employment or apply to any person specially exempted by the Central Government from the operation of this section.

451. Power of ship surveyor to inspect ship-- Any person holding a certificate granted under section 449 and exercising the profession of a ship surveyor at any port in Inida may in the execution of his duties go on board a ship and inspect the same and every part thereof and the machinery, equipment and cargo and may require the unloading or removal of any cargo, ballast or tackle.

452 inquiry into cause of death on board Indian ship-- (1) If any person dies on board a foreign going Indian ship, the proper officer at the port where the crew of the ship is discharged, or the proper officer at any earlier port of call in India, shall, on the arrival of the ship at that port, inquire into the cause of death, and shall make in the official log book an endorsement to the effect, either that the statement of the cause of death in the book is in his opinion tru, or the contrary, according to the result of the inquiry.

(2) If, in the course of any such inquiry, it appears to the proper officer that a death has been caused on board the ship by violence or other improper means, he shall either report the matter to the Director-General or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial.

453. Certain persons deemed to be public servants-- The following persons shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860), namely:--

(a) every surveyor;

(b) every judge, assessor or other person acting under Part XII;

(c) every person appointed under this Act to report information as to shipping casualties;

(d) every person authorised under this Act to make any investigation or inquiry under Part X and all persons whom he calls to his aid;

(e) every person directed to make an investigation into an explosion or fire on a ship under section 388;

(f) every other officer or person appointed under this Act to perform any functions thereunder;

454. Powers of persons authorised to investigate, etc.-- (1) Every judge, assessor, officer or other person who is empowered by this Act to make an investigation or inquiry or to board, survey, inspect or detain a ship--

(a) may go on board any ship and inspect the same or any part thereof, or any of the machnery, equipment or articles on board thereof, or any certificates of the master or other officer to which the provisions of this Act or any of the rules or regulations thereunder apply , not unnecessarily detaining or delaying the ship from proceeding on any voyage, and if in consequence of any accident to the ship or for any other reason it is considered necessary so to do, may require the ship to be taken into dock for the purpose of inspection of survey;

(b) may enter and inspect any premises, the entry and inspection of which appears to be requisite for the purpose aforesaid;

(c) may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine them for the purpose aforesaid, and may require answers or returns to any enquiries he thinks fit to make;

(d) may require and enforce the production of all relevant boos, papers, or documents;

(e) may administer oaths or may in lieu of requiring or administering an oath, require every person examined by him to mae and subscribe a declaration of the truth of the statements made by him in his examination; and

(f) may muster the crew of any such ship.

(2) No person shall hinder or obstruct any officer or person referred to in sub-section (1) from going on board any ship or otherwise impede him in the execution of his duties or the exercise of his powers under this Act.

Explanation-- In this section, “ship” includes a sailing vessel.

1[454A. Power to prescribe alternative fittings, etc-- Where this Act requires that a particular fitting, material, appliances or apparatus or any type thereof shall be fitted or provided for in a ship or that any particualr provision shall be made in a ship, the Central Government after satisfying itself by trials or otherwise that any other fitting, material, appliance or apparatus or type thereof or provision is as effective as that so required, may permit by general or special order, such other fitting, material, appliance or apparatus or type thereof or provision to be used for provided.]

455. Exemption of public ships, foreign and Indian-- (1) This Act shall not, except where specially provided, apply to ships belonging to any foreign prince or State and employed otherwise than for porfit in the public service of the foreign prince or State.

(2) The Central Government may, by notification in the Official Gazette direct that the provisions of this Act or any of them shall not apply to ships belonging to the Government or to any class of such ships.

456. Power to exempt-- (1) Notwithstanding anything contained in this Act, the Central Government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement containe in or prescribed in pursuance of this Act or dispense with the observance of any such requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied that requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case.

1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.]

(2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.

457. General power to make rules-- 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.

458. Provisions with respect to rules and regulations-- (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 2[section 331 or section 344I], 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.

3[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before such House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 4[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 regulation, 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.]

459. Power to constitute committees to advise on rules regulations and scales of fees-- (1) The Central Government may, if it thinks fit, constitute one or more committees consisting of such number of persons as it may appoint thereto representing the interests principally affected or having special knowledge of the subject matter, for the purpose of advising it when considering the making or alteration of any rules, regulations or scales of fees under this Act or for any other purpose connected with this Act.

(2) There shall be paid to the members of any such committee such travelling and other allowances as the Central Government may fix.

(3) Committees may be constituted under this section to advise the Central Government either generally as regards any rules, regulations or scales of fees or as regards any class or classes of rules, regulations or scales of fees in particular or for any other purpose connected with this Act.

460. Protection of persons acting under Acdt-- No suit or other legal proceeding shall lie against any person for anything which is in good faith fone or intended to be done under this Act.

1[460A. Removal of difficulties-- (1) If any difficulty arises in giving effect to the provisions of this Act, in os far as they relate to the Safety Convention or to the Load Line Convention or to the convention referred to in clause (a) of section 356B, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty and giving effect to the provisions of such Convention.

Provided that no order shall be made under this section after the expiry of three years from the date of publication of the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), in the Official Gazette.

(2) Every order made under this section 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 two successive sessions.]

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