( TO BE
PUBLISHED IN PART II, SECTION 3, SUB –SECTION 9I) OF THE GAZETTE OF
INDIA) GOVERNMENT OF INDIA
MINISTRY OF SHIPPING TRANSPORT
NEW
DELHI, THE 1ST MARCH, 1985.
NOTIFICATION
G.S.R.
278 whereas a draft of the Merchant Shipping (crew Accommodation)
Amendment Rules 1984 was published as required by sub- section (i) of
section 175:
The
Merchant Shipping Act, 1958 (44 of 1958) in the Gazette of India, Part II,
Section 3, Sub-section (i), dated 1st December, 1984 under
the notification of the Government of India in the Ministry of Shipping
and Transport No. G.S.R. 1202 dated 13th November, 1984
inviting objections and suggestions till 14th January, 1985
form all persons likely to be affected thereby :
And whereas the said Gazette was made available to the
public on the 1st December, 1984;
And whereas no objections or suggestions have been
received;
Now therefore, in exercise of the powers conferred by
sub-section (1) of section 175 read with Section 457 of the Merchant
Shipping Act, 1958 (44 of 1958), Central Government hereby makes the
following rules, namely:-
(a)
These rules may be called the Merchant
Shipping (Crew Accommodation) (Amendment) Rules, 1984.
(ii) They shall come into force at once.
2. In the Merchant Shipping (Crew Accommodation) Rules,1960
(hereinafter referred to as the said rules), for proviso to sub-rule (2)
of rule 5, the following proviso shall be substituted, namely :-
“Provided
that the Central Government may, if satisfied that the design or any other
constructional feature of any ship renders compliance of this requirement
unreasonable or impracticable , exempt, such ship from the said
requirement in full or to such extent as it may deem necessary”
3. Proviso to sub-rules (3) and (4) of rule 12 of the said
rules, shall be omitted.
4. For proviso to clause (f) of sub-rule (3) of rule 16, of
the said rules, the following proviso shall be substituted, namely.
“Provided that the Central Government may, if satisfied after consultation
with the owner of the ship or with such organization or organizations in
India as it may consider to be most representative of employers of
seamen and of seamen that peculiar constructional features of any ship
renders full compliance of this requirement unreasonable or
impracticable, permit upto 4 persons to be accommodated in a cabin in
any specified part of crew accommodation of a cargo ship and upto 3
persons in a cabin in any such accommodation of a passenger ship.”
5. For first proviso to sub-rule (7) of rule 21 of the
said rules, the following proviso shall be substituted, namely:-
“Provided that the Central Government may, if satisfied
that the design or any other constructional feature of any ship renders
compliance of this requirement unreasonable or impracticable, exempt such
ship from the said requirement in full or to such extent as it deems
necessary”
6. For provisos to sub-rule (4) of rule 23 of the said
rules, the following proviso shall be substituted, namely :-
“Provided that the Central Government may, if satisfied
that limitations imposed by design or any other constructional feature of
any ship being.
(a)
a
passenger ship engaged solely on voyages which are normally of less then
21 hours duration; or
(b)
a cargo
ship in which the number of members of crew are more than 100.
“Render full compliance of this requirement unreasonable or
impracticable, exempt such ship from the requirement in full or to such
extend as it deems necessary.”
7.
In the said rules, for proviso to sub-rule (7) of rule 31, of the said
rules, the following proviso shall be substituted, namely :-
“Provided that the Central Government may if satisfied that the design or
any other constructional feature of any ship renders compliance of this
requirement unreasonable or impracticable exempt such ship from the said
requirement in full or to such extent as it deems necessary “.
8. In the said rules, for clause (ii) or sub-rule (2) of rule
38 of the said rules, the following clause shall be substituted,
namely:-
“(ii) exempt any ship being,--
(a)
a
sea-going ferry of a feeder ship which is not continuously manned with
re
(b)
a
sea-going ship when it temporarily …………… repairs personnel on board in
addition to ships crew; or
(c)
a
sea-going ship engaged on short voyages when members of crew are
allowed to go ashore for some part of the days;
from any
of the requirements of these rules, if satisfied that the serviced in
which such ship is engaged is such that compliance with the said
requirements is unreasonable or impracticable.
(No.
SW/MTO(4)/80-MT)
Note :
“The Merchant Shipping (Crew Accommodation Rules, 1960 were
published in the Gazettee of India, Part II, dated 31.12.60, at pages
741-773, under Government notification, Ministry of Transport and
Communication (Department of Transport No.1560(30-ML(17)/60), 30.12.80,
and was subsequently amended by –
(b)
GSR No.61,
dated 6.1.1967, published in the Gazettee of India, Part, II,
Section 3 (1), at pages 68-78;
(ii) GSR
No.1390, dated 12.12.74, published in the Gazettee of India, Part II,
Section 3(1), at pages 3242-49.
Sd/-
( RAJIV SRIVASTAVA
DIRECTOR
1.3.85
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