|
( PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZETTE OF INDIA – EXTRAORDINARY )
************
GOVERNMENT OF INDIA / BHARAT SARKAR
MINISTRY OF SURFACE TRANSPORT
(JAL, BHOQTAL PARIVAHAN MANTRALAYA)
SHIPPING WING / NAUVAHAN PAKSHA
************
New Delhi, the 11.5.1987
N O T I F I C A T I O N
G.S.R. 473(E)---In exercise of the powers conferred by sub-section (1), read with clauses (a) and (b) of sub-section (2), of section 74 of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby makes the following rules, namely--
1. Short title, commencement and application--
(1) These rules may be called the Merchant Shipping (Tonnage Measurement of Ships) Rules, 1987.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall apply to every ship registered or to be registered in India of the following discription, namely :-
(a) new ship ;
(b) existing ships, which undergo alterations, or medications, which the Chief Surveyor deems to be of a substantial variation in their existing gross tonnage;
(c) existing ships if the owner thereof so requires in writing; and
(d) all other existing ships with effect from the 18th July, 1994.
2. Definitions: In these rules, unless the context otherwise requires---
(a) "Act means the Merchant Shipping Act, 1958 (44 of 1958);
(b) "Appendix" means the appendices to these rules;
(c) "breadth" means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shall and to the outer surface of the hull in a ship with a shell of any other material;
(d) "break" means the space above the line of upper deck when the deck is out off and continue at a higher elevation;
(e) "cargo space" means enclosed spaces appropriated for the transport of cargo which have been included in the computation of gross tonnage and certified by the Surveyor by permanent marking with letters CC (Cargo Compartment) to be so positioned that they are readily visible and is not than 100 milimetres in height;
(f) "Chief Surveyor" means the Chief Surveyor or the Deputy Chief Surveyor or the Deputy Chief Ship Surveyor, in the office of the Director General of Shipping, Bombay.
(g) "crew" means the seamen and the apprentices;
(h) "enclosed space" includes all spaces which are bounded by the ship's hull, by fixed or portable partitions or bulkheads, by decks or coverings other than permanent or movable awnings; so, however, that no break in a deck, nor any opening in the ship's hull, in a deck o in a covering of a space or in the partitions or bulkheads of a space, nor the absence of a partitions or bulkhead; shall preclude a space from bring included in the enclosed space.
(i) "excluded space" means space of the following discription, namely--
(a)(i) space within a creation opposite on end opening extending from deck to deck except for a curtain plate of a depth not exceeding by more than 25 milimeteres the depth of the adjoining beams, such opening having a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of opening of the space. This provision shall be applied so as to exclude from the enclosed spaces only the space between the actual and opening and a line drawn parallel to the line or face of the opening at a distance from the opening equal to one half of the width of the deck at the line of the opening (see figure 1 in APPENDIX I) ;
(ii) should the width of the space because of any arrangement except by convergence of the outside plating) become less than 90 per cent of the breadth of the deck only the space between the line of the opening and a parallel line drawn through the point where the athwart ship width of the space becomes equal to, or less than 90 per cent of the breadth of the deck, shall be excluded from the volume of enclosed spaces (see figure 1 in APPENDIX I) ;
(iii) where an interval which is completely open except bull warks or open rails separates any two spaces, the exclusion of one or both of which is permitted under sub-clauses (a) (i) and/or (a)(ii), such exclusion shall not apply if the separation between the two spaces is less than least half breadth of the deck in way of the separation (see figure 1 in APPENDIX I) ;
(b) a space under an overhead deck covering open to the sea and weather, having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space open rad is or a bulkwark and curtain plate may be fitted or stanchions fitted at the ship's side, provided that the distance between the top of the rails or the bulkwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater (see figure 1 in APPENDIX I) ;
(c) a space in a side to side creation directly in way of opposite side openings not less in height than 0.75 metres or one-third of the height of the creation, whichever is greater. If the opening in such an creation is provided one side only, the space to be excluded from the volume of enclosed space shall be limited in board from the opening to a maximum of one-half of the breadth of the deck in way of the opening (see figure 1 in APPENDIX I) ;
(d) a space in an creation immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening (see figure 1 in APPENDIX I) ;
(e) a recess in the boundary of an creation which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the creation is not greater than twice the width of its entrance (see figure 1 in APPENDIX I) ;
(i) The space is fitted with shelves or other means for securing cargo or stores;
(ii) the openings are fitted with any means of closure;
(iii) the construction provides any possibility of such opening being closed.
(j) "existing ship" means a ship which is not a new ship;
(k) "gross tonnage" means the measure of the overall size of the ship determined in accordance with rule 3;
(l) "International Convention on Tonnage Measurement" means the Final Act of the International Conference on Tonnage Measurement of Ships 1969, done at London on 23rd Day of June, 1969;
(m) "length" means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
(n) "loadline rules" means the Merchant Shipping (Load Line) Rules, 1979;
(o) "moulded depth" means—
(a) the vertical distance measured from the top of the keel to the underside of the upper deck at aide. In wood and composite ships the distance is measured from the lower edge of the keel rabbet. Where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continue inwards cuts the side of the keel.
(b) in ships having rounded gunwales, the depth measured to the point of intersection of the moulded lines of the deck and side shall plating, the lines extending as though the gunwales were of angular design (see figure 1 in APPENDIX I) ;
(c) in ships where the upper deck is stopped and the raised part of the deck extends over the point at which the depth is to be determined, the depth measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part;
(p) "net tonnage" means the measures of the useful capacity of ship determined in accordance with rule 4.
(q) "new ship" means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the commencement of these rules;
(r) "passenger" means every person other than--
(a) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and
(b) a child under one year of age;
(s) "Schedule" means a Schedule appended to these rules;
(t) "Surveyor" means a surveyor appointed under section 9 of the Act.
(u) "Upper deck" means the uppermost complete deck exposed to sea and weather fitted as an integral part of the ship's structure being a deck all openings in weather portions of which are fitted with permanent means of closing and below which all openings in the sides of the ship are fitted with permanent means of water-tight closing and in a ship having a stepped upper deck, the lowest line of the exposed deck and continuation of that line parallel to the upper part of the line deck shall be taken as the upper deck. Provided that steps with a length of not more than 2.4 metres of which do not extend over the full breadth of the ship may not be taken into account when determining the line of upper deck
(v) "weathertight" means that in any sea condition water will not penetrate into the ship, and
(w) words and expressions used in these rules and not defined but defined in the Act, shall have the meanings respectively, assigned to them in the Act.
3. Gross Tonnage :
The gross tonnage (GT) of s ship shall be determined by the following formula :
GT = K1V where V= Total volume of all enclosed spaced of the ship in cubic metres.
K1= 0.2 + 0.02 log10V (or as tabulated in Appendix II).
4. Net Tonnage :
(1) The net tonnage (NT) of a ship shall be determined by the following formula :
NT = K2Vc 4D2 + K3 (N1 + N2), which formula :-
3D 10
(a) the factor 4D2 shall not be taken as greater than unity;
3D
(b) the K2Vc 4D2 shall not be taken as less than 0.25 GT ; and
3D
(c) NT shall not be taken as less than 0.30 GT, and in which : Vc = total volume of cargo spaces in cubic metres.
K2= 0.2 + 0.02 log10Vc (or as tabulated in Appendix II.)
D= moulded depth amidships in metres as defined in rule 2(15).
d= moulded draught amidships in metres as defined in sub-rule (2) of this rule.
K3= 1.25 GT + 10.000
10,000
N1= Number of passengers in cabins with not more than 8 berths,
N2= Number of other passengers,
N1 + N2= total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate, when N1 + N2 is less than 13 N1 and N2 shall be taken as zero,
GT= Gross tonnage of the ship as determined in accordance with the provisions of rule 3.
(2) The moulded draught referred to in sub-rule (1) is equal to moulded draught amidships in metres derived as follows :
(i) for ships to which load line rules apply, the draught corresponding to the summer load line (other than timber load lines) assigned in accordance with those rules;
(ii) for passenger ships, the draught corresponding to the deepest sub division load line assigned in accordance with the Merchant Shipping (Construction and Survey of Passenger Ships) Rules, 1982;
(iii) for ships not assigned load lines in accordance with load line rules the maximum permitted draught or 75% of moulded depth amidship, as the case may be.
5. Calculations of volumes :
(1) All volumes included in the calculation of gross and net tonnage shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of structural boundary surface in ships constructed of any other material
(2) volumes of appendages shall be included in the total volume. Spaces used both for ballast and cargo should be included as cargo spaces.
(3) Volumes of spaces open to the sea may be excluded from the total volume.
(4) In accessible masts, king posts, air trunks and similar erections outside of and separated on all their sides from enclosed spaces and having cross sectional areas not exceeding one square metre should not be measued. similarly, independent enclosed spaces of a volume not exceeding one cubic metre shall not be measured.
6. Measurement and calculations :
(1) All measurement used in the calculation of volumes shall be to the nearest centimetre. Final tonnage figures obtained in accordance with rules 3 and 4 shall be rounded off to the nearest unit without decimals.
(2) The volumes shall be calculated by one of the methods acceptable to the Chief Surveyor and may be one or a combination of the following methods,
(a) using a suitable computer programme or,
(b) using planimeter readings from ship's plans or Bonjean Curve values to obtain sectional areas as per para 1(a), (b) and (c)of Appendix III and use of Simpsons Rules, or
(c) by physical measurement of under deck and other spaces in accordance with the provisions of Appendix III.
7. Change of net tonnage :
(1) When the characteristics of a ship, such as V, Vc , d, N1 or N2 as determined in accordance with rule 3 and 4 are altered and where such an alteration results in an increase in its net tonnage as determined in accordance with the provisions of rule 4, the net tonnage of the ship corresponding to the new characteristics shall be determined and shall be applied without delay.
(2) A ship to which load lines referred to in sub-rule 4(2)(i) and 4(2)(ii) are concurrently assigned shall be given only one net tonnage as determined in accordance with the provisions of rule 4 and that tonnage shall be the tonnage applicable to the appropriate assigned load line for the trade in which the ship is engaged.
(3) When the characteristics of a ship such as V, Vc , d, N1 or N2 as defined in rules 3 and 4 are altered or when the appropriate assigned load line referred to in sub-rule (2) is altered due to the change of the trade in which the ship is engaged and where such an alteration results in a decrease in its net tonnage as determined in accordance with rule of a new International tonnage Certificate (1969) incorporating the net tonnage so determined shall not be issued until twelve months have elapsed from the date on which the current certificate was issued :
Provided that this requirement shall not apply,-
(a) if the ship is transferred to the flag of another State, or
(b) if the ship undergoes alterations or modifications which are deemed by the Chief Surveyor to be of major character, such as the removal of a superstructure which requires on alteration of the assigned load line, or
(c) to passenger ships which are employed in the carriage of large numbers of special trade passengers.
8. Issue of Certificate :
(1) An International Tonnage Certificate (1969) shall be issued to the owner of every ship 24 metres in length and over, the gross and net tonnage of which have been determined in accordance with these rules in the form set out for such certificate in Appendix IV together with a standard form showing particulars of uniform tonnage calculation in Appendix V.
(2) An Indian Tonnage Certificate shall be issued in case of any other ship as per Appendix VI together with particulars of uniform tonnage calculations in Appendix V.
9. Remeasurement of tonnage :
Where the tonnage of a ship has been or is deemed to have been ascertained under those rules, the tonnage shall not be alter-------------------------- (not legible in original copy) alteration is made in the form of capacity of the ship or it is discovered that the tonnage has been erroneously computed, and in either of these cases, the ship shall be remeasured and its tonnage ascertained in accordance with these rules.
10. Deck cargo and cargo in other spaces :
(1) If any ship other than a ship exclusively engaged in trading between any port or place in India carries any deck cargo or cargo in spaces not included in the computation of net tonnage, the tonnage of space so utilized for carrying cargo shall be measured in the manner specified in Schedule I and added to the relevant tonnage of the ship and the levy of dues based on ship's register tonnage.
(2) The tonnage of spaces referred to in sub-rule (1) shall be ascertained by a surveyor or by an officer of the customs referred to in section 3 of the Customs Act, 1962, in the manner directed in Schedule I and when so ascertained shall be entered by him in ship's official log book and also in a memorandum which he shall deliver to the Master and the Master shall, when any dues are demanded on ship's tonnage produce that Memorandum in the like manner as if it were ship's Certificate of Registry or in the case of a ship other than an Indian ship, a document equivalent to a Certificate of Registry.
11. Tonnage ascertained in foreign countries :
(1) Where the tonnage of a ship has been ascertained in accordance with the rules in force in a foreign country which has adopted the International Convention on Tonnage Measurement or in accordance with the rules which are substantially similar to these rules, the Central Government may accept the tonnage specified in the certificate of registry issued by that country in the same manner, to the same extent and for the same purpose as the tonnage indicated in the certificate of registry issued under these rules.
(2) Notwithstanding anything contained in sub-rule (1), the Central Government may, if it is of opinion that the tonnage of any foreign ship as ascertained by the rules of the country to which she belongs differs materially from the tonnage of that ship as it would be if it is measured under these rules, direct that the ship shall be remeasured and her tonnage ascertained in accordance with these rules.
12. Suez Canal and Panama Canal Tonnage Certificate :-
If a request is received from a shipowner for measurement of a ship for Suez Canal or Panama Canal Tonnage Certificate, the ship may be remeasured and her tonnage ascertained in accordance with the rules issued by the Suez Canal or Panama Canal authorities.
13. Fees :
Fees shall be levied under rules at the rates and for the purposes specified in Schedule II.
14. Repeal and Saving :
On the application of these rules to the ships of the description specified in clauses (a), (b) or (C) of sub-rule (3) of rule 1, the Merchant Shipping (Tonnage Measurement of Ships) Rules, 1960, in its application to such ships, shall stand repeated :
Provided that other existing ships referred to in clause (d) of the said sub-section, shall continue to be governed by the provisions of the Merchant Shipping (Tonnage Measurement of Ships) Rules, 1960 until the 18th July, 1994, as if the said rules had not been repealed.
APPENDIX I
FIGURES REFFERED TO IN RULE 2(9)
IN THE FOLLOWING FIGURES : O= EXCLUDED SPACE
C= ENCLOSED SPACE
I= SPACE TO BE CONSIDERED AS
ON ENCLOSED SPACE
HATCHED IN PARTS TO BE INCLUDED AS ENCLOSED SPACES
B= BREADTH OF THE DECK IN WAY OF OPENING. IN SHIPS WITH ROUNDED GUNWALES, THE BREADTH IS MEASURED AS INDICATED IN FIGURE II
|