Search Results on circular for query: "Carriage of Dangerous Goods - Packaging Certification, CARGO CIRCULAR - NT-CRG - 01/03"
Related Section(s)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 shall, subject to the
condition of previous publication, make rules (hereafter in this section referred to as the timber cargo
rules) as to the conditions on which timber may be carried as cargo in any uncovered space on the
deck of any Indian ship.
(2) The timber cargo rules may prescribe a special load line to be used only when the ships carrying timber as cargo on deck and the conditions on which such special load line may be assigned, and may further prescribe either generally or with reference to particular voyages and seasons the manner and position in which such timber is to be stowed and the provisions which are to be made for the safety of the crew. (3) Any surveyor may at any reasonable time, inspect any Indian ship carrying a timber as cargo in any uncovered space on her deck for the purpose of seeing whether the timber cargo rules have been complied with. (4) The foregoing provisions of this section and the timber cargo rules shall apply to ships other than Indian ships while they are within Indian jurisdiction as they apply to Indian ships. (1) The Central Government may make rules for regulating
in the interests of safety the carriage of dangerous goods in ships.
1[(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the classification, packing, labelling and marking of such goods or any class of such goods, stowing of such goods (whether with or without other cargo) including plans for stowing, the fixing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships, and such other matters relating to dangerous goods as required to be provided for implementing the provisions of the Safety Convention.] (3) The owner, master or agent of a ship carrying or intending to carry any dangerous goods as cargo and about to make a voyage from a port in India shall furnish in advance the prescribed particulars of the ship and the cargo to such authority as may be prescribed for the purpose. (4) A surveyor may inspect the ship for the purpose of securing that any rules under this section are complied with. (5) If any of the rules made in pursuance of this section is not complied with in relation to any ship, the ship shall be deemed for the purpose of this Part to be an unsafe ship. (6) This section shall apply, in the same manner as it applies to Indian ships, to ships other than Indian ships while they are within any port in India or are embarking or disembarking passengers or are loading or discharging cargo or fuel within Indian jurisdiction. Explanation.--In this section the expression "dangerous goods" means goods which by reasons of the nature, quantity or mode of stowage are either singly or collectively liable to endanger the life or the health of persons on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression "explosive" as defined in the Indian Explosives Act, 1884, and any other goods which the Central Government may by notification in the Official Gazette specify as dangerous goods 2[but shall not include,-- (a) any fog or distress signals or other stores or equipment required to be carried by the ship under this Act or the rules or regulations thereunder; (b) particular cargoes carried in ships specially built or converted as a whole for that purpose, such as tankers.]
1. Subs. by Act 21 of 1966, s. 26, for sub-section (2) (w.e.f. 28-5-1966).
2. Subs. by s. 26, ibid., for certain words (w.e.f. 28-5-1966). (1) Where grain is loaded on board any Indian ship anywhere or is
loaded within any port in India on board any other ship, all necessary and reasonable precautions shall
be taken to prevent the grain from shifting; and if such precautions as aforesaid are not taken, the
owner or the master of the ship or any agent of the owner who was charged with the loading or with
sending the ship to sea laden with grain shall be guilty of an offence under this sub-section and the
ship shall be deemed for the purposes of this Part to be unsafe by reason of improper loading.
(2) Where any ship which is loaded with grain outside India without all necessary and reasonable precuations having been taken to prevent the grain from shifting, enters any port in India so laden, the owner or master of the ship shall be guilty of an offence under this sub-section and the ship shall be deemed for the purposes of this Part to be unsafe by reason of improper loading. 1[(2A) Where grain is loaded on board an Indian ship in accordance with a grain loading plan approved under section 331A or where grain is loaded on board any other ship in accordance with a grain-loading plan approved by or on behalf of the Government of the country in which that ship is registered, the ship shall be deemed, for the purposes of sub-sections (1) and (2), to have been loaded with all necessary and reasonable precautions.] (3) On the arrival at a port in India from a port outside India of any ship carrying a cargo of grain, the master shall cause to be delivered at the port to such customs or other officer as may be specified by the Central Government in this behalf, a notice stating- (a) the draught of water and free board of the said ship after the loading of the cargo was completed at the final port of loading; 2*** 3[(b) the kind of grain carried and quantity thereof stated in cubic feet, quarters, bushels or tons weight; and (c) the mode in which the grain is stowed and the precautions taken to prevent the grain from shifting and where the grain has been stowed in accordance with the ship's grain-loading plan, if any, that it has been so stowed.] 4[(4) any person authorised in this behalf, by general or special order of the Central Government may, for securing the observance of the provisions of this section, go on board a ship carrying a cargo of grain and require the production of the grain-loading plan of the ship and inspect the mode in which the cargo is stowed in the ship.] (5) The Central Government may, subject to the condition of previous publication, 5[make rules in relation to grain-loading plans and the loading of ships] with grain generally or of ships of any class specifying the precautions to be taken, and when such precautions have been prescribed, they shall be treated for the purposes of this section to be included in the expression necessary and reasonable precautions". (6) In 6[section 331A and this section,] the expression "gram" includes wheat, maize, oats, rye, barley, rice, pulses and seeds, and the expression "ship carrying a cargo of grain" means a ship carrying a quantity of grain exceeding one-third of the ship's registered tonnage reckoning one hundred cubic feet or two tons of weight of grain as equivalent to one ton of registered tonnage.
1. Ins. by s. 28, ibid. (w.e.f. 28-5-1966).
2. The word "and" omitted by s. 28, ibid. (w.e.f. 28-5-1966). 3. Subs. by s. 28, ibid., for clause (b) (w.e.f. 28-5-1966). 4. Subs. by Act 21 of 1966, s. 28, for sub-section (4) (w.e.f. 28-5-1966). 5. Subs. by s. 28, ibid., for "make rules in relation to the loading of ships" (w.e.f. 28-5-1966). 6. Subs. by s. 28, ibid., for "this section" (w.e.f. 28-5-1966). |
