Search Results on circular for query: "Extra First Class Engineer Certification. DGS Circular no. 125(2) fof 2014"
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[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions 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 and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). (1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (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). |
