Search Results on order for query: "order no. 17"
Related Section(s)The master of every Indian ship, except a home-trade ship of less
than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the
crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of
his crew from any port in India.
(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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
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). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(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). (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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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2013-07-03
Non-availability Of Sufficient Opportunities For The Mandatory On-board Sea Training For The Candidates Passing Out From The Various Approved Maritime Training Institutes, And Indian Maritime University, Conducting Approved Pre-sea Courses–obtaining Recruitment And Placement Service Licenses By Such Institutions, Dg Shipping Order No.17 Of 2013
Related Section(s)(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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The owner of every ship of over five hundred tons gross shall supply or cause, to
be supplied to every seaman for his personal use, bedding, towels, mess utensils and other articles
according, to such scale as may be prescribed; and different scales may be prescribed in respect of
different classes of ships.
(2) All foreign-going Indian ships and all home-trade ships of two hundred tons gross or more shall have always on board a sufficient supply of medicines, medical stores, appliances and first aid equipment suitable for diseases and accidents likely to occur on voyages according to such scale as may be prescribed. (3) It shall be the duty of the port health officer or such other person as the Central Government may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is required to be provided. | ||||||||||||||||
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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
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). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(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). (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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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2017-05-09
Relaxation Of Educational Qualification For Admission To Pre-sea Courses Of General Purpose Ratings And Certificate Course In Maritime Catering And For Issuance Of Cdc For The Natives Of Minicoy Island Of Union Territory Of Lakshadweep Belonging To Scheduled Tribe, Dgs Order No. 01 Of 2017
Related Section(s)(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
contained 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.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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