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marine or maritime courses

Querist : Anonymous (Querist) 25 January 2011 This query is : Resolved 
courses in Marine engineering:
I have to get an expert opinion on the following points.

1. My client is conducting a job oriented course Mechanical fitter in his mechanical workshop highlighting the tremendous chances in the field of repairing marine engine and boat repairing including ship repair services. He used to serve in Dock-yard and Ship-yard and send his trainees for the services in costal workshop. Recently he has been informed from the local police station that, he can not conduct the course without the approval of the Director General of Ship according to the Merchant shipping Act, 1958, since he is doing training on ship-related subject. I have gone through the Act and understood that the approval is required only for the employment in Sea-moving ships and the works in a moving ship. The compulsory certificate required for the employment in a Sea-moving ship is CDS, “Continuous Discharge Certificate” and its training is required only for those who are working in a moving ship. So I have filed a reply on the subject and the Police department is convinced with the reply and the institute is working now.
Some experts in Maritime law or the subject may kindly advice me on the subject.
The clarification is required on the following point.
1. Is there any statutory requirement from the Director General of Shipping under the Merchant Shipping Act 1958, for conducting skill development programme or one year training in the course Mechanical Marine fitter and welder course by an engineering institute?
2. Is there any illegality in conducting practical training by a mechanised workshop by collecting fees from trainees for joboriented courses. Any statutory requirement is necessary to conduct the same in Mumbai, Mangalore and Kasarogd.
Expecting a clarification.
A few details of the Act is extracted hereunder for easy reference.


MERCHANT SHIPPING ACT 1958
[THE MERCHANT SHIPPING ACT, 1958
ACT NO. 44 OF 1958
[30th October, 1958.]
An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board 2*** to provide for the registration of Indian ships and generally tamend and consolidate the law relating to merchant shipping. PART PRELIMINARY PART I 3* PRELIMINARY
Short title and commencement.
1. Short title and commencement. (1) This Act may be called the Merchant Shipping Act, 1958.
(2) It shall come into force on such date3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates3* may be appointed or different provisions of this Act.
Application of Act.
4*[2. Application of Act. (1) Unless otherwise expressly provided, the provisions of this Act which apply to-- (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be. .......................
Ajay Bansal (Expert) 25 January 2011
SEE M.C.W.L.DIGEST.
Querist : Anonymous (Querist) 26 January 2011
sir,
Please give an expert advise on the question.

Regards,


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