Merchant Shipping Act,1958
Act No : 44
Section :
Certificates of competency to be held by officers of ships.
76. Certificates of competency to be held by officers of ships. (1) Every Indian ship other than a home-trade ship of less than two hundred tons gross engaged in coasting trade of India, when going to sea from any port or place, shall be provided with officers duly certificated under this Act according to the following scale, namely:- (a) in every case, with a duly certificated master; (b) if the ship is a foreign-going ship, with an officer holding a certificate not lower than that of-- (i) first mate; (ii) second mate; and (iii) navigational watchkeeping officer; (c) in the case of a home-trade ship, with an officer holding a certificate not lower than that of-- (i) a mate; and (ii) a navigational watchkeeping officer. (2) Every home-trade ship of less than two hundred tons gross and engaged in the coasting trade of India, when going to sea, shall be provided with officers duly certificated under this Act according to the following scale, namely:-- (a) with a duly certificated master; and (b) with an officer holding a certificate not lower than that of a navigational watchkeeping officer. (3) Every Indian ship when going to sea from any port or place shall be provided with engineers or engine drivers duly certificated under this Act according to the following scale, namely:-- (a) if the ship has a propulsion power of 3000 KW or more, with at least one marine engineer officer class I designated as chief engineer, one marine engineer officer class II designated as second engineer and one marine engineer officer class IV; (b) if the ship has a propulsion power of 750 KW or more but less than 3000 KW, with at least one marine engineer officer class II having service endorsement on his certificate of competency in such form and manner as may be prescribed, and designated as chief engineer, one marine engineer officer class III designated as second engineer and one marine engineer officer class IV; (c) if the ship has a propulsion power of 350 KW or more but less than 750 KW, with at least one marine engineer officer class III designated as chief engineer and one marine engineer officer class IV or engine driver of a sea-going ship designated as second engineer; (d) if the ship has a propulsion power of less than 350 KW, with at least one engine driver of sea-going ship designated as engineer-in-charge. (4) Every Indian fishing vessel when going to sea from any port or place in India, shall be provided-- (a) if the vessel is of twenty-four meters or more in length and is operating beyond the contiguous zone, with a certificated skipper grade I and a certificated mate of a fishing vessel; (b) if the vessel is of twenty-four meters or more in length and is operating within the contiguous zone, with a certificated skipper grade II and a certificated mate of a fishing vessel; (c) if the vessel is of less than twenty-four meters in length and is operating beyond the contiguous zone, with a certificated skipper grade II and a certificated mate of a fishing vessel; (d) if the vessel is less than twenty-four meters in length and is operating within the contiguous zone, with a certificated skipper grade II; (e) if the vessel has a propulsion power of 750 KW or more, with at least one engineer of a fishing vessel, who shall be designated as chief engineer and one engine driver of a fishing vessel; (f) if the vessel has a propulsion power of 350 KW or more but less than 750 KW, with at least one engineer of a fishing vessel who shall be designated as chief engineer; (g) if the vessel has a propulsion power of less than 350 KW, with at least one engine driver of a fishing vessel who shall be designated as engineer-in-charge. (5) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches. Explanation.--For the purposes of clauses (e) and (f) of sub- section (4), any person holding a certificate of competency as a marine engineer officer class I or class II shall be deemed to be a duly certificated engineer of a fishing vessel, and for the purposes of clause (g) of that sub-section, a person holding a certificate of competency as engine driver of a sea-going ship shall be deemed to be a duly certificated engine driver of a fishing vessel."] --------------------------------------------------------------------- 1. Subs. by Act 13 of 1987, s. 2 for "Masters, mates and engineesrs" (w.e.f. 1.7.1989). 2. Subs. by s. 3, ibid. for ss. 75 and 76 (w.e.f. 1.7.1989). 441
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