Merchant Shipping Act,1958
Act No : 44
Section :
Duration and cancellation of certificates.
1*[317. Duration and cancellation of certificates. (1) Every certificate issued in respect of a ship under clause (a) or clause (b) of sub-section (1) of section 316 and every certificate issued under clause (aa) of that sub-section to a ship referred to in clause (e) of sub-section (3) of section 310 shall be in force for a period of five years from the date of its issue or for such shorter period as may be specified in the certificate but subject to the provisions of this Part, a new certificate may be issued in respect of such ship: Provided that where it is not possible to issue such new certificate to any ship before the expiry of its existing certificate, the Central Government or any other person authorised by it to issue such certificate may, on being satisfied that no alterations affecting the ship's free board have been made in the structure, equipment, arrangements, material or scantlings, after the last survey of the ship under sub-section (5), extend the validity of the existing certificate for such period not exceeding five months as the Central Government or such person may deem fit. (2) Every certificate issued under clause (aa) of sub-section (1) of section 316 to a ship referred to in clause (f) of sub-section (3) of section 310 shall cease to be valid upon the completion of the voyage in respect of which such certificate was issued. (3) Notwithstanding anything contained in the foregoing provisions of this section, any certificate issued in respect of a ship under sub-section (1) of section 316 shall cease to be valid when the ship ceases to be an Indian ship. (4) The Central Government may, by order in writing, cancel any certificate issued in respect of a ship under sub-section (1) of section 316 if it is satisfied that-- (a) material alterations such as would necessitate assignment of an increased free board have taken place in the hull or superstructure of the ship. (b) the fittings and appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew's quarters are not maintained in an effective condition, --------------------------------------------------------------------- 1. Subs. by Act 25 of 1970, s. 9, for s. 317 (w.e.f. 21-7-1968). 549 (c) the structural strength of the ship is lowered to such an extent as to render the ship unsafe, (d) the markings of the deck line and load lines on the ship have not been properly maintained: Provided that no such order shall be made unless the person concerned has been given a reasonable opportunity to represent his case. (5) The owner of every ship in respect of which any certificate has been issued under sub-section (1) of section 316 shall, so long as the certificate remains in force, cause the ship to be surveyed in the prescribed manner once at least in each year during the period commencing three months before and ending three months after the anniversary date of issue of the certificate for the purpose of determining whether the certificate should, having regard to the provisions of sub-section (4), remain in force: Provided that the Central Government may, if satisfied in any case for reasons to be recorded in writing that it is necessary or expedient so to do, extend by order in writing the time within which a ship shall be caused to be so surveyed. (6) If the owner fails to cause the ship to be surveyed as aforesaid, the Central Government may, after giving the owner a reasonable opportunity to represent his case and without prejudice to any other action that may be taken under this Act in respect of such failure, cancel the certificate. (7) Notwithstanding anything contained in sub-section (1), any international load line certificate issued or renewed under this Act before the date of publication of the Merchant Shipping (Amendment) Act, 1970, in the Official Gazette and in force on that date, shall continue to be in force,-- (a) for the unexpired portion of the period for which such certificate had been issued or, as the case may be, renewed; or (b) for a period of two years from the commencement of this section, whichever is shorter. (8) Where any certificate has ceased to be valid or been cancelled under this section, the Central Government may require the owner or master of the ship to which the certificate relates to deliver up the certificate as it directs and the ship may be detained until such requirement has been complied with. 550 (9) On the survey of any ship in pursuance of this section, there shall be paid by the owner of the ship such fee as may be prescribed.]
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