Merchant Shipping Act,1958
Act No : 44
Section :
Inspection and control of Load Line Convention ships other than Indianships.
323. 5*[(1) Inspection and control of Load Line Convention ships other than Indian ships. A surveyor may, at any reasonable time, go on board any ship (other than an Indian ship) carrying cargo or passengers --------------------------------------------------------------------- 1. S. 321 renumbered as sub-section (1) of that section by Act 25 of 1970, s. 10 (w.e.f. 21-7-1968). 2. Subs. by s. 10, ibid., for "registered" (w.e.f. 21-7-1968). 3. Ins. by s. 10, ibid. (w.e.f. 21-7-1968). 4. Subs. by s. 11, ibid., for "load line certificate" (w.e.f. 21-7- 1968). 5. Subs. by s. 12, ibid., for sub-section (1) (w.e.f. 21-7-1968). 552 and registered in a country to which the Load Line Convention applies, when such ship is within any port in India, for the purpose of demanding the production of any international load line certificate or, as the case may be, international load line exemption certificate for the time being in force in respect of the ship: Provided that such ship is an existing ship of one hundred and fifty tons gross or more or a new ship of twenty-four metres or more in length.] (2) If a valid international load line certificate is produced to the surveyor on any such demand, the surveyor's powers of inspecting the ship with respect to load line shall be limited to seeing-- (a) that the ship is not loaded beyond the limits allowed by the certificate; (b) that the position of the load lines on the ship corresponds with the position specified in the certificate; 1*[(c) that no material alterations as would necessitate the assignment of an increased free board have taken place in the hull or superstructure of the ship;] (d) that the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crew's quarters have been maintained on the ship 2*[in an effective condition]. 3*[(2A) If a valid international load line exemption certificate is produced to the surveyor on demand made under sub-section (1), the surveyor's powers of inspecting the ship with respect to load lines shall be limited to seeing that the conditions stipulated in the certificate are complied with.] (3) If it is found 4*[on any inspection under sub-section (2) or, as the case may be, sub-section (2A)] that the ship is loaded beyond the limits allowed by the certificate, the ship may be detained and the provisions of section 342 shall apply. (4) If it is found 4*[on any inspection under sub-section (2) or, as the case may be, sub-section (2A)] that the load lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the surveyor. --------------------------------------------------------------------- 1. Subs. by Act 25 of 1970, s. 12, for cl. (c) (w.e.f. 21-7-1968). 2. Subs. by s. 12, ibid., for certain words (w.e.f. 21-7-1968). 3. Ins. by s. 12, ibid. (w.e.f. 21-7-1968). 4. Subs. by s. 12, ibid., for "on any such inspection" (w.e.f. 21-7- 1968). 553 (5) If it is found 1*[on any inspection under sub-section (2) or, as the case may be, sub-section (2A)] that the ship has been so materially altered in respect of the matters referred to in clauses (c) and (d) of sub-section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 336 (in the case of an Indian ship) or for the purpose of section 342 (in the case of any other ship): Provided that where the ship has been detained under either of the last-mentioned sub-sections, the Central Government shall order the ship to be released as soon as it is satisfied that the ship is fit to proceed to sea without danger to human life. (6) If a valid international load line certificate 2*[or, as the case may be, international load line exemption certificate] is not produced to the surveyor on such demand as aforesaid, the surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part relating to load lines have been complied with as if the ship were an Indian ship. (7) For the purposes of this section a ship shall be deemed to be loaded beyond the limits allowed by the certificate if she is so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention, to be loaded.
Read All Comments
