Merchant Shipping Act,1958
Act No : 44
Section :
Power to make rules respecting sailing vessels.
435. Power to make rules respecting sailing vessels. (1) The Central Government may make rules to carry out the purposes 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 in which applications for certificates of registry shall be made and the particulars which such applications should contain; (b) the manner in which the tonnage of sailing vessels shall be ascertained; ---------------------------------------------------------------------- 1. Ins. by Act 41 of 1984, s. 21 (w.e.f. 15.7.1985). 596 (c) the manner in which free board is to be assigned to sailing vessels and the free board markings are to be made; (d) the form in which certificates of registry and certificates of inspection may be issued; (e) the issue of duplicate copies of certificates of registry and certificates of inspection where the originals are destroyed, lost, mislaid, mutilated or defaced; (f) the manner in which, and the time within which, applications for the registry of alterations in the certificates of registry of sailing vessels shall be reported, the endorsement of the particulars of alteration on the certificates of registry, the grant of provisional certificates in cases where sailing vessels are directed to be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registry of alterations; (g) the manner in which applications for the transfer of registry of sailing vessels from one port to another in India shall be made and the procedure to be followed by the registrar in connection with such transfer; (h) the authorities by which sailing vessels are to be inspected and certificates of inspection are to be issued under this Part; (i) the criteria by which sailing vessels may be classified for the purpose of determining the limits within which they may be used for purposes of trading; (j) the fixing of the rates of freight which may be charged by sailing vessels for specified goods or for any class of goods in relation to the coasting trade of India; (k) the equipment which sailing vessels or any class of sailing vessels should carry including equipment relating to life saving and fire appliances, lights, shapes and signals required by the collision regulations; (l) the survey of space provided for passengers of sailing vessels and the scale and type of accommodation to be provided for such passengers; 597 (m) the authority to which information regarding certificates of registry, registry of alterations and issue of fresh certificates of registry under this Part is to be sent by registrars; (n) the qualifications to be possessed by tindals and other members of the crew of sailing vessels, the issue of permits to tindals and of identity cards to other members of the crew, the conditions for the issue of such permits and identity cards and the cancellation or suspension thereof; 1*[(o) the fees which may be levied for the issue or re- issue of certificates of registry, for the survey or inspection of sailing vessels before issue of such certificates, for the inspection of sailing vessels and for all other purposes of this Part and the manner in which such fees may be recovered;] (p) the form in which a contract for chartering a sailing vessel shall be executed; (q) the form in which a contract for the carriage of goods by sailing vessels shall be executed; (r) the reservation, in the public interest or in the interest of sailing vessels, of specified commodities for transport by sailing vessels either generally or in specified sectors of the coasting trade or between specified ports and the conditions subject to which such reservation may be made; (s) any other matter which has to be or may be prescribed.
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