Merchant Shipping Act,1958
Act No : 44
Section :
Prohibition on proceeding to sea without certificates.
307. Prohibition on proceeding to sea without certificates. 3*[(1) No Indian passenger ship shall proceed on a voyage from any port or place in India to any port or place outside India-- (a) if the ship is a ship, other than a special trade passenger ship, unless there is in force in respect of the ship either-- (i) a passenger ship safety certificate issued under section 299; or (ii) a qualified passenger ship safety certificate issued under section 299 and an exemption certificate issued under section 302; (b) if the ship is a special trade passenger ship, unless there is in force in respect of the ship the certificate referred to in sub-clause (i) of clause (a) or the certificates referred to in sub-clause (ii) of that clause and a special trade passenger ship safety certificate and a special trade passenger ship space certificate, being in each case a certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.] --------------------------------------------------------------------- 1. Subs. by Act 21 of 1966, s. 21, for "registered". 2. Subs. by s. 21, ibid., for "in respect of an Indian ship". 4. Subs. by Act 69 of 1976, s. 24 (w.e.f. 1-12-1976). 544B (2) No sea-going 1*[Indian cargo ship of five hundred tons gross or more] shall proceed on a voyage from any place in India to any place outside India unless there is in force in respect of the ship-- (a) such certificate or certificates as would be required in her case by the provisions of sub-section (1) if she were a passenger ship, or 2*[(b) a cargo ship safety construction certificate issued under section 299A, a cargo ship safety equipment certificate issued under section 300 and a cargo ship safety radio telegraphy certificate or a cargo ship safety radio telephony certificate issued under section 301, or] (c) a 1*[qualified cargo ship safety equipment certificate] issued under section 300 and an exemption certificate issued under section 302 being certificates which by the terms thereof are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. 3*[(2A) No sea-going Indian cargo ship, less than 500 tons gross but not less than 300 tons gross, shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship a cargo ship safety radio telephony certificate issued under section 301.] (3) No sea-going 1*[Indian cargo ship of five hundred tons gross or more] shall proceed on a voyage between ports or places in India unless there is in force in respect of the ship-- (a) 4*[a cargo ship equipment certificate] issued under section 300; (b) a 5*[qualified cargo ship equipment certificate] issued under section 300 and an exemption certificate issued under section 302; --------------------------------------------------------------------- 1. Subs. by Act 21 of 1966, s. 22, for certain words. 2. Subs. by s. 22, ibid., for original clause (b). 3. Ins. by s. 22, ibid. 4. Subs. by s. 22, ibid., for "an equipment certificate". 5. Subs. by s. 22, ibid., for "qualified equipment certificate". 544C (c) a 1*[cargo ship] radio telegraphy certificate or a 1*[cargo ship] radio telephony certificate issued under section 301 or an exemption certificate issued under section 302; being a certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (4) The master of every ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and the port clearance shall not be granted and the ship may be detained until the said certificate or certificates are so produced.
Read All Comments
