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Home > Indian Bare Acts > THE INLAND VESSELS ACT, 1917 > CHAPTER III MASTERS [INCLUDING SERANGS] AND ENGINEERS [INCLUDING ENGINE-DRIVERS]
OF INLAND 2*[MECHANICALLY PROPELLED VESSELS]. |
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| THE INLAND VESSELS ACT, 1917 |
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Title : THE INLAND VESSELS ACT, 1917
Year : 1917
Act :
CHAPTER III
MASTERS [INCLUDING SERANGS] AND ENGINEERS [INCLUDING ENGINE-DRIVERS]
OF INLAND 2*[MECHANICALLY PROPELLED VESSELS].
20.Appointment of examiners.
20. Appointment of examiners. The State Government may appoint examiners for the purpose of examining the qualifications of persons desirous of obtaining certificates (hereinafter called certificates of competency), to the effect that they are competent to act as masters or serangs, or as engineers or engine-drivers, as the case may be, on board inland 2*[mechanically propelled vessel].
21.Grant of masters, serangs, engineers and engine-driverscertificates of competency.
21. Grant of masters, serangs, engineers and engine-drivers
certificates of competency. (1) The State Government or such officer as it may, by notification in the Official Gazette, appoint in this behalf, shall grant to every person who is reported by the examiners to possess the prescribed qualifications, a certificate of competency to the effect that he is competent to act as a first-class master, second-class master or serang, or as an engineer, first-class engine-
driver or second-class engine-driver, as the case may be, on board an inland 1*[mechanically propelled vessel]:
Provided nevertheless that, before granting a certificate of competency under this Act, the authority empowered to grant such certificate may, if it considers the report of the examiners regarding any applicant for such certificate to be defective, or has reason to believe that such report has been unduly made, require a further examination or a re-examination of the applicant.
(2) Every certificate granted under this section shall be in the prescribed form.
22.Grant of masters, serangs, engineers and engine-driverscertificates of service.
22. Grant of masters, serangs, engineers and engine-drives
certificates of service. (1) The State Government may, 4*[if it thinks fit] grant without examination to any person who has served as a master, or as an
----------------------------------------------------------------------
1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f.
1.5.1978).
2. Ins. by s. 14, ibid. (w.e.f. 1.5.1978).
3. Ins. by s. 15, ibid. (w.e.f. 1.5.1978).
4. Subs. by the A. O. 1937 for "in its discretion".
130
engineer, of an inland 1*[mechanically propelled vessel] 2*[ for a period of three years before the first day of November, 1956] a certificate (hereinafter called a certificate of service) to the effect that he is, by reason of his having so served, competent to act as a first-class master, second-class master or serang, or as an engineer, first-class engine-driver or second-class engine-driver, as the case may be, on board an inland 1*[mechanically propelled vessel].
(2) A certificate of service so granted shall have the same effect as a certificate of competency granted under this Act after examination.
22A.
Licences.
3*[22A. Licences. (1) The State Government may, also 4*[if it thinks fit], grant--
(a) to a person who is in possession of a second-class masters certificate granted under section 21 or section 22, and has, by virtue of such certificate, acted as master of an inland 1*[mechanically propelled vessel] having engines of forty or more nominal horse-
power for a period of not less than five years, or
(b) to a person who is in possession of a first-class engine-drivers certificate granted under section 21 or section 22, or an engine-drivers 7*[certificate granted or deemed to be granted under the Merchant
Shipping Act, 1958], and has, by virtue of such certificate, served as an engine-driver of an inland
1*[mechanically propelled vessel] having engines of not less than seventy nominal horse-power for five years, for not less than two and a half years of which period he has been the engine-driver of such vessel within the meaning of section 26,
a licence authorising such person to act as master or engineer, as the case may be, of any inland 1*[mechanically propelled vessel] having engines of one hundred and seventy nominal horse-power or of such less nominal horse-power 5*[as such Government] may deem fit.
(2) Any such licence shall remain in force only for such time as the person holding the same is in possession of and entitled to a masters or an engine-drivers certificate, as the case may be, of the nature referred to in sub-section (1):
----------------------------------------------------------------------
1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f.
1.5.1978).
2. Subs. by s. 16, ibid., (w.e.f. 1.5.1978).
3. Ins. by Act 6 of 1920, s. 2.4. Subs. by the A. O. 1937 for "in its disoretion".
5. Subs. by Act 11 of 1923, s. 2 and Sch. I, for "as to such Govt.".
6. Subs. by s. 17, ibid.
131.Provided that the State Government may, 1*[if it thinks fit], suspend, cancel or vary the conditions of any such licence.]
23.Certificates to be made in duplicate.
23. Certificates to be made in duplicate. Every certificate of competency or service 2*[and every licence] granted under this Act shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, 3*[or licence] and the other shall be kept and recorded in the prescribed manner.
24.Copy of certificate or licence to be granted in certain cases.
24. Copy of certificate or licence to be granted in certain cases. Whenever a master or serang, or an engineer or engine-driver, proves, to the satisfaction of the authority which granted his certificate, 3*[or licence] that he has, without fault on his part, lost or been deprived of it, a copy of the certificate 3*[or licence]
to which, according to the record kept under section 23, he appears to be entitled shall be granted to him, and shall have the same effect as the original.
25.Certificates to be held by master and engineer of vessel of onehundred or more horse-power.
25. Certificates to be held by master and engineer of vessel of one hundred or more horse-power. An inland 4*[mechanically propelled vessel] having engines of 5*[one hundred] or more nominal horse-power shall not proceed on any voyage unless she has--
(a) as her master a person possessing a first-class masters certificate g ranted under this Act, or a masters
8*[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)], 7*[or a masters licence granted under section 22A and applicable to such vessel and voyage], and
(b) as her engineer a person possessing an engineers certificate granted under this Act, 6*[or granted or deemed to be granted under the Merchant Shipping Act,
1958 (44 of 1958)], 6*[or an engine-drivers licence granted under section 22A and applicable to such vessel and voyage].
----------------------------------------------------------------------
1. Subs. by the A. O. 1937, for "in its discretion".
2. Ins. by Act 6 of 1920, s. 3.3. Ins. by s. 4, ibid.
4. Subs. by Act 35 of 1977, s. 5, for "steam vessel" (w.e.f.
1.5.1978).
5. Subs. by s. 5, ibid., for "eighty".
6. Subs. by s. 18, ibid., for certain words (w.e.f. 1.5.1978).
7. Ins. by Act 6 of 1920, s. 5.132.26.Certificates to be held by master and engineer of vessel of betweenforty and one hundred horse-power.
26. Certificates to be held by master and engineer of vessel of between forty and one hundred horse-power. An inland 1*[mechanically propelled vessel] having engines of 2*[forty] or more nominal horse-
power, but of less than 3*[one hundred] nominal horse-power, shall not proceed on any voyage unless she has--
(a) as her master a person possessing a second-class masters certificate granted under this Act, or any certificate referred to in clause (a) of section 25;
and
(b) as her engineer a person possessing a first-class engine-drivers certificate granted under this Act, or an engine-drivers 4*[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44.of 1958)], or any certificate referred to in clause (b)
of section 25:
Provided that a 1*[mechanically propelled vessel] shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certificate referred to in clause
(a), and a certificate referred to in clause (b), of this section.
27.Certificates to be held by master and engineer of vessel of less thanforty horse-power.
27. Certificates to be held by master and engineer of vessel of less than forty horse-power. An inland 1*[mechanically propelled vessel] having engines of less than 5*[forty] nominal horse-power shall not proceed on any voyage unless she has--
(a) as her master a person possessing a serangs certificate granted under this Act, or any certificate referred to in clause (a) of section 26, and
(b) as her engineer a person possessing a second-class engine-drivers certificate granted under this Act, or any certificate referred to in clause (b) of section
26:
Provided that a 1*[mechanically propelled vessel] shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certificate referred to in clause
(a) and a certificate referred to in clause (b), of this section.
28.Power for State Government to require master or engineer to holdcertificate granted under Act in addition to other certificate.
28. Power for State Government to require master or engineer to hold certificate granted under Act in addition to other certificate.
Notwithstanding anything in this Chapter, the State Government may, by general or special order, direct that a person possessing--
(a) a masters 6*[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of
1958)] or
----------------------------------------------------------------------
1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f.
1.5.1978).
2. Subs. by Act 6 of 1920, s. 6, for "thirty".
3. Subs. by s. 6, ibid., for "eighty".
4. Subs. by s. 19, or certain words (w.e.f. 1.5.1978).
5. Subs. by Act 6 of 1920, s. 7, for "thirty".
6. Subs. by Act 35 of 1977, s. 20, for certain words (w.e.f.
1.5.1978).
133.(b) an engineers or engine-drivers 1*[certificate granted or deemed to be granted under the Merchant Shipping
shall not act as master or engineer, as the case may be, of an inland
2*[mechanically propelled vessel] unless he also possesses--
(i) in case (a), such a masters or serangs certificate granted under this Act as qualifies him under this
Chapter to act as master of the 2*[mechanically propelled vessel], or
(ii) in case (b), such an engineers or engine-drivers certificate granted under this Act as qualifies him under this Chapter to act as engineer of the
2*[mechanically propelled vessel]:
Provided that, for the purposes of this section, the State
Government may 3*[if it thinks fit], grant to any person, without examination, a masters or serangs or an engineers or engine-
drivers certificate of competency under this Act, and such certificate shall have the same effect as a certificate of competency granted under this Act after examination.
29.Power for State Government to make rules as to grant of certificatesof competency.
29. Power for State Government to make rules as to grant of certificates of competency. (1) The State Government may 4*** make rules to regulate the granting of certificates of competency under this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe--
(a) the times and places of holding and the mode of conducting examination of persons desirous of obtaining certificates of competency;
(b) the qualifications to be required of persons desirous of obtaining such certificates;
(c) the examination fees to be paid by such persons; and
(d) the forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to be kept and recorded under section 23.----------------------------------------------------------------------
1. Subs. by Act 35 of 1977, s. 20, for certain words (w.e.f.
1.5.1978).
2. Subs. by s. 5, ibid., for "steam-vessel" (w.e.f. 1.5.1978).
3. Subs. by the A. O. 1937,for "in its discretion".
4. The words "with the previous sanction of the G. G. in C." omitted by the A. O. 1937.134.30.
Power for State Government to make rules as to grant of certificatesof service.
30. Power for State Government to make rules as to grant of certificates of service. The State Government may also make rules to regulate the granting of certificates of service under section 22, and may be such rules prescribe in particular--
(a) the fees to be paid for such certificates, and
(b) the forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to be kept and recorded under section 23.30A.
Power for State Government to make rules as to grant of licences.
1*[30A. Power for State Government to make rules as to grant of licences. The State Government may also make rules to regulate the granting of licences under section 22A, and may by such rules prescribe in particular--
(a) the fees (if any) to be paid for such licences, and
(b) the forms in which such licences are to be framed and the authority by whom and the manner in which copies are to be kept and recorded under section 23.]
31.Area in which certificates of competency or service and licences shallhave effect.
31. Area in which certificates of competency or service and licences shall have effect. 2*[A certificate of competency or service or a licence granted under this Chapter] shall have effect throughout the State in which it was granted:
Provided that the authority granting such certificate 3*[or licence] may, by endorsement thereon, restrict the effect of such certificate 3*[or licence] to any part of such State:
Provided further that such certificate 3*[or licence] may be endorsed by the State Government of any other State, or with the general or special sanction of the State Government of such other
State, by the authority granting it so as to have effect in such other
State or any part thereof, and thereupon shall have effect accordingly.
Last updated on February, 2008
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