Inland Vessels (Registration And Other Technical Issues) Rules, 2022

 

[07 June 2022]

 

G.S.R. 421(E).-Whereas draft of the Inland Vessels (Registration and other Technical issues) Rules, 2022 were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide G.S.R. 144(E) dated the 22nd February, 2022, as required under sub-section (1) of section 106 of the Inland Vessels Act, 2021 (24 of 2021), by Ministry of Ports, Shipping and Waterways, Government of India inviting the objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public;

And, whereas, copies of the said Gazette notification were made available to the public on 22nd February, 2022;

And, whereas the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government.

Now, therefore in exercise of the powers conferred by sub-sections (1) and (2) of section 21, section 22, sub-sections (1) and (2) of section 23, sub-section (2) of section 24, sub-section (2) of section 27, subsection (2) of section 29, sub-section (1) of section 32, sub-sections (2) of section 33 read with clauses (n) to (x) of sub-section (2) of section 106 of the Inland Vessels Act, 2021, the Central Government hereby makes the following rules, namely.

Rule - 1. Short title and Commencement.

 

(1)     These Rules may be called the Inland Vessels (Registration and other technical issues) Rules, 2022.

(2)     They shall come into force on the date of their publication in the Official Gazette.

 

Rule - 2. Scope and Application.

 

(1)     Any inland mechanically propelled vessel, which is required to be registered under section 17 of the Act shall not proceed on any voyage or be used for any service, unless it has a certificate of registration in force in respect thereof and granted under section 24 of the Act.

(2)     Every certificate of registration issued in respect of a mechanically propelled vessel under the Merchant Shipping Act, 1958 (44 of 1958), shall be valid and effective as a certificate of registration issued under the Act and the relevant provisions of the Act shall apply in relation to such vessel as they apply to an inland mechanically propelled vessel registered under these regulations and the Act.

 

Rule - 3. Definitions.

 

(1)     In these rules, unless the context otherwise requires,

(a)      "Act" means Inland Vessels Act, 2021 (24 of 2021);

(b)      "enquiry" means the process of inspection of the vessel, her machinery and articles on board and verification of records of the vessel by the registering authority for the purpose of registration;

(c)      "major conversion or modification" means any of the following -

(i)       change in gross tonnage of the vessel by more than ten percent;

(ii)      change of vessel type; or

(iii)     change of propulsion system or main engines or type of fuel.

(d)      "main drawings of the vessel" means the following -

(i)       general arrangement;

(ii)      main structural plans: midship section, profile and decks, shell expansion; and

(iii)     machinery layout details including the propulsion system.

(2)     Words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

 

Rule - 4. Application for registration.

 

An application for registration of an inland mechanically propelled vessel shall be submitted in Form No. 2 appended to these rules by the owner or master of the vessel with such particulars as required under Rule 7 of these Rules.

 

Rule - 5. Procedure for registration.

 

(1)     The owner or master of an inland vessel wishing to have it registered at a place of registry in the State shall make an application for registration under Rule 4 and submit the same to the concerned Registering Authority.

(a)      declaration that the provisions of the Act and these rules have been complied with;

(b)      declaration of ownership in Form No. 3 appended to these rules;

(c)      For new vessel.

(i)       a certificate signed by the builder (builders certificate) of the vessel containing a true account of the proper dimensions, particulars and of the tonnage of the vessel as estimated by him and the time and the place where the vessel was built;

(ii)      inspection certificate issued by the surveyor along with approved main drawings of the vessel;

(iii)     in case of a new vessel under construction, the builders certificate may be submitted forthwith upon issue by the respective organisation after the completion of the vessel;

(d)      in the case of vessels subjected to major conversion or modification, builders certificate and inspection certificate issued by the surveyor along with approved main drawings of the vessel;

(e)      the instrument of sale under which the title of the vessel was transferred to the applicant who requires it to be registered in his name, (for second hand vessel);

(f)       certificate of survey if issued by the designated authority or the provisional certificate of survey issued by the Surveyor;

(g)      challan receipt evidencing payment of fee as prescribed by the State Government; and

(h)     details of mortgage, if any.

(2)     Copy of certificate of insurance, issued in compliance with the Inland Vessels [Insurance, Limitation of Liability, Inquiry and Investigations, Obligations of Service Providers and Service Users and Allied Matters] Rules, 2022 shall be submitted forthwith, when the vessel is insured as per the said rules before plying or trading.

Explanation: - For the purposes of sub-rule (2), the vessel shall be insured after registration is done and insurance company shall be given the identity details of the vessel and the proof of registration of the vessel, certificate of survey and such other documents required by the insurance company.

(3)     For the purposes of these rules, the Certificate of Survey shall be submitted forthwith when issued by the designated authority.

(4)     The Registering Authority on receipt of the application for registration of the vessel under rule 4, shall approve the name that has been requested for, after ensuring from the records and Central Data Base that there is no other vessel registered in the same name and once the name is allotted, the Registering Authority shall also allot an official number for the vessel, which shall be recorded in the Book of Registration as per Form No 1 appended to these rules and the Central Data Base.

Provided that the Registering authority shall communicate the approval of name to the applicant within 30 days from the date of receipt of the last document from the applicant.

(5)     Subject to submission of the requisite details and documents by the applicant in compliance with these rules, the Registering Authority shall give a notice to the applicant in Form No. 4 appended to these rules, informing the time and date of the enquiry in respect of the vessel.

(6)     For the purpose of enquiry under these rules, the designated authority or such other person appointed or authorised by the respective State Governments may -

(a)      inspect the vessel or any part thereof or any machinery therein or any article therein relevant to the purpose of such enquiry;

(b)      call for any records from the owner or master of the vessel and examine it in so far as such records are relevant for the purpose of such enquiry; and

(c)      have such assistance as it deems fit for the purpose of such inspection.

(7)     For the purpose of enquiry under this rule, the owner, the master and every member of the crew of the vessel shall provide all reasonable facilities for conducting the enquiry and shall also furnish such information as may be required by the authority empowered under sub-rule (6).

(8)     Upon ascertaining that the procedures enumerated under this rule have been complied with by the applicant, the Registering Authority shall issue a carving and marking note in Form No. 5 appended to these rules.

(9)     The carving and marking note shall be returned to the Registering Authority after carrying out the carving and marking on the vessel, which shall be certified by a Surveyor.

(10)   Upon ascertaining that the applicant has complied with these rules, in completing the requirements for registration, the Registering Authority shall enter the particulars of the inland vessel in Form No. 1 appended to these rules.

 

Rule - 6. Grant of certificate of registration.

 

(1)     If, in respect of any inland mechanically propelled vessel, the registering authority, after making such enquiry as required under rule 5, is satisfied that the provisions of the Act or of any rules made thereunder have been complied with, shall grant to the applicant thereof a certificate of registration in Form No. 8 appended to these rules retaining the certificate of survey or provisional certificate of survey, builders certificate, instrument of sale by which the vessel was sold, and the declaration of ownership.

(2)     The certificate of registration may also be in electronic form.

(3)     Notwithstanding anything contained in sub-rule (1), the designated authority may -

(a)      permit any mechanically propelled inland vessel, built at any place other than a port or place of registry, to make her first voyage through the inland waters to any such port or place for the purpose of registration; or

(b)      permit the vessel registered under any law for the time being in force in India for which provisions have been made under the Act to conduct voyage within the inland waters; or

(c)      permit any mechanically propelled vessel registered under such laws of countries other than India to ply within the inland waters, subject to terms and conditions as may be specified by the Central Government, from time to time by general guidelines.

(4)     A provisional certificate of registration may be issued in Form No. 13 appended to these rules on receipt of an application in Form No. 12, in accordance with section 27 of the Act pending issuance of the certificate of registration and during the period of validity of the provisional certificate of registration, the owner or master shall implement and comply with all necessary steps to be taken to have the vessel registered under Chapter V of the Act.

(5)     It shall be the duty of the owner or master of the inland vessel to produce certificate of registration or provisional certificate of registration as the case may be on demand by the authority engaged in the enforcement of Act and rules made thereunder.

(6)     A registering authority may refuse to register any inland vessel, if she is found to be mechanically defective, or if the applicant fails to furnish satisfactory evidence in support of any of the statements made in the application for registration, provided that where the registering authority refuses to register any inland mechanically propelled vessel, it shall furnish to the applicant a statement in writing containing the reasons for such refusal.

 

Rule - 7. Duplicate of the certificate.

 

(1)     The authority which has issued the certificate of registration, shall issue a duplicate of the certificate of registration to replace a certificate lost, destroyed or mutilated, subject to payment of such fees as prescribed by the State Government.

(2)     Provided that no such duplicate certificate shall be issued unless -

(a)      in the case of a certificate lost, it is proved to the satisfaction of the Registering Authority that all measures possible for tracing out the lost certificate have been exhausted;

(b)      in the case of a certificate destroyed, such authority is satisfied after due enquiry that the certificate has actually been destroyed; and

(c)      in the case of mutilated certificate, the owner delivers up such mutilated certificate to the authority.

(3)     Every duplicate of the certificate shall, on the face of it, be stamped with the word Duplicate in red ink.

(4)     Subsequent to the issuance of a duplicate certificate, if the original certificate is found, the latter shall be delivered to the issuing authority which shall cancel the certificate and record the same in the records.

 

Rule - 8. Marking of Inland mechanically propelled vessels.

 

(1)     Where an inland vessel has been registered under these rules, the registering authority shall assign registration mark to such vessel, to be displayed conspicuously comprising of registration number, port of registry and name of such vessel.

(2)     Every registered vessel shall bear the following identification marks on its hull -

(a)      name of vessel shall be inscribed on each bow and stern of the mechanically propelled vessel and in the case of barges or vessels which are not self-propelled , the name and official number shall be inscribed on each bow;

(b)      registration number and year of registration shall be inscribed on the main superstructure and engine room bulkhead or main beam in the inland vessels; and

(c)      place or Port of registry shall be inscribed on the stern or transom.

(3)     The identification mark shall be inscribed not less than 200mm x 150mm (height x breadth) with each letter 25mm wide and shall be carved or marked or welded in light colour on a dark background or in a dark colour on a light background.

(4)     Inland vessels registration marks shall be carved or marked on its main beam or any permanent bulkhead at a prominent place.

(5)     Additionally, every vessel shall be painted and displayed on a fixed board, exhibited on the upper deck, the following information -

(a)      gross tonnage;

(b)      maximum permissible number of passengers ;

(c)      name of the owner ;

(d)      date of last renewal survey; and

(e)      loaded draft and deadweight tonnes in case of cargo vessels.

Rule - 9. Registration of alterations and modifications.

 

(1)     No alteration or modification which affects the strength, stability or safety of the vessel shall be made without the prior approval of the Designated Authority.

(2)     When an inland vessel is so altered, as not to correspond with the particulars relating to her or the description entered in the certificate of registration; then the owner of the vessel shall, within 30 days, make a report of such alteration or modifications to the registering authority of the place where the vessel is registered, along with the respective certificate of survey.

(3)     The report under sub-rule (2), shall be made in Form No. 6 appended to these rules and shall contain particulars with respect to the alteration or modifications and shall be accompanied by the certificate of registration in force in respect of the vessel at the time of the report.

(4)     The registering authority, on receipt of the report under sub-rule (2) and on payment of the prescribed fee as notified by the State Government, shall either cause the alteration to be registered or direct that the vessel be registered anew.

(5)     The registering authority in deciding whether alteration or modifications shall be entered in the certificate of registration or whether the inland vessel shall be registered a new shall be guided by the following considerations -

(a)      whenever any material alteration is made in the hull affecting the length or breadth or depth of the inland vessel or wherever there is alteration in the means of propulsion including addition or removal of an auxiliary engine, the vessel shall require new registration; and

(b)      where the alteration consists merely of a change in the dimensions of enclosed space, the addition or removal of poop or deckhouse etc. or an allowance or disallowance or crew space of other similar change, the registering authority may allow such alteration to be entered into the certificate of registration, provided it is verified by the designated Authority that the stability of the vessel is not endangered thereby.

(6)     Where the registering authority directs that the vessel be registered anew, it shall either grant a provisional certificate describing the vessel as altered or endorse the particulars of the alteration on the existing certificate.

(7)     Any provisional certificate granted or endorsement made under sub-rule (6) shall be valid for a period of ninety days from the date thereof, within which, the owner shall cause all necessary steps to be taken to have the vessel registered anew.

 

Rule - 10. Transfer of registry.

 

(1)     If the owner of an inland mechanically propelled vessel ceases to reside or carry on business at the address recorded in the certificate of registration of the vessel, he shall, within thirty days of the change of address, intimate his new address to the registering authority by which the certificate of registration was granted, or if the new address is within the jurisdiction of another registering authority within the same State, to that registering authority, and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered thereon.

(2)     Where a registering authority other than the original registering authority makes any such entry, it shall communicate the new address to the original registering authority.

(3)     The registry of an inland mechanically propelled vessel may be transferred from one place in a State to another place in another State, on submission of an application in Form No. 7 by the owner or master of the vessel to the registering authority of the State to which the registration is intended to be transferred.

(4)     On receipt of such application under sub-rule (3), the registering authority shall duly notify the registering authority of the place where the vessel is originally registered, in writing, who shall communicate "no objection" or otherwise to such transfer within a fortnight or earlier.

(5)     The certificate of registration in respect of the vessel shall be delivered to the registering authority of the intended place of registry along with the application.

(6)     On receipt of the application under sub- rule (3) and the fee as prescribed by the State Government, the registering authority of the intended place of registry shall enter in its register book, all the particulars relating to the vessel and grant a fresh certificate of registration in respect of the vessel and henceforth such vessel shall be considered as registered at the new place of registry.

 

Rule - 11. Transfer of vessel.

 

(1)     If a vessel is transferred to any person, whether resident within the State or not, the transferor and the transferee shall make joint report of the transfer to the registering authority within whose jurisdiction the transferee resides or carries on business within thirty days of such transfer along with a challan or deposit receipt evidencing payment of fees as prescribed by the State Government for such transfer.

(2)     The certificate of registration in respect of the vessel shall also be submitted along with the report referred to in sub-rule (1) to facilitate that the particulars of the transfer of the ownership may be entered thereon:

Provided that when transfer of registry involves transfer from one State Government to another, application shall be made in Form No. 7 as provided in sub - rule (3) of rule 10.

(3)     In the event of transfer, the registering authority shall record the details of the transferor as well as the transferee in the Central Data Base.

 

Rule - 12. Cancellation of Registration.

 

(1)     When any registered inland vessel is declared missing, destroyed, lost, abandoned or has been rendered permanently unfit for service, the owner of the vessel shall report in writing the fact to the Registrar of Inland Vessels of the place where the vessel is registered within fifteen days of occurrence of such event.

(2)     In the case where the Owner decides that a registered inland vessel is to be scrapped or dismantled or sold abroad, such fact is to be reported to that authority at least fifteen days in advance of commencement of scrapping or dismantling or executing such sale and the certificate of registration of the vessel shall also be surrendered to that Authority for cancellation of registration as per the provision of Section 32 of the Act.

 

Rule - 13. Mortgage of mechanically propelled inland vessel or share.

 

(1)     (a) A registered inland mechanically propelled vessel or a share therein, may be made as a security for a loan or other valuable consideration, and the instrument creating the security (called mortgage) shall be in Form No 9 and on the production of such instrument, the Registering Authority of the inland mechanically propelled vessels port of registry shall record it in the Book of Registration and endorse the same in the Certificate of Registry.

(b) Mortgages shall be recorded by the Registering Authority in the order in time in which they are produced to him for that purpose, and the Registering Authority shall, by memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record.

(2)     Where a registered mortgage is discharged, the Registering Authority shall, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the Book of Registration to the effect that the mortgage has been discharged, and on that entry being made, the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made.

(3)     If there are more mortgages than one recorded in respect of the same inland mechanically propelled vessel or share, the mortgagees shall, notwithstanding any express, implore or constructive notice, have priority according to the date on which each mortgage is recorded in the Book of Registration and not according to the date of each mortgage itself.

(4)     Except in so far as making a mortgaged inland mechanically propelled vessel or share available as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the inland mechanically propelled vessel or share, nor shall the mortgagor be deemed to have ceased to be the owner thereof.

(5)     (a) Where there is only one registered mortgagee of an inland mechanically propelled vessel or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged inland mechanically propelled vessel or share without approaching the High Court:

 

Provided that nothing contained in this sub-rule shall prevent the mortgagee from recovering the amount so due in the High Court as provided in sub-rule (b).

(b) Where there are two or more registered mortgagees of an inland mechanically propelled vessel or share they shall be entitled to recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter the High Court may direct that the mortgaged inland mechanically propelled vessel or share be sold in execution of the decree.

(c) Every registered mortgagee of an inland mechanically propelled vessel or share who intends to recover the amount due under the mortgage by selling the mortgaged inland mechanically propelled vessel or share under clause (a) shall give, an advance notice of fifteen days relating to such sale to the Registering Authority of the inland mechanically propelled vessels port of registry.

(d) The notice under clause (c) above shall be accompanied with the proof of payment of all wages and other amounts due to crew in connection with their employment on that vessel.

(6)     A registered mortgage of an inland mechanically propelled vessel or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the inland mechanically propelled vessel or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.

(7)     (a) A registered mortgage of an inland mechanically propelled vessel or share may be transferred to any person and the instrument effecting the transfer shall be in Form No. 10 as circumstances permit, and on the production of such instrument, the Registering Authority shall record it by entering in the Book of Registration, the name of the transferee as mortgagee of the inland mechanically propelled vessel or share and shall, by memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record.

(b) The person to whom any such mortgage has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.

(c) An instrument creating the discharge of mortgage shall be in Form No. 11 appended to these rules.

FORM No. 1

 

[see rules 5(4) and 5(10)]

 

BOOK OF REGISTRATION

 

Registration Number:

Name of Vessel

Port of Registry Year of Registry

Name of the Owner

Address of

owner

DESCRIPTION OF INLAND VESSEL

Type of Vessel Cargo or Passenger etc. Category

Gross Tonnage Registered Tonnage

PARTICULARS OF VESSELS

Length overall

Breadth Extreme

Depth of underside of deck amid ships, at side Builder Name and Address

Year of Built

Type of Hull wood, steel, etc.

Number of Decks

No. of Bulkheads

TRANSACTION

Name of person from whom title is derived

No. of shares affected Date of and hour of Registry

ENGINE

Internal combustion engine No.

Description

No. offsets

Made by

Year of Make

No. of cylinders per set

Diameter of cylinder in inches

Stroke in inches

N.H.P. B.H.P. I.H.P.

PROPULSION

Propeller Type: Single screw or twin screw or side quarter or Steerable Rudder propeller or Voith or Waterjet or OBM etc.

Revolution per minute (RPM) Speed of Vessel

Propulsion geared or direct driven

Propulsion type: Oil engine or Electric or Battery or Solar or other (strike off whichever is not relevant)

REGISTERING AUTHORITY

Date

SUBSEQUENT TO REGISTRATION

Nature and Date of transaction

Name, residence and occupation

Number of transaction of transferee or mortgagee or other person acquiring title or power

Form No. 2

 

Application for Registration

 

[see rule 4]

 

To,

The Registering Authority,

I........................................... Resident of........................................... being the Owner or Master of an Inland Vessel ........................................... hereby request that the said vessel be registered at the ...........................................

I agree to pay such fees as may be payable under the rules. Particulars in respect of the said Vessel are as under.

1.        Owners name and address in full

2.        Occupation

3.        Name of Master and his Certificate No.

4.        Name of Registry and No. if previously registered

5.        When and how the vessel was secured

6.        Kind of vessel, viz. motor, name and address of engine makers with horsepower, speed and the year of make.

7.        Name and address of builders with place and year of built.

8.        Details of Insurance Certificate

9.        Enclosures -

(a)      A declaration by the owner that the provisions of the Act and the rules made thereunder have been complied with;
certificate of survey or provisional certificate of survey;

(b)      Challan receipt evidencing payment of fees for the registration of the vessel;

(c)      Copy of the 3rd party insurance certificate of the vessel duly attested;

(d)      Builders certificate for new vessels;

(e)      Instrument of sale (for second hand vessels);

(f)       Mortgage details; and

(g)      Declaration of Ownership.

Place:

Date: Signature of the Owner or Master of the vessel

 

FORM No. 3

 

Declaration of Ownership

 

[see rule 5(1)(a)]

 

I/We

residing permanently at having original place of business at do hereby declare that vessel named was built at in the year and was purchased by me on for rupees and wish to have the same registered in my name at the port of and that I am the owner of the same.

Signature of Owner

Made and subscribed the day of 20 _ by the

Above named in the presence of

Signature of Magistrate or Notary Public or Registering Authority

Note: The declaration shall be made before a Magistrate or a Notary Public or a registering Authority.

 

FORM No. 4

 

Appointment of date and time of inspection of the Inland Vessel by the Registering Authority

 

[see rule 5(5)]

 

Dated:

Ref. No.:

To,

The Owner or Master on the Inland Vessel

Sir/Madam,

In acknowledging the receipt of your application for registration of the vessel named above under Inland Vessels Act, 2021, this is to state that Registering Authority or Surveyor shall proceed on board the vessel at __________________ hours on __________ day of _____________, 20_____.

You are requested to afford to the Registering Authority or Surveyor all reasonable facilities for the registration of the Inland Vessel and all such information respecting the vessel as he may require for the purpose of registration.

Yours faithfully

Registering Authority

Inland Vessels

 

FORM No. 5

 

Carving and Marking Note

 

[see rule 5(8)]

 

Dated:

Ref. No.:

To,

The Owner or Master of the Inland Vessel

Sir/Madam,

This has reference to your application for registration of the above named vessel and subsequent enquiry of the vessel conducted under rule 6 of these rules, you are advised to have the below enumerated marks carved on the vessels hull under rule 9 of these rules:

Name of the Vessel:

Official No.

Port of Registry: Year of Registry:

You are further advised to contact this office after the completion of requisite carving (which in no case shall be greater than fifteen days from the date of issue of this letter) for final inspection for the purpose of registering the vessel.

Please also be advised that you shall be required to surrender this carving note in original at the time of issuance of Certificate of Registration.

Yours faithfully,

Registering Authority

Inland Vessels

Form No. 6

 

Request/Application for registration of alteration

 

[see rule 9(3)]

 

To,

The Registering Authority,

Sir/Madam,

I, being the owner of inland vessel named_______________ Official No. hereby report that the following alterations have been carried out on the vessel:

I therefore, apply for registering the alterations or the issue of a fresh Registration Certificate. I enclose herewith a duplicate copy of treasury challan showing the deposit of the necessary fees.

I also enclose herewith the original certificate of Registration No.

Date (SIGNATURE OF THE OWNER)

Alterations Verified by (Name and Signature of Surveyor)

Date:

FORM No. 7

 

Application for Transfer of Registry

 

[see rules 10(3) and 11(2)]

 

To,

Registering Authority

I, resident of

being the owner of an Inland Vessel Name official no. hereby request that the registry of the said vessel may kindly be transferred to your register from the register of the Registering Authority of in the state of . The certificate of registration is enclosed herewith.

Treasury Challan for Rs. is also enclosed.

Place

Date

SIGNATURE OF THE OWNER

FORM No. 8

 

CERTIFICATE OF REGISTRATION

 

[see rule 6(1)]

 

PARTICULARS OF VESSEL

 

Issued by ...............[details of Registering Authority]

PARTICULARS OF PROPELLING ENGINES, & MACHINERY, as supplied by Builders, Owners, or Engine Makers.

PARTICULARS OF TONNAGE

The tonnages of this vessel in accordance with India Tonnage Certificate are: -

GROSS TONNAGE ..........................tons

NET TONNAGE ..........................tons

A detailed summary of the tonnages for this vessel is shown on the Certificate of Survey

------------------------------------------------------------------------------------------------------

The Number of crew for whom accommodation is certified ..........................

I, the undersigned, Registering Authority at the Port of.......................... in .......................... State here by certify that the Vessel the Description of which is prefixed to this my certificate, has been duly surveyed, and that the above Description is in accordance with the Register Book; that.......................... whose Certificate of Competency of Service is No..........................is the Master of the said Vessel, and that the Name .......................... Residence and Description of the Owner..........................and Number of Tenth Shares Held by are as follows.

Date at.....................the .....................day of Two thousand and .....................Registering Authority.

NOTICE: - A certificate of Registration is not a document of title. It does not necessarily contain notice of all changes of ownership, and in no case does it contain an official record of any mortages affecting the Vessel. In case of any change of ownership it is important for the protection of the interests of all parties that the change should be registered according to law. Changes of ownership, address or other registered particulars should be notified to the Registering Authority. Should the Vessel be either actually or constructively lost, taken by the enemy, burnt or broken up or cease for any reason to be an Indian Vessel notice thereof, together with the certificate of registration if in existence, should immediately be given to the Registering Authority at the Port of Registry.

 

FORM No. 9

 

Instrument creating Mortgage

 

[see rule 13(1)]

 

Name of the Vessel Official No.

Certificate of Registry No. Place of Registry

Date of Registry

Description of the vessel (whether propelled by mechanical power):

Horse power of Engine:

Hull (Length for identification. .....................)

Equipment:

Boats Length Breadth Depth

No.1 ..........................................

No.2 ..........................................

No.3 ..........................................

Gross Registered Tonnage Net Registered Tonnage and described in more detail in the certificate of survey and book of registry.

I/We the undersigned (Full Name & Address with description of mortgager or mortgagers) in consideration of..................... this day lent by (Full name, address and Description of mortgagee. If joint mortgagees are concerned they shall be described, if the Mortgagee is a Company, the full title and address shall be given).

Me / Us ...............................................................do hereby for Myself / ourselves and my / our heirs, executors or administrators covenant with the said ..........................................Firstly, that (Full Name & Address with description of mortgager or mortgagers) or my/ our heirs, executors, or administrators, will pay to the said..................... the said sum of..................... together with interest thereon at the rate of ..................... percent, per annum on the (Insert day fixed for Payment of Principal Amount) day of.....................next.

Secondly, that if the said principal sum is not paid on the said day (Full Name & Address with description of mortgager or mortgagers) or my/our heirs, executors of administrators, will during as the same or any part thereof remains unpaid, pay to the said..................... interest on the whole or such part thereof as may for the time being remain unpaid, at the rate of____ per cent per annum, by equal halfyearly payments on the ..................... day of .....................and..................... Day of..................... in every year; and for better securing to the said..................... the re-payment in manner aforesaid of the said principal sum and interest.

I/We (Full Name & Address with description of mortgager or mortgagers) hereby mortgage to the said..................... shares of which the owner in the Inland vessel above particularly described, and in her boats, and appurtenances,

Lastly, I/We for myself/ourselves and my/our heirs, executors or administrators covenant with the said..................... and his assigns that I / We have power to mortgage in manner aforesaid the above Mentioned shares, and that the same are free from encumbrances (If any prior encumbrances add, "save as appears by the book of registration of the said vessel" ).

In witness where of I / We have here unto subscribed my / our name and affixed (full name and address with description of the mortgager or mortgagers) seal this day of..................... and Executed by the above named. In the presence of

Witness 1 (Name, Full Address and Signature, Seal) .....................

Witness 2 (Name, Full Address and Signature, Seal) .....................

Mortgage (By Company or Body Corporate) (to secure principal sum and interest) Name of the Vessel Official No.

Certificate of Registry No. Place of Registry

Date of Registry

Description of the vessel (whether propelled wholly or in part by electricity, steam or other mechanical power): Horse power of Engine:

Hull (Length for identification. .....................)

Equipment:

Boats Length Breadth Depth

No.1 ..........................................

No.2 ..........................................

No.3 ..........................................

Gross Registered Tonnage _____________Net Registered Tonnage ___________and as described in more detail in the certificate of survey and book of registry.

We, (Name in full of Company together with its principal place of business) in consideration of..................... this day lent to us by (Full name, address and description of mortgagee. If joint mortgagees are concerned they shall be described, if the mortgagee is a Company, the full title and address shall be given) do hereby for ourselves and our successors covenant with the said ..................... and his / theirs / its assigns firstly, that we or our successors, will pay to the said..................... or his/theirs/its assigns the said sum of ..................... together with interest thereon at the rate of per cent, per annum on the (Insert the day fixed for payment of principal) as above day of.....................next; and

Secondly, that of the principal sum is not paid on the said day, we or our successors will, during such time as the same or any part thereof remains unpaid, pay to the said ..................... or his/theirs/its assigns interest on the whole or such part thereof as may for the time being unpaid, at the rate of..................... per cent, per annum, by equal half-yearly payments on the.....................day of..................... and day of in every year; and for better securing the said..................... the repayment in manner aforesaid of the said principal sum and interest we hereby mortgage to the said..................... share/shares of which we are the Owners in the vessel above particularly described and in her boats and appurtenances.

Lastly, we for ourselves and our successors covenant with the said..................... and his / theirs/its assigns that we have power to mortgage in manner aforesaid the above mentioned shares and that the same are free from encumbrances.(If any prior encumbrances add, "save as appears by the book of registration of the said vessel.")

In witness whereof we have hereunto affixed our common seal this.
..................... day of..................... and the common seal of the.......................................... was affixed hereunto in the presence of ..................... .....................(Description of witnesses, Directors, Secretary as the case maybe)

 

Form No. 10

 

Instrument creating Transfer of Mortgage By Individual or Joint Owners

 

[see rule 13(7)(a)]

 

I / We ______________________the within-
mentioned.......................................... son of .......................................... in consideration of ..................... this day paid to me /us by ........................................................................... hereby transfer to him / them /it ..................... the benefit of the within written security.

In witness whereof I / we have here-un-to subscribed my / our name ..................... and affixed my / our seal this..................... day of ..................... and executed by the above-named..................... in the presence of (Name, address and signature of at least two witness).

(By Company or Body Corporate)

The within-mentioned ..................... in consideration of..................... this day paid to it by..................... hereby transfer to him /them /it the benefit of the within-written security.

In witness whereof we have here unto affixed our common seal this .....................day of .....................

This common seal of the ..................... was affixed in the presence of (Signature and description of at least two witnesses, Directors, Secretary etc. as the case maybe.)

N.B. - In the case of transfer of mortgage it shall be made by endorsement in the above forms.

 

Form No. 11

 

Instrument creating discharge of the mortgage

 

[see rule 13(7)(c)]

 

In case of Mortgage is paid off, a memorandum of its discharge on anyone of the following forms shall be used.

(a) by individual or joint owners

Received the sum of ..................... in discharge of this within written security, dated at..................... day of .....................20.....................

(*) The name and signature of atleast two witnesses.

(b) by companies or body corporate

Received the sum of..................... in discharge of the within-written security.

In witness whereof we have here-un -to affix our common seal this .....................Day of.....................

20.....................at.....................

The common seal of the .......................................... was affixed with presence of ..................... (Description and Signature of at least two witnessesi.e., Director, Secretary etc.)

Form No. 12

 

Application for issuance of provisional certificate of registration

 

[see rule 6(4)]

 

To,

The Registering Authority

I...............................................................

Resident of.......................................... being the Owner/Master of an Inland Vessel ..................... hereby request that the said vessel be provisionally registered and a provisional certificate of registration be issued at ..................... for the reason(s) .....................

I agree to pay such fees as may be payable under the rules. Particulars in respect of the said Vessel are as under.

1.        Owners name and address in full

2.        Occupation

3.        Name of Master and his Certificate No. (if applicable)

4.        Name of Registry and No. if previously registered

5.        When and how the vessel was secured

6.        Kind of vessel, viz. motor, name and address of engine makers with horsepower, speed and the year of make.

7.        Name and address of builders with place and year of build.

8.        Details of Insurance Certificate Enclosures.

(a)      A statement by the owner that the provisions of the Act and these rules have been complied with; A duplicate of the Certificate of Survey;

(b)      Challan receipt evidencing payment of such fees as specified in the schedule for the registration of the vessel.

(c)      Copy of the 3rd party insurance certificate of the vessel duly attested.

(d)      Builders certificate for new vessels

(e)      Instrument of sale (for second hand vessels)

(f)       Mortgage details

(g)      Declaration of Ownership

Place:

Date: Signature of the Owner/ Master of the vessel

FORM No. 13

 

PROVISIONAL CERTIFICATE OF REGISTRATION

 

[see rule 6(4)]

 

Expiry on or before the.....................day of 20.....................(see footnote 1)

Issued by .....................[details of Registering Authority]

PARTICULARS OF VESSEL

PARTICULARS OF PROPELLING ENGINES and MACHINERY, as supplied by Builders, Owners or Engine Makers

Number of Engines:

Combined Power:

Name and address of the engine Maker:

PARTICULARS OF TONNAGE

The tonnages of this vessel in accordance with India Tonnage Certificate are: -

GROSS TONNAGE ..........................tons

NET TONNAGE ..........................tons

A detailed summary of the tonnages for this vessel is shown on the Certificate of Survey

------------------------------------------------------------------------------------------------------

The Number of crew for whom accommodation is certified ..........................

I, the undersigned, Registering Authority at the Port of..........................in ..........................State here by certify that the Inland Vessel the Description of which is prefixed to this Provisional certificate, has been duly surveyed, and that the above Description is true; that.......................... whose Certificate of Competency of Service is No..........................is the Master of the said Vessel, and that the Name .......................... Residence and Description of the Owner.......................... and Number of Tenth Shares Held by are as follows.

Date at..........................the ..........................day of Two thousand and .......................... .......................... Registering Authority

 

NOTE 1: - This Provisional Certificate of Registration, issued under the provisions of section 27(2) of the Inland Vessels Act, 2021 and continues to be in force only until the..........................day of 20..........................