Preamble - MERCHANT SHIPPING (MANAGEMENT FOR THE SAFE OPERATION OF SHIPS) AMENDMENT RULES, 2014
MERCHANT SHIPPING (MANAGEMENT FOR THE SAFE OPERATION OF SHIPS) AMENDMENT RULES, 2014
PREAMBLE
In exercise of the powers conferred by Section 457 of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby makes the following rules further to amend the Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000, namely:-
Rule 1 - RULE 1
(1) These rules may be called the Merchant Shipping (Management for the Safe Operation of Ships) Amendment Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 - RULE 2
In the Merchant Shipping (Management for the Safe Operation of Ships) Rules, 2000 (hereinafter referred to as the principal rules), in rule 2,-
(A) after clause (g), the following clause shall be inserted, namely:-
(ga) "Code", means the International Safety Management Code for the Safe Operation of Ships and Pollution Prevention as adopted by Resolution A. 741(18) by the International Maritime Organisation Assembly;
(B) for clause (h), the following clause shall be substituted, namely;-
'(h) "company" means a company as defined in Section 3 of the Companies Act, 1956, who is the owner of the ship or any other organisation or person or the bareboat charterer, responsible for the operation of the ship;';
(C) for clause (o), the following clause shall be substituted, namely:-
'(o) "major non-conformity" means an identifiable deviation that poses a serious threat to the safety of personnel or the ship, or a serious risk to the environment that requires immediate corrective action or the lack of effective and systematic implementation of a requirement of the Code;';
(D) after clause (s), the following clause shall be inserted, namely:-
'(sa) "recognised organisation" means a person or body of persons, notified under sub-section (1A) of Section 9 of the Act;'.
Rule 3 - RULE 3
In the principal rules, in rule 4, for clause (in), the following clause shall be substituted, namely:-
"(iii) assessing all identified risks to the ships, personnel and the environment and establishing appropriate safeguards; and";
Rule 4 - RULE 4
In the principal rules, in rule 5,-
(A) for sub-rule (1), the following sub-rule shall be substituted, namely:-
"(1) An Interim Document of Compliance shall be issued by the Chief Surveyor with the Government of India to a company after an initial verification of compliance with the requirements of the Code, for which purpose-
(a) the auditor shall verify that the establishment and implementation of the Safety Management System meet the objectives specified in rule 3, and on satisfactory completion of such verification, the auditor shall present a report to the Central Government; and
(b) where such report is found satisfactory, the Chief Surveyor with the Government of India shall issue a Document of Compliance in Form-4, valid for a period of five years from the date of completion of assessment if there are no major non-conformities, or from the date of satisfactory closure of major nonconformities, as the case may be.";
(B) in sub-rule (6), -
(I) in the opening portion, for the words "Central Government", the words "Chief Surveyor" shall be substituted;
(II) for clause (e), for the words "Central Government", the words "Chief Surveyor" shall be substituted;
(C) in sub-rule (8), for the words "A Safety Management Certificate (SMC) shall be issued by the Central Government", the words "A Safety Management Certificate or an Interim Safety Management Certificate, as the case may be, shall be issued by the Chief Surveyor in Form 3 or in Form 1 respectively by the Chief Surveyor" shall be substituted;
(D) in sub-rule (14),
(I) for the words "Central Government", the words "Chief Surveyor" shall be substituted;
(II) for clause (f), for the words "Central Government", the words "Chief Surveyor" shall be substituted;
(E) after sub-rule (16), the following sub-rules shall be inserted, namely:-
"(17) If a ship at the time when a Safety Management Certificate expires is not in a port in which it is to be verified, the Chief Surveyor may extend the period of validity of the Safety Management Certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be verified and only in cases where it appears proper and reasonable to do so.
(18) No Safety Management Certificate shall be extended for a period longer than three months, and the ship for which an extension is granted shall not, on its arrival at the port in which it is to be verified, be entitled by virtue of such extension to leave that port without having a renewed Safety Management Certificate.
(19) When the renewal verification is completed, the renewed Safety Management Certificate shall be valid for a period not exceeding five years from the expiry date of the existing Safety Management Certificate before the extension was granted."
(A) In the principal rules, in rule 6,-
(A) in sub-rule (1), for the words "Central Government", the words "Chief Surveyor" shall be substituted;
(B) In sub-rule (2), for the words "Central Government", the words "Chief Surveyor" with the Government of India shall be substituted.
(B) In rule 7 of the principal rules, in sub-rule (2), the Explanation shall be omitted.
(C) In the principal rules, after rule 9, the following rule shall be inserted, namely:-
"10. Penalty.-
Any company which operates a ship in contravention of provisions of these rules shall be punishable with fine as provided in clause (b) of sub-rule (2) of Section 458 of the Act".
(D) In the principal rules, for the forms the following forms shall be substituted, namely:-
"FORM-1
INTERIM SAFETY MANAGEMENT CERTIFICATE
[Issued by the Chief Surveyor with the Government of India under rule 5 (8) and the provisions of the International Convention for the Safety of Life at Sea, 1974]
Name of Ship:
Distinctive Number or letters:
Port of Registry:
Type of Ship*:
Gross Tonnage:
IMO Number:
Name and Address of Company:
Company Identification No:
This is to certify that the requirements of paragraph 14.4 of the ISM Code have been met and that the Document of compliance/Interim Document of Compliance** of the Company is relevant to the ship.
This Interim Safety Management Certificate is valid until........................... subject to the Document of Compliance/Interim Document of Compliance** remaining valid.
Completion date of the verification on which this certificate is based.....................
Issued at
Date of issue
|
Certificate No.
(Seal or stamp of issuing authority) |
..............................................................
Chief Surveyor with the Govt. of India
Directorate General of Shipping,
Mumbai |
*Insert the type of ship from among the following: Passenger Ship: Passenger High-Speed Craft: Cargo High-Speed Craft: Bulk Carrier: Oil Tanker: Chemical Tanker: Gas Carrier: Mobile Offshore Drilling Unit: Other Cargo Ship.
**Delete as appropriate
The validity of this Interim Safety Management Certificate is extended to............................................................
Date of extension.............................................................................................................................
Chief Surveyor with the Govt. of India Directorate General of Shipping, Mumbai
(Seal or stamp of the issuing authority)
FORM-2
INTERIM DOCUMENT OF COMPLIANCE
[Issued by the Chief Surveyor with the Government of India under rule 5 (I) and the provisions of the International Convention for the Safety of Life at Sea, 1974]
Name and Address of the Company:....................................
Company Identification Number:........................................
THIS IS TO CERTIFY THAT the safety management system of the company has been recognized as meeting the objectives of paragraph 1.2.3 of the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) for the type(s) of ships listed below:
(Delete as appropriate)
Passenger ship
Passenger high-speed craft
Cargo high-speed craft
Bulk carrier
Oil tanker
Chemical tanker
Gas carrier
Mobile offshore drilling unit
Other cargo ship
This Interim Document of Compliance is valid until.......................................
Completion date of the verification on which this certificate is based..................
Issued at.......................................................
Date of issue................................................
Certificate No.................................................
...........................................................
Chief Surveyor with the Govt. of India Directorate General of Shipping, Mumbai
(Seal or stamp of issuing authority)"
FORM-3
SAFETY MANAGEMENT CERTIFICATE
[Issued by the Chief Surveyor with the Government of India under rule 5(8) and the provisions of the International Convention for the Safety of Life at Sea, 1974]
Name of Ship:
Distinctive Number or Letters:
Port of Registry:
Type of ship*:
Gross Tonnage:
IMO Number:
Name and Address of Company:
Company Identification Number:........................................
THIS IS TO CERTIFY THAT the Safety Management System of the ship has been audited and that it complies with the requirements of the International Management Code for the Safe Operation of ships and for Pollution Prevention (ISM Code), following verification that the Document of Compliance for the Company is applicable to this type of ship.
This Safety Management Certificate is valid until.................subject to periodical verification and the Document of Compliance remaining valid.
Completion date of the verification on which this certificate is based.....................
Issued at
Date of issue
Certificate No.
Chief Surveyor with the Govt. of India Directorate General of Shipping, Mumbai
(Seal or stamp of issuing authority)
*Insert the type of ship from among the following : Passenger Ship: Passenger High-Speed Craft: Cargo High-Speed Craft: Bulk Carrier: Oil Tanker: Chemical Tanker: Gas Carrier: Mobile Offshore Drilling Unit: Other Cargo Ship. Certificate No..................
Endorsement of Intermediate Verification and Additional Verification (if required)
THIS IS TO CERTIFY THAT at the intermediate verification in accordance, regulation 6.1, Chapter IX of the Convention and paragraph 13.8 of the International Safety Management Code, the Safety Management System was found to comply with the requirements of the ISM Code.
|
Intermediate Verification
(to be completed between second and third anniversary date)
(Stamp)
Additional Verification* |
Signed....................................
(signature of the authorized official)
Place.............................................
Date..............................................
Signed.....................................
(signature of the authorized official) |
|
(Stamp)
Additional Verification* |
Place...........................
Date................................. |
|
|
Signed....................................
(signature of the authorized official)
Place...........................
Date.................................. |
|
(Stamp)
Additional Verification*
Signed................................................ |
(signature of the authorized official)
Place...........................
Date.................................. |
*If applicable. Reference is made to the relevant provisions of Section 3.2 "Initial verification" of the Revised Guidelines on Implementation of the International Safety Management (ISM) Code by Administrations adopted by the Organisation by Resolution A. 1022(26).
FORM-4
DOCUMENT OF COMPLIANCE
[Issued by the Chief Surveyor with the Government of India under rule 5(1) and the provisions of the International Convention for the Safety of Life at Sea, 1974]
Name and Address of the Company:.......................................................
Company Identification Number:........................................
THIS IS TO CERTIFY THAT the safety management system of the company has been audited and that it complies with the requirements of the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code), for the types of ships listed below: (Delete as appropriate)
Passenger ship
Passenger high-speed craft
Cargo high-speed craft
Bulk carrier
Oil tanker
Chemical tanker
Gas carrier
Mobile offshore drilling unit
Other cargo ship
This Document of Compliance is valid till.................................................
Completion date of the verification on which this certificate is based.....................
Issued at...........................................................................
Date of issue.................................................................
Certificate No.
|
(Seal or stamp of issuing authority)
Certificate No. |
..............................................................
Chief Surveyor with the Govt. of India
Directorate General of Shipping,
Mumbai |
ENDORSEMENT FOR ANNUAL VERIFICATION
THIS IS TO CERTIFY THAT, at the periodical verification in accordance with regulation 6.1, Chapter IX of the Convention and paragraph 13.4 of the ISM Code, the safety management system was found to comply with the requirements of the said Code.
|
1st Annual Verification |
Signed...............................
(signature of the authorized official) |
|
(Stamp)
2nd Annual Verification |
Place................................
Date................................... |
|
|
Signed....................................
(signature of the authorized official)
Place...................................................
Date......................................... |
|
(Stamp)
3rd Annual Verification |
Signed..................................
(signature of the authorized official)
Place....................................
Date..................................... |
|
(Stamp)
Additional Verification |
Signed..................................
(signature of the authorized official)
Place..................................................
Date............................................ |
|
(Stamp)
Additional Verification |
Signed..................................
(signature of the authorized official) |
|
|
Place.....................................
Date....................................... |
|
(Stamp) |
|
11. In the said rules, after the form "Endorsement for periodical verification and additional verification (if required)", the following new form shall be inserted, namely:--
"Certificate No.
Endorsement to extend the validity of the certificate until reaching the port of verification where Part B 13.12 of the International Safety Management Code applies or for a period of grace where Part B 13.14 of the said Code applies.
This certificate should, in accordance with part B 13.12 or part B 13.14 of the International Safety Management Code, be accepted as valid until....................
Signed........................ (Signature of authorised official) Place.......................... Date...........................
(Seal or stamp of the authority, as appropriate)".
