In exercise of powers conferred by sub-section (1)
of section 6 of the Indian ports Act., 1908(Central Act. 15 of 1908) and in
supersession of the Madras Minor Ports Harbour Craft Rules, 1953 and the
Travancore-Cochin Port Cargo Boat Rules and Rules 22 of Port Pier Rules
published under Notification No. P.W.C. 43496/55/P.W.C., dated 18-10-1955
published in Part I of Travancore-Cochin Gazette Dated 25-10-1955 as
subsequently amended, the Government of Kerala hereby make the following rules
for licensing and regulating catamarans plying for hire, and flats and Cargo,
passenger and other boats plying, whether for hire or not, and whether
regularly or only occasionally, in or partly within or partly without any minor
port in the State of Kerala, and for licensing and regulating the crews of any
such vessels and for determining the quantity of cargo or number of passengers
or of the crew to be carried by any such vessels and for providing for the fees
payable in respect of any such license the same having been previously
published in the Kerala Gazette No. 39 Part I dated 7th October 1969 as
required by sub-section (2) of the said section namely . General Rules (1)
These rules may be called the Kerala State Ports Harbour
Craft Rules, 1970. (2)
They shall apply to all minor ports in the State of
Kerala (that is to say to all Ports other than the Major Port of Cochin). Nothing
contained in these rules shall apply to any harbour craft coming from any
system of inland navigation into any port to which these rules apply : Provided
that no such craft shall be permitted to proceed to sea within port limits
without a valid license issued under these rules. In
these rules, unless the context otherwise requires . (a)
"Form" means a form set out in the Appendix to
these rules : (b)
'Harbour craft' means a catamaran playing for hire and
flats and cargo, passenger and other boats, whether propelled by oars or
mechanical, power and plying whether for hire or not and whether regularly or
only occasionally; (c)
'Registering Officer' in relation to a port specified in
column (1) of Schedule means the officer specified in the corresponding entry
in column (2) thereof : (d)
'Schedule' means a Schedule appended to these rules. (1)
No person shall whether as owner or as servant use any
harbour craft to carry goods or passengers to or from any ship or vessel at any
port or from place to place within the limits of any port except under a
license granted by the Registering Officer : Provided
that this sub-rule shall not apply to boats forming part of the equipment of a
ship or steamer or for harbour craft maintained solely for purposes of
pleasure, but the Registering authority may if he thinks fit withdraw the
exemption in respect of any habour craft; after giving the owner thereof an
opportunity for showing cause against the withdrawal. (2)
The total number of harbour crafts to be licensed for
each port shall be fixed from time to time by the Port Officer, Calicut, or the
State Port Officer, as the case may be, in accordance with the actual
requirements of each port. (3)
Every application for a license under this section shall
be made by the owner of the harbour craft to the Registering Officer in Form A
and shall be accompanied by the policy of insurance in respect of the harbour
craft. (4)
On receipt of an application for a license the
Registering Officer shall, survey and measure such harbour craft or cause it to
be surveyed and measured in presence of the owner thereof or of any other
person duly appointed for the purpose by the owner and on being satisfied that
it is seaworthy and for service at the port, grant a license for the harbour
craft. (5)
Every license in respect of a harbour craft granted under
this section shall be in form B and shall be valid for a period of one year
upto 31st August and may be renewed from 1st September. (6)
The Registering Officer of each port shall maintain a
Register of Harbour Craft's licensed for that port, in Form C, which shall be
available for perusal by steamer agents and their accredited contractors,
merchants and owners of cargo or harbour crafts during office hours. (7)
Every harbour craft propelled by mechanical power shall
be surveyed by the Registering Officer by any officer authorized by him to this
behalf, every year prior to the renewal of its license of when the craft is
required to ply hire at any port. Provided
that such survey shall not be necessary in respect of a motor launch less than
6.10 meters (20ft) in length which is licensed for use only inside the harbour
and which does not ply for hire but a running test of such a launch shall be
made by the Registering Officer. (1)
If the owner of a harbour craft is a minor, the license
may be obtained by the guardian of the minor. (2)
If the owner is a woman, who according to the custom of
the country does not appear in public, the license may be obtained on her
behalf by her duly authorized agent. (3)
In her absence, the guardian or the agent as the case may
be, shall be deemed to be the owner for the purpose or these rules. (1)
The owner of every registered harbour craft shall keep
its license in the possession of the Tindal who shall produce the license
whenever called upon to do so by the Registering Officer or by any person duly
authorized by him in that behalf. (2)
A printed copy of these rules and any written directions
Issued by the Registering Officer for carrying the same into effect shall be
supplied by the owner to the tindal, who shall on demand show it to any
consignor or passenger by such harbour craft. (3)
The owner of every registered harbour craft shall ensure
that the tindal understands the said rules and directions and shall obtain a
declaration from him to that effect and produce it whenever required by the
Registering Officer. (1)
Every owner of a registered harbour craft, other than a
catamaran used exclusively for fishing, shall cut or cause to be cut the number
of the harbour craft mentioned in the license on both sides of the hull in
Arabic numerals. (a)
not less than 0.61 metre (2 ft.) square and not less than
76.2 mm. (3 inches) in width if the harbour craft is of a burthen of not less
than 42.45 cubic metres (15 tons), and (b)
not less than 25.4 mm (1ft) square and not less than 38.1
mm 11/2 Inches) in width if the harbour craft is of a burthen of less than
42.45 cubic metres (15 tons). The
number to cut shall be painted transparent, on a black background. (2)
Every owner of a registered harbour craft, other than a
catamaran used exclusively for fishing, shall in addition, paint in transparent
before the number of the harbour craft, the appropriate letters mentioned in
Schedule II to indicate the Port of Registry, in the same size as that of the
number of the harbour craft. (3)
No person shall out of paint or cause to be cut or
painted any harbour craft not duly registered any such number of letters as
aforesaid, or any other mark likely to induce the belief that such harbour
craft has been registered. (1)
No registered harbour craft which has changed ownership
shall ply without obtaining fresh license; (2)
No registered harbour craft which has been mortgaged by
the owner or otherwise passed from his control shall ply without its license
being endorsed by the Registering officer within six days after the change of
ownership or control; Provided
that pending the approval of the Central Government under section 426 of the
Merchant Shipping Act., 1958 (Central Act.) for the transfer of a harbour craft
and its re-registration it may, on a temporary pass valid for a period of three
moths issued in favor of its prospective owner in exchange for its existing
license, be allowed to ply subject to the condition that the pass is liable to
the cancelled at the discretion of the officer issuing it. (1)
Whenever the tindal of any registered harbour craft is
changed or any alteration in such harbour craft is made so as to affect any of
the particulars contained in the license granted for it such change or
alteration shall, within 48 hours after it has occurred, be reported by its
owner or owners to the Registering Officer. (2)
In case of change of tindal or any alteration in the
harbour craft not affecting its carrying capacity, the harbour craft shall not
ply until the report mentioned in sub-rule (1) is made, and in case of change
of tindal until the tindal has also been produced before the Registering
Officer. (3)
On such report or on production of tindal, as the case
may be, the Registering officer shall amend the original license held by the
owner of owners and in case of tindal also the register kept under Rule 10. (4)
In case of any alteration in the harbour Craft affecting
its carrying capacity, the original license held by the owner or owners shall
be cancelled and a fresh license issued by the Registering Officer, after the
harbour craft has been re-measured, and the harbour craft shall not ply until
such fresh license has been issued. Provided
that if any labor craft was away from the port at the time when such change or
alteration takes place, the change or alteration shall be reported to the
Registering Officer within 48 hours of its return to the port. (1)
Every harbour craft having a carrying capacity of 42.45
cubic metres (72 tons) and above shall have a person who had training in the
duties of a tindal at the Tindal's Training Centre. (2)
Every year, in the month September, on a date to be fixed
by the Registering Officer, the owner of every registered harbour craft shall
produce before the Registering Officer the tindal and crew of such harbour
craft with a view to verify the correctness of the entries in the register
mentioned under sub-rule (6) of rule 4 : Provided
that if such harbour craft is away from the port on the date fixed for
production of the tindal and crew the owner shall produce the tindal and crew
within 24 hours after its return. (3)
For dispensing with the services of the crew or the
tindals, a record of reasons therefor shall be furnished to the satisfaction of
the Registering Officer. (a)
in the case of crew by the tindal concerned and (b)
in the case of tindal, by the respective owner concerned; Provided
that the owner shall report any change in crew to the authorities of the port
where the change takes place and that port authority in turn shall intimate the
change to the Registering Officer in respect of the harbour craft provided
further that the owner also shall report the change in crew to the Registering
Officer when the craft returns to the Port of Registry; Provided,
also that whenever any dispute arises on the termination of the service of a
tindal or crew the decision of the Registering Officer thereon shall be
accepted as final by the owners or tindals as the case may be. (4)
Every change of tindal and crew of a harbour craft shall
be endorsed on the reverse of the license by the Port Authorities on payments
of the prescribed fees for each such change. (5)
The Registering Officer may suspend or dismiss a tindal
or other member of the crew for acts of proved misbehavior or neglect of duty. (1)
Every year in the month of September, the owner of every
registered harbour craft shall produce It together with its license for
inspection by the Registering Officer at such place as he may appoint for the
purpose. (2)
In addition to the inspection provided in sub-rule (1)
special or partial inspection may be held by the Registering Officer or by any
person duly authorized by him at such times as the Registering Officer may
consider necessary. (3)
At all inspections under this rule the harbour craft
shall have its full complement of crew and equipment and no person who is not a
certified person as required by these rules, or who in the opinion of the
Registering Officer, is unaccustomed to the use of the harbour craft or is
inefficient, shall be employed or registered as a tindal. (4)
The Registering Officer may on the recommendations of the
Director General of Shipping or any officer authorized in his behalf suspend or
prohibit from further employment in any capacity in any registered harbour
craft, a tindal or any member of his crew serving in any registered harbour
craft employed on a voyage from port to port for inefficiency in the handling
of the harbour craft or neglect of duty. (1)
The owner of every registered harbour craft shall execute
such repairs thereto as the Inspecting Officer may direct to order to render in
efficient, and no owner or other person shall use any such harbour craft or
cause or permit to be used until such repairs have been duly executed and the
Registering Officer has granted permission for its use. For the purpose of such
repairs, the owner shall cause the harbour craft to be hauled up only at such
place or places on the foreshore as the Registering Officer may from time to
time direct. (2)
All major repairs to the boiler, machinery or hull of a
registered harbour craft shall be subject to the supervision of the Engineer
and Ship surveyor, Cochin. The Master or owner of such harbour craft, shall
before the commencement of the repairs, pay the fees and other expenses to the
Engineer and Ship Surveyor as per rates fixed by him from time to time. Explanation.-
For the purpose of this sub-rule the Registering Officer shall decide whether a
particular work should be regarded as major repairs or not and his decision
shall be final. (1)
The owner of every registered harbour craft shall provide
it with such full complements of new and with such equipment as may be
determined by the Registering Officer and entered in the license. (2)
The tindal of the harbour craft shall not have on board
more or less, than the number of crew prescribed in the license, for fine or
rough weather according as the harbour craft plies in fine or rough weather or
and shall not carry passengers or goods, in excess of the number or quantity
entered in the license for the harbour craft and shall make full delivery of
the cargo entrusted to him. (1)
No tindal or any member of this crew serving in any
registered harbour craft shall, without reasonable excuse, obstruct or hinder
the loading, discharging or service of such harbour craft or vessel or outside
or hinder any steamers working in the port or the traffic of vessels in the
port generally. (2)
All licensed harbour craft shall, when under way observe
the rule of the road at sea. If
the owner or the tindal in-charge of registered harbour craft plying regularly
for hire refuse to allow such harbour craft to ply for the hire when required
to do so without reasonable excuse, of which the Registering Officer shall,
subject to the appeal provided in rule 25 be the sole judge, the license of
such harbour craft shall be liable to be revoked by the Registering Officer. (1)
No registered harbour craft shall ply within the limits
of the Port. (a)
between the hours of 6 p.m. and 6 a.m without previous
permission of the Registering Officer, or (b)
When flag 'S' by day or one red light by night indicating
bad weather of high sea is displayed from the port flag staff. (2)
When either of the signal referred to in clause (b) of
sub-rule (1) is hoisted at the port flag staff, all harbour crafts shall return
to the shore at once and shall not ply again, without the special permission of
the Registering Officer until the signal is hauled down. (1)
No person shall load a registered harbour craft with
passengers or with animals or other cargo in contravention of the terms of its
license. (2)
No tindal of any registered harbour craft shall permit
any passenger to be transported in it, unless the harbour craft is fitted with
seating accommodation for each passenger and is provided with suitable awning
and weather cloths to give necessary protection from sun and weather and
complies with such other requirement as may be imposed by the Registering
Officer in respect of labor craft carrying passengers. (3)
Passengers and cargo other than animals may be carried at
the same time to only to a registered harbour craft propelled by mechanical
power. (4)
No tindal of any registered harbour craft shall permit
any animal to be loaded in it unless this harbour craft has been provided with
and ballast or straw sufficient to form a flat floor and unless such other
requirements as may be imposed by the Registering Officer in respect of the
harbour craft have been complied with. (5)
Where animal are carried in a registered harbour craft no
other cargo or passengers shall be carried therein. (6)
The registered harbour craft may carry both cargo and
mazdoors (not being passengers), provided that the total weight of cargo and
mazdoors does not exceed the maximum load allowed for the harbour craft and
that there are sufficient life saving appliances on board. Explanation.-
Passengers included any person not being one of the crew of the craft or
mazdoors going to and from steamers. Whenever
the number of passengers or the quantity of cargo in a harbour craft exceeds
the number of quantity entered in the license, or the cargo is not properly
stowed, the tindal or owner shall before starting from the vessel or from the
shore, require any passenger to leave the harbour craft or any consignor,
consignee or shipping or landing agent to remove from the habour craft the
whole or any part of the cargo. No
person shall load, or cause to be laden, any licensed harbour craft with cargo
in such a manner as to cause or likely to cause loss or damage to such cargo or
to endanger the safety of the harbour craft. The
owner of every registered harbour craft shall instruct the tindal of such
harbour craft to pay immediate attention in the following signal of commercial
code when displayed from the port flag staff namely: Flag
'S' All harbour crafts to return at once to the harbour or landing place. Flag
'K' Surf is impassable. Flag
'M' Ebb current is strong rendering navigation over bar dangerous Flag
'N' Harbour craft can leave the harbour Flag
'F' Harbour craft can enter the harbour and also the harbour craft muster flag
a square blue flag with four parallel and bars running crosswise which will be
displayed on the port flag staff when the Registering Officer desires to carry
out an inspection under rule 11 No
tindal or other person in charge of or navigating any registered harbour craft
shall attempt to make such harbour craft fast to any mooring buoy or take along
wide of a vessel approaching an anchorage before such vessel has come to anchor
or been moored to a buoy. All
passengers and goods shall be landed or shipped in such places within the
limits of the ports as the Registering officer may appoint, and no person shall
ship or land passengers or goods outside such limits unless the sanction of the
port and customs officers at the port has been previously obtained. (1)
No owner of any registered harbour craft licensed to ply
for hire and no person deputed by any owner of such harbour craft to carry any
cargo or passengers for hire, shall demand a rate of hire exceeding [1][the
rate specified in schedule IV] for the carriage of any such cargo or
passengers. (2)
No owner and no tindal or member of the crew of a
registered harbour craft shall demand or accept any gratification or present
from the passengers thereon during the course of its trip between ship and
shore or from place to place whether within or without the port limits. (1)
Registering Officer may revoke the license in respect of
any craft not produced for annual inspection for a period of three years from
the date of registry or from the date of last annual inspection, as the
case may be, if the owner or owners thereof fail to show reasonable cause for
such non-production. (2)
The registering Officer may also revoke the license in
respect of any harbour craft owned by a person if such person has been
convicted of a breach of any of these rules, generator special, or has been
found guilty of a breach of any of the provisions of the Customs, Act., 1962
(Central Act.) or the rules or notifications issued thereunder and the
Registering Officer may also require the owner of a harbour craft, on pain of
cancellation of his license, to dismiss from the charge of the harbour craft
any tindal, if such tindal, or any member of his crew has been convicted of
such breach. (3)
The Registering Officer may further revoke the license of
any registered harbour craft, if he has reason to believe that such harbour
craft has been, is being, or is about to be engaged in smuggling of food
grains, or any other commodity or articles, and on the revocation of the
license, the tindal of such harbour craft may be prohibited from further
employment in any capacity in any registered harbour craft and if any owner
employs such tindal in contravention of such prohibition, all or any other
licenses issued to him may be revoked. (1)
An appeal from any of the decisions of the Registering
Officer specified in sub-rule (1) of Schedule I upon any matter arising in
connection with any of these rules, general or special shall be to the
appellate authority specified in the corresponding entry in column (2) thereof
to the concerned. (2)
Such appeal under sub-rule (1) shall be preferred in
writing within seven days after the decision of the Registering Officer has
been communicated in writing to the party or parties concerned and the decision
of the appellate authority thereon shall be final. Merchants
or other owners of goods and shipping and landing agents and their contractors
shall make their own arrangements with the owners of registered harbour crafts
for the harbour crafts required for shipping and landing and for passengers: Provided
that they shall engage at the Port of Trivandrum only harbour crafts allotted
by the Port Conservation on each occasion and the harbour crafts shall be
allotted in strict rotation except in cases where special harbour crafts or
specialized labor are required for any special cargo and that the person who
engages the harbour craft shall pay to the owners according to the usual rate
of hire and receipts therefore shall be produced to the Port Conservator,
provided further that the Registering Officer shall have the powers to
requisition any harbour craft for any service of Government. [2][(1)
The Following fees shall be leviable for the survey, registration, licensing
and inspection and endorsing change of tindals and crew of harbour crafts,
namely. Purpose Harbour craft
other than canos and shore dhonies Canos and shore
dhonies Catamarans
plying for hire Mail boat (1) (2) (3) (4) (5) 1. For each
survey and measurement as required by these rules provided the harbour craft
is found sea-worthy 40.00 20.00 20.00 12.00 2. On each
occasion of a harbour craft being found unseaworthy on being inspected, or
surveyed 20.00 12.00 12.00 8.00 3. For
registration on each of the occasions prescribed by these rules. 40.00 12.00 12.00 8.00 4. For granting
a license on each of the occasions prescribed by these rules. 40.00 20.00 20.00 12.00 5. For each
annual inspection provided the harbour craft is found sea-worthy 20.00 20.00 20.00 12.00 6. For endorsing
change of tindal or crew. 12.00 8.00 8.00 8.00 7. For issuing
duplicate license when the original license has been proved to the
satisfaction of the Registering officer to have been lost or mislaid or when
it has been rendered illegible. 20.00 8.00 8.00 8.00 Provided that
the fee payable for the following purpose in respect of a Motor Fishing
Vessel upto 15.24 metres (50ft.) in length shall be a follows. L For registration
on each occasion prescribed by these rules Rs. 200 (Rupees
Two hundred only) (ii) For each annual
inspection Rs. 200 (Rupees
Two hundred only) Note
.1. No fees shall be levied for amending a license or register. 2.
Annual inspection fee is leviable only for the year in which the vessel is
licensed to play and licenses for such craft are not to be cancelled except in
cases of conviction by a Magistrate. 3.
If the inspection for registration and annual inspection of a Motor Fishing
vessel upto 15.24 metre (50ft.) in length are to be done on Sunday or a
holiday, the fee shall be charged at double the prescribed rates. 1 (2) In addition to
the fees prescribed in sub-rule (1) a fee of Rs. 200 shall be levied for
surveying a harbour craft propelled by mechanical power on each occasion it is
required to be surveyed that is, at the time of the issue of the license for
the first time of its renewal annually. The entire fees so collected shall be
paid to the Officer surveying the craft: Provided
that the fees payable under this sub-rule in respect of a motor fishing vessel
shall be Rs. 130 (Rupees one hundred and thirty only). Provided
further also that if the survey is conducted on a holiday on the specific
request of the party concerned, a fee of double the above rates shall be levied
and paid to the Officer surveying the craft: Provided also that this sub-rule
shall not apply to a motor launch less than 6.10 metres in length which is licensed
for use only inside the harbour and which does not ply for hire. Note
.1. The survey fees shall first remitted to the receipt head of the Department,
and then drawn and disbursed to the surveying Officer, at the end of each
month. Note
.2 The Surveying Officer shall report in Form 'D' the conditions of the hull
and machinery of the harbour craft and the times for which her full hull and
machinery will probably be sufficient. The Registering Officer shall not
license any such harbour craft will her hull and machinery have been declared
by the Surveying Officer to be sufficient for the service intended and in good
condition and the license granted under these rules in respect of such harbour
craft shall unless revoked as provided for in these rules, be in force for one
year from the date of survey of the hull and machinery, if such harbour craft
shall be reported to the Registering Officer as sufficient for so long.
Otherwise such license shall be granted only for the time for which the hull
and machinery, of such harbour craft is reported sufficient. The fee referred
to in sub-rule (2) paid in advance by the owner of any such harbour craft
to the Registering officer for any such survey, shall be paid by the
Registering Officer to the person making the survey on receipt of his report. Note
.3. The survey and inspection of mechanized fishing vessels not exceeding 15
tons net shall be done by Port Officer. Calicut, the State Port Officer as the
case may be and the report of inspection shall furnished in Form 'E' Should
cargo be damaged or jettisoned by the carelessness or any wanton act of the
owner of a registered harbour craft or of the men employed by them, the owner
of the craft shall be held responsible for the cargo so damaged or jettisoned
and likewise for any plunder of theft of cargo during transit. All
disputes regarding service of the harbour craft between shippers or passengers
and owner or owners of the harbour craft or tindal or crew shall be decided by
the registering Officer, who shall have power to suspend any tindal or crew
from acting as such for term not exceeding one month for the infringement of
any rule or insubordination, subject to the appeal provided for in rule 25. The
licenses of one or all the harbour crafts belonging to an owner or owners who
have been convicted for infringing any of the foregoing rules, or for
disobedience of lawful orders issued by the Registering Officer or for wanton
act committed by himself or his men resulting in loss of, or damages to, cargo
entrusted for safe carriage to, or from ship shall be liable to be withdrawn,
subject to the appeal provided for in rule 25. Prosecutions
under these rules may be conducted by the Registering Officer or any person
deputed by him. Notwithstanding
anything contained in these rules the State Port Officer or the Port Officer,
Calicut, as the case may be, may at any time suspend all or any of the powers
conferred by these rules on a Registering Officer subordinate to him and upon
such suspension the State Port Officer or the Port Officer, Calicut, as the
case may be, shall himself exercise all or any of such powers until the
suspension order is cancelled. Special Rules Part A - Fishing
Boats or Catamarans (1)
Every
built up boat of five tons and over and every boat (including a catamaran
Plying for hire) not exclusively used for fishing, shall be registered and the
owner of every such boat, shall obtain a license and every such boat, other
than catamaran shall carry on one of its sails and on each of its sides a
number to be assigned to it by the Registering Officer at the time of
registration together with the name of the port of which it was registered and
no person shall use any such boat for the purpose of fishing, until it has been
registered and license obtained for it, and in the case of a boat other than
Catamaran a number and a port name have been placed upon it as described above: Provided that, the owner of a boat which has
been registered and licensed under the rules for the time being in force in any
port in the State shall not be require to registered it and take out a license
in any other port. (2)
No
such boat shall engage in illicit emigration or other activity in contravention
of the conditions of the license. (3)
The
Registering Officer may revoke the license of such boat if he has reason to
believe that it has been or is being or is about to be engaged in illicit
emigration. (4)
Every
owner of catamarans of fishing hooks exclusively used for fishing from any part
of the pier or stage or wharves shall obtain a permit in Form 'F' from the
Registering Officer on payment of the license fee of Rs. 5 (five) during the
monsoon period. (1)
No
tindal or other person in charge of or navigating registered cargo boat shall
allow a fishing boat or a catamaran to be within ten yards of her when such
cargo-boat is plying between the ship and shore. (2)
No
person in-charge of or navigating a fishing boat or a catamaran shall allow it
to go alongside a steamer or ship while discharge or shipment of cargo is in
progress. (3)
Any
tindal who is found, by the Registering Officer, to have contravened the
provision of sub-rule (1) or sub-rule (2) may be prohibited from further
employment in any capacity in any registered harbour craft and if any owner
employs such tindal in contravention of such prohibition all or any of license
issued to him may be revoked. (4)
The
license of any boat, which is found by the Registering Officer to have
contravened provisions of sub-rule (1) or sub-rule (2) shall be liable to be
revoked. The Registering Officer may, in his
discretion, in lieu of taking action under sub-rule (3) of Rule 33 or under
sub-rules (3) or (4) of rule 34 accept such some of money by way of penalty as
he may fix. All such sums shall be credited to the receipt head of the
Department. Part B-Vessels
Propelled by power In this part- (a)
"Steam
Vessel" means a vessel propelled wholly or in part by the agency of steam: (b)
"motor
vessel" means vessel other than a steam vessel propelled wholly or in part
by electricity or other mechanical power. No mechanically powered vessel, except a
vessel exempted under these rules, shall ply within the port limits without
obtaining a license under these rules. Every mechanically propelled vessel shall,
when in use and whether plying for hire or not, have on board at least one
master of Syrang and one Engineer or engine driver possessing- (a)
certificate
of competency on the Form 'G' granted by the State Port Officer, Kerala, in
respect of vessels propelled by motor or steam engines as the case may be after
examination by him of any local Port Officer in the case of Master and Serangs
, and by the Dredging Superintendent of the Kerala Port Department, [3][or
the Chief Mechanical Engineer Port Department, Possessing Certificate of
competency as Engineer issued by the Ministry of Transport, Government of
India] in the case of Engineers and Engine drivers; or (b)
a
suitable certificate granted under the Inland Steam Vessels Act, 1917 (Central
Act. of 1917) or the Merchant Shipping Act, 1958 (Central Act. 44 of 1958). Provided that an inland motor vessel of not
more than 20 B.H.P., the length of which measured from the fore part of the
steam to the after part of the stem post does not exceed 9.15 metres (30 ft.)
which is used exclusively for personal recreation by the owner or his family or
friends need not carry a Master, Syrang, Engineer or Engine Driver possessing
the certificate, but may be navigated by the owner or any other person
possessing a permit granted by the State Port Officer, Kerala. Provided further that a catamaran or other
harbour craft fitted with an outboard motor and plying within the limits of
ports shall be navigated by a person holding both a certificate of competency
as Syrang and a permit granted by the Port Officer, Calicut or the State Port
Officer, for operating the outboard motor. (1)
Every
applicant for a certificate of competency as Master of Syrang shall be not less
than 21 years of age and shall have served for not less than three years in a
harbour craft propelled by mechanical power. (2)
Every
applicant for a certificate of competency as Engineer or Engine Driver shall be
not less than 21 years of age, and (a)
must
have served- (i)
for
a period of one year as an apprentice in the making or repairing of steam of
motor engines, and (ii)
for
period of two years in a vessel propelled by engines similar to those of the
vessel in respect of which the certificate is required, or (b)
for
three years in a vessel propelled by engine similar to those of the vessel in
respect of which the certificate is required. (3)
Persons
applying for certificate of competency in the case of Government craft shall
submit their applications through the Port Officer, Calicut or Senior Port
Conservator or Port Conservator concerned, as the case may be, who shall
transmit it to the State Port Officer with his recommendations as to the
suitability of the Candidates to be examined for service if their services are
actually required immediately or within a period of twelve months. (4)
Person
applying for certificate of competency for employment in commercially or
privately owned vessels shall submit their applications through the owners
concerned to the Port Officer, Calicut, or the Senior Port Conservator, or the
Port Conservator having jurisdiction over the port in which the craft plying
and the officers shall transmit the application to the State Port Officer,
Kerala with his recommendations as to the suitability of the candidates to be
examined for the certificates required. (5)
Every
such application for examination shall be accompanied by a crossed postal order
for an amount of [4][Rs.
20] in favor of the State Port Officer. This amount of fee will not be
refunded. (6)
The
applicant shall be examined by the Port Officer, Calicut, or the State Port
Office or the Dredging Superintendent [5][or
the Mechanical Engineer, Port Department, Possessing Certificate of competency
as Engineer issued by the Ministry of Transport, Government of India] as the
case may be, at the respective ports and if the applicant is found to have
qualified for the certificate applied for, he will be granted the certificate
in Form 'G' on payment of a fee of [6][Rs.
100.] (7)
Syllabus
for examination for the grant of certificates of competency as Master or Syrang
and as Engineer or Engine Driver shall be as provided in Schedule III. Savings. A person employed immediately before
commencement of these rules, as Master Syrang, Engineer or Engine Driver of a
Vessel and in possession of a certificate granted under any of the Acts
refunded to the clause (b) of rule 38 or under the Madras Minor Ports Harbour
Craft Rules, 1953 of under the Travancore-Cochin Port Cargo Board rules, shall
be deemed to have qualified to perform the duties under these rules also. (1)
One
half of the fee prescribed by rule 39 shall be levied for the grant of a
duplicate certificate of competency when the original certificate of competency
has been proved, to the satisfaction of the State Port Officer, to have been
defaced, lost, destroyed or rendered illegible. (2)
Every
person to whom a duplicate certificate has been issued after the original has
been lost shall, if he subsequently finds the lost one, forthwith return the
original to the State Port Officer, Kerala. Every motor vessel shall be provided with a
sand box and an approved patent fire extinguisher of suitable capacity for
extinguishing fire. The owner of such vessel shall keep it free from oil
refuse. [1] Substituted
by SRO 558/97. [2] Substituted
by S. R.O. 641/97 pub. in K. G. Ex. No 1112 dt. 14-8-1997. [3] Inserted
by S.R.O.1333/87 pub. in K. G. No. 40 dated 13-10-1987. [4] Substituted
by S.R.O. 641/97. [5] Inserted by S.R. 01333/87 pub. in K.
G. No. 40 dated 13-10-1987. [6] Substituted
by S.R.O. 641/97.THE KERALA STATE PORTS HARBOUR CRAFT
RULES, 1970
PREAMBLE