explanation—for the purposes of clause (e) and (f) of s section (4), any person holding a certificate of competency as ¢ marine engineer officer class i or class ii shall be deemed to be a duly certificated engineer of a fishing vessel, and for the purp of clause (g) of that sub-section, a person holding a certificat competency as engine driver of a sea-going ship shall be d to be a duly certificated engine driver of a fishing vessel", af 4, for settion 78 of the principal act, the following section substituted, namély:— substitution of new section for section 78 grades of certificates of "78 (1) certificates of competency shall be granted in with the provisions of this act for each of the i namiely;— competency extra master; master of a foreign-going ship; first mate of a foreign-going skipper grade t of a fishing vessel; 7 skipper grade ii of a fishing 5 : mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; + dredger master grade i; | _ dredger master grade ii; dredger mate grade i; dredger mate grade ii; dredger engineer grade i; dredger engineer grade ii; dredger driver grade ag dredger driver grade ii (2) a certificate of competency granted for any grade of enginee! or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as enginéer of a ship fitted with a type of engine not stated in the certificate (3) certificates issued to masters, mates and engineers who have 54 to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed (4) if it appears to the central government that certificates of competency for grades, other than those referred to in sub-section (1) ce! may be granted, it may, by notification in the official gazette, specify the other grades in respect of which certificates of competency may be granted (5) a certificate of competency for a foreign-going 'ship shall be deemed to be of a higher, grade than the corresponding certificate 15 of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate ofa foreign-going ship (6) 'a certificate 'of competency as' extra master shall be deemed 20 to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship, or \ navigational watchkeeping officer ' (7) a certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of 25 competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship" 5, in section 79 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:— amendment of section "(3) every certificate granted under sub-section (2), shall be 79 30 valid for such period as may be prescribed" 6 in section 84 of the principal act, in sub-section (1),— (i) in clause (a) -4 amendment of section 84,(a) for the words "master, mate, engineers and engine drivers", the words "mates and engineers" shall be substituted; 35 y» (b) the word-"and" at the end shall be omitted; (ii) after clause (b), the following clause shall be inserted, namely:— "(c) who is not required to sign the agreement with the crew, shall submit before commencing the first voyage from any 40 port to the mercantile marine department having jurisdiction over such port, a list of crew with the particulars of grades of certificates of master, mates and engineers and shall also report to that department of any later change in the list of the crew 1 before any subsequent voyage", inser- 7 after section 86 of the principa act, the following section shall be tion of inserted, namely: - new section 86a foreign "6a (1) every master of a foreign ship shall, before proceedships ing to sea from any port or place in india, ensure that the ship has © ae the requisite number of officers and engineers of appropriate grades 5 gilioor as specified by the convention certifi- (2) a surveyor or any person authorised in this behalf by the cated central government may, at any reasonable time, go on board a ship i officers, = pr fi ib 4 to which any of the provisions of this part applies for the purpose of ensuring that the officers holding certificates issued in accordance 10 with the convention are actually appointed and are present, and 4 satisfy himself about the adequacy of such officers for the watch i keeping duties in ports and at sea | (8) if any report made under sub-section (2) by a surveyor or f any person authorised in this behalf by the central government, 15 { reveals any deficiency in a foreign ship in relation to the requirements of the convention and the central government is satisfied that it will be useful for such ship to proceed to sea, that ship may be detained by the officer authorised for this purpose till such requirements are fulfilled" 20 substitu- 8 for section 87 of the principal act, the following section shall be tion of substituted, namely:— t 7 new section for section 87 power te "87, (1) the central government may make rules to carry out make the provisions of this part tules, (2) in particular and without prejudice to the generality of the 45 _ foregoing powers such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which a service endorsement shall be made on 'the certificate or competency of a marine engineer officer class ii; 30 (b) the number of persons and the qualifications they may possess for maintaining watches by a ship at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon 35 for the grades falling under section 78; a7 (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; fl (e) the fees to be paid by applicants for examination; 40 (f) the period for which certificate granted under sttb-section e (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to he kept and recorded; { (h) the circumstances or cases in which certificates of coripetency may be cacelled or suspended" 9 in section 436 of the principal act, in sub-section (2), in the table, for serial no 17 and the entries relating thereto, the following serial 5 no and entries thereof shall be substituted, namely:— amendment of section 436 x 2 3 4 "17 ig (@) any person causes a ship general imprisonment which may or fishing vessel to proextend to six months or 10 ceed to sea without the fine which may extend to required certificated ten thousand rupees, or personnel; both (6) any person having been 76 imprisonment which may engaged as one of the extend to six months or 15 officers referred to in fine which may extend to section 76 goes to sea as five thousand rupees, cr such officer without being both duly certificate (© any master fails to submit 84(z) (6) fine which may extend to 20 the required crew list or five thousand rupees and fails to report the changes in addition, a fine which made in the list before may extend to one thousand commencing the relevant tupees for every day during voyage which the offence continues 25 after conviction, ", saving10, notwithstanding anything contained in this act, the amendments made to the principal act by this act shall not apply to, or in relation to, any certificate of competency granted under section 78 or recognised under section 86 of the principal act before the commencement of this 30 act, and the principal act shall continue to apply in relation to such certificates as if this act had not been enacted  statement of objects and reasonspart vi of the merchant shipping act, 1958, inter alia, provides for _ manning of officers for different categories of indian ships and fishing vessels, grades of certificates of competency which should be granted, examination for the grant of such certificates etc the existing provisions of this part were based generally on accepted international practices in the absence of any internationally accepted instrument laying down  the minimum requirements of training, syllabi, examination and certification of ship's officers and watchkeeping crew 2 in 1978, under the joint auspices of the international maritime organisation and the international labour organisation, the international convention om sandards of training, certification and watchkeeping for seafarers, 1978 was adopted this convention lays down mandatory minimum requirements for the certification of various officers working on ships and syllabi for the examination of officers for grant of various certificates the convention entered into force from 28-4-1984, india ratified it on 16-11-1984 and it came into force for india from 16-2-1985 it is, therefore, considered necessary to give effect to the provisions of the convention by amending the relevant provisions of part vi of the merchant shipping act, 1958 3 the salient proposals are:— (1) while the existing provisions of part vi of the act apply only to indian ships wherever they are, it is proposed to apply the amended part also to foreign flag ships while they are at indian ports or places because the convention requires the contracting states (and india as a contracting state) to ensure that any ship - calling at their ports is manned by seafarers possessing the certificates as required by the convention for this purpose existing section 75 is sought to be substituted by a revised section (2) it is proposed to substitute the existing section 76 to bring the manning scales for ships in conformity with the provisions of the convention, particularly in relation to watchkeeping requirements, propulsion power of ships, ete it is also proposed to prescribe - manning scales for fishing vessels in conformity with the international practice (3) it is proposed to substitute existing section 78 to specify grades of certificate of competency by retaining some of the existing grades, revision of nomenclature of some of the existing grades of certificates and insertion of some grades of certificates in conformity with the convention it is further proposed to insert grades of certificates for dredgers for which examinations are conducted and also to provide for makes the period of validity of all such certificates ' (4) as the convention requires contracting states to ensure that any foreign flag ship calling at its ports or places to comply with the convention requirements, it is proposed to insert a new section 86a to provide that no foreign flag ship shall proceed to sea from any port or place in india unless it has the required number of officers of appropriate grade as prescribed by the convention, to empower the authorised surveyor to inspect foreign ships to ensure compliance by, such ships of the convention requirements and to empower him to detain ships which are found to be deficient in respect of the convention requirements ¢ 4, the remaining amendments included in the bill are of a minor or consequential nature 5 the bill seeks to achieve the above objects new deut; rajesh pilot the 27th november, 1986 financial memorandumthe merchant shipping (amendment) bill, 1986 seeks to amend the merchant shipping act, 1958 by way of substitution of sections 75, 76, 78 nd 87, amendments of sections 84 and 436 and insertion of new section 86a with a view to facilitating the implementation of the international convention on the standards and training, certification and watchkeeping for seafarers, 1978 and for certain related matters implementation of these provisions would result in the increase in the wage bill of the technical staff of the directorate general of shipping and mercantile marine department it would also necessitate incurring of additional expenditure for making arrangements for the various training courses prescribed under the convention there are, in all, 14 such training courses prescribed under the convention which are as under:—  radar observer's course,  first aid at sea course, » life boatmen's course,  rader simulators course,  course for revalidation of certificates given by nautical and fepwene engineering college, 6 maritime law course, 7 medical aid course, 8  fire fighting course for ratings, 9  fire fighting course for officers, 10 tanker safety course, | 11 safe practice course for chemical carriers and liquid gas,  carriers, / 12, safe practice course for hazardous cargo carriers, 13 survival at sea and fire fighting courses, and 14 radio telephony course the above training courses would involve some expenditure by way of appointing nautical engineers and ship-surveyors and examination clerks, the annual recurring expenditure on requirements of above additional staff will be about rs 800 lakhs, out of which a sizeable portion, to the extent of about rs 400 lakhs, is anticipated to be recovered by way of examination fees annually however, this will not involve creation of additional posts since these will be adjusted against posts held in abeyance { eu the annual non-recurring expenditure on furniture, machines, ete will be to the extent of rs 370 lakhs  memorandum regarding delegated legislationclause 7 of the bill seeks to substitute section 87 of the merchant shipping act, 1958 so as to enable the central government to make ruleg in respect of certain matters provided in chapter vi of the said act, these matters, inter alia, relate to the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class ii and the number of persons and the qualifications they may possess for maintaining watches by a ship at sea or in any port or place, the conduct of examination of persons desirous of obtaining certificates of competency and the fees to be paid by applicants for the examination and other matters the matters with respect to which rules may be made under the aforesa d provisions are matters of procedure and administrative detail the delegation of legislative power is, therefore, normal in character annexure ermacts ron mz mancuanr staee@ act, i 1958 (44, or 1958) e     part vi certificates of officers reymasters, mates and engineers -  '75 this part applies only to sea-going bi fitted means of propulsion '18 (1) every foreign-going indian ship, ey: of two hundred tons gross or more iat going to place in india and every ship» b in india shall be provided with ae according to the following scale, nai (a) in every case, with a (c) if the ship is a h of four hundred and fifty tons besides the master holding a certificate not (d) if the ship is a foreign-going ship and mate, then with the second mate duly certi (2) every foreien-going indian ship when going to or place in india shall be provided with engineers duly this act according to the following scale, namely:— _ (a) if the ship is of one hundred nominal ho: with at least two engineers one of whom shall be a fi designated as the chief engineer, and the other a first c class engineer designated as the second engineer; (b) if the shiv is of less than one hundred nominal | with at least one first class or second class engineer designated as chief engineer cuit (3) everv home-trade indian shin when going to sea from any 1 or place in india and every ship carrying passengers between ports places in india shall be provided with engineers or engine drivers duly certificated according to the following scale, namely; - (a) if the ship is of fifty nominal horse-power or more, with at least one first class or second class engineer designated as the chief engineer; (b), if the ship is of less than fifty nominal horse-power, with at least one' first class or second class engineer designated as the chief engineer, or with at least one engine driver of a sea-going ship (4) every fishing vessel when going to sea from any port or place in india shall be provided— (a) if the vessel exceeds twenty-five tons gross but does not exceed fifty tons gross, with a certificated skipper; (b) if the vessel exceeds fifty tons gross, with a certificated skipper anda certificated second hand; (c) if the vessel is of fifty nominal horse-power or more, with at least one engineer duly' certificated, being an engineer of a fishing vessel, who shall be designated as the chief engineer; (d) if the vessel is of less than fifty nominal horse-power, with at least one engineer duly certificated, being an engineer of a fishing vessel, who shall be designated as the chief engineer or with at least one engine driver of a fishing vessel duly certificated ~ exvlanation—for the purposes of clause (c), persons holding certifieates of 'comnetency as first class or second 'class engineers shall be deemed to be duly certificated and for the purposes of clause (d), persons holding certificates of combetenev as engine driver of sea-going ships shall be deemed to be duly' cértificated (5) nothing in this section which relates to eneineers or engine drivers shall apply te any ship to which the pravisions of the inland steamvessels act 1917, apply ernlanation—in this section "nominal horse-nower" in relation to anv ship, means the horse-power of the engines of the ship calculated in the prescribed 'eens      78 (1) certificates of competency shall-be granted in accordance with grades this act for each of the following grades, namely:— master, of a foreign-going ship; of certi ficates of competency, first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; first elass engineer; second class engineer; engine driver of a-sea-going ship; skipper of a fishing vessel; second hand of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel (2) 'a certificate of competency granted for the grade of firs class engineer or engine driver shall state whether it enti to act as engineer or engine driver of ships fitted with steam of ships fitted with any other type of engines and the holder be entitled to act as engineer or engine driver of a ship fitted ith of engine not stated in the certificate r (3) if it appears to the central government that cerfifica' petency for grades other than those referred to in sub be granted, it may, by notification in the official ge other grades in respect of which certificates of competency | ed + ot 8 (4) a certificate of competency for a foreign-going ship ed to be of a higher grade than the corresponding certifics trade ship, and shall entitle the lawful holder thereof to" corresponding grade in such last-mentionéd ship; home-trade ship shall entitle the holder tpgo ti a foreign-going ship '  production of certificates of competency to shipping master,  beet ab 87 'the central government may sions of this part relating to certificates of co such rules,— 'soman (a) prescribe the manner in which the h of ships may be calculated, and the methods by tion may be made in respect of different types of e power to make rules as to grant, cance]- lation or suspension of certificates of competency j (b) provide for the conduct of the eae desirous of obtaining certificates of competency for under section 78; pe (c) prescribe the qualifications to be reshettively" persons desirous of obtaining certificates of competency for™ falling under section 78; ooee (d) fix the fees to be paid by applicants for examination; (e) prescribe the form of such cerfificates and the manner in which copies of certificates are to be kept and recorded; a (f) prescribe the circumstances or cases in which certificates of - competency may be cancelled or suspended aee bf   w cleat  iwalih re -  part xvi penalties and procedurepenalties 436 (1)      penalties (2) the offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively | serial    | offences    | section    | of    | penalties    ||-----------|-------------|------------|-------|--------------|| ns       | this        | act        | to    |              || which     | offence     |            |       |              || has       |             |            |       |              || reference |             |            |       |              || e         |            |           |      |             | 17 igany person -(@ having been engaged as one of the officers general fine which may extend to referred to in section 76 goes to sea as such five hundred rupees officer without being duly certificated; or (b) employs a person as an officer without ascertianing that the person is duly certificated      