 corri gendum the meechani' shipping (amendhent) bill, 1978 no be/~ introduced in ipk sabhuproposed 1 page 2, against~ection 87c,-!~~ the following marginal heading -"exemption from section 87b " new delhi; ~st ~' 196& bliaora ,19 (saka)  bill no 138 of 1978 the merchant shipping (amendment) bill, 1978 a billi' further to amend the merchant shipping act, 1958 be it enacted by parliament in the twenty-ninth year of the republic of india as follows:-1 this act may be called the merchant shipping (amendment) act, short 1978 title 44 of 1958 s z in the merchant shipping act, 1958 (hereinafter referred to as the insertion principal act), after part vi, the following part shall be inserted, of new namely: _ part via  'part via obligiation of cer'l'aln certificate holders to serve government 10 or in indian ships87a in this part, unless the context otherwise requires,-definitions (a) "appointed day" means the date on which the merchant shipping (amendment) act, 1978, comes into force; (b) "certificate" means-(i) a certificate of competency referred to in section 78; is (ti) a certificate of service referred to in section 80; or (iii) a certificate of competency or serv:ce referred to in section 86 which has been obtained by any person by availing of training facilities in any of the merchant navy training establishments in 5 india or experience of sea service on board any indian ship or indian naval ship; (c) "government" include~ (i) a board of trustees constituted under the major port trusts act 1963, for any port, jo 38 of 1963 (ii) a corporation established by or under a central, provincial or state act (iii) a government company within the meaning of section 617 of the companies act, 1956, and 1 of 1956 (iv) a merchant navy training institution financed 15 wholly or mainly by government; (d) "suitable employment", in relation to the holder of any certificate, means employment !n a 'capacity for which the holding of· such certificate is an essential qualification 87b (1) every citizen of india who obtains, on or after the 20 appointed day, a certificate shall be liable to serve the government, or in ady indian ship, for such period not extending beyond four years from the date on which he obtains such certificate or for such shorter period as the central government may, by a general or special order published in the official gazette, specify 25 holders ofcertificates to serve the government or in indian rhips for a certain period (2) no citizen of india who has obtained on or after the appointed day, a certificate shall accept any employment other than an employment under the government or in any indian ship, before the expiry of, the period during which he is liable to serve the government or in any indian ship in accordance with the provisions of 30 sub-section (1) and the orders made thereunder (3) notwithstanding anything contained in sub-section (1) or sub-section (2), a citizen of india who has obtained, on or after the appointed day, two or more certiftcates shall not be liable to serve under the government or in any indian ship for any period or 35 per!ods exceeding, or, as the case may be, exceeding in the aggregate, seven years 87c (1) when any person refet1'ed to in st!ction 87b h8'!i failed to secure suitable employment within a reasonable period from the date on which he applied for the same, he may make an application 40 to the director-general for exempting him from the requirements ot sub-sections (1) and (2) of that section and if the director-general is satisfied that the grounds stated in the application justify the exemption sought hr, he shall, by order, exempt such person from the requirements of those sub-sections 4s (2) the director-general may either on his own motion or on an application made bv any person referred to in section 87b, by orqer in writing, ex~pt su'ch person from the requtremen'ts of subsections (h and (3) of that section, if the directorqeneral is satis fied-5 10 (4) that it is necessary so to do for compliance with any request made by the government of any foreign country to make available the services of indian personnel for meeting shortage of qualified personnel in its ships or shore establishm,ents, or for compliance with any request made by any agency of the united nations organisation for making available indian personnel for providing consultancy services on its behalf in technical co-operation or technical assistance programme in any country; or (b) that such person is likely to suffer undue hardship if he is not so exempted is (3) an application for exemption under sub-section (1) or subsection (2) shall set out clearly all the particulars on the basis of which such exemption is applied for ,20 (4) every such application shall be disposed of by the director· general as expeditiom;}y as possible and where the director-general refuses to grant the exemption applied for, he shall record his reasons therefor and communicate the same to the applicant (5) wnere, within a period of forty-five days of the date of receipt of any such application, the director-general does not refuse to grant the exemption applied for, or does not communicate the rejusal to the applicant, the director-general shall be deemed to have granted the exemption applied for (6) where the director·general refuses to grant the exemption applied for, the applicant may prefer an appeat against such refuaal to the central government within thirty days of the receipt of the brder of the dirtctor·general refusing the exemption and the central government may make such orders as it deems fit: prdvided that the central government may admit any appeal ~fter the! expiry clf the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time: 3s provided further that no order confirming the drcier of the director-general shah be made under this sub-section without giving the appellant an opportunity to represent his case | particu      ||--------------|| lars of      || certiflcate, || etc, to     || be           || furnished   |87d every citizen of india who obtains, on or after the appointed day, a certificate, shall furnish, in such form and at such intervals as may be prescribed, particulars of the certificate or certificates obtained by him and' of his employment' 3 in section 377 of the principal act,-amend· mentol section 377 4s (a) after sub-section (1), the following sub-section shall be inserted, namely:-"(ia) any certificate within the meaning of clause (b) of section 87 a may be cancelled or suspended for any specified period by the central government if the person to whom such certificate has been granted has contravened the provisions of sub-section (1) or sub-section (2) of section 87b: provided that no order under this sub-section shall be passed by the central government unless the person concerned has been given an opportunity of making a representation against 5 the order proposed"; (b) in sub-section (2), for the words, brackets and figure "subsection (1) or", wherever they occur, the words, brackets, figures and letter "sub-section (1) or sub-section (la) or" shall be substituted 10  statement of objects and reasonsgovernment of india is responsible for the training of the merchant navy personnel and it incurs substantial expenditure on the training institutions for the officers by the drift abroad of the trained personnel, not only the expenditure incurred on training becomes infructuous but indian shipping industry is also handicapped to a great extent as it is unable to find adequate qualified personnel to man their ships 2 with a v~ew to increasing the availability of the trained merchant navy personnel for employment on indian ships, shore-based establishments, etc, it is proposed to cast obligation on the holders of certificate of competency and other certificates under the merchant shipping fct, 1958, to serve for a certain, minimum period on indian ships, ports and other establishments 3 the bill seeks to achieve the above object new delhi; chand ram the 23rd august 1978 tae dew section 87b proposed to be inserted in the act by clause 2 of the bill empowers the central government to make rules regarding the form in whiclla and the intervals at which certificate holders will have to furnish particulars of the certificates obtained by them and of their employment 2 the matters in respect of which rules may be made are of administrative detail and procedure and as such delegation of legislative power is of a normal character - (44 of 1958) - - - -  part xiiinvestigations and inquiries  - - - - - miscellaneous provisions relating to cancellation and suspeneion of certificates 377 (1) - - - - (2) the central government may at any time if· it thinks the justice of the case so requires,-powero of central government to cancel, suspend, etc, certificate of master, mate or engineer (a) revoke any order of cancellation or suspension made by it under sub-section (1) or set aside any order of cancellation or suspension made by a court under section 370 or any order of suspension made by a marine board under clause (b) of sub-section (1) of section 376 or any order of censure made by a court under section 371; or (b) shorten or length:m the period of suspension ordered by it ur14ier sub-section (1) or by a co'l~t under sect'on 370 or by a marine board under clause (b) of sub-s~ction (1) of section 376 or cancel a certificate suspended by a marine board under that clause; or (c) grant without examination a new certificate o~ the same or any lower grade in the case of any certificate cancelled or ~uspended by it under sub-section (1) or by a court under sect:on 370 or any certificate suspended by a marine board under clause (b) of subsection (1) of section 376: provided that no order under clause (b) either lengthening the peri<') i of suspension of or cancelling a certificate shall be passed by the central government unless the person concerned has been g:ven an opportunity oi making a representation "against the order proposed  a billfurther to amend the merchant shipping act, i958 (sht'i chand ram, ministet' of state in chat'ge of the ministry of shipping and tt'anspot't ) 