Exception of certain steam-ships. 5. Nothing in the last foregoing section shall apply to (a) any steam-ship having a certificate of survey granted by the (d) any steam-ship belonging to any foreign Prince or State when (e) any steam-ship carrying passengers during the interval between the time at which her certificate of survey under this Act expires and the time at which it is first practicable to have the certificate renewed. Penalty for carrying passengers without certificate of survey. 6. (1) If any steam-ship carries or attempts to carry passengers in contravention of section four, the owner and master of the steam-ship shall each be liable to a fine which may extend to one thousand rupees. (2) If the master or any other officer of any steam-ship which carries or attempts to carry passengers in contravention of section four is a licensed pilot, he shall be liable to have his license as a pilot cancelled or suspended for any period by the Local Government, as the Local Government sees fit to order. No port-clearance until certificate of survey produced. 7. No officer of Customs shall grant a port-clearance, nor shall any pilot be assigned, to any steam-ship for which a certificate of survey is required by section four, until after the production by the owner or master thereof of a certificate under this Act in force and applicable to the voyage on which she is about to proceed and the service on which she is about to be employed. 8. If any steam-ship for which a certificate of survey is required by section four leaves or attempts to leave any port of survey without a certificate, any officer of Customs or any pilot on board the steam-ship may detain her until she obtains a certificate. Power to detain steam-ship not having certificate of survey. 9. (1) The Local Government may, from time to time, appoint so Appointment of surveyors and ports of survey. many persons as it thinks fit to be surveyors as it, from time to time, appoints to be ports of survey. (2) Every surveyor appointed under this Act may be suspended or removed by the Local Government which appointed him. (3) Every surveyor appointed under this Act shall, for the purposes of any survey made by him, be deemed to be a public servant within the meaning of the Indian Penal Code. 10. (1) For the purposes of a survey under this Act, any surveyor appointed under this Act may, at any reasonPowers of surveyor. able time, go on board a steam-ship, and may inspect the steam-ship and every part thereof, and the machinery, equipments or articles on board thereof: Provided that he does not unnecessarily hinder the loading or unloading of the steam-ship, or unnecessarily detain or delay her from proceeding on any voyage. (2) The owner, master and officers of the steam-ship shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the steam-ship and her machinery and equipments, or any part thereof, respectively, as he reasonably requires. haerts by !11/905.157. 11. When a survey under this Act is completed, the surveyor making it shall forthwith, if satisfied that he can with propriety do so, give to the owner or master Declaration of surveyor. of the steam-ship surveyed a declaration in the prescribed form containing (a) that the hull and machinery of the steam-ship are sufficient for (b) that the equipments of the steam-ship and the certificates of (c) the time (if less than one year) for which the hull, machinery (d) the limit (if any) beyond which, as regards the hull, machinery (e) the number of passengers which the steam-ship is, in the 2 the deck and in the cabins and in different parts of the deck and cabins; the number to be subject to such conditions and variations, according to the time of year, the nature carried or other circumstances, as voyage, cargo of the the the case requires; and (f) any other prescribed particulars. Sending of declaration by 12. (1) The owner or master to whom a declaration is given under the last foregoing section shall, within fourteen days after the date of the receipt thereof, send the declaration to such officer as the Local Government, from time to time, appoints in owner or master to Local Gov ernment. this behalf. (2) If he fails to do so, he shall forfeit a sum not exceeding five for every day during which the sending of the declaration is delayed. rupees (3) The owner or master shall pay the sum so forfeited on the delivery 1/16 of the certificate of survey in addition to the fee payable for the certificate. 211/905.17 (1). Grant of certificate of survey by Local Government. 13. (1) Upon receipt of a declaration by the officer appointed in this behalf under the last foregoing section, the Local Goverment shall, if satisfied that the provisions of this Act have been complied with, cause a certificate in duplicate to be prepared and delivered, through such officer at the port at which the steam-ship was surveyed as the Local Government, from time to time, appoints in this behalf, to the owner or master of the steam-ship surveyed, on his applying and paying the fees and other sums (if any) mentioned in this Act as payable on delivery of a certificate. 2 (2) A certificate granted under this section shall be in such form as the Governor General in Council, from time to time, directs; shall contain a statement to the effect that the provisions of this Act with respect to the survey of the steam-ship and the transmission of the declaration in respect thereof have been complied with; and shall set forth (a) the particulars concerning the steam-ship which clauses (c), (d) and (e) of section eleven require the declaration by the surveyor to contain; and (b) any other prescibed particulars. (3) When a certificate is ready for delivery under this section, the Local Government shall cause notice thereof to be given by post or otherwise to the owner or master of the steam-ship to which the certificate relates. (4) 3 addway 11/90517 (12) 144 For every certificate of survey granted by the Local Government 4 R. 11/905.18. under this Act the owner or master of the steam-ship surveyed shall pay to the officer Fees for certificates of survey. (a) a fee calculated on the tonnage of the steam-ship according to the rates in the schedule hereto annexed or according to any other prescribed rates; and (b) when the survey is made in any port of survey other than Calcutta, Madras, Bombay or Rangoon, such additional fee, in respect of the expense, if any, of the journey of the surveyor to the port, as the Local Government, from time to time, by notification in the official Gazette, directs. 15. (1) The owner or master of every steam-ship for which a certifiCertificate of survey to be cate of survey has been granted under this Act affixed in conspicuous part of shall forthwith, on the receipt of the certificate, steam-ship. cause one of the duplicates thereof to be affixed, and kept affixed so long as the certificate remains in force and the steamship is in use, on some conspicuous part of the steam-ship where it may be easily read by all persons on board thereof. (2) If the certificate is not so kept affixed, the owner and master of the steam-ship shall each be liable to a fine which may extend to one hundred rupees. Term of certificates of survey. 16. A certificate of survey granted under this Act shall not be in force (a) after the expiration of one year from the date thereof; or (c) after notice has been given, by the Local Government, to the Cancellation or suspension of certifi ate of survey by Local Government. 17. Any certificate of survey granted under this Act may be cancelled or suspended by a Local Government if it has reason to believe (a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers, engines or any of the equipments of the steam-ship has been fraudulently or erroneously made; or (b) that the certificate has otherwise been issued upon false or erroneous information; or (c) that, since the making of the declaration, the hull, boilers, engines or any of the equipments of the steam-ship have sustained any injury, or have otherwise become insufficient. 111/900.19. 2 18. (1) The Local Government may require any certificate of survey granted under this Act which has expired, or has been cancelled or suspended, to be delivered up to such person as it, from time to time, directs. Power to require delivery of expired or cancelled certificates of survey. (2) If the owner or master of a steam-ship, without reasonable cause, neglects or refuses to deliver up a certificate as required under this section, he shall be punished with fine which may extend to one hundred rupees. Report of cancellation or suspension of certain certificates. 19. If the Local Government which cancels or suspends a certificate of survey granted under this Act is not the Local Government which granted the certificate, the Local Government cancelling or suspending the certificate shall report the fact of cancellation or suspension, I or whose deligh together with the reasons therefor, to the Local Government which granted the certificate. Power for Local Government to direct that two surveyors be employed. A 20. A survey under this Act shall ordinarily be made by one surveyor, but two surveyors may be employed if the Local Government, by order in writing, so directs, either generally in the case of all steamships at any port of survey, or specially in the case of any particular steam-ship or class of steam-ships at any such port. 21. (1) If the surveyor or surveyors making a survey under this Act refuses or refuse to give a declaration under section eleven with regard to any steam-ship, or gives or give a declaration with which the owner or master of the steam-ship surveyed is dissatisfied, the Local Government may, on the application of the owner or master direct two other surnuty veyors appointed under this Act to survey the steam-ship. a new clause 11/902.20. Power for Local Government to order a second survey. (2) The surveyors so directed shall forthwith survey the steam-ship, and may, after the survey, either refuse to give a declaration or give such declaration as under the circumstances seems to them proper; and their decision shall be final. 22. When a survey is made under either of the last two foregoing sections by two surveyors, each of the surveyors making the survey shall perform a prescribed portion of the duties assigned by this Act or Division of duties when two surveyors employed. the rules made under this Act to a surveyor making a survey. 23. When a foreign steam-ship requires to be furnished with a certificate of survey under this Act, and the Local Government is satisfied, by the production of Survey of foreign steam-ships. a certificate of survey attested by a British Consular Officer at the port of survey, that the ship has been officially surveyed at a foreign port, and that the requirements of this Act are proved by that survey to have been substantially complied with, the Local Government may, if it thinks fit, dispense |