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with any further survey of the ship in respect of the requirements so complied with, and give a certificate which shall have the same effect as a certificate given after survey under this Act:
Provided that this section shall not apply in the case of an official survey at any foreign port with respect to which Her Majesty has by Order in Council directed that section 19 of the Merchant Shipping Act, 1876, shall not apply.
24. (1) The Local Government may make Power for Local Government
rules to regulate the making of surveys to make rules as to surveys.
under this Act.
which, surveys are to be made;
where two surveyors are employed, assign the respective
duties of each of the surveyors employed;
certificates of survey under this Act are to be framed, and
of surveys are to be calculated in the case of all or any of
sanction of the Governor General in Council,
by notification in the local official Gazette,
declare that all or any of the provisions of this chapter shall not apply in the case of any specified class of steam-ships, or shall apply to them with such modifications as the Local Government prescribes.
EXAMINATION AND CERTIFICATES OF ENGINEERS AND
ENGINE-DRIVERS. 26. The Local Government may, from time to time, appoint persons Appointment of examiners.
for the purpose of examining the qualifications
of persons desirous of obtaining certificates of competency as engineers or engine-drivers.
S. 24.-Fur rules for the port of Bombay, see G. G. 1888, p. 76.
27. (1) The Local Government shall grant to every person who is
reported by the examiners to possess the Grant of engineers’ and engine
necessary qualifications a certificate of comdrivers' certificates of petency.
petency to the effect that he is competent to
act as a first-class engineer, or as a secondclass engineer, or as an engine-driver, as the case may be:
Provided that the Local Government may, in any case in which it has reason to believe that the report has been unduly made, require, before granting a certificate, a re-examination of the applicant or a furtber inquiry into his testimonials and character.
(2) Every certificate granted under this section shall be in the prescribed form. 28. Notwithstanding anything contained in the Indian Merchant
Shipping Act, 1883, or any other law for the Power for Local Government
time being in force, the Local Government to cancel engine-drivers' certificates.
may at any time, without any formal investi
gation, suspend or cancel any engine-driver's certificate granted by it under this Act, if in its opinion the holder is, has become, unfit to act as an engine-driver. 29. Every certificate of competency granted under this Act shall be
made in duplicate, and one copy shall be Certificates to be made in du
delivered to the person entitled to the certifiplicate.
cate, and the other shall be kept and recorded in the prescribed manner. 30. Whenever an engineer or engine-driver proves to the satisfaction
of the Local Government which granted his Copy of certificate be
certificate that he has, without fault on his granted in certain cases.
part, lost or been deprived of it, a copy of the certificate to which, by the record kept as provided by law, he appears to be entitled shall be granted to him, and shall have all the effect of the original. 31. (1) A British steam-ship shall not proceed from any port in British
India to any port or place not being either Steam-ships required to carry
in British India, or on the continent of India, first-class and second-class ens gineers.
or in the Island of Ceylon, unless she has,(a) if the steam ship has engines of one hundred nominal horse
power or upwards, as her first and second engineers two certificated engineers, the first possessing a first-class engineer's certificate and the second a second-class engineer's certificate or a certificate of the higher grade, granted under this Act or the Merchant Shipping Acts, 1854 to 1883, or to which the provisions of any such Act have been made applicable under the Merchant Shipping (Colonial)
(b) if the steam-ship has engines of under one hundred nominal
horse-power, as her only or first engineer an engineer possessing a second-class engineer's certificate or a certificate
of the higher grade of the nature referred to in clause (a). (2) A foreign steam-ship having engines of fifty nominal horse-power or upwards shall not carry passengers from any port in British India to any other port in British India, and a British steain-ship having engines of a like horse-power shall not proceed from any port in British India to any other port in British India or to any port or place on the continent of India or in the Island of Ceylon, unless she has as her only or first engineer an engineer possessing a second-class engineer's certificate or a certificate of the bigher grade of the nature referred to in clause (a) of sub-section (1). 32. (1) On and from such day as the Local Government, by no
tification in the official Gazette, directs in this Power for Local Government
behalf(a), a foreign steam-ship having engines to require certain steain-ships to carry engine-drivers.
of under fifty nominal horse-power shall not
carry passengers from any port within the territories administered by that Local Government to any other port in British India, and a British steam-sbip having engines of a like borse-power shall not proceed from any port within those territories to any other port in British India or to any port or place on the continent of India or in the Island of Ceylon, unless she has as her engineer a person possessing an enginedriver's certificate granted under this Act or an engineer's certificate of either of the grades referred to in the last foregoing section,
(2) The Local Government may at any time, by a like notification, cancel any notification issued by it under this section.
33. Nothing in section thirty-one or section thirty-two shall apply to Exemption of inland steam. any steam-ship to which the provisions of the vessels.
Inland Steam-vessels Act, 1884, are applicable. 34. (a) If auy person who has been engaged to serve in any of the
capacities referred to in section thirty-one or Penalty for serving, or engag section thirty-two in any steam-ship to which ing a person to serve, as engineer
those sections apply, respectively, proceeds in or engine-driver without a certificate.
the steam-ship in that capacity without being
at the time entitled to, and possessed of, the certificate required by those sections, and
(b) if any person employs any person in any capacity referred to in section thirty-one or section thirty-two in any steam-ship to which those sections apply, respectively, without ascertaining that he is at the time entitled to, and possessed of, the certificate required by those sections, he shall be punished with fine which may extend to five hundred
rupees. S. 32(a). --The day directed is "the date on which the Act shall come into force.” G. G. 1884, p. 461.
35. The provisions of Act I. of 1859 (for the amendment of the law
relating to Merchant Seamen) with respect to Production of certificates.
the certificates of competency or service of the master and mate contained in section 31' and section 32 of that Act apply to certificates of competency granted under this Act in the same manner as if certificates of competency granted to engineers under this Act were specially mentioned and included in those sections.
Power for Local Government
36. The Local Government may make rules to make rules as to grant of to regulate the granting of certificates of comcertificates of competency. petency under this Act, and may by such rules
(a) provide for the conduct of the examinations of persons desirous
of obtaining certificates of competency as engineers or
engine-drivers under this Act; (b) prescribe the qualifications to be respectively required of per
sons desirous of obtaining first-class engineers' certficates, second-class engineers' certificates and engine-drivers'
certificates, respectively ; (c) fix the fees to be paid by all applicants for examination ; and (d) prescribe the forın in which certificates are to be framed, and
the manner in which the copy of the certificate which is kept by the Local Government is to be recorded.
INVESTIGATIONS INTO EXPLOSIONS.
37. (1) Whenever any explosion occurs on board any steam-ship on
or near the coasts of British India, the Local Power to investigate causes of explosions on board steain-ships.
Government may, if it thinks fit, direct that
an investigation into the cause of the explosion be made by such person or persons as it thinks fit.
(2) The person or persons so directed may enter into and on the steam-ship, with all necessary workmen and labourers, and remove any portion of the steam-ship, or of the machinery thereof, for the purpose of the investigation, and shall report to the Local Government what, in his or their opinion, was the cause of the explosion.
(3) Every person making an investigation under this section shall be deemed to be a public servant within the meaning of the Indian Penal Code.
SUPPLEMENTAL. 38. No Magistrate shall try any offence under this Act unless he is a
Presidency Magistrate or a Magistrate whose Jurisdiction of Magistrate.
powers are not less than those of a Magistrate of the first class. 39. If any person commits an offence against this Act, he shall be
triable for the offence in any place in which Place of trial.
may be found, or which the Local Gov. ernment, from time to time, by notification in the official Gazette, directs in this behalf, or in any other place in which he might be tried under any other law for the time being in force. 40. Where the owner or master of a steam-ship is adjudged under this
Act to pay a fine for an offence committed Distress of steam-ship.
with, or in relation to, that steam-ship, the Court may, in addition to any other power it may have for the purpose of compelling payment of the fine, direct that it be levied by distress and sale of the steam-ship, and the tackle, apparel and furniture thereof, or so much thereof as is necessary.
8.4(l/osch. Amendinent of section 13 of Act VIII. of 1876.
41. (Repealed by Act X. of 1887). 42. (1) A Local Government making rules under this Act shall, before
making the rules, publish a draft of the proProcedure for making, public posed rules for the information of persons cation and confirmation of rules.
likely to be affected thereby. (2) The publication shall be made in such manner as the Governor General in Council, from time to time, by notification in the Gazette of India, prescribes.
(3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.
(4) The Local Government shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.
(5) A rule made under this Act shall not take effect until it has been sanctioned by the Governor General in Council and published in the local official Gazette.
(6) The publication in the Gazette of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made and sanctioned.
(7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.
8. 42 (2).-See G. G. 1885, p. 1213.