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.

Power for Local Government

to make rules as to surveys..

24. (1) The Local Government may make rules to regulate the making of surveys under this Act.

(2) Rules under this section may, among other matters,-

(a) declare the times and places at which, and the manner in
which, surveys are to be made;

(b) regulate the duties of the surveyor making a survey and,
where two surveyors are employed, assign the respective
duties of each of the surveyors employed;

(c) declare the form in which the declarations of surveyors and
certificates of survey under this Act are to be framed, and
the nature of the particulars which are to be stated therein,
respectively; and

(d) fix the rates according to which the fees payable for certificates π/90 0.21
of surveys are to be calculated in the case of all or any of
the ports of survey within the territories under its
administration.

Power for Local Government to exempt certain steam-ships.

25. The Local Government may, from time to time, with the prévious 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.

CHAPTER IIL

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. For rules for the port of Bombay, see G. G. 1888, p. 76.

27. (1) The Local Government shall grant to every person who is

Grant of engineers' and enginedrivers' certificates of competency.

reported by the examiners to possess the necessary qualifications a certificate of competency to the effect that he is competent to act as a first-class engineer, or as a second

class 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 further 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

Power for Local Government to cancel engine-drivers' certifi

cates.

Shipping Act, 1883, or any other law for the time being in force, the Local Government may at any time, without any formal investigation, suspend or cancel any engine-driver's certificate granted by it under this Act, if in its opinion the holder is, or 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 delivered to the person entitled to the certificate, and the other shall be kept and recorded

Certificates to be made in duplicate.

in the prescribed manner.

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Steam-ships required to carry first-class and second-class engineers.

30. Whenever an engineer or engine-driver proves to the satisfaction of the Local Government which granted his Copy of certificate to 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 in British India, or on the continent of India, or in the Island of Ceylon, unless she has,— (a) if the steam-ship has engines of one hundred nominal horsepower 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) Act, 1869;

(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 steam-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

Power for Local Government to require certain steam-ships to carry engine-drivers.

such day as the Local Government, by notification in the official Gazette, directs in this behalf (a), a foreign steam-ship having engines 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-ship having engines of a like horse-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 any person who has been engaged to serve in any of the capacities referred to in section thirty-one or section thirty-two in any steam-ship to which those sections apply, respectively, proceeds in the steam-ship in that capacity without being at the time entitled to, and possessed of, the

Penalty for serving, or engaging a person to serve, as engineer or engine-driver without a certificate.

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.

Production of certificates.

35. The provisions of Act I. of 1859 (for the amendment of the law relating to Merchant Seamen) with respect to 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 form 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.

CHAPTER VI.

INVESTIGATIONS INTO EXPLOSIONS.

37. (1) Whenever any explosion occurs on board any steam-ship on or near the coasts of British India, the Local Government may, if it thinks fit, direct that an investigation into the cause of the explosion

Power to investigate causes of explosions on board steam-ships.

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.

CHAPTER V.

SUPPLEMENTAL.

38. No Magistrate shall try any offence under this Act unless he is a

Jurisdiction of Magistrate.

of the first class.

39. If any person

Place of trial.

Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate

commits an offence against this Act, he shall be triable for the offence in any place in which he may be found, or which the Local Government, 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.

Amendment of section 13 of

Act VIII. of 1876.

8.411/0sch.

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 pro-
posed rules for the information of
likely to be affected thereby.

Procedure for making, publi

cation and confirmation of rules.

persons

(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.