Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 312 in The Merchant Shipping Act, 1958

312. Marking of deck line and load lines. -

(1)No Indian ship, being a ship of which the keel was laid [on or after the 21st day of July, 1968], and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless-
(a)the ship has been surveyed in accordance with the load line rules;
(b)the ship complies with the conditions of assignment;
(c)the ship is marked on each side with a mark (hereafter in this Act referred to as a deck line) indicating the position of the uppermost complete deck as defined by the load line rules and with marks (hereafter in this Act referred to as load lines) indicating the several maximum depths to which the ship can be safely loaded in various circumstances prescribed by the load line rules;
(d)the deck line and load lines are of the description required by the load line rules, the deck line is in the position required by those rules, and the load lines are of the number required by such of those rules as are applicable to the ship; and
(e)the load lines are in the position required by such of the load line rules as are applicable to the ship.
(2)No Indian ship, being a ship of which the keel was laid [before the 21st day of July, 1968,] [ Substituted by Act 25 of 1970, Section 6, for " before the 1st day of July, 1932" (w.r.e.f. 21.7.1968).] and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless-
(a)the ship has been surveyed and marked in accordance with clauses (a), (c) and (d) of sub-section (1);
(b)the ship complies with the conditions of assignment in principle and also in detail so far as, in the opinion of the Central Government, is reasonable and practicable having regard to the efficiency of the protection of openings, the guard rails, the freeing ports and the means of access to the crew's quarters provided by the arrangements, fittings and appliances existing on the ship at the time when she is first surveyed under this section; and
(c)[ the load lines are in the position required by clause (e) of sub-section (1).] [ Substituted by Act 25 of 1970, Section 6, for Clause (c) (w.r.e.f. 21.7.1968).]
(3)Any ship attempting to proceed to sea without being surveyed and marked as required by this section may be detained until she has been surveyed and marked, and any ship which does not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purpose of section 336.[312-A. Alterations after survey.- Where any survey under this Part of a ship for the purpose of assignment and marking of load lines has been completed then, notwithstanding anything contained in this Act, the owner, agent or master of the ship shall not make or cause to be made any alteration in the structure, equipment, arrangements, material or scantlings covered by the survey without the prior written permission of the Central Government or a person authorised by that Government in this behalf.]