Union of India - Act
The Vizagapatnam Harbour Craft Rules, 1950
UNION OF INDIA
India
India
The Vizagapatnam Harbour Craft Rules, 1950
Rule THE-VIZAGAPATNAM-HARBOUR-CRAFT-RULES-1950 of 1950
- Published on 1 December 1950
- Commenced on 1 December 1950
- [This is the version of this document from 1 December 1950.]
- [Note: The original publication document is not available and this content could not be verified.]
1735.
S.R.O. 1019, dated 1st December, 1950. - In exercise of the powers conferred by Cl. (k) of sub-section (1) of Sec. 6 of the Indian Ports Act, 1908 (15 of 1908) and in supersession of all previous rules on the subject in force at the Port of Vizagapatnam, the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (2) of the said section:1. Short title and application.
2. Definitions.
- In these rules, unless the context otherwise requires :3. Harbour Craft to be licensed.
-No person shall, whether as owner, tindal or servant use any harbour craft to carry goods or passengers to or from any vessel at the port or from place to place within the port unless the harbour craft has been duly licensed under these rules. A harbour craft licensed to ply between ship and shore may also ply from place to place within the Port without a separate license :Provided that nothing in this rule shall apply to4. Licensing of Harbour Craft.
5. Minor or Female owners.
- If the" owner of a harbour craft is a minor, the, licence may be obtained by the guardian of the minor. If the owner is a woman, who, according to the custom of the country, does not appear in public, the licence may be obtained on her behalf by her duly authorised agent. In such cases the guardian or the agent shall be deemed to be the owner for the purposes of these rules.6. Licence, rules, etc., to be produced when demanded.
7. Distinctive numbering of licensed harbour craft.
8. Change of Ownership or control of Licensed Harbour Craft.
- Where the holder of a licence in Form A transfers the ownership of the Harbour craft to another person, the licence shall cease to be valid on the expiry of six days from the date of such transfer; and where such holder mortgages the harbour craft to, or places it under the control of another person, the licence shall cease to be valid on the expiry of six days from the date of such transfer unless an endorsement on the licence is made by the Deputy Port Conservator that notwithstanding the transfer, the licence shall continue to be valid.9. Changes in crew or carrying capacity of Licensed Harbour Craft to be reported.
- Whenever the tindal of any licensed harbour craft is changed or any alteration in such craft is made so as to affect any of the particulars contained in the licence granted for it, such change or alteration shall forthwith be reported by its owner to the Deputy Port Conservator. Provided that, if such change or alteration takes place, at a time when the harbour craft is away form the Port, it may be reported immediately on the return of the harbour craft to the Port. In case of change of tindal or of any alteration in the harbour craft not affecting its carrying capacity the harbour craft shall not ply until such report is made, and in case of change of tindal until the tindal has also been produced before the Deputy Port Conservator. On such report or on such report and production, as the case maybe, the Deputy Port Conservator shall amend the original licence held by the owner and in case of change of tindal, the register kept under rule 10.In case of any alteration in the harbour craft affecting its carrying capacity, the original licence held by the owner shall be cancelled and a fresh licence issued by the Deputy Port Conservator after the craft has been remeasured, and the harbour craft shall not ply until such fresh licence has been issued.10. Registration of Tindals.
11. Annual and special inspection of Licensed Harbour craft and crew.
- On or before the expiry of the licence, the owner of every licensed harbour craft shall produce it together with its licence for inspection to the Deputy Conservator at such place as he may appoint for the purpose. In addition to such inspection, special or partial inspections may be held by the Deputy Port Conservator or by any person duly authorised by him, at such times as the Deputy Port Conservator may consider necessary. At all inspections under this rule, each harbour craft shall have its full complement of crew and equipment.12. Repairs of Licensed Harbour Craft ordered for inspection.
| (i)For every vessel the gross tonnage of which does not exceed 10tons. | Rs.75.00 |
| (ii)For every vessel the gross tonnage of which exceeds 10 tons butdoes not exceed 25 tons | Rs.100.00 |
| (iii)For every vessel the gross tonnage of which exceeds 25 tons butdoes not exceed 50 tons | Rs.125.00 |
| (iv)For every vessel the gross tonnage of which exceeds 50 tons butdoes not exceed 75 tons | Rs.150.00 |
| (v)For every vessel the gross tonnage of which exceeds 75 tons butdoes not exceed 100 tons | Rs.175.00 |
| (vi)For every vessel the gross tonnage of which exceeds 100 tons butdoes not exceed 300 tons | Rs.200.00 |
| (vii)For every vessel the gross tonnage of which exceeds 300 tons butdoes not exceed 600 tons | Rs.250.00 |
| (viii)For every vessel the gross tonnage of which exceeds 600 tons butdoes not exceed 900 tons | Rs.300.00 |
| (ix)For every vessel the gross tonnage of which exceeds 900 tons butdoes not exceed 1200 tons | Rs.350.00 |
| (x)For every vessel the gross tonnage of which exceeds 1,200 tonsfor every 300 tons or part thereof | Rs.50.00 |
| (xi)For interim survey | Rs.20.00 per visit. |
13. Control of working of Licensed Harbour Craft.
14. Obstructing Port Traffic.
15. Observing of the rule of road at sea.
- All licensed harbour crafts, when under way, shall observe the rule of the road at sea.16. Refuse3 to ply without lawful excuse.
- If the owner or the tindal in charge of a licensed harbour craft plying regularly for hire refuses to allow such harbour craft to ply for hire when required to do so, without reasonable excuse, of which the Deputy Port Conservator shall, subject the appeal provided in rule 27, be the sole judge, the licence of such harbour craft shall be liable to be revoked.17. Working of the Licensed Harbour Craft at night and in bad weather.
-18. Permissible loading of Licensed Harbour Craft in fine and in rough weather.
19. Power of tindal to prevent overloading.
- Whenever the number of passengers or the quantity of cargo in a licensed harbour craft exceeds the number or quanity entered into the license, the tindal shall, before starting from the vessel or from the shore, require any passenger to leave the harbour craft or any consignor, consignee, or shipping or landing agent concerned to remove from the harbour craft the whole or any part of the cargo.20. Attention to certain signals required of tindals.
- The owner of every licensed harbour craft shall instruct the tindal of such harbour craft to pay immediate attention to the harbour craft muster flag a square blue flag with four parallel red bars running crosswise which will be displayed on the Port Flagstaff when the Deputy Port Conservator desires to carry out an inspection under Rule 11.21. Licensed Harbour Craft not to interfere with mooring or approaching vessels before they anchor.
- No person in charge of or navigating any licensed harbour craft shall attempt to make such harbour craft fast to any mooring or mark buoy, or take it alongside of a vessel approaching an anchorage or mooring before such vessel has come to anchor or been moored to a buoy.22. Fishing boats not to be allowed near a cargo boat or alongside a vessel.
23. Landing and shipping of passengers and goods to be within the Port.
- All passengers and goods shall be landed or shipped in such places within the limits of the Port as the Port Conservator may appoint and no person shall ship or land passengers or goods outside such place unless the sanction of the Port and Customs Officers at the Port has been previously obtained.24. Rates of Harbour Craft Hire.
- No owner, tindal or any member of the crew of a licensed harbour craft licensed to carry passengers for hire, and no person deputed by the owner of such harbour craft shall demand from any passenger a rate of hire exceeding that sanctioned by the Central Government and no owner, tindal or member of the crew of such harbour craft shall demand or accept any gratuity or present from any passenger during the course of its trip between any vessel and the shore or from place to place whether within or without the Port.25. Prohibition of Employment of Convicted Tindals, etc.
- IF ANY TINDAL OR ANY MEMBER of the crew of a licensed harbour craft is convicted of a breach of any of these rules the owner of the harbour craft shall, on being required so to do by the Deputy Port Conservator dismiss such tindal or member of the crew from his employment.26. Revocation of Licenses.
- [(1)] [Renumbered by G.S.R. 2006, dated 7th November, 1968] If in the opinion of the Deputy Port Conservator the owner of any licensed harbour craft has contravened any of these rules, the Deputy Port Conservator may, without prejudice to any other action that may be taken against such owner in respect of the contravention, cancel all or any of the licenses in Form A held by the owner :[Provided that no such license shall be cancelled unless the owner of the licensed harbour craft has been given a reasonable opportunity of making his representations.] [Inserted by G.S.R. 2006, dated 7th November, 1968]27. Appeal from Deputy Port Conservator's Decision.
- An appeal shall lie from any decision of the Deputy Port Conservator under these rules, to the Conservator of the Port. Such appeal shall be preferred in writing within seven days from the date on which the decision of the Deputy Port Conservator appealed against has been communicated in writing to the party or parties concerned, and the decision of the Conservator thereof.28. [ Fees. [Substitued by G.S.R. 931, dated 27th May, 1971]
- The following fees shall be leviable for survey, registration, licensing and inspection of boats, catamarans, and power driven craft, plying for hire, namely.]| Servicerendered | Boatsother than canoes and shoed-honies | Canoesand shoed honies | Catamaransplying for hire | Powerdriven craft/upto 100 N.R.T. |
| 1 | 2 | 3 | 4 | 5 |
| Rs.Ps. | Rs.Ps. | Rs.Ps. | Rs.Ps. | |
| (i)For registrational of boat on the first occasion | 5.00 | 1.50 | 1.50 | 40.00 |
| (ii)For each survey and measurement as required by the Harbour Rules | 8.00 | 3.00 | - | 80.00 |
| (iii)For granting an annual licence for one year, 1st April to 31stMarch of next year or part of an official annual inspection | 5.00 | 1.00 | - | 40.00 |
29. Special provisions applicable to Steam Boats and Motor Boats licensed under these rules.
| FirstClass Master's Certificate. | Rs.20.00 |
| SecondClass Master's Certificate. | Rs.15.00 |
| Serang'sCertificate. | Rs.10.00 |
| Engineer'sor Motor Engineer's Certificate. | Rs.20.00 |
| FirstClass Engine-Driver's or First Class Motor | |
| EngineDriver's Certificate | Rs.15.00 |
| SecondClass Engine-Driver's or Second Class | |
| MotorEngine Driver's Certificate. | Rs.15.00 |
| EngineDriver Permit. | Rs.10.00 |
30.
| Dateof Registry | Namenumber and description of Harbour craft | Rig.and equipment | Whenbuilt and where | Whenrepaired last and in what condition | Cargowothout Passengers | Numberof passengers without cargo | Numberof crew | Particularsrespecting the owner or owners of the boat | Particularsrespecting to tindal of the boat | Periodfor which the licence is to be in force | Remarks | ||||
| Numberof animal & presumed weight | Weightof cargo other than animals | Nameor names | Occupation | Placeor places or residence | Name | Placeof residence | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6(a) | 6(b) | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| Infine weather. | Infine weather. | Infine weather. | Infine weather. Tindal | ||||||||||||
| Inrough weather | Inrough weather | Inrough weather | Inrough weather Tindal Lascar | ||||||||||||
| Dated................................... | RegisteringOfficer | ||||||||||||||
| Note.- Two children under 12 years of age=1 adult. | |||||||||||||||
| Extendedto-DittoDittoDittoDittoDittoDittoDittoDittoDittoDittoEndoresementfor change of Tindal |
| Dateof registry | Numberof Harbour Craft | Names | Age | Placeof residence | Thumbimpression | Remarks | ||
| Years | Months | Days | ||||||