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Union of India - Section

Section 299 in The Merchant Shipping Act, 1958

299. Safety certificates and qualified safety certificates for passenger ships .-

(1)Where, on receipt of a declaration of survey granted under Part VIII in respect of passenger ship, the Central Government is satisfied that the ship complies with the construction rules and with the provisions of this Act and the rules made thereunder relating to life saving and fire appliances and [radio installation] [ Substituted by Act 21 of 1966, Section 14, for sub-Section (2) (w.e.f. 28.5.1966).] applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, the Central Government may issue in respect of the ship a certificate in the prescribed form to be called a [passenger ship safety certificate.] [ Substituted by Act 21 of 1966, Section 14, for " safety certificate" (w.e.f. 28.5.1966).]
(2)Where on receipt of a declaration of survey granted under Part VIII in respect of a passenger ship the Central Government is satisfied that there is in force in respect of the ship an exemption certificate granted under section 302 and that the ship complies with all the requirements referred to in sub-section (1) other than those from which the ship is exempt under that certificate, the Central Government may issue in respect of the ship a certificate in the prescribed form to be called a [qualified passenger ship safety certificate] [ Substituted by Act 21 of 1966, Section 14, for " qualified safety certificate" (w.e.f. 28.5.1966).].
(3)[ Where on receipt of a declaration of survey granted under Part VIII in respect of a special trade passenger ship ] [Inserted by Act 69 of 1976, Section 22 (w.e.f. 1.12.1976).][* * *] [ The words " or a pilgrim ship" omitted by Act 63 of 2002, Section 8 (w.e.f. 1.2.2003).][, the Central Government is satisfied that the ship complies with the provisions of this Act and the rules made thereunder relating to construction, life saving appliances and space requirements, it may in addition to the certificates referred to in sub-sections (1) and (2), issue in respect of the ship a special trade passenger ship safety certificate and a special trade passenger ship space certificate.] [Inserted by Act 69 of 1976, Section 22 (w.e.f. 1.12.1976).]
(4)[ The certificates issued under sub-sections (1) and (2), sub-sections (1) and (2) of section 300 and section 301 shall be supplemented by a record of equipment in the prescribed form.] [ Inserted by Act 63 of 2002, Section 8 (w.e.f. 1.2.2003).][299-A. Safety construction certificates and construction certificates for cargo ships.
(1)Where in respect of any Indian cargo ship ][* * *] [ The words " of five hundred tons gross or more" omitted by Act 41 of 1984, Section 18 (w.e.f. 15.7.1985).] [the Central Government or any person authorised by it in this behalf] [ Substituted by Act 63 of 2002, Section 9, for " the Central Government" (w.e.f. 1.2.2003).] is satisfied that the ship has been surveyed in the manner prescribed under section 299-B and that she complies with the construction rules made under section 284, [that Government or the authorised person] [ Substituted by Act 63 of 2002, Section 9, for " the Central Government" (w.e.f. 1.2.2003).] may issue in respect of the ship-
(a)[if the ship is of five hundred tons gross or more and performs international voyages] [ Substituted by Act 41 of 1984, Section 18, for " if the ship performs international voyages" (w.e.f. 15.7.1985).], a certificate in the prescribed form to be called a cargo ship safety construction certificate;
(b)in other cases, a certificate in the prescribed form, to be called a cargo ship construction certificate.
(2)Where in respect of any such ship as is referred to in sub-section (1), there is in force an exemption certificate granted under section 302 [and the Central Government or any person authorised by it in this behalf] [ Substituted by Act 63 of 2002, Section 9, for " of the Act and the Central Government" (w.e.f. 1.2.2003).] is satisfied that the ship complies with all the requirements referred to in that sub-section other than those from which the ship is exempt under that certificate, [that Government or the authorised person] [ Substituted by Act 63 of 2002, Section 9, for " the Central Government" (w.e.f. 1.2.2003).] may issue in respect of the ship a certificate in the prescribed form to be called a qualified cargo ship safety construction certificate or a qualified cargo ship construction certificate.
(3)[ The owner of every ship in respect of which a certificate is issued under sub-section (1) or sub-section (2), sub-section (1) or sub-section (2) of section 300 or section 301 shall, so long as the certificate remains in force, cause the ship to be surveyed in the manner as specified in the Safety Convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be.] [ Inserted by Act 63 of 2002, Section 9 (w.e.f. 1.2.2003).]