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Union of India - Section

Section 86 in The Merchant Shipping Act, 1958

86. Recognition of certificates of competency or service granted in other countries. -

(1)If provision is made by the laws in force in any country other than India for the grant of certificates of competency [* * *] similar to those referred to in this Act, and the Central Government is satisfied-
(a)that the conditions under which any such certificates are granted in that country require standards of competency [* * *] [The words " or service" omitted by Act 33 of 1986, Section 3 (w.e.f. 14.8.1986).] not lower than those required for the grant under this Act of corresponding certificates; and
(b)that certificates granted under this Act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country;
the Central Government may, by notification in the Official Gazette, declare that any certificate of competency [* * *] [[ The words " or service" omitted by Act 33 of 1986, Section 3 (w.e.f.
14.8.1986).]] granted under the laws in force in that country and specified in that notification, shall for the purposes of this Act be recognised as equivalent to the corresponding certificate of competency [* * *] [The words " or service" omitted by Act 33 of 1986, Section 3 (w.e.f. 14.8.1986).] granted under this Act and specified in the notification.
(2)Whenever the provisions of this Act require that a person employed in any capacity on board any ship shall be the holder of a specified certificate of competency [* * *] [The words " or service" omitted by Act 33 of 1986, Section 3 (w.e.f. 14.8.1986).] granted under this Act, any person employed in that capacity shall, if he is the holder of a certificate recognised under sub-section (1) as equivalent to the first-mentioned certificate or to a certificate of higher grade granted under this Act, and still in force, be deemed to be duly certificated under this Act.[86-A. Foreign ships not to sail without certificated officers.
(1)Every master of a foreign ship shall, before proceeding to sea from any port or place in India, ensure that the ship has the requisite number of officers and engineers of appropriate grades as specified by the Convention.
(2)A surveyor or any person authorised in this behalf by the Central Government may, at any reasonable time, go on board a ship to which any of the provisions of this Part applies for the purpose of ensuring that the officers holding certificates issued in accordance with the Convention are actually appointed and are present, and satisfy himself about the adequacy of such officers for the watchkeeping duties in ports and at sea.
(3)If any report made under sub-section (2) by a surveyor or any person authorised in this behalf by the Central Government, reveals any deficiency in a foreign ship in relation to the requirements of the Convention and the Central Government is satisfied that it will be unsafe for such ship to proceed to sea, that ship may be detained by the officer authorised for this purpose till such requirements are fulfilled.]