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State of Odisha - Act

The Inland Vessels (Grant of Certificate of Competency to Masters and Serangs of Inland Vessels) (Orissa) Rules, 1984

ODISHA
India

The Inland Vessels (Grant of Certificate of Competency to Masters and Serangs of Inland Vessels) (Orissa) Rules, 1984

Rule THE-INLAND-VESSELS-GRANT-OF-CERTIFICATE-OF-COMPETENCY-TO-MASTERS-AND-SERANGS-OF-INLAND-VESSELS-ORISSA-RULES-1984 of 1984

Published on 18 May 1984
Commenced on 18 May 1984
[This is the version of this document from 18 May 1984.]
[Note: The original publication document is not available and this content could not be verified.]

The Inland Vessels (Grant of Certificate of Competency to Masters and Serangs of Inland Vessels) (Orissa) Rules, 1984Published vide Notification No. S.R.O. 545/84, dated 18th May, 1984, Orissa Gazette Extraordinary No. 921/30-5-1984Notification No. S.R.O. 545/84, dated 18th May, 1984. - Whereas the draft of the Inland Vessels (Grant of Certificate of Competency to Masters and Serangs of Inland Vessels) (Orissa) Rules, 1983 was published as required by Section 74 of the Inland Vessels Act, 1917 (I of 1917), in the extraordinary issue No.1471, dated the 8th November, 1983 of the Orissa Gazette under the notification of the Government of Orissa in the Commerce and Transport (Ports) Department No. 3470/P.D., dated the 27th August, 1983 inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of thirty days from the date of publication of the said notification in the Official Gazette;And whereas, no objection or suggestion has been received in respect the said draft by the State Government;Now, therefore, in exercise of the powers conferred by Section 29 of the said Act, the State Government do hereby make the following rules, namely :

1. Short title and commencement.

(1)These rules may be called the Inland Vessels (Grant of Certificate of Competency to Masters and Serangs of Inland Vessels) (Orissa) Rules, 1984.

(2)They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.

(1)In these rules, unless the context otherwise requires-

(a)"Act" means the Inland Vessels Act, 1917;

(b)"candidate" means a person desirous of obtaining a certificate of competency;

(c)"certificate of competency" means a certificate of competency granted under these rules to act as Master or Serang on board inland mechanically propelled-vessel;

(d)"Examiner" means person or persons appointed by the State Government by notification under Section 20 of the Act;

(e)"Form" means a form appended to these rules;

(f)"Government" means the Government of Orissa;

(g)"nominal horse power" shall be construed as equivalent to 5.65 brake horse-power.

(2)All other words and expressions used but not defined in these rules shall have the same meaning respectively assigned to them in the Act.

3. Certificate of competency.

- Certificate of competency shall be granted to person who passes the requisite examination conducted for the purpose under these rules.

4. Conduct of examination.

- The examination shall be conducted by the Examiner twice every year in the months of April and November.

5. Commencement of examination.

- The date of examination and the programme shall be notified by the Examiner at least thirty days before the date of commencement of the examination.

6. Application for examination.

(1)Every candidate shall deliver to the Examiner not later than the day before the commencement of the examination-

(i)an application in Form, 'A', for permission to appear at the examination which shall be filled up at the office of Examiner;

(ii)testimonials and discharge certificates, if any, in original, regarding character, sobriety, experience, ability and good conduct on board ship and inland vessels for at least the last twelve months of his service preceding the date of his application from the employer or from a Gazetted Officer in case of unemployed candidates for permission to appear at the examination;

(iii)the prescribed examination fees ; and

(iv)the certificate of birth or in the absence of such certificate, any other authentic evidence as to his age.

(2)No candidate shall be permitted to appear at the examination unless the candidate deliver to the Examiner the prescribed examination fees, the application and testimonials referred to in this rule.

7. Sight and colour test.

(1)A person desirous of appearing in sight and colour test, prior to his appearing for the certificate of competency examination, shall make application to the Examiner alongwith a fee of rupees five by crossed postal order.

(2)No candidate shall be examined in colours until and unless the candidate passes the sight tests notwithstanding the fact whether the candidate has or has not on any previous occasion passed the sight tests. A candidate who fails to pass the sight test shall be eligible to be re-examined at intervals of six months.

(3)Candidates who fail to pass in colours shall be allowed to avail three chances at intervals of six months on payment of fees provided under Sub-rule (1).

(4)In no circumstances a candidate shall be permitted to appear at the examination for the certificate of competency as Serang, second class Master and first class Master until and unless the candidate passes in colour test.

8. Certificate of competency as Serang of vessel of less than forty nominal horse power.

(1)A candidate shall not be admitted to the examination tor certificate of competency a Serang, unless the candidate-

(i)has passed the sight and colour test;

(ii)has attained twenty-one years of age as on the date of examination;

(iii)fulfils the conditions prescribed under Rule 6;

(iv)is able to read and write Oriya, Hindi and English languages; and

[Note-II Lescar Grade-II recruited in Paradeep Port Trust who have educational qualification of 5th standard may be allowed to appear, such competency examination, [up to the end of the year 2006.] [Added vide O.G.E. No. 1209 dated 2.11.1995.]]

(v)has rendered not less than four years of service at sea or on inland waters, the last year of which must be as helmsman on an inland mechanically propelled vessel.

(2)The candidate shall be examined orally in the following subjects, namely :

(i)the rules of the road;

(ii)the general principles of river navigation;

(iii)the storm signals;

(iv)the port rules and knowledge of buoys, lights, land marks, channels, sands and of tides in ports of Orissa and their approaches;

(v)the management of inland mechanically propelled vessels, harbour crafts, fishing trawlers, coastal navigation seamanship, fishing technology, elementary mathematics and science;

(vi)his knowledge of the Act with rules made thereunder and the notifications issued under Sections 29, 52, 53, 54, 67, 68 and 70 of the Act.

(3)Candidates who fail in the examination shall be allowed to be reexamined after rendering additional service for six months as a helmsman.

9. Certificate of competency as second class Masters.

- A candidate shall not be admitted to the examination for certificate of competency as second class Master, unless the candidate-(i)has passed the sight and colour tests;(ii)has attained twenty-two years of age on the date of the Examination;(iii)fulfils the conditions prescribed under Rule 6(iv)is able to read and write Oriya, Hindi and English languages and has served for at least five years at sea or on inland water; and[Note-II Lescar Grade-II recruited in Paradeep Port Trust who have educational qualification of 5th standard may be allowed to appear, such competency examination, [up to the end of the year 2006.] [Added vide O.G.E. No. 1209 dated 2.11.1995.]](v)has rendered at least three years' service as helmsman (seacunny) of a vessel of not less than 45 nominal horse power or Serang of an inland mechanically propelled vessel of not less than 40 nominal horse power with valid certificate of competency.

(2)The candidates shall be examined orally in the following subjects, namely :

(i)the general principle of river navigation;

(ii)the rules of the road;

(iii)the management of inland mechanically propelled vessels, harbour crafts and fishing trawlers;

(iv)storm signals;

(v)tide tables;

(vi)port rules and knowledge of buoys, lights, land marks, channels, sands and set of tide in the ports of Orissa and their approaches;

(vii)coastal navigation, seamanship, fishing technology, elementary mathematics and science;

(viii)his knowledge of the Act and the rules made under Sections 29, 52, 53, 54, 67 and the notifications issued under Sections 68 and 70 of the Act;

(ix)reading the points of the compass.

(3)The candidates who fail in the examination shall be eligible to be re-examined after rendering additional service for six months as a, helmsman.

10. Certificate of competency as first class Master.

(1)A candidate shall not be admitted to the examination for certificate of competency as first class Master unless the candidate-

(i)has passed the sight and colour tests;

(ii)has attained twenty-four years of age on the date of examination;

(iii)fulfils the conditions prescribed under Rule 6 ; and

(iv)is able to read and write Oriya, Hindi and English languages and has served as second class Master in charge of an inland mechanically propelled vessel for not less than three years or, while possessing a second class Master's certificate, has served as Second Serang of an inland mechanically propelled vessel for not less than four years, or must be not less than 22 years of age and hold a certificate of competency as second mate granted under the Indian Merchant Shipping Act, 1958 and has served as a mate of an inland mechanically propelled vessel or in a vessel of the Paradeep Port Trust, Paradeep or Master of a river flat for not less than one year; or must be not less than 24 years of age and must have served either, not less than three years at sea and three years as a mate of an inland mechanically propelled vessel or in a vessel of the Paradeep Port Trust Paradeep; or Master of an inland mechanically propelled vessel or in a vessel of the Paradeep Port Trust, Paradeep or Master of a river flat.

[Note. - Lascar, Grade II recruited in Paradeep Port Trust who have educational qualification of 5th standard and have passed the 2nd Class Master Certificate Examination, may be allowed to appear such competency examination, up to the end of the year 2006] [Added vide O.G.E. No. 101 dated 22.1.2003.],

(2)Each candidate shall be examined orally in the following subjects, namely :

(i)the rules of the road;

(ii)the management of river steamers under all contingencies;

(iii)tide tables;

(iv)storm signals;

(v)the port rules and knowledge of buyos, lights, land marks, channels, sands and set of tide in the ports of Orissa and their approaches; his knowledge of the Act and the rules made under Sections 29, 52, 53, 54 and 67 and the notifications issued under Sections 68 and 70 of the Act, Harbour Crafts and Fishing Trawlers;

(vi)an elementary knowledge of the compass ; and

(vii)coastal navigation seamanship, fishing technology, elementary mathematics and science.

(3)A candidate who fails in the examination shall be eligible to be reexamined after rendering additional service for three months as mate of a river steamer, fishing trawler or in a vessel of the Paradeep Port Trust, or as Master of a river flat.

11. Grant of certificate of Competency.

- If the candidate satisfies the Examiner as to his knowledge of the prescribed subjects and competency to command an inland vessel, his name shall be recommended by the Examiner to the Government for grants of necessary certificate of competency.

12. Examination fees.

(1)Every candidate shall pay the following examination fees for appearing at the examination as required under Sub-rule (2) of Rule 6 :

	Rs.
First Class Master	50
Second Class Master	40
Serang	25

(2)Examination fee paid shall under no circumstances be refunded.

13. Issue of certificate of issued competency.

- Certificates of competency of first and second class Masters and Serangs, shall be in Forms 'B', 'C' and 'D', respectively.

14. General.

- Every certificate of competency shall be made in duplicate of which one copy shall be delivered to the candidate and the other shall be kept on record by the Port Development Officer.

15. Repeal and savings.

- The rules "Grant of Certificate of Competency to Serangs of Inland Steam and Motor Vessels Plying on the Orissa Canals and Rivers, 1933" published with the notification of the Government of Bihar and Orissa No. 366-VIS-7/33-Com.-R., dated the 21st September, 1933 as amended by the Government of Orissa in the Commerce (Ports) Department under Notification No. 449/PD.-VII. PDP-139/63, dated the 4th February, 1964 which were hitherto been in force in the State of Orissa, are hereby repealed :Provided that anything done or any action taken under the rules -to repealed shall be deemed to have been done or taken under these viules.Form 'A'[Rule 6 (1) (i)]Form of application Application for certificate of competency to act as Serang/second' class Master/first class Master of an inland mechanically propelled, vessel under Act I of 1917

1. Name of applicant in full (in Capital Letters)............

2. Father's name.............

3. Permanent address...............

4. Present address..............

5. Date and place of birth............

6. Whether belongs to Scheduled Caste or Scheduled Tribe and, if so, attach certificate to that effect obtained from Tahsildar in whose jurisdiction the applicant resides...............

7. Whether a permanent resident of Orissa................

8. Educational qualifications (True copies of supporting certificates should be attached)................

9. Experience (Certificate in support of it should be attached)..........

10. Age as on the date of examination (Certificate of age from the school last studied should be attached)..................

11. Physical fitness-

(a)Height

(b)Chest (Unexpanded)

(c)Chest (Expanded)

(d)Weight

(e)Vision

Note. - Certificate in support of the physical standards obtained from a Medical Practitioner not below the rank of an Assistant Surgeon should be attached.

12. Any other qualifications.........

13. If failed in previous examination, state when and where.............

I hereby declare the above statements to be true.Dated the...........20....Full signature of the applicant(To be filled in by the Examiner)The above declaration was signed in my presence and the requisite examination fees of Rs...........in cash has been received by me and credited to the head "135-Ports, Light Houses and Shipping-A- ports and Pilotage (a) Other receipts".

14. List of testimonials and statements of services-

No. of testimonials produced	Whether employed, and if so, state the name ofvessel in which employed	Date of commencement of service	Date of determination of service	Period employed in service	Remarks
(1)	(2)	(3)	(4)	(5)	(6)

15. Certificate of Examiner-

(a)Date and place of examination..

(b)Passed/Failed............

16. Personal description of applicant-

(a)Height(b)Weight(c)Chest(d)Complexion(e)Personal marks(f)Colour of hair(g)Colour of eyesI do hereby certify that the particulars contained in item Nos. 15 and 16 above are correct.Signature of the ExaminerForm 'B'[Rule 13]Certificate of competency as first class Master of an Inland Vessel under Act 1 of 1917To...............Whereas, it has been recommended by the Examiner appointed under Section 20 of the Inland Vessels Act, 1917 that you have been found, after examination, duly qualified to act as first class Master of an Inland Mechanically Propelled Vessel under the said Act, I do hereby, in pursuance of Section 21 of the said Act, grant you this Certificate of Competency as first class Master to ply in the State of Orissa rivers, canals, [ports] [Inserted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/31.8.1988.] and estuaries of tidal waters.By order of the GovernorGiven under my hand and seal.[* * *] [Deleted vide Orissa Gazette Extraordinary No. 1473/11 10.1988-SRO No. 588/88/31.8.1988.]..............Secretary to Government,[Commerce and Transport] [Inserted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/31.8.1988.] DepartmentThe day of..............No. of Certificate.......Address of owner.........Date and place of birth........Signature........Issued aton the.........day of..............20....RegisteredSignaturePort Development Officer[Commerce and Transport Department,] [Substituted vide Orissa Gazette Extraordinary No. 1473/11 10.1988-SRO No. 588/88/31.8.1988.] OrissaNotes - (1) Any Master who fails to deliver up a certificate which has been cancelled or suspended is liable to a penalty not exceeding Rs. 500.

(2)Any person other than the owner of this certificate who comes in possession of this certificate is required to transmit it forthwith to the Secretary to Government of Orissa, [Commerce and Transport Department,] [Substituted vide Orissa Gazette Extraordinary No. 1473/11 10.1988-SRO No. 588/88/31.8.1988.] Bhubaneswar.Form 'C'[Rule 13]Certificate of competency as second class Master of an Inland Vessel under Act I of 1917ToWhereas, it has been recommended by the Examiner appointed under Section 20 of the Inland Vessels Act, 1917 that you have been found, after examination, duly qualified to act as second class Master of an Inland Mechanically Propelled Vessel having engines of 40 nominal horse power or upwards, but of less than 100 nominal horsepower. I do hereby, in pursuance of Section 21 of the said Act, grant you this Certificate of Competency as second class Master to ply in the State of Orissa rivers, canals, ports and estuaries of tidal waters.By order of the GovernorGiven under my hand and seal[* * *] [Deleted vide Orissa Gazette Extraordinary No. 1473/11 10.1988-SRO No. 588/88/31.8.1988.]..............Secretary to Government,[Commerce and Transport] [Inserted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/31.8.1988.] DepartmentThe day of..................No. of certificate........Bearer son of by caste...........................Date and place of birth (showing village, thana and district, etc.)...Residence (showing village, thana and district, etc.)..............Personal description stating particularly any permanent marks or scars........Number of Register Ticket.............Signature.........Issued...., on the day of 20.....Registered[* * *] [Deleted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/ 31.8.1988.]Port Development Officer,[Commerce and Transport Department,] [Substituted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/ 31.8.1988.] OrissaNotes - (1) Any Master who fails to deliver up a certificate which has been cancelled or suspended is liable to penalty not exceeding Rs. 500.

(2)Any person other than the owner of this certificate who comes in possession of this certificate is required to transmit it forthwith to the Secretary to Government of Orissa, [Commerce and Transport Department,] [Substituted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/ 31.8.1988.] Bhubaneswar.Form 'D'[Rule 13]Certificate of competency as Serang of an Inland Vessel under Act 1 of 1917ToWhereas it has been recommended by the Examiner appointed under Section 20 of the Inland Mechanically Propelled Vessels Act, 1917 that you have been found, after examination, duly qualified to act as Serang of an Inland Vessel having engines of less than 40 nominal horse powers, I do hereby, in pursuance of Section 21 of the said Act, grant you this Certificate of Competency as Serang to ply in the State of Orissa rivers, canals and approaches.Given under my hand and sealBy order of the Governor[* * *] [Deleted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/ 31.8.1988.]Secretary to Government,[Commerce and Transport] [Inserted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/ 31.8.1988.] DepartmentThe............day of.........No. of Certificate..........Bearer son of.........by caste....Date and place of birth (showing village, thana and district)..............Residence (showing village, thana and district)...............Height..........Personal description stating particularly any permanent marks or scars...........Number of Register Ticket.............Signature...........Issued at...........on the.................day of....20.....RegisteredSignaturePort Development Officer,[Commerce and Transport Department] [Substituted vide Orissa Gazette Extraordinary No. 1473/11.10.1988-SRO No. 588/88/31.8.1988.]Notes. - (1) Any Serang who fails to deliver up a certificate which has been cancelled or suspended is liable to a penalty not exceeding under Section 61 of the said Act.

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