Section 10 in The Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules, 2010
10. Duration and validity of certificate.
(1)An International Oil Pollution Prevention Certificate and an Indian Oil Pollution Prevention Certificate shall be issued for a period of five years.(2)Notwithstanding' anything contained in sub-rule (1), when the renewal survey is completed -(a)within three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of renewal survey for a period of five years from the date of expiry of the existing Certificate;(b)after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of such renewal survey for a period of five years from the date of expiry of the existing Certificate;(c)more than three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey for a period of five years from the date of completion of such renewal survey.(3)If a Certificate is issued for a period of less than five years, the Central Government may extend the validity of the Certificate beyond the expiry date to the maximum period specified in sub-rule (1):Provided that the surveys referred in clause (c) and (d) of sub-rule (1) of rule 6, which are required to be carried out wham a Certificate is issued for a period of five years, shall also be carried out as may be appropriate.(4)If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Central Government may endorse the existing certificate and such certificate shall be accepted as valid for a further period of five months from the expiry date.(5)If, at a time when the Certificate expires, a ship is not in the port in which it is to be surveyed, or in such other cases as it deems proper and reasonable so to do, the Central Government may, extend the period of validity of the certificate:Provided that such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to bee surveyed:Provided further that such extension shall not be granted for a period longer than three months:Provided also that a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled to leave that port without having a new Certificate and such new Certificate issued after the renewal survey is completed, shall be valid for a maximum period of five years from the date of expiry of the existing Certificate before the extension was granted.(6)Where a Certificate issued to a ship engaged on short voyages has not been extended under sub-rule (4), the Central Government may extend the period of grace up to one month from the date of expiry stated thereon and the new Certificate issued after the renewal survey is completed shall be valid for a period of five years from the date of expiry of the existing Certificate before the extension was granted.(7)Under such special circumstances as may be determined by the Central Government, the new Certificate shall be issued for a period of five years from the date of completion of the renewal survey and not from the date of expiry of the existing Certificate as provided in clause (b) of sub-rule (2), sub-rule (5) and sub-rule (6).(8)If an annual or intermediate survey is competed before the period specified in rule 6, then-(a)the anniversary date shown on the Certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;(b)the subsequent annual or intermediate survey as required by sub-rule (1) of rule 6 shall be completed at the intervals specified therein using the new anniversary date; and(c)the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys specified under sub-rule (1) of rule 6 are not exceeded.(9)A Certificate issued under rule 7 or 8 shall cease to be valid in any of the following cases, namely:-(a)if the surveys specified under sub-rule (1) of rule 6 are not completed within the period specified thereunder; or(b)if the Certificate is not endorsed in accordance with the provisions of clauses (c) and (d) of sub-rule (1) of rule 6;(c)upon a transfer of the ship to the flag of another State Party:Provided that no new Certificate shall be issued by any Government required to do so unless it is fully satisfied that the ship is in full compliance of the requirements of sub-rules (7) and (8) of rule 6:Provided further that in the case of a transfer between State Parties, if a request is made within three months after such transfer has taken place, the Government of the State Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Central Government copies of the certificate carried by the ship before such transfer and copies of survey reports, if available.
