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Union of India - Section

Section 328 in The Merchant Shipping Act, 1958

328. Load line certificates of ships other than Indian ships. -

(1)The provisions of this Part relating to the issue, effect, duration, [and cancellation of Indian load line certificates or, as the case may be, international load lines exemption certificates] shall apply to ships other than Indian ships as they apply to Indian ships subject to the following modifications, namely:-
(a)any such certificate may be issued in respect of any such ship as in respect of an Indian ship provided that [any such certificate issued in respect of a ship carrying cargo or passengers being an existing ship of one hundred and fifty tons gross or more or being a new ship of twenty-four metres or more in length] [[ Substituted by Act 25 of 1970, Section 14, for certain words (w.r.e.f.
21.7.1968).]] and registered in a country to which the Load Line Convention applies, shall only be valid so long as the ship is not plying on voyages from or to any port in India to or from any place outside India and shall be endorsed with a statement to that effect and shall be cancelled by the Central Government if it has reason to believe that the ship is so plying; and
(b)the survey required for the purpose of seeing whether the certificate should remain in force shall take place when required by the Central Government.
(2)If the Central Government is satisfied-
(a)that provision has been made for the fixing, marking and certifying of load lines by the law in force in any country outside India with respect to ships (or any class or description of ships) of that country and has also been so made (or has been agreed to be so made) for recognising Indian load line certificates as having the same effect in ports of that country as certificates issued under the said provision, and
(b)that the said provision for the fixing, marking and certifying of load lines is based on the same principles as the corresponding provisions of this Part relating to load lines and is equally effective, it may, by notification in the Official Gazette, direct that load line certificates issued in pursuance of the said provision or in respect of ships (or that class or description of ships) of that country, shall have the same effect for the purpose of this Part as Indian load line certificates:
[Provided that such direction shall not apply to any ship carrying cargo or passengers being an existing ship of one hundred and fifty tons gross or more or being a new ship of twenty-four metres or more in length if such ship is registered in a country to which the Load Line Convention applies, and is engaged in plying on voyages from or to any port in India to or from any port outside India.] [ Substituted by Act 25 of 1970, Section 14, for the proviso (w.r.e.f. 21.7.1968).]