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Union of India - Act

The Merchant Shipping (Continuous Discharge Certificates) Rules, 1960

UNION OF INDIA
India

The Merchant Shipping (Continuous Discharge Certificates) Rules, 1960

Rule THE-MERCHANT-SHIPPING-CONTINUOUS-DISCHARGE-CERTIFICATES-RULES-1960 of 1960

  • Published on 17 December 1960
  • Commenced on 17 December 1960
  • [This is the version of this document from 17 December 1960.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Merchant Shipping (Continuous Discharge Certificates) Rules, 1960Published vide Notification Gazette of India, 1960, Part 2, Section 3(i), page 2087.

1910.

G.S.R. 1557 dated 17th December, 1960. - In exercise of the powers conferred by Section 457 of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby makes the following rules, namely :-

1. Short title, commencement and application.

(1)These rules may be called the Merchant Shipping (Continuous Discharge Certificates) Rules, 1960.
(2)They shall apply to seamen engaged on ships other than home trade ships of less than 200 tons gross.
(3)They shall come into force on the 1st January, 1961.

2. Definitions.

- In these rules
(a)"Act" means the Merchant Shipping Act, 1958 (44 of 1958);
(b)"C.D.C." means a continuous discharge certificate, also called continuous certificate of discharge :
(c)"Form" means a form appended to these rules;
(d)"Shipping Master" means a shipping master of a port appointed under sub-section (1) of Section 11 of the Act and includes the officer in charge of the office at any other port where the business of shipping office is conducted.

3. Application for C.D.C.

(1)Any person desiring to be employed as a seaman from a port in India at which a shipping office has been established or a port where the business of shipping office is conducted may apply to the shipping master of the port for the issue of a C.D.C.
(2)Every such application shall contain a declaration that a C.D.C. has not previously been issued to the applicant and shall also be accompanied by two copies of the applicant's photograph. [**] [Omitted by G.S.R. 312, dated 8.5.90]

4. Issue of C.D.C.

(1)The Shipping Master in cases where he decides to issue a C.D.C. shall, after the descriptive particulars of the applicant have been entered in and the photograph affixed to the C.D.C., affix his signature and official seal on the photograph and issue the same to the applicant.
(2)A C.D.C. issued under these rules shall be in Form I and shall be serially numbered. It shall also bear the name of the port of issue and the distinguishing code letters of the port as specified in the Annexure to these rules.

5. Register of C.D.C.s.

(1)Shipping Master shall maintain a register of C.D.Cs. issued to seamen from his port in Form 2, which shall contain all the particulars recorded in the C.D.C.
(2)All subsequent entries in the C.D.Cs. issued from the port shall also be recorded in the register.

6. Entry on Discharge.

(1)At the time of discharge, the seaman shall, if he so desires, be granted by the Master of the ship on which he has been serving an entry in the C.D.C. specifying the particulars referred to in sub-section (2) of Section 120 of the Act.
(2)The entries made in the C.D.C. shall be attested by the Shipping Master of the port of discharge, and thereafter the C.D.C. shall be returned to the seaman concerned.

7. Period of validity.

- A C.D.C. granted under these rules shall be valid till it is withdrawn, cancelled or suspended under these rules.

8. Report of desertion etc.

- For the purposes of Section 192 of the Act, the proper officer shall be the Shipping Master.

9. Cancellation or suspension of a C.D.C.

(1)Where on a report received by him the Director-General is satisfied that a seaman has deserted his ship in the circumstances specified in Section 192, or that he has been convicted of an offence of the nature referred to in Section 195(2), the Director-General may direct the Shipping Master who issued the C.D.C. to withhold or suspend it for a specified period or cancel it.
(2)Where a C.D.C. is withheld, suspended or cancelled under sub-rule (1), the Shipping Master shall intimate the fact to the seaman concerned to his last known address and the Shipping Master of other ports in India and shall also endorse the fact in the original C.D.C. if and when available.

10. Register of C.D.Cs. cancelled, etc.

- The Shipping Master shall maintain a register of C.D.Cs. which have been withheld, cancelled or suspended under rule 9.

11. C.D.C. not to be issued in certain cases.

- No. C.D.C. shall be issued to a seaman under these rules to whom a C.D.C. has previously been issued from any port.

12. Duplicate C.D.C.

- [**] [Omitted by G.S.R. 312, dated 8th May, 1990] Where a C.D.C. issued under these rules is mislaid, lost, destroyed, defaced or mutilated, the seaman concerned may apply to the Shipping Master of the port concerned to issue a duplicate copy of the C.D.C. with all the entries of previous voyages or a summary of them recorded therein.

13. Return of C.D.Cs.

- Every Shipping Master shall, at the beginning of each quarter, furnish to the Director-General a return in form 3 of the number of C.D.Cs. issued to seamen from his port during the previous quarter.

14. Certificates of Discharge.

(1)A seaman may apply to the shipping Master of a port for the issue to him of a certificate of discharge applicable for any specified voyage instead of a C.D.C.
(2)The certificate of discharge referred to in sub-rule (1) shall be in form 4.
(3)The provisions of rules 8 and 9 shall apply to certificates of discharge issued under this rule.Form I[See rule 4(2)]Port 127Continuous-Discharge CertificateIssued under Merchant Shipping (Continuous Discharge Certificates) Rules, 1960
Photograph& Official Stamp
Note.-The above photo should be authenticated by impressing the Shipping Office Stamp and the Signature of the Shipping Master partly on the photo and partly on the book.
Name of the Seaman  
Code No. of thePort
and Registered No.  
of the DischargeBook
Notice to Seamen
(1)Seamen are informed that this continuous discharge certificate should be produced and handed to the Shipping Master, or Consul when signing Articles of Agreement, so that the engagement column may be filled in and the certificate give into the safe keeping of the Master of the ship.
(2)Should the seaman desert or fail to join, his book will be deposited by the Master with the Shipping Master, or Consul at the port where he left the ship, who will forward it to the Shipping Master of the port of engagement.
(3)Should this certificate become defaced or torn or filled up or should it get lost the shipping Master will, on application, arrange for the issue of a duplicate [***] [Omitted by G.S.R. 312, dated 8th May, 1990]
(4)Seamen are warned not to correct, alter or in any way tamper with the entries on this certificate as they are liable to be prosecuted if they do so.Note. - Should this certificate come into the possession of any person to whom it does not belong, it should be handed to the Shipping Master, or the nearest Mercantile Marine Office, or be transmitted to the Directorate General of Shipping, Bombay.Dis. A.Issued by
THEGOVERNMENT OF INDIA   CONTINUOUS
Nameof Seaman, in full Name of Father   Dateof Birth
     
Height Colourof Complexion
Feet Inches (1)Eyes (2)Hair  
  (1)(2)
Record of any award or commendation received by the seaman. The entry should be signed by the Shipping Master, dated and stamped.Foreign-goingHome TradeDischarge Certificate
Placeof Birth and Nationality Religion Certificateof competency, if any
    Grade Number
Tattooor other Distinguishing Marks
Issued at the Port of ..................................Date .................................Signature of Seaman or left hand thumb Impression ..........................} Shipping Master.*Strike out as necessary.
(1)Medical Roster No. & Port ..........................
(2)Pre-Sea Training Certificate No. and place of issue..................
(3)Seamen's Employment Office Registration No. Port & Date..................
(4)Certificate of Efficiency as a Life-boatman......................
(5)No. of Certificate of Competency in cooking......................Summary of former Certificate of Service
Character V.Good Good Declinedto report EndorsementNot required No.of Voyages
Ability          
Conduct          
VOYAGESNOT COMPLETED ...............................
Steamers No.of Voyages   Rating No.of Voyages  
          CONTINUOUS
No. [*] [These columns are to be filled in at time of engagement]Nameof ship and officialNumber,and tonnage Date& place of [*] [These columns are to be filled in at time of engagement]Rating
    Engagement Discharge  
1      
2      
3      
4      
5      
6      
7      
8      
9      
10      
11      
DISCHARGE CERTIFICATE
Descriptionof voyage Copyof Report of Character Signatureof Master and of Shipping Master/Consular officer with officialstamp
  Forability Forgeneral conduct  
1   (1)(2)
2   (1)(2)
3   (1)(2)
4   (1)(2)
5   (1)(2)
6   (1)(2)
7   (1)(2)
8   (1)(2)
9   (1)(2)
10   (1)(2)
11   (1)(2)
In Engineer's Books insert Horse Power. In Radio Officer's Books insert gross tonnage and wireless classification of ship.
CONTINUOUS
No. Nameof ship and official Number, and tonnage Date& place of Engagement Discharge Rating
12      
13      
14      
15      
16      
17      
18      
19      
20      
21      
22      
DISCHARGECERTIFICATE
Descriptionof voyage Copyof Report of Character Signatureof Master and of Shipping Master/Consular officer with officialstamp
  Forability Forgeneral conduct (1)(2)
12   (1)(2)
13   (1)(2)
14   (1)(2)
15   (1)(2)
16   (1)(2)
17   (1)(2)
18   (1)(2)
19   (1)(2)
20   (1)(2)
21   (1)(2)
22   (1)(2)
In Engineer's Books insert Horse Power. In Radio Officer's Books insert gross tonnage and wireless classification of ship.
CONTINUOUS
No. [*] [These columns are to be filled in at of engagement]Nameof ship and officialNumber,and tonnaget Date& place of Engagement[*] [These columns are to be filled in at of engagement]Discharge [*] [These columns are to be filled in at of engagement]Rating
23      
24      
25      
26      
27      
28      
29      
30      
31      
32      
33      
DISCHARGECERTIFICATE
Descriptionof voyage Copyof Report of Character Signatureof Master and of Shipping Master/Consular officer with officialstamp
  Forability Forgeneral conduct  
23   (1)(2)
24   (1)(2)
25   (1)(2)
26   (1)(2)
27   (1)(2)
28   (1)(2)
29   (1)(2)
30   (1)(2)
31   (1)(2)
32   (1)(2)
33   (1)(2)
In Engineer's Books insert Horse Power. In Radio Officer's Books insert gross tonnage andwireless classification of ship.
CONTINUOUS
No. [*] [These columns are to be filled in at time of engagement.]Nameof ship and official Number, and tonnaget Date& place of Engagement[*] [These columns are to be filled in at time of engagement.]Discharge [*] [These columns are to be filled in at time of engagement.]Rating
34      
35      
36      
37      
38      
39      
40      
41      
42      
43      
44      
DISCHARGECERTIFICATE
  Copyof Report of Character Signatureof Master and of Shipping Master/Consular officer with officialstamp
Descriptionof voyage Forability Forgeneral conduct  
34   (1)(2)
35   (1)(2)
36   (1)(2)
37   (1)(2)
38   (1)(2)
39   (1)(2)
40   (1)(2)
41   (1)(2)
42   (1)(2)
43   (1)(2)
44   (1)(2)
In Engineer's Books insert Horse Power. In Radio Officer's Books insert gross tonnage andwireless classification of ship.
CONTINUOUS
No. [*] [These columns are to be filled in at time of engagement.]Nameof ship and official Number, and tonnaget Date& place of Engagement[*] [These columns are to be filled in at time of engagement.]Discharge [*] [These columns are to be filled in at time of engagement.]Rating
45      
46      
47      
48      
49      
50      
51      
52      
53      
54      
DISCHARGECERTIFICATE
  Copyof Report of Character Signatureof Master and of Shipping Master/Consular officer with officialstamp
Descriptionof voyage Forability Forgeneral conduct  
45   (1)(2)
46   (1)(2)
47   (1)(2)
48   (1)(2)
49   (1)(2)
50   (1)(2)
51   (1)(2)
52   (1)(2)
53   (1)(2)
54   (1)(2)
HOMEADDRESS OF SEAMAN
(Tobe entered by the Seaman)
 
NEXT-OF-KINOF SEAMAN WITH ADDRESS
Name& Relationship..................................................Address.............................................
Register Of Gontinuous Discharge CertificateForm 2(See rule 5)Issued by the Goverment of India
REGISTEREDNO OF THE DISCHARGE BOOK ..................................
DATEOF ISSUE OF CERTIFICATE....................................................
(1)Medical Roster No. & Port.................................................(2)Pre-Sea Training Certificate No. and place of issue..........................(3)Seamen's Employment Office Registration No. Port & Date.....................(4)Certificate of Efficiency as aLife-boatman.........................................(5)No. of Certificate of Competency inCooking.........................................Nameof the seaman in full .........................Date ofBirth.......... Place of Birth and Nationality...............Raceor Religion {|
SEAMEN'SPHOTOGRAH
|}
Certificateof Competencey, if any
  Village.............................
  Thana..............................
[*] [Note-Stop orders should be written in red ink to arrest attention. Stop orders and other orders are to be cancelled as soon as they cease to oprate. All entries, additions and alterations in this register must be initialled by the Shipping Master and they will not, otherwise be recognised. Clerks are warned that they are liable be prosecuted if they tamper with this register.]Nameof seaman's father .......... P.O .................... Grade Number
  District............................
Height Colourof Complexion.................... Tattoor other Distinguishing marks
Feet Inches Eyes Hair    
Recordof any award or commendation received by the seaman.
(Theentry should be signed by the Shipping Mas Fr. dated and stamped)
SUMMERYOF FORMER CERTIFICATE OF SERVICE.
Character V.Good Good Declinedto report Endorsementnot required No.of Voyages Signatureof seaman or Issued on-left and thumb impression.
Ability      
Conduct      
VoyagesNot Completed .......................................
Steamers No.of Voyages Rating No.of Voyages
SHIPPINGMASTER
No. [*] [These columns are to be filled in at time of engagement.]Nameof Ship and official number and tonnaget Dateand place of [*] [These columns are to be filled in at time of engagement.]Rating Descriptionof voyage Copyof Report of Character Master's ShippingMaster Initial
    Engagement Discharge     Forability Forgeneral conduct    
1              
2              
3              
4              
5              
6              
7              
8              
9              
10              
11              
12              
13              
14              
15              
16              
17              
18              
19              
20              
21              
22              
23              
24              
25              
26              
27              
28              
29              
30              
31              
32              
33              
34              
35              
36              
37              
38              
39              
40              
41              
42              
43              
44              
45              
46              
47              
48              
49              
50              
51              
52              
53              
54              
55              
56              
57              
58              
59              
60              
Form 3(See rule 13)Return in respect of Continuous Discharge Certificates issued to seamen during the quarter ending .......................at the port of...........No. of Continuous Discharge Certificates issued
  Deck Engineroom Saloon Total
Foreign-going        
HomeTrade        
No. of duplicate Continuous Discharge Certificates issued............................Shipping MasterTo,The Director General of Shipping,Bombay.Form 4(See rule 14)Certificate Of Discharge(Section 119 of the Merchant Shipping Act, 1958)
No.......................
Nameof ship Precribedby the Government of India Seamandischarged from
OfficialNumber Port of Registry Nameand Official Number of ship Portof Registry Tonnage Descriptionof Voyage Employement
       
 
Nameof Seaman Nameof Seaman Placeof Birth Dateof Birth Capacity Dateof Engagement Dateof Discharge Placeof Discharg
       
 
Dateof Issue Signature of Shipping Master Heightand Identification marks Dateof sailing from Home Port Dateof arrival at Home Port
       
ICertify that the above particulars are correct, and that theabove-named Seaman was discharged accordingly.
DatedthisSeaman dayof 19Master.
[Annexure [Substituted by G.S.R. 305, dated 8th March, 1973.](See rule 4)Names of ports and their code letters for purposes of issue of Continuous Discharge Certificate
S.No. Nameof port Codeletters
1 2 3
1 BADAGARA BD
2 BALASORE BL
3 BHEEMUNIPATNAM BP
4 BOMBAY BY
5 CALCUTTA CL
6 CALINGAPATNAM CP
7 CHANDBAU CB
8 COCHIN CN
9 CANNANORE CR
10 CANNDAPUR CD
11 CUDDALORE CU
12 GOPALPUR GP
13 HONAVAR HO
14 KAKANADA KA
15 KANDLA KL
16 KARWAR KR
17 KOZHIKODE KE
18 MADRAS MS
19 MONGALORE MA
20 MORMUGAO MG
21 MASULIPATNAM MM
22 NAGAPATTINAM NM
23 PAMBAN PM
24 PONNANI PN
25 PORTONOVO PV
26 PURI PR
27 TELLICHERY TL
28 TUTICORIN TU
29 VISHAKHAPATNAM VM]