Union of India - Act
The Port Of New Mangalore (Harbour Craft) Rules, 1976
UNION OF INDIA
India
India
The Port Of New Mangalore (Harbour Craft) Rules, 1976
Rule THE-PORT-OF-NEW-MANGALORE-HARBOUR-CRAFT-RULES-1976 of 1976
- Published on 19 July 1976
- Commenced on 19 July 1976
- [This is the version of this document from 19 July 1976.]
- [Note: The original publication document is not available and this content could not be verified.]
2027.
G.S.R. 1169, dated 19th July, 1976. - Whereas draft of the port of New Mangalore (Harbour Craft) Rules, 1975, was published as required by sub-section (2) of Sec. 6 of the Indian Ports Act, 1908 (15 of 1908) at pages 3025 to 3030 of the Gazette of India, Part II, Section 3, sub-section (i), dated the 25th October, 1975, under the Notification of the Government of India in the Ministry of Shipping and Transport (Transport Wing), No. G.S.R. 2583, dated the 26th September, 1975, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of sixty days from the date of publication of that notification in the Official Gazette.And whereas the said Gazette was made available to the public on the 10th November, 1975;And whereas no objections or suggestions have been received from the public;Now, therefore, in exercise of the powers conferred by sub-section (1) of Sec. 6 of the said Act, the Central Government hereby makes the following rules, namely :1. Short title, commencement and application.
2. Definitions.
- In these rules, unless the context otherwise requires:3. Harbour craft to be licensed.
- No person shall, whether as owner, tindal or servant, use any harbour craft to carry goods or passengers, to or from, any vessel at the port or from place to place within the port unless the harbour craft has been duly licensed under these rules and a harbour craft licensed to ply between ship and shore may also ply from place to place within the port without a separate licence :Provided that nothing in this rule shall apply to4. Licensing of harbour craft.
5. Minor of female owners.
6. Licence, rules, etc., to be produced when demanded.
7. Distinctive numbering of licensed harbour craft.
8. Change of ownership or control of licensed harbour craft.
- When the holder of a licence transfers the ownership of the harbour craft to another person the licence shall cease to be valid on the expiry of six days from the date of such transfer and where such holder mortgages the harbour craft to, or places it under the control of another person, the licence shall cease to be valid on the expiry of six days from the date of such mortgage or placing unless an endorsement on the licence is made by the Deputy Conservator to the effect that notwithstanding such transfer or placing, the licence shall continue to be valid.9. Changes in crew or carrying capacity of licensed harbour craft to be reported.
10. Registration of tindals.
11. Annual and special inspection etc of licensed harbour craft and crew.
12. Repairs of licensed harbour craft ordered for inspection.
| ScaleOf Fees | |
| Rs. | |
| (i) For everyvessel the gross tonnage of which does not exceed 10 tons. | 90.00 |
| (ii) For everyvessel the gross tonnage of which exceeds 10 tons but does notexceed 25 tons. | 115.00 |
| (iii) For everyvessel the gross tonnage of which exceeds 25 tons but does notexceed 50 tons. | 145.00 |
| (iv) For everyvessel the gross tonnage of which exceeds 50 tons but does notexceed 75 tons. | 175.00 |
| (v) For everyvessel the gross tonnage of which exceeds 75 tons but does notexceed 100 tons. | 205.00 |
| (vi) For everyvessel the gross tonnage of which exceeds 100 tons but does notexceed 300 tons. | 230.00 |
| (vii) For everyvessel the gross tonnage of which exceeds 300 tons but does notexceed 600 tons. | 290.00 |
| (viii) For everyvessel the gross tonnage of which exceeds 600 tons but does notexceed 900 tons. | 350.00 |
| (ix) For everyvessel the gross tonnage of which exceeds 900 tons but does notexceed 1,200 tons. | 405.00 |
| (x) For everyvessel the gross tonnage of which exceeds 1,200 tons. | 405.00plus 60.00 tons for every 300 tons or part thereof in excess of1,200 tons. |
| (xi) For interimsurvey | 25.00/visit. |
13. Control of working of licensed harbour craft.
14. Obstructing port traffic.
15. Compliance with the provisions regarding prevention of collisions at sea-observance of the Merchant Shipping (Prevention of Collisions at Sea) Regulations, 1975.
-All licensed harbour crafts, when tinder way, shall comply with the provisions of the Merchant Shipping (Prevention of Collisions at Sea) Regulations, 1975.16. Refusal to ply without lawful excuse.
- If the owner or the tindal in charge of a licensed harbour craft plying regularly for hire refuses to ply for hire when required to do so without reasonable excuse, of which the Deputy Conservator shall, subject to the appeal provided in rule 27, be the sole deciding authority, the licence of such habour craft shall be liable to be revoked.17. Working of the licensed harbour craft at night and in bad weather.
18. Permissible loading of licensed harbour craft in fine and rough weather.
19. Power of tindal to prevent overloading.
- Whenever the number of passengers or the quantity of cargo in a licensed harbour craft exceeds the number or quantity entered in the licence, the tindal shall, before starting from the vessel or from the shore, require any passenger to leave the harbour craft or any consignor, consignee or shipping or landing agent concerned to remove from the harbour craft the whole or any part of the cargo.20. Attention to certain signals required of tindals.
- The owner of every licensed harbour craft shall instruct the tindal of such harbour craft to pay immediate attention to the harbour craft master flag, square blue flag with four parallel red bars running crosswise which will be displayed on the port flagstaff when the Deputy Conservator desired to carry out an inspection under rule 11.21. Licensed harbour craft not to interfere with mooring or approaching vessels before they anchor.
-No person in charge of or navigating any licensed harbour craft shall attempt to make such harbour craft fast to any mooring or mark buoy, or take it alongside of a vessel approaching an anchorage or mooring before such vessel has come to anchor or been moored to a buoy.22. Fishing boats not to be allowed near a cargo boat or alongside vessel.
23. Landing and shipping of passengers and goods to be within the port.
- All passengers and goods shall be landed or shipped in such places within the limits of the port as the Conservator may appoint and no person shall ship or land passengers or goods outside such places unless the sanction of the port and officers of customs at the port has previously been obtained.24. Rates of harbour craft hire.
- No owner, tindal or any member of the crew of a licensed harbour craft licensed to carry passengers for hire and no person deputed by the owner of such harbour craft, shall demand from any passenger hire charges exceeding that sanctioned by the Central Government and no owner, tindal or member of the crew of such harbour craft shall demand or accept any gratuity or present from any passenger during the course of its trip between any vessel and the shore or from place to place whether within or without the port.25. Prohibition of employment of convicted tindal, etc.
- If the tindal or any member of the crew of a licensed harbour craft is convicted for a breach of any of the provisions of these rules, the owner of the harbour craft shall, on being required so to do by the Deputy Conservator, dismiss such tindal or member of the crew from his employment.26. Revocation of Licences.
- If, in the opinion of the Deputy Conservator, the owner of any licensed harbour craft has contravened any of the provisions of these rules, he may, without prejudice to any other action that may be taken against such owner in respect of the contravention, cancel all or any of the licences held by the owner.27. Appeal from Deputy Conservator's decision.
28. Fees.
- The following fees shall be leviable for survey, licensing, inspectionof the harbour crafts :| Servicerendered | Boatsother than canoes and shoe-dhonies | Canoesand shoe-dhonies | Catamarans | Powerdriven craft |
| Rs.Ps. | Rs.Ps. | Rs.Ps. | Rs.Ps. | |
| 1.Issue of licence | 6.00 | 2.00 | 2.00 | 50.00 |
| 2.Amendment of the licence or transfer of licence in favour ofanother person | 2.00 | 2.00 | 2.00 | 2.00 |
| 3.Grant of duplicate licence when the original is lost, mislaid orrendered illegible. | 3.00 | 2.00 | 2.00 | 2.00 |
| 4.Registration of Tindal | 2.00 | 2.00 | 2.00 | 2.00 |
| 5.Amendment to registration of tindal | 2.00 | 2.00 | 2.00 | 2.00 |
| 6.For each survey and measurement | 10.00 | 4.00 | 4.00 | 95.00 |
| 7.Annual inspection | 6.00 | 2.00 | 2.00 | 50.00 |
| 8.Special inspections | 5.00 | 2.00 | 2.00 | 50.00 |
29. Special provisions applicable to steam boats and motor boats licensed under these rules.
| Rs. | |
| First-ClassMaster's Certificate | 16.00 |
| Second-ClassMaster's Certificate | 6.00 |
| Serang'sCertificate | 4.00 |
| Second-ClassEngine Driver's or Second Class Motor Engine Driver's Certificate | 4.00 |
| First-Class EngineDriver's or First Class Motor | |
| Engine Driver'sCertificate | 10.00 |
| Engineer's orMotor Engineer's Certificate | 12.00 |
30. Fire extinguishing equipment and silencers, etc.
31. Sinking of licensed harbour craft.
- The owner of any licensed harbour craft which has been sunk within the port area shall forthwith report the fact of such sinking and the place where it occurred to the Deputy Conservator.Form A[See rule 4 (2)]Licence No.Licence granted to .......................owner of boat measuring.....................feet long.................feet board..................feet deep .......................registered tons, to carry cargo (other than animals) and/or passengers, animals to the extent specified below, to and from ships at or off the port of New Mangalore under the restrictions and subject to the penalties laid down in the port of New Mangalore (Harbour Craft) Rules, 1976.| Dateof Registry | Name,number and description of Harbour Craft | Hig.and equipment | Whenbuilt and where | Whenrepaired last and in what condition | Cargowithout passengers | |
| Numberof animals and and presumed weight | Weightof cargo other than animals | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Infine weather, In rough weather | Infine weather In rough weather | |||||
| Date: | ||||||
| Note.- Two children under 12 years of age=1 adult. | ||||||
| DeputyConservator |
| Numberof passengers without cargo | Numberof crew | Particularsrespecting the owner or owners of the boat | Particularsrespecting tindal of the boat | Periodfor which the licence is to be in force | Remarks | ||
| Namesor Names | Occupation,place or places of residence | Name | Placeof residence | ||||
| 8 | 9 | 10 | 11 | 12 | 13 | 14,15 | |
| Infine weather | Infine weather | ||||||
| TindalLascars | |||||||
| Inrough weather | Inrough weather | ||||||
| TindalLascars. | |||||||
| DeputyConservator. | |||||||
| Extendedto ........................................................... | |||||||
| DittoDittoDittoDittoDittoDittoDittoDitto | |||||||
| Endorsementfor change of Tindal |
| S.No. | Dateof Registry | Numberof Harbour craft | Name | Age | ||
| Years | Months | Days | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Placeof Residence | Signature/Thumbimpression (in case of illiterate) | Remarks | ||||
| 8 | 9 | 10 | ||||