Section 1A in The Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules, 2010
1A. Definitions.
- In these rules, unless the context otherwise requires, -(1)"Act" means the Merchant Shipping Act, 1958 (44 of 1958);(2)"amidships" means at the' middle of the length of the ship;(3)"anniversary date" means the day and the month of each year, which corresponds to the date of expiry of the International Oil Pollution Prevention Certificate or the Indian Oil Pollution Prevention Certificate;(4)"areas", in relation to a ship, means the area calculated in all cases to moulded lines;(5)"Breadth" means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material, measured-in meters;(6)"Centre tank" means any tank inboard of a longitudinal bulkhead;'(7)"Certificate" means the International Oil Pollution Prevention Certificate or, as the case may be, the Indian Oil Pollution Prevention Certificate, issued under rule 7.(8)"certifying authority" means the Central Government;(9)"chemical tanker" means a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker when carrying a cargo or part cargo of noxious liquid substances in bulk;(10)"clean ballast" means the ballast in a tank which, since oil was last carried therein, has been so cleaned that the effluent therein, if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or, on adjoining shorelines or cause a sludge or emulsion, to be deposited beneath the surface of the water or upon adjoining shorelines and if the ballast is discharged through a specified oil discharge monitoring and control system, evidence based on such system to the effect that the oil content of the effluent did not exceed fifteen parts per million shall be determinative that the ballast was clean, not with standing the presence of visible traces referred to above;(11)"combination carrier" means a ship designed to carry either oil or solid cargoes in bulk;(12)"Convention" shall have the same meaning as assigned to it in clause (e) of section 356B;(13)"Convention Country" means a country which is a party to the Convention and also referred to as the State Party;(14)"crude oil" means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil-(i)from which certain distillate fractions may have been removed; and(ii)to which certain distillate fractions may have been added;(15)"crude oil tanker"'means an oil tanker engaged in the trade of carrying crude oil;(16)"deadweight" means the difference in metric tons between the displacement of a ship in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship;(17)"discharge", in relation to harmful substances or effluents containing such substances, means any release, howsoever ,caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying aforesaid substances, but does not include -(i)dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed in London 011 the 13th November, 1972;(ii)release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or(iii)release of harmful substances for the purpose of legitimate scientific research into pollution abatement or control and the term "to discharge" shall be constructed accordingly;(18)"filtering equipment" means filters or any combination of separators and filters which are designed to produce effluent containing not more than fifteen parts per million of oil;(19)"Flag State" means the State whose flag a ship is entitled to fly;(20)"forward and after perpendiculars" means to be taken at the forward and after ends of the length and the forward perpendicular shall coincide with the foreside of the stem on the waterline oh which the length is measured;(21)"Government ship" means the ship owned by the Central Government or the State Government;(22)"incident" means an event involving the actual or probable discharge into sea of oil or oily mixture; (23) "Indian controlled waters" means the inland waters, territorial sea and exclusive economic zone controlled by India;'(23)"Indian controlled waters" means the inland waters, territorial sea and exclusive economic zone controlled by India;(24)"instantaneous rate of discharge of oil content" means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant;(25)"International Bulk Chemical Code" means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the International Maritime Organization;(26)"length" means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem, to the axis of the rudder stock on that waterline, whichever is greater; but in ships designed with a rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline; arid length shall be measured in meters.(27)"lightweight" means the displacement of a ship in metric tons without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, passengers, crew and their effects;(28)"major conversion" means a conversion of a ship -(i)which substantially alters the dimensions or carrying capacity of the ship; or(ii)which changes the type of the ship; or(iii)the intent of which, in the opinion of the Director General, is substantially to prolong its life; or(iv)which otherwise so alters the ship that, if it were a new ship, it would have been subjected to the provisions of these rules 'applicable to ships delivered after the 31st December, 1979, as defined in clause (45) and not to existing ships delivered on or before 31st December 1979, as defined in clause (46);but does not include-;(i)conversion of an oil tanker of twenty thousand tons dead weight and above delivered on or before the 1st June, 1982, as defined in clause (33), to meet the requirements of rule 18; and:(ii)conversion of an oil tanker delivered before the 6th July 1996, as defined in clause (35) to meet the requirements of rules 19 and 20.(29)"Maritime Environment and Protection Committee" means the Marine Environment Protection Committee of the International Maritime Organization;(30)"Merchant shipping notice" means a notice issued by the Director General as such;(31)"Nearest land" means the nearest base-line from which the territorial sea of any territory is established in accordance with the United Nations Convention on the Law of the Sea;(32)"oil fuel" means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried;(33)"oil tanker delivered on or before 1st June, 1982" means an oil tanker.-(a)for which the building contract is placed on or before 1st June, 1979; or(b)in the absence of a building contract, the keel of which is laid'or which is at a similar stage of construction on or before the 1st January, 1980; or(c)the delivery of which is on or before 1st June, 1982; or(d)which has undergone a major conversion.-(i)for which the contract is placed on or before the 1st June, 1979; or(ii)in the absence of a contract, the construction work of which is begun on or before the 1st January, 1980; or(iii)which is completed on or before the 1st June, 1982.(34)"oil tanker delivered after 1st June, 1982" means an oil tanker.-(a)for which the building contract is placed after 1st June, 1979; or(b)in the absence of a building contract; the keel of which is laid or which is at a similar stage of construction after the 1st January, 1980; or(c)the delivery of which is after the 1st June, 1982; or(d)which has undergone a major conversion.-(i)for which the contract is placed after the 1st June, 1979; or(ii)in the absence of a contract, the construction work of which begun after the 1st January, 1980; or(iii)which is completed after 1st June, 1982.(35)"oil tanker delivered before 6th July, 1996 means an oil tanker -(a)for which the building contract is placed before the 6th July, 1993; or(b)in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction before 6th January, 1994; or(c)the delivery of which is before 6th July, 1996; or(d)which has undergone a major conversion.-(i)for which the contract is placed before 6th July, 1993; or(ii)in the absence of a contract, the construction work of which is begun before 6th January, 1994; or(iii)which is completed before 6th July, 1996.(36)"oil tanker delivered on or after the 6th July, 1996" means an oil tanker.-(a)for which the building contract is placed on of after 6th July, 1993; or(b)in the absence of a building contract, the keel of which is laid or which similar stage of construction on or after the 6th January, 1994; or(c)the delivery of which is on or after the 6th July, 1996; or(d)which has undergone a major conversion.-(i)for which the contract is placed on or after the 6th July, 1993; or(ii)in the absence of a contract, the construction work of which is begun on or after the 6th January, 1994; or(iii)which is completed on or after the 6th July, 1996.(37)"oil tanker delivered on or after the 1st February, 2002" means an oil tanker -(a)for which the building contract is placed on or after the 1st February, 1999; or(b)in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after the 1st August, 1999; or(c)the delivery of which is on or after the 1st February, 2002; or(d)which has undergone a major conversion .-(i)for which the contract is placed on or after the 1st February, 1999; or.(ii)in the absence of a contract, the construction work of which is begun on or after the 1st August, 1999; or(iii)which is completed on or after the 1st February, 2002.(38)"oil tanker delivered on or after the 1st January, 2010" means an oil tanker-(a)for which the building contract is placed on or after the 1st January, 2007; or(b)in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after the 1st July, 2007; or(c)the delivery of which is on or after the 1st January, 2010; or(d)which has undergone a major conversion -(i)for which the contract is placed on or after the 1st January, 2007; or(ii)in the absence of a contract, the construction work of which is begun on or after the 1st July, 2007; or(iii)which is completed on or after the 1st January, 2010.(39)"Organisation" means the International Maritime Organisation;(40)"permeability of a space" means the ratio of the volume within that space, which is assumed to be occupied by water to the total volume of that space;(41)"parts per million" means parts of oil per million parts of water by volume;(42)"product carrier" means an oil tanker engaged in the trade, of carrying oil other than crude oil;(43)"sea" includes any estuary or arm of the sea;(44)"segregated ballast" means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious liquid substances;(45)"Ship delivered after the 31st December, 1979" means a ship -(a)for which the building contract is placed after the 31st December, 1975; or(b)in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after the 30th June, 1976; or(c)the delivery of which is after the 31st December, 1979; or(d)which has undergone a major conversion -(i)for which the contract is placed after the 31st December, 1975; or(ii)in the absence of a contract, the, construction work of which is begun after the 30th June, 1976; or(iii)which is completed on or before the 31st December, 1979.(46)Ship delivered on or before the 31st December, 1979 means a ship -(a)for which the building contract is placed on or before 31st December, 1975; or(b)in the absence of a building contract, the keel of which is laid or which is at a similar, stage of-construction on or before the 30th June 1976; or(c)the delivery of which is on or before the 31st December 1979; or(d)which has undergone a major conversion -(i)for which the contract is placed on or before the 31st December, 1975; or(ii)in the absence of a contract, the construction work of which is begun on or before the 30th June, 1976; or(iii)'which is completed on or before the 31st December, 1979.(47)"ship delivered on or after the 1st August, 2010" means a ship.-(a)for which the building contract is placed on or after the 1st August, 2007; or(b)in the absence of a building contract, the keel of which are laid or which are at a similar stage of construction on or after the 1st February, 2008; or :(c)the delivery of which is on or after the 1st August, 2010; or(d)which have undergone a major conversion-(i)for which the contract is placed after-the 1st August; 2007; or(ii)in the absence of contract, the construction work of which is begun after the 1st February, 2008; or(iii)which is completed after the 1st August, 2010.(48)"slop tank" means a tank specifically designed for the collection of tank draining, tank washings and other oily mixtures;(49)"special area", means a sea area where, for recognised technical reasons in relation to its oceanographical and ecological conditions, and to the particular character of its traffic, the adoption of special mandatory methods for the prevention of sea pollution by oil are required and includes special areas specified below, namely:-(i)the Mediterranean Sea area which means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41ºN parallel and bounded to the west by the Straits Gibraltar at the meridian of 5º36'W;(ii)the Baltic Sea area which means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57º44.8'N;(iii)the Black Sea area which means the Black Sea proper with the boundary between the Mediterranean Sea and the Black Sea constituted by the parallel 41ºN;(iv)the Red Sea area which means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12º28.5' N, 43º19.6' E) and Husn Murad (12º40.4' N, 43º30.2' E);(v)the Gulfs area which means the sea area located north-west of the rhumb line between Ras al Hadd (22º 30'N, 59º48' E) and Ras al Fasteh(25º04'N,61 º25' E);(vi)the Gulf of Aden area which means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the rhumb line between Ras si Ane (12º28.5' N, 43º19.6' E) and Husn Murad (12º40.4' N, 43º30.2' E) and to the east by the rhumb line between Ras Asir (11º50' N, 51º16.9' E) and the Ras Fartak (15º35'N, 52º13.8' E);(vii)the Antarctic area which means the sea area south of latitude 60ºS; and(viii)the North West European waters include 'the North Sea and its approaches, the Irish Sea and its approaches, the Celtic Sea, the' English Channel and its approaches and part of the North East Atlantic immediately to the west of Ireland and is bounded by lines joining the following points - '
