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State of Bihar - Section

Section 105 in Bihar Inland Vessels Rules, 2013

105. Instructions to the Master / Owner.

(1)Every vessel shall be in charge of a Master who shall be qualified and hold a certificate to that effect under the Rule. The Master shall be severally and conjointly with the Owner shall be responsible for any or all breaches of the rules. Responsibilities of the Master/Owner inter alia include;
(a)Take all precautions required to exercise vigilance and to avoid damage to the vessel, installations in the waterways and avoid causing obstructions to shipping and navigation;
(b)To avoid imminent danger, take all steps required by the situation (according to the general practice of seamanship) even if this entails departing from these regulations;
(c)Be responsible for compliance with the rules or regulations applicable to his vessel and his crew and to the vessels in tow, while his vessel is engaged in towing of other vessels;
(d)The master/owner shall be responsible for ensuring that the vessel has a valid certificate of survey applicable for the voyage or service in this zone of operation.
(e)The master/owner shall ensure that the vessel has a valid certificate of registration and that the certificate of registration granted in respect of any vessel shall be used only for the lawful navigation of that vessel;
(f)The master/owner shall ensure that the crew is sufficient for the type of vessel and type and area of operation as required by the rules.
(g)The master/owner shall ensure that the crew has valid certificate of competency/service,
(h)the master/owner shall ensure that dangerous goods or explosive materials are carried on board only as authorized by Competent Authority and procedures and safety precautions as per the Explosives Rules, 1983 are taken for carrying of such goods or material onboard;
(i)The master shall maintain Ship's Article/crew list, Ships log and Engine Log.
(j)The master shall ensure that at no time the vessel is overloaded or more than the number of passengers it is certified to carry are taken onboard.
(k)The owner shall ensure no unauthorized alterations are made to the vessel.
(l)The master/owner shall ensure that the vessel is adequately equipped to fight any fire and to rescue the passengers and that the crew adequately trained to meet emergent situations.
(m)The owner/master shall ensure that Life saving devices like life buoys, life jackets, life raft etc as required as per the Rules are provided in each vessel and they are kept in such a position for quick deployment in case of emergency.
(n)The owner shall ensure insurance of the vessel against third of the vessel against third party risks.
(o)The owner/master shall display the details showing the date of manufacture of the vessel, date of survey, expiry date of survey, passengers and cargo capacity and such other details as required by law.
(p)To ensure timely and quality maintenance work.
(q)To ensure that at no time the vessel discharges in the waterway except at places designated by the Competent Officer, raw sewage, oily substances, garbage etc.
(2)The master or the person in charge of the vessel shall make immediate report to the nearest competent officer / Police on-
(a)any vessel has been wrecked, abandoned or materially damaged;
(b)accidents/ causality involving, death, grievous hurt;
(c)sighting of any other vessel in distress;
(d)outbreak of fire or flooding in his vessel;
(e)damage caused to any waterway installations or permanent structures;
(f)any vessel has caused loss or material damage to any other vessel
OR
(g)Observing uncharted obstruction or failure of navigational aid;
(h)falling over board of any object which may become an obstruction or danger to navigation;
(i)spillage of oil into the waterway;
(j)piracy or theft on board.
(4)The master shall;
(a)On sighting a vessel or raft which has suffered an accident endangering persons or the vessel or threatening to obstruct the channel, give immediate assistance to such vessels without endangering safety of his own vessel;
(b)In case of any marine casualty, give warning to the approaching vessels to enable them to take necessary action in good time steer clear of the channel when in danger of sinking or goes out of control.
(5)All the crew employed on board a vessel shall be under the control and orders of the master of such vessel, who shall see that proper discipline and good conduct is maintained by them. The crew shall on no account interfere with passengers or behave rudely towards them.
(6)When the master of a vessel is temporarily absent during a voyage, the Serang on board the vessel shall be held to be in charge with powers and responsibilities of the Master. If such absence of he Master exceeds a day a duly qualified Master shall be appointed immediately and the fact communicated forthwith to the competent authority.
(7)Master or persons in charge of a vessel shall give the competent officer or any person authorized by him all necessary facilities for verifying compliance with these regulations.Chapter - 14.0 Miscellaneous