Union of India - Act
The Major Port of Tuticorin (Harbour Craft) Rules, 1976
UNION OF INDIA
India
India
The Major Port of Tuticorin (Harbour Craft) Rules, 1976
Rule THE-MAJOR-PORT-OF-TUTICORIN-HARBOUR-CRAFT-RULES-1976 of 1976
- Published on 24 January 1977
- Commenced on 24 January 1977
- [This is the version of this document from 24 January 1977.]
- [Note: The original publication document is not available and this content could not be verified.]
2023.
G.S.R. 196, dated 24th January, 1977 - Whereas draft of the Major Port of Tuticorin (Harbor Craft) Rules 1976, was published as required by sub-section (2) of section 6 of the Indian Ports Act, 1908 (15 of 1908) at pages 1748 to 1753 of the Gazette of India, Part II, Section3, Sub-section (i), dated the 26th June, 1976, under the notification of the Government of India in the Ministry of Shipping and Transport (Transport Wing) No. GSR 917, dated the 15th May, 1976, inviting objections and suggestions from all persons likely to be affected there by 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 6th July, 1976;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 the section 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 otherwiserequires :-3. Harbor craft, not to apply without a license
4. Licensing of harbor craft
5. Minor or female owners
- If the owner of a harbor craft is a minor, the license may be obtained by the guardian of the minor. If the owner is a woman, who according to the customs of the country does not appear in public, the license may be obtained on her behalf by her duly authorized agent. In such cases the guardian or the agent as the case may be shall be deemed to be the owner for the purposes of these rules.6. License, rules, etc. to be produced when demanded
- (i) The license of every harbor craft shall be kept in the possession of the Tindal who shall produce the license whenever called upon to do so by the Deputy Conservator or by any person duly authorized by the Deputy Conservator in that behalf.7. Distinctive numbering of licensed harbor craft
- (i) The owner of licensed harbor craft shall paint or cause to be painted upon a black back-ground in white or upon a light back-ground in black figures not less than six inches in length, on conspicuous part of the bow of such harbor craft on one side and on the quarter of the other, the number of the harbor craft as mentioned in the license.8. Change of ownership or control of licensed harbor craft
- When the holder of a license in Form A transfer the ownership of the harbor craft to another person, the license shall cease to be valid on the expiry of six days from the date of such transfer. Where such holder mortgages the harbor craft to, or places it under the control of another person, the license shall cease to be valid on the expiry of six days from the date of such mortgage or placing unless an endorsement on the license is made by the Deputy Conservator to the effect that notwithstanding such transfer or placing, the license shall continue to be valid.9. Changes in crew or carrying capacity of licensed harbor craft to be reported
- Whenever the Syrang or Tindal of any registered harbor craft is changed or any alternation in such craft is made so as to affect any of the particulars contained in the license granted for lit, such change or alternation shall be forthwith reported by its owner to the Registering Officer or Licensing Officer. In case of change of Syrang, Tindal or of any alteration in the carrying capacity, the harbor craft shall not ply until such report is made and in case of change of Syrang or Tindal until the new Syrang or Tindal has also been produced before the Registering or Licensing Officer. On such report or on such report on production, as the case may be, the Registering Officer or Licensing Officer shall amend the original license held by the owner and in case of change of Syrang or Tindal, also the register kept under rule 10.Whenever there is change of Tindal or any other crew, the owners, of the craft concerned should obtain a 'No Objection' certificate from the Customs before their names are registered for employment in these boats.In case of alteration in the harbor craft affecting its carrying capacity, the original license held by the owner shall be canceled and a fresh license issued by the Registering officer or Licensing Officer after the harbor craft been premeasured, and the harbor craft shall not ply until such fresh license has been issued.Provided that if any harbor craft was away from the port at the time when such change or alternation takes place, the change or alteration shall be reported to the Registering Officer or Licensing Officer immediately on its return to the port.10. Registration of Tindals
11. Annual and special inspection of licensed harbor craft and crew
- Every owner shall, 30 days before the date of expiry of license, submit an application for the inspection of the Harbor Craft and renewal of license. Every owner of every registered harbor craft shall be required to produce it together with its license for inspection by the Registering Officer or Licensing Officer at such place, and on such date as he may appoint for the purpose. In addition to such inspection, special or partial inspection may be held by the Registering Officer or Licensing Officer or by any person duly authorised by him, at such times as the Registering Officer or Licensing Officer may consider necessary.At all inspections under this rule, the harbor craft shall have its full complement of crew and equipment and no person who is not a certificated person as required by these rules, or who in the opinion of the Registering Officer is unaccustomed to the use of the harbor craft or inefficient shall be employed or registered as a Tindal or Syrang.The owners of all craft lincensed under these rules shall obtain a 'No objection' certificate from the Customs for renewal of license.12. Repairs of licensed harbor craft ordered for inspection
- (i) The owner of every licensed harbor craft shall execute such repairs thereto as the officer referred to in rule 11 may direct in order to render it efficient, and no owner or any of his persons shall use any such harbor craft or cause or permit it to be used until such repairs have been duly executed and the Deputy Conservator has granted permission for its use. For the purpose of such repairs, the owner shall cause the harbor craft to be hauled up only to such place or places on the foreshore as the Deputy Conservator may from time to time direct.| i.For every vessel the gross tonnage of which does not exceed 25tonnes. | Rs.60 |
| ii.For every vessel the gross tonnage of which exceeds 25 tonnes anddoes not exceed 50 tonnes. | Rs.75 |
| iii.For every vessel the gross tonnage of which exceeds 50 but doesnot exceed 75 tonnes | Rs.90 |
| iv.For every vessel the gross tonnage of which exceeds 75 but doesnot exceed 100 tonnes | Rs.105 |
| v.For every vessel the gross tonnage of which exceeds 100 but doesnot exceed 300 tonnes | Rs.120 |
| vi.For every vessel the gross tonnage of which exceeds 300 but doesnot exceed 600 tonnes | Rs.135 |
| vii.For every vessel the gross tonnage of which exceeds 600 but doesnot exceed 900 tonnes | Rs.150 |
| viii.For every vessel the gross tonnage of which exceeds 900 but doesnot exceed 1200 tonnes | Rs.180 |
| ix.For every vessel the gross tonnage of which exceeds 1200 tonnes | Rs.180 |
13. Control of working of licensed harbor craft
14. Obstructing port traffic
- (i) No tindal or any member of the crew serving in any licensed harbor craft shall obstruct or hinder the loading, discharging or service of such harbor craft, or of any other licensed craft, or obstruct or hinder any vessel working in the Port.15. Compliance with the provisions regarding prevention of collision at sea observance of the merchant shipping (Prevention of Collision at Sea) Regulations, 1965
- All licensed harbor craft, when under way, shall comply with the provisions of the merchant shipping (Prevention of Collision at Sea) Regulations, 1965.16. Refusal to ply without lawful excuse
17. Working of the license harbor craft at night and in bad weather
18. Permission loading of licensed harbor 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 harbor craft exceed the number of quantity entered in the license, the tindal shall, before starting from the vessel or from the shore, require any passenger to leave the harbor craft or any consignor, consignee or shipping or landing agent concerned to remove from the harbor craft the whole or any part of the cargo.Provided that in the event of a licensed harbor craft being found over loaded by the tindal, only those passengers who entered the craft or the quantity of cargo that was loaded after the prescribed limit as specified in the license, shall be asked to leave or that of quantity of cargo to be removed, as the case may be, to comply with the conditions of the assignment of the issue of license.20. Attention to certain signals required of tindals
- The owner of every licensed harbor craft shall instruct the tindal of such; harbor craft to pay immediate attention to the harbor craft, master flag, square blue flag with four parallel red bars running cross wise which shall be displayed on the port flag staff when the Deputy conservator desired to carry out an inspection under Rule 11.21. Licensed harbor craft not to interfere with mooring or approaching vessels before they anchor
- No person incharge of or navigating any licensed harbor craft shall attempt to make such harbor 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 harbor boat or alongside a 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 Harbor Craft Hire
- No owner, tindal or any member of the crew of licensed habrour craft license to carry passengers for hire and no person deputed by the owner of such harbor craft, shall demand from any passengers hire charges exceeding that sanctioned by the Central Government and no owner, tindal or member of the crew of such harbor craft shall demand or accept any gratuity or present from any passengers during the course of its trip between any vessel and the shore or from place to place whether within or without the port.25. Liability of the owner for the acts of the tindal or any member of the crew employed by him on his craft
- The owner of the craft shall be responsible for any acts of tindal or any other member of the crew employed by him on his craft, while plying the craft under the provisions of these rules.26. Revocation of licenses
- If in the opinion of the Deputy Conservator the owner of any licensed harbor craft or tindal or any member of the crew 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, and after giving him a reasonable opportunity of being heard cancel all or any of the license held by the owner.27. Appeal from Deputy Conservator's decision
- An appeal shall lie from any decision of the Deputy Conservator under these rules, to the Conservator of the Port. Such appeal shall be preferred in writing within seven days from the date on which the decision of the Deputy Conservator has been communicated in writing to the party or parties concerned.28. Fees
- The following fees be leviable for survey, licensing, inspection of the harbor crafts.| Servicerendered | Boatsother than Canoes and shoe dhonies | Canoesand shoe dhonies | Catamarans | Powerdriven craft |
| 1.Issue of license | 2 | 1 | 1 | 25 |
| 2.Amendment of the license or transfer of license in favour ofanother person. | 1 | 1 | 1 | 1 |
| 3.Grant of duplicate license when the original is lost mislaid orrendered illegible | 2 | 1 | 1 | 1 |
| 4.Registration of tindals | 1 | 1 | 1 | 1 |
| 5.Amendment to registration of tindal | 1 | 1 | 1 | 1 |
| 6.For each survey and measurement | 5 | 2 | 2 | 50 |
| 7.Annual inspection | 3 | 1 | 1 | 50 |
| 8.Special inspection | 3 | 1 | 1 | 50 |
29. Special provisions applicable to Steam Boats and Motor Boats licensed under these rules
2. Every motor boat licensed under these rules shall, while plying for hire or otherwise have on board the following certificated officer namely :
(i)if she has engines of not less than 565 B.H.P.(a)as her Engineer, a person possessing a Motor Engineer's Certificate granted under the Inland Steam Vessels Act, 1917(1 of 1917) or a certificate as a First Class or Second Class Engineer of Sea-going motor ship granted under the Merchant Shipping Act, 1958 (44 of 1958) or under such regulations as the Central Government may from time to time specify in that behalf.(b)as her Master, a person possessing a First Class Master's Certificate under the Inland Steam vessels Act, 1917 ( 1 of 1917) or a certificate of Mate's Certificate or Competency granted under the Merchant Shipping Act, 1958 ( 44 of 1958) or under such regulations as the Central Government may from time to time specify.(ii)if she has engine of less than 565 BHP but not less than 226 B.H.P.(a)as her Engineer, a person possessing a First Class Motor Engine Driver's Certificate granted under the Inland Steam Vessels Act, 1917 ( 1 of 1917) or a Certificate of an Engine Driver of a sea-going motor ship granted under the Merchant Shipping Act, 1958 (44 of 1958) or under such regulations as the Central Government may from time to time specify or any such certificate as is referred to in sub-clause (a) of clause (i); and(b)in case the engines are used for propulsion, as her Master, a person possessing a Second Class Master's Certificate granted under the Inland Steam Vessels Act, 1917 ( 1 of 1917) or any such certificate as referred to in sub-clause (b) of clause (i); and(iii)if she has engines of less than 226 B.H.P :-(a)as her Engineer, a person possessing a Second Class Motor Engine Driver's Certificate granted under the Inland Steam Vessels Act, 1917 ( 1 of 1917) or a certificate of an Engine Driver of a Sea-going motor ship granted under the Merchant Shipping Act, 1958 (44 of 1958) or under such regulations as the Central Government may from time to time specify or any such certificate as is referred to in sub-clause (a) of clause (i) and(b)in case the engines are used for propulsion, as her Master, a person possessing a Second Class Master's certificate granted under the Inland Steam Vessels Act, 1917 ( 1 of 1917) or any such certificate as referred to in sub-clause (b) of clause (i) and.(iv)if she has engines of less than 226 B.H.P.(a)as her Engineer, a person possessing a Second Class Motor Engine Driver's Certificate granted under the Inland Steam Vessels Act, 1917( 1 of 1917) or any such certificate as is referred to in sub-clause (a) of clause (ii); and(b)in case the engine are used for propulsion, as her Master, a person possessing a Serang's Certificate granted under the Inland Steam Vessels Act, 1917 ( 1 of 1917) or any such certificate as is referred to in sub-clause (i) and clause (ii); andProvided that a motor boat having engines of not more than 40 B.H.P may have as her Engineer, a person holding permit granted by the Central Government or by any person duly authorised by the Central Government in this behalf ;Provided further, that motor boat having engines of not more than 20 B.H.P the length of which measures from the fore part of the stem to the after part of the stem post does not exceed 30 feet may have as her Master and Engineer a person possessing both the certificates referred to in sub-clause (a) and sub-clause (b);Provided also that a motor boat having engines of not more than 20 B.H.P the length of which measured as aforesaid does not exceed 30 feet, which is used exclusively for personal recreation by the owner or his family or friends need not carry a certificated Master or Engineer but may be navigated by the owner or any other person possessing a permit granted by the Central Government or by any person duly authorised by the Central Government in this behalf.| FirstClass Mater's Certificate | Rs.16.00 |
| SecondClass Master' Certificate | Rs.6.00 |
| Serang'sCertificate | Rs.4.00 |
| SecondClass Engine Driver's or Second Class Motor Engine Driver'sCertificate | Rs.4.00 |
| FirstClass Engine Driver's / First Class Motor Engine Driver'sCertificate | Rs.10.00 |
| Engineer'sor Motor Engineer's Certificate | Rs.12.00 |
4. The Central Government may in special circumstances:
30. Provision of Sand Box and Fire Extinguishers and silences on Noisy Engine
31. Sinking of Licensed Harbor craft
- The owner of any licensed harbor 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.32. Procedure for imposing penalties
- Every person on whom a charge of breach of any of the provisions under these rules are made shall be given a reasonable opportunity of being heard before any penalty is decided for such offence, and that no order imposing a penalty under these rules shall be made except after giving the person on whom such penalty is proposed to be imposed a reasonable opportunity of being heard.Form "A"(See Rule 4 (2))License No:License granted to .................................... Owner of the boat measuring ........................feet long............feet broad.................feet deep....................registered tonnes , to carry cargo(other than animals) and /or passengers/animals to the extend specified below, to and from ships at or off the Port of Tuticorin under the restrictions and subject to the penalties laid down in the port of Tuticorin (Harbour Craft) Rules, 1976.| Dateof Registry | Name,number and description of Harbour craft | Rigand equipment | Whenbuilt and where | Whenrepaired, last and in what condition | Cargowithout Passengers | Numberof passengers without cargo | |||
| Numberof animals and presumed weight | Weightof cargo other than animals | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ||
| Infine weather in rough weather | Infine weather in rough weather | Infine wheather in rough weather | |||||||
| Numberof crew | Particularsrespecting the owner of the boat | Particularsrespecting tindal of the boat | Periodfor which the licence is to be in force | Remarks | |||||
| Name | Occupationplace or places of residence | Name | Placeof residence | ||||||
| 9 | 10 | 11 | 12 | 13 | 14 | 15 | |||
| Infine weather : Tindal Lascars.Inrough weather : Tindal | RegisteringOfficer / Licensing Officer Extended to ....... | ||||||||
| Date:Note– Two children under 12 years of age-1adult. | |||||||||
| DittoDittoDittoDittoDittoDittoDittoDittoDittoDittoEndorsementfor change of Tindal |
| S.No | Dateof registry | Numberof harbor craft | Name | Age | Placeof Residence | Signature/thumbimpression(in case illiterate) | Remarks | ||
| Years | Months | Days | |||||||