Union of India - Act
The Kandla Harbour Craft Rules, 1955
UNION OF INDIA
India
India
The Kandla Harbour Craft Rules, 1955
Rule THE-KANDLA-HARBOUR-CRAFT-RULES-1955 of 1955
- Published on 1 October 1955
- Commenced on 1 October 1955
- [This is the version of this document from 1 October 1955.]
- [Note: The original publication document is not available and this content could not be verified.]
2012.
S.R.O. 2143, dated 1st October, 1955. - In exercise of the powers conferred by Cl. (r) of sub-rules (2) of Sec. 6 of the Indian Port Act, 1908 (15 of 1908), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (2) of the said section, namely :1. Short title and application.
- (i) These rules maybe called the Kandla Harbour Craft Rules, 1955.2. Savings.
- Nothing in these rules shall apply to any craft coming from any system of inland navigation into the Port of Kandla.3. Definitions.
- In these rules, unless the context otherwise requires4. 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, or operate within the port for whatever purpose unless the harbour craft has been duly licensed under these rules. A harbour craft licensed to ply between a vessel and the shore may also ply from place to place within the port without a separate licence :Provided that nothing in this rule shall apply to,5. Licensing of harbour craft.
- (i) Every application for the licensing of a harbour craft under rule 4 shall be made to the licensing officer in writing and shall furnish the following particulars namely :5.
-A. Duration of Licences.6. Minor or female owners.
- If the owner of a harbour craft is a minor, the licence may be obtained by the guardian of the minor. If the owner is a woman, who according to the custom of the country does not appear in public, the licence may be obtained on her behalf by her duly authorised agent. In such cases the guardian or the agent shall be deemed to be owner for the purposes of these rules.7. Licence to be produced on demand.
- The owner of every registered harbour craft shall keep the licence in the possession of the tindal who shall produce it whenever called upon to do so by the registering officer or by any person duly authorised by him in that behalf.A printed copy of these rules and any written directions issued by the registering officer for carrying the same into effect shall also be furnished by the owner to the tindal who shall, on demand, show it to any consignor or passenger by such harbour craft. The owner shall be responsible for securing that the tindal understands the said rules and direction, shall obtain a declaration from him to that effect and shall produce such declaration, whenever required by the registering officer.8. Distinctive numbering of licensed harbour craft.
9. Change of ownership of control of licensed harbour craft.
- Where the holder of a licence in Form 'A' 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 transfer unless an endorsement on the licence is made by the licensing officer that, notwithstanding the transfer, the licence shall continue to be valid.10. Changes in crew or carrying capacity of licensed harbour craft to be reported.
11. Registration of tindals.
12. Annual and special inspection of licensed harbour craft and crew.
-On or before the expiry of the licence the owner of every licensed harbour craft shall produce it together with its licence for inspection by the licensing officer at such place as he may appoint for the purpose. In addition to such inspection, special or partial inspections may be held by the licensing officer or by any person duly authorised by him, at such times as the licensing officer may consider necessary. At all inspections under this rule, each harbour craft shall have its full complement of crew and equipment.13. Repairs of licensed harbour ordered for inspection.
| Rs. | |
| (i)For every vessel the gross tonnage of which does not exceed 25tons. | 60.00 |
| (ii)For every vessel the gross tonnage of which exceeds 25 tons butdoes not exceed 50 tons. | 75.00 |
| (iii)For every vessel the gross tonnage of which exceeds 50 tons butdoes not exceed 75 tons. | 90.00 |
| (iv)For every vessel the gross tonnage of which exceeds 75 tons butdoes not exceed 100 tons | 105.00 |
| (v)For every vessel the gross tonnage of which exceeds 100 tons butdoes not exceed 300 tons | 120.00 |
| (vi)For every vessel the gross tonnage of which exceeds 300 tons butdoes not exceed 600 tons | 135.00 |
| (vii)For every vessel the gross tonnage of which exceeds 600 tons butdoes not exceed 900 tons | 150.00 |
| (viii)For every vessel the gross tonnage of which exceeds 900 tons butdoes not exceed 1,200 tons | 180.00 |
| (ix)For every vessel the gross tonnage of which exceeds 1,200 tons | 180.00plusRs. 30 for every 300 tons or part thereofinexcess of 1,200 tons. |
14. Control of working of licensed harbour craft.
15. Harbour craft to render all possible services if required by Port for general safety.
- If at any time, the licensing officer or the Harbour master or an officer of the port detained by any of the above said two officers, in the event of an emergency, require the services of any harbour craft for the general safety of the port or shipping in the harbour, the master or the tindal shall immediately proceed with his craft to such place as he may be directed by word of mouth or in writing and take whatever action may be possible under the circumstances subject to the safety of his own craft.16. Obstructing Port Traffic.
17. Observance of the rule of the road at sea.
- All licensed harbour craft, when under way, shall observe the rule of the road at sea.18. Refusal to ply without lawful excuse.
If the owner or the tindal incharge of a licensed harbour craft plying regularly for hire refuses to allow such harbour craft to ply for hire when required to do so, without reasonable excuse, of which the licensing officer shall, subject to the appeal provided in rule 29 be the sole judge, the licence of such harbour craft shall be liable to be cancelled.19. Permissible load of licensed harbour craft in fine and foul weather.
20. 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 into the license 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.21. 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 muster flag-a square blue flag, with four horizontal red strips-which will be displayed on the Port Flagstaff when the licensing officer desires to carry out an inspection under Rule 12.22. Licensed harbour craft not to interfere with moorings 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 go alongside of a vessel approaching an achorage before such vessel has anchored or has moored to a buoy.23. Fishing boats not to be allowed near a cargo boat or alongside a vessel.
24. 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 Licensing Officer may appoint and no person shall ship or land passengers or goods outside such place unless the sanction of the Port and Customs Officers at the Port have been previously obtained.25. Rates of harbour craft hire.
-No owner, tindal or any member of the crew of a licensed harbour craft licensed to carry passengers or goods for hire, and no person deputed by the owner of such harbour craft, shall demand a rate of hire 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.26. Prohibition of employment of tindals and crew contravening the rules.
- If, in the opinion of the Licensing Officer, any tindal or any member of the crew of a licensed harbour craft has contravened any of these rules, the owner of the harbour craft shall on being required so to do by the Licensing Officer, dismiss or suspend for such period as the Licensing Officer may specify in that behalf, such tindal or member of the crew from his employment.Any action taken by the Licensing Officer under this rule shall be without prejudice to any other action which he may take in respect of the contravention of the rule.27.
28. Revocation of licences.
- If, in the opinion of the Licensing Officer the owner of any licensed harbour craft has contravened any of these rules, the Licensing Officer 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 in Form 'A' held by the owner.29. Appeal from Licensing Officer's order.
- An appeal shall lie from any order of the Licensing Officer passed under these rules, to the Conservator of the Port. Such appeal shall be preferred in writing within seven days after the order of the Licensing Officer has been communicated in writing to the party or parties concerned, and the decision of the Conservator thereon shall be final.30. Fees.
- The following fees shall be payable by the owner of a harbour craft applying for a licence under these rules, namely :| (i)for the survey and measurements of each harbour craft 0.25 paisefor registered or gross ton/or part thereof. | |
| Rs. | |
| (ii)for issue or renewal of a licence | 2.00 |
| (iii)for endorsing change of tindal | 2.00 |
| (iv)for registration of tindal | 2.00 |
| (v)for registration of boat | 2.00 |
31. Special provision applicable to steam boats and motor boats licensed under these rules.
32.
| Dateof Registry | Namenumber and description of harbour craft | Rigand equipment | Whenbuilt and where | Whenrepaired last and in what condition | Cargowithout passengers | Namesof name | Occupation | Placeor Places of residence | Name | Placeof residence | Periodfor which the licence is to be in force | Remarks | ||||||
| Number of animalsand presumed weight | Weight of cargoother than animals | Number ofpassengers without cargo | Number of crew | |||||||||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | |||
| Fair weather | Foul weather | Fair weather | Foul weather | Fair weather | Foul weather | TindalLascars | ||||||||||||
| Infair weatherIn foul weather | Infair weatherIn foul weather | Infair weatherIn foul weather | TindalLascars | |||||||||||||||
| Note.- Twochildren under 12 years of age will be deemed as one adult. | ||||||||||||||||||
| Dated...................................19Extendedto ........................19Extendedto ........................19Extendedto ........................19LICENSINGOFFICER |
| Dateof registry | Numberof harbour craft | Names | Age | Placesof residence | Thumbimpressions | Remarks | ||
| Years. | Months | Days | ||||||