Union of India - Act
The Merchant Shipping (Examination of Engine Drivers of Sea-Going Ships) Rules, 1973
UNION OF INDIA
India
India
The Merchant Shipping (Examination of Engine Drivers of Sea-Going Ships) Rules, 1973
Rule THE-MERCHANT-SHIPPING-EXAMINATION-OF-ENGINE-DRIVERS-OF-SEA-GOING-SHIPS-RULES-1973 of 1973
- Published on 17 October 1973
- Commenced on 17 October 1973
- [This is the version of this document from 17 October 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1774.
G.S.R. 1175, dated 17th October, 1973. - In exercise of the powers conferred by clauses (a), (b), (c) and (d) of section 87, read with section 83 of the Merchant Shipping Act, 1958 (44 of 1958), and in supersession of the rules for the examination and grant of certificates of competency to engine drivers of sea-going steamships and motor ships, published with the notification of the Government of India in the late Ministry of Transport No. S.R.O. 869, dated the 24th April 1953 and of all previous rule and orders on the subject, the Central Government hereby makes the following rules, namely :1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires.-3. Certificate of competency.
- The certificate of competency (hereinafter referred to as the certificate) as engine driver of sea-going ships shall be as follows: -4. Combined Steam and Motor certificate.
- A holder of a Steam certificate or a Motor certificate shall, after serving, in the case of a Steam certificate in motor ships, and in the case of a Motor certificate, in steamships, the necessary period of qualifying sea service and after passing the endorsement examination, be furnished with a Combined Steam and Motor certificate.5. Qualifications for obtaining certificate.
- Every candidate desirous of obtaining a certificate must-(a)be not less than 21 years of age;(b)satisfy any of the requirements as regards workshop service specified in rules 6,7,8,11 or 12;(c)have performed the requisite sea service specified in rules 9,10,11 or 12; and(d)have passed the examination in accordance with rules 25 to 39.(e)[ have successfully completed an approved Basic-Fire-Fighting Course"] [Substituted by G.S.R. 70, dated 18th January, 1991]"Provided that a candidate, who has successfully completed a minimum three years Diploma Level Course in Marine engineering or Mechanical Engineering recognised by the Ministry of Human Resources Development or a State Government, shall be required to perform only one year of workshop service"]Provide that a candidate who has satisfactory completed a full time course of study leading to the grant of a diploma in mechanical, electrical or marine engineering, for a period of not less than three years in a recognised institution shall be required to perform only one year of workshop service.For the purposes of this sub-rule, any institution for the time being included in Appendix I to the Merchant Shipping (Examination of Engineers in the Merchant Navy) Rules, 1963, shall be deemed to be a recognised institution.6. Workshop service.
7. Compensatory sea service.
8. Exemption from workshop service.
- Candidates holding certificates of competency as engine driver (first or second class) and Inland Engineer's certificate issued under the Inland Steam-vessels Act, 1917 or the Harbour Craft Rules for the Port of Madras, 1935, or the Cochin Harbour Craft Rules, 1947 or the Visakhapatnam Port Rules, 1950, shall be exempted from the requirements of workshop service.9. Sea Service.
- Every candidate desirous of obtaining a certificate must have performed at least eighteen months of qualifying sea service :Provided that in respect of candidates exempted under rule 8, such qualifying service shall-10. Further sea service for endorsement.
- Every candidate desirous of obtaining an endorsement of a certificate shall complete a further period of not less than twelve months qualifying sea service.11. Approval of training scheme.
- The Chief Examiner may approve any organised training scheme and grant such exemption or remission in workshop or sea service as he may deem fit having regard to the nature of the training imparted.12. Remission in workshop and sea service for written Examination.
- [(1) Remission up to a period of twelve months in workshop service and six months in sea service shall be granted to all candidates who elect to appear for the written part of the examination in accordance with rule 36.] [Substituted by G.S.R. 70, dated 18th January, 1991]Such candidates who are enable to perform or complete workshop service as required under rule 6 and qualify by performing compensatory sea service (in lieu of workshop service) in accordance with rule 7 shall be granted remission of one-third of the required compensatory sea service.13. Nature of sea service.
- Sea service required under rules 9 and 10 must have been performed in foreign-going or home trade ships and not less than two-thirds of such service shall have been performed on watch in the engine room on the main propelling machinery of the type or which the certificate is required:Provided that in the case of a candidate for steam endorsement at least six month's sea service shall have been performed on watch on boilers which may be independent or simultaneous with watch on main propelling machinery.14. Nature of qualifying service.
- When part or whole of the qualifying service has been performed on ships which for considerable periods have not been at sea, a certificate from the owners of the ship shall be required showing the period of time actually spent at sea.If this amounts to not less than two-thirds of the service required to qualify for the examination, the service shall be accepted in full, but where the actual service at sea falls below this proportion, the deficiency must be made up by additional service at sea.15. Service on Auxiliary machinery.
16. Service in sea-going tugs, dredgers, fishing vessels or pilot vessels.
17. Service in sea-going Yachts.
18. Service performed in ships of the Indian Navy.
- In the case of candidates who have performed sea service in ships of the Indian Navy the Chief Examiner may assess such service, if found equivalent to that prescribed under these rules, having regard to the type of machinery, duration at sea, and the capacity in which served, at such rate as he may deem fit, but in no case shall such a candidate be allowed to appear for the examination with sea service less than that prescribed for seamen serving on foreign-going and home trade ships.19. Testimonials.
20. Verification of sea service.
- Sea service which cannot be verified by proper entries in the Articles of Agreement of the ship in which the candidate has served or by other documentary evidence, shall not be counted.In the case of sea service performed in vessels which do not normally have Articles or Agreement, the service should be duly authenticated by documentary evidence, and cases of doubt should be referred to the Chief Examiner for decision.21. verification of testimonials.
- Where the length of service can not be verified by the Shipping, Master, the testimonials of service shall be verified by an authority recognised by the Chief Examiner from time to time for the purpose of this rule.22. Calculation of service.
- The candidate's service as shown in the discharge certificate may be calculated in such a manner that thirty days of service shall constitute a month's service.23. Physical and Mental Defects.
- Where a candidate suffers from any physical or mental defect which is of such a nature as to interfere with the proper performance of his duties as an engine driver on watch, the signatories of his testimonials shall be required to state whether such defect did in fact interfere in any way with the efficient discharge of the candidate's duties. Candidates suspected to be mentally unsound will be required to produce a fitness certificate from the Head of a Government Mental Health Institution.24. Further service at sea in case of misconduct.
- Candidate who have neglected to join their ships after having signed the Articles of Agreement or who have been found guilty of gross misconduct shall be required to produce satisfactory proof of two years subsequent service and good conduct at sea, unless the Chief Examiner, after having investigated the matter, decides to reduce the period.25. Application for Examination.
- Candidates who have completed the necessary qualifying workshop and sea service and desire to take the examination shall fill up the Form of Application (prescribed in Appendix `C') and pay a fee of Rs. 25 at the Mercantile Marine Department, Bombay, Calcutta, Madras, Jamnagar, Goa, Cochin or Visakhapatnam. The form properly filled in together with the candidate's testimonials, discharge certificate, certificates of competency (if any), shall be submitted to the Examiner at least 10 days before the date of examination. Candidates may, however, submit the said application and the testimonials by post and remit the fees at the same time by money order :Provided that if an applicant is not found to be qualified to appear at the examination, the exact nature of such disqualification shall be intimated to him and the fees paid under this rule shall, after deducting the enquiry fee, referred to in rule 28, be refunded to the applicant.26. Age.
- Proof of age shall be covered by a birth certificate or other appropriate documentary evidence.27. Penalty for offering gratuity.
- If a candidate offers a gratuity to any officer of the Central Government he will not be allowed to take any examination for twelve months.28. Enquiry fee.
- A person enquiries as to his eligibility for appearing at any examination held under these rules shall pay an enquiry fee of Rupees ten. The enquiry fee shall in no case be appropriated towards the examination fee payable under rule 25.29. Issue of Certificate.
- When a candidate has successfully completed his examination he shall receive an Examiner's authority authorising the Principal Officer of the Mercantile Marine Department to whom it is addressed to issue the Certificate mentioned in the authority.30. Service found to be insufficient.
- If after a candidate has passed the examination, it is discovered that his services are insufficient to entitle him to receive a certificate, the certificate will not be granted until the candidate has performed the amount of service by which he was deficient and has re-appeared for the examination and declared passed, unless in any particular case the Chief Examiner deems fit to dispense with the second examination.31. Copy of lost Certificate.
- The Principal Officer, who issued the original certificate shall arrange for the issue of a duplicate on receiving an application for issue of the same and a declaration giving the circumstances in which the certificate was lost.Fees for issue of a duplicate certificate shall be Rs. 5 provided that if the applicant can prove that the certificate was lost through ship wreck or fire on board, fee of only Re 1 shall be payable.32. Re-examination.
- A candidate may present himself for re-examination at any time after two calendar months have elapsed since his previous attempt.33. Further experience obligatory in certain circumstances.
- If a candidate is found ignorant in subjects the lack of knowledge in which would endanger a ship or life of persons on board, he may be required to perform further service at sea for such period as the Examiner deems fit but not exceeding six months in any case, before he may be allowed to present himself for the re-examination.34. Place and day of Examination.
- Examination shall be held at Bombay, Calcutta, Madras, Jamnagar, Goa, Cochin and Visakjapatnam.Dates of examination shall be posted on the notice boards of the respective Mercantile Marine Departments, and candidates shall also be individually informed of the date of examination on acceptance of the application form.35. Language
- The examination shall be conducted as follows :-36. Nature of Examination.
- The candidates shall have the option of selecting one of the following two systems of examination namely :-37. Syllabus.
- Syllabus for the examination shall be as specified in Appendix `D'.38. Marks required for pass.
- Candidates will be expected to obtain a minimum of 50% of the total marks to secure a pass. Where a candidate appears both for viva voce and written parts of the examination, he shall have to secure a minimum of 50% marks in each part to secure a pass.39. Punishment for misconduct.
- Where a candidate has been guilty of any misconduct in relation to an examination including copying, insolence to any Examiner or disorderly or improper conduct in or about the room where the examination is held, the candidate may be debarred from appearing in future examination for such period as the Chief Examiner may deem fit but not exceeding 12 months, in any case.Appendix `A'(See rule 2(b))Examiners1. Chief Surveyor with the Government of India who shall also be the Chief Examiner.
2. Engineer and Ship Surveyors promoted as Principal Officers.
3. Deputy Chief Surveyors with the Government of India.
4. Engineer and Ship Surveyors in the Mercantile Marine Departments and those attached to the Directorate General of Shipping.
Appendix'B'(See rule 19)Specimen form of Testimonials for Workshop ServiceName and address of Engineering Works__________________I certify that the following is a full and true statement of the Workshop Service performed by Shri ---------------under my supervision at the above works.| Periodof Service Dates | Totalperiod | 1.Designation2.Nature of Duties.Forappropriate description see below | Particularsof weekly release periods to permit apprentice to pursuetechnical studies. | |
| From | To | |||
| 1 | 2 | 3 | 4 | 5 |
| Reportas to ability.............................Reportas to conduct....................................Remarks(if any)Signatureof employer or his representative |
| Periodof Service | Rank | Typeof main engines and boilers, single or twins crew, N.H.P. OrB.H.P. | Natureof duties (for appropriate description see below) | |
| From | To | |||
| 1 | 2 | 3 | 4 | 5 |
| Numberof days actually spent atsea..............................................Reportas toability...................................................................Reportas tosobriety................................................................Signatureof Chief Engineer.Remarks(ifany)..............................................................EngineerSuperintendent..............................................................SignatureofORMasteror other representative ofowners....................................................... | ||||
| *Steamor Motor ShipsNameof ship and Official number. |
1. Christian name at full length
2. Surname
3. Nationality
4. Permanent address stating Town, Street and No. of House and Name of person (if any) with whom residing.
5. Date of birth
6. Where born :
| Number | Competencyor Service | Grade | Whereissue | Dateof issue | Ifat any time suspended or cancelled state by Court or Authority | Date | Cause |
| 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| C.Certificate now required15.Grade.16.Competency17.Mercantile Marine Office to which it is to be sent. |
18. Date
19. Port
20. Subject in which failed.
E. Declaration to be made by Applicant.Take Notice. - Any person who makes, procures to be made, or assists in making any false representation for the purpose of obtaining for himself, or any other person, a Certificate either of Competency or Service, is for each offence liable to be punished for cheating under Section 420 of the Indian Penal Code and also for knowingly giving false information to the public servant under section 182 of the Indian Penal Code.I do hereby declare that the particulars contained in divisions A.B.C.D.& G. of this form are correct and true to the best of my knowledge and belief; and that the papers enumerated in division G and sent with this form are true and genuine documents, given and signed by the persons whose names appear on them. I further declare that the statement G contains a true and correct account of the whole of my services without exception.And I make this declaration conscientiously believing the same to be true. Signed in the presence of the principal Officer.Distt.Signature of the applicantDate:Present AddressF. Certificate of Principal OfficerThe declaration E above was signed in my presence and the fee of Rs. received by me.Date :Principal OfficerDistrictG. List of testimonials and statement of service on shore and at sea.(List of testimonials to be numbered consecutively according to the number given in column 21 below)| No.of testimonails (if any) | Whereemployed or ship's name | IfService on board | Ship | Serviceof Applicant | Remarks | Initialof verifier | |||||
| HorsePower of Engine | Portof Registry and Official No of ship | Capacity | Dateof Commen-cement | Dateof termination | Timeemployed in this service | ||||||
| Years | Months | Days | |||||||||
| 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 |
| Totalservice.Totalservice on shore.Timeserved for which certificate are now produced.Timeserved for which no certificate are produced. |