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Union of India - Section

Section 43 in The Petroleum Rules, 2002

43. Master of vessels specially responsible

.-The master or other officer-in-charge of any vessel which had carried petroleum on board whether as a cargo or as a fuel, or any vessel licensed under rule 33 shall be responsible to see that-
(a)all due precautions are taken for the prevention of accidents due to ignition of petroleum or petroleum vapour;
(b)so long as there is petroleum or petroleum vapour in a tank, all openings from the tank to the atmosphere except the gas escape line are kept closed and locked or otherwise securely fastened; and when it is necessary to take dips or samples, the sludge plugs or sighting ports are closed immediately after such dips or samples are taken:
Provided that subject to the provisions of clause (c), the master or officer-in-charge may cause the necessary openings to be opened or unlocked for the purpose of taking on board or unloading petroleum Class B or petroleum Class C for cleaning the tanks or for other sufficient reason;
(c)no person enters a tank or an enclosed space which had, or is suspected to have contained petroleum without wearing a breathing apparatus of a type approved by the Chief Controller unless an officer appointed by the Central Government in this behalf has examined the tank or space with the aid of an approved petroleum vapour-testing instrument and has been certified by him in writing that the said tank or space is free from petroleum vapour;
(d)the vessel does not undergo repair by hot work to any of its tanks, part of fittings which are likely to contain petroleum vapour or petroleum unless each such tank, part of fittings, as the case may be, has been examined by an officer appointed under clause (c) with the aid of an approved petroleum vapour-test instrument and has been certified by him in writing that the tank, part or fittings is free from petroleum vapour or petroleum;
(e)the vessel used for the carriage of petroleum in bulk as a cargo is not taken among other ships or to a dry dock unless-
(i)the vessel is proceeding to an oil berth, or
(ii)a certificate from an officer appointed under clause (c); to the effect that he has examined all the tanks, cofferdams, pump rooms and such other parts as are deemed necessary with the aid of an approved petroleum vapour-testing instrument, and that such tanks, cofferdams, pump rooms and other parts are free from petroleum vapour; and declaration from the Master that to the best of his knowledge there is no petroleum vapour present in other parts of the vessel not covered by the above certificate are produced;
(f)the officer granting certificate under clause (c) or clause (d) or clause (e) may specify such conditions and make such recommendations as are necessary to maintain gas-free conditions of tanks, space or parts certified;
(g)the certificate referred to in clauses (c), (d) and (e) shall be granted only on receipt of fee fixed by the Central Government from time to time;
(h)the vessel or any steamer or tug towing or otherwise attending on such vessel exhibits conspicuously-
(i)from sunrise to sunset a red flag not less than 90 centimetres square with a white circular centre 15 centimetres in diameter if petroleum Class A is carried and a red flag not less than 90 centimetres square if petroleum Class B is carried; and
(ii)from sunset to sunrise such warning lights as may be required by the Conservator.
Note .-The port authority concerned shall be the authority for the issue of final permission for the purpose of clauses (c), (d) and (e) even though Gas Free Certificates have been obtained from the officer concerned under clause (c) of this rule.[43-A. Agency undertaking ship breaking specially responsible [ Inserted by G.S.R. 61(E), dated 2.2.2007 (w.e.f. 2.2.2007).].-The Agency, which owns vessels meant for breaking or beaching, before undertaking breaking of such vessels, called ship breaking, shall be responsible to see that--
(a)all due precautions are taken for the prevention of accidents due to ignition of petroleum or petroleum vapour;
(b)so long as there is petroleum vapour in a tank, all openings from the tank to the atmosphere except the gas escape line are kept closed and locked or otherwise securely fastened; and subject the provisions of clause (c), the agency undertaking the ship breaking activities may cause the necessary openings to be opened or unlocked for cleaning the tanks or for making the tank free from petroleum vapour or for other sufficient reason;
(c)no person enters a tank or an enclosed space which had, or is suspected to have contained petroleum without wearing a breathing apparatus of a type approved by the Chief Controller unless an officer appointed by the Central Government in this behalf has examined the tank or space with the aid of an approved petroleum vapour-testing instrument and has been certified by him in writing that the said tank or space is free from petroleum vapour;
(d)the vessel does not undergo breaking by hot work to any of its tanks, part of fittings which are likely to contain petroleum vapour or petroleum unless each such tank, part of fittings, as the case may be, has been examined by an officer appointed under clause (c) with the aid of an approved petroleum vapour-test instrument and has been certified by him in writing that the tank, part of fittings are free from petroleum vapour or petroleum;
(e)the vessel is not taken to ship breaking yard unless a certificate from an officer appointed under clause (c); to the effect that he has examined all the tanks, cofferdams, pump rooms and such other parts as are deemed necessary with the aid of an approved petroleum vapour-testing instrument, and that such tanks, cofferdams, pump room and other parts are free from petroleum vapour; and declaration from the agency undertaking the ship breaking activities that to the best of its knowledge there is no petroleum vapour, present in other parts of the vessel not covered by the above certificate are produced;
(f)the officer granting certificate under clause (c) or clause (d) or clause (e) may specify such conditions and make such recommendations as are necessary to maintain gas free conditions of tanks, space or parts certified;
(g)the certificate referred to in clauses (c), (d) and (e) shall be granted only on receipt of fee fixed by Central Government from time to time.
Note .-The port authority concerned shall be the authority for the issue of final permission for the purpose of clauses (c), (d) and (e) even though Gas Free Certificates have been obtained from the officer concerned under clause (c) of this rule.]