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Union of India - Section

Section 436 in The Merchant Shipping (Shipping Office Forms) Rules, 1963

436.

(1)Any person who contravenes any provision of this Act or fails to comply with any provision thereof which it was his duty to comply with, shall be guilty of an offence; and if in respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend to two hundred rupees.
(2)The offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively.
SerialNo. Offences Sectionof this Act to which offence has reference Penalties
** * * * * Themaster or owner shall be liable to fine which may extend to onethousand rupees.
99.If any ship proceeds or attempts to proceed to sea incontravention of 312 section 312.
100.If any ship is loaded in contravention of 313 section 313. Themaster or owner shall be liable to fine which may extend to tenthousand rupees and to such additional fine not exceeding onethousand rupees for every inch or fraction of an inch by whichthe appropriate load lines on each side of the ship are submergedor would have been submerged if the ship had been in salt watersand had no list, as the court thinks fit to impose, having regardto the extent to which the earning capacity of the ships is orwould have been increased by reason of the submersion :
  Providethat it shall be a good defence for the master or owner to provethat a contravention was due solely to deviation or delay causedsolely by stress of weather or other circumstance which neitherthe master nor the owner nor the chatterer, if any, could haveprevented or forestalled.
101.(a) If the owner or master of an Indian ship contravenessub-section (1) of section 314; or Finewhich may extend to one thousand rupees.
(b)if any person contravenes sub-section 314(2) of section 314.  
102.If a master or owner fails to deliver 317(5) the certificate asrequired under sub-section (5) of section 317. Finewhich may extend to one hundred rupees.
103.If a master proceeds or attempts to 318(1) proceed to sea incontravention of sub-section (1) of section 318. Finewhich may extend to one thousand rupees.
104.(a) If the owner of an Indian ship 319(1)(a) fails to complywith clause (a) of sub-section (i), 319;or  
(b)if a master fails to comply with 319(1)(b) clause (b) ofsub-section (1), or clause (a) or clause (b) of sub-section (2)of section 319.  
319(2)  
** * * * *  
LOAD LINE, DEPTH OF LOADING, ETC.Positions of the Deck Line and Load Lines
Free board fromdeck line Load Lines
Tropical......................................feet..................inches (T)….................................. inches above S.
.....................decimetres
Summer.....................................feet..................inches (S)….................................. Upper edge of linethrough centre of disc.
…....................decimetres
Winter.....................................feet..................inches (W)….................................. inches below S.
…....................decimetres
Winter NorthAtlantic.................................feet..................inches(if assigned) (WNA)….............................. inches below S.
…....................decimetres  
Allowance for fresh water for all free boards ..................................... inches. The upper edge of the deck line from which these free boards are measured is .................................. inches above the top of the ......................... deck at ......................................(Above particulars to be taken from Load Line Certificate)
Maximum draught of water in summer ...................feet...............inches  
….….........................decimeters  
The maximum draught of water in summer is the draught of water which would be shown on the scale of feet/decimeters on the stem and stern post of the ship if she were so loaded that the upper edge of the summer load line were on the surface of the water and the ship were upright on an even keel.Notes