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Union of India - Section

Section 3 in The Merchant Shipping (Prevention of Pollution by Oil from Ships) Rules, 2010

3. Exemptions and waivers.

(1)Any ship such as hydrofoil, air-cushion vehicle, near-surface craft, submarine craft, etc., the constructional features of which are such as to render compliance with of any of the provisions of Chapter III and IV of these rules relating to construction and equipment, unreasonable or impracticable may be exempted by the Central Government from the provisions:Provided that the construction and equipment of such ship shall provide equipment protection against pollution by oil, having regard to the services for which it is intended.
(2)Particulars of exemption granted by the Central Government under sub-rule (1) shall be indicated in the Certificate issued under rule 7.
(3)The Central Government allowing exemption under sub-rule (1) shall, as soon as possible, but not later than ninety days thereafter, communicate to the Organization particulars of such exemption and the reasons therefor, which in tum, shall be circulated by the Organization to the State Parties to the Convention for their information and appropriate action, if any.
(4)The Central Government may waive the requirements of rules 29, 31 and 32 for an oil tanker which is engaged exclusively on a voyage both of seventy two hours or less in duration and within fifty nautical miles from the nearest land:Provided that such oil tanker is engaged exclusively In trades between ports or terminals within a State Party to the Convention:Provided further that such waiver shall be subject to the condition that oil tanker shall retain on board an oily mixtures for subsequent discharge to reception facilities and the determination by the Central Government that facilities available to receive such oily mixtures are.
(5)The Central Government may waive the requirements of rules 31 and 32 for oil tankers other than those referred to in sub-rule (4) in cases where-
(a)such oil tanker is delivered on or before the 1st June, 1982, as defined in clause(33) of rule lA, of forty thousand tonnes dead weight or above, solely engaged in specific trades as referred to in sub-rule (5) of rule 2, and the conditions specified in sub-rule (6) of rule 2 are complied with; or
(b)such tanker is engaged exclusively in one or more of the following categories of voyages, namely:-
(i)voyages within special areas; or
(A)trades between ports or terminals of a State Party to the Convention; or
(B)restricted voyages as determined by the Central Government, and of seventy-two hours or less in duration;
(iii)all oily mixtures are retained on board for subsequent discharge to reception facilities;
(iv)for voyages specified in sub-clause (ii) of clause (b) of sub-rule (5), the Central Government has determined that adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals such tanker calls at;
(v)the International Oil Pollution Prevention Certificate, when required, is endorsed to the effect that the ship is exclusively engaged in one or more of the categories of voyages specified in sub-clause (i) of clause (b), and item (8) of sub-clause (ii) of clause (b), of sub-rule (5);
(vi)the quantity, time and port of discharge are recorded in the Oil Record Book.
(ii)voyages within fifty nautical miles from the nearest land outside such special areas, where such tanker is engaged in-