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Union of India - Section

Section 8 in The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Rules, 2010

8. Duration and validity of certificate.

(1)The International Sewage Pollution Prevention Certificate or, as the case may be, the Indian Sewage Pollution Prevention Certificate shall be issued valid for a maximum period of five years.
(2)Notwithstanding anything contained in sub-rule (1), when the renew a survey is completed -
(a)within three months before the expiry date of the existing certificate, the new certificate issued shall be valid from the date of completion of such renewal survey for a period of five years from the date of expiry of the existing certificate;
(b)after the expiry date of the existing certificate, the new certificate issued shall be valid from the date of completion of such renewal survey for a period of five years from the date of expiry of the existing certificate;
(c)more than three months before the expiry date of the existing certificate, the new certificate issued shall be valid from the date of completion of the renewal survey for a period of five years from the date of completion of such renewal survey.
(3)If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Central Government may endorse the existing certificate and such certificate shall be accepted as valid for a further period of five months from the expiry date.
(4)If, at a time when the Certificate expires, a ship is not in the port in which it is to be surveyed, or in such other cases as it deems proper and reasonable so to do, the Central Government may, extend the period of validity of the certificate:Provided that such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed :Provided further that such extension shall not be granted for a period longer than three months :Provided also that a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled to leave that port without having a new Certificate and such new Certificate issued after the renewal survey is completed, shall be valid for a period of five years from the date of expiry of the existing Certificate before the extension was granted.
(5)Where a certificate issued to a ship engaged on short voyages has not been extended under the provisions of sub-rule (4), the Central Government may extend the period of grace upto one month from the date of its expiry and the new certificate issued after the renewal survey is completed shall be valid for a period of five years from the date of expiry of the existing certificate before the extension was granted.
(6)Under such special circumstances as may be determined by the Central Government, the new certificate shall be issued for a period of five years from the date of completion of the renewal survey and not from the date of expiry of the existing certificate as provided in clause (b) of sub-rule (2), sub-rule (4) and sub-rule (5).
(7)A certificate issued under rules 5 or 6 shall cease to be valid in the following cases, namely:
(a)where the surveys specified under sub-rule (1) of rule 4 has not been completed within the period specified thereunder; or
(b)upon a transfer of the ship to the flag of another State Party:
Provided that no new certificate shall be issued by any Government required to do so unless it is fully satisfied that the ship is in full compliance of the requirements of sub-rules (7) and (8) of rule 4;Provided further that in the case of a transfer between State Parties, if a request is made in three months after such transfer has taken place, the Government of the State Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Central Government copies of the certificate carried by the ship before such transfer and copies of survey reports, if available.