Chapter IV LICENCING OF CHARTERED VESSELS OTHER THAN FOR COASTING TRADE

This Chapter shall apply to all sea going vessels chartered by a citizen of India or a non-resident Indian or an overseas citizen of India, or a company or a co-operative society or a limited liability partnership or any other entity as the Central Government may, by notification, specify in this behalf, proceeding to sea from a port or place–– (a) in India, to a port or place outside India; or (b) outside India, to a port or place in India or outside India.

(1) No vessel, other than an Indian vessel, chartered by a citizen of India or a non-resident Indian or an overseas citizen of India or a company or a co-operative society or a limited liability partnership or any other entity as the Central Government may, by notification specify in this behalf, shall be taken to sea from a port or place within India or outside India, except under a licence granted by the Director-General under this section: Provided that no vessel which is chartered by an overseas citizen of India shall be required to obtain licence, if such vessel is chartered exclusively for operation outside India. (2) A licence granted under this section may be–– (a) a general licence; or (b) a licence for a specified period or voyage. (3) Every application for the grant of a licence under this section shall be made to the Director-General in such form, manner and on payment of such fee, as may be prescribed. (4) A licence granted under this section shall be in such form, for such period and shall be subject to such conditions, as may be prescribed: Provided that the Director-General may, for reasons to be recorded in writing, specify such other conditions as may be necessary, for grant of the licence under this section.

(1) The Director-General may, at any time, if the circumstances of the case so require, by order in writing and for reasons to be recorded therein, suspend, revoke or modify a licence granted under section 11: Provided that no such licence shall be suspended, revoked or modified, unless the licensee has been given a reasonable opportunity of being heard. (2) A licensee, who intends to modify the particulars of the licence granted to him under section 11, may make an application to the Director-General in that behalf in such form and manner, as may be prescribed. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that such offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or partner, or other officer of the company, such director, manager, secretary or partner, or other officer shall be deemed to be guilty of that offence and shall also be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a) “company” includes a co-operative society, a firm or limited liability partnership firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.

Where a licence granted under section 11 ceases to be valid due to expiry of its period or revocation, the licensee shall return

No proper officer shall grant port clearance to any vessel requiring a licence under this Chapter, unless the owner, master or agent of the vessel produces a valid licence in respect of such vessel.