Chapter III REQUIREMENTS FOR SHIPS

Nothing contained in this Chapter shall apply to–– (a) any warship, naval auxiliary, or other ships owned or operated by the Government and used for Government non-commercial purpose; (b) ships of less than five hundred gross tonnage: Provided that the Central Government may notify appropriate measures, not impairing operations or operational capabilities of such ships to ensure, as far as practicable, that such ships act in a manner consistent with the provisions of this Act.

(1) No ship shall instal or use such prohibited hazardous materials as may be notified by the Central Government: Provided that the Central Government may, by notification and for the reasons specified therein, exempt certain class or category of ships from the provisions of sub-section (1). (2) Every ship shall comply with such restrictions and conditions, as may be prescribed.

(1) The National Authority or such person or organisation, as the Central Government may by notification authorise, shall carry out following surveys of the ships–– (a) an initial survey before the issue of certificate on inventory of hazardous materials, so as to verify such requirements as may be prescribed; (b) a renewal survey at intervals not exceeding five years as may be prescribed; (c) an additional survey either general or partial, at the request of the ship owner after a change, replacement or significant repair of the structure, equipment, systems, fittings, arrangements or material; (d) a final survey prior to the ship being taken out of service and before the recycling of the ship so as to verify such requirements as may be prescribed; and (e) such other surveys as may be prescribed. (2) The survey shall be conducted and a certificate to this effect shall be issued in accordance with the provisions of this Act and the rules or regulations made thereunder.

(1) The owner of every new ship shall make an application to the National Authority for a certificate on inventory of hazardous materials for the purposes of this Act and such certificate shall be specific to each ship: Provided that the existing ships on the date of commencement of this Act and for which the certificate on inventory of hazardous materials had not been issued, the owner of such ship shall make an application to the National Authority within a period of five years from the date of commencement of this Act: Provided further that a certificate on inventory of hazardous materials issued by any Administration shall be valid for the purposes of this Act. (2) The terms and conditions, the format and the manner for granting the certificate on inventory of hazardous materials shall be such as may be prescribed. (3) The certificate on inventory of hazardous materials shall be properly maintained and updated throughout the operational life of the ship, reflecting the new installations containing hazardous materials and relevant changes in the ship structure and equipment. Explanation.––For the purposes of this sub-section, the expression “new installation” includes systems, equipment, insulation or other material installed on a ship after the date of coming into force of this Act. (4) The certificate on inventory of hazardous materials shall be endorsed by the National Authority after successful completion of an additional survey conducted in accordance with clause (c) of sub-section (1) of section 7. Explanation.––For the purposes of this section, the expressions–– (i) “existing ship” means a ship which is not a new ship; (ii) “new ship” means a ship,–– (a) for which the building contract is placed on or after the date of coming into force of this Act; or (b) other than the ship referred to in sub-clause (a), the keel of which is laid or which is at a similar stage of construction after six months from the date of coming into force of this Act; or (c) which is to be delivered after thirty months from the date of coming into force of this Act, and which is intended to be registered in India.

The certificate referred to in sub-section (1) of section 8 shall be issued or renewed for such period, not exceeding five years, as may be prescribed: Provided that where validity of certificate on inventory of hazardous material expires at a time when a ship is not in the port in which it is to be surveyed, the Administration may extend the period of validity of such certificate and this extension shall be granted only–– (a) for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed; or (b) in cases where it appears proper and reasonable to the Administration to do so: Provided further that no certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival on the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having the certificate renewed.

The certificate on inventory of hazardous materials shall be liable to be suspended or cancelled by the National Authority in any of the following cases, namely:–– (i) if the ship, prima facie, does not comply with the particulars of the certificate; (ii) where the inventory of hazardous materials is not properly maintained and updated with such changes in the ship structure and equipment as may be prescribed; (iii) in case of transfer of the ship to the flag of another State; (iv) if the survey specified by the Administration is not completed within the period specified in section 7; or (v) if endorsement of certificate does not disclose,–– (a) conduct of an additional survey as required under section 7; or (b) extension of the validity of the certificate required under section 9: Provided that no certificate under this section shall be suspended or cancelled unless the owner of the ship has been given an opportunity of being heard.