JIVAMLA ARITI! EGISLATION QUESTION 1 : WHAT ARE THE PROVISIONS OF THE MERCHANT SHIPPING ACT 1958 REGARDING CERTIFICATE OF REGISTRY WITH RESPECT TO 8) CUSTODY AND USE OF CERTIFICATE b) CHANGE OF MASTER OR OWNER ©) DEFACED OR LOST CERTIFICATE 4) SHIPS YURCHASED / CONSTRUCTED ABROAD FOR AN INDIAN OWNER ©) ALTERATION TO SHIP AFFECTING HER TONNAGE AND DESCRIPTION, ANSWER : ®) "CUSTODY AND USE OF CERTIFICATE : THE CERTIFICATE OF REGISTRY IS TO BE USED ONLY FOR THE LAWFUL. ‘NAVIGATION OF THE SHIP AND ISNOT TO BE DETAINED BY ANY OWNER OR MORTGAGEE. THE CERTIFICATE ‘SHALL REMAIN IN THE CUSTODY OF THE PERSON INCHARGE OF THE LAWFUL NAVIGATION OF THE SHIP, SO THAT HE MAY PRODUCE IT AS AND WHEN REQUIRED BY THE REGISTRAR, CUSTOM COLLECTOR OR OTHER PERSON WHERE REQUIRED BY THE LAW. INCASE ANY PERSON HAVING UNLAWFULL POSSESSION OF THE CERTIFICATE OF REGISTRY REFUSES TO HAND IT OVER, SUCH A PERSON CAN BE SUNMONED BY A MAGISTRATE. AND IF THE PERSON ABSCONDS OR REFUSES TO DELIVER SUCH CERTIFICATE, THE MAGISTRATE SHALL CERTIFY. ‘THE FACTS AND THE CERTIFICATE SHALL BE TREATED AS LOST, DEFACED FOR THE PURPOSE OF ISSUE OF A NEW ‘CERTIFICATE. ») CHANGE OF MASTER OR OWNER -THE CHANGE OF MASTER OF AN INDIAN SHIP HAS TO BE ENDORSED ON THE CERTIFICATE OF REGISTRY BY THE FOLLOWING, AS THE CASE NAY BE : i) INCASE THE MASTER HAS BEEN REMOVED BY A MARINE BOARD OR COURT THEN THE PRESIDING. OFFICER SHALL ENDORSE THE CHANGE, IN ALL OTHERCASEES i) THE CHANGE OF MASTER IS TO BE ENDORSED ON THE CERTIFICATE OF REGISTRY BY THE REGISTRAR OR ANY OTHER PERSON AUTHORISED BY THE CENTRAL GOVERNMENT AT THE PORT WHERE THE CHANGE 18 MADE: iii) _ THEENDORSMENT IS MADE BY THE INDIAN CONSULAR OFFICER AT THE PORT OF CHANGE, IF THE (CHANGE IS MADE OUTSIDE INDIA ANY CUSTOM COLLECTOR AT ANY PORT IN INDIA MAY REFUSE 10 PERMIT ANY PERSON TO ACT AS MASTER OF - AN INDIAN SHIP TF HIS NAME IS NOT ENDORSED ON THE CERTIFICATE OF REGISTRY AS THE LAST APPOINTED CAPTAIN. OF THE SHIP . : [THE CHANGE OF OWNER HAS TO BE ENDORSED ON THE CERTIFICATE OF REGISTRY BY THE REGISTRAR AT THE ‘SHIP'S PORT OF REGISTRY OR BY THE REGISTRAR OF ANOTHER PORT WHERE THE SHIP MAY BE WHO HAS BEEN ADVISED OF THE CHANGE BY THE REGISTRAR OF THE SHIPS PORT OF REGISTRY. THE MASTER IS RESPONSIBLE FOR. HANDING OVER THE CERTIFICATE OF REGISTRY TO THE REGISTRAR FOR ENDORSEMENT OF CHANGE OF OWNER AND IF HE DOES NOT DO SO THE FINE IS RS1000/- ©) DEFACED ORLOST CERTIFICATE : WHEN THE CERTIFICATE OF REGISTRY IS DEFACED IT SHOULD BE SUBMITTED ‘TO THE REGISTRAR FOR THE ISSUE OF A NEW CERTIFICATE IN LIEU OF THE ORIGINAL. IF THE CERTIFICATE IS LOST THE SHIP'S REGISTRAR SHALL GRANT A NEW CERTIFICATE. IF THE CERTIFICATE 1S LOST WHILE THE SHIPS. AT ANY PORT OTHER THAN AN INDIAN PORT THEN THE MASTER OR ANY OTHER KNOWLEDGEABLE PERSON SHOULD MAKE A DECLARATION STATING THE FACTS AND THE NAMES OF THE OWNERS TO THE NEAREST INDIAN CONSULAR OFFICER WHO MAY ISSUE A PROVISIONAL CERTIFICATE STATING THE CIRCUMSTANCES UNDER WHICH IT HAS BEEN ISSUED. THE PROVISONAL CERTIFICATE SHALL BE DELIVERED TO THE REGISTRAR AT THE. ‘SHIPS PORT OF REGISTRY WITHIN 10 DAYS.OF THE SHIPS ARRIVAL IN INDIA AND TRE REGISTRAR SHALL GRANT A. NEW CERTIFICATE OF REGISTRY. IF THE LOST CERTIFICATE IS FOUND THEN IT MUST BE SURRENDERED TO THE REGISTRAR AT THE SHIPS PORT OF REGISTRY FOR CANCELLATION. ‘SHIPS PURCHASED / CONSTRUCTED ABROAD : IN CASE A SHIP BECOMES ENTITLED TO BECOME AN INDIAN SHIP ATAPORT OUTSIDE INDIA HER MASTER SHALL APPLY TO THE NEAREST INDIAN CONSULAR OFFICER WHO MAY. ISSUE A PROVISIONAL CERTIFICATE STATING THE PARTICULARS OF THE SHIP AND HE SHALL ALSO FORWARD A. (COPY TO THE D.G.SHIPPING, THE VALIDITY OF SUCH A CERTIFICATE 1S SIX MONTHS, OR UNTILL THE SHIP ARRIVES AT AN INDIAN PORT HAVING A REGISTRAR OF SHIPS. ©) ALTERATION OF THE SHIP AFFECTING HER TONNAGE AND DESCRIPTION : WHEN A REGISTERED SHIP 1S SO ALTERED THAT SHE DOSE NOT CORRESPOND TO HER TONNAGE GR DESCRIPTION AS ENTERED ON THE CERTIFICATE OF REGISTRY, THE REGISTRAR AT THAT PORT OR THE FIRST PORT AT WHICH THE SHIP ARRIVES ‘SHALL ON APPLICATION BEING MADE TO HIM STATING THE PARTICULARS OF ALTERATION MADE, EITHERJVAMLA 1) CAUSE. THE ALTERATION TO BE REGISTERED OR DIRECT THAT THE SHIP BE REGISTERED A NEW. THE REGISTRAR MAY INDICATE THE ALTERATION ON THE EXISTING CERTIFICATE OR ISSUE ANEW CERTIFICATE AFTER. 4) RETAINING THE OLD CERTIFICATE OF REGISTRY. IN CASE THE ABOVE IS DONE BY A REGISTRAR WHO IS NOT THE REGISTRAR OF THE SHIPS PORT OF REGISTRY. HE SHALL FORWARD THE PARTICULARS OF ALTERATION OR THE ‘OLD CERTIFICATE, AS THE CASE MAY BE, TO THE REGISTRAR AT THE SHIPS PORT OF REGISTRY FOR THE ENTRY ‘TO DE MADE IN THE REGISTRY BOOK. IF A PROVISIONAL CEXIIPICATE BY INDIAN CONSULAR OFFICER IS ISSUED ‘THEN ALL THE DETAILS ARE TO BE FORWARDED TO THE REGISTRAR AT SIIPS PORT OF REGISTRY. QUESTION : STATE THE PROCEDURE FOR TRANSFERRING THE REGISTRY OF AN INDIAN SHilP FROM ONE INDIAN PORT TO ANOTHER? ANSWER : THE REGISTRY OF ANY INDIAN SHIP MAY BE TRANSFERRED FROM ONE INDIAN PORT TO ANOTHER INDIAN PORT WITH THE PRIOR APPROVAL OF D.G SHIPPING. ALL PERSONS ENTERED AS OWNER AND MORTGAGEES IN THE REGISTER BOOK MUST APPLY 10 THE REGISTRAR AT THE VESSELS EXISTING PORT OF REGISTRY. SUCH A TRANSFER DOES NOT EFFECT THE RIGHTS OF THE OWNERS OR THE MORTGAGEES. THE PRESENT REGISTRAR SHALL THEN. INFORM THE REGISTRAR AT THE INTENDED PORT OF REGISTRY GIVING ALL THE DETAILS AS CONTAINED IN THE. REGISTRY BOOK. THE EXISTING CERTIFICATE OF REGISTRY MAY BE HANDED OVER TO THE REGISTRAR AT THE. ‘VESSELS PRESENT PORT OF REGISTRY OR TO THE REGISTRAR AT THE INTENDED PORT OF REGISTRY. IF THE, ‘CERTIFICATE OF REGISTRY IS HANDED OVER TO THE REGISTRAR AT THE EXISTING PORT OF REGISTRY HF SHALL FORWARD THE SAME TO THE REGISTRAR OF THE SHIPS INTENDED PORT OF REGISTRY. THE REGISTRAR AT THE SHIPS INTENDED PORT OF REGISTRY WILL THEN ENTER ALL THE PARTICULARS AS INFO2MED TO HIM, IN THE REGISTRY BOOK AND ISSUE A NEW CERTIFICATE OF REGISTRY. THE REGISTRAR AT THE VESSELS INTENDED PORT OF REGISTRY SHALL ALSO CAUSE THE NAME OF THE SHIPS NEW PORT OF REGISTRY TO BE MARKED ON THE SHIP. QUESTION 3 : WHAT ARE THE GENERAL OFFENCES AGAINST DISCIPLINE FOR WHICH A SEAMAN MAY BE PENALISED IN ‘ACCORDANCE WITH MERCHANT SHIPPING ACT 1958? WHAT ARE THE OFFICIAL LCG BOOK ENTRIES REQUIREMENTS, ‘WITH REGARDS TO SUCH OFFENCES ? ANSWER : THE GENERAL OFFENCES AGAINST DISCIPLINE FOR WHICH A SEAMAN OR APPRENTICE MAY BE PENALISED ‘AS PER MSA 1958 ARE 2) IF HEDOES ANY ACT WHICH CAUSES DAMAGE TO OR LOSS OF THE SHIP OR INJURY OR THREAT TO THE LIFE OF ‘ANY PERSON ON BOARD, ») IF HE REFUSES OR OMITS TO DO ANY ACT TO SAVE THE SHIP FROM DAMAGES OR LOSS OR ANY PERSON ON BOARD FROM INJURY OR THREAT TO LIFE. ) IFHEDESERTS THE SHIP 4) IF HE REFUSES TO JOIN THE SHIP OR TO SAIL AFTER JOINING, WITHOUT RESONABLE CAUSE ©) IF HEIS ABSENT FROM His DUTY WITHOUT REASONABLE CAUSE ) IF HEIS GUILTY OF NEGLECT OF DUTY OR WILFUL DISABEDIENCE TO ANY LAWFULL COMMAND ©) IEHEIS GUILTY OF CONTINUED WILFIUL NEGLECT OF DUTY OR CONTINUED WILFUL DISOBEDIENCE TO LAWFUL MAND t) TEHE ASSAULTS THE MASTER, OFFICER. SEAMAN OR APPRENTICE BELONGING TO THE SHIP . i) IF HE COMBINES WITH OTHER CREW TO DISOBEY LAWFUL COMMANDS OR NEGLECT HIS DUTY OR IMPEDE THE NAVIGATION OF THE SHIP OR DELAY HER VOYAGE, 3) IF HE WILFULLY DAMAGES THE SHIP, HER STORES OR CARGO OR COMMITS CRIMINAL MISAPPROPRIATION OR BREACH OF TRUST IN CASE OF ANY OF THE ABOVE OFFENCES COMMITTED BY A SEAMAN i)” AN ENTRY OF THE ABOVE SHALL BE MADEIN THE OFFICIAL LOG BOOK AND BE SIGNED BY THE MASTER, THE MATE AND ONE OF THE CREW i) _ACOPY OF THE ENTRY SHALL BE GIVEN TO THE OFFENDER AND IT SHALL ALSO BE READOUT AND. EXPLAINED TO HIM. IF THE OFFENDERS MAKE ANY REPLY IT SHALL ALSO BE ENTERED IN THE OFFICIAL LOG BOOK AND SIGNED AS ABOVE. A STATEMENT THAT A COPY HAS BEEN FURNISHED AND THE ENTRY HAS BEEN READ OUT TO THE OFFENDER SHALL ALSO BE ENTERED IN THE OFFICIALLOG BOOK AND BE SIGNED BY THE. MASTER, MATE AND A MEMBER OF THE CREW. ANY COURT HEARING PROCEEDINGS OF A CASE OF OFFENCES AGAINST THE OFFENDER MAY DISMISS THE CASE IF THE ABOVE ENTRIESIN THE OFFICAL LOG BOOK, OR PROOF THEREOF, ARENOT PRODUCED. EASY FORMULA: DAIYAA RE DAIYAA JIVA AMITA NE CHAKKAR AISA CHALAYA WAH! DAMAGE REFUSES DESERT JOIN ABSENT NEGLECT CONTINUED ASSAULT COMBINES WILFULLY ‘DAMAGES,JIVAML QUESTION 4: WHAT ARE THE DUTIES OF MASTER AS REGARDS SEAMAN OF APPRENTICE WHO DIES ONBOARD. DURING A VOYAGE, AND AS REGARDS DEALING WITH HIS WAGES AND PROPERTY, AS PROVIDED IN MERCHANT ) * SHIPPING ACT 19587 ANSWER : WHEN ANY SEAMAN OR APPRENTICE ENGAGED IN A VOYAGE DUE TO TERMINATE IN INDIA DIES, THE MASTER SHALL INFORM THE NEXT OF KIN OF THE DECEASED AND THE SHIPPING MASTER AT THE SEAMANS PORT OF ENGAGEMENT. THE MASTER SHALL TAKE CHARGE OF ANY MONEY AND EFFECTS OF THE DECEASED SEAMAN ON 2 BOARD THE SHIP AND MAKE THE FOLLOWING ENTRIES IN THE OFFICIAL LOG BOOK, 3) DETAILS OF MONEY ANDOTHER EFFECTS OF THE SEAMAN OR APERENTICE i) __ ASTATEMENT OF WAGES DUE AND ANY DEDUCTION FROM SUCH WAGES: j) __-ASTATEMENT OF THE DEATH AND THE CAUSE THEROF INCASE ‘THE SHIP ARRIVES AT AND REMAINS FOR ATLEAST 48 HOURS AT /NY PORT OUTSIDE INDIA THEN THE. [MASTER MUST INFORM THE INDIAN CONSULAR OFFICER WHO MAY TAKE OVER THE PROPERTY OF THE DECEASED AND ENDORSE THE SAME ON THE CREW AGREEMENT AS WELL AS ISSUE A RECEIPT TO THE MASTER. ON ARRIVAL OF THE SHIP IN INDIA THE MASTER SHALL FURNISH SUCH RECEIPT TO THE SHIPPING MASTER WITH IN 48 HOURS AND IN OTHER CASES HAND OVER THE PROPERTY OF THE DECEASED TO THE SAID SHIPPING MASTER, ON COMPLIANCE THE SHIPPING MASTER SHALL ISSUE TO THE MASTER OF THE SHIP ACERTIFICATE TO THAT EFFECT ‘NO DEDUCTION ARE ALLOWED FROM THE WAGE OF THE DECEASED UNLESS SUPPORTED BY AN ENTRY IN ‘THE OFFICIAL LOG BOOK AND THE REQUIRED VOUCHERS, : DISCUSS THE PROVISIONS OF THE MERCHANT SHIPPING ACT 1958 AS REGARDS UNSEAWORTHY AND, UNSAFE SHIP'S . WHAT ARE THE PROVISIONS OF MSA 1958 AS REGARDS. 8) SENDING AN UNSEAWORTHY SHIP TO SEAAND 4) OBLIGATION OF OWNER AND MASTER TO CREW WITH RESPECT TO SEAWORTHINESS ©) EXPLAIN CERTIFICATE OF SEAWORTINESS 4) EXPLAIN INTERIM CERTIFICATE OF CLASS ANSWER : THE MSA 1958 DEFINES AN UNSEAWORTHI SHIP WHEN THE MATERIALS OF WHICH SHE IS MADE HER ‘CONSTRUCTION, THE QAULIFICATIONS OF THE MASTER, THE NUMBER, DESCRIPTION AND QUALIFICATIONS: - (OF THE CREW INCLUDING OFFICERS, THE WEIGHT, DESCRIPTION AND STOWAGE OF THE CARGO AND. ‘BALLAST, THE CONDITION OF HER HULL AND EQUIPMENT, BOILERS AND MACHINERY ARE NOT SUCH TO RENDER HER IN EVERY RESPECT FIT FOR THE PROPOSED VOYAGEOR SERVICE ‘THE CENTRAL GOVERNMENT MAY DETAIN ANY UNSAFE SHIP FOR THE PURPOSE OF BEING SURVEYED OR FINALLY DETAINED. A WRITTEN STATEMENT OF THE GROUNDS OF =~ DETENTION SHALL BE IMMEDIATELY SERVED TO THE MASTER OF THE SHIP. THE SHIP SHALL BE SURVEYED AND ON RECEIVING THE REPORT OF. ‘THE SURVEY THE SHIP MAY BE RELEASED OR FINALLY DETAINED, EITHER ABSOLUTELY OR UNTILL THE REQUIRED REPAIRS OR ALTERATION OR UNLOADING OF CARGO AS IN NECESSARY FOR THE PROTECTION OF HUMAN LIFE. BEFORE AN ORDER OF FINAL DETENTION THE MASTER OF THE SHIP MUST BE SERVED WITH A (COPY OF THE REPORT AND HE MAY APPEAL AGAINST THE REPORT WITHIN SEVEN DAYS. “THE SHIP OWNER OR MASTER OF DETAINED SHIP MAY APPOINT AN ASSESOR TO ACCOMPANY THE ‘SURVEYOR APPOINTED BY THE CENTRAL GOVERNMENT. IP THE ASSESOR AND THE SURVEYOR AGREE ON ‘THE FINDINGS THE SHIP MAY BE RELEASED OR DETAINED AS THECASE MAY BE. IF THE TWO DISAGREE THE ASSESOR REPORT IS IGNORED AND THE DULY APPOINTED SURVEYOR HAS THE FINAL SAY. ‘THE APPOINTED DETAINING OFFICER SHALL REPORT ANY ORDER OF DETENTION OR RELEASE OF A SHIP ‘TO THE CENTRAL GOVERNMENT IF THE SHIP IS WRONGFULLY DETAINED THE CENTRAL GOVERNMENT HAS TO MAKE GOOD ANY LOSS. ‘SUFFERED BY THE SHIP DUE TO HER WRONGFUL DETENTION « 8) EVERY PERSON WHO SENDS OR ATTEMPT TO SEND AN UNSEAWORTHY SHIP TO SEA FROM ANY PORT IN. INDIA SO THAT IT ENDANGERS THE LIFE OF ANY PERSON, IS GUILTY OF AN OFFENCE (IMPRISONMENT SUX ‘MONTH AND/OR RS 1000) UNLESS HE CAN PROVE THAT HE TOOK ALL MEASURES TO INSURE THAT THE SHIP IS IN A SEAWORTHY STATE BEFORE SHE PROCEEDS TO SEA OR THAT IT WAS JUSTIFIABLE TO SEND ‘THE SHIP TO SEA IN UNSEAWORTHY STATE . EVERY MASTER OF AN INDIAN SHIP WHO TAKES AN UNSEAWORTHY SHIP TO SEA SUCH AS TO ENDANGER. ‘THE LIFE OF ANY PERSON IS GUILTY OF AN OFFENCE UNLESS HE PROVES THAT HE WAS JUSTIFIED IN ‘TAKING THE UNSEAWORTHY SHIP TO SEA: JIVAMLS 1b) RVEVERY AGREEMENT WITH THE CREW AND IN EVERY CONTRACT WITH AN APPRENTICE, ITS IMPLIED ‘THAT THE OWNER, MASTER, EVERY AGENT INCHARGE OF LOADING Ok PREPARING THE SHIP FOR SEA SHALL ENSURE THAT SHE IS IN A SEAWORTHY STATE AT THE COMMENCEMENT OF THE VOYAGE AND DURING THE VOYAGE. UPON REQUEST BY THE OWNER OR OTHERWISE THE CENTRAL GOVRNMENT MAY APPOINT A SURVEYOR TO SURVEY THE HULL, EQUIPMENT AND MACHINERY OF ANY SEA GOING SHIP. ©) CERTIFICATE OF SEAWORTHINESS: IF A SHIP SUSTAIN ANY.DAMAGE TO HER HULL OR MACHINERY OR ‘GROUNDS AND REFLOATS THE MASTER MUST CAUSE THE SHIP TO BE SURVEYED AT THE NEXT PORT OF ‘ARRIVAL. AN ENTRY SHOULD BE MADE IN THE OFFICIAL LOG BOOK AND A PROTEST NOTED AT THE FIRST OPPURTUNITY. IT IS ADVISABLE TO USE A CLASSIFICATION SOCIETY SURVEYOR AND IF HE1S SATISFIED THAT THE SHIP IS FIT IN EVERY RESPECT TO CONTINUE HER VOYAGE HE WILL ISSUE A CERTIFICATE OF SEAWORTHINESS. 4 INTERIM CERTIFICATE OF CLASS: THE SURVEYOR MAY REQUIRE THAT THE DAMAGED SHIP BE DRYDOCKED FOR FURTHER EXAMINATION AT A NAMED SUBSEQUENTPORT. HE WILL THEN ISSUE A ITERIM CERTIFICATE OF CLASS. ° ITIS VERY IMPORTANT TO OBTAIN THE APPROPRIATE CERTIFICATE ,AS IF ANYTHING GOES WRONG AT A LATER STAGES OF THE VOYAGE AND IS TRACED BACK TO THE INCIDENT WHICH REQUIRED A SURVEY NOT ONLY IS THE VESSELS INSURANCE IPOPARDISED BUT ALSO THE OWNER WILL LOOSE HIS RIGHTS TO CLAIM ‘THE BENEFIT OF ANY EXCEPTION CLAUSE IN THE CONTRACT OF AFFRIGHTMENT ‘QUESTION 6 WHAT ARE THE ENTRIES TO BE MADE INTHE OFFICIAL LOG BOOK WITH REGARD TO SEAMAN AND APPRENTICE AS REQUIRED BY THE MERCHANT SHIPPING ACT 1958 ?HOW AND WHEN ARE THE ENTRIES TO BE MADE? ANSWER : THE ENTRIES TO BE MADE IN THE OFFICIAL LOG BOOK WITH REGARDS TO SEAMAN AND APPRENTICE ARE AS FOLLOWS; 7 9) EVERYiCONVICTION BY A LEGAL TRIBUNAL AND THE PUNISHMENT INFLLICTED 6) ARECORD OF EVERY OFFENCES COMMITED FOR WHICH IT IS INTENDED TO PROSECUTE OR LEVY A FINE, ALONGWITH A STATEMENT OF THE REGARDING OUT OF THE ENTRY AND A RECORD OF THE REPLY 8) A RECORD OF EVERY OFFENCE FOR WHICH A PUNISHMENT IS INFLICTED AND THE PUNISHMENT INFLICTED. ) AREPORT ON THE QUALITY OF WORK OF EVERY SEAMAN, IF THE MASTER DEC. INES TO MAKE A COMMENT ON ‘THE ABOVE THEN A STATEMENT TO THAT EFFECT AND THE REASONS THEREOT ©) ARECORD OF EVERY INJURY OR ILLNESS AND THE TREATMENT THEREOF ) ARECORD OF EVERY DEATH ON BOARD AND THE REASON THEREOF ) ARECORD OF EVERY BIRTH ON BOARD, THE CIIILD'S SEX AND THE NAMES OF THE PARENTS: hb) EVERY MARRIAGE ON BOARD IS TO BE RECORDED ALONGWITH THE NAMES OF THE PARTIES i) THE NAME OF EVERY SEAMAN OR CREW WHO CEASES TO BE A MEMBER OF TH: CREW OTHERWISE THAN BY DEATH, WITH THE PLACE TIME AND RESONS THEREOF i) THE WAGES DUE TO ANY SEAMAN AND APPRENTICE WHO DIES ON BOARD AND THE GROSS AMMOUNT OF DEDUCTION OM, k) THE MONEY4\ND ANY PROPERTY OF A SEAMAN OR APPRENTICE WHO DIES DURING THE VOYAGE 1) _ANY OTHERMATTER AS PRESCRIBED ‘THE ENTRY IS TO BE MADE AS SOON AS POSSIBLE AFTER THE OCCURRENCE TO WHICH IT RELATES. IF IT ISNOT MADE. ‘ON THE SAME DAY THEN THE DATE OF OCCURRENCE AND THE DATE OF MAKING THE ENTRY ARE TO BE RECORDED. IF THE ENTRY IS REGARDING AN OCCURRENCE BEFORE THE VESSELS ARRIVAL AT HER FINAL PORT OF DISCHARGE ‘SUCH ENTRY SHALL BE MADE WITHIN 24 AFTER THE VESSELS ARRIVAL. EVERY ENTRY SHALL BE SIGNED BY THE MASTER AND THE MATE OR SOME OTHER MEMBER OF THE CREW, AND ALSO BY THE SHIPS MEDICAL OFFICER IF IT IS REGARDING AN INJURY OR DEATH, IF IT I$ ABOUT THE WAGES DUE OR THE PROPERTY OF A SEAMAN OR APPRENTICE WHO DIES DURING THE VOYAGE THEN THE ENTRY IS TO BE SIGNED BY THE ‘MASTER, MATE AND A MEMBER OF THE CREW QUESTION? : GIVE THE GENERAL TERMS OF THE ARTICLES OF AGREEMENT AS PROVIDED IN THE MERCHANT SHIPPING ACT 19587 ‘ANSWER: THE ARTICLES OF AGREEMENT MUST BE IN THE PRESCRIBED FORM AND IS TO BE DATED AT THE TIME OF FIRST SIGNATURE OF THE CREW AND PRIOR TO THIS IT MUST BE SIGNED BY THE OWNER OR AGENT AND THE MASTER, ‘THE CREW AGREEMENT MUST CONTAIN DETAILS OF THE FOLLOWING TERMS; ‘THE NAME OF THE SHIP OR SHIPS ON WHICH THE CREWMAN AGREES TO SERVE ‘THE NATURE AND DURATION OF THE VOYAGE AND THE PARTS OF THE WORLD TO WHICH THE VOYAGE IS NOT EXTENDED ‘THE NUMBER AND DESCRIPTION OF THE CREW OF EACH DEPARTMENT ‘THE TIME THE SEAMAN IS TO REPORT ON BOARD ‘THE CAPACITY IN WHICH THE SEAMAN IS TO SERVE,JIVAMLS vi) THESEAMAN's WAGES wi) ASCALE OF PROVISIONS TO BE FURNISHED TO EACH SEAMAN, SUCH SCALE BEING NOT LESS THAN AS LAID DOWN BY THI! CENTRAL GOVERNMENT yi) DETAILS OF WARM CLOTHINGS AND ADDITIONAL. PROVISIONS 70 BE SUPPLIED IN SPECIFIED COLD REGIONS j ix) REGULATIONS REGARDING CONDUCT ON BOARD AND DETAILSOF FINES AND PUNISHMENTS AS LAID DOWN BY THE CENTRAI.GOVERNMENT x) PAYMENT OF COMPENSATION FOR INJURY OR DEATH »)__ INCASE THE SERVICES ARE TO BE TERMINATED OUTSIDE INDIA THEN THE AGREEMENT IS TO PROVIDE FREE REPARTRIATION BACK TO INDIA xi) ANY OTHER STIPULATION THAT MAY BE REQUIRED IN CASE THERE IS ANY DISPUTE BETWEEN THE OWNER OR AGENT AND MASTER OF THE SHIP AND A SEAMAN SUCH ‘DISPUTE SHALL BE REFFERED TO THE NEAREST INDIAN CONSULAR OFFICER AND IS DECISION SHALL BE BINDING ‘TILL THE SHIPS RETURN TO THE PART IN INDIA AT WHICH THE SEAMEN IS TO BE FINALLY DISCHARGED. ‘THE AGREEMENT MUST RECORD THE REQUIREMENTS OF ADVANCES AND ALLOTMENTS AND OTHER STIPULATION ‘NOT CONTRARY TO LAW. ‘THE MASTER SHALL PROVIDE A COPY OF THE AGREEMENT TO THE MEMBERS OF THE CREW . ANY CHANGE IN A CREW AGREEMENT IS ONLY VALID IF IT IS MADE WITH THE CONSENT OF ALL THE PARTIES CONCERNED AND THE SAME IS TO BE ATTESTED BY THE SHIPPING MASTER IN INDIA OR BY AN INDIAN CONSULAR OFFICER OUTSIDE INDIA . QUESTION 8: WHAT IS i) SPECIAL TRADE? ) SPECIAL TRADE PASSENGER ? i) _ SPECIAL TRADE PASSENGER SHIP'S i) WHAT ARE SUBDIVISON LOADLINES 7 . °) WHAT CERTIFICATES ARE TO BE CARRIED BY SPECIAL TRADE PASSENGER SHIPS INTENDING TO CARRY SPECIAL TRADE PASSENGER'S AS PROVIDED IN MERCHANT SHIPPING ACT 1958 7 ANSWER :) SPECIAL TRADE MEANS THE TRANSPORTING OF A LARGE NUMBER OF PASSENGERS BY SEA WITHIN PRESCRIBED AREAS iil) SPECIAL TRADE PASSENGER MEANS A PASSENGER CARRIED IN SPECIAL TRADE PASSENGER SHIPS IN SPACES: ON WEATHER DECK OR UPPER DECK OR BETWEEN DECKS WHICH ACCOMMODATE MORE THAN EIGHT PASSENGERS & INCLUDES A PILGRIM OR A PERSONS ACCOMPANYING A PILGRIM i) _ASPECIAL TRADE PASSENGER SHIP MEANS A MECHANICALLY PROPELLED SHIP CARRYING MORE THAN 30 ‘SPECIAL TRADE PASSENGERS ™) _WITH RESPECT TO PASSENGER SHIPS SUB DIVISON LOAD LINES ARE MARKED SO AS TO INDICATE THE DEPTH SUBDIVIDED AND THE SF ACE WHICH HAS BEEN ALLOTED TO PASSENGERS. NO SHIP SHALL BE LOADED SO AS. ‘TO SUBMEROE THE APPROPRIATE SUBDIVISON LOADLINE IN SALTWATER, IF SHE IS SO LOADED THE SHIP IS. ‘TO DETAINED UNTILL SHE CEASES TO BE SO LOADED vi). A SilP INTENDING TO CARRY SPECIAL TRADE PASSENGERS TO OR FROM PORTS WITHIN INDIA IS REQUIRED ‘TO HAVE BEEN ISSUED A CERTIFICATE “A” AND A CERTIFICATE ‘B" A SHIP INTENDING TO CARRY SPECIAL TRADE PASSENGERS FROM OR TO APORT IN INDIA TO OR FROM A. PORT OUTSIDE INDIA MUST HAVE THE FOLLOWING CERTIFICATES ; ‘A PASSENGER SHIP SAFTEY CERTIFICATE 3) AN EXEMPTION CERTIFICATE, ii) _A SPECIAL TRADE PASSENGER SHIP SAFTEY CERTIFICATE fil) _ASPECIAL TRADE PASSENGER SHIP SPACE CERTIFICATE AND iv) __ACERTIFICATE “B" ‘THE CUSTOMS COLLECTOR WHOIS TO GRANT PORT CLEARANCE SHALL WOT DO SO UNLESS THE SHIP IS CARRYING. ‘THE APPROPRIATE CERTIFICATESIVA QUEST*ON 9 11SCUISS THE PROVISIONS OF MERCHANT SHIPPING ACT 1958 REGARDING THE INSPECTION OF ‘PROVISIONS, WATER & ACCOMADATION , 4) BY SIIIPPING MASTER AND PORT HEALTH AUTHORITIES IN PORT, | by _ BY THE MASTER ATSEA, : INCLUDING ACTION TO E TAKEN IF DEFICIENCIES ARE FOUND 7 ANSWER: ALL. INDIAN SIPS ARE REQUIRED 10 HAVE SUFFICIENT PROVISONS AND WATER OF GOOD QUALITY AS LAID DOWN INTHE CREW AGREEMENT. THE ACCOMADATION PROVIDED IIAS TO COMPLY WITH THE RULES AS LAID DOWN BY THE CENTRAL GOVERNMENT. THE SHIPPING MASTER OR PORT HEALTH AUTHORITIES MAY AT ANY TIME. OR UPON THE REQUEST OF THE MASTER OR THREE OR MORE OF THE CREW. BOARD AND INSPECT THE FOLLOWING i ‘THE PROVISIONS AND WATER ‘THE WEIGHTS AND MEASURES ii) THE ACCOMODATION FOR SEAMAN * 4S WELLL AS THE SPACE AND EQUIPMENT USED FOR THE STORAGE AND HANDLING OF PROVISIONS AND WATER ‘AND THE GALLEY AND OTHER EQUIPMENT USED FOR THE PREPARATION AXD SERVICE OF MEALS. ‘THE-MASTER OF AN INDIAN SHIP AT SEA SHALL, ONCE IN EVERY TEN DAYS, CAUSE AN INSPECTION OF THE PROVISIWNS & WATER PROVIDED FOR THE USE OF SEAMAN & APPRENTICES & THE CREW ACCOMODATION, TO CHECK. IE THEY AR®.BEING MAINTAINED AS REQUIRED BY THE ACT, THE PERSON MAKING SUCH INSPECTION SHALL ENTER ‘THE RESULT IN A BOOK SPECIALLY KEPT FOR THIS PURPOSE. ANY SHIPPING MASTER OR PORT HEALTH OFFICIAL MAY DETAIN THE SHIP UNTILL ANY DEFICIENCY WITH REGARDS TO THE QUANTITY &QUALITY OF THE PROVISIONS & WATER HAVE BEEN RECTIFIED. AN ENTRY OF THE INSPECTION AND THE RESULTS THEREOF WILL BE MADE IN THE OFFICIAL LOG BOOK. IF THE CREW ACCOMODATION HAS BEEN FOUND UNHYGEINIC OR DEFICIENT THE PERSON MAY DETAIN THE SHIP UNTILL THE DEFECTS ARE RECTIFIED. IN ANY CASE HE SHALL SIGNIFY HIS FINDINGS IN WRITING TO'THE MASTER. QUESTION 10: 1) WHAT ARE THE PROVISIONS OF MERCHANT SHIPPING ACT 1958 AS REGARDS REPORTING & COMMUNICATION OF INTELLIGENCE REGARDING DANGERS TO NAVIGATION? I)WHAT ARE THE CONTENTS OF «) CERTIFICATE "A" , ) CERTIFICATE "B" ? ANSWER : THE MASTER OF EVERY INDIAN SHIP WHICH ENCOUNTERS DANGEROUS ICE, A DANGEROUS DERELICT, A TROPICAL STROM .OR ANY OTHER DIRECT DANGER TO NAVIGATION OR SU8FREEZING TEMPERATURE WITH GALE FORCE WINDS CAUSING SEVERE ICE ACCERETIONS ON SUPERSTRUCTURES OR GALE FORCE WINDS FOR WHICH NO "STROM WARNING HAS BEEN RECEIVED SHALL INFORM SHIPS IN THE VICINITY &SEND THE APPROPRIATE INFORMATION BY ALL MEANS OF COMMUNICATION AVAILABLE TO HIM TOTHE APPROPRIATE AUTHORITIES ASHORE. ‘THE APPROPRIATE AUTHORITY ASHORE ON RECEIVING SUCH INFORMATION SHALL AS SOON AS POSSIBLE COMMUNICATE IT TO SUCH SHIPS AND AUTHORITIES AS HE DEMS PROPER. NO FEES SHALL BE CHARGED TO ANY SHIP FOR COMMUNICATING ANY INTELLIGENCE AS REQUIRED BY THIS SEC"ION OF THE ACT. 4) CERTIFICATE “A" : IT SHALL BE IN THE PRESCRIBED FORM & SHALL CONTAIN THE PRESCRIBED PARTICULARS IN ADDITION TO THE FOLLOWING STATEMENTS & PARTICULARS a ‘THAT THE SHIP 1S SEAWORTHY ‘THAT THE SHIP IS PROPERLY FITTED, EQUIPED & VENTILATED ‘THE NUMBER OF SPECIAL TRADE PASSENGER THE SHIP IS CERTIFIED TO CARRY. ‘THE CERTIFICATE SHALL REMAIN IN FORCE FOR ONE YEAR OR THE LESEER PRIOD AS INDICATED ON THE (CERTIFICATE. THE CERTIFICATE IS TO BE PROMINENTLY DISPLAYED ON BOARD THE SHIP. ‘CERTIFICATE “B” : THE CERTIFICATE SHALL BE IN THE PRESCRIBED FORM &SHALL STATE ; 1) THE VOYAGE DESCRIPTION & INTERMEDIATE PORTS THE SHIP HAS TO TOUCH 2) ‘THAT SHE HAS PROPER COMPLEMENT OF OFFICER & CREW 3) THAT THE MASTER HOLDS a) ACERTIFICATE OF SURVERY AND CERTIFICATE “A”, OR ») A PASSENGER SHIP SAFTEY CERTIFICATE ALONGWITH AN EXEMPTION CERTIFICATE, A STP SHIP SAFTEY CERTIFICATE ALONGWITH A STP SHIP SPACE CERTIFICATE, OR 2) ANUCLEAR PASSENGER SHIP SAFTEY CERTIFICATE, 4) THAT SHEHAS ON BOARD THE REQUIRED NUMBER OF MEDICAL OFFICERS & ATTENDANTS 5) THAT THE FOOD, WATER & FUEL OVER & ABOVE THAT REQUIRED FOR THE CREW IS ON BOARD & 1S OF GOOD " 6) IF THE VOYAGE IS TO BE MADE IN THE FOUL WEATHER & THE STP ARE TO BE CARRIED ON DECK THEN ADEQUATE, ‘BULWARKS & MEANS OF PROTECTION FROM THE WEATHER HAVE BEEN PROVIDED 7) IX CASE OF A STP SHIP, THE NUMBER OF CABIN & SPECIAL TRADE PASSENGERS ON BOARD AT THE PORT OF ‘TIONJIVAMMLT 4) ANY OTHER PARTICULARS THAT MAY BE REQUIRED FOR STP OR PILGRIM SHIPS * QUESTION 11 :1) WHAT IS A “SHIPPING CASUALITY * AND THE PROVISIONS UNDER THE MSA 1958 FOR REPORTING IT if) WHAT IS INCLUDED UNDER THB DEFINATION OF “WRECK™ UNDER MSA 1958? WHAT ARE THE PROVISIONS OF MSA 1988 AS REGARDS THE PRESERVATION OF LIFE & PROPERTY OF A VESSEL WRECKED ON OR NEAR THE INDIAN COAST? ANSWER : A SHIPPING CASUALITY SHALL BE DEEMED TO OCCUR WHEN, 1) ONORNEAR THE COAST OF INDIA, ANY SHIP IS LOST, ABANDONED, STRANDED OR MATERIALLY DAMAG# 2) ON ORNEAR THE COAST OF INDIA ANY SHIP CAUSES LOSS OR MATERIAL DAMAGE TO ANY OTHER SHIP 3) ANY LOSS OF THE LIFE DUE TO ANY CASUALTY HAPPENING TO OR ONBOARD ANY SHIP ON OR NEAR THE COAST ‘OF INDIA, 4) INANY PLACE, ANY SUCH LOSS, ABANDONMENT, STRANDING , MATERIAL DAMAGE OR CASUALITY OCCURS TO ‘OR ON BOARD ANY INDIAN SHIP & ANY COMPETENT WITNESS THEREOF IS FOUND IN INDIA. 5) ANY INDIAN SHIP IS LOST OR SUPPOSED TO HAVE BEEN LOST & ANY EVIDENCE IS OBTAINABLE IN INDIA AS TO ‘THE CIRCUMSTANCES UNDER WHICH SHE PROCEEDED TO SEA OR WAS LAST HEARD OF IN CASE 123 THE MASTER, HARBOUR MASTER OR PILOT & IN CASE OF 4THE MASTER OF THE SHIP ON ARRIVAL IN INDIA SHALL IMMEDIATELY INFORM THE APPOINTED OFFICER OF THE SHlPPING CASUALITY ‘WHENEVER THE APPOINTED OFFICER RECEIVE CREDITABLE INFORMATION OF A SHIPPINO CASUALITY HE SHALL INFORM THE CENTRAL GOVRNMENT &MAY MAKE A PRELIMINARY INVESTIGATION INTO THE CAUSE OF THE SHIPPING CASUALITY & SHALL SEND THE REPORT OF THE PRELIMINARY INVESTICATION TO THE CENTRAL GOVERNMENT 1) UNDER MSA 19$8 THE WORD WRECK INCLUDES THE FOLLOWING WHEN FOUND IN THE SEA OR IN THE TIDAL WATERS OR ON THE SHORES THEREOF, ‘GOODS WHICH HAVE BEEN CAST OR FALL INTO THE SEA & THEN SINK & REMAIN UNDERWATER ‘GOODS WHICH HAVE BEEN CAST OR FALL INTO THE SEA & REMAIN FLOATING ON THE SURFACE i) GOODS WHICH ARE SUNK INTHE SEA, BUT ARE ATTATCHED TO A FLOATING OBJECT IN ORDER THAT THEY MAY BE FOUND AGAIN i) GOODS WHICH ARE THROWN AWAY OR ABANDONED, AND. ¥) + AVESSEL ABANDONED WITHOUT HOPE OR INTENTION OF RECOVERY “THE CENTRAL GOVERNMENT APPOINTS THE RECEIVER OF WRECKS é IT IS HIS DUTY TO TAKE ALL ACTION NECESSARY FOR THE PRESERVATION OF THE VESSEL’ AND THE LIVES OF PERSONS BELONGING TO THE VESSEL AND IF ITS CARGO & EQUIPMENT. SUCH PERSON SHALL NOT INTERFERE BETWEEN THE MASTER & THE CREW OF THE VESSEL. WITH RESPECT TO THE MANAGEMENT OF THE VESSEL UNLESS THE MASFER REQUESTS HIM TO. ADJOINING LANDS MAY BE USED FOR PROVIDING ASSISTANCE OR LANDING THE VESSELS CARGO, EQUIPMENT OR PERSONS WITHOUT ANY INTRUPTION BY THE OWNER OF SUCH LANDS . ANY DAMAGE CAUSED BY SUCH AN ACTIS A CHAROE UPON THE ‘SHIP, CARGO & EQUIPMENT BY WHICH SUCH DAMAGED IS CAUESD “THE RECEIVER OF WRECK MAY TARE SUCH STEPS & USE SUCH FORCE AS HE THINKS NECESSARY TO SUPPRESS [ANY DISORDER OR OBSTUCTION OF THE VESSEL OR SHIPWRECK PERSONS,CARGO OR EQUIPMENT. ~ QUESTION 12 : WHAT ARE THE OBLIGATION OF THE MASTER UNDER THE MERCHANT SHIPPING ACT 1958, AS REGARDS. RENDERING ASSISTANCE. a) TO VESSEL IN DISTRESS b)IN CASE OF COLLISIONS WITH ANOTHER VESSEL ‘ANSWER: a) EVERY MASTER OF AN INDIAN SHIP AT SEA ON RECEIVING A DISTRESS SIGNAL OR INFORMATION THAT ‘ANOTHER SHIP OR AIRCRAFT IS IN DISTRESS SHALL PROCEED WITH ALLPOSSIBLE SPEED TO THEIR ASSISTANCE, INFORMING THEM IF POSSIBLE THAT HE IS DOING SO, UNLESS HE 1S UNABLE OR CONSIDERS IT UNNECESSARY IN THE GIVEN CIRCUMSTANCES OR IS RELEASED FROM HIS OBLIGATION TO DOSO. IF THE MASTER OF AN INDIAN SHIP WHO HAS ANSWERED THE DISTRESS CALL IS REQUISITIOPNED THEN HE SHALL PROCEED TO THE ASSISTANCE OF THE (OTHER VESSEL WITH ALL POSSIBLE SPEED. THE MASTER OF THE REQUSITIONED SHIP IS RELEASED FROM THE. ‘OBLIGATION TO PROCEED TO THE ASSISTANCE OF THE SHIP IN DISTRESS, IF HE IS INFORMED 80 BY THE PERSONS IN DISTRESS OR BY THE MASTER OF ANOTHER SHIP ON THE SITE THAT HIS ASSISTANCE IS NO LONGER If THE MASTER OF AN INDIAN SHIP IS UNABLE TO PROCEED FOR THE ASSISTANCE OF A SHIP IN DISTRESS HE SHALL ‘MAKE A STATEMENT TO THAT EFFECT IN THE OFFICIAL LOG BOOK STATING HIS REASONS FOR NOT DOING SO. ANY ENTRY SHALL BE MADE IN THE OFFICIAL LOG BOOK OF EVERY DISTRESS SIGNAL RECEIVED b) INEVERY CASE OF COLLISION IT Is THE DUTY OF THE MASTER, IF HE CAN DO SO WITHOUT DANGER TO HIS OWN SHIP, CREW & PASSENGER IF ANY;