Section 308. Production of certificates by ships other than Indian ships

308. Production of certificates by ships other than Indian ships .―(1) The master of[9] [every ship, being a passenger ship or being a cargo ship of three hundred tons gross or more,] belonging to a country to which the Safety Convention applies, shall produce a valid safety convention certificate to the customs collector from whom a clearance for the ship is demanded in respect of a voyage from a port or place in India to a port or place outside India and a clearance shall not be granted and the ship may be detained until such a certificate is so produced. (2) Where a valid safety convention certificate is produced in respect of a ship,[10] * the ship, shall not be deemed to be unsafe for the purpose of section 342 by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger 1. Subs. by Act 63 of 2002, s 13, for sub-section (2A) (w.e.f. 1-2-2003). 2. Subs. by Act 21 of 1966, s. 22, for "Indian ship of five hundred tons gross or more, not being a passenger ship," (w.e.f. 28-5-1966). 3. Subs. by s. 22, ibid. , for "an equipment certificate" (w.e.f. 28-5-1966). 4. Subs. by Act 63 of 2002, s. 13, for "equipment certificate issued under, section 300" (w.e.f. 1-2-2003). 5. Ins. by s. 13, ibid . (w.e.f. 1-2-2003). 6. Subs. by Act 21 of 1966, s. 22, for "qualified equipment certificate" (w.e.f. 28-5-1966). 7. Ins. by s. 22, ibid . (w.e.f. 28-5-1966). 8. Subs. by Act 63 of 2002, s. 22, for "radio telegraphy certificate or a cargo ship radio telephony certificate" (w.e.f. 1-2-2003). 9. Subs. by Act 21 of 1966, s. 23, for "every ship other than an Indian ship being a passenger ship of five hundred tons gross or more" (w.e.f. 28-5-1966). 10. The words "other than an Indian ship" omitted by s. 23, ibid . (w.e.f. 28-5-1966). to the passengers or crew owing to the fact that the actual condition of the ship does not correspond substantially with the particulars stated in the certificate. 1[(3) Nothing in this section shall apply in respect of an Indian ship or a nuclear ship;]