Section 316. Issue of load line certificates and effect thereof

316. Issue of load line certificates and effect thereof .―(1) Where an Indian ship has been surveyed and marked in accordance with the foregoing provisions of this Part and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee,― 1 [(a) in the case of an existing ship which is of one hundred and fifty tons gross or more or a new ship of twenty-four meters or more in length, and which in either case carries cargo or passengers, a certificate to be called "an international load line certificate"; (aa) in the case of a ship which is exempted under clause (e) or clause (f) of sub-section (3) of section 310, a certificate to be called "an international load line exemption certificate]; and, (b) in the case of any other ship, a certificate to be called "an Indian load line certificate". (2) Every such certificate shall be issued cither by the Central Government or by such other person as may be authorised in that behalf by the Central Government and shall be issued in such form and manner as may be prescribed by the load line rules. (3) The Central Government may request the Government of a country to which the Load Line Convention applies, to issue a load line certificate in the form of an international load line certificate under that Convention in respect of an Indian ship and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Part as if it had been issued by the Central Government. (4) Where a load line certificate, issued in pursuance of this section and for the time being in force, is produced in respect of a ship, the ship shall, for the purposes of the foregoing provisions of this Part, be deemed to have been surveyed as required by those provisions, and if the deck line and 1. Subs. by Act 25 of 1970, s. 8, for clause (a) (w.e.f. 21-7-1968). load lines on the ship are of the number and description required by the load line rules and the position of the deck line and load lines corresponds with the position specified in the certificate, the ship shall be deemed to be marked as required by those provisions. 1[317. Duration and cancellation of certificates. ―(1) Every certificate issued in respect of a ship under clause (a) or clause (b) of sub-section (1) of section 316 and every certificate issued under clause (aa) of that sub-section to a ship referred to in clause (e) of sub-section (3) of section 310 shall be in force for a period of five years from the date of its issue or for such shorter period as may be specified in the certificate but subject to the provisions of this Part, a new certificate may be issued in respect of such ship: Provided that where it is not possible to issue such new certificate to any ship before the expiry of its existing certificate, the Central Government or any other person authorised by it to issue such certificate may, on being satisfied that no alterations affecting the ship's free board have been made in the structure, equipment, arrangements, material or scantlings, after the last survey of the ship under sub-section (5), extend the validity of the existing certificate for such period not exceeding five months as the Central Government or such person may deem fit. 2[Provided further that when the survey for the purpose of issue of certificate under sub-section (1) of section 316 is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of such survey to a date not exceeding five years from the date of expiry of the existing certificate.] (2) Every certificate issued under clause (aa) of sub-section (1) of section 316 to a ship referred to in clause (f) of sub-section (3) of section 310 shall cease to be valid upon the completion of the voyage in respect of which such certificate was issued. (3) Notwithstanding anything contained in the foregoing provisions of this section, any certificate issued in respect of a ship under sub-section (1) of section 316[3] [shall cease to be valid when― (a) the ship ceases to be an Indian ship; (b) material alterations such as would necessitate the assignment of an increased free board have taken place in the hull or superstructure of the ship; (c) the fittings and appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew's quarters are not maintained in an effective condition; (d) the structural strength of the ship is lowered to such an extent as to render the ship unsafe; (e) the certificate is not endorsed to prove that the ship has been surveyed as required under sub-section (5); or (f) the marking of the deck line and load lines on the ship have not been properly maintained]. 4* * * * * (5) The owner of every ship in respect of which any certificate has been issued under sub-section (1) of section 316 shall, so long as the certificate remains in force, cause the ship to be surveyed in the prescribed manner[3] [and the certificate endorsed once at least in each year during the period commencing three months before and ending three months after the anniversary date of expiry of the certificate for the purpose of ensuring that― (a) alterations have not been made to the hull or superstructure which would affect the calculations determining the position of the load lines; (b) the fittings and the appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew's quarters are maintained in an effective condition; 1. Subs. by Act 25 of 1970, s. 9, for section 317 (w.e.f. 21-7-1968). 2. Ins. by Act 63 of 2002, s. 14 (w.e.f. 1-2-2003). 3. Subs. by s. 14, ibid. , for certain words (w.e.f. 1-2-2003). 4. Omitted by s. 14, ibid. (w.e.f. 1-2-2003). (c) the free board marks are correctly and permanently marked; and (d) the stability information required under section 298 is readily available on board] 1[( 6 ) If an annual survey is completed before the period specified in sub-section (5) then,― (a) the anniversary date mentioned on the certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed; (b) the subsequent annual survey required by sub-section (5) shall be completed using the new anniversary date; (c) the expiry date of the certificate may remain unchanged provided one or more annual survey is carried out so that the maximum interval between the surveys specified under subsection (5) is not exceeded. (7) If a certificate under sub-section (1) of section 316 is issued for a period of less than five years, the Central Government or any person authorised by it in this behalf, may extend the validity of the certificate beyond the expiry date to a maximum period specified in sub-section (1): Provided that, annual surveys referred to in sub-section (5) are carried out as may be appropriate. (7A) If a ship at the time when a certificate expires is not in a port at which it is to be surveyed, the Central Government or any person authorised by it in this behalf may extend the period of validity of the certificate, but this extension shall be granted only for the purpose of allowing the ship to complete the voyage to the port in which it is to be surveyed and also only in cases where it appears proper and reasonable to do so: Provided that no certificate shall be extended for a period longer than three months and the ship to which an extension is granted shall not on its arrival at the port in which it is to be surveyed leave that port without having a new certificate: Provided further that when the survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate. (7B) A certificate, issued to a ship engaged in short voyage which has not been extended under sub-section (7A), may be extended by the Central Government or any person authorised by it in this behalf for a period up to one month from the date of expiry and when the survey is completed, the new certificate shall be valid up to a date not exceeding five years from the date of expiry of the existing certificate. (7C) In special circumstances where the Central Government so determines a new certificate, need not be dated from the date of expiry of the existing certificate, shall be valid up to a date not exceeding five years from the date of completion of the survey.] (8) Where any certificate has ceased to be valid or been cancelled under this section, the Central Government may require the owner or master of the ship to which the certificate relates to deliver up the certificate as it directs and the ship may be detained until such Requirement has been complied with. (9) On the survey of any ship in pursuance of this section, there shall be paid by the owner of the ship such fee as may be prescribed.]