3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service
without certificate of survey.—(1) An inland 3
[mechanically propelled vessel] shall not proceed on any
voyage, or be used for any service unless she has a certificate of survey in force 6
[in the zone intended for
for operation and applicable to such voyage or service in such zone].
(2) Nothing in this section shall apply to any 3
[mechanically propelled vessel] proceeding on a voyage
during the interval between the time at which her certificate of survey expires and the time at which it is
first practicable to have the certificate renewed:
7
[Explanation.—For the purpose of this sub-section, “zone” means any such inland water area as the
State Government may, depending on the maximum significant wave height criteria, by notification in the
Official Gazette, specify for the purpose of this Act.]
4. Appointment of surveyors and places, of survey.—(1) The State Government may, by
notification in the Official Gazette,—
(a) declare such places, within the territories under its administration, as it thinks fit, to be places
of survey, and
(b) appoint so many persons to be surveyors at the said places as it thinks fit, for the purposes of
this Act.
(2) Every surveyor shall, for the purposes of any survey made by him, be deemed to be a public
servant within the meaning of the Indian Penal Code (45 of 1860).
5. Powers of surveyors.—(1) For the purposes of a survey, the surveyor may, at any reasonable time,
go on board any inland 3
[mechanically propelled vessel], and may inspect the 3
[mechanically propelled
vessel] and every part thereof, including the hull, boilers, engines and other machinery, and all
equipments and articles on board:
Provided that he shall not unnecessarily hinder the loading or unloading of the 3
[mechanically propelled
vessel], or unnecessarily detain or delay her from proceeding on any voyage.
(2) The owner, master and officers of the 3
[mechanically propelled vessel] shall afford to the surveyor
all reasonable facilities for a survey, and all such information respecting the 3
[mechanically propelled
1. Clause (5) omitted by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).
2. Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by s. 6, ibid. (w.e.f. 1-5-1978).
3. Subs. by s. 5, ibid., for “steam-vessels” (w.e.f. 1-5-1978).
4. Ins. by Act 35 of 2007, s. 3 (w.e.f. 21-2-2008).
5. Ins. by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).
6. Subs. by Act 35 of 2007, s. 4, for “and applicable to such voyage or service” (w.e.f. 21-2-2008).
7. Ins. by s. 4, ibid. (w.e.f. 21-2-2008).
8
vessel], and her machinery or any part thereof, and all equipments and articles on board, as he
may require for the purposes of a survey.
6. Fees in respect of surveys.—Before a survey is commenced, the owner or master of
the 1
[mechanically propelled vessel] to be surveyed shall pay to such officer as the State
Government may, by notification in the Official Gazette, appoint in this behalf—
(a) a fee calculated on the tonnage of the 1
[mechanically propelled vessel] according to the rates
mentioned in Schedule I, or according to any other prescribed rates; and
(b) when the survey is to be made in any place of survey other than Calcutta, Madras
2
[or Bombay], such additional fee in respect of the expense (if any) of the journey of the
surveyor to the place as the State Government may by such notification direct.
7. Declaration of surveyor.—When the survey of a 1
[mechanically propelled vessel] is
completed, if the surveyor making it is satisfied that—
(a) the hull, boilers, engines and other machinery of the 1
[mechanically propelled
vessel] arc sufficient for the voyage or service intended and in good condition, and
(b) the equipments of the 1
[mechanically propelled vessel] and the certificates of the
master and engineer are such and in such condition as arc required by any law for th e time
being in force and applicable to the 1
[mechanically propelled vessel],
the surveyor shall forthwith give to the owner or master a declaration in the prescribed form
containing the particulars mentioned in clauses (a) and (b), and the following further particulars,
namely:—
(i) the time (if less than one year) for which the hull, boilers, engines and other
machinery and equipments of the 1
[mechanically propelled vessel] will be sufficient;
(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other
machinery or equipments, the 1
[mechanically propelled vessel] is in the surveyor‟s
judgment not fit to ply;
(iii) the number of passengers (if any) which the 1
[mechanically propelled vessel] is, in
the judgment of the surveyor, fit to carry, specifying, if necessary, the respective numbers
to be carried on the deck and in the cabins, and in different parts of the deck and cabins:
the number to be subject to such conditions and variations, according to the time of year,
the nature of the voyage, the cargo carried or other circumstances, as the case requires;
3
***
4
[(iiia) the nature and quantum of cargo which the mechanically propelled vessel is, in the
judgment of the surveyor, fit to carry; and]
(iv) any other prescribed particulars.
8. Sending of declaration by owner or master to State Government.—(1) The owner or
master of a 1
[mechanically propelled vessel] to whom a declaration is given under section 7 shall,
within fourteen days after the date of the receipt thereof, send the declaration to such officer as
the State Government may, by notification in the Official Gazette, appoint in this behalf.
(2) If any owner or master fails to send a declaration as required by sub-section (1), he shall
forfeit a sum not exceeding five rupees for every day during which the sending of the declaration
is delayed.
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
3. The word “and” omitted by Act 35 of 1977, s. 7 (w.e.f. 1-5-1978).
4. Ins. by s. 7 ibid. (w.e.f. 1-5-1978).
9
9. Power for State Government to grant or authorise the grant of certificates of
survey.—(1) The State Government shall, if satisfied that all the pr ovisions of this Act
have been complied with in respect of a declaration sent under section 8, cause,—
(a) a certificate of survey, in duplicate, to be prepared, and
(b) notice thereof to be given by post or otherwise to the owner or master of the 1
[mechanically
propelled vessel] to which the certificate relates.
(2) On application made by the owner or master to such officer at the place of survey as the
State Government may, by notification in the Official Gazette, appoint in this behalf, and on
payment to such officer by the owner or master of the sum (if any) forfeited by him under
section 8, sub-section (2) (the actual amount of which within the limit thereby fixed shall be
determined by the State Government), the certificate, in duplicate, so prepared shall be granted
to the owner or master by the State Government and issued to him through such officer.
(3) A certificate granted under this section shall be in the prescribed form, shall contain
a statement to the effect that all the provisions of this Act with respect to the survey of the
1
[mechanically propelled vessel] and the declaration of survey have been complied with, and
shall set forth—
(a) the particulars concerning the 1
[mechanically propelled vessel] mentioned in the
declaration of survey as required by clauses (i), (ii) and (iii) of section 7, and
(b) any other prescribed particulars.
(4) The State Government may, by notification in the Official Gazette, delegate to any
person all or any of the functions assigned to the State Government under this section:
Provided that no delegation shall be made under sub-section (2) so as to authorise the grant of a
certificate of survey by the surveyor who made the declaration of survey under section 7.
2
[9A. Temporary permit.—The surveyor who conducted the survey may, without following the
procedure laid down in section 9, grant a permit to be effective for a period which shall not in any case
exceed forty-five days, to authorise the inland mechanically propelled vessel to proceed on voyage or use
it service temporarily pending the issue of the certificate of survey.]
10. Certificate of survey to be affixed in conspicuous part of mechanically propelled
vessel.—The owner or master of every 1
[mechanically propelled vessel], for which a certificate of
survey has been granted, shall forthwith, on the receipt of the certificate, cause one of the
duplicates thereof to be affixed and kept, affixed so long as it remains in force and the
1
[mechanically propelled vessel] is in use, on some conspicuous part of the 1
[mechanically
propelled vessel] where it may be easily read by all persons on board.
3
[10A. Effect of certificates of survey.—A certificate of survey shall have effect throughout the
State in which it was granted:
Provided that such a certificate may be endorsed by the State Government of any other
State, or with the general or special sanction of the State Government of that other State, by
the authority granting it, so as to have effect in that other State or any part thereof, and, if so
endorsed shall have effect accordingly.]
11. Term of certificates of survey.—A certificate of survey shall not be in force 3
[in any
State]—
(a) after the expiration of one year from the date thereof; or
(b) after the expiration of the period (if less than one year) for which the hull, boilers,
engines or other machinery, or any of the equipments of the 1
[mechanically propelled vessel]
to which the certificate relates have been stated in the certificate to be suffi cient; or
(c) after notice has been given 4
[by the State Government of the State in which it was by
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Ins. by Act 35 of 2007, s. 5 (w.e.f. 21-2-2008).
3. Ins. by the A.O. 1937.
4. Subs., ibid., for “by any Local Government”.
10
granted], to the owner or master of such 1
[mechanically propelled vessel], that such State Government
has cancelled or suspended it.
2
[A certificate of survey shall not be in force in any State by virtue of any endorsement in respect of
that State, after notice has been given by the State Government of that State, to the owner or master of a
1
[mechanically propelled vessel], that that Government has cancelled or suspended the endorsement.]
12. Renewal of certificates of survey.—After a certificate of survey has ceased to be in force,
the same shall only be renewed after a fresh survey of the 1
[mechanically propelled vessel] to which
the certificate relates, has been held in accordance with the provisions of this Chapter, save so far as
any relaxation thereof may be prescribed.
13. Power for State Government to suspend or cancel certificate of survey.—3
[A certificate
of survey or any endorsement thereon made under section 10A may be suspended or cancelled by the
Government of the State in which the certificate was granted or in respect of which the endorsement
was made, as the case may be, if that Government has reason to believe]—
(a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers,
engines or other machinery or of any of the equipments of the „[mechanically propelled vessel] has
been fraudulently or erroneously made; or
(b) that the certificate has otherwise been granted upon false or erroneous information; or
(c) that since the making of the declaration the hull, boilers, engines or other machinery, or
any of the equipments of the 1
[mechanically propelled vessel] have sustained any material
injury, or have otherwise become insufficient.
14. Power for State Government to require delivery of expired or cancelled
certificate.—The State Government may require any certificate of survey, which has expired or
has been suspended or cancelled, to be delivered up to such officer as the State Government may,
by notification in the Official Gazette, appoint in this behalf.
2
[Where an endorsement on any certificate of survey for any State has been suspended or
cancelled, the State Government of that State may require the certificate of survey to be
delivered up to such officer as that Government may by notification in the Official Gazette
appoint in this behalf, in order that particulars of the suspension or cancellation of th e
endorsement may be noted on the certificate.]
15. Report of suspension or cancellation of certain certificates.—3
[If a State Government
suspends or cancels endorsement made under section 10A on a certificate of survey, it] shall
report the fact of suspension or cancellation, together with the reasons therefor to the State
Government which (or whose delegate) granted the certificate.
16. Power for State Government to direct survey by two surveyors.—A survey shall
ordinarily be made by one surveyor, but two surveyors may be employed if the State Government, by
order in writing, so directs either generally in the case of all 4
[mechanically propelled vessels] at any
place of survey, or specially in the case of any particular 4
[mechanically propelled vessels] or class of
4
[mechanically propelled vessels] at any such place.
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Ins. by the A.O. 1937.
3. Subs., ibid., for certain words.
4. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978).
11
17. Power for State Government to order a second survey.—(1) If the surveyor making a survey
of 1
[mechanically propelled vessel] refuses to give a declaration under section 7 with regard to the
1
[mechanically propelled vessel], or gives a declaration with which the owner or master of the
1
[mechanically propelled vessel] is dissatisfied the State Government may, on the application of
the owner or master, and the payment by him of such fee, not exceeding twice the amount of the
fee payable for the previous survey, as the State Government may require, direct two other
surveyors to survey the 1
[mechanically propelled vessel].
(2) The surveyors so directed shall forthwith survey the 1
[mechanically propelled vessel], and may,
after the survey, either refuse to give a declaration or give such declaration as, under the circumstances,
seems to them proper.
(3) Any declaration given, or any refusal to give a declaration under sub-section (2), shall be
final.
18. Division of duties when two surveyors employed.—When a survey is made by two
surveyors under either section 16 or section 17, each of the surveyors shall perform the prescribed
portion of the duties assigned to a surveyor under this Act or the rules made thereunder.
19. Power for State Government to make rules as to surveys.—(1) The State Government may
2
*** make rules to regulate the making of surveys.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
prescribe—
(a) the times and places at which, and the manner in which, surveys are to be made;
(b) the duties of the surveyor making a survey and, where two surveyors are employed,
the respective duties of each such surveyor;
(c) the form in which declarations of survey and certificates of survey are to be
framed, and the nature of the particulars to be stated therein under sections 7 and 9;
(d) the rates other than those mentioned in Schedule I according to which the fees
payable in respect of surveys arc to be calculated in the case of all or any of the places of
survey within the territories under its administration; and
(e) the cases in, and the extent to which, a survey may be dispensed with before the grant of a
new certificate.