20. Appointment of examiners.—The State Government may appoint examiners for the
purpose of examining the qualifications of persons desirous of obtaining certificates (hereinafter
called certificates of competency), to the effect that they are competent to act as masters or
serangs, or as engineers or engine-drivers, as the case may be, on board inland 1
[mechanically
propelled vessels].
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978).
2. Ins. by s. 14, ibid. (w.e.f. 1-5-1978).
3. Ins. by s. 15, ibid. (w.e.f. 1-5-1978).
17
21. Grant of masters’, serangs’, engineers’, and engine-drivers’ certificates of
competency.—(1) The State Government or such officer as it may, by notification in the Official
Gazette, appoint in this behalf, shall grant to every person who is reported by the examiners to
possess the prescribed qualifications, a certificate of competency to the effect that he is competent
to act as a first-class master, second-class master or scrang, or as an engineer, first-class enginedriver or second-class engine-driver, as the case may be, on board an inland 1
[mechanically
propelled vessel]:
Provided nevertheless that, before granting a certificate of competency under this Act, the
authority empowered to grant such certificate may, if it considers the report of the examiners
regarding any applicant for such certificate to be defective, or has reason to believe tha t such
report has been unduly made, require a further examination or a re -examination of the
applicant.
(2) Every certificate granted under this section shall be in the prescribed form.
22. Grant of masters’, serangs’, engineers’ and engine-drivers’ certificates of
service.—(1) The State Government may, 2
[if it thinks fit], grant without examination to any
person who has served as a master, or as an engineer, of 3
[a vessel of the Coast Guard, Indian
Navy or regular Army for a period as may be prescribed by the State Government in this
behalf], a certificate (hereinafter called a certificate of service) to the effect that he is, by
reason of his having so served, competent to act as a first-class master, second-class master or
serang, or as an engineer, first-class engine-driver or second-class engine-driver, as the case
may be, on board an inland 1
[mechanically propelled vessel].
4
[Explanation—For the purposes of this section,
(a) the expression “Coast Guard” shall have the meaning assigned to it in clause (d) of
section 2 of the Coast Guard Act, 1978 (30 of 1978);
(b) the expression “Indian Navy” shall have the meaning assigned to it in clause (10) of
section 3 of the Navy Act, 1957 (62 of 1957);
(c) the expression “regular Army” shall have the meaning assigned to it in clause (xxi)
of section 3 of the Army Act, 1950 (46 of 1950);]
(2) A certificate of service so granted shall have the same effect as a certificate of
competency granted under this Act after examination.
5
[22A. Licences.—(1) The State Government may also, 2
[if it thinks fit], grant—
(a) to a person who is in possession of a second-class master‟s certificate granted under
section 21 or section 22, and has, by virtue of such certificate, acted as master of an inland
4
[mechanically propelled vessel] having engines of forty or more nominal horse-power for a
period of not less than five years, or
(b) to a person who is in possession of a first-class engine-driver‟s certificate granted
under section 21 or section 22, or an engine-driver‟s 6
[certificate granted or deemed to be
granted under the Merchant Shipping Act, 1958 (44 of 1958)] and has, by virtue of such
certificate, served as an engine-driver of an inland 1
[mechanically propelled vessel] having
engines of not less than seventy nominal horse-power for five years, for not less than two and
a half years of which period he has been the engine-driver of such vessel within the meaning
of section 26,
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 “in its discretion”.
3. Subs. by Act 35 of 2007, s. 7, for “an inland mechanically propelled vessel for a period of three years before the first day of
November, 1956” (w.e.f. 21-2-2008).
4. Ins. by s. 7, ibid. (w.e.f. 21-2-2008).
5. Ins. by Act 6 of 1920, s. 2.
6. Subs. by Act 35 of 1977, s. 17, for “certificate granted under the Indian Merchant Shipping Act, 1859 (1 of 1859), or granted
under, or continued in force by, the Merchant Shipping Act, 1894” (w.e.f. 1-5-1978).
18
a licence authorising such person to act as master or engineer, as the case may be, of any
inland 1
[mechanically propelled vessel] having engines of one hundred and seventy nominal
horsepower or of such less nominal horse-power 2
[as such Government] may deem fit.
(2) Any such licence shall. remain in force only for such time as the person holding the
same is in possession of and entitled to a master‟s or an engine-driver‟s certificate, as the case
may be, of the nature referred to in sub-section (1):
Provided that the State Government may, 3
[if it thinks fit], suspend, cancel or vary the conditions of
any such licence.]
23. Certificates to be made in duplicate.—Every certificate of competency or service 4
[and
4
[and every licence] granted under this Act shall be made in duplicate, and one copy shall be
delivered to the person entitled to the certificate, 4
[or licence] and the other shall be kept and
recorded in the prescribed manner.
24. Copy of certificate or licence to he granted in certain cases.—Whenever a master or
serang, or an engineer or engine-driver, proves, to the satisfaction of the authority which
granted his certificate, 5
[or licence] that he has, without fault on his part, lost or been deprived
of it, a copy of the certificate 5
[or licence] to which, according to the record kept under section
23, he appears to be entitled shall be granted to him, and shall have the same effect as the
original.
25. Certificates to be held by master and engineer of vessel of one hundred or more horsepower.—An inland 1
[mechanically propelled vessel] having engines of 6
[one hundred] or more nominal
nominal horse-power shall not proceed on any voyage unless she has—
(a) as her master a person possessing a first-class master‟s certificate granted under this
Act, or a master‟s 7
[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958
(44 of 1958)] 8
[or a master‟s licence granted under section 22A and applicable to such vessel and
voyage], and
(b) as her engineer a person possessing an engineer‟s certificate granted under this Act, or
granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] 9
[or an
an engine-driver‟s licence granted under section 22A and applicable to such vessel and
voyage].
26. Certificates to be held by master and engineer of vessel of between forty and one
hundred horse-power.—An inland 1
[mechanically propelled vessel] having engines of 10[forty]
or more nominal horse-power, but of less than 6
[one hundred] nominal horse-power, shall not
proceed on any voyage unless she has—
(a) as her master a person possessing a second-class master‟s certificate granted under this Act,
or any certificate referred to in clause (a) of section 25, and
(b) as her engineer a person possessing a first-class engine-driver‟s certificate granted under
this Act, or an engine-driver‟s 7
[certificate granted or deemed to be granted under the Merchant
Shipping Act, 1958 (44 of 1958)] or any certificate referred to in clause (b) of section 25:
Provided that a 1
[mechanically propelled vessel] shall be deemed to have complied with this
section if she has as her master and engineer a person possessing both a certificate referred to in
clause (a), and a certificate referred to in clause (b), of this section.
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Subs. by Act 11 of 1923, s. 2 and First Schedule, for “as to such Government”.
3. Subs. by the A. 0. 1937, for “in its discretion”.
4. Ins. by Act 6 of 1920. s. 2.
5. Ins. by s. 4, ibid.
6. Subs. by s. 4, ibid., for “eighty”.
7. Subs. by Act 35 of 1977, s. 19, for certain words (w.e.f. 1-5-1978).
8. Ins. by Act 6 of 1920, s. 5.
9. Added by s. 5, ibid.
10. Subs. by Act 6 of 1920, s. 7, for “thirty”.
19
27. Certificates to be held by master and engineer of vessel of less than forty horsepower.—An inland 1
[mechanically propelled vessel] having engines of less than 2
[forty] nominal
horse-power shall not proceed on any voyage unless she has—
(a) as her master a person possessing a scrang‟s certificate granted under this Act, or any
certificate referred to in clause (a) of section 26, and
(b) as her engineer a person possessing a second-class engine-driver‟s certificate
granted under this Act, or any certificate referred to in clause (b) of section 26:
Provided that a 1
[mechanically propelled vessel] shall be deemed to have complied with this section
if she has as her master and engineer a person possessing both a certificate referred to in clause (a), and a
certificate referred to in clause (b), of this section.
28. Power for State Government to require Master or engineer to hold certificate granted
under Act in addition to other certificate.—Notwithstanding anything in this Chapter, the State
Government may, by general or special order, direct that a person possessing—
(a) a master‟s 3
[certificate granted or deemed to be granted under the Merchant Shipping Act,
1958 (44 of 1958)], or
(b) an engineer‟s or engine-driver‟s 3
[certificate granted or deemed to be granted under
the Merchant Shipping Act, 1958 (44 of 1958), shall not act as master or engineer, as the case
may be, of an inland 1
[mechanically propelled vessel] unless he also possesses—
(i) in case (a), such a master‟s or serang‟s certificate granted under this Act as
qualified him under this Chapter to act as master of the 1
[mechanically propelled
vessel], or
(ii) in case (b), such an engineer‟s or engine-driver‟s certificate granted under this Act
as qualifies him under this Chapter to act as engineer of the 1
[mechanically propelled
vessel]:
Provided that, for the purposes of this section, the State Government may 4
[if it thinks
fit], grant to any person, without examination, a master‟s or scrang‟s or an engineer‟s or
engine-driver‟s certificate of competency under this Act, and such certificate shall have the
same effect as a certificate of competency granted under this Act after examination.
29. Power for State Government to make rules as to grant of certificates of
competency.—(1) The State Government may make rules to regulate the granting of
certificates of competency under this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
prescribe—
(a) the times and places of holding and the mode of conducting examination of persons desirous
of obtaining certificates of competency;
(b) the qualifications to be required of persons desirous of obtaining such certificates;
(c) the examination fees to be paid by such persons; and
(d) the forms in which such certificates are to be framed, and the authority by whom,
and the manner in which, copies are to, be kept and recorded under section 23.
30. Power for State Government to make rules as to grant of certificates of
service.—The State Government may also make rules to regulate the granting of certificates
of service under section 22, and may by such rules prescribe in particular—
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Subs. by Act 6 of 1920, s. 7, for “thirty”.
3. Subs. by Act 35 of 1977, s. 20, for certain words (w.e.f. 1 -5-1978).
4. Subs. by the A.O. 1937, for “in its discretion”
.
20
1
[(a) the period of service in the Coast Guard, Indian Navy or regular Army which is required for
a person to be granted a certificate without examination under section 22,]
2
[(aa)] the fees to be paid for such certificates, and
(b) the forms in which such certificates are to be framed, and the authority by whom,
and the manner in which, copies are to be kept and recorded under section 23.
3
[30A. Power for State Government to make rules as to grant’ of licences.—The State
Government may also make rules to regulate the granting of licences under section 22A, and may by
such rules prescribe in particular—
(a) the fees (if any) to be paid for such licences, and
(b) the forms in which such licences are to be framed and the authority by whom and the manner
in which copies are to be kept and recorded under section 23.]
4
[31. Effect of certificates of competency or service and licences.— A certificate of competency
or service and licence granted under this Chapter shall have effect throughout India.]