for example: TATA AIG

  for example: Indian Contract Act

  for example: Ratan Tata

  for example: Negotiable Instruments Act

Section 8   [ View Judgements ]

Surveys


(1) Ships carrying noxious liquid substances in bulk shall be subject to the surveys specified below, namely:-



(a) an initial survey shall be conducted before the ship is put in service or before the Certificate required under rule 9 is issued for the first time and such survey shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material so as to ensure that they fully comply with the requirements of these rules;



(b) a renewal survey shall be conducted at an interval not exceeding five years except where the provisions of sub-rules (2), (5), (6) or (7) of rule 10 are applicable and the renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials fully comply with the requirements of these rules.



(c) an intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Certificate which shall take the place of one of the annual surveys specified in clause (d) and the intermediate survey shall be such as to ensure that the equipment and the associated pump and piping systems fully comply with the requirements of these rules and are in good working order:



Provided that such intermediate survey shall be endorsed on the Certificate issued under rule 9.



(d) an annual survey shall be conducted within three months before or after each anniversary date of the Certificate, including a general inspection of the structure, equipment, fittings, arrangements and materials referred to in clause (a) to ensure that they have been maintained in accordance with the provisions of sub- rule (6) and that they remain satisfactory for this service for which the ship is intended:



Provided that such annual surveys shall be endorsed on the Certificate issued under rule 9.



(e) an additional survey, either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in sub-rule (8) or whenever important repairs or renewals are made and such survey shall be such as to ensure that necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of these rules.



(2) Surveys of ships for the purposes of enforcement of the provisions of these rules shall be carried out by a surveyor appointed under section 9 or, as the case may be, a person authorised for that purpose under sub-section (1) of section 356G of the Act, by the Central Government, in accordance with the provisions of the said section 356G and the Central Government shall empower such surveyor or authorised person to -



(a) require repairs to a ship;



(b) carry out surveys if requested by the appropriate authorities of a port State:



(3) The Central Government shall inform the Organisation of the specific responsibilities and conditions of the authority delegated to such surveyor or authorised person for circulation to the State Parties for the information of their officers.



(4) When the surveyor or the authorised person determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that, the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or authorised person shall immediately ensure that corrective action is taken and shall also, in due course, notify the Central Government:



Provided that if such corrective action is not taken, the Certificate shall be withdrawn and the Central Government shall be notified immediately:



Provided further that if the ship is in a port of another State Party, the appropriate authorities of that Port State shall also be notified immediately:



Provided also that when any officer of the Central Government or surveyor or the authorised person has notified the appropriate authorities of the port State, the Government of that port State shall give such officer, surveyor or authorised person necessary assistance to carry out their obligations under these rules and shall take such steps as to ensure that such ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available, without presenting any unreasonable threat of harm to the marine environment.



(5) In every case, the Central Government shall fully guarantee the completeness and efficiency of each such survey and shall take necessary steps to satisfy such obligation.



(6) The condition of the ship and its equipment shall be maintained to conform to the provisions of the Convention to ensure that the ship shall remain, in all respects, fit to proceed to sea without presenting any unreasonable threat of harm to the marine environment.



(7) After any survey of the ship under sub-rule (1) has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by such survey, without the sanction of the Central Government except the direct replacement of such equipment and fittings.



(8) Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment as covered by these rules, the master or owner of the ship shall report at the earliest opportunity to the Central Government responsible for issuing the Certificate, who shall cause investigations to be initiated by the surveyor or the authorised person to determine whether a survey as required by sub-rule (1) is necessary:



Provided that if the ship is in the port of another State Party, the master or owner shall also report immediately to the appropriate authorities of that Port State and the surveyor or the authorised person shall also ascertain that such report has been made.

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