The Orissa Inland Steam Vessels Registration Rules, 1952

or425

Short title and application.- (a) These rules may be called the Orissa Inland Steam Vessels Registration Rules, 1952.

(b) They shall, as expressly provided otherwise, apply to all inland steam vessels in the State of Orissa.

Definitions.- In these rules, unless there is anything repugnant in the subject or context-

(a) "Act" means the Inland Steam Vessels Act, 1917;

(b) "Registering authority" means the officer appointed as such under Sub-section (1) of Section 19-B of the Act;

Application for registration.- (1) Every application for registration of an inland steam or motor vessel shall be made by the owner or master of the vessel to the registering authority, Orissa in Form I at least fifteen days before the date on which the registration certificate is required.

(2) The application shall be accompanied by a treasury chalan showing the deposit of the registration fee at the rates prescribed in Column 2 of the table of fees set out in the Schedule I to these rules as well as a certified copy of the certificate of survey in respect of the vessel which is to be registered In case registration is required to be made at a place other than the one in which the owner resides or carried on business or, if the owner is a company, at place other than the one in which the principal office of the company is situate ; the application shall also be accompanied by a copy of the letter conveying the approval of such registration from the Government in which the owner resides or carries on business or, the company has its principal office.

Inspection and enquiry by the registering authority.- On receipt of the application for registration, the authority shall, at least three days before the date fixed for inspection, send a notice in Form II to the applicant informing him of the date and time at which the inspection for registration shall be made. It shall be the duty of the master or owner of the vessel to furnish all such information as may be required by the registering authority and to afford all reasonable facilities to the registering authority in carrying out the inspection of the vessel in such manner as it seems necessary for the purpose of satisfying itself that the provisions of the Act and the rules framed thereunder have been complied with.
Certificate of registration.- The registering authority shall, after satisfying itself that the provisions of the Act and the rules made thereunder have been complied with, grant a certificate of registrations in Form III and assign a registration mark for the vessel. It shall be the duty of the owner and master of the vessel to keep the certificate of registration on board the steam vessel and to produce it on demand by the Registering Authority or by any such authority as may be notified by Government in the Gazette.
Registration mark.- The registration mark assigned to the vessels shall be displayed on the port and star board side of the vessel at midship at a prominent place. The letters and figures of the registration mark shall be 6" x 7" and the registration mark shall be put below the name of the vessel.
Book of registration.- A book of registration shall be maintained by the registering authority in a bound volume in Form IV separately for each vessel registered, and shall contain all the particulars given in the certificate of registration.
Registration of alterations.- (1) When a registered inland steam vessel is so altered as not to correspond with the particulars relating to its tonnage and description as shown in the book of registration, the alterations shall be got recorded by the registering authority or the vessel shall be re-registered if it so directs. In exercising the discretion as to whether the alteration shall be made in the certificate of registration or whether the vessel shall be registered now, the registering authority shall be guided by the following principles :

(a) It shall require registry anew (i) whenever any material alteration is made in the hull affecting the length, breadth or the depth of the vessel; and (ii) whenever there is an alteration in the means of propulsion, for instance, a change from steam to motor or vice versa or the addition or removal of an auxiliary engine;

(b) It will not be required to register anew, if the alteration consist merely of (i) a change in the dimensions of the engine rooms or other closed-in spaces, (ii) the addition or removal of a poop or deck houses, etc., (iii) an allowance or disallowance of crew space or other similar change; or (iv) an alteration from motor screw or steam screw or the reverse.

(2) Within one month of any such alteration, the owner or his agent shall report in Form V to the registering authority of the place where the vessel is registered giving full particulars regarding alteration made together with the prescribed fee and the certificate in force for the vessel at the time of report and other supporting documents for recording the alterations made or for registering anew, as the case may be.

(3) On receipt of the report of alterations, the registering authority shall, after satisfying itself that the vessel is not defective in hull, machinery or equipment and is river worthy, either issue a fresh certificate of registration or shall make such alterations in the certificate of registration in force as he may consider necessary. In case the registering authority feels that the vessel shall be surveyed again before a fresh certificate of registration is issued, it shall issue a provisional certificate to the applicant and direct him to arrange for registration anew within one month.

(4) It shall not be lawful for any owner, agent or master of a vessel to give any name to such vessel other than that by which it is registered.

Transfer of registry.- The owner or master of an inland steam vessel may, if considered necessary, apply for transferring the registration of his vessel to another place in the same or another State in Form VI. The application for such transfer shall be made to the registering authority of the place where the vessel is registered together with a treasury chalan for the prescribed fee and the certificate of registration in respect of the vessel. If the transfer is to be made to another place in another State, the application for transfer shall also be accompanied by an authentic copy of the letter indicating the approval of the State or Central Government to such transfer. The registering authority shall, on receipt of such an application, satisfy itself that the transfer is unobjectionable and thereafter forward it to the registering authority of the intended place of registry and the latter shall return the certificate of registration to the applicant after making necessary entries in his book of registration as well as on the certificate.
Transfer of ownership of a registered vessel.- The owner of an inland vessel or his agent shall obtain the sanction of the State Government or the Central Government, as may be required, prior to any transfer of ownership of his vessel to a person resident in the same or another State. The application for permission to such transfer of ownership shall be submitted through the registering authority of the place where the vessel is registered to the Government concerned and shall be accompanied by the prescribed fee. After obtaining the sanction of Government in whose territory the vessel had been registered, the ownership may be transferred. Within thirty days of the transfer of ownership of the vessel, the transferor and transferee shall jointly report the transfer to the registering authority of the place where the transferee resides for carrying on business in Form VII. This report shall also be accompanied by the original certificate of registration and the treasury chalan for the fee prescribed for re-registration of the vessel in the transferee's name. If the registering authority is satisfied that the documents are in order, and that the vessel is not mechanically defective and is river worthy, it shall re-register the vessel in the name of the transferee.
Cancellation of registration.- (1) If an inland steam vessel has been destroyed or has been rendered permanently unfit for service, the owner of the vessel shall, within one month, report the fact to the registering authority in Form VIII, and shall also forward to that authority the certificate of registration of the vessel. The registering authority shall then have the certificate of registration cancelled.

(2) A registering authority may at any time require that any inland steam vessel within the local limits of its jurisdiction shall be inspected by an authorised Surveyor of inland steam vessels and, if as a result of such inspection, it is satisfied that the vessel is not fit to ply in any inland water, it may, after giving the owner of the that vessel an opportunity of being heard, cancel the registration of the vessel and require the owner thereof to surrender forthwith to it the certificate of registration, if the same has rot already been surrendered.

Loss, destruction or mutilation of certificate of registration.- (1) If at any time a certificate of registration is lost, destroyed or mutilated, the owner shall forthwith intimate the facts in writing to the registering authority by whom the certificate was issued and shall apply in Form IX to the said authority for the issue of a duplicate certificate. The application for the duplicate certificate shall be accompanied by the treasury chalan for the prescribed fee and the mutilated certificate, if the duplicate is required in place of a mutilated one.

(2) On receipt of such an application, the registering authority shall issue a duplicate certificate with the word "Duplicate" clearly stamped in red ink on it.

(3) When a duplicate certificate of registration has been issued because the original has been lost or destroyed, and the original is subsequently found by the holder, the original shall be delivered forthwith to the registering authority.

Appellate authority.- (1) The authority to decide an appeal against the orders of the registering authority shall be the State Government. Any person preferring an appeal against the orders of the registering authority in respect of any matter relating to the registry of vessels shall, within thirty days of the receipt of the order, excluding the time required to obtain a copy of the order, do so in writing to the Secretary to the State Government in the Commerce Department in form of a memorandum in triplicate, setting forth concisely the grounds of objection to the order of the registering authority accompanied by a certified copy of the order and a treasury chalan for the prescribed fees.

(2) Upon receipt of an appeal in accordance with Sub-rule (1) above, the State Government shall appoint the time and place for hearing the appeal and shall give not less than fifteen days' notice to the appellant, the registering authority and any other person interested in the appeal.

(3) On the date appointed for hearing an appeal under Sub-rule (2) or any subsequent date to which the appeal may be adjourned, the Government shall hear such person, and may appear after and such further enquiry, if any, as it may deem necessary, confirm, vary, or set aside the order against which the appeal is preferred and make any consequential or incidental order that may be just or proper. The decision of the State Government in the matter shall be final.

Fees.- All fees to be paid under these rules called "Prescribed Fees" in these rule are shown in Schedule I and shall be credited to the receipt head "XXXVI-Miscellaneous Departments-b-Miscellaneous-Fees for inspection of Steam boilers".
General.- (1) Notwithstanding anything contained in the Act or the rules, the registering authority or any officer authorised by the Government in that behalf may go on board, detain, or inspect any steam vessel at any hour for the purpose of satisfying himself that provisions of the Act are being complied with. It shall be the duty and responsibility of the owner and/ or master of the steam vessel to give all reasonable assistance to the Inspecting Officer in carrying out the inspection and to comply with any lawful direction that he may give.

(2) In case any vessel is detained, a report of the circumstances in which the detention is ordered shall be sent to the Government with the least possible delay.

Form No. I

[See Rule 3 (a)]

Application for the registration of Steam/Motor Vessel under Section 19-D of the Inland Steam Vessels Act, 1917

The Registering Authority, Orissa

I...........of..........being the owner of an Inland Steam/Motor Vessel hereby request that the said vessel be registered at the-Port of.........

I agree to pay such fees as may be leviable under the rules. Particulars in respect of the said vessel are as under :

Owner's name and address in full................
Occupation............
Name of master and his Certificate No..............
Name of the Registry and No. if previously registered..........
Whence, when and how the vessel was secured...................
Kind of vassal, viz., "steam, motor, name and address of engine makers with horse power, speed and the year of make.................
Name and address of builders with place and year of build...........

Signature of Owner

Place................................................ Date..........

Declaration of ownership

I.........subject of the State of.........residing permanently at/having principal place of business at.........do hereby declare that................(name) was built at............in the year..........and was purchased by me on.........for Rs.............. and wish to have the same registered in my name at the Port of...........and that I am the sole owner of the same. I further declare that the vessel is intended to ply in the Port of...........

Signature of Owner

Made and subscribed the..............day of..........20 by above-named...........in the presence of............

Signature of Magistrate

J.P./R.A.

Note. - The declaration must be made before a Registering Authority, a Magistrate or a Justice of Peace.

Form No. II

[See Rule 4]

Appointment of date and time of inspection of the steam vessel by the Registering Authority

From

The Registering Authority of Inland Steam Vessel at..................

The Owner/Master of the Inland Steams/Motor Vessel

The............20..........

Sir,

I have to acknowledge receipt of your application for registration of the vessel named above under the Inland Steam Vessel (Amendment) Act, 1951 and to state that I shall proceed on board the vessel at...............o'clock...of the.................day of 20..........

You are requested to afford to the Registering Authority all reasonable facilities for the registration of the steam/motor vessel and all such information respecting the Steam Vessel and her machinery or any part thereof and all equipment and articles of board as he may require for the purpose of the registration.

Yours faithfully,

Registering Authority, Inland Steam Vessel

Form No. III

[See Rule 5]

Certificate of registration of Steam/Motor Vessel under Section 19-F of the Inland Steam Vessels Act, 1917

Official No..........

No., Year and Port of Registry.........................

This is certify that..........of..........has declared that..........subject of the State of.........and the sole owner of...........called..........and that the said...........was built at..........by..........of...........in the year...........The said...........had been duly registered at the Port of under the Inland Steam Vessels (Amendment) Act, 1951. Certified under my hand this the.............day of.........20.........

Description of Engines..........

Name and address of Makers.............

When made...........

No. of sets of Engines...........No. of shafts..........N.H.P............B.H.P..........I.H.P ............Estimated speed of ship.............

"Reciprocating engines", "No. and diameter of cylinders in each set" Length of Stroke.

Rotary Engines. No. of cylinders in each set...........

Description of Boilers..........

Name and address of Makers.............

When made...........

Number Iron or Steel Loaded pressure.............................

Particulars of Vessels of Tonnage

Feet Tenths

Extreme length	...	...	No. of Decks
Length	...	...	No. of Bulkheads
Breadth	...	...	Build and material
Depth	...	...	Stern
Gross Tons	...	...
Registered Tons	...	...	Description

Registering Authority By Port of.......

Foot Note - This Certificate of Registration has to be produced for inspection on demand by any authority authorised by the State Government.

This Certificate must be surrendered to the Registering Authority if so required by him.
While the Certificate is in force, the vessel's name and registration mark as painted or otherwise marked in position approved by the Government of Orissa must not be removed or defaced.
In case of accident occasioning loss of life, or any material damage affecting the seaworthiness or efficiency of the vessel, either in the hull or in any part of machinery, a report by letter, signed by the owner or master is to be forwarded to the Registering Authority, Orissa within 24 hours after the happening of the accident, or as soon thereafter as possible.

Form No. IV

[See Rule 7]

Registration Book

[Under Section 19-C of the Inland Steam Vessels Act, 1917]

Name of the owner..........

Address of the owner...........

Name of the vessel.........

Registration mark..........

Description of Steam Vessel

(a) Gross Tonnage............

(b) Registered Tonnage.............

Particulars of Vessels-

(a) Length overall

(b) Breadth

(d) Make

(e) Year of make

(f) Hull is of wood, steel, etc.

Engine-

(a) Steam or internal combustion engines

(b) Description

(d) Made by

(e) Year of make

(f) Surface, jet or non-condensing

(g) No. of cylinder per set

(h) Diameter of cylinder

(i) Stroke

(j) R. P. M.

(k) N. H. P.

(l) B. H. P.

Boilers-

(a) Type

(b) Number of boiler

(d) Grate area

(e) Working pressure per square inch

(f) Made by

(g) Year of make

(h) Made of iron and steel, etc.

Propulsion-

Single twin screw, side, quarter of stern paddle, etc.

Revolution per minute

Propeller geared or direct driven

Speed of vessel

Equipments-

(a) Boats Number, Size, Length, Breadth, Depth, Capacity in cubicfoot

(b) Life Buoys, number and description

(d) Ground Tackle Warps,.etc.

Bow anchor number	...........Kg./lbs.
Kedge anchor number	...........Kg./lbs.
Span anchor number	...........Kg./lbs.

(e) Length, description and size of each cable

(f) Warps and Howsers-number, description, size, length of each...

(g) Number of leads Weight each

(h) Number of line Length each

(i) * * *

(j) Fire apparatus-

(i) Pumps and House Number........Type........Size........Where located...

(ii) Hose number........

(iii) Buckets number............

length of each...........

(iv) Chemical extinguisher's number..........

Type........

Capacity..........

Where located

(k) Pump Bilge Fire..........................

Hand

Main engine

Independent engine

Electrical number Type of Generator..................
Engine room crew...........
Deck crew.........
Passengers..........

Main deck area for deck (only) Passenger

Upper deck area for deck (only) Passenger

Budge deck area for deck (only) Passenger

	When plying by night on smooth and partially smooth water only	When plying by day on smooth and partially smooth water only	When plying by day on voyage which do not exceed six hours on smooth water only	2nd class passenger Salon passenger
	(A)	(B)	(C)
1.	On a twin deck, if any
2.	Main deck
3.	Upper deck
4.	Budge deck

Two children under 12 years of age will be reckoned as one passenger.

Encumbrance-If space measured for passenger is encumbered by cattle, cargo or other article, then one passenger is to be deducted from the foregoing table for each.

9 sq. ft. of passenger area encumber when plying as A above

6 sq. ft. of passenger area encumber when plying as B above

3 sq. ft. of passenger area encumber when plying as C above

Towing by the vessel while plying with passenger is prohibited/ permitted as follows only :.............
Plying limits

Form No. V

Application for registration of alteration/issue of a fresh certificate of registration under Sub-section (2) of Section 19-J of the Inland Steam Vessels Act, 1917

The Registering Authority

Dated........20...............

Sir,

I...............of........being the owner of Inland Steam Vessel............(name) bearing No...........hereby beg to report that the following alterations have been carried out on the vessel on.......20... I, therefore, apply for registering the alterations/for the issue of a fresh registration certificate. I enclose herewith a duplicate copy of treasury chalan showing the deposit of the necessary fees. I also enclose herewith the original certificate of the registration.

Signature of the owner of the Vessel

Form No. VI

Application for transfer of registry

The Registering Authority,

.......................Orissa

I..............of.............by the owner of an inland vessel (name).........No.........hereby request that the registry of the said vessel may kindly be transferred from your register in the register of the Registering Authority of..........in the State of.........The Certificate of Registration is enclosed herewith/The Certificate of registration will be forwarded to the Registering Authority of........on demand. Treasury chalan for Rs...........is also enclosed.

Place........

Date........

Signature of Owner

Form No. VII

Application for transfer of ownership

The Registering Authority,

...............Orissa

I...............forward herewith the certificate of registration of Inland Steam Vessel (Name.................) No.......the ownership of which has been transferred to me by............and hereby request that the said Inland Steam Vessel may be registered in my name and the certificate of registration amended accordingly. The order of the Government of...........sanctioning the transfer is also enclosed.

Date...........

Signature of Transferee

I,..............hereby certify that I have transferred the ownership of the above-mentioned vessel to....................

Signature of Transferor

Form No. VIII

Application for cancellation of registration certificates

The Registering Authority,

...............Orissa

I................of...........being the owner of an Inland Steam Vessel (Name)..............No........hereby request that the registry of the said vessel may kindly be cancelled as it was destroyed on........../it has been rendered permanently unfit for service.

Place.......

Date......

Signature of Owner

Form No. IX

Intimation of loss, destruction or mutilation of the Certificate of Registration and application for duplicate

The Registering Authority,

..............................Orissa

The certificate of registration of may Inland Steam Vessel (Name)..............the registration mark of which is.........has been lost/destroyed/mutilated * in the following circumstances :

The mutilated certificate is attached hereto.

I hereby declare that to my knowledge the registration of the vessel has not been either suspended or cancelled under any of the provisions of the Act or rules made thereunder and herewith deposit the fee of Rs..................and apply for the issue of a duplicate of registration.

Date...........

Signature of applicant

Address............

* Strike out whichever is inapplicable.

Schedule I

Table of fees

[Showing fees payable under Chapter II-A of the Inland Steam Vessels Act, 1917]

(a)	On initial registration, the scale of fees payable will be as follows:
		Rs.	a.	p.
	Vessels up to and including 50 tons gross	20	0	0
	Vessels from 51 to 100 tons gross	30	0	0
	Vessels from 101 to 200 tons gross	40	0	0
	With Rs. 10 for every additional 100 tons or fraction thereof.
(b)	For registering any vessels which has been registered under the Merchant Shipping Act, 1894 as amended by any subsequent enactment-Rs. 10.
(c)	Registration anew as directed by the registering authority	Half the rates indicated against (a) above
(d)	Registration of alterations to a vessel	5	0	0
(e)	Issue of duplicate certificate	5	0	0
(f)	Registration as a result of transfer of ownership within the same or different State	Half the rates indicated against (a) above
(g)	Appeal against the decision of registering authority	50	0	0