The Indian Merchant Shipping (Carriage Of Dangerous Goods) Rules, 1954

Published vide Notification Gazette of India, 1954, Part 2, Section 3, page 1581. Deemed to be in force by virtue of section 331 read with section 461(3) of the Merchant Shipping Act, 1958 (44 of 1958).

1901

S.R.O. 1966, dated 16th June, 1954. - In exercise of the powers conferred by Section 225 of the Indian Merchant Shipping Act, 1923 (21 of 1923), the Central Government hereby makes the following rules, namely :-

Preliminary

Short title.- These rules may be called the Indian Merchant Shipping (Carriage of Dangerous Goods) Rules, 1954.
Definitions.- In these rules, unless the context otherwise requires,--

(a) "Act" means the Indian Merchant Act, 1923 (21 of 1923).

(b) "dangerous goods" means any of the goods specified in items (i) to (viii) (both inclusive) of sub-rule (1) of rule 4 and includes any other goods of a dangerous character to which the provisions of these rules may, from time to time, be applied by an order of the Central Government in this behalf, but do not include-

(i) goods forming part of the equipment or stores of the ship in which they are carried;

(ii) goods which neither the owner of the ship nor any of his servants or agents know, or could with reasonable diligence have known, or had reasonable grounds for suspecting, that the goods were dangerous goods;

(d) "steamer" includes a ship propelled by electricity or other mechanical power.

Application of the rules.- (1) Rules 4 to 10 (both inclusive) shall apply to-

(a) all Indian ships; and

(b) other ships while they are loading cargo within any port in the territory of India or within the territorial waters of India.

(2) Rule 11 shall apply to all ships to which rules 4 to 10 (both inclusive) do not apply while such ships are within any port in the territory of India.

(3) Rule 12 shall apply to all ships referred to in sub-rules (1) and (2).

Description and Classification of Dangerous Goods.- (1) No dangerous goods shall be taken on board any ship to which these rules apply for carriage in that ship, unless the shipper of the goods has furnished the owner or master of the ship with a statement in writing as regards the identity of the goods and the nature of the danger to which the said goods give rise, indicating at the same time to which of the following categories the said goods belong, namely :-

(i) explosives;

(ii) compressed, liquefied and dissolved gases;

(iii) corrosives;

(iv) poisons;

(v) substances giving off inflammable vapours;

(vi) substance which become dangerous by interaction with water or air;

(vii) strong oxidising agents;

(viii) substances which are liable to spontaneous combustion;

(ix) laboratory chemicals and medicinal preparations in limited quantities;

(x) other dangerous goods.

Explanation. - For the purposes of these rules, a laboratory chemical or medicinal preparation shall be treated as being in a limited quantity if and only if the quantity of that chemical or preparation is limited to an extent authorised or approved by the Central Government or by any authority appointed by the Central Government for the purposes of administering these rules.

(2) The master of the ship shall cause a list to be prepared and carried in the ship setting forth, in accordance with the information, furnished under the fore-going provisions of this rule, the dangerous goods carried in the ship on the voyage in which she is currently engaged.

Marking.- No dangerous goods, being goods contained in a vehicle, receptacle or package, shall be taken on board a ship to which this rule applies for carriage in that ship unless the vehicle, receptacle or package in which the goods are contained is clearly marked with a distinctive label or stencil purporting to indicate the nature of the danger to which the goods give rise, and if the goods are taken on board the ship at any port in India or within the territorial waters of India, a label or stencil purporting to indicate the identity of the goods.

Note. - Where goods are taken on board a ship together with the vehicle in which they are contained, or where goods are taken on board a ship together with the receptacle in which they are contained, being a receptacle which is an additional body for a vehicle and is constructed or adapted for the purpose of being taken on or off the vehicle with goods contained therein, nothing in the fore-going provisions of this rule shall be taken to require any such receptacle or any package in which the goods in the vehicle may be contained, or, as the case may be, any package in which the goods in the receptacle may be contained, to be also marked.

Packing and Carriage in Bulk.- (1) No dangerous goods, being goods which are not loaded in bulk, shall be taken on board any ship if from the statement under rule 4 or markings under rule 5 to which this rule applies for carriage in that ship if the owner of the ship or any of his servants or agents knows or could with reasonable diligence have known that having regard to their nature the goods are not packed in a manner adequate to withstand the ordinary risks of handling and transport by sea:

Provided that in any proceedings against an owner or master in respect of a failure to comply with the provisions of this rule, it shall be a good defence to prove that before the goods were taken on board the ship---

(a) the owner or master was furnished with a statement in writing by the shipper to the effect that the goods were packed in accordance with the requirements of his rule, and

(b) neither the owner nor any of his servants or agents had any knowledge that the goods were not so packed.

(2) No dangerous goods shall be loaded in bulk into any ship to which this rule applies for carriage in that ship if from the statement under rule 4 or marking under rule 5 the owner of the ship or any of his servants or agents knows or could have with reasonable diligence known or had reasonable grounds for suspecting that the goods cannot safely be carried in bulk to the destination to which they are consigned.

Stowage.- Dangerous goods stated as dangerous goods under rule 4 or marked dangerous under rule 5 and any vehicle, receptacle or package containing dangerous goods, taken on board any ship to which this rule applies for carriage in that ship shall be stowed in the ship, and shall be kept as stowed, in a manner which is a safe and proper manner of stowage for the goods, or, as the case may be, for the vehicle, receptacle or package having regard to the identity and dangerous nature indicated by the markings referred to in rule 5.
Carriage of Dangerous Goods in Passenger Steamers.- (1) No explosives shall be taken on board any ship to which this rule applies being a passenger steamer, for carriage in that ship, except--

(a) any explosive set forth in the First Schedule annexed hereto;

(b) any explosives the total weight of which does not exceed 20 lb., including their immediate casing or packing;

(c) any distress signal rockets for use in ships or air crafts, if the total weight of such rockets does not exceed 1 ton;

(d) fireworks set forth in the Third Schedule annexed hereto.

(2) Distress signal rockets or fireworks set forth in the Third Schedule annexed hereto carried in a passenger steamer to which this rule applies shall be stowed under the supervision of a person appointed for that purpose by the Master of the ship in writing signed by him.

(3) No dangerous goods set forth in the Second Schedule annexed hereto (other than laboratory chemicals and medicinal preparations in limited quantities) shall be taken on board any ship to which this rule applies, being a passenger steamer, for carriage in that ship. Provided that nothing in this rule shall prohibit the taking of dangerous goods on board a passenger steamer in respect of which there is in force a certificate issued by the Central Government, or by any authority empowered in that behalf by the laws of any country other than India, to the effect that the steamer is fit to carry a number of passengers not exceeding 25 or a number equal to one-tenth of the length of the ship in feet, whichever shall be greater.

Carriage of Inflammable Liquids.- No liquids which from the statement under rule 4 or marking under rule 5 the owner of the ship or any of his servants or agents knows or could have with reasonable diligence known or had reasonable grounds for suspecting to be inflammable shall be taken on board any ship to which this rule applies for carriage in that ship as cargo unless ventilation, adequate in the circumstances, is provided for the spaces in which the liquids are to be carried.
Carriage of Substances Liable to Spontaneous Combustion.- No substance which from the statement under rule 4 or making under rule 5 the owner of the ship or any of his servants or agents known or could have with reasonable diligence known or had reasonable grounds for suspecting to be liable to spontaneous combustion shall be taken on board any ship to which this rule applies for carriage in that ship as cargo unless precautions proper in the circumstances are taken for the prevention of the spontaneous combustion of such substances.
Application of Rules in Certain Cases.- No dangerous goods shall be carried in any ship to which this rule applies unless---

(a) in the case of a Safety Convention Ship, the goods are being carried in accordance with the law relating to the carriage of such goods of the country in which the ship is registered and all the provisions of that law in so far as the same are applicable have been complied with; or

(b) in the case of any other ship, the provisions of these rules which would have been required to have been complied with if the goods had been taken on board the ship in India, have been complied with notwithstanding anything to the contrary contained in sub-rule (2) of rule 3:

Provided that the Central Government may exempt any ship from any of the requirements of these rules which are required to be complied with in the case of that ship by virtue of para (b) of this rule, if they are satisfied that the requirements of the law relating to the carriage of dangerous goods of the country in which the ship is registered have been complied with and are not less effective than the said requirements of these rules.

Penalty.- If any of these rules is not complied with in relation to any ship, the owner or master of the ship shall be liable to a fine which may extend to three thousand rupees and the ship shall be deemed for the purpose of Part V of the Act to be an unsafe ship.

First Schedule

[See rule 8 (1) (a)]

Explosives which may be taken on Board Passenger Steamers

Ajax Percussion Caps.

Antifyre Percussion Caps.

Battery Pockets.

Bullseye Percussion Caps.

Cardox Heater D.

Cartridge for Martin Cutter.

Cartridges, bolt, cable cutting, linked, punch or rocket.

Cases, Cartridge, Capped.

Cases for Turbo-Starter Cartridges (Empty), Primed.

Cordtex.

Curtis's and Harvey's Safety Electric Fuzes.

Delay Fuze Assembly (10 Seconds).

Drogue Ejector Cartridges.

Eley Kynoch No. 91 Percussion Cap.

Eley Kynoch No. 1A Percussion Cap.

Excelsior Safety Electric Fuze

Ferrule Igniter for Safety Fuze.

Flame Detector Cord.

Fuzehead Assemblies.

Hydrox Igniter No. 1 Safety Electric Fuze.

Igniters for Grenades.

Kynoch Fog Signal Caps.

Kynoch No. 41 Percussion Cap.

Kynoch No. 70 Percussion Cap.

Kynoch No. 81 Percussion Cap.

Kynoch Rail Car Fog Signals.

M.O.C. Cartridges (Type 1).

M.O.C. Cartridges (Type 4).

M.O.C. Cartridges (Type 6).

Multiple Safety Fuze Igniters.

Nicorro Percussion Caps.

Nobel's Electric Delay Action Fuzes.

Nobel's Safety Electric Fuzes.

Nobel's Safety Electric Delay Fuzes.

Norres Patent Fuze Lighters.

Orion Patent Safety Electric Fuzes.

Percussion Caps, O. in C. No. 1.

Plastic Core Safety Fuze.

Push Mechanism Type 6.

Pull Mechanism Type 6.

Railway Fog Signals, O. in C. No. 1.

Release Mechanism Type 6.

Safety Catridge Cases (Empty), Capped.

Safety Electric Primers.

Safety Firing Tubes, No. 1.

Safety Fuze, O. in C. No. 1.

Safety Fuze Lighters.

Safety Instantaneous Fuze.

Schermer Cattle Killer Cartridges.

Special Safety Fuze.

Thermal Gas Closing Cartridges.

Trip Fuzes.

Turbo-Starter Primers, Electrically Fired, 15 grain.

Tyre Sound Signals.

Venus Patent Safety Electric Fuzes.

Vulcan Patent Safety Electric Fuzes.

Vicker's Percussion Caps.

Vulcan Patent Electric Dely Action Fuzes.

Any safety cartridges not specified above.

Second Schedule

[See rule 8 (3)]

Dangerous goods which may not be taken on Board Passenger Steamers Category (ii). - Compressed, liquefied and dissolved gases.

Boron Trifluoride.

Carbon Monoxide.

Coal Gas.

Fluorine.

Hydrogen.

Ammonia Anhydrous, unless in cylinders.

Blau Gas.

Chlorine.

Cyanogen

Dimethyl Ether.

Dimethylamine.

Ethyl Chloride, unless in cylinders.

Ethylene.

Ethylene Oxide

Ethylene Oxide/Carbon Dioxide Mixture.

Ethylene Oxide/Nitrogen Mixture.

Hydrogen Chloride.

Hydrogen Cyanide, Stabilised.

Hydrogen Fluoride

Hydrogen Sulphide.

Methylamine.

Methyl Bromide.

Methyl Chloride, unless in cylinders.

Nitrogen Tetroxide.

Nitrosyl Chloride

Oil Gas.

Phosgene.

Sulphur Dioxide, unless in cylinders or glass syphons.

Trimethylamine.

Acetylene.

Category (iii). - Corrosives.

Antimony Pentachloride, unless in containers of 2½ gallon capacity or under.

Antimony Trichloride, unless in containers of 2½ gallon capacity or under.

Benzoyl Chloride.

Chloroacetyl Chloride.

Chlorosulphonic Acid.

Diphenylmethyl Bromide.

Fluoboric Acid.

Fluoselicic Acid.

Hydriodic Acid.

Hydrobromic Acid.

Hydrochloric Acid.

Hydrofluoric Acid Solutions.

Mixed Acid.

Nitric Acid.

Perchloric Acid.

Phosphorus Pentachloride.

Phosphorus Tribromide.

Phosphorus Trichloride

Phosphoryl Chloride.

Silicon Tetrachloride, unless in containers of 2½ gallon capacity or under.

Sludge or Spent Acid.

Stannic Chloride, Anhydrous.

Sulphur Chlorides.

Sulphuric Acid, specific gravity exceeding 1.405.

Sulphuric Acid, Fuming.

Sulphuryl Chloride.

Thionyl Chloride.

Titanium Tetrachloride.

Category (iv). - Poisons.

Bromine and Bromine Solutions.

Chloropicrin.

Hydrogen Cyanide.

Methyl Bromide.

Motor-Fuel-Anti-Knock compounds, unless in containers of 5 pint capacity or under.

Tetraethyl lead, unless in containers of 5 pint capacity or under.

Category (v). - Substances giving of inflammable vapours.

Benzyl Chloride.

Carbon Disulphide.

Enamels, lacquers, paints and varnishes, with a flash point below 73°F., unless in containers of 10 gallon capacity or under.

Di-ethyl-ether, unless in containers of 1 gallon capacity or under.

Ethyl Chloride.

Ethylene Oxide.

Nickel Carbonyl.

Other substances with a flash point below 73°F., unless in containers of 5 gallon capacity or under.

Category (vi). - Substances which become dangerous by inter-action with water.

Aluminium Powder (unpolished), unless in glass or earthenware containers.

Aluminium Silicon, in powder form.

Barium Alloys, non-pyrophoric.

Barium Metal.

Calcium Metal and Alloys, non-pyrophoric.

Calcium Carbide.

Calcium Phosphide or articles charged wholly or mainly with Calcium Phosphide.

Calcium Silicide.

Calcium Silicon.

Ferro-Silicon containing 15 per cent. to 80 per cent. Silicon, both figures inclusive.

Magnesium Alloy Powder, unless in glass or earthenware containers or in tins or cans.

Potassium Metal.

Sodium Metal.

Sodium Phosphide.

Strontium Alloys, non-pyrophoric, unless in glass or earthenware containers.

Zine Phosphide.

Category (vii). - Strong Oxidising Agents.

Potassium Bromate.

Sodium Bromate.

Ammonium Chlorate.

Barium Chlorate.

Potassium Chlorate.

Sodium Chlorate.

Strontium Chlorate.

Zinc Chlorate.

Chloric Acid.

Calcium Chlorite.

Sodium Chlorite.

Guanidine Nitrate.

Ammonium Perchlorate.

Barium Perchlorate.

Calcium Perchlorate.

Lead Perchlorate.

Magnesium Perchlorate.

Potassium Perchlorate.

Sodium Perchlorate.

Ammonium Permanganate.

Hydrogen Peroxide Solutions greater than 6 per cent. strength.

Category (viii). - Substances which are liable to spontaneous combustion.

Cotton, wet.

Diethyl Zinc.

Di-methyl-p-nitrosoani.line.

Fibres, burnt, wet or damp.

Fishmeal or fish scrap, unless in sealed metal containers.

Iron Oxide, spent.

Linoleates, resinates and other driers in solid form.

Phosphorus, white or yellow.

Category (ix). - Other Dangerous Goods.

Ammonium Picrate, wet.

Benzoyl Peroxide.

Celluloid in the form of scrap, dust, shavings, pieces or stripped film.

Di-nitro-ortho-cresol, wet or fused solid.

Di-nitro-phenol, wet.

Dinitrophenolates.

Di-nitro-resorcinol, wet.

Hessian bags, used (unless continuously used for inert material).

Lacquer base and chips with nitrocellulose base.

Nitrocellulose, wet.

Picric Acid, wet.

Sodium di-nitro-ortho-cresolate, wet.

Sulphur (Lump, roll or stick), unless in glass or earthenware containers or in drums, casks, cases or double hessian bags.

Sulphur (powder), unless in glass or earthenware containers or in drums, casks, cases.

Zirconium N1ctal.

Third Schedule

[See rule 8 (1) (d)1

Fire Works

Coloured fires and lights (other than Socket distress, Signals, Socket light signals and Sound Socket signals).
Balloon fireworks.
Roman candles.
Wheels.
Bouquets.
Saxons.
Blue devils.
Black jacks.
Snakes.
Golden rain.
Port fires or blue candles.
Starlights.
Tourbillions.
Suns.
Devil-among-tailors.
Gerbs.
Flower-pots.
Fountains.
Amorces.
Throwdowns.
Crackshots.
Squibs.
Prince of Wales feathers.
Lances.
Crackers.
Catherine wheels.
Scintilettes.
Lightning paper in envelopes.
Mines, not exceeding 2 lbs. gross weight.
Maroons (other than Aerial Maroons), not exceeding 4 ozs. gross weight.
Rockets (other than Maroon Rockets, Guncotton Rockets and Flights of Rockets).
Jack-in-the boxes, not exceeding 2 lbs. gross weight.
Chinese crackers, not exceeding 4 inches in length.

The above fireworks other than Amorces, Throwdowns and Crackshots must not contain their own means of ignitions.