Section 317:
Duration and cancellation of certificates.
1[317. Duration and cancellation of certificates.--(1) Every certificate issued in respect of a
ship under clause (a) or clause (b) of sub-section (1) of section 316 and every certificate issued under
clause (aa) of that sub-section to a ship referred to in clause (e) of sub-section (3) of section 310 shall
be in force for a period of five years from the date of its issue or for such shorter period as may be
specified in the certificate but subject to the provisions of this Part, a new certificate may be issued in
respect of such ship:
Provided that where it is not possible to issue such new certificate to any ship before the expiry of
its existing certificate, the Central Government or any other person authorised by it to issue such
certificate may, on being satisfied that no alterations affecting the ship's free board have been made in
the structure, equipment, arrangements, material or scantlings, after the last survey of the ship under
sub-section (5), extend the validity of the existing certificate for such period not exceeding five
months as the Central Government or such person may deem fit.
2[Provided further that when the survey for the purpose of issue of certificate under sub-section
(1) of section 316 is completed within three months before the expiry date of the existing certificate,
the new certificate may be valid from the date of completion of such survey to a date not exceeding
five years from the date of expiry of the existing certificate.]
(2) Every certificate issued under clause (aa) of sub-section (1) of section 316 to a ship referred to
in clause (f) of sub-section (3) of section 310 shall cease to be valid upon the completion of the
voyage in respect of which such certificate was issued.
(3) Notwithstanding anything contained in the foregoing provisions of this section, any certificate
issued in respect of a ship under sub-section (1) of section 316 3[shall cease to be valid when--
(a) the ship ceases to be an Indian ship;
(b) material alterations such as would necessitate the assignment of an increased free board
have taken place in the hull or superstructure of the ship;
(c) the fittings and appliances for the protection of openings, the guard rails, freeing ports, or
the means of access to the crew's quarters are not maintained in an effective condition;
(d) the structural strength of the ship is lowered to such an extent as to render the ship unsafe;
(e) the certificate is not endorsed to prove that the ship has been surveyed as required under
sub-section (5); or
(f) the marking of the deck line and load lines on the ship have not been properly maintained.]
4* * * * *
(5) The owner of every ship in respect of which any certificate has been issued under sub-section
(1) of section 316 shall, so long as the certificate remains in force, cause the ship to be surveyed in the
prescribed manner 3[and the certificate endorsed once at least in each year during the period
commencing three months before and ending three months after the anniversary date of expiry of the
certificate for the purpose of ensuring that--
(a) alterations have not been made to the hull or superstructure which would affect the
calculations determining the position of the load lines;
(b) the fittings and the appliances for the protection of openings, the guard rails, freeing ports,
or the means of access to the crew's quarters are maintained in an effective condition;
(c) the free board marks are correctly and permanently marked; and
(d) the stability information required under section 298 is readily available on board.]
5[(6) If an annual survey is completed before the period specified in sub-section (5) then,
(a) the anniversary date mentioned on the certificate shall be amended by endorsement to a
date which shall not be more than three months later than the date on which the survey was
completed;
(b) the subsequent annual survey required by sub-section (5) shall be completed using the new
anniversary date;
(c) the expiry date of the certificate may remain unchanged provided one or more annual
survey is carried out so that the maximum interval between the surveys specified under subsection
(5) is not exceeded.
(7) If a certificate under sub-section (1) of section 316 is issued for a period of less than five
years, the Central Government or any person authorised by it in this behalf, may extend the validity of
the certificate beyond the expiry date to a maximum period specified in sub-section (1):
Provided that, annual surveys referred to in sub-section (5) are carried out as may be appropriate.
(7A) If a ship at the time when a certificate expires is not in a port at which it is to be surveyed,
the Central Government or any person authorised by it in this behalf may extend the period of validity
of the certificate, but this extension shall be granted only for the purpose of allowing the ship to
complete the voyage to the port in which it is to be surveyed and also only in cases where it appears
proper and reasonable to do so:
Provided that no certificate shall be extended for a period longer than three months and the ship to
which an extension is granted shall not on its arrival at the port in which it is to be surveyed leave that
port without having a new certificate:
Provided further that when the survey is completed, the new certificate shall be valid to a date not
exceeding five years from the date of expiry of the existing certificate.
(7B) A certificate, issued to a ship engaged in short voyage which has not been extended under
sub-section (7A), may be extended by the Central Government or any person authorised by it in this
behalf for a period up to one month from the date of expiry and when the survey is completed, the
new certificate shall be valid up to a date not exceeding five years from the date of expiry of the
existing certificate.
(7C) In special circumstances where the Central Government so determines a new certificate,
need not be dated from the date of expiry of the existing certificate, shall be valid up to a date not
exceeding five years from the date of completion of the survey.]
(8) Where any certificate has ceased to be valid or been cancelled under this section, the Central
Government may require the owner or master of the ship to which the certificate relates to deliver up
the certificate as it directs and the ship may be detained until such Requirement has been complied
with.
(9) On the survey of any ship in pursuance of this section, there shall be paid by the owner of the
ship such fee as may be prescribed.]
Notes:
1. Subs. by Act 25 of 1970, s. 9, for section 317 (w.e.f. 21-7-1968).
2. Ins. by Act 63 of 2002, s. 14 (w.e.f. 1-2-2003).
3. Subs. by s. 14, ibid., for certain words (w.e.f. 1-2-2003).
4.Omitted by s. 14, ibid. (w.e.f. 1-2-2003).
5. Subs. by Act 63 of 2002, s. 14, for sub-sections (6)@/i and (7) (w.e.f. 1-2-2003).