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  "title": "Inland Mechanically Propelled Vessels Act, 1917",
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  "text": "Page 1 of 32 \r\n \r\n \r\nTHE INLAND MECHANICALLY PROPELLED VESSELS ACT, \r\n1917 \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n1.  Short title and extent \r\n2.  Definitions \r\nCHAPTER II \r\nSURVEY OF MECHANICALLY PROPELLED VESSELS \r\n \r\n3. Mechanically propelled vessel not to proceed on voyage or to be used for service without \r\n certificate of survey \r\n4.  Appointment of surveyors and places of survey \r\n5.  Powers of surveyors \r\n6.  Fees in respect of surveys \r\n7.  Declaration of surveyor \r\n8.  Sending of declaration by owner or master to provincial Government \r\n9.  Power for provincial Government to grant or authorise the grant of certificates of survey \r\n10.  Certificate of survey to be affixed in conspicuous part of mechanically propelled vessel \r\n10A.  Effect of certificates of survey \r\n11.  Term of certificates of survey \r\n12.  Renewal of certificate of survey \r\n \r\n\r\n \r\nPage 2 of 32 \r\n \r\n13.  Power for provincial Government to suspend or cancel certificate of survey \r\n14.  Power for provincial Government to require delivery of expired or cancelled certificate \r\n15.  Report of suspension or cancellation of certain certificates \r\n16.  Power for provincial Government to direct survey by two surveyors \r\n17.  Power for provincial Government to order a second survey \r\n18.  Division of duties when two surveyors employed \r\n19.  Power for Provincial Government to make rules as to survey \r\n19A.  19A – 19R \r\nCHAPTER III \r\nMASTERS (INCLUDING SERANGS) AND ENGINEERS \r\n(INCLUDING ENGINE-DRIVERS) OF MECHANICALLY \r\nPROPELLED VESSELS \r\n20.  Appointment of examiners \r\n21.  Grant of masters serangs, engineers, and engine drivers, certificate of competency \r\n22.  Grant of masters serangs engineers and engine drivers certificate of service \r\n22A.  Licences \r\n23.  Certificate to be made in duplicate \r\n24.  Copy of certificate or licence to be granted in certain cases \r\n25.  Certificate to be held by master and engineer of vessel of one hundred or more horse-power \r\n26.  Certificates to be held by master and engineer of vessel of between forty and one hundred \r\nhorse-power \r\n27.  Certificate to be held by master and engineer of vessel of less than forty horse-power \r\n28.  Power for Provincial Government to require master or engineer to hold certificate granted \r\nunder Act in addition to other certificate \r\n29.  Power for Provincial Government to make rules as to grant of certificate of competency \r\n30.  Power for Provincial Government to make rules as to grant of certificate of service \r\n30A.  Power for Provincial Government to make rules as to grant of licences \r\n31.  Area in which certificates of competency or service and licences shall have effect \r\n \r\n \r\n \r\nPage 3 of 32 \r\n \r\n \r\nCHAPTER IV \r\nINVESTIGATIONS INTO CASUALTIES \r\n32.  Report of casualties to be nearest police station \r\n33.  Power for Provincial Government to appoint Court of investigation \r\n34.  Power of Court of investigation to inquire into charges of incompetency or misconduct \r\n35.  Power for Provincial Government to direct investigation otherwise than under section 33 \r\n36.  Person charged to be heard \r\n37.  Assessors \r\n38.  Powers of courts as to evidence and regulation of proceedings \r\n39.  Power of Court to effect arrest of witnesses by entry and detention of vessels \r\n40.  Power of Court to commit for trial and to bind over witnesses \r\n41.  Depositions of absent witnesses \r\n42.  Report by court to provincial Government \r\n43.  Court to exercise its powers independently of the assessors \r\n44.  Power for Provincial Government to direct investigation into causes of explosions on \r\nmechanically propelled vessels \r\nCHAPTER V \r\nSUSPENSION AND CANCELLATION OF \r\nCERTIFICATES GRANTED UNDER THE ACT \r\n45.  Power for Provincial Government to suspend or cancel certificate in certain cases \r\n46.  Obligation to deliver up suspended or cancelled certificate \r\n47.  Report to other Provincial Government \r\n48.  Power for Provincial Government to revoke suspension or cancellation and to grant new \r\ncertificate \r\n \r\nCHAPTER VI \r\nPROTECTION OF, AND CARRIAGE OF PASSENGERS IN, \r\nMECHANICALLY PROPELLED VESSELS \r\n49.  Power for Provincial Government to declare dangerous goods  \r\n50.  Carriage of dangerous goods \r\n51.  Power of owner or master of mechanically propelled vessel to throw overboard dangerous \r\ngoods \r\n \r\nPage 4 of 32 \r\n \r\n52.  Power for provincial government to make rules for protection of mechanically propelled \r\nvessels from accidents \r\n53.  Power for Provincial Government to make rules as to carriage of passengers in mechanically \r\npropelled vessels \r\n54.  Power for Provincial Government to make rules for protection of passengers \r\n54A.  Power of Provincial Government to fix maximum and minimum rates for passenger fares and \r\nfreight for goods \r\n54AA.  Publication of times of sailing fares and freights \r\n54B.  Power to make rules providing for the appointment of advisory Committees \r\n \r\nCHAPTER VII. ___PENALTIES AND LEGAL PROCEEDINGS \r\n55.  Penalty for making voyage without certificate of survey \r\n56.  Penalty for neglect to affix certificate of survey in mechanically propelled vessel \r\n57.  Penalty for neglect or refusal to deliver up certificate of survey \r\n58.  Penalty for carrying excessive number of passengers on board \r\n59.  Penalty for serving or engaging a person to serve as master or engineer without certificate \r\n60.  Penalty for master failing to give notice of wreck or casualty \r\n61.  Penalty for failing to deliver up suspended or cancelled certificate \r\n62.  Penalty for talking or delivering or tendering for carriage dangerous goods on board \r\nmechanically propelled vessel without notice \r\n63.  Penalty for misconduct or neglect endangering mechanically propelled vessel or life or limb \r\n64.  Levy of fine by distress of mechanically propelled vessel \r\n65.  Jurisdiction of Magistrate \r\n66.  Place of trial \r\nCHAPTER VIII.___SUPPLEMENTAL \r\n67.  Power for Provincial Government to make general rules \r\n68.  Power for Provincial Government to modify application of Act to certain mechanically \r\npropelled vessels \r\n69.  Exemption of His Majesty’s and Government vessels \r\n70.  Power for Provincial Government to define tidal water \r\n \r\nPage 5 of 32 \r\n \r\n71.  Fees recoverable as fines \r\n72.  Certificated master of mechanically propelled vessels to be deemed pilots under section 31 of \r\nAct XV of 1908 \r\n73. [Omitted.] \r\n74.  Publication of rules \r\n74A.  Appointment of inland waterways control Board in emergency \r\n74B.  Control on vessels as to routes and traffic \r\n74C.  Rules of business of Board \r\n74D.  Obligation of the owner of vessels \r\n74E.  Penalties \r\n75.  [Repealed.] \r\n \r\nSCHEDULE I.___RATES OF SURVEY FEES \r\n \r\nSCHEDULE II.___[Repealed.] \r\n \r\n \r\nPage 6 of 32 \r\n \r\nTHE INLAND MECHANICALLY PROPELLED VESSELS ACT, 1917 \r\n1ACT No. I OF 1917 \r\n[7th February, 1917] \r\nAn act to consolidate the enactments relating to 2[Mechanically Propelled Vessels]. \r\n WHEREAS it is expedient to consolidate the enactments relating to 2[mechanically propelled \r\nvessels] ; It is hereby enacted as follows:— \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n 3[1. Short title and extent.___ (1) This Act may be called the Inland Mechanically Propelled \r\nVessels Act.  \r\n (2) It extends to the whole of Pakistan.] \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n 4[(1) “mechanically propelled vessel” means every description of vessel ordinarily plying on \r\ninland waters and propelled wholly or in part by steam, electricity or other mechanical power, and \r\nincludes for purposes only of registration under this Act a sailing boat, dumb barge and any other \r\ncraft not mechanically propelled when towed or pushed by a mechanically propelled vessel;] \r\n \r\n 5(2) “inland water” means any canal, river, lake or other navigable water in 6[Pakistan]; \r\n \r\n (3) “passenger” includes any person carried in a 7[mechanically propelled vessel] other than \r\nthe master and crew and the owner, his family and servants; \r\n \r\n (4) “prescribed” means prescribed by any rule under this Act; \r\n \r\n 8[(5) “registrar” means a registrar appointed under this Act;] \r\n \r\n (6) “survey” means the survey of a 7[mechanically propelled vessel] under this Act; \r\n \r\n (7) “surveyor” means a surveyor appointed under this Act; and \r\n \r\n (8) “voyage” includes the plying of a 7[mechanically propelled vessel] at or about any place. \r\n \r\n1For statement of Objects and Reason, see Gazette of India, 1916, Pt. V.p.71; and for Proceedings in Council, see ibid, 1916, Pt. VI, p. 541, and ibid, \r\n1917, Pt. VI, p. 17. \r\nThe Provisions of this Act (excluding sections 19 -A to 19-P) have been applied to the territory of Gwadur by W. Pakistan Ordinance No. 36 of 1959 \r\n(with effect from the 16th June, 1959). \r\nNothing in the Control of Shipping Act, 1947 (26 of 1947), shall apply to any vessel registered under this Act, see the Inland Steam -vessels (Amdt) \r\nAct, 1951 (25 of 1951), s.18. \r\nThe Act has been amended in its application to- \r\nSind, see the Inland Steam-vessels (Sind Amendment) Act, 1941 (Sind Act 21 of 1941). \r\nThe following portions of this Act have been applied with certain modificatio ns to the inland mechanically propelled vessels belonging to the Central \r\nGovt. or the Provincial Govt. other than the vessels of Pakistan Navy and the Army I. W.T. namely:— \r\nChapter II — (i) Sections 3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18, and 19. \r\n2Subs. by Act 25 of 1951, s. 2, for “inland steam-vessels.”. \r\n3Subs. ibid., s. 3, for the original section 1 as amended by A. O., 1937 and A. O., 1949, Sch. \r\n4Subs by Act 25 of 1951, s. 4, for clause (1). \r\n5For power to define how much of any tidal water shall be deemed to be an “inland water”, see s. 70, infra. \r\n6Subs. by the Central Laws ( Statute                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           \r\nReforms) Ordinance, 1960 (21 of 1960), s. 3 2 nd Sch. (with effect from the 14 th October, 1955), for “the Provinces and the Capital of the Federation” \r\nwhich had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British Indian”. \r\n7Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “steam-vessel”. \r\n8Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2 for “steam-vessel”. \r\n \r\nPage 7 of 32 \r\n \r\nCHAPTER II1 \r\nSURVEY OF 2[MECHANICALLY PROPELLED VESSELS] \r\n \r\n 3. Mechanically propelled vessel not to proceed on voyage or to be used for service \r\nwithout certificate of survey.— 3[(1) A mechanically propelled vessel shall not proceed on any \r\nvoyage, or ply on any inland water unless she has a certificate of survey and a certificate of registry, \r\nin force and applicable to such voyage or water, and unless she is owned— \r\n \r\n(a)  by a person who is a Pakistan national, or \r\n \r\n(b)  by a person registered as a company in Pakistan, or, if registered outside \r\nPakistan, having in Pakistan an agent or branch together with an organisation \r\nadequate to the independent operation of the agency or branch within \r\nPakistan.] \r\n \r\n (2) Nothing in this section shall apply to any 4[mechanically propelled vessel] proceeding on \r\na voyage during the interval between the time at which her certificate of survey expires and the time \r\nat which it is first practicable to have the certificate renewed. \r\n \r\n 4. Appointment of surveyors and places of survey.___(1) The 5[Provincial Government] \r\nmay, by notification6 in the 7[official Gazette],— \r\n \r\n(a)  declare such places, within the territories under its administration, as it thinks \r\nfit, to be places of survey 8[and registry], and \r\n \r\n(b)  appoint so many persons to be surveyors 8[and registrar] at the said places as it \r\nthinks fit, for the purposes of this Act. \r\n \r\n 9[(2) Every surveyor and every registrar shall, for the purposes of any survey or any registry \r\nmade by him, be deemed to be a public servant within the meaning of the Pakistan Penal Code.] \r\n(XLVof 1860). \r\n \r\n 5. Powers of surveyors.—(1) For the purposes of a survey 10[or registry], the surveyor 10[or \r\nthe registrar, as the case may be] may, at any reasonable time, go on board any 11[mechanically \r\npropelled vessel], and may inspect the 4[mechanically propelled vessel] and every part thereof, \r\nincluding the hull, boilers, engines and other machinery, and all equipments and articles on board: \r\n \r\n Provided that he shall not unnecessarily hinder the loading or unloading of the 4[mechanically \r\npropelled vessel], or unnecessarily detain or delay her from proceeding on any voyage. \r\n \r\n (2) The owner, master and officers of the 4[mechanically propelled vessel] shall afford to the \r\nsurveyor all reasonable facilities for a survey, and all such information respecting the 4[mechanically \r\npropelled vessel], and her machinery or any part thereof, and all equipments and articles on board, as \r\nhe may require for the purposes of a survey. \r\n \r\n1For power to define how much of any tidal water shall be deemed to be an “inland water”, see s. 70, infra. \r\n2Subs. by Act 25 of 1951, s. 5, for INLAND STEAM-VESSELS”. \r\n3Subs. ibid., for sub-section (1). \r\n4Subs. ibid., for “local official Gazette”. \r\n5Subs. by A. O., 1937, for “L. G.”. \r\n6For such notification in Bombay, see the local Rules and Orders. \r\n7Subs. by A. O., 1937, for “local official Gazette”. \r\n8Added by Act 25 of 1951, s. 6. \r\n9Subs. ibid., for sub-section (2). \r\n10Ins. ibid., s. 7. \r\n11Subs. ibid., s. 2, for “inland steam-vessel”. \r\n11Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “steam-vessel” \r\n \r\nPage 8 of 32 \r\n \r\n 1[6. Fees in respect of surveys. Before a survey is commenced, or a registry is made, the \r\nowner or master of the vessel to be surveyed or registered, as the case may be, shall pay to such \r\nofficer as the Provincial Government may, by notification in the official Gazette appoint in this \r\nbehalf, a survey or registry fee, as the case may be, calculated on the tonnage of the vessel according \r\nto the rates mentioned in Schedules I and IA or according to any other prescribed rates.] \r\n 7. Declaration of surveyor. When the survey of a 2[mechanically propelled vessel] is \r\ncompleted, if the surveyor making it is satisfied that— \r\n \r\n(a)  the hull, boilers, engines and other machinery of the 2[mechanically propelled \r\nvessel] are sufficient for the voyage or service intended and in good condition, \r\nand \r\n(b)  the equipments of the 2[mechanically propelled vessel] and the certificates of \r\nthe master and engineer are such and in such condition as are required by any \r\nlaw for the time being in force and applicable to the 2[mechanically propelled \r\nvessel], \r\nthe surveyor shall forthwith give to the owner or master a declaration in the prescribed form \r\ncontaining the particulars mentioned in clauses (a) and (b), and the following further particulars, \r\nnamely: \r\n(i)  the time (if less than one year) for which the hull, boilers, engines and other \r\nmachinery and equipments of the 2[mechanically propelled vessel] will be \r\nsufficient ; \r\n(ii)  the limit (if any) beyond which, as regards the hull, boilers, engines and other \r\nmachinery or equipments, the 2[mechanically propelled vessel] is in the \r\nsurveyors, judgment, not fit to ply; \r\n(iii)  the number of passengers (if any) which the 2[mechanically propelled vessel] \r\nis, in the judgment of the surveyor, fit to carry, specifying, if necessary, the \r\nrespective numbers to be carried on the deck and in the cabins, and in different \r\nparts of the deck and cabins the number to be subject to such conditions and \r\nvariations; according to the time of year, the nature of the voyage, the cargo \r\ncarried or other circumstances, as the case requires; and \r\n(iv)  any other prescribed particulars. \r\n 8. Sending of declaration by owner or master to provincial Government.___(1) The owner \r\nor master of a 3[mechanically propelled vessel] to whom a declaration is given under section 7 shall, \r\nwithin fourteen days after the date of the receipt thereof, send the declaration to such officer as the \r\n4[Provincial Government] may, by notification in the 5[official Gazette], appoint in this behalf. \r\n (2) If any owner or master fails to send a declaration as required b y sub-section (1), he shall \r\nforfeit a sum not exceeding five rupees for every day during which the sending of the declara tion is \r\ndelayed. \r\n \r\n1Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s 8, for the original section 6, as amended by A. O., 1937 and A. O., 1949, Sch, \r\n2Subs. by Act 25 of 1951, s. 2, for “steam-vessel” \r\n3Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “steam-vessel”. \r\n4Subs. by A. O., 1937, for “L. G.”. \r\n5Subs. ibid., for “local official Gazette”. \r\n \r\nPage 9 of 32 \r\n \r\n 9. Power for provincial Government to grant or authorise the grant of certificates of \r\nsurvey.___(1) The 1[Provincial Government] shall, if satisfied that all the provisions of this Act have \r\nbeen complied with in respect of a declaration sent under section 8, cause,— \r\n(a)  a certificate of survey, in duplicate, to be prepared, and \r\n(b)  notice thereof to be given by post or otherwise to the owner or master of the. \r\n2[mechanically propelled vessel] to which the certificate relates. \r\n \r\n (2) On application made by the owner or master to such officer at the place of survey as the \r\n1[Provincial Government] may, by notification3 in the 4[official Gazette], appoint in this behalf, and \r\non payment to such officer by the owner or master of the sum (if any) forfeited by him under section \r\n8, sub-section (2), (the actual amount of which within the limit thereby fixed shall be determined by \r\nthe 1[Provincial Government]), the certificate, in duplicate, so prepared shall be granted to the owner \r\nor master by the 1[Provincial Government] and issued to him through such officer. \r\n (3) A certificate granted under this section shall be in the prescribed form, shall contain a \r\nstatement to the effect that all the provisions of this Act with respect to the survey of the \r\n2[mechanically propelled vessel] and the declaration of survey have been complied with, and shall \r\nset forth— \r\n(a)  the particulars concerning the 2[mechanically propelled vessel] mentioned in \r\nthe declaration of survey \r\n as required by clauses (i), (ii) and (iii) of section 7, and \r\n(b)  any other prescribed particulars. \r\n (4) The 1[Provincial Government] may, by notification4 in the 5[official Gazette], delegate to \r\nany person all or any of the functions assigned to the 1[Provincial Government] under this section: \r\n \r\n Provided that no delegation shall be made under sub-section (2) so as to authorise the grant of \r\na certificate of survey by the surveyor who made the declaration of survey under section 7. \r\n \r\n 10. Certificate of survey to be affixed in conspicuous part of mechanically propelled \r\nvessel. The owner or master of every 2[mechanically propelled vessel] for which a certificate of \r\nsurvey has been granted, shall forthwith, on the receipt of the certificate, cause one of the duplicates \r\nthereof to be affixed and kept affixed so long as it remains in force and the 2[mechanically propelled \r\nvessel] is in use, on some conspicuous part of the 2[mechanically propelled vessel] where it may be \r\neasily read by all persons on board. \r\n \r\n 6[10A. Effect of certificates of survey.  A certificate of surve y shall have effect throughout \r\nthe Province in which it was granted: \r\n \r\n Provided that such a certificate may be endorsed by the Provincial Government of any other \r\nProvince, or with the general or special sanction of the Provincial Government of that other \r\nProvince, by the authority granting it, so as to have effect in that other Province or any part thereof, \r\nand, if so endorsed shall have effect accordingly.] \r\n \r\n1Subs. by A. O., 1937, for “L. G.”. \r\n2Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “steam-vessel”. \r\n3For notifications appointing officers in___ \r\n (a) Bombay, see Digest of Acts and Rules, etc., relating to Bombay Survey Department. \r\n4For list of officers to whom powers have been delegated in \r\n (a) Bombay, see Digest of Acts and Rules, etc., relating to Bombay Survey Department. \r\n5Subs. by A.O., 1937, for “local official Gazette”. \r\n6Ins. by A.O., 1937. \r\n \r\nPage 10 of 32 \r\n \r\n 11. Term of certificates of survey. A certificate of survey shall not be in force 1[in any \r\nProvince]— \r\n(a)  after the expiration of one year from the date thereof; or \r\n(b)  after the expiration of the period (if less than one year) for which the hull, \r\nboilers, engines or other machinery, or any of the equipments of the \r\n2[mechanically propelled vessel] to which the certificate relates have been \r\nstated in the certificate to be sufficient; or \r\n(c)  after notice has been given 3[by the Provincial Government of the Province in \r\nwhich it was granted] to the owner or master of such 2[mechanically propelled \r\nvessel], that such 4[Provincial Government] has cancelled or suspended it. \r\n 5[A certificate of survey shall not be in force in any Province by virtue of any endorsement in \r\nrespect of that Province, after notice has been given by the Provincial Government of that Province, \r\nto the owner or master of a 2[mechanically propelled vessel], that that Government has cancelled or \r\nsuspended the endorsement.] \r\n 12. Renewal of certificate of survey. After a certificate of survey has ceased to be in force \r\nthe same shall only be renewed after a fresh survey of the 2[mechanically propelled vessel] to which \r\nthe certificate relates, has been held in accordance with the provisions of this Chapter save so far as \r\nany relaxation thereof may be prescribed. \r\n 13. Power for provincial Government to suspend or cancel certificate of survey. 6[A \r\ncertificate of survey or any endorsement thereon made under section 10A may be suspended or \r\ncancelled by the Government of the Province in which the certificate was granted or in respect of \r\nwhich the endorsement was made, as the case may be, if that Government has reason to believe—] \r\n(a)  that the declaration by the surveyor of the sufficiency and good condition of \r\nthe hull, boilers, engines or other machinery or of any of the equipments of the \r\n2[mechanically propelled vessel] has been fraudulently or erroneously made; \r\nor \r\n(b)  that the certificate has otherwise been granted upon false or erroneous \r\ninformation; or \r\n(c)  that since the making of the declaration the hull, boilers, engines or other \r\nmachinery, or any of the equipments of the 2[mechanically propelled vessel] \r\nhave sustained any material injury, or have otherwise become insufficient. \r\n 14. Power for provincial Government to require delivery of expired or cancelled \r\ncertificate. The 4[Provincial Government] may require any certificate of survey, which has expired \r\nor has been suspended or cancelled, to be delivered up to such officer as the 4[Provincial \r\nGovernment] may, by notification7 in the 2[official Gazette], appoint in this behalf. \r\n \r\n1Ins. By A. O., 1937. \r\n2Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “steam-vessel” \r\n3Subs. by A. O., 1937, for “by any L. G”. \r\n4Subs. by A. O., 1937, for “L. G.”. \r\n5Ins. ibid. \r\n6Subs. ibid., for “A certificate of survey may be suspended or cancelled by any L.G. if it has reason to believe___”. \r\n7For notification appointing such officers in ___ \r\n (a) Bombay, see Digest of Acts and Rules, etc., relating to Bombay Survey Department. \r\n8 Subs. by A. O., 1937, for “local official Gazette”. \r\n \r\nPage 11 of 32 \r\n \r\n 1[Where an endorsement on any certificate of survey for any Province has been suspended or \r\ncancelled, the Provincial Government of that Province may require the certificate of survey to be \r\ndelivered up to such officer as that Government may by notification in the official Gazette appoint in \r\nthis behalf, in order that particulars of the suspension or cancellation of the endorsement may be \r\nnoted on the certificate.] \r\n 15. Report of suspension or cancellation of certain certificates. 2[If a Provincial \r\nGovernment suspends or cancels an endorsement made under section 10A on a certificate of survey, \r\nit] shall report the fact of suspension or cancellation, together with the reasons therefor, to the \r\n3[Provincial Government] which (or whose delegate) granted the certificate. \r\n 16. Power for provincial Government to direct survey by two surveyors. A survey shall \r\nordinarily be made by one surveyor, but two surveyors may be employed if the 3[Provincial Govern-\r\nment], by order in writing, so directs either generally in the case of all 4[mechanically propelled \r\nvessels] at any place of survey, or specially in the case of any particular 5[mechanically propelled \r\nvessel] or class of 4[mechanically propelled vessels] at any such place. \r\n 17. Power for provincial Government to order a second survey.___(1) If the surveyor \r\nmaking a survey of a 5[mechanically propelled vessel] refuses to give a declaration under section 7 \r\nwith regard to the 5[mechanically propelled vessel], or gives a declaration with which the owner or \r\nmaster of the 5[mechanically propelled vessel] is dissatisfied, the 3[Provincial Government] may on \r\nthe application of the owner or master, and the payment by him of such fee, not exceeding twice the \r\namount of the fee payable for the previous survey, as the 3[Provincial Government] may require, \r\ndirect two other surveyors to survey the 5[mechanically propelled vessel]. \r\n (2) The surveyors so directed shall forthwith survey the 5[mechanically propelled vessel], and \r\nmay, after the survey, either refuse to give a declaration or give such declaration as, under the \r\ncircumstances, seems to them proper. \r\n (3) Any declaration given, or any refusal to give a declaration under sub-section (2), shall be \r\nfinal. \r\n \r\n 18. Division of duties when two surveyors employed.  When a survey is made by two \r\nsurveyors under either sectio n 16 or section 17, each of the surveyors shall perform the prescribed \r\nportion of the duties assigned to a surveyor under this Act or the rules made thereunder. \r\n \r\n 19. Power for Provincial Government to make rules as to survey. ___(1) The 6[Provincial \r\nGovernment] may 7* * * make rules to regulate the making of surveys 8[and registries]. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay prescribe— \r\n(a)  the times and places at which, and the manner in which, surv eys are to be \r\nmade; \r\n \r\n1Ins. ibid. \r\n2Subs. ibid, for “If the L G. which suspends or cancels a certificate of survey, is not the L. G. which (or whose delegate) granted the certificate, the L.G. \r\nsuspending or cancelling the certificate”. \r\n3Subs. ibid., for “L. G.” \r\n4Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951) s. 2, for “steam-vessels”. \r\n5Subs. ibid., for “steam-vessel”. \r\n6Subs. by A. O., 1937, for “L. G.”. \r\n7The words “with the previous sanction of the G G. in C.” were rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I \r\n8Added and ins. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951) s. 9. \r\n \r\nPage 12 of 32 \r\n \r\n(b)  the duties of the surveyor making a survey and, where two surveyors are \r\nemployed, the respective duties of each such surveyor; \r\n(c)  the form in which declarations of survey and certificates of survey 1[or of \r\nregistry] are to be framed, and the nature of the particulars to be stated therein \r\n2[under sections 7, 9, 19A and 19B]; \r\n(d)  the rates other than those mentioned in Schedules I and IA according to which \r\nthe fees payable in respect of surveys and registry are to be calculated in the \r\ncase of all or any of the places of survey or registry within the territories under \r\nits administration; and \r\n(e)  the cases in which, and the extent to which, a survey or registry may be \r\ndispensed with. \r\n 3[19A. The registrar shall register a mechanically propelled vessel on recepit of an application \r\nfor registry from an owner being a person who fulfils the conditions specified in clause (a) or clause \r\n(b) of sub-section (1) of section 3. \r\n 19B. The registrar shall keep a register book in such form as the Provincial Government may \r\nprescribe. \r\n 19C. On registering a mechanically propelled vessel the registrar shall grant a certificate of \r\nregistry containing the particulars respecting her entered in the register book, and shall assign a \r\nregister number to her which shall be displayed on both her bows, and on her stern, followed by this \r\ndevice, namely, upon a square green ground a white star and crescent whose horns point to the upper \r\nleft corner of the ground. \r\n 19D. The certificate of registry shall always be carried on board the vessel by the owner or \r\nmaster and shall be open to inspection by a person duly authorised by the Provincial Government in \r\nthis behalf. \r\n 19E. In the event of the certificate of registry of the vessel being mislaid, lost or destroyed \r\nthe registrar shall grant a new certificate in lieu of her original certificate on payment of such fee as \r\nmay be prescribed by the Provincial Government. \r\n 19F.__(1) In the event of a vessel registered under this Act being actually or constructively \r\nlost, taken by the enemy, or burnt or broken up, or transferred to a person who does not fulfil the \r\nconditions specified in clause (a) or clause (b) of sub -section (1) of section 3, the owner of the vessel \r\nshall immediately give notice of the event, if notice thereof has not already been given, to the \r\nregistrar, and the registrar shall make an entry thereof in the register book. \r\n (2) In any such case, except where th e vessel's certificate of registry has been lost or \r\ndestroyed, the owner or master of the vessel shall, if the event occurs in the place of registry, \r\nimmediately, and if it occurs elsewhere, then within 10 days of her arrival at the place of registry, \r\ndeliver the certificate to the registrar, or if the vessel is not likely to return to the place of registry, \r\nwithin 10 days of the happening of the event, to the nearest magistrate, and the magistrate shall \r\nforthwith forward the certificate delivered to him to the registrar. \r\n \r\n1Added and ins. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951) s. 9. \r\n2Subs. ibid., for “under sections 7 and 9” \r\n3Sections 19A to 19R ins. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 10. \r\n \r\nPage 13 of 32 \r\n \r\n (3) If the owner or master fails, without reasonable cause to comply with the provisions of \r\nthis section, he shall for each offence be liable to a fine not exceeding one hundred rupees. \r\n 19G.___(1) Whenever a change occurs in the registered ownership of a mechanically \r\npropelled vessel, the change of ownership shall be endorsed on her certificate of registry by the \r\nregistrar. \r\n (2) The owner or master shall for the purposes of such endorsement by the registrar deliver \r\nthe certificate of registry to the registrar forthwith after the change, if the change occurs when the \r\nvessel is at her place of registry, or if it occurs during her absence from that place then upon her first \r\nreturn to that place. \r\n (3) If the owner or master fails to deliver the certificate of registry to the registrar as required \r\nby this section he shall, for each offence, be liable to a fine not exceeding one hundred rupees. \r\n 19H.___(1) If at any place outside Pakistan a mechanically propelled vessel becomes the \r\nproperty of a person who fulfils the conditions specified in clause (a) or clause (b) of sub-section (1) \r\nof section 3, the fact shall be reported to the registrar giving the time of her arrival at the place of \r\nregistry. The following particulars shall also be furnished:— \r\n(a)  the name of the vessel, if any, \r\n(b)  the time and place of her purchase and the name or names of the purchaser or \r\npurchasers, \r\n(c)  the name of her master, and \r\n(d)  the particulars respecting her tonnage, build and description which he is able \r\nto obtain. \r\n 19I.___ (1) A registered inland mechanically propelled vessel or share therein when disposed \r\nof shall be transferred by bill of sale. \r\n (2) Every bill of sale for the transfer within Pakistan of a mechanically propelled vessel \r\nregistered under this Act, when duly executed, shall be presented to the registrar at her place of \r\nregistry, with the declaration of transfer, and he shall thereupon enter the name of the transferee in \r\nthe register book as owner of the vessel, and endorse on the bill of sale the fact of that entry having \r\nbeen made, with the day and hour thereof. \r\n 19J.___ (1) No mechanically propelled vessel registered under this Act shall be transferred or \r\nsold without the previous notice to the registrar to any person unless that person is a Pakistan \r\nnational residing and carrying on business in Pakistan or fulfils the conditions specified in clause (b) \r\nof sub-section (1) of section 3. \r\n (2) Upon receipt of such notice the registrar shall grant him a certificate of transfer or sale \r\nauthorising the transfer or sale accordingly. \r\n 19K.___ (1) If a mechanically propelled vessel is sold to a person being a Pakistan national \r\nresiding and carrying on business in Pakistan or fulfilling the condition specified in clause (b) of \r\nsub-section (1) of section 3, the vessel shall be registered anew. \r\n \r\nPage 14 of 32 \r\n \r\n (2) Before so registering the vessel the registrar shall require the bill of sale by which the \r\nvessel is transferred, the certificate of transfer or sale and the certificate of registry of such vessel. \r\n (3) The registrar shall retain the certificates of sale and registry, after having endorsed on \r\nboth of those instruments an entry of the fact of a sale having taken place. \r\n (4) When he registers a vessel anew under this section the registrar may enter in his register \r\nbook the description of the vessel contained in her original certificate of registry. \r\n 19L. On proof at any time to his satisfaction that a certificate of transfer or sale is lost or \r\ndestroyed, or so obliterated as to be useless, and that the transfer or sale thereby authorised has not \r\nbeen carried out, or if it has been carried out, then on proof of the several matters and things that \r\nhave been done thereunder, the registrar may issue a new certificate, or direct such entries to be \r\nmade in the register book or such other things to be done as might have been made or done if the \r\nloss, destruction or obliteration had not taken place. \r\n 19M.___ (1) When a mechanically propelled vessel registered under this Act is so altered as \r\nnot to correspond with the particulars relating to her tonnage or description contained in the register \r\nbook, the registrar shall, on application being made to him, and on receipt of a certificate from a \r\nsurveyor stating the particulars of the alteration, register the alteration, or, if he thinks fit, register the \r\nvessel anew. \r\n (2) Until such vessel, being so altered, is registered anew or her alteration is registered, as \r\nprovided in sub-section (1), she shall be deemed not to be registered under this Act. \r\n (3) When the registrar registers a vessel anew, under this section there shall be paid in that \r\nbehalf the fee then payable in respect of a vessel of that description registered under this Act for the \r\nfirst time. \r\n (4) When the registrar registers an alteration under this section, the vessel's certificate of \r\nregistry shall be produced before him, and he may, at his discretion, retain it and grant a new certi-\r\nficate of registry containing a description of her, as altered, or endorse and sign on the certificate \r\nproduced before him a memorandum of the alteration. \r\n 19N.___(1) Where a vessel is to be registered anew, the registrar shall proceed as in the case \r\nof first registry, and on the delivery up to him of the existing certificate of registry and upon fulfil-\r\nment of the other requirements for registry or, in the case of a change of ownership, such of them as \r\nhe thinks material, he shall register the vessel anew and grant a certificate thereof. \r\n (2) When a vessel is registered anew, her former register shall be considered as closed, except \r\nso far as it relates to any unsatisfied and unexpired certificate of sale entered thereon, but the names \r\nof all persons appearing on the former register to be interested in her as owners shall be entered on \r\nthe new register and the registry anew shall not in any way affect the rights of any of those persons. \r\n 19O. The registrar shall, not later than the 15th of January and the 15th of July in every year, \r\ntransmit to the Provincial Government particulars, in such form as that Government may direct, of all \r\nregistries and transfers, cancellations of registry and other dealings with vessels registered by him \r\nunder this Act, which have taken place in the last six months of the preceding year or, as the case \r\nmay be, the first six months of the current year, the names of the persons concerned in the same, and \r\nsuch other particulars as may be directed by the Provincial Government. \r\n \r\nPage 15 of 32 \r\n \r\n 19P. The registry of a vessel under this Act once made shall hold good until the vessel is sold \r\nor transferred or is registered anew by reason of having been altered. \r\n 19Q. Notwithstanding anything to the contrary in this Act, the Provincial Government may, \r\nby notification in the official Gazette, declare that the provisions of this Act, in its application by \r\nreason of the terms of clause (1) of section 2 to a sailing boat, dumb barge or any other craft not \r\nmechanically propelled, when towed or pushed by a mechanically propelled vessel, shall have effect \r\nonly to such extent and subject to such modifications as may be specified in the notification. \r\n 19R.___ (1) Where the 1[Federal Government] is satisfied that by the law or practice of any \r\ncountry outside Pakistan, mechanically propelled vessels having a certificate of registration in force \r\nunder this Act- \r\n(a)  obtain by reason of such registration any special exemption in that country \r\nwhile plying in the inland waters thereof, or \r\n(b)  are required as a condition of plying in the inland waters of that country to \r\ncomply with any special requirement, whether by way of registration anew or \r\npayment of a fee or otherwise, the 1[Federal Government] may, by notification \r\nin the official Gazette direct that the same exemption or requirement, or an \r\nexemption or a requirement as similar thereto as may be, shall by way of \r\nreciprocity be granted to, or imposed upon, inland steam vessels registered in \r\nthat country while plying in the inland waters of the territories to which this \r\nAct extends. \r\n (2) The 1[Federal Government] may by notification in the official Gazette direct that the \r\nabove provisions governing reciprocity in the matter of certificates of registration shall apply, so far \r\nas may be, to certificates of survey of the vessels and certificates of competency and licences issued \r\nunder the provisions of sections 9, 21, 22, and 22A of the Act.] \r\nCHAPTER III \r\nMASTERS (INCLUDING SERANGS) AND ENGINEERS (INCLUDING \r\nENGINE-DRIVERS) OF 2[MECHANICALLY PROPELLED VESSELS] \r\n 20. Appointment of examiners. The 3[Provincial Government] may appoint examiners for \r\nthe purpose of examining the qualifications of persons desirous of obtaining certificates (hereinafter \r\ncalled certificates of competency), to the effect that they are competent to act as masters or serangs, \r\nor as engineers or engine-drivers, as the case may be, on board 2[mechanically propelled vessels]. \r\n 21. Grant of masters serangs, engineers, and engine drivers, certificate of \r\ncompetency.___(1) The 3[Provincial Government] or such officer as it may, by notification in the \r\n4[official Gazette], appoint in this behalf, shall grant to every person who is reported by the exami-\r\nners to possess the prescribed qualifications, a certificate of competency to the effect that he is \r\ncompetent to act as a first-class master, second-class master or serang, or as an engineer, first  class \r\nengine-driver or second-class engine-driver, as the case may be, on board an 5[mechanically \r\npropelled vessel]: \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Subs. by the Inland Steam-vessels (Arndt.) Act, 1951 (25 of 1951), s. 2, for “.INLAND STEAM-VESSELS”. \r\n3Subs. by A. O., 1937, for “L. G.”: \r\n4Subs. by A. O., 1937, for “local official Gazette”. \r\n5Subs. by Act 25 of 1951, s. 2, for “inland steam-vessel”. \r\n \r\nPage 16 of 32 \r\n \r\n Provided nevertheless that, before granting a certificate of competency under this Act, the \r\nauthority empowered to grant such certificate may, if it considers the report of the examiners \r\nregarding any applicant for such certificate to be defective, or has reason to believe that such report \r\nhas been unduly made, require a further examination or a re-examination of the applicant. \r\n (2) Every certificate granted under this section shall be in the prescribed form. \r\n 22. Grant of masters serangs engineers and engine drivers certificate of service.___(1) \r\nThe 1[Provincial Government] may, 2[if it thinks fit], grant without examination to any person who \r\nhas served as a master or as an engineer, of an 3[mechanically propelled vessel] before the first day \r\nof April, 1890, a certificate (hereinafter called a certificate of service) to the effect that he is, by \r\nreason of his having so served, competent to act as a first-class master, second- class master or \r\nserang, or as an engineer, first-class engine-driver or second-class engine-driver, as the case may be, \r\non board an 3[mechanically propelled vessel]. \r\n (2) A certificate of service so granted shall have the same effect as a certificate of \r\ncompetency granted under this Act after examination. \r\n 4[22A. Licences.___(1) The 1[Provincial Government] may also, 2[if it thinks fit], grant— \r\n \r\n(a)  to a person who is in possession of a second-class master's certificate granted \r\nunder section 21 or section 22, and has, by virtue of such certificate, acted as \r\nmaster of an 3[mechanically propelled vessel] having engines of forty or more \r\nnominal horsepower for a period of not less than five years, or \r\n \r\n(b)  to a person who is in possession of a first-class engine-driver's certificate \r\ngranted under section 21 or section 22, 5* * * and has, by virtue of such \r\ncertificate, served as an engine-driver of an 3[mechanically propelled vessel] \r\nhaving engines of not less than seventy nominal horse power for five years, for \r\nnot less than two and a half years of which period he has been the \r\nengine-driver of such vessel within the meaning of section 26, \r\n \r\na license authorising such person to act as master or engineer, as the case may \r\nbe, of any 3[mechanically propelled vessel] having engines of one hundred and \r\nseventy nominal horse-power or of such less nominal horse-power 6[as such \r\nGovernment] may deem fit. \r\n \r\n (2) Any such licence shall remain in force only for such time as the person holding the same \r\nis in possession of an entitled to a master's or an engine-driver's certificate, as the case may be, of the \r\nnature referred to in sub-section (1): \r\n \r\n Provided that the 1[Provincial Government] may, 3[if it thinks fit], suspend, cancel or vary the \r\nconditions of any such licence.] \r\n \r\n23. Certificate to be made in duplicate.  Every certificate of competency or service 7[and every \r\nlicence] granted under this Act shall be made in duplicate, and one copy shall be delivered to the \r\nperson entitled to the certificate, 7[or licenc e] and the other shall be kept and recorded in the \r\nprescribed manner. \r\n \r\n1Subs. by A. O., 1937, for “L. G.”. \r\n2Subs. ibid., for “in its discretion”. \r\n3Subs by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland steam-vessel” \r\n4S. 22A ins. by the Inland Steam-vessels (Amdt.) Act, 1920 (6 of 1920), s. 2. \r\n5Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch, II. \r\n6Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s. 2., and Sch. I, for “as to such Govt.” \r\n7Ins. by the Inland Steam-vessels (Amdt.) Act, 1920 (6 of 1920), s. 3. \r\n \r\n \r\nPage 17 of 32 \r\n \r\n 24. Copy of certificate or licence to be granted in certain. cases. Whenever a master or \r\nserang, or an engineer or engine-driver, proves, to the satisfaction of the authority which granted his \r\ncertificate 1[or licence] that he has, without fault on his part, lost or been deprived of it, a copy of the \r\ncertificate 1[or licence] to which, according to the record kept under section 23, he appears to be \r\nentitled shall be granted to him, and shall have the same effect as the original. \r\n 25. Certificates to be held by master and engineer of vessel of one hundred or more \r\nhorse-power. 2[A] 3[mechanically propelled vessel] having engines of 4[one hundred] or more \r\nnominal horse-power shall not proceed on any voyage unless she has— \r\n(a)  as her master a person possessing a first-class master's certificate granted \r\nunder this Act, 5* * * or granted under, or continued in force by, the Merchant \r\nShipping Act, 1894, 6[or a master's licence granted under section 22A and \r\napplicable to such vessel and voyage], and 57 & 58 Vict., c. 60. \r\n(b)  as her engineer a person possessing an engineer's certificate granted under this \r\nAct, 5* * * or granted under or continued in force by the 7[Merchant Shipping \r\nAct, 1923], 8[or an engine-driver's licence granted under section 22A and \r\napplicable to such vessel and voyage]. \r\n 26. Certificates to be held by master and engineer of vessel of between forty and one \r\nhundred horse-power. 9[A] 10[mechanically propelled vessel] having engines of 11[forty] or more \r\nnominal horse-power, but of less than 12[one hundred] nominal horse -power, shall not proceed on \r\nany voyage unless she has- \r\n(a)  as her master a person possessing a second-class master's certificate granted \r\nunder this Act, or any certificate referred to in clause (a) of section 25, and \r\n(b)  as her engineer a person possessing a first-class engine driver's certificate \r\ngranted under this Act, 13* * * or any certificate referred to in clause (b) of \r\nsection 25: \r\n Provided that a 10[mechanically propelled vessel] shall be deemed to have complied with this \r\nsection if she has as her master and engineer a person possessing both a certificate referred to in \r\nclause (a), and a certificate referred to in clause (b) of this section. \r\n \r\n 27. Certificate s to be held by master and engineer of vessel of less than forty horse -\r\npower 9[A] 10[mechanically propelled vessel] having engines of less than 11[forty] nominal \r\nhorse-power shall not proceed on any voyage unless she has— \r\n \r\n1Ins. ibid., s. 4. \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “An” \r\n3Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland steam-vessel” \r\n4Subs. by Act, 6 of 1920, s. 5 for “eighty”. \r\n5Certain words omitted by Ord. 27 of 1981, s. 3 and Sch., II. \r\n6Ins. by Act 6 of 1920, s. 5. \r\n7Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for Merchants Shipping Act, 1894.”. \r\n8Ins. by the Inland Steam-vessels (Amdt.) Act, 1920 (6 of 1920), s. 5.) \r\n9Subs. by Ord. 27 of 1981, s. 3 and Sch. II for “An” \r\n10Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland steam-vessel”. \r\n11Subs. by Act 6 of 1920, sections 6 and 7, for “thirty”. \r\n12Subs. ibid., for “eighty \r\n13Certain words omitted by Ord. 27 of 1981, s. 3 and Sch. II. \r\n14Subs. by the Inland Steam-vessels (Amdt.) Act, 1920 (6 of 1920), s.5. \r\n \r\n  \r\n \r\nPage 18 of 32 \r\n \r\n(a)  as her master a person possessing a serang's certificate granted under this Act, \r\nor any certificate referred to in clause (a) of section 26, and \r\n(b)  as her engineer a person possessing a second-class engine-driver's certificate \r\ngranted under this Act, or any certificate referred to in clause (b) of section 26: \r\n Provided that a 1[mechanically propelled vessel] shall be deemed to have complied with this \r\nsection if she has as her master and engineer a person possessing both a certificate referred to in \r\nclause (a), and a certificate referred to in clause (b) of this section. \r\n 28. Power for Provincial Government to require master or engineer to hold certificate \r\ngranted under Act in addition to other certificate. Notwithstanding anything in this Chapter, the \r\n2[Provincial Government] may, by general or special order, direct that a person possessing— \r\n(a)  a master's certificate 2* * * granted under, or continued in force by, the \r\n3[Merchant Shipping Act, 1923] (XXI of 1923), or \r\n(b)  2* * * an engineer's certificate granted under, or continued in force by, the \r\n3[Merchant Shipping Act, 1923], (XXI of 1923), shall not act as master or \r\nengineer, as the case may be, of a 4[mechanically propelled vessel] unless he \r\nalso possesses— \r\n(i)  in case (a), such a master's or serang's certificate granted under this Act \r\nas qualifies him under this Chapter to act as master of the \r\n4[mechanically propelled vessel], or \r\n(ii)  in case (b), such an engineer's or engine-driver's certificate granted \r\nunder this Act as qualifies him under this Chapter to act as engineer of \r\nthe 4[mechanically propelled vessel]]: \r\n Provided that, for the purposes of this section, the 2[Provincial Government] may, 5[if it \r\nthinks fit], grant to any person, without examination, a master's or serang's or an engineer's or \r\nengine-driver's certificate of competency under this Act, and such certificate shall have the same \r\neffect as a certificate of competency granted under this Act after examination. \r\n 29. Power for Provincial Government to make rules as to grant of certificates of \r\ncompetency.___(1) The 2[Provincial Government] may 6* * * make rules to regulate the granting of \r\ncertificates of competency under this Chapter. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay prescribe— \r\n(a)  the times and places of holding and the mode of conducting examination of \r\npersons desirous of obtaining certificates of competency; \r\n \r\n1Subs. by the Inland Steam -vessels (Amdt.) Act, 19 51 (25 of 1951), s. 2, for “Inland Steam -vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland \r\nsteam-vessel”. \r\n2Subs. by A.O., 1937, for “L.G.”. \r\n3Subs. ibid., for “Merchant Shipping Act, 1894”. \r\n4Subs. ibid., for “steam-vessel”. \r\n5Subs. by A.O.,1937, for in its discretion”. \r\n6The words with the previous sanction of the G.G. in C. rep., ibid. \r\n \r\nPage 19 of 32 \r\n \r\n(b)  the qualifications to be required of persons desirous of obtaining such \r\ncertificates; \r\n(c)  the examination fees to be paid by such persons; and \r\n(d)  the forms in which such certificates are to be framed, and the authority by \r\nwhom, and the manner in which, copies are to be kept and recorded under \r\nsection 23. \r\n [30. Power for Provincial Government to make rules as to grant of certificate of service. \r\nThe 1[Provincial Government] may also make rules to regulate the granting of certificates of service \r\nunder section 22, and may by such rules prescribe in particular— \r\n(a)  the fees to be paid for such certificates; And \r\n(b)  the forms in which such certificates are to be framed, and the authority by \r\nwhom, and the manner in which, copies are to be kept and recorded under \r\nsection 23. \r\n 2[30A. Power for Provincial Government to make rules as to grant of licences. The \r\n1[Provincial Government] may also make rules to regulate the granting of licences under section \r\n22A, and may by such rules prescribe in particular— \r\n(a)  the fees (if any) to be paid for such licences, and \r\n(b)  the forms in which such licences are to be framed and the authority by whom \r\nand the manner in which copies are to be kept and recorded under section 23.] \r\n 31. Area in which certificates of competency or service and licences shall have effect. 3[A \r\ncertificate of competency or service or a licence granted under this Chapter] shall have effect \r\nthroughout the Province in which it was granted: \r\n Provided that the authority granting such certificate 4[or licence] may, by endorsement \r\nthereon, restrict the effect of such certificate 4[or licence] to any part of such Province: \r\n Provided further that such certificate 4[or licence] may be endorsed by the 1[Provincial \r\nGovernment] of any other Province, or with the general or special sanction of the 1[Provincial \r\nGovernment] of such other Province, by the authority granting it so as to have effect in such other \r\nProvince or any part thereof, and thereupon shall have effect accordingly. \r\n \r\nCHAPTER IV \r\nINVESTIGATIONS INTO CASUALTIES \r\n \r\n 32. Report of casualties to be nearest police station.Whenever ___ \r\n \r\n(a)  any 5[mechanically propelled vessel] has been wrecked, abandoned or \r\nmaterially damaged; or \r\n1Subs. by A O., 1937, for “L. G.” \r\n2Section 30A ins. by the Inland Steam-vessels (Amdt.) Act, 1920 (6 of 1920), s. 8. \r\n3Subs. by A. O., 1937 for” Certificates of competency or service and licences granted under this Chapter shall have effect as follows, namely:- \r\n(i) A certificate of competency or service as engineer or engine-drive shall have effect throughout British India. \r\n(ii) A certificate of competency or service as master or serang and a licence” \r\n4Ins. by Act 6 of 1920, s. 9. \r\n5Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland steam-vessel” \r\n \r\nPage 20 of 32 \r\n \r\n(b)  by reason of any casualty happening to, or on board of, any 1[mechanically \r\npropelled vessel], loss of life has ensued; or \r\n \r\n(c)  any 1[mechanically propelled vessel] has caused loss or material damage to \r\nany other vessel, \r\n \r\n the master of the 2[mechanically propelled vessel] shall forthwith give notice of the wreck, \r\nabandonment, damage, casualty, or loss to the officer in charge of the nearest police-station. \r\n \r\n 33. Power for Provincial Government to appoint Court of investigation.___ (1) If a formal \r\ninvestigation into the facts of any case reported under section 32 appears to the 3[Provincial \r\nGovernment] to be expedient, the 3[Provincial Government] may— \r\n \r\n(a)  appoint a special Court and direct the Court to make the investigation at such \r\nplace as the 3[Provincial Government] may fix in this behalf; or \r\n \r\n(b)  direct any principal Court of ordinary criminal jurisdiction or the Court of any \r\nDistrict Magistrate to make the investigation. \r\n \r\n (2) A special Court appointed under clause (a) of sub-section (1) shall consist of not less than \r\ntwo nor more than four persons, of whom one shall be a Magistrate, one shall be a person conversant \r\nwith maritime affairs or with the navigation of 4[mechanically propelled vessels], and the other or \r\nothers (if any) shall be conversant with either maritime or mercantile affairs, or with the navigation \r\nof 4[mechanically propelled vessels]. \r\n \r\n 34. Power of Court of investigation to inquire into charges of incompetency or \r\nmisconduct.___ (1) Any Court making an investigation under section 33 may inquire into any charge \r\nof incompetency or misconduct arising in the course of the investigation against any master, engineer \r\nor engine-driver, or any person holding a certificate granted under Chapter III, as well as into any \r\ncharge of a wrongful act or default on his part causing any wreck, abandonment, damage, casualty, \r\nor loss referred to in section 32. \r\n \r\n (2) In every case in which any such charge arises against any master, engineer or \r\nengine-driver, or any person holding a certificate granted under Chapter III in the course of an \r\ninvestigation, the Court shall, before the commencement of the inquiry into the charge, cause to be \r\nfurnished to him a copy of the report or of any statement of the case upon which the investigation has \r\nbeen directed. \r\n \r\n 35. Power for Provincial Gov ernment to direct investigation otherwise than under \r\nsection 33.— (1) If the 3[Provincial Government] has reason to believe that there are grounds for \r\ncharging any master, engineer or engine -driver, or any person holding a certificate granted under \r\nChapter III, with incompetency or misconduct, otherwise than in the course of an investigation under \r\nsection 33, it may send a statement of the case to the principal Court of ordinary criminal \r\njurisdiction, or the Court of the District Magistrate, at or nearest t o the place at which it may be \r\nconvenient for the parties and witnesses to attend, and may direct the Court to make an investi gation \r\ninto the charge. \r\n \r\n (2) Before commencing an investigation under sub -section (1), the Court shall cause the \r\nperson charged to be furnished with a copy of the statement of the case sent by the 3[Provincial \r\nGovernment]. \r\n \r\n1Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland steam-vessel”. \r\n2Subs. ibid., for “steam-vessel”. \r\n3Subs. by A. O., 1937, for “L. G”. \r\n4Subs. by Act 25 of 1951, s. 2, for “inland steam-vessels”. \r\n \r\nPage 21 of 32 \r\n \r\n 36. Person charged to be heard. For the purpose of an investigation under this Chapter into \r\nany charge against a master, engineer or engine-driver, or any person holding a certificate granted \r\nunder Chapter III, the Court may summon him to appear, and shall give him full opportunity of \r\nmaking a defence, either in person or otherwise. \r\n 37. Assessors.___ (1) When, in the opinion of the Court making an As investigation under this \r\nChapter, the investigation involves, or appears likely to involve, any question as to the cancelling or \r\nsuspension of the certificate of a master, engineer or engine-driver, or any person holding a \r\ncertificate granted under Chapter III, the Court shall appoint as its assessors, for the purposes of the \r\ninvestigation, two persons having experience in the merchant service or in the navigation of \r\n1[mechanically propelled vessels]. \r\n (2) In every other investigation the Court may, if it thinks fit, appoint as its assessor, for the \r\npurposes of the investigation, any person conversant with maritime affairs or the navigation of \r\n1[mechanically propelled vessels] and willing to act as assessor. \r\n (3) Every person appointed as an assessor under this section shall attend during the \r\ninvestigation and deliver his opinion in writing, to be recorded on the proceedings. \r\n \r\n 38. Powers of courts as to evidence and regulation of proceedings. For the purpose of any \r\ninvestigation under this Chapter, the Court making the investigation shall, so far as relates to \r\ncompelling the attendance and examination of witnesses, and the Production of documents and the \r\nregulation of the proceedings, have— \r\n \r\n(a)  if the Court is a special Court-the same powers as are exercisable by the \r\nprincipal Court of ordinary criminal jurisdiction for the place at which the \r\ninvestigation is made; or \r\n \r\n(b)  if the Court is a principal Court of ordinary criminal jurisdiction or the Court \r\nof the District Magistrate the same powers as are exercisable respectively by \r\neither Court in the exercise of its criminal jurisdiction. \r\n \r\n 39. Power of Court to effect arrest of witnesses by entry and detention of vessels.___ (1) If \r\nany Court making an investigation under this Chapter issues a warrant of arrest to compel the \r\nattendance of any person whose evidence is in its opinion necessary, it may, for the purpose of \r\neffecting the arrest, but subject to any general or special instructions issued by the 2[Provincial \r\nGovernment] in this behalf, authorise any officer to enter any vessel. \r\n \r\n (2) An officer so authorised to enter any vessel may, for the purpose of enforcing the entry, \r\ncall to his aid any officers of Police or Customs, or any other persons, and may seize and detain the \r\nvessel for such time as is reasonably necessary to effect the arrest; and every such officer or other \r\nperson shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV \r\nof 1860). \r\n \r\n (3) No person shall be detained under this section for more than forty-eight hours. \r\n \r\n 40. Power of Court to commit for trial and to bind over witnesses. Whenever, in the \r\ncourse of an investigation under this Chapter, it appears to the Court making the investigation that \r\nany person has committed, within 3[Pakistan], an offence punishable under any law in force in \r\n3[Pakistan], the Court making the investigation may (subject to such rules consistent with this Act as \r\nthe High Court may, from time to time, make in this behalf)— \r\n \r\n1Subs. by the Inland Steam-vessels (Amdt.). Act, 1951 (25 of 1951), s. 2. for “inland steam-vessels”.  \r\n2Subs. by A. O., 1937, for “ L.G.”. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and Ind Sch. (s), for  “the Provinces and the Capital of the Federation \r\nwhich had been subs, by A. O., 1949, Arts. 3(2) and 4, for “British India”. \r\n \r\nPage 22 of 32 \r\n \r\n  (a)  cause such person to be arrested; \r\n(b)  commit him or hold him to bail to take his trial before the proper Court; \r\n(c)  bind over any other person to give evidence at such trial; and \r\n(d)  exercise, for the purposes of this section, all the powers of a Magistrate of the \r\nfirst class 1* * *. \r\n 41. Depositions of absent witnesses.___ (1) Whenever, in the course of a trial refereed to in \r\nsection 40, the evidence of any witness is required in relation to the subject-matter, any deposition \r\npreviously made by him in relation to the same subject matter before any Court making an \r\ninvestigation under this Chapter shall, if authenticated by the signature of the Magistrate or presiding \r\nJudge of such Court, be admissible in evidence on proof— \r\n(a)  that the witness cannot be found within the jurisdiction of the Court before \r\nwhich the trial is held; and \r\n(b)  that the deposition was made in the presence of the person accused, and that \r\nhe had an opportunity of cross-examining the witness. \r\n \r\n (2) A certificate signed by such Magistrate or presiding Judge that the deposition was made \r\nin the presence of the accused, and that he had an opportunity of cross-examining the witness shall, \r\nunless the contrary be proved, be sufficient evidence that it was so made and that the accused had \r\nsuch opportunity. \r\n 42. Report by court to provincial Government. The Court shall, in the case of every \r\ninvestigation under this Chapter, transmit to the 2[Provincial Government] a full report of the \r\nconclusions at which it has arrived, together with the evidence recorded and the written opinion of \r\nany assessor. \r\n 43. Court to exercise its powers independently of the assessors. Notwithstanding the \r\nappointment under section 37 of an assessor or assessors by a Court making an investigation under \r\nthis Chapter, the exercise of all powers conferred on such Court by this Act shall rest with the Court \r\nalone. \r\n 44. Power for Provincial Government to direct investigation into causes of explosions on \r\nmechanically propelled vessels.___ (1) Whenever any explosion occurs on board any 3[mechanically \r\npropelled vessel], the 2[Provincial Government] may direct that an investigation into the cause of the \r\nexplosion be made by such person or persons as it may appoint in this behalf. \r\n (2) The person or persons so appointed may, for the purpose of the investigation, enter into \r\nand upon the 4[mechanically propelled vessel], with all necessary workmen and labourers, and \r\nremove any portion of the 4[mechanically propelled vessel] or of the machinery thereof, and shall \r\nreport to the 5[Provincial Government] what, in his or their opinion, was the cause of the explosion. \r\n \r\n (3) Every person making an investigation under this section shall be deemed to be a public \r\nservant within the meaning of the Pakistan Penal Code6 (XLV of 1860). \r\n \r\n1The words “or of a Presidency Magistrate” omitted by A. O., 1949; Sch. \r\n2Subs. by A. O., 1937 for “L. G.”.) \r\n3Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), a. 2, for “inland steam-vessel”. \r\n4Subs. ibid ., for “steam-vessel” \r\n5Subs. by A. O., 1937 for “L. G.”.) \r\n6A new section 44A has been inserted after section 44 in the application of this Act to th e Province of Sind, see Inland Steam-vessels (Sindh Amdt.) \r\nAct, 1941 (Sind Act 21 of 1941). \r\n \r\nPage 23 of 32 \r\n \r\nCHAPTER V \r\nSUSPENSION AND CANCELLATION OF \r\nCERTIFICATES GRANTED UNDER THE ACT \r\n 45. Power for Provincial Government to suspend or cancel certificate in certain cases. \r\n1[Any certificate granted or any endorsement made under Chapter III may be suspended or cancelled \r\nby the Government of the Province in which the certificate was granted or, as the case may be, in \r\nrespect of which the endorsement was made, in the following cases, namely]:— \r\n(a)  if, on any investigation made under this Act, the Court reports that the wreck \r\nor abandonment of, or loss or damage to, any vessel, or loss of life, has been \r\ncaused by the wrongful act or default of the holder of such certificate, or that \r\nthe holder of such certificate is incompetent, or has been guilty of any gross \r\nact of drunkenness, tyranny or other misconduct; or \r\n(b)  if the holder of such certificate is proved to have been convicted of any \r\nnon-bailable offence; or \r\n(c)  if, in the case of a person holding a certificate of competency or service as \r\nsecond-class master or serang, or as engine-driver, such person is or has \r\nbecome, in the opinion of the 2[Provincial Government], unfit to act as a \r\nsecond-class master or serang, or as an engine-driver, as the case may be: \r\n Provided that a certificate 3[or endorsement] shall not be suspended or cancelled under clause \r\n(a), unless the 2[Provincial Government] is satisfied that the holder of the certificate has, before the \r\ncommencement of the investigation, been furnished with a copy of the report or statement of the case \r\nas required by section 34 or section 35, as the case may be. \r\n 46. Obligation to deliver up suspended or cancelled certificate. Every person whose \r\ncertificate is suspended or cancelled under this Chapter shall deliver it up to such person as the \r\n2[Provincial Government] which suspended or cancelled it may direct. \r\n 47. Report to other Provincial Government. 4[If a Provincial Government suspends or \r\ncancels an endorsement under this Chapter, it] shall report the proceedings and the fact of suspension \r\nor cancellation to the 2[Provincial Government] by which, or under authority from which 5[the \r\ncertificate] was granted. \r\n 48. Power for Provincial Government to revoke suspension or cancellation and to grant \r\nnew certificate.___ (1) Any 2[Provincial Government] may, at any time, revoke any order of \r\nsuspension or cancellation which it may have made under this Chapter, or grant, without \r\nexamination, to any person whose certificate it has so cancelled, a new certificate. \r\n \r\n (2) A certificate so granted shall have the same effect as a certificate of competency grant ed \r\nunder this Act after examination. \r\n \r\n \r\n1Subs. by A. O., 1937, for “Any certificate granted under Chapter III, may be suspended or cancelled by the L.G. by which, or under authority from \r\nwhich, it was granted, or by any other L. G. in the following cases, namely”. \r\n2Subs. by A. O., 1937, for “L. G.”. \r\n3Ins., ibid. \r\n4Subs. by A. O., 1937, for “if  the L. G. which suspends or cancels a certificate under this Chapter is not the L. G. by  which or under authority from \r\nwhich, such certificate was granted, the L. G. so suspending or cancelling the certificate”. \r\n5Subs. ibid., for “such certificate”. \r\n \r\nPage 24 of 32 \r\n \r\nCHAPTER VI \r\nPROTECTION OF, AND CARRIAGE OF PASSENGERS IN, \r\n1[MECHANICALLY PROPELLED VESSELS]. \r\n 49. Power for Provincial Government to declare dangerous goods. The 2[Provincial \r\nGovernment] may, by notification3 in the 4[official Gazette], declare what shall, for the purposes of \r\nthis Act, be deemed to be dangerous goods. \r\n 50. Carriage of dangerous goods.___ (1) No person shall___ \r\n(a)  take with him on board a 5[mechanically propelled vessel] any dangerous \r\ngoods without giving notice of their nature to the owner or master of the \r\n6[mechanically propelled vessel]; or \r\n(b)  deliver or tender for carriage on such 1[mechanically propelled vessel] any \r\ndangerous goods without giving such notice, and without distinctly marking \r\ntheir nature on the outside of the package containing the goods. \r\n (2) If the owner or master of an 7[mechanically propelled vessel] suspects, or has reason to \r\nbelieve, that any luggage or parcel taken, delivered, or tendered for carriage on the 1[mechanically \r\npropelled vessel] contains dangerous goods, he may— \r\n(i)  refuse to carry it upon the1[mechanically propelled vessel]; or \r\n(ii)  require it to be opened to ascertain the nature of its contents; or \r\n(iii)  if it has been received for carriage, stop its transit until he is satisfied as to the \r\nnature of its contents. \r\n 51. Power of owner or master of mechanically propelled vessel to throw overboard \r\ndangerous goods. Where any dangerous goods have been taken or delivered on board any \r\n7[mechanically propelled vessel] in contravention of section 50, the owner or master of the \r\n8[mechanically propelled vessel] may, if he thinks fit, cause the goods to be thrown overboard, \r\ntogether with any package or receptacle in which they are contained, and neither the owner nor the \r\nmaster shall, in respect of his having so caused the goods to be thrown overboard, be subject to any \r\nliability, civil or criminal, in any Court. \r\n \r\n \r\n 52. Power for provincial government to make rules for protection of mechanically \r\npropelled vessels from accidents. ___ (1) The 9[Provincial Government] may make rules for the \r\nprotection of 5[mechanically propelled vessels] against explosion, fire, collision and other accidents. \r\n \r\n (2) In particular and without prejudice t o the generality of the foregoing power, such rules \r\nmay— \r\n \r\n \r\n1Subs. by the Inland Steam-vessels (Arndt.) Act, 1951 (25 of 1951) s., 2 for “INLAND STEAM VESSELS”. \r\n2Subs. by A. O., 1937, for “G. G. in C.” \r\n3For notification declaring certain articles to be dangerous goods, see Gen. R. & O. \r\n4Subs. by A. O., 1937, for “Gazette of India” \r\n5Subs. by Act 25 of 1951, s. 2 for “inland steam-vessel”. \r\n6Subs. ibid., for “steam-vessel” \r\n7Subs ibid., for “inland steam-vessel”. \r\n8Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “steam-vessel”. \r\n9Subs. by A. O., 1937, for “L. G.”. \r\n \r\nPage 25 of 32 \r\n \r\n(a)  prescribe the conditions on, and subject to, which dangerous goods may be \r\ncarried on board 1[mechanically propelled vessels]; \r\n(b)  prescribe precautions to be taken to prevent explosions or fires on board \r\n1[mechanically propelled vessels]; \r\n(c)  prescribed the apparatus which is to be kept on board 2[mechanically propelled \r\nvessels], for the purpose of extinguishing fires; \r\n(d)  regulate the making of sound signals; \r\n(e)  regulate the carriage and exhibition of lights by 1[mechanically propelled \r\nvessels]; \r\n(f)  regulate the carriage and exhibition of lights by other vessels on specified \r\ninland waters on which 3[mechanically propelled vessels] ply; \r\n(g)  prescribe the steering rules to be observed; \r\n(h)  regulate the towing of vessels astern or alongside; \r\n(i)  prescribe the speed at which 2[mechanically propelled vessels] may be \r\nnavigated in specified areas; and \r\n(j)  regulate the navigation of 2[mechanically propelled vessels] to prevent danger \r\nto other vessels, or to the banks, channels, navigation marks or any property, \r\nmoveable or immoveable, in or abutting on navigable channels. \r\n (3) Any rule made under this section may contain a provision that any person committing a \r\nbreach of it shall be punishable with imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to five hundred rupees, or with both. \r\n 53. Power for Provincial Government to make rules as to carriage of passengers in \r\nmechanically propelled vessels.___(1) The 4[Provincial Government] may make rules to regulate the \r\ncarriage of passengers in 2[mechanically propelled vessels]. \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay— \r\n(a)  prescribe the cases in which passengers may be refused admission to, or may \r\nbe required to leave, 2[mechanically propelled vessels], \r\n(b)  provide for the payment of fares, and the exhibition of tickets or receipts (if \r\nany) showing the payment of their fares, by pass engers in 2[mechanically \r\npropelled vessels]; and \r\n(c)  regulate generally the conduct of passengers in 2[mechanically propelled \r\nvessels.] \r\n1Subs. by Act 25 of 1951, s. 2, for “inland steam vessels.”. \r\n2Subs. by the Inland Steam-vessels (Arndt.) Act, 1951 (25 of 1951) S., 2 for “Inland steam vessels”. \r\n3Subs ibid., for “steam-vessels”. \r\n4Subs. by A. O., 1937, for “L. G.”. \r\n \r\n \r\n \r\nPage 26 of 32 \r\n \r\n (3) Any rule made under this section may contain a provision that any person committing a \r\nbreach of it shall be punishable with fine which may extend to twenty rupees. \r\n (4) The master or any other officer of an 1[mechanically propelled vessel], and any person \r\ncalled by him to his assistance, may arrest any person who has committed a breach of any rule made \r\nunder this section if the name and address of such person are unknown to the master or such other \r\nofficer. \r\n \r\n (5) The procedure prescribed by section 59 of the Code of Criminal Procedure, 1898 (V of \r\n1898), in the case of arrest by private persons shall apply to every arrest made under this section. \r\n 54. Power for Provincial Government to make rules for protection of passengers.___(1) \r\nThe 2[Provincial Government] may also make rules for the protection of passengers in \r\n1[mechanically propelled vessels], and may by such rules require— \r\n(a)  the prices of passenger tickets to be printed or otherwise denoted on such \r\ntickets; and \r\n(b)  the supply, free of charge, of a sufficient quantity of fresh water for the use of \r\nsuch passengers. \r\n (2) Any rule made under this section may contain a provision that any person committing a \r\nbreach of it shall be punishable with fine which may extend to fifty rupees. \r\n 3[54A. Power of Provincial Government to fix maximum and minimum rates for \r\npassenger fares and freight for goods.___ (1) The 4[Provincial Government] may, by notification in \r\nthe 5[official Gazette], after such inquiry as 6[it] May consider necessary, in respect of any system of \r\ninland waterways, or of any stretch of inland waterway, or of the run between any two stations on an \r\ninland waterway,— \r\n(a)  fix the maximum or minimum rate per mile which may be charged for \r\npassenger fares for passengers of any class travelling on 1[mechanically \r\npropelled vessels]; \r\n(b)  fix the maximum rate per mile which may be charged for freight on goods of \r\nany description carried in 7[mechanically propelled vessels]; \r\n \r\n \r\n(c)  fix the minimum rate per mile which may be charged for freight on goods of \r\nany description carried in 7[mechanically propelled vessels]; and \r\n(d)  declare what shall be deemed to be the distance between any two stations on \r\nan inland waterway for the purpose of calculating passengers' fares or freight \r\non goods where maximum or minimum rates have been fixed under this \r\nsection. \r\n  8*       *       *       *       *       *       *       *       * \r\n1Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2 for “inland steam-vessels”.  \r\n2Subs. by A. O., 1937, for “L. G.”. \r\n3Ins. by the Inland Steam-vessels (Amdt.) Act, 1930 (13 of 1930), s. 2. \r\n4Subs. by A. O., 1937, for “G. G. in C.”. \r\n5Subs. ibid., for “Gazette of India” \r\n6Subs. ibid., for “he”. \r\n7Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s.2, for “inland steam-vessels”. \r\n8Sub-section (2) omitted ibid., s. 11. \r\n \r\nPage 27 of 32 \r\n \r\n 1[54AA. Publication of times of sailing fares and freights. The owner of a mechanically \r\npropelled vessel shall publish as often as may be necessary (i) tables showing the times of sailing and \r\nfares, and (ii) tariffs showing freights, and shall put the same on sale to the public.] \r\n 2[54B. Power to make rules providing for the appointment of advisory Committees. The \r\n3[Provincial Government] may make rules providing for the appointment, constitution, procedure \r\nand functions of Committees to advise the owners, agents and charterers of 4[mechanically propelled \r\nvessels] on questions affecting the interests of passengers and shippers of goods.] \r\nCHAPTER VII \r\nPENALTIES AND LEGAL PROCEEDINGS \r\n 55. Penalty for making voyage without certificate of survey.___(1) If any 5[mechanically \r\npropelled vessel] proceeds on a voyage in contravention of section 3, the owner and the master of the \r\n6[mechanically propelled vessel] shall each be punishable with fine, which may extend to one \r\nthousand rupees. \r\n (2) If the master or any other officer on board on 5[mechanically propelled vessel] which \r\nproceeds on voyage in contravention of section 3 is a licensed pilot he shall be liable to have his \r\nlicence as a pilot suspended or cancelled, for any period, by the 3[Provincial Government]. \r\n 56. Penalty for neglect to affix certificate of survey in mechanically propelled vessel. If \r\nthe certificate of survey is not kept affixed in an 4[mechanically propelled vessel] as required by \r\nsection 10, the owner and the master of the 6[mechanically propelled vessel] shall each be \r\npublishable with fine which may extend to one hundred rupees. \r\n 57. Penalty for neglect or refusal to deliver up certificate of survey. If the owner or master \r\nof an 4[mechanically propelled vessel], without reasonable cause, neglects or refuses to deliver up a \r\ncertificate of survey when required under section 14 so to do, he shall be punishable with fine which \r\nmay extend to one hundred rupees. \r\n 58. Penalty for carrying excessive number of passengers on board.  If an 4[mechanically \r\npropelled vessel] has on board or in any part thereof a number of passengers which is greater than the \r\nnumber set forth in the certificate of survey as the number of passengers which the vessel or the part \r\nthereof is, in the judgement of the surveyor, fit to carry, the owner and the master shall each be \r\npunishable with fine which may e xtend to ten rupees for every passenger over and above that \r\nnumber. \r\n \r\n 59. Penalty for serving or engaging a person to serve as master or engineer without \r\ncertificate. If any person— \r\n \r\n(a)  proceeds on any voyage in an  4[mechanically propelled vessel] as th e master \r\nor engineer of such vessel without being at the time entitled to, and possessed \r\nof, a master's or serang's or an engineer's or engine -driver's certificate 2[or a \r\nmaster's or engine -driver's licence] as the case may be, as required under this \r\nAct; or \r\n1Ins. By the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 2, for “inland steam-vessels”. \r\n2Ins. by the Inland Steam-vessels (Amdt.) Act, 1930 (6 of 1930), s. 2. \r\n3Subs. by A. O 1937, for “L. G \r\n4Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s.2, for “inland steam-vessels”. \r\n5Subs. by Act 25 of 1951, s. 2 for “inland steam-vessel”. \r\n6Subs. ibid., for “steam-vessel \r\n \r\nPage 28 of 32 \r\n \r\n(b)  employs as the master or engineer of an 1[mechanically propelled vessel] any \r\nperson without ascertaining that he is at the time entitled to, and possessed of, \r\nsuch certificate 4[or licence], \r\n he shall be punishable with fine which may extend to five hundred rupees. \r\n 60. Penalty for master failing to give notice of wreck or casualty. If any master wilfully \r\nfails to give notice, as required by section 32, of any wreck, abandonment damage, casualty, or loss, \r\nhe shall be punishable with fine which may extend to five hundred rupees, and, in default of payment \r\nof such fine, with simple imprisonment for a term which may extend to three months. \r\n 61. Penalty for failing to deliver up suspended or cancelled certificate. If any person, \r\nwhose certificate is suspended or cancelled under this Act, fails to deliver up the certificate as \r\nrequired by section 46, he shall be punishable with fine, which may extend to five hundred rupees. \r\n 62. Penalty for talking or delivering or tendering for carriage dangerous goods on board \r\nmechanically propelled vessel without notice. If any person, in contravention of section 50, takes \r\nwith him on board any 1[mechanically propelled vessel] any dangerous goods, or delivers or tenders \r\nany such goods for carriage on any 1[mechanically propelled vessel], he shall be punishable with fine \r\nwhich may extend to two hundred rupees, and the goods shall be forfeited to Government. \r\n 63. Penalty for misconduct or neglect endangering mechanically propelled vessel or life \r\nor limb. If any person employed or engaged in any capacity on board an 1[mechanically propelled \r\nvessel], by wilful breach, or by neglect of duty, or by reason of drunkenness – \r\n(a)  does any act tending immediately to wreck, destroy or materially damage the \r\nvessel, or to endanger the life or limb of any person on board, or belonging to \r\nthe vessel; or \r\n \r\n(b)  refuses or omits to do any lawful act prop er and re quisite to be done by him \r\nfor preserving the vessel from immediate wreck, destruction or material \r\ndamage, or for preserving any such person from immediate danger to life or \r\nlimb; he shall be punishable with fine which may extend to one thousand \r\nrupees, or with imprisonment for a term which may extend to two years, or \r\nwith both. \r\n \r\n64. Levy of fine by distress of mechanically propelled vessel.  Where the owner or master \r\nof an 1[machanically propelled vessel] is convicted of an offence under this Act or any rule made \r\nthereunder committed on board,  or in relation to, that 2[mechanically propelled vessel], and is \r\nsentenced to pay a fine, the Magistrate who passes the sentence  may direct the amount of the fine to \r\nbe levied by distress and sale of the 2[mechanically propelled vessel] and the tackle, apparel and \r\nfurniture thereof, or so much thereof as is necessary. \r\n 65. Jurisdiction of Magistrate. Except in the case of an offence against any rule made under \r\nsection 53, no Magistrate shall try an offence under this Act, or any rule made thereunder, unless he \r\nis a 3* * *Magistrate whose powers are not less than those of a Magistrate of the first class. \r\n  \r\n1Subs. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s.2, for “inland steam-vessels”. \r\n2Subs. ibid., for “steam-vessel”. \r\n3The words “Presidency Magistrate or” omitted by A. O., 1949, Sch. \r\n4Ins. By the Inland Steam-vessels (Amdt.) Act, 1920 (60 of 1920), s. 10. \r\n \r\n \r\nPage 29 of 32 \r\n \r\nCHAPTER VIII \r\nSUPPLEMENTAL \r\n 66. Place of trial.  If any person commits an offence against  this Act or any rule made \r\nthereunder, he shall be triable for the offence in any place in which he may be found or which the \r\n1[Provincial Government], by notification in the 2[official Gazette], appoints in this behalf, or in any \r\nother place in which he might be tried under any other enactment for the time being in force.  \r\n 67. Power for Provincial Government to make general rules.___ (1) The 1[Provincial \r\nGovernment] may make rules to carry out the purposes of this Act not otherwise specially provided \r\nfor. \r\n (2) Any rule made under this section may contain a provision that any person committing a \r\nbreach of it shall be punishable with imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to five hundred rupees, or with both. \r\n 68. Power for Provincial Government to modify application of Act to certain \r\nmechanically propelled vessels. The 1[Provincial Government] may, 3* * * by notification4 in the \r\n2[official Gazette], declare that all or any of the provisions of Chapters II and III shall not apply in \r\nthe case of any specified class of 2[mechanically propelled vessels], or shall apply; to them with such \r\nmodifications as may be specified in the notification. \r\n 569. Exemption of His Majesty’s and Government vessels.  Save in so far a s the \r\n6[Provincial Government] may, by notification 7 in the 8[official Gazette] otherwise direct, nothing in \r\nthis Act, or any rule made thereunder, shall apply to any 9[mechanically propelled vessel] belonging \r\nto, or in the service of, 10[the Federal Government or any Provincial Government]: \r\n 11[Provided that no such vessel shall be used for any com mercial purpose unless the registry \r\nfee prescribed under section 6 has been paid in respect of her.] \r\n \r\n 70. Power for Provincial Government to define tidal water. The 1[Provincial Government] \r\nmay, by notification in the 12[official Gazette], define how much of any tidal water shall be deemed \r\nto be an inland water for the purposes of this Act: \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by A.O., 1937, for “local official Gazette.” \r\n3The words “with the previous sanction of the G. G. in C.” rep. ibid. \r\n4The vessels belonging to the Karachi Port Trust and plying within the limits of the Port of Karachi have been exempted for a certain period, from the \r\nprovisions of Chapter III of this Act, by the Chief Commissioner of Karachi, see Gazette of Pakistan, 1954, Pt. V, p. 138. \r\nThe steam vessels belonging to the Karachi Port Trust and plying within the limits of the Port of Karachi, shall be exempted from the  provisions of \r\nChapter III of the said Act, for a further period of 1 year w.e. f. 18th January, 1954, see Gazette of Pakistan, 1954, Pt. VI, p. 138. \r\nThe provision of section 27 (b) of this Act shall not apply to the “Motor Launches of the Karachi Port Trust having engines of 44 Brake  Horse \r\nPower for the period of 2 years w.e. f. 3. 2. 54, see Gazette of Pakistan, 1955, Pt. VI, p. 3.) \r\n5The following portions of this Act (1 of 1917) in so far as certificate of registry is concerned shall, in addition to the portions already  appliedby notifn. \r\nNo. 538-D, dated the 17th Nov., 1917, issued from the Deptt. of Commerce and Industry, Govt. of India, also apply to inland mechanica lly propelled \r\nvessels belonging to, or in the service of Her Majesty or the Central Govt. or Provincial Govt., namely :- \r\nChapter II-Sections 3, 4, 5, 6, 19, 19A, 19B, 19C, 19D, 19E, 19F, 19G, 19H, 191, 19J, 19K, 19L, 19M, 19N, 190, 19P, and 19Q. \r\nChapter VII-Section 55. \r\n6Subs. by A. O., 1937, for “G. G. in C.”. \r\n7For such notification, see Gen. Rules and Orders.) (Subs. by A. O., 1937, for “Gazette of India” \r\n8Subs. by A. O., 1937,, for “Gazette of India” \r\n9Subs. by Act 25 of 1951, s. 2, for “inland steam-vessel”. \r\n10The original words “His Majesty or the Government of India” have successively been amended by A. O., 1937, A. O., 1949, Sch., A. O., 1961, Art. 2 \r\nand A. O., 1964, Art. 2 and Sch., has been subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. to read as above. \r\n11Added by act 25 of 1951, s.13. \r\n12Subs. ibid., for “local official Gazette”. \r\n  \r\n \r\nPage 30 of 32 \r\n \r\n 1[Provided that no such notification shall be made after the end of March, 1937.] \r\n 71. Fees recoverable as fines. All fees payable under this Act may be recovered, as fines \r\nunder this Act. \r\n 72. Certificated master of mechanically propelled vessels to be deemed pilots under \r\nsection 31 of Act XV of 1908.___ (1) Subject to the provisions of section 31, every master of an \r\n2[mechanically propelled vessel] who possesses a master's certificate granted under this Act and in \r\nforce shall, in posts to which section 31 of the Posts Act, 1908, has been extended, be deemed, for \r\nthe purpose of that section, to be the pilot of the 2[mechanically propelled vessel] of which he is in \r\ncharge. \r\n (2) Nothing in this section shall be deemed to affect that provisions of Sindh Act I of 1863 \r\n(An Act for the registry of vessels and Ievy of pilotage fees on the river Indus), which require persons \r\nin charge of vessels passing through any of the channels or tidal channels at the mouths of the river \r\nIndus to pay fees for pilotage. \r\n \r\n 73. [Application of Act to vessels propelled by electricity or other mechanical power.] \r\nOmitted by the Inland Steam-vessels (Amendment) Act, 1951 (XXV of 1951), s. 14. \r\n 74. Publication of rules. ___ (1) The power to make rules conferred on a  3[Provincial \r\nGovernment] by this act is subject to the condition of the rules being made after previous \r\npublication. \r\n (2) All such rules shall, when made, be published in the 4[Official Gazette], and shall \r\nthereupon have effect as if enacted in this Act. \r\n \r\n 5[74A. Appointment o f inland waterways control Board in emergency ___ 6[If the \r\nProvincial Government is of the opinion] that an emergent necessity has arisen rendering it essential \r\nto control the movement of goods and passengers and to provide for the allocation of routes, 7[it \r\nmay] appoint an Inland Waterways Control Board consisting of:— \r\n \r\n(1)  A nominee of the 8[Federal Government], \r\n(2)  A nominee of the Provincial Government, and \r\n(3)  A representative of the Steamer Companies operating in the Province. \r\n \r\n 574B. Control on ves sels as to routes and traffic.  The Board shall have the power to issue \r\nan order to the owner of a mechanically propelled vessel registered under this Act:— \r\n \r\n(i)  that his vessel shall ply on any route or routes specified in the order, and \r\n \r\n(ii)  that preference shall be given to any traffic or class of traffic to be carried in \r\nthe vessel. \r\n \r\n \r\n1Proviso ins. Ibid. \r\n2Subs. by Act 25 of 1951, s. 2, for “inland steam-vessel”. \r\n3Subs. by A.O., 1937, for “L.G.”. \r\n4Subs. ibid., for “local official Gazette”. \r\n5Sections 74A to 74E ins. by Act 25 of 1951, s. 15. \r\n6Subs. by F.A.O., 1975, Art. 2 and Sch. for certain words \r\n7Subs. ibid., for “the Provincial Government shall”. \r\n8Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.  \r\n                  \r\n \r\nPage 31 of 32 \r\n \r\n174C. Rules of business of Board. The rules of business of the Board shall be framed by the \r\nProvincial Government 2* * * * * * \r\n 174D. Obligation of the owner of vessels. The owner of a mechanically propelled vessel to \r\nwhich this Act applies— \r\n(a)  shall afford all reasonable facilities for the receiving, forwarding and \r\ndelivering of traffic to be carried by the vessel and for interchanging traffic \r\nwith other transport organisations with which interchange arrangements have \r\nbeen entered into, and \r\n(b)  shall not give any undue or unreasonable preference or advantage to any \r\nparticular person or commercial concern or any particular description of traffic \r\nor subject any particular person or commercial concern or any particular \r\ndescription of traffic to any undue or unreasonable prejudice or disadvantage \r\nin any respect whatsoever. \r\n 174E. Penalties. Any person contravening an order under section 54A or section 74B or any \r\nprovision of section 74D shall be liable for each offence to a fine not exceeding one thousand \r\nrupees.] \r\n 75. [Repeals and savings.] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule. \r\n \r\nSCHEDULE I \r\n3[RATES OF SURVEY FEES] \r\n[See sections 4[6] and 19 (d)] \r\n  Tons Rs. \r\nFor 5[mechanically propelled vessels] of less than - 100 25 \r\n“ “ “ “ “ “ 100 Tons and upto 200 40 \r\n“ “ “ “ “ “ 200 “ “ “ 350 50 \r\n“ “ “ “ “ “ 350 “ “ “ 700 60 \r\n“ “ “ “ “ “ 700 “ “ “ 1000 80 \r\n“ “ “ “ “ “ 1000 “ “ “ 1500 100 \r\n“ “ “ “ “ “ 1500 “ and upwards .. 120 \r\nSCHEDULE IA \r\nRATES OF REGISTRATION FEES \r\n[See sections 6 and 19(d)] \r\n  Tons Rs. \r\nFor mechanically propelled vessels of less than --- 100 50 \r\n \r\n1 Sections 74A to 74E ins. by the Inland Steam-vessels (Amdt.) Act, 1951 (25 of 1951), s. 15. \r\n2Certain words omitted by F.A.O, 1975, Art. 2 and Sch. \r\n3Subs. ibid., s. 16, for “RATES OF FEES”. \r\n4Subs. ibid., for “6(a)”. \r\n5Subs. ibid., s. 2, for “steam-vessels”. \r\n \r\nPage 32 of 32 \r\n \r\n1[SCHEDULE IA \r\n“ “ “ “ “ “ 100 Tons and upto 200 80 \r\n“ “ “ “ “ “ 200 “ “ “ 350 100 \r\n“ “ “ “ “ “ 350 “ “ “ 700 120 \r\n“ “ “ “ “ “ 700 “ “ “ 1000 160 \r\n“ “ “ “ “ “ 1000 “ “ “ 1500 200 \r\n“ “ “ “ “ “ 1500 “ and upwards .. 240 \r\n \r\n SCHEDULE II.—[ENACTMENTS REPEALED.] Rep. by the Repealing Act, 1927 (XII of \r\n1927). \r\n \r\n____________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 11-09-2024 \r\n 1Ins by the Inland Steam-vessels (Amdt) Act, 1951, (25 of 1951), s. 16.",
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