Bare Acts

CHAPTER VI MANNING, QUALIFICATION, TRAINING, EXAMINATION AND CERTIFICATION


34. Training and minimum age for employment.—(1) The standards for qualification, training,
training institutes, examination and grant of certificate of competency for the purposes of this Chapter
shall be such as may be prescribed by the Central Government.
(2) No person under the age of eighteen years shall be employed on a mechanically propelled inland
vessel registered under this Act.
35. Minimum manning scale and manning requirements.—The minimum manning scale
applicable to different class or category of mechanically propelled inland vessels, categorised under this
Act or such other laws for the time being in force in India, shall be such as may be prescribed by the
Central Government.
36. Appointment and duties of examiners.—(1) The State Government may appoint examiners, in
accordance with the criteria and qualifications, as may be prescribed by the Central Government, for the
purpose of examining the qualifications of persons desirous of obtaining certificates under this Chapter to
the effect that they are competent to undertake the responsibilities of and act as, masters, or as engineers
or engine-drivers, or as such other persons, as the case may be, on the mechanically propelled inland
vessels.
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(2) The examiners shall evaluate the persons who have undergone the training required for qualifying
as masters, or as engineers or engine-drivers, or as such other persons, as the case may be, and shall report
the list of successful candidates who possess the required qualifications to the Central Government or
such other officer appointed or authorised by notification by the State Government.
37. Grant of certificate of competency.—(1) The State Government may evaluate the report
provided by the examiners, and upon confirmation as to the correctness of such report; shall grant to
every candidate; who is reported by the examiners to possess the required qualifications, with the
certificate of competency, certifying that the candidate specified in the report is competent to serve, in such
capacity as may be specified therein, on any class or category or whole of the mechanically propelled inland vessel
as specified in the certificate.
(2) The State Government shall require for further examination or a re-examination of all or any of
the candidates, if it is found that the report submitted by examiners is defective, or there exists reason to
believe that such a report has been unduly made.
(3) The certificate of competency shall be in such form and manner as may be prescribed by the
Central Government.
38. Certificate of service.—(1) The State Government may, on an application, without examination,
grant a certificate of service to any person who has served as a master, or as an engineer, of a vessel of the
Coast Guard, Indian Navy or regular Army for such period as may be prescribed in this behalf by the
Central Government, to the effect that he is competent to act, as a first-class master, second-class master
or serang, or as an engineer, first-class engine-driver or second-class engine-driver or in such capacity as
may be specified therein, as the case may be, on board the mechanically propelled inland vessel.
(2) For the purposes of granting of certificate of service under sub-section (1), the State Government
shall verify the certificate, certifying the competence of the applicant as issued by the Coast Guard, Indian
Navy or regular Army, as submitted to it by such applicant along with his application.
(3) Notwithstanding anything contained herein, the State Government may by recording reasons
thereof, refuse granting of certificate of service under sub-section (1).
(4) A certificate of service so granted under sub-section (1), shall be in such form and manner; and
shall be subject to such conditions, as may be prescribed by the Central Government, and shall have the
same effect as a certificate of competency granted under section 37.
39. Effect of certificate of competency or certificate of service.—Subject to the provisions of this
Act and such conditions as may be prescribed by the Central Government, a certificate of competency or
certificate of service shall be valid throughout India.
40. Suspension and cancellation of certificate.—(1) If the holder of any certificate issued under this
Chapter is found to have acted in contravention to the provisions of this Act or the rules made thereunder;
the said certificate shall be liable to be suspended or cancelled.
(2) The State Government or any officer appointed or authorised under this Chapter shall issue notice
to the holder of certificate and shall provide him an opportunity of being heard before suspension or
cancellation of certificates issued under this Chapter.
(3) Notwithstanding anything contained in sub-section (2), the State Government or any officer
appointed or authorised under this Chapter, may suspend or cancel the certificate of competency or the
certificate of service granted under this Chapter by recording reasons thereof.
(4) If a certificate issued under the provisions of this Chapter is suspended or cancelled, the holder of
such certificate shall deliver it to the State Government or such officer, appointed or authorised by that
Government by notification in Official Gazette under this Chapter.
41. Registry of certificate holders and central registry.—(1) The State Government shall maintain
registers in electronic format to record, the details and data of the certificate, and the respective
certificates, issued under this Chapter in such form and manner as may be prescribed by it.
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(2) The State Government shall report and update the Central Government with the information on
data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the
respective authority in regular intervals, as may be prescribed by the Central Government.
(3) The Central Government shall update the central data base with the reports and information
received from all the State Governments under this Chapter in electronic format. 

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