| Date: |
24-08-1999
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| Notification No: |
Customs Circular No 53/1999
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| Issuing Authority: |
Indian Customs
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| Type: |
Circular
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| File No: |
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| Subject: |
Instructions regarding operation of foreign flag vessels along the Indian Coast without a valid licence issued under the Marine Shipping Act, 1958
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Instructions regarding operation of foreign flag vessels along the Indian
Coast without a valid licence issued under the Marine Shipping Act, 1958
Circular No.
53dated 24th August 1999
It has been
brought to the notice of Board by the Directorate General of Shipping, Ministry
of Surface Transport, Mumbai that foreign flag sips are plying on the Indian
Coast without obtaining licences from the DG Shipping, Mumbai under Sections
406/ 407 of the Marine Shipping Act, 1958. Attention has been drawn to Section
410 of the said Act, which states that "no Customs Collector shall grant a
port clearance to a ship in respect of which a licence is required under this
part until after production by the owner, master or agent of such a
licence". However, Customs clearances are reported to be issued to ships
leaving Indian Ports even if they do not have valid licence from the D.G.
Shipping.
2. The
matter has been examined by Board. It is seen that the Directorate General of
Shipping has been entrusted with the responsibility of ensuring the safety of
both Indian and Foreign flag vessels when call at Indian Ports under the Flag
State and Port State Control regime Further, the D.G. Shipping is responsible
for ensuring the safety of the Marine environment from pollution caused by ships
while plying on the coast of India Keeping in view the above aspects, it has
been decided that in all cases where a valid licence is not produced by the
Master/ Owner of the ship they should obtain a clearance from the office of the
Mercantile Marine Department or an officer authorised by the Directorate General
of Shipping as Surveyor of a port to ensure that the ships which call at the
Indian Ports have a valid licence under the Marine Shipping Act. This needs to be done more so if the
ship is engaged in coastal operations like servicing off shore platforms,
drilling operations, assisting in port operations (tugs, etc.), supply vessels,
etc.
3. These
instructions may be brought to the notice of all the officers of Customs by way
of issue of Public Notice etc. Any difficulty faced in implementation of
instructions may be brought to the notice of the Board.
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