Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 126

Regulations relating to qualifications of officers and seamen, the manning of ships, &c

126.
(1) The Minister may make such regulations as he considers necessary or expedient to provide for the qualifications of officers and seamen of, and the manning requirements for, Ceylon ships and for matters connected therewith, and without prejudice to the generality of such powers, may make regulations making provisions for-
(a) requiring officers and seamen and other persons performing prescribed functions in relation to the operation and maintenance of ships to be holders of certificates of competency, authorization or efficiency or otherwise and to satisfy such other conditions as may be prescribed, and providing for the grant, revocation, extension, validation, suspension, endorsement or variation of such certificates;
(b) the holding and conduct of examinations for such certificates, the qualifications of candidates for such examinations and the qualifications of, appointment, removal and reappointment of and remuneration to be paid to examiners, the fees for such examinations, and all such acts as the Minister thinks necessary or expedient for the purpose of such examinations;
(c) the issue, form and recording of certificates of competency, authorization and efficiency, and other documents;
(d) the exemption of persons with prescribed qualifications or experience from the whole or parts of examinations for such certificates;
(e) the recognition, subject to such conditions as may be prescribed, of specified certificates of competency, authorization or efficiency issued by other countries, the declaration that such certificates shall have the same force and effect as if they had been granted in Ceylon, and the application to such certificates of all or any of the provisions and regulations relating to certificates of competency, authorization or efficiency issued in Ceylon;
(f) the exemption of holders of certificates of competency, authorization or efficiency issued in other specified countries from all or such part or parts as may be prescribed of the examinations for corresponding Ceylon certificates of competency;
(g) such ships to be provided with only certificated or qualified officers and seamen, at least to a scale prescribed by the Minister, when going to sea from any place, whether within or outside Ceylon;
(h) the minimum number and grades of officers and seamen in possession of valid certificates to be carried on different classes and types of ships and the procedure to be followed whether within or outside Ceylon when such number is short of an officer or seaman;
(i) the manning requirements in relation to such classes or descriptions of ship as may be prescribed;
(j) the production and admissibility in evidence of certificates and such other documents as may be prescribed;
(k) the refusal of port clearance or the detention of any ship on failure to comply with the provisions of any regulations made under this section.
(2) Regulations made under this section may provide for the imposition of penalties of imprisonment of either description for a term not exceeding two years, or to a fine not exceeding ten thousand rupees, or both such imprisonment and fine.


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