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308. Production of certificates by ships other than Indian ships.-

(1) The master of 9[every ship, being a passenger ship or being a cargo ship of three hundred tons gross or more,] belonging to a country to which the Safety Convention applies, shall produce a valid safety convention certificate to the customs collector from whom a clearance for the ship is demanded in respect of a voyage from a port or place in India to a port or place outside India and a clearance shall not be granted and the ship may be detained until such a certificate is so produced.

(2) Where a valid safety convention certificate is produced in respect of a ship,10*** the ship, not be deemed to be unsafe for the purpose of section 342 by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the actual condition of the ship does not correspond substantially with the particulars stated in the certificate.

1[(3) Nothing in this section shall apply in respect of an Indian ship or a nuclear ship;]

Merchant Shipping (Amendment) Act, 1986 Back

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