**Executive Summary**
DGS Order No. 06 of 2017, dated 30.11.2017, grants an exemption from opening Articles of Agreement for the Government-owned vessel "M.V. Indira Point." The vessel, owned and operated by the Directorate General of Lighthouses and Lightships (DGLL), is used for maintaining lighthouse buoys and is not employed for commercial purposes. The exemption is subject to specific conditions outlined in the order.
**Key Points / Main Content**
* **Exemption Grant:** The order exempts the "M.V. Indira Point" from the requirement of opening Articles of Agreement as per Section 100 of the Merchant Shipping Act, 1958.
* **Vessel Purpose:** The vessel is fully owned by the Government Department and used for non-commercial operations such as:
* Maintenance of buoys.
* Monitoring operational lighthouses.
* Transportation of construction materials to remote island lighthouses.
* Monitoring Aids of navigation stations along the Indian coastline.
* **Conditions for Exemption:**
* The vessel shall not carry either passengers or cargo.
* Only certified officers and qualified crew members with Certificates of Competency (CDCs) shall be employed, following the safe manning scale issued by the Director-General of Shipping.
* The vessel shall be subject to inspection by competent authorities for safety, pollution prevention, crew competence, and satisfactory working and living conditions.
**Impact Analysis**
**DGLL**
* **Impact:** Benefits from operational flexibility due to the exemption from opening Articles of Agreement for "M.V. Indira Point," streamlining vessel operation for maintenance and monitoring activities.
* **Action Required:** Ensure compliance with the conditions of the exemption, including restrictions on carrying passengers or cargo, employing certified crew, and adhering to inspection requirements.
**Crew of M.V. Indira Point**
* **Impact:** Crew members must be certified officers and qualified and must possess valid CDCs.
* **Action Required:** Provide valid certificates of competency and comply with inspection requirements.
**Directorate General of Shipping**
* **Impact:** Responsible for ensuring compliance with the conditions attached to the exemption and overseeing the safe operation of the vessel.
* **Action Required:** Conduct inspections to ensure the vessel adheres to safety standards, pollution prevention measures, and that crew members are competent and have satisfactory working and living conditions.
Key Entities Referenced
Merchant Shipping Act, 1958: Indian legislation related to maritime activities and shipping. Section 100 and 456 are specifically referenced.
Directorate General of Shipping: The issuing authority for this order and primary regulator for shipping in India.
M.V. Indira Point: A Government owned vessel belonging to the Directorate General of Lighthouses and Lightships (DGLL) that is granted an exemption from certain provisions of the Merchant Shipping Act.
Ministry of Shipping: The ministry under which the Directorate General of Shipping operates.
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Dated: 30.11.2017
F. No.17(1)CR/2000-PT
DGS Order No.06 of2017
Sub: Exemption from opening of Articles of Agreement for Government owned ships"'
This Directorate has received a request from the Directorate General of Lighthouses and
Lightships, (DGLL),Ministry of Shipping, Govemment of India for grant of exemption from
openingofArticlesofAgreementfortheirvessel..M.V'IndiraPoint',''foroperationof
maintaining the Light House Buoys owned and operated by the Department'
2.ThematterhasbeenexaminedinthisDirectorateandithasbeennotedthatthevessel
,.M.V. Indira Point, is not a trading vessel and would not be employed for any commercial
purpose.FurtherDGLLhavestatedthatCertifiedofficersandCrewwillbeengagedonboard
the vessel and all the necessary safety systems including ISM will be implemented on board'
3. Since the said vessel is Govemment-owned and is used for maintenance of buoys'
monitolingtheoperationallighthouses,transportationofconstructionmaterialstofemotelsland
light houses and monitoring the firnction of various Aids of navigation stations, along the Indian
coastline including Lakshadweep and A&N Islands, exemption from opening Articles of
Agreement is required to be granted to the vessel which is fully owned by the Govemment
Department and are engaged in non-commercial operation' and do not carry either passengers or
cargo and employ only certified olficers and qualified crew members in possession of CDCs' in
accordancewiththesafemanningscalepromulgatedbytheDirectorGeneralofShipping.
....21--2-
4.
In the light of the foregoing and having taken into careful consideration the above facts, the
Director General of Shipping is satisfied that, in the circumstances of the case, the requirement
of Articles of Agreement under section 100 of the Merchant Shipping Act, 1959, ought to be
dispensed with, for the vessel "M.v. Indira point", subject to the conditions stated above.
Therefore, in exercise ofpowers confened by clause (l) of section 456 ofthe Merchant Shipping
Act, 1958, on the central Govemment, read with notification issued by the Govemment of India,
vide S.o.No. 3144 dated' the 17th December, 1960, delegating the said powers to the Director
General of shipping, the Director General of Shipping and the secretary to the Govemment of
India, is pleased to give exemption for the provisions of section 100 of the Merchant shipping
Act, 1958 dealing with opening of Articles of Agreement for the ship "M.v. Indira point"
subject to the following conditions:-
l. The vessel shall not carry either passengers or czugo;
ii. The vessel shall employ only certified officers and qualified crew members in possession
ofCDCs as per the safe manning scale promulgated by the Director-General of Shipping;
lll. vessel shall be subject to inspection by competent authorities to ensure safety, prevention
ofpollution, competence of crew members and satisfactory working and living conditions
of crew members
( Dr. Malin(V. Shankar)
Director Gen&al of Shipping &
Special Secretary to the Gor.t. oflndia