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NOTIFICATION
S.R.O. 30 (KE)/2003:
In exercise of the power conferred by clause (h) of
sub-Section (2) of section 74 of the Merchant Shipping
Ordinance, 2001 (LII of 2001), the Federal Government
is pleased to make the following rules, namely: -
THE MERCHANT SHIPPING
(REGISTRATION OF SHIPS) RULES, 2002
-
Short title, application
and commencement-
- These rules may be called the
Merchant Shipping (Registration of Ships) Rules,
2002.
- Application-
They shall apply to all ships having length
over twenty-four meters intended to be registered
in Pakistan.
- They shall come into force
at once.
-
Definitions-
(1) In these rules, unless there is any thing repugnant
in the subject or context:
- "Bare boat charter"
means a contract for the lease of a ship, for
stipulated period of time, by virtue of which
the lessee has complete possession and control
of the ship including the right to appoint the
Master and crew of the ship for the duration
of the lease.
- "Chartered vessel" means
vessel leased under bareboat charter party terms.
- "Competent authority"
means the Directorate Ports and Shipping.
- "Flag State" means a
state whose flag a chip is entitled to fly;
- "Ordinance" means the
Pakistan Merchant Shipping Ordinance, 2001 (LII
of 2001);
- "Operator" means the
owner or bareboat chartterer or any other natural
or juridical person to whom the responsibilities
of the owner or bareboat chartterer have been
formally assigned;
- "Register" means the
official register or registers in which particulars
of a ship are recorded;
- "Registrar" means the
Principal Officer of the Mercantile Marine Department;
and
- "State of registration" means
the state in whose register of ships a ship
has been entered.
(2)All other terms and expressions
used, but not defined in these rules, shall have
the same meaning as assigned to them in the Ordinance.
-
Owner of a ship.
A Pakistani Ship may be owned by:
- Citizens of Pakistan by birth
or migration;
- Persons having acquired citizenship
of Pakistan by registration under the Pakistan
Citizenship Act, 1951 (ii of 1951);
- Companies having their principal
place of business in Pakistan and which control
operation and management of the ship from Pakistan;
or
- Any individual or company permitted
by the Federal Government.
-
Management.
The owner of every Pakistani ship shall appoint
a manager who is a resident in Pakistan. The manager
may be an officer of the owning company or of a
management company. The appointment of or the management
agreement stating the name of manager shall be registered
with the Registrar of ships.
-
Registration procedure.
- The registration of Pakistani
ships shall be done by Principal Officer (Registrar
of Ships), Mercantile Marine Department, Karachi,
on prescribed application from by the persons
qualified to own ships under M.S.O. 2001 as
given in Annex-A. Declaration shall be signed
before the Registrar of Ships by the applicant.
- Every name to be used for a
Pakistani vessel shall be approved by the Directorate
of Signals, Naval Headquarters, and Islamabad.
This shall be applicable even if there is no
change in the name of the vessel from its previous
registry. More than one name may be submitted
for approval in the order of preference. After
approval of name an advertisement at least in
the one daily newspaper shall be published for
public notice.
- The Call sign or signal letters
shall be issued by the registrar of ships at
the time of issuance of Certificate of Registry
and the owner of a ship shall also obtain Mobile
Station License to operate the ship board radio
station while vessels equipped with GMDSS are
required to obtain the Maritime Mobile Service
identity (MMSI) number from the Pakistan Telecommunication
Authority; Provided that the ships will be exempt
from such formalities if there is no requirement
for the vessel to be fitted with any radio station.
- The following requirements
shall be fulfilled as to ownership of a Pakistani
ship or vessel.
- In case of individual proof
of proprietorship, partnership or association
of persons, national identity cards, national
tax number and place of business shall be
supplied;
- In case of body corporate,
a certified copy of memorandum and articles
of association certificate of incorporation,
certificate of commencement of business,
list of directors with their nationality
and address, and place of business in Pakistan
shall be supplied;
- The following shall be required
as an evidence of ownership of a vessel;
- An original copy of the
ownership deed or documents; and
- Builders certificate shall
be required for a new vessel and any other
vessel a certified transcript of its former
registry or similar other document showing
the previous ownership and the bill of sale
duly executed shall be required. If there
shall be intervening changes of ownership,
all the intermediate bill of sale shall
also be produced showing the continuity
of title;
- Provided that a builder's
certificate or bill of sale which is executed
outside Pakistan shall be notarized and
endorsed by the Pakistan Consulate of that
country.
- A copy of the full term Tonnage
certificate issued by Mercantile Marine Department,
Karachi, or one of the authorized classification
societies in accordance with the provisions
of the Merchant Shipping (Tonnage) Rules, 2002,
shall be produced, if required.
- A copy of the full term classification
certificate issued by one of the authorized
classification societies may be accepted as
evidence of seaworthiness.
- When applicable, copies of
the vessels valid statutory certificate such
as passenger ship safety, cargo ship safety
construction, cargo ship safety equipment, cargo
ship safety radio, international load line,
international oil pollution prevention, noxious
liquid substances document of compliance, safety
management certificate shall be produced.
Provided that the certificates shall be valid
for at least for three month's period.
- Evidence of cancellation of
the former registry shall be required in all
cases where the vessel, at any point in time,
has been registered in another country. Such
evidence may be in the form of Deletion Certificate
or any other form as the case may be, issued
by the last flag Government.
- A certified copy of the carving
and marking note issued by registrar of ships
and certified by a surveyor from the Mercantile
Marine Department or one of the authorized classification
society's shall also be required, where applicable.
- Attested photocopies of the
following documents shall also be required for
purposed of record and reference.
- General arrangement plan
- Accommodation plan
- Tonnage certificate
- Previous ships registry;
and
- All other statutory certificates
required under SOLAS, MARPOI and other IMO
Conventions applicable to the concerned
type of ship.
- After completing all formalities
and production of required documents mentioned
under sub-rules (I) to (II), permanent Pakistani
registry shall be issued by the registrar of
ships.
- A certificate of registry shall
be issued to a ship n becoming Pakistan abroad
in the following cases.
- When at foreign port where
a ship becomes the property of a person
qualified to own a Pakistani ship, a permanent
Pakistani ship registry and carving or marking
note shall be prepared by the registrar
and forwarded to the Pakistan consular officer
at the port of delivery, who after certification
of carving or marking of the vessel, shall
deliver the registry to the owner; and
- In case of nay deficiency
in production of all required documents
under clause 5, subject to the alternative
acceptable to the registrar, a provisional
certificate of registry shall be issued.
-
Statutory certificates.
- After issuance of Pakistan
registry, the statutory certificates required
to be carried on board as stipulated in SOLAS
Convention attached as annexure "J" shall be
issued, after survey, by the mercantile Marine
Department or a classification society as recognized
by the Government of Pakistan.
- If the ship is delivered at
a foreign port, special authorization shall
be required to the issued to the Maritime Administration
of the port of delivery or a recognized classification
society for survey and issuance of above certificates
on behalf of Government of Pakistan.
-
Bare boat charter
registry.
- A ship on bare boat or demise
charter for a period of not less than six months
may be registered as a Pakistani ship in the
name of persons provided that such persons fall
under nay of the description given in rule-3
of these rules subject to following condition,
namely: -
- The chartterer and the
operator of the ship shall be a citizen
of Pakistan or a body corporate, or a legal
entity, as allowed to be ship owner, under
Ordinance.
- The principal place of
business shall be maintained in Pakistan
and the chartered vessels shall be operated
and controlled from Pakistan.
- The vessel so chartered
and subsequently registered under Pakistani
flag shall be classed by the classification
societies, as approved and recognized by
the Federal Government, and shall maintain
the class during the continuation currency
of registration under Pakistan flag.
- The master and the crew
of the ship shall be engaged form Pakistan.
- The ship chartered and
subsequently registered, shall fly the flag
of Pakistan and change the original port
of registry to new port of registry at the
stem of the ship.
- The name of the vessel
shall not be changed unless mutually agreed
by the owner and the chartterer and applied
for the same with the consent of the flag
state.
- For bareboat charter registration
under Pakistan flag, the applicant shall
pay registration fees, capacity and presumptive
income tax as prescribed by the Federal
Government form time to time.
- The chartterer and the
master of registered vessel under Pakistan
flag shall abide by the rules and regulations
with regard to safety standards, flag state
control, and administration of fiscal nature,
issued by the Federal Government from time
to time.
- The chartterer shall obtain
clearance from the flagging out sate and
the consent of the owner of the ship for
registering the vessel under Pakistan flag;
- The chartterer shall provide
all the particulars of mortgages, hypothecations
and other encumbrances against the vessel
intended to be registered under the Pakistan
flag; and
- The vessel intended to
be registered under these rules shall not
to be in the ports of Pakistan. The registration
may be accomplished while the vessel is
in foreign ports, however, inspectors may
be arranged by the competent authority to
witness change of flag and completion of
other necessary formalities required for
bareboat registration.
- The registrar upon receipt
of an application form a chartterer of the vessel
shall obtain the following documents, form the
applicant, namely: -
- Evidence of qualification
to own a hip under rule-3;
- Particulars of the vessel,
class and nationality;
- Evidence of ownership of
the vessel;
- Certificate of suspension
of ship registry or, in case of new building,
the certificate of name, builders certificate,
title deeds or other documents which provide
evidence of ownership;
- Copy of charter party with
riding clauses, showing that charter terms
are based on bareboat charter or bareboat
charter with purchase option;
Particulars of owner such as: -
- In case of ship owning
by sole proprietor, the name and nationality
of the person, name and type of the
firm, address of registered business
place, with telephones, telexes, facsimile,
and e-mail, etc.
- In case of ship owing
by partnership, the name and nationality
of managing partner, other partners,
name, address and type of the firm,
registered place of business along with
particulars of communication media,
or
- In case of limited
company incorporated or corporation;
the name and nationality of managing
director, other directors, registered
principal place of business of the company,
name and business place of managers,
particulars of communication media etc.
- An undertaking or affidavit
form owners entitled to sign for the company
stating that they have agreed or have no
objection to register the vessel by the
chartterer at their home port for a period
as specified in the charter party.
- Consent or administrative
order from the administration of the flag
state, indicating that vessel's registered
rights shall remain suspended for the period,
the ship is under the register of the chartterer
homeport.
- And undertaking forms the
applicant, stating that the vessel during
currency of the register under Pakistan
flag shall not fly any other flag except
of Pakistan.
- A statement officially
issued by the administration of the flag
state, showing mortgage deeds, hypothecations
and other encumbrances or interests against
the vessel intended to be registered.
- An undertaking from owners,
chartterer and operators stating that the
registrar shall be informed about the changes
of ownership judicial sale of the vessel
alterations, conversions, if nay, in the
ship during the currency of the registration
under Pakistan flag; and
- Copies of all statutory
and other certificates of the vessel, valid
for at lest three months, ensuring that
the vessel intended to be registered under
these rules is seaworthy and classed under
the approved classification society.
- The registrar may if he considers
necessary, demand such other documents to verify
the information given by the applicant as may
deem fit and appropriate.
- The registrar, on his being
satisfied that the requirement for temporary
registry of a bareboat charter have been substantially
complied with, shall issue certificate of registry
and inform the flagging out state about the
status of the registry.
- The registrar shall ensure
that vessels port of registry is properly painted
or embossed at the stern of the ship while flying
the flag of Pakistan.
- The registrar may, if deems
necessary and circumstances so arise, make an
advance registry of a bareboat chartered vessel
where a vessel is due to be delivered from shipyard,
or to change hands at a time outside normal
working days (during holiday) such advance registry
shall be valid for maximum period of one week,
thereafter, if not registered properly, shall
stand cancelled or revoked automatically.
- Pakistani missions abroad may,
if the circumstance so arises, issue provisional
registry or provisional certificate of nationality
to bareboat chartered vessels upon receipt of
instructions from the registrar of ships.
- The ship registered under bareboat
charter, shall be de-registered at any time
on the request of a chartterer or upon expiry
of the bareboat charter party whichever is earlier,
the chartterer shall satisfy the competent authority
that circumstances so exist which are beyond
their control to mature is terms of contract.
- The registrar may grant certificate
of registry with such restrictions or endorsements
as he may think fit.
- The competent authority may
de-register or suspend the registration of a
bareboat chartered vessel, if on receipt of
information if it is satisfied that registration
of the vessel was based upon incorrect or insufficient
information, or if at any time the chartterer
fails to satisfy the conditions laid down in
these rules.
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