LAUNCHES



LAUNCHES
AN ORDINANCE TO PROVIDE FOR THE EMPLOYMENT OF DULY QUALIFIED TINDALS AND ENGINEERS ON LAUNCHES.
Ordinance Nos,
11 of 1907
[1st January
, 1908
]
Short title

1. This Ordinance may be cited as the Launches Ordinance.

Appointment of examiners.

2. The Minister may from time to time appoint persons for the purpose of examining the qualifications of persons desirous of obtaining certificates of competency as tindals or as engineers of launches.

Grant of certificate of competency to act as tindal or as engineer.

3.

(1) The Master Attendant shall grant to every person who is reported by the examiners to possess the necessary qualifications a certificate of competency to the effect that he is competent to act as tindal or as engineer, as the case may be, of a launch.

(2) Every such certificate shall be in the prescribed form.

Power of Minister to require re-examination or further inquiry

4. Before granting a certificate under section 3 the Master Attendant may, if he has reason to believe that the report of the examiners regarding any applicant has been improperly made, report the circumstances of the case to the Minister, who may require a re-examination of the applicant or a further inquiry into his testimonials and character.

Certificate to be made in duplicate.

5. Every certificate of competency granted under this Ordinance shall be made in duplicate, and one copy shall be delivered to the person entitled to a certificate and the other shall be kept and recorded in the prescribed form

Grant of copy of certificate in certain cases

6.Whenever a tindal or engineer proves to the satisfaction of the Master Attendant that he has without fault on his part lost or been deprived of his original certificate, he shall be entitled, on payment of a fee of two rupees and fifty cents, to a copy of such certificate in lieu of such original.

Nature of certificates necessary for tindals and engineers of launches.

7.

(1) A launch shall not proceed on any voyage unless she has-

(a) as her tindal, a person possessing a tindal’s certificate granted under this Ordinance, or a master’s certificate of competency granted under the Merchant Shipping Act, or recognized by regulations made thereunder;

(b) as her engineer, a person possessing an engineer’s certificate granted under this Ordinance or an engineer’s certificate of competency granted under the Merchant Shipping Act, or recognized by regulations made thereunder;

Provided that an undecked launch shall be deemed to have complied with this section if she has as her tindal and engineer a person possessing both a tindal’s certificate and an engineer’s certificate in accordance with this Ordinance.

(2) If any launch proceeds on a voyage in contravention of this section, the owner and the tindal of the launch shall each be guilty, of an offence, and be liable on conviction thereof to a fine, which may extend to one thousand rupees.

Cancellation or and suspension of certificates.

8. The Master Attendant may cancel or suspend the certificate of any tindal engineer who is convicted of any offence under the Masters Attendant Ordinance, or under any regulations made thereunder.


Any tindal or engineer aggrieved by the cancellation or suspension of his certificate may appeal therefrom to the Minister, who may make such order as the justice of the case may require.

Rules.

9. The Minister may make rules to regulate the granting of certificates of competency under this Ordinance, and may by such rules-

(a) provide for the conduct of the examination of persons desirous of obtaining certificates of competency as tindals or as engineers under this Ordinance;

(b) prescribe the qualification to be respectively required of persons desirous of obtaining such certificates;

(c) fix the fees to be paid by applicants for examination; which

(d) prescribe the form in certificates shall be given.

Interpretation,

10. In this Ordinance, unless the context otherwise requires-

” launch ” includes any boat of less than fifty tons burden propelled by steam, electric, or other motive power, which ordinarily plies in any port of Sri Lanka, or in any canal, river, lake, or other inland water in Sri Lanka;

” Master Attendant” means the Master Attendant of the port of Colombo ;

” prescribed ” means prescribed by rule made under this Ordinance;

” tindal” means any person (except a pilot or harbour master) having for the time being charge or control of a launch;

” voyage ” includes also the plying of a launch at or about any port or place.

Chapter 536