NOTIFICATION S.R.O. 109 (KE)/2006. - In exercise of the powers conferred by sections 105 and 124 of the Pakistan Merchant Shipping Ordinance, 2001 (L II of 2001), and in supersession of the Examination of Masters and Deck Officers (Merchant Navy) Rules, 1998, the Federal Government is pleased to make the following rules, namely: - CHAPTER I. - PRILIMINARY 1. Short title, commencement and application. - (1) These rules may be called the Pakistan Merchant Shipping (Examination and Certification of Masters, Deck Officers and Safe Manning) Rules, 2006. (2) They shall come into force at once. (3) They shall not apply to, – (a) warships and naval auxiliaries; (b) other ships owned or operated by a State and engaged only on governmental non-commercial services; (c) fishing vessels; (d) pleasure yachts not engaged in trade; and (e) wooden ships of primitive built. 2. Definitions. –(1) In these rules, unless there is anything repugnant in the subject or context, - (a) “Appendix” means an Appendix to these rules; (b) “appropriate certificate” means a certificate issued and endorsed in accordance with the provisions of these rules and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein on a ship of the type and tonnage indicated by the endorsement while engaged on the particular voyage concerned; (c) “approved” means approved by the Federal Government; (d) “Board of Examiners” means the Board of Examiners constituted under rule 50; (e) “certificate of competency” means a certificate of competency granted by the Federal Government under these rules; (f) “coastal trade area” means any location within the area bounded by a line from a point on the Pakistani coast within twenty nautical miles; (g) “coastal trade ship” means a ship trading within coastal trade area; (h) “examiner” means a person as specified in of rule 49; (i) “foreign-going ship” means a ship trading within unlimited area or foreign-going area; (j) “limited area or home trade area” means any location within the area from the extremities of the Pakistan coast limited to five hundred miles; (k) “OOW” means Officer in charge of a navigational watch; (l) “oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk; (m) “Principal Examiner of Master mates” means the person as specified in rule 48; (n) “STCW Convention” means the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978, as amended in 1995; (o) “tanker” means a chemical tanker, a liquefied gas tanker or an oil tanker; and (p) “unlimited area or foreign-going area” means any location not within the home trade or coastal area. (2) The words and expressions used but not defined in these rules, shall have the same meaning as are assigned to them in the Pakistan Merchant Shipping Ordinance, 2001 (LII of 2001). 3. Requirement to carry Deck Officers. –(1) Any ship going to sea, having a registered tonnage of five hundred gross tonnage or more, shall carry Deck Officers holding valid certificate of competency of the appropriate grade, of the following descriptions, namely: - (a) Ships registered in Pakistan; and (b) ships registered outside Pakistan which carry passengers, - (i) between ports in Pakistan or between Pakistan and Gulf port; or (ii) on a voyage which begins and ends at the same ports in Pakistan and on which the ship calls at no port outside Pakistan. (2) Subject to sub-rule (1), the numbers of duly certificated Deck Officers to be carried in various descriptions of ships according to trading area, the grade of certificate of competency Deck Officers should hold and the minimum safe manning of ship shall be as specified in Appendix “A”. 4.Valid certificate of competency. - (1) A Deck Officer shall not be duly certificated unless he is holder of a valid certificate of competency of a grade appropriate to his station in the ship or of a higher grade. (2) A valid certificate of competency shall be any of the following certificates of the appropriate grade or a higher grade for the capacity in which the holder is to be carried in a ship, namely: - (a) Certificate of competency with endorsement granted under these rules; or (b) certificate of competency granted by any other Maritime Administration of a country duly recognized by the Federal Government under section100 of the Merchant Shipping Ordinance, 2001 (LII of 2001). 5. Grades of certificates of competency. -(1) There shall be the following grades of certificate of competency which may be granted under these rules, namely: - (a) Master of foreign-going ship or certificate of competency (Deck Officer) class I Master Mariner; (b) first mate of foreign-going ship or certificate of competency (Deck Officer) class II; (c) second mate of foreign-going ship or certificate of competency (Deck Officer) class III; and (d) certificate of competency (Deck Officer) class IV. 6. Endorsements. – A candidate holding a certificate of competency (Deck Officer) class II, class III and class IV may apply for the endorsement of master of the following categories, provided he fulfils the requirements as specified in Chapter VI, namely: - (a) Master home trade endorsement; (b) master coastal trade endorsement; (c) tug master endorsement; and (d) certificate of qualification as master of a foreign-going tug. 7. Certificate of competency granted by other Maritime Administrations. – (1) Acceptance of certificates of competency granted by other Maritime Administrations, as equivalent to those granted by the Federal Government, shall be subject to the condition that the training education and certification system of administration of the country is compatible with the standards maintained in Pakistan in conformity with the International Convention on Standards of Training, Certification and Watch- keeping for Seafarers, 1978, as amended in 1995, and as per the provisions of section 100 of the Pakistan Merchant Shipping Ordinance, 2001(LII of 2001), shall be granted a certificate of recognition as specified in Appendix B. (2) Candidates applying for certificate of recognition must have the knowledge of the maritime laws as in force in Pakistan, and the maritime laws embodied in international agreements and conventions, and the implementation of such laws. CHAPTER II. - EXAMINATIONS (GENERAL PROVISIONS) 8. Competencies and training. –(1) Certificates of competency and command endorsements shall be granted only by examination consisting of written, oral and signal components where appropriate. (2) A candidate shall be assessed to ensure that they meet the standards of competence required under these rules, which detail the level of knowledge, understanding, proficiency and the methods, which shall be used to determine candidate’s competence to undertake different functions, associated with different levels of responsibility. (3) Ancillary training in safety and technical subjects which are mandatory, shall be required for each grade of certificate of competency as specified in Appendix “C”. (4) Subject to sub-rule (3), a candidate shall submit certificates of successful completion of ancillary training from an Academy, College or Institute approved by the Federal Government before the grant of certificate of competency. 9. Examination of foreigners. - A foreigner candidate may be examined for all grades of certificates of competency subject to such conditions as shall be applicable to other candidates under these rules. 10. Proof of nationality. - Every candidate for a certificate of competency or command endorsement shall be required to produce proof of nationality by producing a passport or certificate of citizenship or national identity card. 11. Knowledge of English language. - All candidates must prove to the satisfaction of the Examiner that they can speak and write in English language sufficiently well to perform the duties required of them on board a ship. 12. Medical fitness and eyesight test. -(1) Each candidate shall be medically fit including eyesight, colour vision and hearing as per the standard laid down in Appendix “D”. (2) Each candidate shall be medically examined, by a medical practitioner approved by the Federal Government, which shall be valid for two years. (3) Eyesight and colour vision test shall be held at Mercantile Marine Department, Karachi which shall be valid for one year. 13. Examination fee. –(1) A candidate shall be required to pay the appropriate fee as specified in Appendix “E”, on each occasion on which he presents himself for an examination either for a certificate of competency or for the endorsement of a certificate of competency. (2) No part of the fee paid by a candidate shall be refundable or creditable in any case. 14. Eligibility fee. – A candidate enquiring as to his eligibility for examination shall be required to pay the appropriate fee as specified in Appendix “E” before any step is taken to enquire into his sea service or to his qualifications, etc. 15. Application for examination. –(1) A candidate, prior to applying for examination of any grade of certificate of competency in order to get his sea service assessed, shall submit an application through the Principal Officer, Mercantile Marine Department, Karachi, addressed to the Principal Examiner of Master and Mates along with prescribed fee as specified in Appendix “E”. Following certificate and documents to be attached, namely: - (a) Seamen service book; (b) medical fitness certificate as specified in rule 12; (c) ancillary training certificates as specified in Appendix C; and (d) sea service testimonial as specified in rule 26. (2) The Principal Examiner of Master and Mates shall issue a notice of eligibility to the candidate on a form as specified in Appendix “F”. (3) An application form as set out in Appendix “G” duly filled in along with prescribed fee as specified in Appendix “E”, for all grades of certificate of competency examination or endorsement should be sent to the Principal Examiner of Master and Mates through the Principal Officer, Mercantile Marine Department, Karachi.