LexHALLIBURTON OFFSHORE SERVICES INC & ANR. versus PRINCIPAL OFFICER OF MERCANTILE MARINE DEPARTMENT & ORS.
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[2017) 6 S.C.R. 764 A HALLIBURTON OFFSHORE SERVICES INC & ANR. B v. PRINCIPAL OFFICER OF MERCANTILE MARINE DEPARTMENT & ORS. (Civil Appeal No. 5428 of2017) APRIL 20, 2017 [DIPAK MISRA AND R. BANUMATHI, JJ.J Merchant Shipping Act, 1958 - s.40 - Interpretation of - C Provisional certificate for ships becoming Indian ships abroad - Requirements to get a Provisional Certificate of Registry (PCOR) uls.40 and its effect after expiry of six months - Held: Per Dipak Misra, J.: Requirement for grant of registration dnd provisional registration is the same S.40 has to be read with the preceding provisions contained in s.34 onwards till s.41 - The report of D surveyor and ownership are extremely significant - Conditions precedent to get a provisional certificate are that the surveyor has to see that the ship is completely built and thereafter being satisfied with regard to tonnage and other aspects, then give requisite certificate to make it sea going-According to s.40(2) the provisional E certificate shall be for six months or until the arrival of the ship at the port, where there is a registrar, whichever first happens - Once either of the events happens, the certificate of registration ceases to have effect - Thus, period of six months time is mandatory - Per R.Banumathi, J.: Title/ownership is very vital for Registration of ships - As per r.12 authorised officer on production of satisfactory F proof of ownership grant the provisional certificate of Indian registry - Statutory mandates for permanent registry, uls.34 of the Act are to be satisfied even for obtaining the provisional certificate of registry uls.40 - Six months' time prescribed u/s.40 and sub-section (2) of s.40 as a validity period for PCOR, is only to ensure that a G ship in abroad, becoming Indian ship is able to travel and get itself permanently registered at the port of registry in India - Six months time is accepted as reasonable period for bringing the ship to the port of registry in India and complete other formalities requisite for final registration - Provisional certificate of registry will cease to have effect after six months of date of issuance or until the arrival H of the ship at a port where there is registrar whichever first happens 764 HALLIBURTON OFFSHORE SERVICES INC v. PRINCIPAL 765 OFFICER OF MERCANTILE MARINE DEPT. - PCOR cannot be renewed nor its validity can be extended beyond A six months - Merchant Shipping (Registration of Indian Ships) Rules, 1960 - r.12 - Interpretation of Statutes. Interpreting the provisions of the Act, the Court Per Dipak Misra, J. HELD: 1. The issue relating to law inasmuch as it is B fundamentally required to be dealt with what are the requirements to get a PCOR under Section 40 of the Merchant Shipping Act, 1958. On a perusal of statutory provisions, the Rules and the instructions, it is abundantly clear that requirement for grant of registration and provisional registration is the same. The c Surveyor's report and the ownership are extremely significant. The language employed in various rules and the instructions clearly lay down that the certificate of survey has to convey that the ship was built. There is distinction between "being complete" and "complete" or "was built" and, therefore, unless the ship is completely built and ready sea-going, the owner cannot apply for D provisional registration certificate. [Paras 2, 39) [770-B; 787- H; 788-A, BJ 2, Section 40(2) of the said Act has another aspect. It stipulates the provisional certificate shall be for six months or until the arrival of the ship at the port, wherever there is a registrar, whichever first happens. Once either of the events happens, the certificate of registration ceases to have effect. Thus understood, the period of six months time is mandatory. The peremptory facet clearly conveys that the ship has to be completely built and ready for sailing into the sea. Section 3(41) defines "sea-going" which means in relation to a vessel, which proceeds to sea beyond inland water or beyond waters declared to be smooth or partially smooth waters by the Central Government by notification in the Official Gazette. [Para 40) [788- C-D] 3.1 The legislative intendment, the rules framed by the department and the instructions which have been issued from time to time clearly support the interpretation that the ship has E F G to be completely built and ready for sea-going. If it ca
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