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TMI BlogOrder of the Supreme Court in Writ Petition (Civil) No. 657 of 1995 in the matter of Research Foundation for Science, Technology & Natural Resource Policy Vs Union of India (UOI), relating to Ship-breaking- regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... er CBEC. Sir / Madam, Subject: Order of the Supreme Court in Writ Petition (Civil) No. 657 of 1995 in the matter of Research Foundation for Science, Technology Natural Resource Policy Vs Union of India (UOI), relating to Ship-breaking- regarding. **** Kind attention is invited to the Hon ble Supreme Court order dated 06.07.2012 and 30.07.2012 in the Writ Petition No. 657 of 1995 relating to Ship Breaking. At present in India the ship breaking activity is regulated by the directives of the Supreme Court of India in their ruling in W.P. (Civil) No. 657 of 1995 vide Order dated 6th September, 2007. A draft Ship Recycling Code is being formulated by the Ministry of Steel, in terms of: (i) the directions contained in the Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r para 3.1 of the Supreme Court s order dated 06.09.2007 the ship owner / recycler / importer should submit the following documents well on advance of the arrival of the ship for recycling for desk review by the Gujarat Maritime Board (GMB) in consultation with Gujarat Pollution Control Board (GPCB) and Customs Department: (a) Name of the Ship, (b) IMO Identification No. (c) Flag (d) Call Sign (e) Name of the Master of the ship and his nationality (e) List of the crew (f) GRT / NRT /LDT of the ship with supporting documents. Assessment of hazardous waste / hazardous substances: In the structure of the ship, and on Board as far as practicable by reference to the ship s drawings, technical specifications, ship s stores, manife ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner, Customs, who shall dispose of the review application within three working days from the date of receipt of review application. Assistant Commissioner / Deputy Commissioner may hear the Ship owner / recycler / importer personally, if they so desire. In case, the ship owner / recycler/ importer feels aggrieved by the order of review passed by the Assistant Commissioner / Deputy Commissioner he may file an appeal before joint / Additional Commissioner in charge, shall dispose of the same within a period of five working days from the date of receipt of appeal, after dully following the principles of natural justice. B. Process of Beaching: I. The modalities of beaching permission is discussed in para 3.2 of Hon ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on before jurisdictional Assistant Commissioner/Deputy Commissioner, who shall pass order on review application within 3 days from the receipt of review application after dully following the principles of natural justice. III. If the Ship Owner / Recycler / Importer feel aggrieved by the review order passed by the jurisdictional Assistant Commissioner/ Deputy Commissioner, he may file appeal before the jurisdictional Additional Commissioner/ Joint Commissioner, who shall dispose the application within a period of five working days from the date of receipt of appeal, application after dully following the principles of natural justice. IV. In case of ships of special concern i.e. ships which are mentioned in Para 3 of the Supreme Court ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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