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Merchant Shipping (Amendment) Act, 2002 Chapter 2

Title: Amendment of the Merchant Shipping Act, 1958

State: Central

Year: 2002

.....constitute an admission of liability. Explanation 2. - For the purpose of this Part, the liability of a ship owner shall include liability in an action brought against the ship herself.". Section 18 - Substitution of new section for section 352B For section 352B of the principal Act, the following section shall be substituted, namely:- "352B. Limitation of liability. The amount to which any person referred to in sub-section (1) of section 352A may limit his liability in accordance with the provisions of the Convention and in cases where the provisions of the Convention are not applicable, the limit shall be in accordance with the rules made in this behalf prescribe.". Section 19 - Amendment of section 352C In section 352C of the principal Act,- (a) in the marginal heading, the words "against owner" shall be omitted; (b) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where any liability is alleged to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person.....

Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Chapter II

Title: Offences

State: Central

Year: 2002

.....anything contained in the Code,-- (a) all offences under this Act shall be triable only by the Designated Court specified under sub-section (1) of section 5; (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that where such Magistrate considers,-- (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Designated Court having the jurisdiction; (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code, in.....

Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 3

Title: Offences Against Ship, Fixed Platform, Cargo of a Ship, Maritime Navigational Facilities, Etc

State: Central

Year: 2002

.....the safe navigation of a ship or safety of a fixed platform shall be punished with the punishment provided for such offence. (4) Where any act referred to in sub-section (1) is committed,-- (a) against or on board-- (i) an Indian ship at the time of commission of the offence; or (ii) any ship in the territory of India including its territorial waters; (b) by a stateless person, such act shall be deemed to be an offence committed by such person for the purposes of this Act. Explanation.-- In this sub-section, the expression "stateless person" means a person whose habitual residence is in India but he does not have nationality of any country. (5) Where an offence under sub-section (1) is committed and the person accused of or suspected of the commission of such offence is present in the territory of India and is not extradited to any Convention State or Prool State, as the case may be, such person shall be dealt with in India in accordance with the provisions of this Act. (6) On being satisfied that the circumstances so warrant, the Central Government or any other authority designated by it shall take the person referred to in sub-section (5) and present.....

Merchant Shipping (Amendment) Act, 2002 Section 21

Title: Substitution of New Section for Section 352e

State: Central

Year: 2002

.....shall be substituted, namely:- "352E. Scope of application. -(1) The provisions of this Part shall apply whenever any person referred to in sub-section (1) of section 352A seeks to limit his liability before the Court or seeks to procure the release of a ship or other property or the discharge of any guarantee given within the Indian jurisdiction but any person referred to in sub-section (1) of section 352A who at the time when the provisions under this Part are invoked before any Court in India does not have his habitual residence in India or does not have his principal place of business in India or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of the State, which is a party to the Convention, is wholly excluded from the provisions of this Part. (2) The provisions of this Part shall not be applicable to the following vessels unless the Central Government, by notification, specify otherwise,- (a) ships intended for navigation on or around coast of India and registered as coastal vessels under the provisions of this Act; (b) ships less than three hundred tons; (c).....

Merchant Shipping (Amendment) Act, 2002 Section 23

Title: Substitution of New Section for Section 352h

State: Central

Year: 2002

For section 352H of the principal Act, the following section shall be substituted, namely:- '352H. Definitions.- In this Part, unless the context otherwise requires,- (a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage; (b) "liability convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time.'. (c) "oil" means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship; (d) "owner" means (i) the person registered as owner of the ship; (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a ship owned by a foreign State, the person registered in that State as operator of the ship; (e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions; (f) "pollution damage" means (i) loss or damage caused outside the ship by.....

Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Complete Act

State: Central

Year: 2002

.....may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires," (a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); (b) "Continental Shelf of India" shall have the meaning assigned to it in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); (c) "Convention" means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, signed at Rome on the 10th day of March, 1988 as amended from time to time; (d) "Convention State" means a State Party to the Convention; (e) "fixed platform" means an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration for, or exploitation of resources or for other economic purposes; (f) "Protocol" means the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf adopted at Rome on the 10th day of March, 1988 as amended from time to time; (g) "Protocol State" means a State Party to the Protocol; (h) "ship" means a vessel of any type whatsoever.....