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Start Free TrialMerchant Shipping (Amendment) Act, 2002 Complete Act
Title: Merchant Shipping (Amendment) Act, 2002
State: Central
Year: 2002
Preamble1 - MERCHANT SHIPPING (AMENDMENT) ACT, 2002 Chapter 1 Section1 - Short title and commencement Chapter 2 Section2 - Substitution of new section for section 76 Section3 - Amendment of section 87 Section4 - Amendment of section 95 Section5 - Substitution of new section for section 97 Section6 - Insertion of new section 97A Section7 - Substitution of new sub-heading for sub-heading above section 299 Section8 - Amendment of section 299 Section9 - Amendment of section 299A Section10 - Substitution of new section for section 300 Section11 - Substitution of new section for section 301 Section12 - Substitution of new section for section 303 Section13 - Amendment of section 307 Section14 - Amendment of section 317 Section15 - Amendment of section 344 Section16 - Amendment of section 352 Section17 - Substitution of new section for section 352A Section18 - Substitution of new section for section 352B Section19 - Amendment of section 352C Section20 - Amendment of section 352D Section21 - Substitution of new section for section 352E Section22 - Insertion of new section 352FA Section23 - Substitution of new section for section 352H Section24 - Amendment of section.....
List Judgments citing this sectionMerchant 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.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Preamble 1
Title: Merchant Shipping (Amendment) Act, 2002
State: Central
Year: 2002
THE MERCHANT SHIPPING (AMENDMENT) ACT, 2002 [Act, No. 63 of 2002] PREAMBLE An Act further to amend the Merchant Shipping Act, 1958, and the Major Port Trusts Act, 1963. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 12
Title: Substitution of New Section for Section 303
State: Central
Year: 2002
.....not be more than three months later than the date on which the survey was completed; (b) the subsequent surveys shall be completed at the stipulated intervals using the new anniversary date so endorsed; (c) the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as the case may be, are carried out so that the maximum stipulated intervals between the surveys are not exceeded. (11) A certificate issued under section 299A, section 300 or section 301 shall cease to be valid,- (a) if the relevant surveys specified in the Safety Convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be, are not completed within the stipulated period; (b) if the certificate is not endorsed; or (c) if the ship ceases to be an Indian ship.".
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 10
Title: Substitution of New Section for Section 300
State: Central
Year: 2002
.....cargo ship the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with the provisions of this Act and the rules made thereunder relating to life saving and fire appliances applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, that Government or the authorised person may issue in respect of the ship- (a) if the ship is of five hundred tons gross or more and performs international voyages, a certificate in the prescribed form to be called a cargo ship safety equipment certificate; (b) in other cases, a certificate in the prescribed form to be called a cargo ship equipment certificate. (2) Where, in respect of a ship referred to in sub-section (1), there is in force an exemption certificate granted under section 302 and the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with all the requirements referred to in that sub-section, other than those from which the ship is exempt under that certificate, that Government or the authorised person may issue a certificate in the.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 13
Title: Amendment of Section 307
State: Central
Year: 2002
In section 307 of the principal Act,- (a) in sub-section (2), in clause (b), for the words "radio telegraphy certificate or a cargo ship safety radio telephony certificate", the words "radio certificate" shall be substituted; (b) for sub-section (2A), the following sub-section shall be substituted, namely:- "(2A) No sea-going Indian cargo ship, less than five hundred tons gross, shall proceed on a voyage from any port or place in India to any port or place in India or to any port or place outside India unless there is in force in respect of the ship a cargo ship construction certificate issued under section 299A and a cargo ship equipment certificate issued under section 300 and,- (i) a cargo ship safety radio certificate if the ship is three hundred tons gross or more; (ii) a qualified cargo ship safety radio certificate if the ship is operating within ports or places in India and is of three hundred to five hundred tons gross; or (iii) a cargo ship radio certificate if the ship is less than three hundred tons gross, issued under section 301."; (c) in sub-section (3),- (i) in clause (a), for the words and figures "equipment certificate issued under section 300",.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 17
Title: Substitution of New Section for Section 352a
State: Central
Year: 2002
.....is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in the provision of the Convention or the rules made under this Part prescribe; (d) claims subject to any International Convention or any law for the time being in force in India governing or prohibiting limitation of liability for nuclear damage; (e) claims against the ship owner of a nuclear ship for nuclear damage. Explanation 1.-For the purpose of this section, the act of involving limitation of liability shall not 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.".
View Complete Act List Judgments citing this sectionMerchant 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.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 14
Title: Amendment of Section 317
State: Central
Year: 2002
.....the following proviso shall be inserted, namely:- "Provided further that when the survey for the purpose of issue of certificate under sub-section (1) of section 316 is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of such survey to a date not exceeding five years from the date of expiry of the existing certificate."; (ii) in sub-section (3), for the portion beginning with the words "shall cease" and ending with the words "Indian ship", the following shall be substituted, namely:- "shall cease to be valid when- (a) the ship ceases to be an Indian ship; (b) material alterations such as would necessitate the assignment of an increased free board have taken place in the hull or superstructure of the ship; (c) the fittings and appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew's quarters are not maintained in an effective condition; (d) the structural strength of the ship is lowered to such an extent as to render the ship unsafe; (e) the certificate is not endorsed to prove that the ship has been surveyed.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 11
Title: Substitution of New Section for Section 301
State: Central
Year: 2002
For section 301 of the principal Act, the following section shall be substituted, namely:- "301. Cargo ship safety radio certificate and qualified cargo ship safety radio certificate etc. The owner or master of any Indian cargo ship, which is required by the provisions of section 291 to be provided with a radio installation shall, if the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with all the provisions of this Act and the rules made thereunder relating to radio installation applicable to such ship, receive- (a) in the case of a ship of three hundred tons gross or more, a certificate in the prescribed form to be called a cargo ship safety radio certificate; (b) in the case of a ship of three hundred tons gross or more but less than three thousand tons gross performing voyages only between ports or places in India, a certificate in the prescribed form to be called a qualified cargo ship safety radio certificate; and (c) in other cases, a certificate in the prescribed form to be called a cargo ship radio certificate.".
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