Bare Act Search Results

Merchant Shipping Act, 1958 Section 358

Title: Shipping Casualties and Report Thereof

State: Central

Year: 1958

.....or casualty as abovementioned occurs to or on board any Indian ship, and any competent witness thereof is found in India; (e) any Indian ship is lost or is supposed to have been lost and any evidence is obtainable in India as to the circumstances under which she proceeded to sea or was last heard of. (2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, harbour master or other person in charge of the ship, or (where two ships are concerned) in charge of each ship at the time of the shipping casualty, and in the cases mentioned in clause (d) of sub-section (1), where the master of the ship concerned or (except in the case of a loss) where the ship concerned proceeds to any place in India from the place where the shipping casualty has occurred, the master of the ship, shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in this behalf by the Central Government.

Inland Vessels Act, 1917 Chapter IV

Title: Investigations into Casualties

State: Central

Year: 1917

.....Court Of Investigation (1)1[Whenever the State Government is satisfied that it is necessary or expedient to have aformal investigation into the facts of any case reported under section 32 or otherwise brought to its notice, the State Government may],-- (a) appoint a special Court and direct the Court to make the investigation at such place as the2[State Government] may fix in this behalf, or (b) direct any principal Court of ordinary criminal jurisdiction or the Court of any District Magistrate to make the investigation. (2) A special Court appointed under clause (a) of sub-section (1) shall consist of not less than two nor more than four persons, of whom one shall be a Magistrate, one shall be a person conversant with maritime affairs or with the navigation of inland3[mechanically propelled vessels], and the other or others (if any) shall be conversant with either maritime or mercantile affairs, or with the navigation of inland3[mechanically propelled vessels]. ________________________ 1. Subsisted by Amendment Act, 1977 (35 of 1977), S. 21 (w.e.f. 1-5-1978). 2. Substituted for the words "Provincial Government" by A. L. O., 1950. 3. For the words.....

Merchant Shipping Act, 1958 Section 359

Title: Report of Shipping Casualties to Central Government

State: Central

Year: 1958

(1) Whenever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has. occurred, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty. (2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it in this behalf.

Inland Vessels Act, 1917 Section 32

Title: Report of Casualties to Be Made to Nearest Police-station

State: Central

Year: 1917

Whenever -- (a) any inland1[mechanically propelled vessel] has been wrecked, abandoned or materially damages, or (b) by reason of any casualty happening to, or on board of, any inland1[mechanically propelled vessel], loss of life has ensued, or (c) any inland1[mechanically propelled vessel] has caused loss or material damage to, any other vessel, the master of the1[mechanically propelled vessel] shall forthwith give notice of the wreck, abandonment, damage, casualty, or loss to the officer in charge of the nearest police-station. ________________________ 1. For the words "Steam-vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "mechanically propelled vessels" substituted respectively section 5 (w.e.f. 1-5-1978.)

Inland Vessels Act, 1917 Section 60

Title: Penalty for Master Failing to Give Notice of Wreck or Casualty

State: Central

Year: 1917

If any master wilfully fails to give notice, as required by section 32, of any wreck, abandonment, damage, casualty or loss, he shall be punishable with fine which may extend to five hundred rupees, and, in default of payment of such fine, with simple imprisonment for a term which may extend to three months.

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....

Merchant Shipping Act, 1958 Part XII

Title: Investigation and Inquiries

State: Central

Year: 1958

.....the Central Government. Section 359 - Report of shipping casualties to Central Government (1) Whenever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has. occurred, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty. (2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it in this behalf. Section 360 - Application to court for formal investigation The officer appointed under sub-section (2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government so directs, shall make an application to a court empowered under section 361, requesting it to make a formal investigation into any shipping casualty, and the court shall thereupon make such investigation. Section 361 - Court empowered to make formal investigation 1[A Judicial Magistrate of the first class] specially empowered in this behalf by the Central Government and a2[Metropolitan Magistrate].....

Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....

Inland Vessels Act, 1917 Complete Act

State: Central

Year: 1917

.....the legislation more effective and useful in regulating the operation of inland vessels having regard to the present day needs. 2. The principal Act was enacted when steam-vessels were in vogue. With the advent of oil-fired vessels, steam-vessels have become scare and even the short title to the Act would be misleading in the present context. Accordingly it is proposed to modify the short title of the Act as "Inland Vessels Act" and to substitute the expression "steam-vessel" by the expression "mechanically propelled vessel". There is no provision now enabling the mortgage of vessels by owners for securing financial assistance for the construction or repair of vessels. Provisions in that regard on the lines of those contained in the Merchant Shipping Act, 195S (44 of 1958)are proposed in order to overcome the difficulty. In the case of wreck, etc., the State Government is authorised to appoint a Court of investigation only on a report to that effect from the master of the vessel. It is considered necessary to provide for the appointment of a Court of investigation on the report of persons other than the master also. At present there is no provision in the Act enabling the.....

Marine Insurance Act, 1963 Section 63

Title: Effect of Abandonment

State: Central

Year: 1963

(1) Where there is a valid abandonment the insurer is entitled to take over the interest of the assured in whatever may remain of the subject-matter, insured, and all proprietary rights incidental thereto. (2) Upon the abandonment of a ship, the insurer thereof is entitled to any freight in course of being earned, and which is earned by her subsequent to the casualty causing the loss, less the expenses of earning it incurred after the casualty; and, where the ship is carrying the owner's goods, the insurer is entitled to a reasonable remuneration for the carriage of them subsequent to the casualty causing the loss.