Bare Act Search Results

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....in 1867, 1882andagain in 1893and 1896 but all these attempts failed owing to legal and constitutional difficulties.Two of the principal contributory factors were the then limited powers of the Indian Legislature to legislate regarding shipping and the fact that part of the British Statute law on the subject, including parts of the Merchant Shipping Act, 1894, which is the principal United-Kingdom enactment on the subject, applied to Indian and any Indian enactment had to be in legal harmony with that law. A fresh attempt was made in 1921-22 to codify the Indian law on merchant shipping by the Statute Law Revision Committee, which decided that only consolidation, and not revision should be attempted immediately. The result was the Indian Merchant Shipping Act, 1923, which is now on the Statute Book and which consolidated some 21 existing Indian Acts on the subject. This Act has also been amended from time to time, the two major amendments being those made in 1933 and in 1953 so as to take power to implement the provisions of the international conventions with respect to load lines, 1930, and with respect to safety of life at sea, 1948, respectively, which have been ratified by.....

Merchant Shipping Act, 1958 Section 330

Title: Power to Make Rules as to Timber Cargo

State: Central

Year: 1958

Loading Of Timber (1) The Central Government shall, subject to the condition of previous publication, make rules (hereafter in this section referred to as the timber cargo rules) as to the conditions on which timber may be carried as cargo in any uncovered space on the deck of any Indian ship. (2) The timber cargo rules may prescribe a special load line to be used only when the ships carrying timber as cargo on deck and the conditions on which such special load line may be assigned, and may further prescribe either generally or with reference to particular voyages and seasons the manner and position in which such timber is to be stowed and the provisions which are to be made for the safety of the crew. (3) Any surveyor may at any reasonable time, inspect any Indian ship carrying a timber as cargo in any uncovered space on her deck for the purpose of seeing whether the timber cargo rules have been complied with. (4) The foregoing provisions of this section and the timber cargo rules shall apply to ships other than Indian ships while they are within Indian jurisdiction as they apply to Indian ships.

Marine Insurance Act, 1963 Schedule I

Title: Schedule

State: Central

Year: 1963

.....said goods and merchandises, and ship, etc., or any part thereof. And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguards and recovery of the said goods and merchandises and ship etc., or any part thereof, without prejudice to this Insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured. And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And so we, the assurers, are contended, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due into us for this assurance by the assured, at and after the rate of. In witness whereof, we, the assurers, have subscribed our names and sums assured in MEMORANDUM N.B.-- Corn, fish, salt, fruit,.....

Indian Lighthouse Act, 1927 Part I

Title: Preliminary

State: Central

Year: 1927

.....Government may, by order in writing, require the local lighthouse authority to comply with the direction, or to make arrangements to the satisfaction of the Central Government for the proper exercise of the power or performance of the duty or to make financial provision to the satisfaction of the Central Government for the performance of the duty as the case may be within such period as the Central Government may specify. (4) If the local lighthouse authority fails to comply with an order made under sub-section (3) within the specified period or within such further time as the Central Government may allow, the Central Government may exercise the power or perform the duty or make the requisite financial provision, as the case may be , and the local lighthouse authority shall be liable to repay to the Central Government any expenditure incurred by it in so doing. Section 8 - Management of local lighthouses by the Central Government The Central Government may, at the request of a local lighthouse authority, undertake the superintendence and management of any local lighthouse on its behalf, and the local lighthouse authority shall pay to the Central Government such sums.....

Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....any express or implied warranty. (4) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact. (5) The term "circumstance" includes any communication made to, or information received by, the assured. SECTION 21: DISCLOSURE BY AGENT EFFECTING INSURANCE Subject to the provisions of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer- (a) every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and (b) every material circumstance which the assured is bound to disclose, unless it comes to his knowledge too late to communicate it to the agent. SECTION 22: REPRESENTATIONS PENDING 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.....

Indian Lighthouse Act, 1927 Section 12

Title: Ascertainment of Tonnage

State: Central

Year: 1927

.....to be of the tonnage denoted in their certificates of registry or other national papers under any order made under any enactment repealed by sub-section (1) of section 461 of the Merchant Shipping Act, 1958(44 of 1958), and continued in force under clause (a) of sub-section (3) of that section or under any rule made under clause (b) of sub-section (2) of section 74 of the said Act (any such ship being hereafter in this section referred to as registered ship), require the owner or master or other person having possession of the ship's register or other papers denoting her tonnage to produce the same for inspection and, if such owner, master or other person refuses or neglects to produce the register or papers, as the case may be, or otherwise to satisfy the proper officer as to the tonnage of the ship, cause the ship to be measured and the tonnage to be ascertained; or] (b) If the ship is not a registered ship and the owner or master fails to satisfy the2[proper officer] as to the true tonnage thereof according to the mode of measurement prescribed by the law for the time being in force for regulating the measurement of registered ships, cause the ship to be measured and the.....

Merchant Shipping Act, 1958 Section 312

Title: Marking of Deck Line and Load Lines

State: Central

Year: 1958

.....and marked, and any ship which docs not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purpose of section 336. ________________________ 1. Substituted for the words, figures and letters "after the 30th day of June, 1932" by Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 6(a). 2. Substituted for the words, figures and letters "before the 1st day of July 1932", by Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 6(a).by section 6(b)(i) Substituted for former clause (c), by Merchant Shipping (Amdt.) Act, 1970 (25 of 1970), section 6(a).by section 6(b)(ii) (w.r.e.f. 21-7-1968). 3. Inserted by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 7 (w.r.e.f. 21-7-1968).

Merchant Shipping Act, 1958 Section 300

Title: Cargo Ship Safety Equipment and Cargo Ship Equipment Certificates for Ships Other then Passenger Ships

State: Central

Year: 1958

.....five hundred tons gross or more, not being a passenger ship, the Central Government 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, the Central Government may issue in respect of the ship- (a) where the ship performs voyages between ports or places in India and ports or places outside India, a certificate in the prescribed form to be called a cargo ship safety equipment certificate;] (b) where the ship performs voyages only between ports or places in India, a certificate in the prescribed form to be called a cargo ship equipment certificate.] (2) Where in respect of any such ship as is referred to in sub-section (1), there is in force an exemption certificate granted under section 302 and the Central Government 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, the Central Government may issue a certificate in the.....

Merchant Shipping Act, 1958 Section 301

Title: Cargo Ship Safety Radio Certificate and Qualified Cargo Ship Safety Radio Certificate Etc

State: Central

Year: 1958

.....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.] ________________________ 1. Substituted by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002). Prior to substitution it read as under: 301. Radio telegraphy and telephony certificates The power or master of any Indian cargo ship, which is required by the provisions of section 291 to be provided with a radio telegraphy or radio telephony installation shall, if the Central Government is satisfied that the ship.....

Merchant Shipping Act, 1958 Section 299

Title: Safety Construction Certificates and Construction Certificates for Cargo Ships

State: Central

Year: 1958

..... 6 [(3) The owner of every ship in respect of which a certificate is issued under sub-section (1) or sub-section (2), sub-section (1) or sub-section (2) of section 300 or section 301 shall, so long as the certificate remains in force, cause the ship to be surveyed in the manner as 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.] ________________________ 1. Sections 299A and 299B, inserted by the Merchant Shipping (Amendment) Act, 1966 (21 of 1966),Section 16(28-5-1966). 2. Words "of five hundred tons gross or more" omitted by Merchant Shipping (Amendment) Act (41 of 1985), :Section 18.05-7-85). 3. Substituted for "the central Government" by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002) 4. Substituted for the words "if the ship performs international voyages", by Merchant Shipping (Amendment) Act (41 of 1985),Section 18.05-7-85). 5. Substituted for "of the Act and the Central Government" by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002) 6. Inserted by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002)