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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.....

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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,.....

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Indian Lighthouse Act, 1927 Part I

Title: Preliminary

State: Central

Year: 1927

.....character, or mortgagee in possession and any agent to whom a ship is consigned; (h) "port" means any port as defined in the Indian Ports Act, 1908, to which that Act extends; 2 [***] 3 [(hh) "proper officer", in relation to any functions to be performed under this Act, means the officer of Customs who is assigned those functions by the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963 ), and includes any person appointed by the Central Government to discharge the functions of a proper officer under this Act;] 4 [(hha) "ship" includes a sailing vessel,] (i) words and expression used in this Act and not otherwise defined have the same meaning respectively as in the 5 [Merchant Shipping Act 1958 (44 of 1958)] ______________________________ 1. Clause (a) omitted by the Indian Lighthouse (Amendment) Act, 1976, w.e.f. 20-03-1976.Prior to omission clause (a) stood as follows "(a) "Customs-collector" means an officer of customs exercising the powers of a Customs-collector under the Sea Customs Act, 1878, and includes any person appointed by the Central Government to discharge the functions of a.....

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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.....

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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.....

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Merchant Shipping Act, 1958 Part IX

Title: Safety

State: Central

Year: 1958

.....at Sea (known briefly as the Safety Convention) of 1960, replacing the Safety Convention of 1948. This Convention contains a provision for the enactment and promulgation by Contracting Governments of laws and regulations to give effect to its provisions. This Convention came into force on the 17-6-1960. For definition of "Safety Convention",see Section 3 (37). Section 283A - Definitions 1[283A. Definitions (1) In this Part, unless the context otherwise requires,- (a) "existing ship" or "existing vessel" means a ship or vessel which is not a new ship or a new vessel, (b) "new ship" or "new vessel" means a ship or vessel whose keel is laid or which is at a similar stage of construction on or after the material date as defined in sub-section (2). (2) For the purposes of sub-section (1) "material date",- (i) in relation to an Indian ship, means the 21st July, 1968: (ii) in relation to a foreign ship belonging to a country to which the Load Line Convention applies, means the date as from which it is declared under section 283 that the Government of such country has accepted the Load Line Convention or, as the case may be, that the said Convention has been applied.....

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Merchant Shipping (Prevention of Pollution of the Sea by Oil) Rules, 1974 Complete Act

State: Central

Year: 1974

.....which are being loaded and water round the ship's side shall be inspected to ascertain that no oil is escaping; (c) if loading is proceeding satisfactorily, the rate of loading may be gradually increased until the desired loading rate is obtained; (d) after obtaining the desired rate of loading, a further inspection shall be made of the tank being loaded and water around ship's side for detecting any possible escape of oil; (e) only such number of tanks may be loaded simultaneously as could be safely watched and controlled; (f) the depth of oil in each cargo tank which is being loaded shall be constantly watched and the receiving rate shall be appropriately reduced towards the final stages of loading; (g) to allow time for orderly control, the slowing down of receiving rate that may be necessary during the topping off process shall be anticipated and appropriate notice given to the shore staff ; (h) after any tank valve been closed, the liquid level in the tank shall be checked to ensure that the valve is properly closed. (4) Before commencement of unloading operations, the tanker shall be inspected to ensure that (a) all cargo deck line valves, sea valves and any stern.....

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Merchant Shipping Act, 1958 Part VIII

Title: Passenger Ships

State: Central

Year: 1958

.....under sub-section (3).] _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Inserted by Amendment Act, 1976 (69 of 1976), Section 9 (1-12-1976). Section 256 - Ship taking additional passengers at intermediate place 1 [(1) If any 2 [special trade passenger ship] performing a voyage between ports or places in India takes additional 2 [special trade passengers] on board at an intermediate port or place, the master shall obtain from the certifying officer 4 [or such other officer as the Central Government may appoint in this behalf] at the port or place a supplementary certificate stating- (a) the number of 2 [special trade passengers] so taken on board; and (b) that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the 3 [special trade passengers] on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the scale for the time.....

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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.

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Indian Dock Labourers Act, 1934 [Repealed] Repealing Act 1

Title: Dock Workers (Safety, Health and Welfare) Act, 1986

State: Central

Year: 1934

.....regulations shall be regarded as confidential and shall not be disclosed to any person or authority unless such disclosure is for the purpose of any action or proceeding under this Act or the regulations or under any other law or unless the Chief Inspector or the Inspector considers such disclosure necessary to ensure the health, safety or welfare of any dock worker. (2) The Chief Inspector or the Inspector shall not disclose the source of any complaint bringing to his notice a defect or breach of any legal provisions and if any visit or inspection is to be made in connection with such a complaint, he shall give no intimation to the employer that the visit is made in consequence of receipt of such a complaint: Provided that the restrictions imposed under this sub-section shall not apply to any case where the complainant himself has expressed his willingness to have the source of the complaint disclosed. (3) If the Chief Inspector or an Inspector or any other person referred to in subsection (1) discloses, contrary to the provisions of this section, any information as aforesaid, he shall he punishable with imprisonment for a term which may extend to one year, or with fine,.....

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