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Start Free TrialMerchant 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 Section 20
Title: Amendment of Section 352d
State: Central
Year: 2002
In section 352D of the principal Act,- (i) in sub-section (5), for clause (a), the following clause shall be substituted, namely:- '(a) "Convention country" means a country in which the Convention on Limitation of Liability for Maritime Claims, 1976 as amended from time to time is for the time being in force;'; (ii) after sub-section (5), the following sub-sections shall be inserted, namely: "(6) Notwithstanding anything contained in sub-sections (1) to (4), the vessels or other property referred to in sub-section (1) shall be ordered to be released if the limitation Fund has been constituted,- (a) in the port where the occurrence took place, or, if it took place out of port, in the first port of call thereafter; (b) in the port of disembarkation in respect of claims for loss of life or personal injury; or (c) in the port of discharge in respect of damage to cargo. (7) The provision of sub-section (6) shall apply only if the claimant brings a claim against the limitation Fund before the High Court administering the Fund and the Fund is actually available and freely transferable in respect of that claim.".
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