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.....

Marine Insurance Act, 1963 Section 41

Title: Warranty of Seaworthiness of Ship

State: Central

Year: 1963

(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage. (4) A ship deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.

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.....

Merchant Shipping (Distress Messages and Navigational Warnings) Rules, 1964 Complete Act

State: Central

Year: 1964

..... (3) The Distress Signal shall precede the Distress Call and Message. (4) The use of the distress signal in any one of the ways specified in sub-rule (2) except for the purpose mentioned in sub-rule (1), or the use of any signal which is likely to be confused with the distress signal in one of the ways referred to in sub-rule (2) is prohibited. Note. Vessels in distress may use the radiotelegraph alarm signal or the radiotelephone alarm signal to secure attention to distress calls and messages. The radiotelegraph alarm signal, which is designed to actuate the radiotelegraph auto alarms or vessels so fitted, consists of a series of twelve dashes, sent in one minute, the duration of each dash being 4 seconds, and the duration of the interval between 2 consecutive dashes being one second. The radiotelephone alarm signal consists of 2 tones transmitted alternately over periods of from 30 seconds to one minute. Rule 5 Revocation of Distress Signal If, after sending out any distress signal by means of radio, the Master of the vessel which controlled the distress traffic subsequently finds that assistance is no longer required, he shall immediately send out a message notifying.....

Merchant Shipping (Forms of Licences) Rules, 1960 Complete Act

State: Central

Year: 1960

.....Definitions In these rules, (a) "Act" means the Merchant Shipping Act, 1958 (44 of 1958) (b) "Form" means a form set out in the Schedule to these rules. Rule 3 Forms of applications and licences Every application for a licence specified in column 1 of the table below shall be made in the Form specified against it in column 2 of the said table and the licence, when granted, shall be in form specified in the corresponding entry in column 3 thereof. SCHEDULE 1 [See Rule 7(1)] A. On meeting with dangerous ice, a dangerous derelict or any other direct danger to navigation (except a tropical storm), the Master shall send information relating to the following matters, namely: (i) the kind of ice, derelict or other danger observed; (ii) the position of the ice, derelict or other danger when the observation was made; (iii) the Greenwich Mean Time and date when the observation was made. B. On meeting with a tropical storm, the Master of the vessel shall send a statement that a storm has been encountered as also information relating to the following matters, namely: (i) the Greenwich Mean Time, date and position of the ship at the time the storm was encountered; (ii) The true.....

Merchant Shipping Act, 1958 Part XI

Title: Navigation

State: Central

Year: 1958

.....log book, cause other record to be kept of his reasons for not going to the assistance of that person.] _______________________ 1. Inserted by Act 21 of 1966, section 33 [28-5-1966]. Section 356 - Power to make rules3 as to signals The Central Government may, subject to the condition of previous publication, make rules prescribing -- (a) the manner of communicating information regarding dangers to navigation, and the authorities on shore to whom such information is to be communicated; 1(aa) the manner of communicating intelligence regarding dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelligence;] (b) the signals which shall be2[signals of distress, urgency and of safety] respectively; (c) the circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked; and (d) the speed at which any message sent by3[radio telegraphy or telephony] in connection with such signal is to be transmitted. _______________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 1966 (21.....

Merchant Shipping Act, 1958 Section 354

Title: Duty to Report Dangers to Navigation

State: Central

Year: 1958

The master of any Indian ship on meeting with dangerous ice, a dangerous derelict, a tropical storm or any other direct-danger to navigation 1 [or on encountering sub-freezing air temperatures associated with gale -- force winds, causing severe ice accretion on superstructures or strong gales for which no storm warning has been received by him] shall send information accordingly by all means of communication at his disposal and in accordance with such rules as the Central Government may make in this behalf to ships in the vicinity and to such authorities on shore as may be prescribed by those rules. Explanation.-- For the purpose of this section the expression "tropical storm" means a hurricane typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in the vicinity. _______________________ 1. Inserted by the Merchant Shipping (Amdt.) Act, 1966 (21 of 1966), section 32 (28-5-1966).

National Commission for Safai Karmachari Act, 1993 Chapter III

Title: Functions and Powers of the Commission

State: Central

Year: 1993

..... (iii) measures for the social and economic upliftment of Safai Karamcharis; (iv) the provisions of any law in it application to Safai Karamcharis, and take up such matters with the concerned authorities or with the Central or State Governments; (d) make periodical reports to Central and State Governments on any matter concerning Safai Karamcharis, taking into account any difficulties or disabilities being encountered by Safai Karamcharis; (e) any other matter which may be referred to it by the Central Government. (2) In the discharge of its functions under sub-section (1), the Commission shall have power to call for information with respect to any matter specified in that sub-section from any Government or local or other authority.

National Commission for Safai Karmachari Act, 1993 Section 8

Title: Functions and Powers of the Commission

State: Central

Year: 1993

..... (iii) measures for the social and economic upliftment of Safai Karamcharis; (iv) the provisions of any law in it application to Safai Karamcharis, and take up such matters with the concerned authorities or with the Central or State Governments; (d) make periodical reports to Central and State Governments on any matter concerning Safai Karamcharis, taking into account any difficulties or disabilities being encountered by Safai Karamcharis; (e) any other matter which may be referred to it by the Central Government. (2) In the discharge of its functions under sub-section (1), the Commission shall have power to call for information with respect to any matter specified in that sub-section from any Government or local or other authority.

Banking Regulation Act, 1949 Complete Act

State: Central

Year: 1949

.....in recent years in banking, especially the rapid growth of banking resources and of the number of banks and branches. Regard must also be had to the fact that the banking system is likely in the post-war period to be more vulnerable by reason of the great expansion, both quantitatively and relatively that has taken place in demand deposits, as compared with time deposits, during the war years. The enactment of a separate comprehensive measure has in consequence now become imperative. 2. With this object in view. a Bill to amend the law relating to Banking Companies was introduced in the Legislative Assembly in November. 1944 and was subsequently circulated for eliciting public opinion through the Provincial Governments, In the ensuing Budget Session of the Assembly the Bill was referred to a Select Committee which was due to meet in October, 1945. but it lapsed before its consideration by the Committee. A fresh Bill with certain modifications which suggested themselves on consideration of the opinions and criticisms received on the 1944 Bill was introduced in the Legislative Assembly in March 1946 and was referred to a Select Committee in April 1946. The report of the Select.....