Bare Act Search Results

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 Section 78

Title: Grade of Certificates of Competency

State: Central

Year: 1958

.....the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watchkeeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.] ________________________ 1. Substituted for Section 78 by Merchant Shipping (Amendment) Act (13 of 1987), Section 4 (1-7-89).

Karnataka Marine Fishing (Regulation) Act, 1986. Section 6

Title: Prohibition of Fishing Using Fishing Vessels Which Are Not Licenced

State: Karnataka

Year: 1986

No person shall after the commencement of this Act carry on fishing in any specified area using a fishing vessel which is not licenced under section 5 : Provided that nothing in this section shall apply to any fishing vessel, which was being used for fishing immediately before the commencement of this Act for such period as the Government may by notification specify.

Maritime Zones of India Regulation of Fishing by Foreign Vessels Act, 1981 Chapter II

Title: Regulation of Fishing by Foreign Vessels

State: Central

Year: 1981

.....of any licence or permit has made such incorrect or false statement as is referred to in sub-section (1) or has contravened the provisions of this Act, rule or order made thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, it may, without prejudice to any other penalty to which such holder may be liable under the provisions of this Act, cancel such licence or permit, as the case may be. (3) Every person whose licence or permit has been suspended under sub-section (1) shall, immediately after such suspension, stop using the foreign fishing vessel in respect of which such licence or permit is given and shall not resume such fishing until the order of suspension has been revoked. (4) Every holder of a licence or permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender such licence or permit, as the case may be, to the Central Government. Section 7 - Foreign vessel entering maritime zones of India without licence or permit to stow gear Where any foreign vessel enters any maritime zone of India without a valid licence or permit granted under this Act, the fishing gear,.....

Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 Complete Act

State: Central

Year: 1981

.....any vessel other than an Indian vessel; (e) "Indian vessel" means- (1) a vessel owned by Government or by a corporation established by a Central Act or a ' Provincial or State Act, or (II) a vessel- (i) which is owned wholly by persons to each of whom any of the following descriptions applies:- (1) a citizen of India; (2) a company in which not less than sixty per cent of the share capital is held by citizens of India; (3) a registered co-operative society every member whereof is a citizen of India or where any other co-operative society is a member thereof, every individual who is a member of such other co-operative society is a citizen of India; and (ii) which is registered under the Merchant Shipping Act, 1958, or under any other Central Act or any Provincial or State Act. (f) "licence" means a licence granted under section 4-; (g) "maritime zones of India" means the territorial waters of India or the exclusive economic zone of India; (h) "master", in relation to a vessel, means the person for the time being having command or charge of the vessel; (i) "owner", in relation to a vessel, includes any association of persons, whether incorporated or not, by whom the vessel is.....

Merchant Shipping Act, 1958 Section 76

Title: Certificates of Competency to Be Held by Officers of Ships

State: Central

Year: 1958

.....one engineer of a fishing vessel who shall be designated as chief engineer; (g) if the vessel has a propulsion power of less than 350 KW, with at least one engine driver of a fishing vessel who shall be designated as engineer-in-charge, (5) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches. Explanation.-- For the purposes of clauses (e) and (f) of sub-section (4), any person holding a certificate of competency as a marine engineer officer class I or class II shall be deemed to be a duly certificated engineer of a fishing vessel, and for the purposes of clause (g) of that sub-section a person holding a certificate of competency as engine driver of a sea-going ship shall be deemed to be a duly certificated engine driver of a fishing vessel."

Karnataka Marine Fishing (Regulation) Act, 1986. Section 8

Title: Registration of Vessels

State: Karnataka

Year: 1986

.....of fishing and kept in the State, not being a fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) or a fishing vessel registered under any other Central or State Act for the time being in force, shall register such vessel under this Act. (2) Every application for registration of such vessel shall be made by the owner of such vessel to the authorised officer, in such form, and shall be accompanied by such fees, as may be prescribed, - (a) before the expiration of two months from the date on which he first became the owner of such vessel ; or (b) before the expiration of six months from the commencement of this Act whichever is later : Provided that the authorised officer may, for sufficient reason to be recorded in writing, extend the time limit for making the application by such period as he thinks fit but not exceeding one year. (3) The authorised officer shall issue to the owner of the vessel registered by him a certificate of registration in the prescribed form and shall enter in a register to be kept by him, in such form as may be prescribed, the particulars of such certificate. .....

Karnataka Marine Fishing (Regulation) Act, 1986. Section 3

Title: Power to Regulate, Restrict or Prohibit Certain Matters Within Specified Area

State: Karnataka

Year: 1986

(1) The Government may, having regard to the matters referred to in sub-section (2), by notification, regulate, restrict or prohibit,- (a) the fishing in any specified area by such class or classes of fishing vessels as may be prescribed ; or (b) the number of fishing vessels which may be used for fishing in any specified area ; or (c) the catching in any specified area of such species of fish and for such period as may be specified in the notification ; or (d) the use of such fishing gear in any specified area as may be prescribed. (2) In making an order under sub-section (1), the Government shall have regard to the following matters namely : - (a) the need to protect the interests of different sections of persons engaged in fishing particularly those engaged in fishing using traditional fishing craft such as country craft or canoe ; (b) the number of fishing vessels which may be used for fishing in any specified area; (c) the need to maintain law and order in the sea ; and (d) any other matter that may be prescribed.

Maritime Zones of India Regulation of Fishing by Foreign Vessels Act, 1981 Section 5

Title: Prohibition of Fishing by Indian Citizens, Etc., Using Foreign Vessels

State: Central

Year: 1981

.....may be prescribed and to such additional conditions and restrictions as may be specified therein. (6) A person holding a permit under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this Act or any rule or order made thereunder and the conditions of such permit. (7) Notwithstanding anything contained in the foregoing provisions of this section, or in section 3, any permission granted to an Indian citizen to use or employ foreign fishing vessels in any maritime zone of India and in force immediately before the commencement of this Act shall, if the terms and conditions of such permission are not inconsistent with the provisions of this Act, be deemed to be a permit granted under this section and such permission shall continue to be in force after such commencement on the same terms and conditions, including the conditions as to the area of operation and the period of its validity, and the provisions of this Act shall, so far as may be, apply to such permission.

Maritime Zones of India Regulation of Fishing by Foreign Vessels Act, 1981 Section 6

Title: Cancellation or Suspension of Licence or Permit

State: Central

Year: 1981

.....may be. (2) Where the Central Government is satisfied, after making such inquiry as is necessary, that the holder of any licence or permit has made such incorrect or false statement as is referred to in sub-section (1) or has contravened the provisions of this Act, rule or order made thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, it may, without prejudice to any other penalty to which such holder may be liable under the provisions of this Act, cancel such licence or permit, as the case may be. (3) Every person whose licence or permit has been suspended under sub-section (1) shall, immediately after such suspension, stop using the foreign fishing vessel in respect of which such licence or permit is given and shall not resume such fishing until the order of suspension has been revoked. (4) Every holder of a licence or permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender such licence or permit, as the case may be, to the Central Government.