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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."

Merchant Shipping Act, 1958 Section 118

Title: Discharge Before Shipping Master

State: Central

Year: 1958

(1) When a seaman serving in a foreign-going ship is, on the termination of his engagement, discharged in India, he shall, whether, the agreement with the crew be an agreement for the voyage or running agreement, be discharged in the manner provided by this Act in the presence of a shipping master. (2) The provisions of sub-section (1) shall apply inflation to the discharge, of seamen serving in a home-trade Indian ship of two hundred tons gross or more as they apply in relation to the discharge of seamen serving in a foreign-going ship: Provided that this sub-section shall not apply where a seaman is discharged from a Ship under an agreement made in accordance with section 103 for service in two or more ships, for the purpose of being engaged in another ship to which the agreement relates. (3) If the master, owner or agent of a home-trade ship, other than a ship to which the last preceding sub-section applies, so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign-going ship.

Merchant Shipping Act, 1958 Section 84

Title: Production of Certificates of Competency to Shipping Master

State: Central

Year: 1958

.....certificate to the effect that the proper certificates of competency have been so produced. (3) The master shall, before proceeding to sea, produce the certificate given to him by the shipping master to the customs collector. (4) No customs collector shall clear any such ship outwards without the production of such certificate; and, if any ship attempts to go to sea without a clearance, the customs collector may detain her until the certificate is produced. _________________________ 1.Substituted for the words "master, mate, engineers and engine drivers" by Marchant Shipping(Amdt.) Act (13 of 1987),Section6 (1-7-89). 2.Word "and" omitted and Cl. (c) inserted by Marchant Shipping(Amdt.) Act (13 of 1987),Section6 (1-7-89).

Merchant Shipping Act, 1958 Section 170

Title: Foreign Going Indian Ship to Carry Duly Certificated Cook

State: Central

Year: 1958

(1) With effect from such date as the Central Government may, by notification in the official Gazette, specify, every foreign-going Indian ship of such tonnage as may be prescribed shall be provided with, and shall carry, a cook duly certificated under this Act. (2) The Central Government may make rules specifying the qualifications, experience or sea service which may be required from persons who wish to obtain certificates of competency as cooks under this Act, and the conditions under which any such certificate may be granted, cancelled or suspended.

Merchant Shipping Act, 1958 Section 128

Title: Payment of Wages Before Shipping Master

State: Central

Year: 1958

(1) Where a seaman discharged in India before a shipping master he shall receive his wages through, or in the presence of, the shipping master unless a competent Court otherwise directs. (2) If the master or owner of a home-trade ship of less than two hundred tons gross so desires the seamen of that ship may receive their wages in the same manner as seamen discharged from a foreign-going ship, or from a home-trade ship of two hundred tons gross or more.

Merchant Shipping Act, 1958 Section 173

Title: Certain Ships to Carry Medical Officer

State: Central

Year: 1958

(1) Every foreign-going ship carrying more than the prescribed number of persons (including the crew), shall have on board as part of her complement a medical officer possessing such qualifications as may be prescribed. (2) Nothing in this section shall apply to [special trade passenger ship] or a pilgrim ship.

Merchant Shipping Act, 1958 Section 344E

Title: Foreign Nuclear Ships to Give Advance Notice of Arrival

State: Central

Year: 1958

1 [344E.Foreign nuclear ships to give advance notice of arrival (1) No nuclear ship, other than an Indian ship, shall enter the territorial waters of India unless the master, owner or agent thereof has given such advance notice of the ship's intended arrival in India as may be prescribed, to such authority as may be specified by the Central Government, and has forwarded along with the notice a true copy of the ship's safety assessment to that authority. (2) If on the examination and evaluation of the ship's safety assessment the authority referred to in sub-section (1) is of opinion that the entry of the ship will involve unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may direct the nuclear ship not to enter the territorial waters of India and the ship shall comply with such direction. _________________________ 1. This Part, consisting of sections 344A to 344I, was inserted by Act 21 of 1966,Section 30 (28-5-1966).

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 Part VII

Title: Seamen and Apprentices

State: Central

Year: 1958

.....ordinarily engaged in maritime navigation, other than a ship of war.] _________________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007]. Section 100 - Agreements with crew The master of every Indian ship, except a home-trade ship of less than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of his crew from any port in India. Section 101 - Form and contents of the agreement (1) An agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be1[signed by the owner or agent and the master] before any seaman signs the same. (2) The agreement with the crew shall contain as terms thereof the following particulars, namely:- (a) the name of the ship or ships on board which the seaman undertakes to serve: (b) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage.....

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).