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.....

Merchant Shipping Act, 1958 Part I

Title: Preliminary

State: Central

Year: 1958

.....the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. Section 2 - Application of Act 1[2. Application of Act (1) Unless otherwise expressly provided, the provisions of this Act which apply to-- (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be. (2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within India, including the territorial2waters thereof.] ___________________________ 1. Substituted for former Section 2 by Merchant Shipping (Amdt.) Act, 1983 (12 of 1983), Section 2(18-5-1983). 2. The territorial waters of India extend into the sea to a distance of twelve nautical miles measured from the appropriate baseline. Section 3 -.....

Merchant Shipping Act, 1958 Section 3

Title: Definition

State: Central

Year: 1958

.....figures, letters and words "17th day of June 1966" by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 3 (18-5-1983). 13. Substituted for former Clause (38) by Act 21 of 1966, Section 2(c), (28-5-1966). 14. Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(b) (1-12-1976). 15. Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(c) (1-12-1976). 16. Inserted by Act 21 of 1966, Section 2(f) (28-5-1966). 17. Clauses (51) and (52) omitted by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(d) (1-12-1976). 18. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007].

Merchant Shipping Act, 1958 Part IX

Title: Safety

State: Central

Year: 1958

.....by the wilful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary. Section 287 - Inspectors of lights and shapes and fog and distress signals (1) The Central Government may appoint persons to inspect in any port ships or sailing vessels to which the collision regulations apply, for the purpose of seeing that such ships or sailing vessels arc properly provided with lights and shapes and with the means of making fog and distress signals, in pursuance of such regulations. (2) If an inspector appointed under sub-section (1) finds that any ship or sailing vessel is not so provided, he shall give to the owner, master or tindal, notice in writing pointing out the deficiency, and also what, in his opinion, is requisite in order to remedy the same. (3) Every notice so given shall be communicated in the prescribed manner to the customs collector at any port from which such slip or sailing vessel may seek to clear; and no customs collector to whom such communication is made shall grant such ship a.....

Merchant Shipping Act, 1958 Section 343

Title: Exemption of Ships from Certain Provisions of This Part

State: Central

Year: 1958

.....gross] or to any ship not fitted with mechanical means of propulsion. (2) Nothing in the preceding sub-section shall affect the exemption conferred by any other provision of this Act. (3) Nothing in this Part shall apply to any ship other than an Indian ship while it is within any port in India if it would not have been within such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer, if any, of the ship could have prevented or forestalled. ________________________ 1. Substituted for the words 'any ship of less than five hundred tons gross other than a passenger ship', by Act 21 of 1966. Section 29(28-5-1966).

Merchant Shipping Act, 1958 Part XVI

Title: Penalties and Procedure

State: Central

Year: 1958

.....ship until such time as the owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the damage, and any officer to whom the orders directed shall detain the ship accordingly. (2) Whenever it appears that before an application can be made under this section, the ship in respect of which the application is to be made will have departed from India of the territorial waters of India, any proper officer may detain the ship for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds. (3) In any legal proceedings in relation to any such damage aforesaid, the person giving security shall be made a defendant and shall for the purpose of such proceeding be deemed to be the owner of the ship that has occasioned the damage. Section 444 - Power to enforce.....

Merchant Shipping Act, 1958 Section 436

Title: Penalties

State: Central

Year: 1958

..... 86 If 9 [a special trade passenger] or pilgrim 248(1) ship carries 10 [special trade passengers] or pilgrims in contravention of sub-section (1) section 248. 248 (1) The master, owner or agent shall be liable . to fine which may extend to two thousand rupees. 87 If a master, owner or agent 'contravenes 249 section 249. 249 Fine which may extend to one thousand rupees. 88 If an owner, agent or master contravenes 252 section 252. 252 Fine which may extend to one thousand rupees. 89 If the master, owner or agent fails to 255(1) comply with sub-section (1) of section 255. 255 (1) Fine which may extend to two hundred rupees 11 [89A If a master, owner or agent contravenes 255 (6) sub-section (6) of section 255. 255 (6) Fine which may extend to two thousand upees.] 90 If medical officers or medical attendants are not carried on 12 [a special trade passenger ship] as required by sub-section (1) or sub-section (2) or section 259 as the.....

Finance (No. 2) Act, 1971 Complete Act

State: Central

Year: 1971

.....engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining. Explantion.-- For the purposes of this clause, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining, if the income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VIA of the Income-tax Act) is not less than fifty-one per cent. of such total income; (d) "tax free security" means any security of the Central Government issued or declared to be income-tax free, or any security of a State Government issued income-tax free, the income-tax whereon is payable by the State Government, (e) all other words and expressions used in this section and the First Schedule but not defined in this sub - section and defined in the Income-tax Act shall have the meanings respectively, assigned to them in that Act. SECTION 03:.....

Merchant Shipping (Musters)rules, 1968 Complete Act

State: Central

Year: 1968

.....1958); (b) "muster" includes a boat-drill and a fire-drill; (c) "official log book" means the official log book to be kept under Sec. 212 of the Act. Rule 3 Classification of Ships For the purposes of these rules, ships shall be arranged in the following classes, namely: Class I Passenger ships (other than those falling under Classes II, III and IV) engaged on international voyages. Class II Passenger ships (other than those falling under Class IV) engaged on short international voyages. Class III Unberthed Passenger ships (other than ships of Class IV) engaged on international voyages. Class IV Unberthed passenger ships engaged on short international voyages. Class V Unberthed passenger ships engaged on coastal voyages. Class VI Cargo ships (other than those falling under Class VII). Class VII Cargo ships engaged on coastal voyages. Class VIII Ships not falling under Classes I to VII. Rule 4 Muster List (1) The master of every ship of Classes I to VII shall, before the ship proceeds on a voyage, prepare a muster list showing in respect of each member of the crew the special duties which are allotted to him and the stations to which he shall go in the event of an.....

Merchant Shipping (Pilot Ladder)rules, 1967 Complete Act

State: Central

Year: 1967

..... Rule 3 Maintenance and use of pilot ladder and other appliances (1) The pilot ladder and the appliances required to be carried on board under sub-rule (2) of rule 2 (hereinafter in this rule referred to as other appliances) shall be kept in good condition and shall be reserved for the use of officials and other persons, while a ship is arriving at, or leaving, a port and for the embarkation and disembarkation of pilots. (2) Pilot ladder and other appliances shall be used whenever a pilot, harbourmaster or assistant harbour-master embarks or disembarks from a ship. (3) It shall be the duty of the master or other person in charge of a ship to ensure that no ladder other than a pilot ladder is used by a pilot for embarkation or disembarkation. (4) The rigging of the pilot ladder and other appliances and the embarkation and disembarkation of a pilot shall be supervised by the mate or other responsible officer on board the ship. Rule 4 Penalty Whoever commits a breach of any of the provisions of these rules shall be punishable with fine which may extend to one thousand rupees and, if the breach is a continuing one, with further fine which may extend to fifty rupees for every.....