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Start Free TrialMerchant Shipping Act, 1958 Amending Act II
Title: Merchant Shipping (Amendment) Act, 2002
State: Central
Year: 1958
.....(AMENDMENT) ACT, 2002 [Act, No. 63 of 2002] PREAMBLE An Act further to amend the Merchant Shipping Act, 1958, and the Major Port Trusts Act, 1963. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title and commencement. (1) This Act may be called the Merchant Shipping (Amendment) Act, 2002. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. CHAPTERII AMENDMENTOF THE MERCHANT SHIPPING ACT, 1958 2. Substitution of new section for section 76. For section 76 of the Merchant Shipping Act, 1958 (44 of 1958) (hereinafter referred to as the principal Act), the following section shall be substituted, namely:- "76. Certificates of competency to be held by officers of ships.- (1) Every Indian ship, when going to sea from any port or place, shall be provided with officers duly certificated under this Act in accordance with such manning scales as may be prescribed: Provided that the Central Government may prescribe different manning scales.....
View Complete Act List Judgments citing this sectionMerchant 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 sectionKarnataka Ports (Landing and Shipping Fees) Act, 1961 Section 3
Title: Levy of Fees on Goods Shipped, Etc
State: Karnataka
Year: 1961
.....wholly or partly from any fee to which the same may be liable under this section. 2[Provided further that different fees and different conditions may be prescribed for the port of Mangalore.] (2) Any person who evades or attempts to evade payment of fees fixed under sub--section (1) shall be liable to pay such penalty not exceeding twice the fees payable, as may be prescribed. (3) The fees and penalties prescribed under sub--sections (1) and (2) shall be payable in addition to all tolls or charges lawfully levied within any port. ___________________ 1. Substituted by Act 8 of 1980 w.e.f. 1.1.1980. 2. Inserted by Act 8 of 1980 w.e.f. 1.1.1980. 3. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 323
Title: Inspection and Control of Load Line Convention Ships Other Than Indian Ships
State: Central
Year: 1958
.....lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the surveyor. (5) If it is found 5 [on any inspection under sub-section (2) or, as the case may be, sub-section (2A)] that the ship has been so materially altered in respect of the matters referred to in clauses (c) and (d) of sub-section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 336 (in the case of an Indian ship) or for the purpose of section 342 (in the case of any other ship): Provided that where the ship has been detained under either of the last-mentioned sub-sections, the Central Government shall order the ship to be released as soon as, it is satisfied that the ship is fit to proceed to sea without danger to human life. (6) If a valid international load line certificate 6 [or, as the case may be, international load line exemption certificate] is not produced to the surveyor on such demand as aforesaid the surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the.....
View Complete Act List Judgments citing this sectionKonkan Passenger Ships (Acquisition) Act, 1973 Chapter II
Title: Acquisition of the Konkan Passenger Ships
State: Central
Year: 1973
.....to the Central Government or to such person as that Government may specify in this behalf: Provided that where common books, documents or other papers are maintained by the company in relation to the Konkan passenger ships or any of them and other ships, copies of so much of the books, documents and other papers as relate to the Konkan passengers ships or any of them shall be delivered forthwith to the Central Government or the person specified by that Government. Section 9 - Duty to furnish inventory of articles on the ships The company shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory, as on the appointed day, of the assets, instruments, apparatus and all other properties, whether on board or on the shores or elsewhere, in relation to the Konkan passenger ships.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 282
Title: Powers to Make Rules Relating to Pilgrim Ships
State: Central
Year: 1958
.....(s) the manner in which the dates of sailing shall be advertised under 2 [section 255;] the appointment of pilgrim officers for the purposes of that section and sections 279 and 280; the manner in which payment shall be made under section 279 to pilgrims and to the pilgrim officer; and the procedure to be followed by masters, owners or agents and by pilgrim officers and 3 [Metropolitan Magistrates or Judicial Magistrates of the first class, as the case may be] in proceedings under that section; (t) the functions of the master, medical officer and other ship's officers during the voyage; (u) the local limits within which, and the time and mode at and in which, pilgrims shall be embarked or discharged at any port or place appointed under this Part in that behalf; (v) the time within which a pilgrim ship shall depart or proceed on her voyage after commencing to take pilgrims on board; (w) providing that a pilgrim shall not be received on board any pilgrim ship, unless he is in possession of a passport or a pilgrim's pass regulating the issue of pilgrims passes and prescribing the form of and fees which may be charged for such passes; 4 [*] 5 [(ww) the fees that may be.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 321
Title: Issue to Load Line Certificates to Foreign Ships in India and Indian Ships in Foreign Countries
State: Central
Year: 1958
.....a request, it shall contain a statement that it has been so issued. 3[(2) The Central Government shall, as soon as may be, after the issue of a certificate in respect of a ship under sub-section (1), forward to the Government at whose request such certificate was issued a copy each of the certificate, the survey report used in computing the free, board of the ship and of the computations.] ________________________ 1. Section 321 re-numbered as sub-section (1) thereof by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 10 (w.r.e.f. 21-7-1968). 2. Substituted for the word 'registered', by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 10 (w.r.e.f. 21-7-1968). 3. Inserted, by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 10 (w.r.e.f. 21-7-1968).
View Complete Act List Judgments citing this sectionKonkan Passenger Ships (Acquisition) Act, 1973 Section 3
Title: Acquisition of the Konkan Passenger Ships
State: Central
Year: 1973
On the appointed day, the ownership of the Konkan passenger ships shall, by virtue of this Act, stand referred to, and vest in, the Central Government free from all incumbrances.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Part VIII
Title: Passenger Ships
State: Central
Year: 1958
.....under sub-section (3).] _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Inserted by Amendment Act, 1976 (69 of 1976), Section 9 (1-12-1976). Section 256 - Ship taking additional passengers at intermediate place 1 [(1) If any 2 [special trade passenger ship] performing a voyage between ports or places in India takes additional 2 [special trade passengers] on board at an intermediate port or place, the master shall obtain from the certifying officer 4 [or such other officer as the Central Government may appoint in this behalf] at the port or place a supplementary certificate stating- (a) the number of 2 [special trade passengers] so taken on board; and (b) that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the 3 [special trade passengers] on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the scale for the time.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Complete Act
Title: Merchant Shipping Act, 1958
State: Central
Year: 1958
.....Indian ship Section453 - Certain persons deemed to be public servants Section454 - Powers of persons authorised to investigate, etc Section454A - Power to prescribe alternative fittings, etc Section455 - Exemption of public ships, foreign and Indian Section456 - Power to exempt Section457 - General power to make rules Section458 - Provisions with respect to rules and regulations Section459 - Power to constitute committees to advise on rules, regulations and scales of fees Section460 - Protection of persons acting under Act Section460A - Removal of difficulties Part XVIII Section461 - Repeals and savings ScheduleI - SCHEDULE Amending ActI - MERCHANT SHIPPING (AMENDMENT) ACT, 2003 Amending ActII - MERCHANT SHIPPING (AMENDMENT) ACT, 2002 Amending Act3 - MERCHANT SHIPPING (AMENDMENT) ACT, 2007
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