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Start Free TrialMerchant 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
List Judgments citing this sectionMerchant Shipping Act, 1958 Section 42
Title: Transfer of Ships or Shares
State: Central
Year: 1958
.....paid in accordance with the provisions of this Act; (b) the owner of the ship has given notice of such transfer or acquisition of the ship to the Director General.] (3) Subject to the other provisions contained in this section, an Indian ship or a share therein shall be transferred only by an instrument in writing, (4) The instrument shall contain such description of the ship as is contained in the surveyor's certificate or some other description sufficient to identify the ship to the satisfaction of the registrar and shall be in the prescribed form or as near thereto as circumstances permit and shall be executed by the transferor in the presence of and be attested by at least two witnesses. ___________________________ 1. Inserted by Merchant Shipping (Amendment) Act (68 of 1993), Section 3 (w.r.e.f. 27-10-93).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 61
Title: Transfer of Registry
State: Central
Year: 1958
(1) The registry of any ship may, with the previous approval of the Director-General, be transferred from one port of registry to another on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected. (2) On receipt of any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry with a copy of all particulars relating to the ship and the names of all persons appearing in that register to be interested therein as owners or mortgagees. (3) The ship's certificate of registry shall be delivered to the registrar either of the existing or intended port of registry, and, if delivered to the former, shall be transmitted to the registrar of the intended port of registry. (4) On receipt of the documents aforesaid the registrar of the intended port of registry shall enter in his register book all the
View Complete Act List Judgments citing this sectionHooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Preamble 1
Title: Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984
State: Central
Year: 1984
.....and other activities; And WHEREAS the Company has the Capacity and infrastructure to effect an increase in the country's capacity to manufacture ships and other vessels and craft; And WHEREAS an increase in the production of such vessels and craft would reduce the need of the country to make imports of such vessels and craft and would thereby enable the country to save foreign exchange; And WHEREAS the Company is also engaged in the production of grey iron, non-ferrous and alloy castings which are essential to the needs of he economy of the country; And WHEREAS the Company had been suffering heavy losses for a number of years mainly due to lack of fresh investment and modernisation; And WHEREAS further investment of substantial sums of money is needed to run and modernise the undertakings of the Company: but in view of the serious adverse financial condition of the Company it is not in a position to secure such investment: And WHEREAS the liquidation of the Company, by reason of its inability to pay its debts, would prejudicially affect the country's capacity to manufacture such ships, vessels and craft and would thereby be prejudicial to the public.....
View Complete Act List Judgments citing this sectionJayanti Shipping Company ( Acquisition of Shares ) Act , 1971 Section 5
Title: Allocation of Shares to Shipping Corporation of India and Certain Other Persons
State: Central
Year: 1971
(1) All the shares of the company vested in the Central Government by virtue of this Act, except one hundred thereof, shall immediately after they have so vested, stand transferred to and vested in the Shipping Corporation of India. (2) The Central Government may by order transfer the remaining shares to such persons as may be specified in the order to enable the company to function as a Government company. (3) On the transfer of shares to the Shipping Corporation of India under sub-section (1) or to any person under sub-section (2), the company shall forthwith register each transferee as a member of the company. (4) The amount paid by the Central Government for the acquisition of the shares which stand transferred to and vested in the Shipping Corporation of India under sub-section (1) shall be deemed to be the contribution by the Central Government to the equity capital of that Corporation and that Corporation shall issue (if necessary, after amending its memorandum and articles of association) to the Central Government paid-up shares in its capital for a corresponding amount.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 46
Title: Transfer of Ship on Sale by Order of Court
State: Central
Year: 1958
Where any court, whether under section 45 or otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner thereof, and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner.
View Complete Act List Judgments citing this sectionMerchant 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 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 209
Title: Transmission of Documents on Transfer of Seaman from One Ship to Another
State: Central
Year: 1958
Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall; as soon as practicable; transmit to the master of the other ship all documents in his possession relating to the seaman.
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