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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.....

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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.....

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Merchant Shipping Act, 1958 Section 147

Title: Wages Not Recoverable Outside India in Certain Cases

State: Central

Year: 1958

Where a seaman is engaged for a voyage which is to terminate in India, he shall not be entitled to sue in any court outside India for wages unless he is discharged with such sanction as is required by this Act, and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board.

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Merchant Shipping Act, 1958 Section 174

Title: Expenses of Medical Attendance in Case of Illness

State: Central

Year: 1958

.....his maintenance while away from the ship, shall be defrayed in like manner. (3) The expenses of all medicines, and surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner. (4) In all other cases any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the Indian consular officer or a shipping master, be deducted from the wages of the master, seaman or apprentice. (5) Where any expenses referred to in this section have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and if any such expenses are, paid by the Government, the amount shall be a charge upon the ship and may be recovered with full costs of suit by the Central Government.

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Trade and Merchandise Marks Act, 1958 [Repealed] Section 122

Title: Trade Usage, Etc., to Be Taken into Consideration

State: Central

Year: 1958

In any suit or other proceeding relating to a trade mark, the tribunal shall admit evidence of the usage of the trade concerned and of any relevenl trade mark or trade name or get up legitimately used by other persons.

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Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....

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Bombay Weights and Measures (Enforcement) Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....Maharashtra Adaptation of Laws (State and Concurrent subjects) Order, 1960. *The provisions of the standards of Weights and Measures (Enforcement) Act, 1985 (Act No. 54 of 1985) have been brought into force, with effect from the 1st July 1987, in the whole of the State of Maharashtra, vide G. N., Food and Civil Supplies Department, No. WMA-1086/2516/XXX, dated the 29th June 1987 and on such enforcement, the corresponding provisions of this Act stand repealed as provided in section 75 of the said Central Act. G.N., I. & L.D., No. WMA. 1066/52814-IND-III, dated the 5th October 1967 (M.G., Pt. IV-B, p. 2255) In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Born. LXIX of 1958), the Government of Maharashtra hereby appoints the 15th day of October 1967 to be the date on which the said Act shall, in relation to all classes of undertakings and all classes of goods (except those classes of undertakings and those classes of goods in respect of which all or any of the provisions of that Act, have already been brought into force) come into force in the whole of State of Maharashtra. SECTION 02: DEFINITIONS.....

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Rajasthan Shops and Commercial Establishments Act, 1958 Complete Act

State: Rajasthan

Year: 1958

.....the employer's family; it also includes any clerical or other staff of a factory or industrial establishment who falls outside the purview of the Factories Act, 1948 (Central Act LXIII of 1948); (6) "employer" means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes the manager, agent or other person acting in the general management or control of an establishment; (7) "establishment" means a shop or a commercial establishment; (8) "family" in relation to an employer means the husband or wife, son, daughter, father, mother, brother or sister of such employer who lives with, and is dependent on him; (9) "Inspector" means an Inspector appointed under the Act; (10) "leave" means leave provided for in Chapter IV of the Act; (11) "night" means a period of at least twelve consecutive hours which shall include the interval between 10 p.m. and 6 a.m.; (12) "opened" means opened for any purpose whatsoever; (13) "period of work" means the time during which an employee is at the disposal of the employer; (14) "prescribed authority" means the authority as may be notified by the State Government in the Official.....

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Merchant Shipping Act, 1958 Section 142

Title: Wages Not to Accrue During Absence Without Leave, Refusal to Work or Imprisonment

State: Central

Year: 1958

(1) A seaman or apprentice shall not be entitled to wages (a) for any period during which he is absent without leave from his ship or from his duty; or (b) for any period during which he unlawfully refuses or neglects to work when required; or (c) unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned. (2) A seaman or apprentice shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it be proved that (a) his illness, hurt or injury was caused by his own wilful act or default or his own mis behaviour; or (b) his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or (c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life.

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Ancient Monuments and Archaeological Sites and Remains Act, 1958 Complete Act

State: Central

Year: 1958

.....Monuments Preservation Act, 1904, and the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951. The Act of 1951 merely declares certain monuments, etc., to be of national importance and the Act of 1904 applies also to such monuments. While the Constitution has distributed the subject-matter under three different heads the Act of 1904 governs all ancient monuments whether falling in the Central field or the State field, and vests all executive power in the Central Government. The position of the existing law relating to ancient monuments is far from satisfactory. The present Bill purports to be a self contained law at the Centre which will apply exclusively to ancient monument, etc., of national importance falling under Entry 67 of List I and to archaeological sites and remains falling under Entry 40 in the Concurrent List. Simultaneously, the State Governments would be advised to enact a similar law in respect of ancient monuments, etc., falling under Entry 12 in the State List. In this manner, the Central and State fields will be clearly demarcated and the existing confusion and overlapping of jurisdiction arising.....

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