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Start Free TrialMerchant 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 sectionMerchant Shipping (Amendment) Act, 2002 Section 23
Title: Substitution of New Section for Section 352h
State: Central
Year: 2002
For section 352H of the principal Act, the following section shall be substituted, namely:- '352H. Definitions.- In this Part, unless the context otherwise requires,- (a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage; (b) "liability convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time.'. (c) "oil" means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship; (d) "owner" means (i) the person registered as owner of the ship; (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a ship owned by a foreign State, the person registered in that State as operator of the ship; (e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions; (f) "pollution damage" means (i) loss or damage caused outside the ship by.....
View Complete Act List Judgments citing this sectionOffshore Areas Mineral (Development and Regulation) Act, 2002 Chapter I
Title: Preliminary
State: Central
Year: 2002
..... (1) This Act shall apply to all minerals in the offshore areas including any mineral prescribed by notification under clause (g) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 (33 of 1962) except mineral oils and hydrocarbons related thereto. (2) Except as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force in the offshore areas. Section 4 - Definitions In this Act, unless the context otherwise requires,-- (a) "administering authority" means an authority notified, in the Official Gazette, by the Central Government for the purposes of this Act; (b) "atomic minerals" means the minerals included in atomic minerals specified in Part B of the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957); (c) "Coast Guard" means the Coast Guard constituted under the Coast Guard Act, 1978 (30 of 1978); (d) "exploration licence" means a licence granted under section 12; (e) "exploration operation" means any operation undertaken for the purpose of exploring, locating or proving the mineral deposits; (f) "holder",.....
View Complete Act List Judgments citing this sectionOffshore Areas Mineral (Development and Regulation) Act, 2002 Section 4
Title: Definitions
State: Central
Year: 2002
.....effect on living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the offshore areas and impairment of quality of sea water for use and reduction of amenities; (r) "prescribed" means prescribed by rules made under this Act; (s) "production operation" means any operation undertaken for the purpose of winning any mineral from the offshore area and includes any operation directly or indirectly necessary therefor or incidental thereto; (t) "production lease" means a lease granted under section 13 which confers an exclusive right for the purpose of undertaking production operation; (u) "reconnaissance operation" means any preliminary geo-scientific survey undertaken for the purpose of searching or locating mineral deposits; (v) "reconnaissance permit" means a permit granted under section 11 for the purpose of undertaking reconnaissance operation; (w) "vessel" includes any ship, boat, sailing vessel or any other vessel of any description.
View Complete Act List Judgments citing this sectionOffshore Areas Mineral (Development and Regulation) Act, 2002 Complete Act
State: Central
Year: 2002
.....Notwithstanding anything contained in this Act, the Central Government may" (a) authorise seaward artillery practice under the Seaward Artillery Practice Act. 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic - considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made there under and any reconnaissances permit exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made there under, shall be void. SECTION 06: GRANT OF OPERATING RIGHT The Central Government shall not grant an operating right to any person unless such person" (a) is an Indian national, or a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed : Provided that no production lease for atomic minerals or.....
List Judgments citing this sectionMaharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002 Complete Act
State: Maharashtra
Year: 2002
.....(b) or (c) of sub-section (3), the electors fail to elect the requisite number of members, the State Government shall nominate such registered practitioner or practitioners as it deems fit, to fill up the vacancy or vacancies; and the practitioners so nominated shall be deemed to have been duly elected under this section. (8) Where any dispute arises regarding any election of a member or the President or the Vice-Presidents, it shall be referred to the State Government, and the decision of the State Government shall be final. SECTION 04: TERM OF OFFICE (1) The Government shall, by notification in the Official Gazette, publish the names of the members, both elected and nominated. (2) Save as otherwise provided by this Act, a member whether elected or nominated, shall hold office for a term of five years from the date of publication of the notification under sub-section (1). (3) Save as otherwise provided by this Act, the President and Vice-Presidents shall hold the office from the date of their election, till the day on which their term of office as members expires. (4) The term of office of an outgoing member shall, notwithstanding anything contained in sub-section (2), be.....
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