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Merchant Shipping Act, 1958 Section 328

Title: Load Line Certificates of Ships Other Than Indian Ships

State: Central

Year: 1958

.....in a country to which the Load Line Convention applies, and is engaged in plying on voyages from or to any port in India to or from any port outside India.] ________________________ 1. Substituted for the words 'renewal and cancellation of Indian load line certificates' by the MerchantShipping (Amendment) Act, 1970 (25 of 1970), section 14(a)(i) (w.r.e.f. 21-7-1968). 2. Substituted for the words "any such certificate issued in respect of a ship of 150 tons gross or more carrying cargo or passengers" by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 13(w.r.e.f. 21-7-1968). section 14(a)(ii). 3. Substituted for former proviso, by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 13(w.r.e.f. 21-7-1968). section 14(a)(ii).

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Merchant Shipping Act, 1958 Section 103

Title: Special Provisions with Regard to Agreements with Crew of Indian Ships

State: Central

Year: 1958

.....services are within twenty-four hours of the ship's putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, if practicable, be made before a shiping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute; and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature. (2) In the case of an agreement made in India with the crew of a foreign-going Indian ship the following provisions shall have effect in addition to the provisions specified in subsection (1), namely : (a) the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made arc in this Act referred to as running agreements; (b) a running agreement-may be made to extend over two or more voyages so that it shall terminate either within six months from the date on which it was executed, or on the first arrival of the ship at her port of destination in India.....

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Merchant 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.....

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Merchant Shipping Act, 1958 Section 342

Title: Application to Ships Other Than Indian Ships of Provisions as to Detention

State: Central

Year: 1958

.....to the detention of ships shall apply to that ship as if she were an Indian ship with the following modifications, namely: (a) a copy of the order for the provisional detention of the ship shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port in which such ship is detained; (b) the consular officer, at the request of the owner or master of the ship, may require that the person appointed by the Central Government to survey the ship shall be accompanied by such person as the consular officer may select, and in that case, if the surveyor and that person agree, the Central Government shall cause the ship, to be detained or released accordingly, but, if they differ, the Central Government may act as if the requisition had not been made, and the owner and master shall have the like right of appeal to a Court of survey touching the report of the surveyor as is hereinbefore provided in the case of an Indian ship; and (c) where the owner or master of the ship appeals to the Court of survey, the consular officer, at the request of the owner or master, may appoint a competent person to be assessor in the case in.....

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Merchant Shipping Act, 1958 Section 68

Title: Liabilities of Ships Not Recognised as Indian Ships

State: Central

Year: 1958

Where it is declared by this Act that an Indian ship shall not be recognised as such, that ship shall not be, entitled to any privileges, benefits, advantages or protection usually enjoyed by Indian ships or to use the Indian national colours for Indian ships or to assume the Indian national character, but so far as regards the payment of dues the liability to fine and forfeiture and the punishment of offences committed on board such ship, or by any person belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised Indian ship.

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Merchant Shipping Act, 1958 Section 114

Title: Engagements Between Seamen1 and Masters of Ships Other Than Indian Ships

State: Central

Year: 1958

.....of such agreement and stipulations, and for the repayment to the Central Government of all expenses which may be incurred by it in respect of any such seaman who is discharged or left behind at any port out of India and becomes distressed and is relieved under the provisions of this Act: Provided that the shipping master may waive the execution of a bond under this section where the owner of the ship has an agent at any port in India and such agent accepts liability in respect of all matters for which the master of the ship would be liable if he were to execute a bond under this section or may accept from the agent such security as may be approved by the Central Government. (4) The fees fixed under section 90 shall be payable in respect of every such engagement, and deductions from the wages of seamen so engaged may be made to the extent and in the manner allowed under the said section 90. _________________________ 1 . The Central Government has instituted a Provident Fund scheme for the benefit of seamen since 1966 -

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Merchant Shipping Act, 1958 Section 326

Title: Submersion of Load Line of Ships Other Than Indian Ships

State: Central

Year: 1958

.....load line exemption certificate] the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention, to be loaded; (ii) in any other case, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being entitled under the load line rules to be loaded, or, if no load line on the ship corresponds as aforesaid, the lowest load line thereon. ________________________ 1. Substituted for former clause (a) by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 13(w.r.e.f. 21-7-1968). 2. Inserted, by the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 13 (w.r.e.f. 21-7-1968).

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Merchant Shipping Act, 1958 Section 45

Title: Order for Sale Where Ship Has Ceased to Be an Indian Ship

State: Central

Year: 1958

.....that an application may be admitted by the High Court after the time prescribed, if the Central Government satisfies the High Court that it had sufficient cause for not making the application within such time. ___________________________ 1. Substituted for the words, brackets, letter and figures "or any company which satisfies the requirements specified in clause (b) of section 21" by Merchant Shipping (Amendment) Act, 1981 (43 of 1981), Section 6 (28-9-1981). 2. Substituted for the words "company or any co-operative society", by Merchant Shipping (Amendment) Act(68 of 1993), Section 4 (w.r.e.f. 27-10-92). 3. Substituted for the words "in any case" by the Repealing and Amending Act 1960 (LVIII of 1960), Section 3 & Schedule II (16-12-1960).

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Merchant Shipping Act, 1958 Section 308

Title: Production of Certificates by Ships Other Than Indian Ships

State: Central

Year: 1958

.....a certificate is so produced. (2) Where a valid safety convention certificate is produced in respect of a ship,2[******] the ship shall not be deemed to be unsafe for the purpose of section 342 by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the actual condition of the ship does not correspond substantially with the particulars stated in the certificate. 3[(3) Nothing in this section shall apply in respect of an Indian ship or a nuclear ship;] ________________________ 1. Substituted for certain words by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), section 23 (28-5-1966): 2. Words "other than an Indian ship", omitted, by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), section 23 (28-5-1966). 3. Inserted, by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), section 23 (28-5-1966).

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Merchant Shipping Act, 1958 Section 325

Title: Marking of Deck Line and Load Lines of Ships Other Than Indian Ships

State: Central

Year: 1958

The provisions of section 312 shall apply to ships other than Indian ships proceeding or attempting to proceed to sea from ports in India as they apply to Indian ships subject to the following modifications, namely: (a) the said section shall not apply to a ship other than an Indian ship if a valid international load line certificate is produced in respect of the ship; and (b) subject to the provisions of clause (a), a ship other than an Indian ship which docs not comply with the conditions of assignment to the extent required in her case by section 323 shall be deemed to be unsafe for the purpose of section 342.

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