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Merchant Shipping Act, 1958 Complete Act

Title: Merchant Shipping Act, 1958

State: Central

Year: 1958

Preamble1 - MERCHANT SHIPPING ACT, 1958 Part I Section1 - Short title and commencement Section2 - Application of Act Section3 - Definition PartII - NATIONAL SHIPPING BOARD Section4 - Establishment of National Shipping Board Section5 - Functions of National Shipping Board Section6 - Power to make rule in respect of matters in this Part Part III Section7 - Director-General of Shipping Section8 - Mercantile Marine Department Section9 - Surveyors Section10 - Radio inspectors Section11 - Shipping offices Section12 - Seamen's employment offices Section13 - Seamen's welfare officers PartIV - SHIPPING DEVELOPMENT FUND Section14 - [Omitted] Section15 - [Omitted] Section16 - [Omitted] Section17 - [Omitted] Section18 - [Omitted] Section19 - [Omitted] PartV - REGISTRATION OF INDIAN SHIPS Section20 - Application of Part Section21 - Indian ships Section22 - Obligation to register Section23 - Ports of registry Section24 - Registrars of Indian ships Section25 - Register book Section26 - Application for registry Section27 - Survey and measurement of ships before registry Section28 - Marking of ship Section29 - Declaration of ownership on registry Section30 -.....

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Merchant Shipping Act, 1958 Section 217

Title: Official Logs to Be Sent to Shipping Master in Case of Transfer of Ship or Loss,

State: Central

Year: 1958

(1) If for any reason the official log ceases to be required in respect of an Indian ship, the master or owner of the ship shall, if the ship is then in India within one month, and if she is elsewhere within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log book duly completed up to the time of cessation. (2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable and as soon as possible, deliver or transmit to the shipping master at her port of registry the official log book duly completed up to the time of the loss or abandonment.

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Merchant Shipping Act, 1958 Section 214

Title: Entries Required to Be Made in Official Log Books

State: Central

Year: 1958

.....for entry in the official log. (2) The master of every such ship, upon its arrival at any port in India or at such other time and place as the Central Government may with respect to any ship or class of ships direct, shall deliver or transmit, in such form as the Director-General may specify, a return of the facts recorded by him in respect of the birth33of a child, or the death of a person on board the ship to the Director-General. (3) (a) The Director-General shall send a certified copy of such of the returns received by him under sub-section (2) as relate to citizens of India, to such officer as may be specified in this behalf by the Central Government; and such officer shall cause the same to be preserved in such manner as may be specified in this behalf by the Central Government. . (b) Every such copy shall be deemed to be a certified copy of the entry with respect to the person concerned, registered under any law in force for the time being relating to the registration of births and deaths.

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Merchant Shipping Act, 1958 Section 212

Title: Official Logs to Be Kept and to Be Dated

State: Central

Year: 1958

(1) An official log shall be kept in the prescribed form in every Indian ship except a home-trade ship of less than two hundred tons gross. (2) The official log may, at the discretion of the master or owner, be kept distinct from or united with the ordinary ship's log so that in all cases the spaces in the official long book be duly filled up.

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Merchant Shipping Act, 1958 Section 216

Title: Delivery of Official Logs to Shipping Masters

State: Central

Year: 1958

The master of every ship for which an official log book is required to be kept under this Act shall, within forty-eight hours after the ships's arrival at her final port of destination in India or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the shipping master before whom the crew is discharged.

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Merchant Shipping Act, 1958 Section 213

Title: Entries in Official Log Books How and when to Be Made

State: Central

Year: 1958

(1) An entry required by this Act in the official log book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the so me day as that occurrence, shall be made and dated so as to show the date same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge, shall not be made more than twenty-four hours after that arrival. (2) Save as otherwise provided in this Act, every entry in the official log book shall be signed by the master and by the mate or some other member of the crew and also (a) if it is an entry of injury or death, shall be signed by the medical officer on board, if any; (b) if it is an entry of wages due to or the property of a seaman or apprentice who dies shall be signed by the mate and by some member of the crew besides the master. (3) Every entry made in an official log book, in the manner provided by this Act shall be admissible in evidenced.

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Merchant Shipping Act, 1958 Section 293

Title: Radio Log

State: Central

Year: 1958

(1) Every ship compulsorily equipped under the provisions of section 291 with a radio telegraph or radio telephone installation shall maintain in the radio telegraph or radio telephone room a radio log in which shall be entered such particulars relating to the operation of the radio telegraph or radio telephone installation and as to the maintenance of the radio telegraph or radio telephone service as may be prescribed. (2) The provisions of section 215 shall apply to the radio log kept under this section as if it were an official log.

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Merchant Shipping Act, 1958 Section 215

Title: Offences in Respect of Official Logs

State: Central

Year: 1958

(1) An official log book shall be kept in the manner required by this Act, and an entry directed by this Act to be made therein shall be made at the time and in the manner directed by this Act. (2) No person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival.

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Merchant Shipping Act, 1958 Section 196

Title: Entry of Offences in Official Logs

State: Central

Year: 1958

.....the next subsequent arrival of the ship at any, port, or, if she is at the time in port, before her departure there from, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit; and (c) a statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid; and (d) in any subsequent legal proceedings the entries by this section required shall if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct.

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Merchant Shipping Act, 1958 Part VIII

Title: Passenger Ships

State: Central

Year: 1958

.....stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the facts that the same were duly incurred. Section 252 - Ship not to make voyage in contravention of contract The master, owner or agent of1[a special trade passenger ship] or a pilgrim ship shall not, otherwise than by reason of perils of the sea or other unavoidable accident, allow the ship to touch at any port or place in contravention of any express or implied contract or engagement with the2[special trade passengers] or pilgrims with respect to the voyage which the ship was to make and the time which that voyage was to occupy, whether the contract or engagement was made by public advertisement or otherwise. _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Substituted for the words "unberthed passengers" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. Section 253 - Information to be sent to ports of embarkation and discharge (1) The officer appointed by the Central Government in this behalf at.....

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