Title : Amendment of Section 352r
State : Central
Year : 2002
In section 352R of the principal Act, after clause (b), the following clause shall be inserted, namely:- "(c) the limits of liability of owner in respect of one or more incident of pollution damage or other requirements having regard to the provisions of the Liability Convention.". View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 97
State : Central
Year : 2002
For section 97 of the principal Act, the following section shall be substituted, of namely:- "97. Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited. (1) A person or company or organisation including a union purporting to represent the interests of seamen shall not demand or receive, either directly or indirectly, from any seaman or person seeking employment as seaman or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seaman or person's employment as seaman, other than the fees authorised by this Act. (2) It shall be the duty of the company employing or proposing to employ person as seaman to ensure that no money has been demanded or received by any person or company..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Sub-heading for Sub-heading Above Section 299
State : Central
Year : 2002
For the sub-heading "Safety certificates, safety equipment certificates, safety radio telegraphy certificates, safety radio telephony certificates; exemption certificates, etc." above section 299 of the principal Act, the following sub-heading shall be substituted, namely:- "Safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, etc.".. View Complete Act List Judgments citing this sectionTitle : Insertion of New Section 352fa
State : Central
Year : 2002
After section 352F of the principal Act, the following section shall be inserted, namely:- "352FA. Power to make rules. - The Central Government may make rules to carry out the purposes of this Part: Provided that the rules under this Part shall be made having regard to the provisions of the Convention.". View Complete Act List Judgments citing this sectionTitle : Amendment of Section 352d
State : Central
Year : 2002
In section 352D of the principal Act,- (i) in sub-section (5), for clause (a), the following clause shall be substituted, namely:- '(a) "Convention country" means a country in which the Convention on Limitation of Liability for Maritime Claims, 1976 as amended from time to time is for the time being in force;'; (ii) after sub-section (5), the following sub-sections shall be inserted, namely: "(6) Notwithstanding anything contained in sub-sections (1) to (4), the vessels or other property referred to in sub-section (1) shall be ordered to be released if the limitation Fund has been constituted,- (a) in the port where the occurrence took place, or, if it took place out of port, in the first port of call thereafter; (b) in the port of disembarkation in respect of claims for..... View Complete Act List Judgments citing this sectionTitle : Insertion of New Part Xc
State : Central
Year : 2002
After Part XB of the principal Act, the following Part shall be inserted, namely:- 'PART XC INTERNATIONAL OIL POLLUTION COMPENSATION FUND 352S. Definitions. - In this Part, unless the context otherwise requires,- (a) "contributing oil" means crude oil and fuel oil. Explanation.-For the purposes of this clause, (i) "crude oil" means any liquid hydro carbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes crude oils from which certain distillate fractions have been removed or to which certain distillate fractions have been added; (ii) "fuel oil" means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 352b
State : Central
Year : 2002
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.". View Complete Act List Judgments citing this sectionTitle : Amendment of Section 352c
State : Central
Year : 2002
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 may apply to the High Court for the setting up of a limitation Fund for the total sum representing the amounts set out in the Convention or the rules made in this behalf under this Part applicable to claims for which that person may be liable together with interest thereon from the date of occurrence giving rise to the liability..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 352j
State : Central
Year : 2002
For section 352J of the principal Act, the following section shall be substituted, namely:- "352J. Limitation of liability. (1) The owner shall be entitled to limit his liability under this Part, in respect of any one or more incident, as may be prescribed. (2) The owner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.". View Complete Act List Judgments citing this sectionTitle : Merchant Shipping (Amendment) Act, 2002
State : Central
Year : 2002
THE MERCHANT SHIPPING (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:- View Complete Act List Judgments citing this section