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Start Free TrialSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Complete Act
Title: Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
State: Central
Year: 2002
Preamble1 - SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF MARITIME NAVIGATION AND FIXED PLATFORMS ON CONTINENTAL SHELF ACT, 2002 Chapter I Section1 - Short title extent, application and commencement Section2 - Definitions Chapter II Section3 - Offences against ship, fixed platform, cargo of a ship, maritime navigational facilities, etc Section4 - Conferment of powers of investigation Section5 - Designated Courts Section6 - Offence triable by Designated Court Section7 - Application of Code to Proceedings before a Designated Court Section8 - Provision as to bail Chapter 3 Section9 - Provisions as to extradition Section10 - Contracting parties to Convention or Protocol Section11 - Power to treat certain ships to be registered in Convention States Section12 - Previous sanction necessary for prosecution Section13 - Presumptions as to offences under section 3 Section14 - Protection of action taken in good faith
List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 8
Title: Provision as to Bail
State: Central
Year: 2002
(1) Notwithstanding anything in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless-- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in sub-section (1) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the Hi Court regarding bail under section 439 of the Code.
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 21
Title: Substitution of New Section for Section 352e
State: Central
Year: 2002
.....shall be substituted, namely:- "352E. Scope of application. -(1) The provisions of this Part shall apply whenever any person referred to in sub-section (1) of section 352A seeks to limit his liability before the Court or seeks to procure the release of a ship or other property or the discharge of any guarantee given within the Indian jurisdiction but any person referred to in sub-section (1) of section 352A who at the time when the provisions under this Part are invoked before any Court in India does not have his habitual residence in India or does not have his principal place of business in India or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of the State, which is a party to the Convention, is wholly excluded from the provisions of this Part. (2) The provisions of this Part shall not be applicable to the following vessels unless the Central Government, by notification, specify otherwise,- (a) ships intended for navigation on or around coast of India and registered as coastal vessels under the provisions of this Act; (b) ships less than three hundred tons; (c).....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 17
Title: Substitution of New Section for Section 352a
State: Central
Year: 2002
.....is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in the provision of the Convention or the rules made under this Part prescribe; (d) claims subject to any International Convention or any law for the time being in force in India governing or prohibiting limitation of liability for nuclear damage; (e) claims against the ship owner of a nuclear ship for nuclear damage. Explanation 1.-For the purpose of this section, the act of involving limitation of liability shall not 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.".
View Complete Act List Judgments citing this sectionMerchant 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 sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 14
Title: Protection of Action Taken in Good Faith
State: Central
Year: 2002
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act. (2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 13
Title: Presumptions as to Offences Under Section 3
State: Central
Year: 2002
In a prosecution for an offence under sub-section (1) of section 3, if it is proved-- (a) that the arms, ammunition or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunition or expresses of similar nature were used in the commission of such offence; (b) that there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence; or (c) that there is evidence of an intended threat of using bomb, fire, arms, ammunition, or explosives or committing any form of violence against the crew, passengers or cargo of a ship or fixed platform located on the Continental Shelf of India, the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 12
Title: Previous Sanction Necessary for Prosecution
State: Central
Year: 2002
No prosecution for an offence under this Act shall be instituted except with the previous sanction of the Central Government.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 11
Title: Power to Treat Certain Ships to Be Registered in Convention States
State: Central
Year: 2002
If the Central Government is satisfied that the requirements of the Convention have been satisfied in relation to any ship, it may, by notification in the Official Gazette, direct that such ship shall, for the purposes of this Act, be deemed to be registered in such Convention State as may be specified in the notification.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Section 10
Title: Contracting Parties to Convention or Protocol
State: Central
Year: 2002
The Central Government may, by notification in the Official Gazette, certify as to which are the Convention States or Protocol States and to what extent such Stales have availed themselves of the provisions of the Convention or Protocol, as the case may be, and any such notification shall be conclusive evidence of the matters certified therein.
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