Bare Act Search Results

Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....

Marine Insurance Act, 1963 Section 2

Title: Definitions

State: Central

Year: 1963

In this Act, unless the context otherwise requires,-- (a) "contract of marine insurance" means a contract of marine insurance as defined by section 3; (b) "freight" includes the profit derivable by a ship-owner from the employment of his ship to carry his own goods or other movables, as well as freight payable by a third party, but does not include passage money; (c) "insurable property" means any ship, goods or other movables which are exposed to maritime perils; (d) "marine adventure" includes any adventure where-- (i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owner of or other person interested in or responsible for, insurable property by reason of maritime perils; (e) "maritime perils" means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the sea, fire, war perils, pirates, rovers, thieves, captures,.....

Major Port Trusts Act, 1963 Complete Act

State: Central

Year: 1963

.....property" includes wharfage-rights and all other rights exercisable on, over, or in respect of, any land, wharf, dock or pier;] (j) "Indian Ports Act" means the Indian Ports Act, 1908; (k) "land" includes the bed of the sea or river below high-water mark, and also things attached to the earth or permanently fastened to anything attached to the earth; (l) "low-water mark", in relation to a port, means a line drawn through the lowest points reached by ordinary springtides at any season of the year at that port; (m) "major port" has the same meaning as in the Indian Ports Act; (n) "master", in relation to any vessel or any aircraft making use of any port, means any person having for the time being the charge or control of such vessel or such aircraft, as the case may be, except a pilot, harbour master, assistant harbour master, dock master or berthing master of the port; - (o) "owner", (i) in relation to goods, includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods; and (ii) in relation to any vessel or any aircraft making use of any port, includes any part-owner, character, consignee or mortgagee in possession thereof; (p).....

Major Port Trusts Act, 1963 Chapter XI

Title: Miscellaneous

State: Central

Year: 1963

.....other conspicuous part of the premises, or (c) by registered post. Section 131 - Alternative remedy by suit Without prejudice to any other action that may be taken under this Act, a Board may recover by suit any rates, damages, expenses, costs, or in the case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or recoverable by, the Board under this Act or under any regulations made in pursuance thereof. Section 132 - Requirements as to publication of notifications, orders, etc., in the Official Gazette (1) Any requirement in this Act that a notification, order, rule or regulation issued or1[made by a Board or the Authority or the Central Government] shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule or regulation shall-- (a) where if is issued or made by the Board, be published in the Official Gazette of the State in which the port is situated, and (b) where it is issued or2[made by the Authority or Central Government] be published in the Gazette of India. (2) Any notification, order, rule or.....

Major Port Trusts Act, 1963 Amending Act 1

Title: Merchant Shipping (Amendment) Act, 2002

State: Central

Year: 1963

.....(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:- CHAPTER I PRELIMINARY 1. Short title and commencement. (1) This Act may be called the Merchant Shipping (Amendment) Act, 2002. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. CHAPTER II Amendment of the MERCHANT SHIPPING ACT, 1958 2. Substitution of new section for section 76. For section 76 of the Merchant Shipping Act, 1958 (44 of 1958) (hereinafter referred to as the principal Act), the following section shall be substituted, namely:- "76. Certificates of competency to be held by officers of ships.- (1) Every Indian ship, when going to sea from any port or place, shall be provided with officers duly certificated under this Act in accordance with such manning scales as may be prescribed: Provided that the Central Government may prescribe different manning.....

Major Port Trusts Act, 1963 Section 35

Title: Power of Board to Execute Works and Provide Appliances,

State: Central

Year: 1963

.....life or property and for the purpose of landing, shipping or transhipping passengers or goods under section 12; (i) sinking of tube-wells, and equipment, maintenance and use of boats, barges and other appliances for the purpose of the supply of water at the port; (j) engines and other appliances necessary for the extinguishing of fires. 1 [(k) construction of models and plans for carrying out hydraulic studies; (l) dry docks, slipways, boat basins and workshops to carry out repairs or overhauling of vessels, tugs, boats, machinery or other appliances.] ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (29 of 1974), Section 15 (1-2-1975).

Marine Insurance Act, 1963 Section 89

Title: Power to Apply Act with Modifications Etc., in Certain Cases

State: Central

Year: 1963

The Central Government may, by notification in the Official Gazette, direct that the provisions of this Act shall, in their application to contracts of marine insurance relating to any class of ships exclusively used in inland navigation, be subject to such conditions, exceptions and modifications as it may specify in the notification.

Major Port Trusts Act, 1963 Section 2

Title: Definitions

State: Central

Year: 1963

.....Trust securities); (v) "rate" includes any toll, due, rent, rate, fee or charge leviable under this Act; (w) "regulations" means regulations made under this Act; (x) "rules" means rules made by the Central Government under this Act; (y) "Trustee", in relation to a port, means a member of the Board constituted for the port; 5[(z) "vessel" includes anything made for the conveyance, mainly by water, of human beings or of goods and a caisson;] (za) "wharf" includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods, or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same. ________________________ 1. Inserted by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997 2. Substituted for the words "the Deputy Chairman of a Board" by the Major Port Trusts (Amendment) Act (17 of 1982), Section 2(a) (31-5-1982). 3. Inserted by the Major Port Trusts (Amendment) Act (29 of 1974), Section 3(a) (1-2-1975). 4. Inserted the Major Port Trusts (Amendment) Act (29 of 1974), Section 2(b). 5. Substituted the Major Port Trusts (Amendment) Act (29 of 1974), Section 3(b).

Major Port Trusts Act, 1963 Chapter I

Title: Preliminary

State: Central

Year: 1963

.....Trust securities); (v) "rate" includes any toll, due, rent, rate, fee or charge leviable under this Act; (w) "regulations" means regulations made under this Act; (x) "rules" means rules made by the Central Government under this Act; (y) "Trustee", in relation to a port, means a member of the Board constituted for the port; 5[(z) "vessel" includes anything made for the conveyance, mainly by water, of human beings or of goods and a caisson;] (za) "wharf" includes any wall or stage and any part of the land or foreshore that may be used for loading or unloading goods, or for the embarkation or disembarkation of passengers and any wall enclosing or adjoining the same. ________________________ 1. Inserted by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997 2. Substituted for the words "the Deputy Chairman of a Board" by the Major Port Trusts (Amendment) Act (17 of 1982), Section 2(a) (31-5-1982). 3. Inserted by the Major Port Trusts (Amendment) Act (29 of 1974), Section 3(a) (1-2-1975). 4. Inserted the Major Port Trusts (Amendment) Act (29 of 1974), Section 2(b). 5. Substituted the Major Port Trusts (Amendment) Act (29 of 1974), Section 3(b).

Major Port Trusts Act, 1963 Chapter V

Title: Works and Services to Be Provided at Ports

State: Central

Year: 1963

.....which he has taken charge shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872. (7) After any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or damage which may occur to them shall attach to any person to whom a receipt has been given or to the master or owner of the vessel from which the goods have been landed or transhipped. ________________________ 1. Word "and "occurring at the end of clause (c) omitted and inserted at the end of clause (d), After Cl. (d), Cl. (c) inserted by the Major Port Trusts (Amendment) Ad (29 of 1974), Section 18(1-2-1975). 2. Word "and" omitted by The Major Port Trusts (Amendment) Act, 2000 (22 of 2000) w.e.f. 09.06.2000 3. Inserted by The Major Port Trusts (Amendment) Act, 2000 (22 of 2000) w.e.f. 09.06.2000 4. Substituted for "leuiable according to the scale framed under section 48 or section 49 or section 50" by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. Section 43 - Responsibility of Board for loss, etc., of goods (1) Subject to the provisions of this Act, the responsibility of any.....