Bare Act Search Results

Merchant Shipping Act, 1958 Part XI

Title: Navigation

State: Central

Year: 1958

.....log book, cause other record to be kept of his reasons for not going to the assistance of that person.] _______________________ 1. Inserted by Act 21 of 1966, section 33 [28-5-1966]. Section 356 - Power to make rules3 as to signals The Central Government may, subject to the condition of previous publication, make rules prescribing -- (a) the manner of communicating information regarding dangers to navigation, and the authorities on shore to whom such information is to be communicated; 1(aa) the manner of communicating intelligence regarding dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelligence;] (b) the signals which shall be2[signals of distress, urgency and of safety] respectively; (c) the circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked; and (d) the speed at which any message sent by3[radio telegraphy or telephony] in connection with such signal is to be transmitted. _______________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 1966 (21.....

Merchant Shipping Act, 1958 Section 354A

Title: Communication of Intelligence Regarding Dangers to Navigation

State: Central

Year: 1958

1[354A. Communication of intelligence regarding dangers to navigation (1) Where an authority prescribed under section 354 receives intelligence from any source of any danger to navigation mentioned in that section, that authority shall, as soon as possible, communicate such intelligence to such ships and authorities as he may deem proper. (2) The intelligence shall be communicated in such manner and subject to such terms and conditions as may be prescribed : Provided that no fees shall be levied for communicating any intelligence under this section to a ship.] _______________________ 1. Inserted by the Merchant Shipping (Amdt.) Act. 1966 (21 of 1966). section 32 [25-8-1966].

Merchant Shipping Act, 1958 Section 354

Title: Duty to Report Dangers to Navigation

State: Central

Year: 1958

The master of any Indian ship on meeting with dangerous ice, a dangerous derelict, a tropical storm or any other direct-danger to navigation 1 [or on encountering sub-freezing air temperatures associated with gale -- force winds, causing severe ice accretion on superstructures or strong gales for which no storm warning has been received by him] shall send information accordingly by all means of communication at his disposal and in accordance with such rules as the Central Government may make in this behalf to ships in the vicinity and to such authorities on shore as may be prescribed by those rules. Explanation.-- For the purpose of this section the expression "tropical storm" means a hurricane typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in the vicinity. _______________________ 1. Inserted by the Merchant Shipping (Amdt.) Act, 1966 (21 of 1966), section 32 (28-5-1966).

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....

Merchant Shipping Act, 1958 Part IX

Title: Safety

State: Central

Year: 1958

.....at Sea (known briefly as the Safety Convention) of 1960, replacing the Safety Convention of 1948. This Convention contains a provision for the enactment and promulgation by Contracting Governments of laws and regulations to give effect to its provisions. This Convention came into force on the 17-6-1960. For definition of "Safety Convention",see Section 3 (37). Section 283A - Definitions 1[283A. Definitions (1) In this Part, unless the context otherwise requires,- (a) "existing ship" or "existing vessel" means a ship or vessel which is not a new ship or a new vessel, (b) "new ship" or "new vessel" means a ship or vessel whose keel is laid or which is at a similar stage of construction on or after the material date as defined in sub-section (2). (2) For the purposes of sub-section (1) "material date",- (i) in relation to an Indian ship, means the 21st July, 1968: (ii) in relation to a foreign ship belonging to a country to which the Load Line Convention applies, means the date as from which it is declared under section 283 that the Government of such country has accepted the Load Line Convention or, as the case may be, that the said Convention has been applied.....

Merchant Shipping Act, 1958 Part I

Title: Preliminary

State: Central

Year: 1958

.....the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. Section 2 - Application of Act 1[2. Application of Act (1) Unless otherwise expressly provided, the provisions of this Act which apply to-- (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be. (2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within India, including the territorial2waters thereof.] ___________________________ 1. Substituted for former Section 2 by Merchant Shipping (Amdt.) Act, 1983 (12 of 1983), Section 2(18-5-1983). 2. The territorial waters of India extend into the sea to a distance of twelve nautical miles measured from the appropriate baseline. Section 3 -.....

Merchant Shipping Act, 1958 Section 3

Title: Definition

State: Central

Year: 1958

.....figures, letters and words "17th day of June 1966" by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 3 (18-5-1983). 13. Substituted for former Clause (38) by Act 21 of 1966, Section 2(c), (28-5-1966). 14. Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(b) (1-12-1976). 15. Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(c) (1-12-1976). 16. Inserted by Act 21 of 1966, Section 2(f) (28-5-1966). 17. Clauses (51) and (52) omitted by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(d) (1-12-1976). 18. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007].

Merchant Shipping Act, 1958 Section 352A

Title: Limitation of Liability for Damages in Respect of Certain Claims

State: Central

Year: 1958

.....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.] __________________________ 1. Substituted by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002). Prior to substitution it read as under: "1352A. Limitation of liability of owner for damages in respect of certain claims.- (1) The owner of a sea-going vessel may limit his liability in accordance with the provisions of section 352B in respect of any claim arising from any of the following occurrences unless the occurrence giving rise to the claim resulted from the actual fault or privity of the owner-- (a) loss of life of or personal injury to, any person being carried in the vessel, or loss of, or damage to any property on board the vessel; (b) loss of life of or personal injury to, any other person (whether on land or on water), loss of or damage to any other property.....

Merchant Shipping Act, 1958 Section 35

Title: Custody and Use of Certificate

State: Central

Year: 1958

.....case may be,] to appear before him and to be examined touching such refusal, and if the person is proved to have absconded so that the order of such magistrate cannot be served on him, or if he persists in not delivering up the certificate, 2 [the said Magistrate] shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit. (4) If the master or owner of an Indian ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be guilty of an offence under this sub-section and the ship shall be liable to forfeiture. ___________________________ 1. Substituted for the words "any magistrate of the first class" by Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 17 and the Schedule item I (18-5-1983). 2. Substituted by Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 17 and the Schedule item I (18-5-1983) for the words "the magistrate".

Merchant Shipping Act, 1958 Section 76

Title: Certificates of Competency to Be Held by Officers of Ships

State: Central

Year: 1958

.....one engineer of a fishing vessel who shall be designated as chief engineer; (g) if the vessel has a propulsion power of less than 350 KW, with at least one engine driver of a fishing vessel who shall be designated as engineer-in-charge, (5) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches. Explanation.-- For the purposes of clauses (e) and (f) of sub-section (4), any person holding a certificate of competency as a marine engineer officer class I or class II shall be deemed to be a duly certificated engineer of a fishing vessel, and for the purposes of clause (g) of that sub-section a person holding a certificate of competency as engine driver of a sea-going ship shall be deemed to be a duly certificated engine driver of a fishing vessel."