Bare Act Search Results

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.....

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....

Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

TRADE AND MERCHANDISE MARKS ACT, 1958 TRADE AND MERCHANDISE MARKS ACT, 1958 43 of 1958 An Act to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise. Be it enacted by parliament in the ninth year of the republic of India as follows - SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) The Act may be called the Trade and Merchandise Marks Act, 1958. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires,- (a) "assignment" means an assignment in writing by act of the parties concerned; (b) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (c) "certification trade mark" means a mark adapted in relation to any goods to distinguish, in the course of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified.....

Ancient Monuments and Archaeological Sites and Remains Act, 1958 Complete Act

State: Central

Year: 1958

.....Monuments Preservation Act, 1904, and the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951. The Act of 1951 merely declares certain monuments, etc., to be of national importance and the Act of 1904 applies also to such monuments. While the Constitution has distributed the subject-matter under three different heads the Act of 1904 governs all ancient monuments whether falling in the Central field or the State field, and vests all executive power in the Central Government. The position of the existing law relating to ancient monuments is far from satisfactory. The present Bill purports to be a self contained law at the Centre which will apply exclusively to ancient monument, etc., of national importance falling under Entry 67 of List I and to archaeological sites and remains falling under Entry 40 in the Concurrent List. Simultaneously, the State Governments would be advised to enact a similar law in respect of ancient monuments, etc., falling under Entry 12 in the State List. In this manner, the Central and State fields will be clearly demarcated and the existing confusion and overlapping of jurisdiction arising.....

Merchant Shipping Act, 1958 Part VII

Title: Seamen and Apprentices

State: Central

Year: 1958

.....ordinarily engaged in maritime navigation, other than a ship of war.] _________________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007]. Section 100 - Agreements with crew The master of every Indian ship, except a home-trade ship of less than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of his crew from any port in India. Section 101 - Form and contents of the agreement (1) An agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be1[signed by the owner or agent and the master] before any seaman signs the same. (2) The agreement with the crew shall contain as terms thereof the following particulars, namely:- (a) the name of the ship or ships on board which the seaman undertakes to serve: (b) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage.....

Merchant Shipping Act, 1958 Part XII

Title: Investigation and Inquiries

State: Central

Year: 1958

.....the Central Government. Section 359 - Report of shipping casualties to Central Government (1) Whenever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has. occurred, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty. (2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it in this behalf. Section 360 - Application to court for formal investigation The officer appointed under sub-section (2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government so directs, shall make an application to a court empowered under section 361, requesting it to make a formal investigation into any shipping casualty, and the court shall thereupon make such investigation. Section 361 - Court empowered to make formal investigation 1[A Judicial Magistrate of the first class] specially empowered in this behalf by the Central Government and a2[Metropolitan Magistrate].....

Merchant Shipping Act, 1958 Part XIII

Title: Wreck and Salvage

State: Central

Year: 1958

.....as may be specified therein and any person while discharging any such functions shall be deemed to be a receiver of wreck for the purposes of this Act. Section 392 - Duty of receiver where vessel is in distress Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of India, the receiver of wreck, within the limits of whose jurisdiction the place is situate, shall, upon being made acquainted with the circumstances, forthwith proceed there, and upon his arrival shall take command of all persons present and shall assign such duties and give such directions to each person as he thinks fit for . the preservation of the vessel and of the lives of the person's belonging to the vessel and of its cargo and equipment: Provided that the receiver shall not interfere between the master and the crew of the vessel, in reference to the management thereof unless he is requested to do so by the master. Section 393 - Power to pass over adjoining lands (1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel or of saving the lives of the shipwrecked persons, or of.....

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 Section 358

Title: Shipping Casualties and Report Thereof

State: Central

Year: 1958

.....or casualty as abovementioned occurs to or on board any Indian ship, and any competent witness thereof is found in India; (e) any Indian ship is lost or is supposed to have been lost and any evidence is obtainable in India as to the circumstances under which she proceeded to sea or was last heard of. (2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, harbour master or other person in charge of the ship, or (where two ships are concerned) in charge of each ship at the time of the shipping casualty, and in the cases mentioned in clause (d) of sub-section (1), where the master of the ship concerned or (except in the case of a loss) where the ship concerned proceeds to any place in India from the place where the shipping casualty has occurred, the master of the ship, shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in this behalf by the Central Government.

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 2

Title: The Register and Conditions for Registration

State: Central

Year: 1958

.....capable of distinguishing as aforesaid; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish or is in fact capable of distinguishing as aforesaid. (6) Subject to the other provisions of this section, a trade mark in respect of any goods-- (a) registered in Part A of the register may be registered in Part B of the register; and (b) registered in Part B of the register may be registered in Part A of the register, in the name of the same proprietor of the same trade mark or any part or parts thereof. Section 10 - Limitation as to colour (1) A trade mark may be limited wholly or in part to one or more specified colours, and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark. (2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. Section 11 - Prohibition of registration of certain marks A mark (a) the use of which would be likely to deceive or cause confusion; or (b) the use of which would be contrary to any law for the time being.....