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.....

Merchant Shipping Act, 1958 Section 352I

Title: Liability of Owner

State: Central

Year: 1958

..... (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) was wholly caused by an act or omission done with intent to cause such damage by any other person; or (c) was wholly caused by the negligence or the wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf. (3) Where, with respect to any incident the owner proves that the pollution damage resulted, cither wholly or partially, from an act or omission done, with intent to cause such damage, by the person who suffered damage, or from the negligence of that person, the owner shall be exonerated wholly or, as the case may be, partially, from liability to that person, 1[(4) When any incident involving two or more ships occurs and pollution damage results there from, the owners of all the ships concerned, unless exonerated under sub-section (3), shall be jointly and severally liable for such damage which is not reasonably separable.] (5) No claim for pollution damage shall be made against any owner otherwise than.....

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 Section 141

Title: Wages on Termination of Service by Wreck, Illness, Etc.

State: Central

Year: 1958

..... (b) through negligence he failed to apply to the proper authority for relief as a distressedor destitute seaman. : (3) Any amount payable by way of compensation under sub-clause (ii) of clause (a) of sub-section (1) shall be deposited with the shipping master at the port of engagement in India for payment to the seaman, or, in the case of a deceased seaman,1[to the person nominated by him in this behalf under section 159A or if he has not made any such nomination or the nomination made by him is or has become void, to his legal heirs.] ________________________ 1. Substituted for the words "to his legal" by Merchant Shipping (Amendment) Act (41of 1984), Section 11 (15-7-85).

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 356A

Title: Application

State: Central

Year: 1958

.....book of the ship and may require the master of the ship to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein. 356H. Information regarding contravention of the provision of the Convention.-- (1) If, on report from a surveyor or other persons authorised to inspect a vessel under section 356G, the Central Government is satisfied that any provision of the Convention has been contravened anywhere by a foreign ship, being a ship to which the provisions of the Convention apply, it shall transmit particulars of the alleged contravention to the Government of the country to which the ship belongs. (2) On receipt of information from the Government of any country which has ratified the Convention that an Indian ship has contravened any provisions of the Convention, the Central Government may, if it deems it necessary so to do, request such Government to furnish further details of the alleged contravention, and if satisfied that sufficient evidence is available to establish contravention of any of the provisions of this Part or rules made thereunder take appropriate action against the owner or master and intimate the reporting.....

Merchant Shipping Act, 1958 Section 356K

Title: Powers to Take Measures for Preventing or Containing Oil Pollution

State: Central

Year: 1958

.....taken in respect of any off-shore installation which is not a ship within the meaning of this Act except that in the event of pollution damage caused by any such off-shore installation the person who, is liable for the damage may claim exoneration from any liability if he proves that such damage-- (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irrealtible (sic) character; or (b) was wholly caused by an act or omission done with intent to cause that damage by any other person; or (c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other nevigational aids in exercise of its functions in that behalf. ________________________ 1. Substituted for "oil" by the Merchant Shipping (Amendment) Act, 2003.

Merchant Shipping Act, 1958 Amending Act I

Title: Merchant Shipping (Amendment) Act, 2003

State: Central

Year: 1958

.....it occurs, the words "oil or noxious liquid substance" shall be substituted. 6. Amendment of section 356-O.-- In section 356-O of the principal Act, in sub-section (2),-- (i) for clauses (a) and (b), the following clauses shall be substituted, namely:-- "(a) prescribe the limits of ballast, and designate noxious liquid substances, under clauses (a) and (j), respectively, of section 356B; (b) prescribe the forms in which, the duration for which and the conditions subject to which, various international pollution prevention certificates shall be issued under section 356C; (bb) prescribe the period within which, the manner in which and the conditions for making surveys of oil tankers or other ships prior to issuing an international pollution prevention certificate and the requirements as to equipment which are to be fitted for prevention of pollution by an oil tanker and other ship under section 356E;"; (ii) in clause (c), for the words "oil record books", the words "record books" shall be substituted; (iii) in clause (d), for the words "oil monitoring system, oily water separator, oil content metre, crude oil washing system, inert gas system or other equipments or.....

Working Journalists (Fixation of Rates of Wages) Act, 1958 Section 12A

Title: Penalty

State: Central

Year: 1958

.....the offence has been committed with the consent or connivance, of, or that the commission of the offence is attributable, to any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. ( 5 ) For the purposes of this section,-- (a) "company" me ans any body corporate and includes a firm or other association of individuals; and (b) in relation to a firm means a partner in the firm.] ________________________ 1. Inserted by Act 65 of 1962, section 10, w.e.f. 15-1-1963.

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.....