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Merchant Shipping Act, 1958 Section 209

Title: Transmission of Documents on Transfer of Seaman from One Ship to Another

State: Central

Year: 1958

Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall; as soon as practicable; transmit to the master of the other ship all documents in his possession relating to the seaman.

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Merchant Shipping Act, 1958 Complete Act

Title: Merchant Shipping Act, 1958

State: Central

Year: 1958

Preamble1 - MERCHANT SHIPPING ACT, 1958 Part I Section1 - Short title and commencement Section2 - Application of Act Section3 - Definition PartII - NATIONAL SHIPPING BOARD Section4 - Establishment of National Shipping Board Section5 - Functions of National Shipping Board Section6 - Power to make rule in respect of matters in this Part Part III Section7 - Director-General of Shipping Section8 - Mercantile Marine Department Section9 - Surveyors Section10 - Radio inspectors Section11 - Shipping offices Section12 - Seamen's employment offices Section13 - Seamen's welfare officers PartIV - SHIPPING DEVELOPMENT FUND Section14 - [Omitted] Section15 - [Omitted] Section16 - [Omitted] Section17 - [Omitted] Section18 - [Omitted] Section19 - [Omitted] PartV - REGISTRATION OF INDIAN SHIPS Section20 - Application of Part Section21 - Indian ships Section22 - Obligation to register Section23 - Ports of registry Section24 - Registrars of Indian ships Section25 - Register book Section26 - Application for registry Section27 - Survey and measurement of ships before registry Section28 - Marking of ship Section29 - Declaration of ownership on registry Section30 -.....

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Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....in 1867, 1882andagain in 1893and 1896 but all these attempts failed owing to legal and constitutional difficulties.Two of the principal contributory factors were the then limited powers of the Indian Legislature to legislate regarding shipping and the fact that part of the British Statute law on the subject, including parts of the Merchant Shipping Act, 1894, which is the principal United-Kingdom enactment on the subject, applied to Indian and any Indian enactment had to be in legal harmony with that law. A fresh attempt was made in 1921-22 to codify the Indian law on merchant shipping by the Statute Law Revision Committee, which decided that only consolidation, and not revision should be attempted immediately. The result was the Indian Merchant Shipping Act, 1923, which is now on the Statute Book and which consolidated some 21 existing Indian Acts on the subject. This Act has also been amended from time to time, the two major amendments being those made in 1933 and in 1953 so as to take power to implement the provisions of the international conventions with respect to load lines, 1930, and with respect to safety of life at sea, 1948, respectively, which have been ratified by.....

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Merchant Shipping Act, 1958 Part VII

Title: Seamen and Apprentices

State: Central

Year: 1958

..... (4) Every such contract made in India and every assignment, alteration or cancellation thereof, and where the apprentice bound dies or deserts the fact of the death or desertion shall be recorded in the manner specified in section 93. Section 93 - Manner in which contract is to be recorded For the purpose of the record (a) the master or owner of the ship to whom an apprentice to the sea service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner; (b) the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs within India, or as soon as circumstances permit, if it occurs elsewhere. Section 94 - Production of contracts to authorised person before voyage in ship (1) The master of a ship shall, before carrying an apprentice to sea from a port in India, cause the apprentice to appear before the shipping master before whom the crew are.....

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Merchant Shipping Act, 1958 Part VIII

Title: Passenger Ships

State: Central

Year: 1958

.....stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the facts that the same were duly incurred. Section 252 - Ship not to make voyage in contravention of contract The master, owner or agent of1[a special trade passenger ship] or a pilgrim ship shall not, otherwise than by reason of perils of the sea or other unavoidable accident, allow the ship to touch at any port or place in contravention of any express or implied contract or engagement with the2[special trade passengers] or pilgrims with respect to the voyage which the ship was to make and the time which that voyage was to occupy, whether the contract or engagement was made by public advertisement or otherwise. _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Substituted for the words "unberthed passengers" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. Section 253 - Information to be sent to ports of embarkation and discharge (1) The officer appointed by the Central Government in this behalf at.....

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Merchant Shipping Act, 1958 Amending Act II

Title: Merchant Shipping (Amendment) Act, 2002

State: Central

Year: 1958

.....the words "or produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion of the High Court is satisfactory and the amount so deposited or guarantee so given" shall be substituted; (d) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:- "(5) Where the person referred to in sub-section (1) or his insurer establishes that he has paid is whole or in part any claims in respect of which he can limit his liability under this Part, the High Court shall place him in the same position and to the same extent in relation to the Fund as the claimant whose claim has been paid and allow to acquire by subrogation the rights which the 30 person so compensated would have enjoyed under this Part: Provided that the right of subrogation provided for in this sub-section may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they might, have paid to that extent if prescribed by the rules made in this behalf under this Part. (6) Where the person liable or any other person has established that he may at a later date be required to pay in whole or in.....

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Merchant Shipping (Amendment) Act, 2002 Chapter 2

Title: Amendment of the Merchant Shipping Act, 1958

State: Central

Year: 2002

.....the words "or produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion of the High Court is satisfactory and the amount so deposited or guarantee so given" shall be substituted; (d) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:- "(5) Where the person referred to in sub-section (1) or his insurer establishes that he has paid is whole or in part any claims in respect of which he can limit his liability under this Part, the High Court shall place him in the same position and to the same extent in relation to the Fund as the claimant whose claim has been paid and allow to acquire by subrogation the rights which the 30 person so compensated would have enjoyed under this Part: Provided that the right of subrogation provided for in this sub-section may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they might, have paid to that extent if prescribed by the rules made in this behalf under this Part. (6) Where the person liable or any other person has established that he may at a later date be required to pay in whole or in.....

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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."

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Merchant Shipping Act, 1958 Section 259

Title: Certain Ships to Carry Medical Officer and Attendants

State: Central

Year: 1958

.....of pilgrims and crew carried exceeds one thousand, a second medical officer similarly qualified and also in all cases such medical attendants as may be prescribed. (b) A medical officer of every pilgrim ship shall perform such duties and functions, keep such diaries and submit such reports or other returns as may be prescribed. (c) No medical officer or attendant on a pilgrim ship shall charge any pilgrim on such ship for his services.] _______________________ 1. Substituted for the words "unberthed passengers" by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2. 2. Inserted by Merchant Shipping Amendment) Act, 1976 (69 of 1976), Section 13 (1-12-1976).

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Merchant Shipping Act, 1958 Section 310

Title: Ships Exempt from Provisions Relating to Load Lines

State: Central

Year: 1958

.....complies with safety requirements which are adequate for the purposes for which the ship is intended and are such as to ensure the overall safety of the ship; (f) any ship which is not normally engaged on voyages to ports outside India but which in exceptional circumstances is required to undertake such voyage if the Central Government is satisfied that the ship complies with safety requirements which are adequate for such voyage.] ________________________ 1. Substituted for former Clause (a) by Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 5(a) (w.r.e.f. 21-7-1968). 2. Clause (d) substituted and clauses (e) and (f) inserted thereafter, by Merchant Shipping (Amendment) Act, 1970 (25 of 1970), section 5(a) (w.r.e.f. 21-7-1968). section 5(b) (w.r.e.f. 21-7-1968).

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