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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

.....Indian ship Section453 - Certain persons deemed to be public servants Section454 - Powers of persons authorised to investigate, etc Section454A - Power to prescribe alternative fittings, etc Section455 - Exemption of public ships, foreign and Indian Section456 - Power to exempt Section457 - General power to make rules Section458 - Provisions with respect to rules and regulations Section459 - Power to constitute committees to advise on rules, regulations and scales of fees Section460 - Protection of persons acting under Act Section460A - Removal of difficulties Part XVIII Section461 - Repeals and savings ScheduleI - SCHEDULE Amending ActI - MERCHANT SHIPPING (AMENDMENT) ACT, 2003 Amending ActII - MERCHANT SHIPPING (AMENDMENT) ACT, 2002 Amending Act3 - MERCHANT SHIPPING (AMENDMENT) ACT, 2007

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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.....

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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.....

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Merchant Shipping Act, 1958 Part VIII

Title: Passenger Ships

State: Central

Year: 1958

.....under sub-section (3).] _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Inserted by Amendment Act, 1976 (69 of 1976), Section 9 (1-12-1976). Section 256 - Ship taking additional passengers at intermediate place 1 [(1) If any 2 [special trade passenger ship] performing a voyage between ports or places in India takes additional 2 [special trade passengers] on board at an intermediate port or place, the master shall obtain from the certifying officer 4 [or such other officer as the Central Government may appoint in this behalf] at the port or place a supplementary certificate stating- (a) the number of 2 [special trade passengers] so taken on board; and (b) that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the 3 [special trade passengers] on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the scale for the time.....

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Merchant Shipping Act, 1958 Amending Act II

Title: Merchant Shipping (Amendment) Act, 2002

State: Central

Year: 1958

.....(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. CHAPTERII AMENDMENTOF 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 scales.....

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Merchant Shipping (Amendment) Act, 2002 Chapter 2

Title: Amendment of the Merchant Shipping Act, 1958

State: Central

Year: 2002

.....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.". Section 18 - Substitution of new section for section 352B For section 352B of the principal Act, the following section shall be substituted, namely:- "352B. Limitation of liability. The amount to which any person referred to in sub-section (1) of section 352A may limit his liability in accordance with the provisions of the Convention and in cases where the provisions of the Convention are not applicable, the limit shall be in accordance with the rules made in this behalf prescribe.". Section 19 - Amendment of section 352C In section 352C of the principal Act,- (a) in the marginal heading, the words "against owner" shall be omitted; (b) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where any liability is alleged to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person.....

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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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