Bare Act Search Results

Merchant Shipping Act, 1958 Section 432

Title: Detention of Overloaded Non-indian Sailing Vessels

State: Central

Year: 1958

(1) If any sailing vessel registered in any country outside India arrives in or proceeds from a port or place in India in an overloaded conditions, the person in charge of the vessel shall be guilty of an offence under this section. (2) A sailing vessel shall be deemed to be in an overloaded condition for the purposes of this section (a) where the vessel is loaded beyond the limit specified in any certificate issued in the country in which she is registered; or (b) in case no such certificate has been issued in respect of the vessel, where the actual free board of the vessel is less than the free board which would have been assigned to her had she been registered under this Part. (3) Any sailing vessel which is in an overloaded condition and is about to proceed from a port or place in India may be detained until she ceases to be in an overloaded conditions; but nothing herein contained shall affect the liability of the person in charge of the vessel in respect of such overloading under any other provision of this Act.

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.....

Merchant Shipping Act, 1958 Part XV

Title: Sailing Vessels

State: Central

Year: 1958

.....be re-issued or issued until the vessel is, in the opinion of such authority, fit to ply or proceed to sea or the defect is rectified to the satisfaction of such authority. Section 423 - Registry of alterations When a sailing vessel is so altered as not to correspond with the particulars relating to her entered in the certificate of registry, the owner of such vessel shall make a report of such alteration to the registrar of the port where the vessel is registered, and the registrar shall either cause the alteration to be registered, or direct that the vessel be registered anew, in accordance with such rules as may be made in this behalf. Section 424 - Transfer of registry The registry of a sailing vessel may be transferred from one port to another in India on the application of the owner or tindal of the vessel in accordance with such rules as may be made in this behalf. Section 425 - Closure of registry If a sailing vessel is lost, destroyed or rendered permanently unfit for service, the owner of such vessel shall with the least practicable delay report the fact to the registrar of the port where the vessel is registered and also forward to him along with the.....

Motor Vehicles Act, 1939 Complete Act

State: Central

Year: 1939

.....cab notwithstanding that the passengers may pay separate fares; 12 [* * * * * * *] 13[(4) "dealer" includes a person who 18 engaged in the manufacture of motor vehicles or in building bodies for attachment to chassis;] Clause 2-Sub-clause (a).- At present a State Government may make rules under clause (k) of sub-section (2) of section 41 of the Motor Vehicles Act, 1939-to exempt, from the provisions of the Act relating to registration motor vehicles in the possession of dealers and specify the conditions subject to which such exemptions may be granted and the fees payable therefor. This sub-clause seeks to define the expression "dealer" so as to include a person who is engaged in the manufacture of motor vehicles or in building bodies for attachment to chassis.-S.O.R. Gaz. of India. 17-8-78, Pt. II 8.2, Ext., p. 1120. (5) "driver" includes, where a separate person acts as steersman of a motor vehicle, that person as well as any other person engaged in the driving of the vehicle; 14[(5A) "driving licence" means the document issued by a competent authority under Chapter II authorising the person specified therein to drive a motor vehicle or a motor vehicle of any specified.....

Merchant Shipping Act, 1958 Part IX

Title: Safety

State: Central

Year: 1958

.....by the wilful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary. Section 287 - Inspectors of lights and shapes and fog and distress signals (1) The Central Government may appoint persons to inspect in any port ships or sailing vessels to which the collision regulations apply, for the purpose of seeing that such ships or sailing vessels arc properly provided with lights and shapes and with the means of making fog and distress signals, in pursuance of such regulations. (2) If an inspector appointed under sub-section (1) finds that any ship or sailing vessel is not so provided, he shall give to the owner, master or tindal, notice in writing pointing out the deficiency, and also what, in his opinion, is requisite in order to remedy the same. (3) Every notice so given shall be communicated in the prescribed manner to the customs collector at any port from which such slip or sailing vessel may seek to clear; and no customs collector to whom such communication is made shall grant such ship a.....

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 -.....

Motor Vehicles Act, 1988 Complete Act

State: Central

Year: 1988

.....of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 2 [7500] kilograms; 3 [(2lA) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;] (22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle: (24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle; (25) "motorcab" means any molor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) "motor car" means any molor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage; (27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) "motor vehicle" or.....

Railways Act, 1989 Chapter 9

Title: Carriage of Goods

State: Central

Year: 1989

.....with. (6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives Act, 1884 (4 of 1884), or any rule or order made under that Act, and nothing in sub-sections (4) and (5) shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such. Section 68 - Carriage of animals suffering from infectious or contagious diseases A railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed. Section 69 - Deviation of route Where due to any cause beyond the control of a railway administration or due to congestion in the yard or any other operational reasons, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of.....

Railways Act, 1989 Section 73

Title: Punitive Charge for Overloading a Wagon

State: Central

Year: 1989

Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub section (2) or sub-section (3), or notified under sub-section (4), of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, before the delivery of the goods: Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.

Railways Act, 1989 Chapter 11

Title: Responsibilities of Railway Administrations as Carriers

State: Central

Year: 1989

.....manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination: Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved. (2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration.-- (a) that the goods were, at the time of entrustment to the railway.....