Bare Act Search Results

Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....

Marine Insurance Act, 1963 Section 2

Title: Definitions

State: Central

Year: 1963

In this Act, unless the context otherwise requires,-- (a) "contract of marine insurance" means a contract of marine insurance as defined by section 3; (b) "freight" includes the profit derivable by a ship-owner from the employment of his ship to carry his own goods or other movables, as well as freight payable by a third party, but does not include passage money; (c) "insurable property" means any ship, goods or other movables which are exposed to maritime perils; (d) "marine adventure" includes any adventure where-- (i) any insurable property is exposed to maritime perils; (ii) the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils; (iii) any liability to a third party may be incurred by the owner of or other person interested in or responsible for, insurable property by reason of maritime perils; (e) "maritime perils" means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the sea, fire, war perils, pirates, rovers, thieves, captures,.....

Air Force Act, 1950 Complete Act

State: Central

Year: 1950

.....or confinement of a person according to the usages of the service and includes military or naval custody: (vi) "air force law" means the law enacted by this Act and the rules made there under and includes the usages of the service; (vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward; (viii) "airman" means any person subject to this Act other than an officer; (ix) "air officer" means any officer of the Air Force above the rank of group captain; (x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever: (xi) "Chief Legal Adviser" means a person appointed as such by5[the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith; (xii) "civil offence" means an offence which is triable by a criminal court; (xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894-, or under any other law for the time.....

Marine Insurance Act, 1963 Schedule I

Title: Schedule

State: Central

Year: 1963

.....said goods and merchandises, and ship, etc., or any part thereof. And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguards and recovery of the said goods and merchandises and ship etc., or any part thereof, without prejudice to this Insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured. And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And so we, the assurers, are contended, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due into us for this assurance by the assured, at and after the rate of. In witness whereof, we, the assurers, have subscribed our names and sums assured in MEMORANDUM N.B.-- Corn, fish, salt, fruit,.....

Marine Insurance Act, 1963 Section 55

Title: Included and Excluded Losses

State: Central

Year: 1963

(1) Subject to the provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against. (2) In particular-- (a) the insurer is not liable for any loss attributable to the wilful misconduct of the assured, but, unless the policy otherwise provides, he is liable for any loss proximately caused by a peril insured against, even though the loss would not have happened but for the misconduct or negligence of the master or crew; (b) unless the policy otherwise provides, the insurer on ship or goods is not liable for any loss proximately caused by delay, although the delay be caused by a peril insured against; (c) unless the policy otherwise provides, the insurer is not liable for ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subject-matter insured, or for any loss proximately caused by rats or vermin, or for any injury to machinery not proximately caused by maritime perils.

Marine Insurance Act, 1963 Section 65

Title: Salvage Charges

State: Central

Year: 1963

(1) Subject to any express provision in the policy, salvage charges incurred in preventing a loss by perils insured against may be recovered as a loss by those perils. (2) "Salvage charges" means the charges recoverable under maritime law by a salvor independently of contract. They do not include the expenses of services in the nature of salvage rendered by the assured or his agents, or any person employed for hire by them, for the purpose of averting a peril insured against. Such expenses, where properly incurred, may be recovered as particular charges or as a general average loss, according to the circumstances under which they were incurred.

Assam Rifles Act, 1941 Complete Act

State: Central

Year: 1941

.....are entitled to all the privileges which a police officer has under sections 42and43 of the Police Act, 1861,section 125 of the Indian Evidence Act, 1872and any other enactment for the time being in force. It is considered necessary to confer such privileges on the riflemen also. It is also considered that the Commandants, Assistant Commandants and riflemen should have the sane protection for acts done by them in the discharge of police duties as has been conferred on the members of the Central Reserve Police Force. The riflemen are posted for duty in the N.E.F.A., Nagaland and other border areas where there are no regular police forces. During the discharge of their duties, it is necessary for them to make searches, arrests, etc. To enable them to make searches, arrests, etc., it is proposed to confer on them the powers of a police officer. To facilitate the inquiry and trial of offences committed by riflemen, it is also proposed to confer magisterial powers on the Commandant and Assistant Commandants. The Bill seeks to achieve the above objects. - Sec Gaz. of India, 22-6-1962, Pt. II, S. 2, Ext" p. 505 (No. 22). An Act to provide for the regulation of and the maintenance.....

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.....

Marine Insurance Act, 1963 Section 41

Title: Warranty of Seaworthiness of Ship

State: Central

Year: 1963

(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage. (4) A ship deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.

Marine Insurance Act, 1963 Section 60

Title: Constructive Total Loss Defined

State: Central

Year: 1963

.....any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred. (2) In particular, there is a constructive total loss-- (i) where the assured is deprived of the possession of his ship or goods by a peril insured against, and (a) it is unlikely that he can recover the ship or goods, as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or (ii) in the case of damage to a ship, where she is so damaged by a peril insured against that the cost of repairing the damage would exceed the value of the ship when repaired. In estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future salvage operations and of any future general average contributions to which the ship would be liable if.....