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Home Bare Acts Phrase: sailingMerchant 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.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 435
Title: Power to Make Rules Respecting Sailing Vessels
State: Central
Year: 1958
.....(p) the form in which a contract of chartering a sailing vessel shall be executed; (q) the form in which a contract for the carriage of goods by sailing vessels shall be executed; (r) the reservation, in the public interest or in the interest of sailing vessels, of specified commodities for transport by sailing vessels either generally or in specified sectors of the coasting trade or between specified ports and the conditions subject to which such reservation may be made; (s) any other matter which has to be or may be prescribed. _________________________ 1. Substituted for former clause (o) by the Merchant Shipping( Amendment) Act, 1983 (12 of 1983), section 14 (18-5-1983).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 434A
Title: Insurance of Members of Crew of a Sailing Vessel
State: Central
Year: 1958
.....each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. _________________________ 1. Inserted by Merchant Shipping (Amdt.) Act (41 of 1984),Section 21 (15-7-1985).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 279
Title: Compensation for Delay in Sailing
State: Central
Year: 1958
.....be refunded to the master, owner or agent any amount allowed to him by such decision. (5) On the failure of any pilgrim ship to proceed from any port or place on the date advertised under 1[clause (b) of sub-section (5) of section 255] as the date of final sailing there from, the pilgrim officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant port clearance to ships thereat, and such officer shall refuse port clearance to the pilgrim ship until the master, owner or agent produces to him a certificate of the pilgrim officer that all sums payable by way of compensation under this section up to the day on which the ship is to proceed have been paid. ________________________ 1. Substituted for the words brackets, letter and figure "clause (b) of sub-section (3) of section 278" by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 18 (1-12-1976). 2. Substituted for the words "Presidency magistrate or a magistrate of the first class" by Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 17 and the Schedule hem 9 (18-5-1983).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 255
Title: Destination of Ship, Time of Sailing Etc., to Be Advertised
State: Central
Year: 1958
.....issue at such port or place in the prescribed manner an advertisement, containing the particulars required to be stated in the notice under sub-section (1) of section 238; and such advertisement shall be issued before such reasonable and sufficient internal as may be prescribed before the date of sailing of any such ship from such port or place. (2) The Central Government may, by order in writing, exempt any class of ships from the operation of sub-section (1). 2 [(3) The master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim ship from any port or place in India shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrim by such ship or selling or promising or permitting any person to sell a passenger ticket to any pilgrim for conveyance by such ship, supply to the officer appointed in this behalf (hereinafter referred to as the pilgrim officer) at the port or place from which the ship is to commence the voyage, and at each port or place in India at which she is to touch for the purpose of embarking pilgrims, full particulars as to the name, tonnage and age of the ship, the maximum number of passage.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 427
Title: Mortgages of Sailing Vessels,
State: Central
Year: 1958
.....date. (3) The registrar shall enter every such mortgage in the sailing vessels register in the order in which it is registered with him. (4) If there are more mortgages than one recorded in respect of the same sailing vessel or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is registered with the registrar and not according to the date of each mortgage itself: Provided that nothing contained in this sub-section shall affect the relative priorities as they existed immediately before the date on which this Part comes into force as between mortgages of the same vessel or interest therein effected before such date which are registered in accordance with the provisions of sub-section (2).
View Complete Act List Judgments citing this sectionMerchant 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.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 418
Title: Particulars Relating to Sailing Vessel to Be Painted
State: Central
Year: 1958
The owner of every sailing vessel so registered shall, before the vessel begins to take any cargo or passengers, paint or cause to be painte permanently in the prescribed manner on some conspicuous part of the sailing vessel, the name by which the vessel has been registered, the number assigned to the vessel by the registrar and the port to which she belongs, and shall take all steps to ensure that the vessel remains painted as required by this section.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 431
Title: Non-indian Sailing Vessels Not to Engage in Coasting Trade Without Permission
State: Central
Year: 1958
(1) A sailing vessel not owned by a citizen of India1[or a company or a co-operative society which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21,] shall not engage in the coasting trade of India without the written permission of the Director-General. (2) The Director-General may, when granting such permission, impose such terms and conditions as he thinks fit and may require the owner or other person in charge of the vessel to deposit with him such amount as he thinks necessary for the due fulfilment of such terms and conditions. (3) No customs collector shall grant a port clearance to a sailing vessel not registered under this Part which engages or attempts to engage in the coasting trade of India until after the production by the owner or person in charge thereof of the written permission of the Director-General. _________________________ 1. Substituted for the words, brackets, letter and figures "or a company which satisfies the requirementsspecified in clause (b) of section 21" by the Merchant Shipping (Amendment) Act, 1981 (43 of 1981), section9(28-9-1981).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 434
Title: Application to Sailing Vessels of Other Provisions Relating to Ships
State: Central
Year: 1958
The Central Government may, by notification in the Official Gazette, direct that any provisions of this Act other than those contained in this Part which do not expressly apply to sailing vessels shall also apply to sailing vessels subject to such conditions, exceptions and modifications as may be specified in the notification.
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