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Indian Carriage of Goods by Sea Act, 1925 (26 of 1925) Preamble 1

Title: Indian Carriage of Goods by Sea Act, 1925

State: Central

Year: 1925

.....-- ___________________ 1. The Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949), section 3, (w.e.f. 1-1-1950) and to the Union Territories of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 (w.e.f 16-4-1950). Vindhya Pradesh now forms part of State of Madhya Pradesh -- See Act 37 of 1956, section 9(1)(e); but Manipur and Tripura are States now -- See Act 81 of 1971. It has now been extended to the Union Territories of -- (1) Goa, Daman and Diu by Reg. 12 of 1962. (2) Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963). (3) Lakshadweep Islands by Reg. 8 of 1965 and Act 34 of 1973. 2. Words "including the delegates representing His majesty" omitted by Act 52 of 1964, section 3 and Schedule II (w.e.f. 29-12-1964). 3. Substituted by Act 52 of 1964, section 3 and Schedule II, for Paras 3 and 4 (w.e.f. 29-12-1964).

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Indian Carriage of Goods by Sea Act, 1925 (26 of 1925) Complete Act

Title: Indian Carriage of Goods by Sea Act, 1925 (26 of 1925)

State: Central

Year: 1925

Preamble1 - INDIAN CARRIAGE OF GOODS BY SEA ACT, 1925 Section1 - Short title and extent Section2 - Application of rules Section3 - Absolute warranty of seaworthiness not to be implied in contracts to which rules apply Section4 - Statement as to application of rules to be included in bills of lading Section5 - Modification of Article VI of Rules in relation to goods carried in sailing ships and by prescribed routes Section6 - Modification of rules 4 and 5 of Article III in relation to bulk cargoes Section7 - Saving and operation Schedule1 - RULES RELATING TO BILLS OF LADINGS

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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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Major Port Trusts Act, 1963 Chapter XI

Title: Miscellaneous

State: Central

Year: 1963

.....other conspicuous part of the premises, or (c) by registered post. Section 131 - Alternative remedy by suit Without prejudice to any other action that may be taken under this Act, a Board may recover by suit any rates, damages, expenses, costs, or in the case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalties payable to, or recoverable by, the Board under this Act or under any regulations made in pursuance thereof. Section 132 - Requirements as to publication of notifications, orders, etc., in the Official Gazette (1) Any requirement in this Act that a notification, order, rule or regulation issued or1[made by a Board or the Authority or the Central Government] shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule or regulation shall-- (a) where if is issued or made by the Board, be published in the Official Gazette of the State in which the port is situated, and (b) where it is issued or2[made by the Authority or Central Government] be published in the Gazette of India. (2) Any notification, order, rule or.....

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Major Port Trusts Act, 1963 Amending Act 1

Title: Merchant Shipping (Amendment) Act, 2002

State: Central

Year: 1963

.....(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. CHAPTER II Amendment of 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.....

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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 352H

Title: Definitions

State: Central

Year: 1958

.....in that State as operator of the ship; (d) "pollution damage" means loss or damage caused out side the ship by contamination resulting from escape or discharge of oil from that ship wherever such escape or discharge occurs, and includes the costs of preventive measures and further loss or damage caused by preventive measures; so, however, that the provisions of clause (a) of sub-section (1) of section 352B shall not apply to such loss or damage; (e) "Preventive measures" means any reasonable measures taken by any person after the incident to prevent or minimise pollution damage. (f) "tonnage" means the tonnage of a ship determined in accordance with the provisions of section 3528 and where it is not so determinable, it means forty per cent, of the weight in tons of oil cargo the ship is capable of carrying.]" 2. Brackets and figure "(i)" and sub-sec. (2) omitted by Merchant Shipping (Amdt.) Act (55 of 1988), S. 2 (1-7-89).

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Merchant Shipping (Amendment) Act, 2002 Section 23

Title: Substitution of New Section for Section 352h

State: Central

Year: 2002

For section 352H of the principal Act, the following section shall be substituted, namely:- '352H. Definitions.- In this Part, unless the context otherwise requires,- (a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage; (b) "liability convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time.'. (c) "oil" means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship; (d) "owner" means (i) the person registered as owner of the ship; (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a ship owned by a foreign State, the person registered in that State as operator of the ship; (e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions; (f) "pollution damage" means (i) loss or damage caused outside the ship by.....

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Merchant Shipping (Prevention of Pollution of the Sea by Oil) Rules, 1974 Complete Act

State: Central

Year: 1974

.....which are being loaded and water round the ship's side shall be inspected to ascertain that no oil is escaping; (c) if loading is proceeding satisfactorily, the rate of loading may be gradually increased until the desired loading rate is obtained; (d) after obtaining the desired rate of loading, a further inspection shall be made of the tank being loaded and water around ship's side for detecting any possible escape of oil; (e) only such number of tanks may be loaded simultaneously as could be safely watched and controlled; (f) the depth of oil in each cargo tank which is being loaded shall be constantly watched and the receiving rate shall be appropriately reduced towards the final stages of loading; (g) to allow time for orderly control, the slowing down of receiving rate that may be necessary during the topping off process shall be anticipated and appropriate notice given to the shore staff ; (h) after any tank valve been closed, the liquid level in the tank shall be checked to ensure that the valve is properly closed. (4) Before commencement of unloading operations, the tanker shall be inspected to ensure that (a) all cargo deck line valves, sea valves and any stern.....

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