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Home Bare Acts Phrase: sea eelIndian 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).
View Complete Act List Judgments citing this sectionIndian 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
List Judgments citing this sectionMerchant 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.....
List Judgments citing this sectionCarriage of Goods by Sea Act, 1925 Complete Act
State: Central
Year: 1925
.....the trade, the weight entered in the bill of lading is a weight ascertained or accepted by a third part other than the carrier or shipper and this fact is so stated in the bill of lading."- Gazette of India. 1925, Part V, page 37. REPORT OF JOINT COMMITTEE The following report of the Joint Committee on the Bill to amend the law with respect to the carriage of goods by sea was presented to the Legislative Assembly on the 31st August 1925:- "We the undersigned Members of the Joint Committee to which the Bill to amend the law with respect to the carriage of goods by sea was referred, have considered the Bill and the papers noted in the margin and have now the honour to submit this our Report, with the Bill as amended by us annexed thereto. We have made one change in the Bill, the substitution of new Cl. 5. Original Cl. 5, following lines of the English Act, exempted the whole of the coasting trade from the requirement that in all cases a bill of lading should be issued subject to the conditions prescribed in the Rules, that is to say, such trade was excluded from the operation of the Rules. It is clear from the opinions received that, contrary to the English practice, bills of.....
List Judgments citing this sectionIndian Carriage of Goods by Sea Act, 1925 (26 of 1925) Schedule 1
Title: Rules Relating to Bills of Ladings
State: Central
Year: 1925
.....fire, unless caused by the actual fault or privity of the carrier; (c) perils, dangers and accidents of the sea or other navigable waters; (d) act of God; (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers of people, or seizure under legal process; (h) quarantine restriction; (i) act or omission of the shipper or owner of the goods, his agent, or representative; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; (k) riots and civil commotions; (l) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (o) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 111
Title: Extent of Liability of Railway Administration in Respect of Accidents at Sea
State: Central
Year: 1989
.....and accidents of the seas, rivers and navigation of whatever nature and kind shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extent to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships were registered under that Act and the railway administration were owner of the ship and not to any greater extent. (2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 307
Title: Prohibition on Proceeding to Sea Without Certificates
State: Central
Year: 1958
.....Substituted for ____________________________ 1. Substituted for the words "in respect of an Indian ship", by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), Section 21 (28-5-1966).. Substituted by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 24 (1-2-1976). 2. Substituted for the words "Indian ship of five hundred tons gross or more, not being a passenger ship" by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), Section 22 (28-5-1966). 3. Substituted for former clause (b), by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), Section 22 (28-5-1966). 4. Substituted for "radio telegraphy certificate or a cargo ship safety radio telephony certificate" by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002) 5. Substituted by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002). Prior to substitution it read as under: "(2A) No sea-going Indian cargo ship, less than 500 tons gross but not less than 300 tons gross, shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship a cargo ship safety radio telephony certificate issued under section.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 334
Title: Unseaworthy Ship Not to Be Sent to Sea
State: Central
Year: 1958
.....of an Indian ship who knowingly lakes such ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, be guilty of an offence under this sub-section. (3) For the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness. (4) No prosecution under this section shall be instituted except by, or with the consent of, the Central Government. (5) A ship is "unseaworthy" within the meaning of this Act when the materials of which she is made, her construction, qualifications of the master, the number, description and qualifications of the crew including officers, the weight, description and stowage of the cargo and ballast, the condition of her hull and equipment, boilers and machinery arc not such as to render her in every respect fit for the proposed voyage or service.
View Complete Act List Judgments citing this sectionIndian Naval Armament Act, I923 Section 11
Title: Penalties for Proceeding to Sea After Seizure
State: Central
Year: 1923
.....to sea takes to sea, when on board thereof in the execution of his duty, any officer empowered by this Act to seize and detain the ship, the owner and master shall further-each be liable, on the order of the Court trying an offence punishable under sub-section (1), to pay all the expenses of and incidental to such officer being taken to sea, and shall further be punishable with fine which may extend to one hundred rupees for every day until such officer returns or until such time as would enable him after leaving the ship to return to the port from which he was taken.. (3) Any expenses ordered to be paid under sub-section (2) may be recovered in the manner provided in the Code of Criminal Procedure, 1898, for the recovery of a fine.
View Complete Act List Judgments citing this sectionAdmiralty Offences (Colonial) Act, 1849 Section 3
Title: Provision, Etc., Where Death in the Colony, or at Sea, Etc., Follows from Injuries Inflicted on the Sea, Etc
State: Central
Year: 1849
Where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, poisoned, or hurt upon the sea or in any haven, creek, or place where the admiral or admirals have power, authority, or jurisdiction, or at any place out of such colony, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of man slaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony, in the same manner and in all respects as if such offence had been wholly committed in that colony: and if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who, having been feloniously stricken, poisoned or otherwise hurt, shall have died of such stroke, poisoning, or hurt, upon the sea, or in any haven, river, creek or place where the admiral or admirals have power, authority or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.
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