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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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Offshore Areas Mineral (Development and Regulation) Act, 2002 Complete Act

State: Central

Year: 2002

.....Notwithstanding anything contained in this Act, the Central Government may" (a) authorise seaward artillery practice under the Seaward Artillery Practice Act. 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic - considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made there under and any reconnaissances permit exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made there under, shall be void. SECTION 06: GRANT OF OPERATING RIGHT The Central Government shall not grant an operating right to any person unless such person" (a) is an Indian national, or a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed : Provided that no production lease for atomic minerals or.....

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Offshore Areas Mineral (Development and Regulation) Act, 2002 Chapter II

Title: General Provisions for Acquition of Operating Rights in the Offshore Areas

State: Central

Year: 2002

.....anything contained in this Act, the Central Government may-- (a) authorise seaward artillery practice under the Seaward Artillery Practice Act, 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made thereunder and any reconnaissance permit, exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made thereunder, shall be void. Section 6 - Grant of operating right The Central Government shall not grant an operating right to any person unless such person-- (a) is an Indian national, or a company as defined in section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed: Provided that no production lease for atomic.....

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Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 18

Title: Contribution Towards International Seabed Authority

State: Central

Year: 2002

Every lessee, whose production operation extends beyond two hundred nautical miles from the baseline from which the breadth of the territorial sea is measured, shall pay in advance, in addition to other payments required under this Act, to the Central Government, the amount to be paid to the International Seabed Authority towards fulfilment of obligation of the Central Government under Article 82 of the United Nations Convention on Law of the Sea, 1982.

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Merchant Shipping (Amendment) Act, 2002 Section 2

Title: Substitution of New Section for Section 76

State: Central

Year: 2002

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 for different types of ships. (2) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.".

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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 (Amendment) Act, 2002 Section 27

Title: Insertion of New Part Xc

State: Central

Year: 2002

.....Government to the Fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved. (5) No person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made, (a) with the consent of the person from whom the information was obtained; (b) in connection with the compliance of this section; (c) for the purpose of any legal proceedings arising out of this section or of any report of such proceedings. (6) A person who, (a) refuses or wilfully neglects to comply with a notice under this section; or (b) makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this Act. 352W. Liability.....

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Merchant Shipping (Amendment) Act, 2002 Section 16

Title: Amendment of Section 352

State: Central

Year: 2002

In section 352 of the principal Act,- (i) for clause (b), the following clause shall be substituted, namely:- (b) "Convention" means the Convention on Limitation of Liability for Maritime Claims, 1976 as amended from time to time;'; (ii) after clause (g), the following clauses shall be inserted, namely:- (h) "salvor" means any person rendering services in direct connection with salvage operations. Explanation.-For the purpose of this clause, "salvage operations" includes- (i) the raising, removal, destruction or the rendering a ship harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such ship; (ii) the removal, destruction or rendering the cargo of a ship harmless; and (iii) the measures taken to avert or minimise loss to a ship or its cargo or both; (i) "ship owner" means owner, charterer, manager,'and operator of a sea going ship; (j) "Special Drawing Rights" means Special Drawing Rights as determined by the International Monetary Fund.'.

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Haj Committee Rules, 2002 Complete Act

State: Central

Year: 2002

.....prior sanction of the Committee : Provided that the Chairperson may, if he considers it necessary to do so, grant such sanction and obtain ex-post -facto approval of the Committee; (b) of a value or amount exceeding Rs. 50,000 shall require the prior approval of the Central Government: Provided that nothing contained in this sub -rule shall apply to any expenditure relating to any of the following items, namely :" (i) refund of passage deposit and passage monies or of any other deposit received from or on behalf of the pilgrims; (ii) payment of sale proceeds of effects of deceased pilgrims; (iii) payment to and refund from airlines and other travel agencies on account of air fare or sea fare. (3) Every contract referred to in sub-rule (1) shall be in writing and shall be signed by the Chief Executive Officer on behalf of the Committee and countersigned by the Chairperson or Vice -Chairperson and one other member of the Committee duly authorised in this behalf, and be sealed with the common seal of the Committee. (4) No articles of dead stock of a book value of up to Rs. 5,000 shall be written off without the previous sanction of the Committee: Provided that when the book value.....

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Finance Act, 2002 Complete Act

State: Central

Year: 2002

.....Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT -(1) This Act may be called the Finance Act, 2002. (2) Save as otherwise provided in this Act, Sections 2-to116-shall be deemed to have come into force on the 1st day of April, 2002. SECTION 02: INCOME TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2002, income tax shall be charged at the rates specified in Part I of the First Schedule and such tax as reduced by the rebate of income tax calculated under Chapter VIII-A of the Income Tax Act, 1961(43 of 1961) (hereinafter referred to as the Income Tax Act) shall be increased by a surcharge for purposes of the Union calculated in each case in the manner provided therein. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds fifty thousand rupees, then,- (a) the net agricultural income shall be taken into account, in the manner provided.....

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