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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

.....in 1867, 1882andagain in 1893and 1896 but all these attempts failed owing to legal and constitutional difficulties.Two of the principal contributory factors were the then limited powers of the Indian Legislature to legislate regarding shipping and the fact that part of the British Statute law on the subject, including parts of the Merchant Shipping Act, 1894, which is the principal United-Kingdom enactment on the subject, applied to Indian and any Indian enactment had to be in legal harmony with that law. A fresh attempt was made in 1921-22 to codify the Indian law on merchant shipping by the Statute Law Revision Committee, which decided that only consolidation, and not revision should be attempted immediately. The result was the Indian Merchant Shipping Act, 1923, which is now on the Statute Book and which consolidated some 21 existing Indian Acts on the subject. This Act has also been amended from time to time, the two major amendments being those made in 1933 and in 1953 so as to take power to implement the provisions of the international conventions with respect to load lines, 1930, and with respect to safety of life at sea, 1948, respectively, which have been ratified by.....

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Merchant Shipping Act, 1958 Part I

Title: Preliminary

State: Central

Year: 1958

.....the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. Section 2 - Application of Act 1[2. Application of Act (1) Unless otherwise expressly provided, the provisions of this Act which apply to-- (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be. (2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within India, including the territorial2waters thereof.] ___________________________ 1. Substituted for former Section 2 by Merchant Shipping (Amdt.) Act, 1983 (12 of 1983), Section 2(18-5-1983). 2. The territorial waters of India extend into the sea to a distance of twelve nautical miles measured from the appropriate baseline. Section 3 -.....

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Merchant Shipping Act, 1958 Section 3

Title: Definition

State: Central

Year: 1958

.....figures, letters and words "17th day of June 1966" by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 3 (18-5-1983). 13. Substituted for former Clause (38) by Act 21 of 1966, Section 2(c), (28-5-1966). 14. Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(b) (1-12-1976). 15. Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(c) (1-12-1976). 16. Inserted by Act 21 of 1966, Section 2(f) (28-5-1966). 17. Clauses (51) and (52) omitted by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 3(d) (1-12-1976). 18. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007].

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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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Carriage 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.....

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Indian 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.....

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Railways 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.

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Merchant 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.....

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