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Start Free TrialMerchant Shipping Act, 1958 Section 381
Title: Power of Central Government to Cancel or Suspend Other Certificates
State: Central
Year: 1958
Notwithstanding anything contained in this Act, the Central Government may, at any time, without any formal investigation or inquiry, cancel or suspend any certificate granted by it under this. Act, other than a certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit to act in the grade for which the certificate was granted to him: Provided that no order under this section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 398
Title: Immediate Sale of Wreck by Receiver in Certain Cases
State: Central
Year: 1958
A receiver of wreck may at any time sell any wreck in his custody if, in his opinion, (a) it is under the value of five hundred rupees; or (b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; or (c) it is not of sufficient value for warehousing; and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 416
Title: Decision of Question Whether a Vessel is a Sailing Vessel
State: Central
Year: 1958
If any question arises whether a vessel is a sailing vessel or not for the purposes of this Part, it shall be decided by the Director-General and his decision thereon shall be final.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 410
Title: No Port Clearance Until Licence is Produced
State: Central
Year: 1958
No customs collector shall grant a port clearance to a ship in respect of which a licence is required under this Part until after production by the owner, master or agent of such a licence.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 405
Title: Application of Part
State: Central
Year: 1958
This Part applies only to sea-going ships fitted with mechanical means of propulsion of not less than one hundred and fifty tons gross, but the Central Government may, by notification in the Official Gazette, fix any lower tonnage for the purposes of this Part.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 404
Title: Power to Make Rules Respecting Wreck and Salvage
State: Central
Year: 1958
(1) The Central Government may make rules to carry out the purposes of this Part. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) the procedure to be followed by a receiver of wreck in respect of the taking possession of wrecks and their disposal; (b) the fees payable to receivers in respect of the work done by them; (c) the procedure to be followed for dealing with claims relating to ownership of wrecks; (d) the appointment of valuers in salvage cases; (e) the principles to be followed in awarding salvage and the apportioning of salvage; (f) the procedure to be followed for dealing with claims for salvage, (g) the detention of property in the custody of a receiver of wreck for the purpose of enforcing payment of salvage.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 400
Title: Prohibition of Certain Acts in Respect of Wreck
State: Central
Year: 1958
No person shall (a) without the leave of the master, board or attempt to board any vessel which is wrecked, stranded or in distress as aforesaid, unless the person is, or acts by command of, the receiver of wreck; or (b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stratided or otherwise in distress on or near the coasts of India or of any part of the cargo or equipment of the vessel, or of any wrek; or (c) secrete any wreck or deface or obliterate any marks thereon; or (d) wrongfully carry away or remove any part of a vessel stranded or in danger of 'being stranded or otherwise in distress, on or near the coasts of India, or any part of the cargo or equipment of the vessel or any wreck.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 399
Title: Claims of Owners to Wreck
State: Central
Year: 1958
(1) The owner of any wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him. (2) Where any articles belonging to or forming part of a vessel other than an Indian vessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of India or are brought into any port in India, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and dispersal of the articles. (3) Where the owner of the wreck does not appear and claim the balance of the proceeds of sale within one year from the date of sale, the said balance shall become the property of the Central Government.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 397
Title: Notice to Be Given by Receiver
State: Central
Year: 1958
The receiver of wreck shall as soon as may be after taking possession of any wreck, publish a notification in such manner and at such place as the Central Government may, by general or special order, direct, containing a description of the wreck and the time at which and the place where it was found.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 421
Title: Certificate of Inspection
State: Central
Year: 1958
(1) No sailing vessel shall ply or proceed to sea unless there is in force in respect of that vessel a certificate of inspection granted under this Part, the same being applicable to the voyage on which she is about to ply or proceed. (2) A certificate of inspection in respect of a sailing vessel shall specify (a) the name and tonnage of the vessel; (b) the names of the owner and tindal of the vessel; (c) the maximum number of the crew and the maximum number of passengers which the vessel is fit to carry; (d) the limits within which the vessel may be used for the purpose of trading and the terms and conditions subject to which she may be used for such trading; (e) the particulars of the free board assigned to the vessel; and shall contain a statement to the effect that her hull, rigging and equipment (including auxiliary machinery, if any) are in good condition. (3) Every certificate of inspection shall be in force from the date of issue for a period of one year or for such shorter period as may be specified therein: Provided that where a sailing vessel is on a voyage outside India at the time of expiry of the certificate, the certificate shall continue to be va
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