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Start Free TrialMERCHANT SHIPPING ACT, 1958 Section 298
Title: Information about ship's stability
State: Central
Year: 1958
.....for the purpose of section 208 (which requires documents relating to navigation to be delivered by the master of a ship to his successor) information4[including any amendment thereto] under this section shall be deemed to be a document relating to the navigation of the ship. ________________________ 1. Substituted for the words "about the ships stability as is necessary for the guidance of the master in loading and ballasting the ship' by the Merchant Shipping (Amendment) Act, 1966 (21 of 1966),Section 14 (28-5-1966). 2. Substituted for former sub-section (2), by the Merchant Shipping (Amendment) Act, 1966 (21 of 1966),Section 14 (28-5-1966). 3. Inserted, by the Merchant Shipping (Amendment) Act, 1966 (21 of 1966),Section 14 (28-5-1966). 4. Inserted, by the Merchant Shipping (Amendment) Act, 1966 (21 of 1966),Section 14 (28-5-1966).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Part VIII
Title: Passenger Ships
State: Central
Year: 1958
.....under sub-section (3).] _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Inserted by Amendment Act, 1976 (69 of 1976), Section 9 (1-12-1976). Section 256 - Ship taking additional passengers at intermediate place 1 [(1) If any 2 [special trade passenger ship] performing a voyage between ports or places in India takes additional 2 [special trade passengers] on board at an intermediate port or place, the master shall obtain from the certifying officer 4 [or such other officer as the Central Government may appoint in this behalf] at the port or place a supplementary certificate stating- (a) the number of 2 [special trade passengers] so taken on board; and (b) that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the 3 [special trade passengers] on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the scale for the time.....
View Complete Act List Judgments citing this sectionMerchant 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.....
View Complete Act List Judgments citing this sectionMerchant 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.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Complete Act
Title: Merchant Shipping Act, 1958
State: Central
Year: 1958
.....Indian ship Section453 - Certain persons deemed to be public servants Section454 - Powers of persons authorised to investigate, etc Section454A - Power to prescribe alternative fittings, etc Section455 - Exemption of public ships, foreign and Indian Section456 - Power to exempt Section457 - General power to make rules Section458 - Provisions with respect to rules and regulations Section459 - Power to constitute committees to advise on rules, regulations and scales of fees Section460 - Protection of persons acting under Act Section460A - Removal of difficulties Part XVIII Section461 - Repeals and savings ScheduleI - SCHEDULE Amending ActI - MERCHANT SHIPPING (AMENDMENT) ACT, 2003 Amending ActII - MERCHANT SHIPPING (AMENDMENT) ACT, 2002 Amending Act3 - MERCHANT SHIPPING (AMENDMENT) ACT, 2007
List Judgments citing this sectionMerchant Shipping Act, 1958 Section 282
Title: Powers to Make Rules Relating to Pilgrim Ships
State: Central
Year: 1958
.....(s) the manner in which the dates of sailing shall be advertised under 2 [section 255;] the appointment of pilgrim officers for the purposes of that section and sections 279 and 280; the manner in which payment shall be made under section 279 to pilgrims and to the pilgrim officer; and the procedure to be followed by masters, owners or agents and by pilgrim officers and 3 [Metropolitan Magistrates or Judicial Magistrates of the first class, as the case may be] in proceedings under that section; (t) the functions of the master, medical officer and other ship's officers during the voyage; (u) the local limits within which, and the time and mode at and in which, pilgrims shall be embarked or discharged at any port or place appointed under this Part in that behalf; (v) the time within which a pilgrim ship shall depart or proceed on her voyage after commencing to take pilgrims on board; (w) providing that a pilgrim shall not be received on board any pilgrim ship, unless he is in possession of a passport or a pilgrim's pass regulating the issue of pilgrims passes and prescribing the form of and fees which may be charged for such passes; 4 [*] 5 [(ww) the fees that may be.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 344E
Title: Foreign Nuclear Ships to Give Advance Notice of Arrival
State: Central
Year: 1958
1 [344E.Foreign nuclear ships to give advance notice of arrival (1) No nuclear ship, other than an Indian ship, shall enter the territorial waters of India unless the master, owner or agent thereof has given such advance notice of the ship's intended arrival in India as may be prescribed, to such authority as may be specified by the Central Government, and has forwarded along with the notice a true copy of the ship's safety assessment to that authority. (2) If on the examination and evaluation of the ship's safety assessment the authority referred to in sub-section (1) is of opinion that the entry of the ship will involve unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may direct the nuclear ship not to enter the territorial waters of India and the ship shall comply with such direction. _________________________ 1. This Part, consisting of sections 344A to 344I, was inserted by Act 21 of 1966,Section 30 (28-5-1966).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 229
Title: Alterations in Ships Subsequent to Grant of Certificate of Survey, and Additional Surveys,
State: Central
Year: 1958
(1) The owner, agent or master of a ship in respect of which a certificate of survey granted under this Part is in force, shall, as soon as possible after any alteration is made in the ship's hull, equipment or machinery which affects the efficiency thereof or the seaworthiness of the ship give written notice to such person as the Central Government may direct containing full particulars of the alteration. (2) If the Central Government has reason to believe that since the making of the last declaration of survey in respect of a ship (a) any such alteration as aforesaid has been made in the hull, equipment or machinery of the ship; or (b) the hull, equipment or machinery of the ship have sustained any injury or are otherwise insufficient; the Central Government may require the ship to be again surveyed to such extent as it may think fit, and, if such requirement is not complied with, may cancel any certificate of survey issued under this Part in respect of the said ship.
View Complete Act List Judgments citing this sectionMERCHANT SHIPPING ACT, 1958 Section 133
Title: Power of shipping master to require production of ship's papers
State: Central
Year: 1958
In any proceedings under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner, master or agent or any mate or other member of the crew to produce any logbooks, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons being then at or near the place on the matter.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 343
Title: Exemption of Ships from Certain Provisions of This Part
State: Central
Year: 1958
.....gross] or to any ship not fitted with mechanical means of propulsion. (2) Nothing in the preceding sub-section shall affect the exemption conferred by any other provision of this Act. (3) Nothing in this Part shall apply to any ship other than an Indian ship while it is within any port in India if it would not have been within such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer, if any, of the ship could have prevented or forestalled. ________________________ 1. Substituted for the words 'any ship of less than five hundred tons gross other than a passenger ship', by Act 21 of 1966. Section 29(28-5-1966).
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