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Start Free TrialMerchant Shipping Act, 1958 Part VIII
Title: Passenger Ships
State: Central
Year: 1958
.....stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the facts that the same were duly incurred. Section 252 - Ship not to make voyage in contravention of contract The master, owner or agent of1[a special trade passenger ship] or a pilgrim ship shall not, otherwise than by reason of perils of the sea or other unavoidable accident, allow the ship to touch at any port or place in contravention of any express or implied contract or engagement with the2[special trade passengers] or pilgrims with respect to the voyage which the ship was to make and the time which that voyage was to occupy, whether the contract or engagement was made by public advertisement or otherwise. _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. 2. Substituted for the words "unberthed passengers" by the Merchant Shipping (Amdt.) Act, 1976 (69 of 1976), Section 2. Section 253 - Information to be sent to ports of embarkation and discharge (1) The officer appointed by the Central Government in this behalf at.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Amending Act II
Title: Merchant Shipping (Amendment) Act, 2002
State: Central
Year: 1958
.....the words "or produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion of the High Court is satisfactory and the amount so deposited or guarantee so given" shall be substituted; (d) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:- "(5) Where the person referred to in sub-section (1) or his insurer establishes that he has paid is whole or in part any claims in respect of which he can limit his liability under this Part, the High Court shall place him in the same position and to the same extent in relation to the Fund as the claimant whose claim has been paid and allow to acquire by subrogation the rights which the 30 person so compensated would have enjoyed under this Part: Provided that the right of subrogation provided for in this sub-section may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they might, have paid to that extent if prescribed by the rules made in this behalf under this Part. (6) Where the person liable or any other person has established that he may at a later date be required to pay in whole or in.....
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
.....the words "or produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion of the High Court is satisfactory and the amount so deposited or guarantee so given" shall be substituted; (d) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:- "(5) Where the person referred to in sub-section (1) or his insurer establishes that he has paid is whole or in part any claims in respect of which he can limit his liability under this Part, the High Court shall place him in the same position and to the same extent in relation to the Fund as the claimant whose claim has been paid and allow to acquire by subrogation the rights which the 30 person so compensated would have enjoyed under this Part: Provided that the right of subrogation provided for in this sub-section may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they might, have paid to that extent if prescribed by the rules made in this behalf under this Part. (6) Where the person liable or any other person has established that he may at a later date be required to pay in whole or in.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Complete Act
Title: Merchant Shipping Act, 1958
State: Central
Year: 1958
Preamble1 - MERCHANT SHIPPING ACT, 1958 Part I Section1 - Short title and commencement Section2 - Application of Act Section3 - Definition PartII - NATIONAL SHIPPING BOARD Section4 - Establishment of National Shipping Board Section5 - Functions of National Shipping Board Section6 - Power to make rule in respect of matters in this Part Part III Section7 - Director-General of Shipping Section8 - Mercantile Marine Department Section9 - Surveyors Section10 - Radio inspectors Section11 - Shipping offices Section12 - Seamen's employment offices Section13 - Seamen's welfare officers PartIV - SHIPPING DEVELOPMENT FUND Section14 - [Omitted] Section15 - [Omitted] Section16 - [Omitted] Section17 - [Omitted] Section18 - [Omitted] Section19 - [Omitted] PartV - REGISTRATION OF INDIAN SHIPS Section20 - Application of Part Section21 - Indian ships Section22 - Obligation to register Section23 - Ports of registry Section24 - Registrars of Indian ships Section25 - Register book Section26 - Application for registry Section27 - Survey and measurement of ships before registry Section28 - Marking of ship Section29 - Declaration of ownership on registry Section30 -.....
List Judgments citing this sectionMerchant Shipping Act, 1958 Amending Act I
Title: Merchant Shipping (Amendment) Act, 2003
State: Central
Year: 1958
.....ship and may require the master of such tanker or ship to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein. 356H. Information regarding contravention of provisions of Convention.-- (1) If, on report from a surveyor or other person authorised to inspect an oil tanker or other ship under section 356G, the Director-General is satisfied that any provision of the Convention has been contravened by such oil tanker or other ship within the coastal waters, the Director-General or any officer authorised by him in this behalf, may-- . (a) detain the oil tanker or other ship until the causes of such contravention are removed to the satisfaction of the Director-General or the officer authorised by him; and (b) proceed against such oil tanker or other ship for recovery of cost of pollution damage, if any, and the cost of prevention of pollution damage and cleaning of such pollution; Provided that where the Director-General deems it necessary, he may request the Indian Navy or the Coast Guard for preventing the oil tanker or other ship from proceeding to sea, and the Indian Navy or the Coast Guard, as the case may be,.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Amending Act 3
Title: Merchant Shipping (Amendment) Act, 2007
State: Central
Year: 1958
.....the long title, for the word "registration", the words "registration, certification, safety and security" shall be substituted. 3. Amendment of section 3 1n section 3 of the principal Act, after clause (44), the following clause shall be inserted, namely: (44A) "security" means maritime security and includes any measure to protect ports or ships or any person or thing relating directly or indirectly to maritime navigation, (i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage; and (ii) against any other hostile act or influence which threatens the security in the maritime transport sector, employed by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments;'. 4. Amendment of section 31 In section 31 of the principal Act, after clause (a), the following clause shall be inserted, namely: "(aa) the ship identification number;". 5. Insertion of new section 99A After section 99 of the principal Act, the following section shall be inserted, namely: '99A. (1) No person shall engage or.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act 2007 Chapter II
Title: Amendment of the Merchant Shipping Act, 1958
State: Central
Year: 2007
.....title, for the word "registration", the words "registration, certification, safety and security" shall be substituted. Section 3 - Amendment of section 3 1n section 3 of the principal Act, after clause (44), the following clause shall be inserted, namely: (44A) "security" means maritime security and includes any measure to protect ports or ships or any person or thing relating directly or indirectly to maritime navigation, (i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage; and (ii) against any other hostile act or influence which threatens the security in the maritime transport sector, employed by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments;'. Section 4 - Amendment of section 31 In section 31 of the principal Act, after clause (a), the following clause shall be inserted, namely: "(aa) the ship identification number;". Section 5 - Insertion of new section 99A After section 99 of the principal Act, the following section shall be inserted, namely: '99A. Prohibition.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 323
Title: Inspection and Control of Load Line Convention Ships Other Than Indian Ships
State: Central
Year: 1958
.....lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the surveyor. (5) If it is found 5 [on any inspection under sub-section (2) or, as the case may be, sub-section (2A)] that the ship has been so materially altered in respect of the matters referred to in clauses (c) and (d) of sub-section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 336 (in the case of an Indian ship) or for the purpose of section 342 (in the case of any other ship): Provided that where the ship has been detained under either of the last-mentioned sub-sections, the Central Government shall order the ship to be released as soon as, it is satisfied that the ship is fit to proceed to sea without danger to human life. (6) If a valid international load line certificate 6 [or, as the case may be, international load line exemption certificate] is not produced to the surveyor on such demand as aforesaid the surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 300
Title: Cargo Ship Safety Equipment and Cargo Ship Equipment Certificates for Ships Other then Passenger Ships
State: Central
Year: 1958
.....five hundred tons gross or more, not being a passenger ship, the Central Government is satisfied that the ship complies with the provisions of this Act and the rules made thereunder relating to life saving and fire appliances applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, the Central Government may issue in respect of the ship- (a) where the ship performs voyages between ports or places in India and ports or places outside India, a certificate in the prescribed form to be called a cargo ship safety equipment certificate;] (b) where the ship performs voyages only between ports or places in India, a certificate in the prescribed form to be called a cargo ship equipment certificate.] (2) Where in respect of any such ship as is referred to in sub-section (1), there is in force an exemption certificate granted under section 302 and the Central Government is satisfied that the ship complies with all the requirements referred to in that sub-section other than those from which the ship is exempt under that certificate, the Central Government may issue a certificate in the.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 336
Title: Power to Detain Unsafe Ship and Procedure for Detention
State: Central
Year: 1958
.....Court of survey for the port where the ship is detained. (g) The Central Government may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions. (2) Any person appointed2by the Central Government for the purpose (in this Act referred to as a detaining officer) shall have the same power as the Central Government has under ims section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person to survey her, and if he thinks that a ship so detained by him is not unsafe, may order her to be released. (3) A detaining officer shall forthwith report to the Central Government any order made by him for the detention or release of a ship. (4) A ship detained under this section shall not be released by reason of her Indian register being subsequently closed. ________________________ 1. This section has been specially extended to the Ports of Marmagoa and Panjim- 2. Engineer, and Ship Surveyor, and the Nautical Surveyor attached to Mercantile Marine Department at Marmagoa appointed to be the detaining officers for the purposes of this.....
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