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Start Free TrialMerchant 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 Amending Act I
Title: Merchant Shipping (Amendment) Act, 2003
State: Central
Year: 1958
.....it occurs, the words "oil or noxious liquid substance" shall be substituted. 6. Amendment of section 356-O.-- In section 356-O of the principal Act, in sub-section (2),-- (i) for clauses (a) and (b), the following clauses shall be substituted, namely:-- "(a) prescribe the limits of ballast, and designate noxious liquid substances, under clauses (a) and (j), respectively, of section 356B; (b) prescribe the forms in which, the duration for which and the conditions subject to which, various international pollution prevention certificates shall be issued under section 356C; (bb) prescribe the period within which, the manner in which and the conditions for making surveys of oil tankers or other ships prior to issuing an international pollution prevention certificate and the requirements as to equipment which are to be fitted for prevention of pollution by an oil tanker and other ship under section 356E;"; (ii) in clause (c), for the words "oil record books", the words "record books" shall be substituted; (iii) in clause (d), for the words "oil monitoring system, oily water separator, oil content metre, crude oil washing system, inert gas system or other equipments or.....
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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