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Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....

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Merchant Shipping Act, 1958 Part VII

Title: Seamen and Apprentices

State: Central

Year: 1958

.....ordinarily engaged in maritime navigation, other than a ship of war.] _________________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007]. Section 100 - Agreements with crew The master of every Indian ship, except a home-trade ship of less than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of his crew from any port in India. Section 101 - Form and contents of the agreement (1) An agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be1[signed by the owner or agent and the master] before any seaman signs the same. (2) The agreement with the crew shall contain as terms thereof the following particulars, namely:- (a) the name of the ship or ships on board which the seaman undertakes to serve: (b) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage.....

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Merchant Shipping Act, 1958 Section 347

Title: Right of Contribution

State: Central

Year: 1958

(1) Whenever loss of life or personal injuries are suffered by a person on board a ship owing to the fault of that ship and of any other ship or ships, and a proportion of the damages is recovered from the owner of one of the ships which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively in fault : Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor. (2) In addition to any other remedy provided by law, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have, subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.

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Merchant Shipping Act, 1958 Section 137

Title: Commencement and Payment of Sums Allotted

State: Central

Year: 1958

.....out of which the allotment was to have been paid but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Act is required or by a certified copy of some entry in the official logbook to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence of whatever description, as the Court may consider sufficient. (3) The shipping master on receiving any such sum as aforesaid shall pay it over to the person named in that behalf in the allotment note. (4) All such receipts and payments shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of the shipping master. (5) The said book shall at all reasonable times be open to the inspection of the parties concerned. ________________________ 1. Substituted for the words "one month from the date of the agreement" by Merchant Shipping (Amendment) Act (41 of 1984),Section 10(15-7-85).

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Merchant Shipping Act, 1958 Section 147

Title: Wages Not Recoverable Outside India in Certain Cases

State: Central

Year: 1958

Where a seaman is engaged for a voyage which is to terminate in India, he shall not be entitled to sue in any court outside India for wages unless he is discharged with such sanction as is required by this Act, and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board.

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Merchant Shipping Act, 1958 Section 346

Title: Damages for Personal Injury

State: Central

Year: 1958

(1) Whenever loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships concerned shall be joint and several. (2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.

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Karnataka Court-fees and Suits Valuation Act, 1958 Schedule I

Title: Schedule I

State: Karnataka

Year: 1958

.....fee (1) (2) (3) 1 Petition in a suit under the Mysore Converts' Marriage Dissolution Act, 1866 (Mysore Act XXI of 1866); or the Converts' Marriage Dissolution Act, 1866 (Central Act XXI of 1866); Petition under the Indian Divorce Act, 1869 (Central Act IV of 1869), other than a petition under Section 44 of that Act, and every memorandum of appeal under Section 55 of that Act; One hundred rupees Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1939 (Central Act III of 1936), or counterclaim made under Section 37 of that Act- Petition, plaint or memorandum of appeal when presented to a Court under the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), the Mysore Dissolution of Muslim Marriage Act, 1943 (Mysore Act XLIII of 1943); and the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), as in force in the Gulbarga Area; Petition under Sections 22, 23, 24, 25 or 27 of the Special Marriage Act, 1954 (Central Act 43 of.....

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Karnataka Court-fees and Suits Valuation Act, 1958 Schedule II

Title: Schedule Ii

State: Karnataka

Year: 1958

.....presented to a Court under the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), the Mysore Dissolution of Muslim Marriage Act, 1943 (Mysore Act XLIII of 1943); and the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), as in force in the 3 [Gulbarga Area]; Petition under Sections 22, 23, 24, 25 or 27 of the Special Marriage Act, 1954 (Central Act 43 of 1954) and memorandum of appeal under Section 39 of that Act; Petition under Sections 9, 10, 11, 12 or 13 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955) and memorandum of appeal under Section 28 of that Act. If in a suit falling under any of the above paragraphs, there is a specific claim for damages, separate fee at the rates prescribed in Article 1 of Schedule I shall be charged on the amount of damages claimed. 2. Undertaking under Section 49 of the Indian Divorce Act, 1869. 4 [Five rupees] 3. Memorandum of appeal 5 [from a decision or an award or order] inclusive of an order determining any question under Section 47 or Section 144 of the.....

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The Bombay Village Panchayats Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;] 3[ (7) * * *] (8) "factory" means a factory as defined in the Factories Act, 1948; 4 [(8-A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India]; 5 [(9) "Gram Sabha " means a body consisting of person registered in the electoral rolls relating to village comprised within the area of the Panchayat]; (10) "land" includes land which is built upon, or covered with water; (11) "list of voters" means a list of voters provided for and maintained, under Section 12; 6 [(12) * * *] 7[(13)***] (14) "panchayat" means a panchayat established or deemed to have been established under this Act; 8 [(14-A) "population" means the population as ascertained at the last preceding census of which the relevant figures, 9[* * *] have been published;] (15) "prescribed" means prescribed by rules; (16) "rules" means rules made, or deemed to have been made, under this Act; (17)" Sarpanch" and "Upa-Sarpanch" means a Sarpanch and Upa-Sarpanch elected under section 30, 10[30A], 41 or 43; 11[(17-A) "Scheduled.....

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