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Merchant 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.....

Merchant Shipping (Amendment) Act, 2002 Section 23

Title: Substitution of New Section for Section 352h

State: Central

Year: 2002

For section 352H of the principal Act, the following section shall be substituted, namely:- '352H. Definitions.- In this Part, unless the context otherwise requires,- (a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage; (b) "liability convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time.'. (c) "oil" means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship; (d) "owner" means (i) the person registered as owner of the ship; (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a ship owned by a foreign State, the person registered in that State as operator of the ship; (e) "person" means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent sub-divisions; (f) "pollution damage" means (i) loss or damage caused outside the ship by.....

Merchant Shipping (Amendment) Act, 2002 Section 24

Title: Amendment of Section 352-i

State: Central

Year: 2002

In section 352-I of the principal Act,- (a) for sub-section (4), the following sub-section shall be substituted, namely:- "(4) When any incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under sub-section (3), shall be jointly and severally liable for such damage which is not reasonably separable."; (b) for sub-section (6), the following sub-section shall be substituted, namely:- "(6) Without prejudice to any right of recourse of the owner against third parties, no claim for compensation for pollution damage may be made against- (a) the servants or agents of the owner or the members of the crew; (b) the pilot or any other person who, without being a member of the crew, renders services for the ship; (c) any charterer (howsoever described, including a bare-boat charterer), manager or operator of the ship; (d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority; (e) any person taking preventive measures; (f) all servants or agents of persons mentioned in clauses (c), (d) and (e), unless the incident.....

Merchant Shipping (Amendment) Act, 2002 Section 25

Title: Substitution of New Section for Section 352j

State: Central

Year: 2002

For section 352J of the principal Act, the following section shall be substituted, namely:- "352J. Limitation of liability. (1) The owner shall be entitled to limit his liability under this Part, in respect of any one or more incident, as may be prescribed. (2) The owner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.".

The Maharashtra Value Added Tax Act, 2002 Complete Act

State: Maharashtra

Year: 2002

.....Purpose Act, 1985 and (v) The Maharashtra Sales Tax on the Transfer of Property in goods involved in the execution of Works Contract (Re-enacted) Act, 1989. each of them as amended from time to time, and includes enactments which have validated anything done or omitted to be done under any of the above mentioned laws; (12) "goods" means every kind of moveable property not being newspapers, actionable claims, money, stocks, shares, securities or lottery tickets and includes live stocks, growing crops, grass, and trees and plants including the produce thereof including property in such goods attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; (13) "importer" means a dealer who brings any goods into the State or to whom any goods are dispatched from any place outside the State; (14) "legal representative" shall have the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908; (15) "manufacture" with all its grammatical variations and cognate expressions includes producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or.....

Merchant Shipping (Amendment) Act, 2002 Section 26

Title: Amendment of Section 352r

State: Central

Year: 2002

In section 352R of the principal Act, after clause (b), the following clause shall be inserted, namely:- "(c) the limits of liability of owner in respect of one or more incident of pollution damage or other requirements having regard to the provisions of the Liability Convention.".

Merchant Shipping (Amendment) Act, 2002 Section 27

Title: Insertion of New Part Xc

State: Central

Year: 2002

.....Government to the Fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved. (5) No person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made, (a) with the consent of the person from whom the information was obtained; (b) in connection with the compliance of this section; (c) for the purpose of any legal proceedings arising out of this section or of any report of such proceedings. (6) A person who, (a) refuses or wilfully neglects to comply with a notice under this section; or (b) makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this Act. 352W. Liability.....

Companies (Second Amendment) Act, 2002 Section 131

Title: Insertion of New Section 647a

State: Central

Year: 2002

After section 647 of the principal Act, the following section shall be inserted, namely:-- "647A. Transfer of winding up proceedings to Tribunal.-- All proceedings (including proceedings relating to arbitration, compromises, arrangements and reconstruction and winding up of a company) pending before the commencement of the Companies (second Amendment) Act, 2002 before any District Court or High Court, under this Act, or the Insurance Act, 1938 (4 of 1938)or any other law for the time being in force other than under the Banking Regulation Act, 1949 (10 of 1949), shall be transferred to the Tribunal from the date to be notified by the Central Government, in the Official Gazette, and the Tribunal may proceed with the matter either de novo or from the stage it was so transferred: Provided that where the winding up of a company has commenced, subject to the supervision of the District Court or a High Court, before the commencement of the Companies (second Amendment) Act, 2002, such winding up shall continue to be under the supervision of the District Court or the High Court, as the case may be, and the company shall be wound up in the same manner and in the same incidents as if.....

Security Interest (Enforcement) Rules, 2002 Complete Act

State: Central

Year: 2002

.....declares that the application is within the limitation prescribed in section 24 of the Recovery of Debts Due to Banks and Financial Institutions (Act), 1993. 5. Facts of the case ; The facts of the case are given below: -[Give- here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise], 6. Details of recoveries made by sale of securities ; [Give here security wise details of sale/s conducted and realizations, appropriations of sale proceeds towards, costs interest and principal amount and the balance amount to be recovered.] 7. Relies sought : In view of me facts mentioned in para 5 above, the applicant prays for the the following relief(s) :- [Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any relief upon).] 8. Iterim order, if prayed for: Pending final decision on the application, the applicant seeks issue of the following interim order-- [Give here the nature of the interim order prayed for with reasons.] 9. Matter not pending with any other court, etc : The applicant further declares that the matter .....

The Sikkim Irrigation Water Tax Act, 2002 Complete Act

State: Sikkim

Year: 2002

.....proceedings shall lie against any officer or any other public servant for anything which is done in good faith or purported to be done under this Act or rules made thereunder. Officers to be public servant. 12. Every officer of the State Government acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. Recovery of dues. 13. Every amount due under the provision of this Act shall be recoverable as an area of public due under the provisions of the Sikkim Public Demand Recovery Act, 1988. Powers to remove Difficulties. 14. If any difficulty arises in giving effect to the provisions of this Act, the same shall be referred to the State Government for decision. Power to exempt. 15. If, in the opinion of the State Government, the enforcement of all or any of the provisions of this Act will cause hardship in any case or cases, the State Government may, by notification, setting out the grounds thereto, exempt permanently or for a specified period, such case or cases from all or any of the provisions of this Act, subject to such conditions, if any, as the State Government may deem fit to impose. 16......