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Harizan Naw Avam Jahaj Tatha Sadak Yatayat Swavalmbi Sahakari Samiti L ...

Court : Patna

..... in the said instruction the secretary while stating that there is provision of grant of declaration certificate under sections 4(1) and 7 of the inland vessels act, 1917 and on such declaration certificate there is provision for grant of survey certificate under section 9(4) by the competent authority it cannot be said to be compliance of the provisions of the act, in later and spirit in the absence of proper examination of the vessel and on account of lack of drydocking facilities in bihar. ..... it is however admitted that according to section 10a of the inland vessels act, 1917 a certificate of survey shall have effect throughout the state in which it is issued provided that such a certificate may be endorsed by the state government or any other state or with the general or special sanction of the state government of ..... this, he has also made allegation on the conduct of the petitioner with which we are not concerned in the present case as only question involved in the present case is that whether as per provision contained in section 9(4) of the inland vessels act, survey certificate issued by the motor vehicle inspector as surveyor is valid or the certificate issued by the chief surveyor, west bengal for operating ferry is valid.7. ..... according to the learned counsel for the petitioner, as per provision contained in section 9(4) of the inland vessels act the motor vehicle inspector can not be appointed as surveyor and he is not the competent person to issue such certificate.3. .....

Ghatal Steam Navigation Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2005)1CALLT291(HC),[2005(105)FLR176],(2005)IILLJ99Cal

..... issuance of such notification by the ministry of labour cannot be controlled as if it will be applicable either in inland vessels act, 1917 or the major port trusts act, 1963 or bengal waterways act, 1934 or bengal ferries act, 1885 or the canals act, 1964 because all are dealing with the inland water establishments. ..... that those vessels cannot be covered as vessels under the inland vessels act, 1917. ..... meaning of the 'inland water' is taken under section 2(b) of the inland vessels act, 1917. ..... neither the inland vessels act nor the major port trusts act nor the bengal waterways act nor bengal ferries act nor the canals act controlled the applicability of the coverage of the ..... been contended by the petitioner in carrying out such business of ferry service, no permission is required from the respective authorities constituted under bengal waterways act, 1934, bengal ferries act, 1985 and the canals act, 1964 all of which acts are applicable to inland water establishments. ..... 5.5.1980 whereunder government of west bengal in exercise of the powers conferred of clause (b) of sub-section (3) of section 1 of the employees' provident funds and miscellaneous provisions act, 1952 specified all inland water transport establishments and employing twenty or more persons as a class of establishment to which the provisions of the said act shall apply with effect from 31.5.1980. ..... whosoever is running the inland water transport under any of the acts, are covered by the notification of the ministry .....

Damodar Mangalji and Co. Ltd. Vs. Oriental Fire and General Insurance ...

Court : Mumbai

Reported in : AIR2006Bom41; 2006(1)ALLMR643

..... 6 appears to be a declaration under section 7 of the inland vessels act, 1917. ..... prabhat' did not have a survey certificate as provided under the inland vessels act; and (two) that the master of the barge rajaram saunto was not [qualified to man the barge at the relevant time inasmuch as did not have first class certificate.4 ..... moreover, under the indian vessels act, 1917, after the declaration is made by the surveyor under section 7 of the said act, the owner or the master is required to forward the said declaration to the competent officer notified by the state government within 14 days from the date of receipt of such declaration and thereafter as provided in section 9 of the said act, the competent officer notified by the state government causes a certificate to be ..... the certificate prepared under section 9 of the indian vessels act, 1917 could have shown whether the barge was fit for navigation or not ..... , there is no certificate as contemplated under section 9 of the indian vessels act, 1917 prepared in respect of barge 'm. v. ..... prabhat' did not have certificate of survey and (two) that rajaram saunto who was the master of the vessel had second class master certificate only and (three) that there was no dispensation of certificate by the captain of ports or ..... then in column 13 which refers to the place and the date where last examination of the vessel was done in dry dock, two dates are mentioned; (1) 6-7-69 at ekoshi and (2) after accident with borim bridge on 15-1-70 at goa .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... reference in this connection has been placed on the inland vessels act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive view should be discouraged specially in the light of the judgment of this court in m.v. ..... the inland vessels act requires a compulsory third party risk insurance cover and the standard format charter parties mostly have printed clauses making it mandatory for a vessel to have a valid protection and indemnity cover for want of which such vessels are not accepted for charter.69. ..... chapter iv of the inland vessels act provides for a compulsory insurance in terms whereof chapter viii of the motor vehicles act, 1939 has been incorporated by reference.70. ..... the effective date of the financial responsibility act is 1, september 2000.proof of financial responsibility must be established for non-tank vessels operating in alaskan waters in the following amounts: (a) for vessels carrying predominately persistent product, $300 per incident for each barrel of oil storage capacity, or $.5,000,000, whichever is greater. ..... the act applies to non-tank vessels over 400 gt which by definition covers self-propelled vessels including commercial fishing vessels, passenger and cargo vessels. .....

Rangaswamy and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2009(3)KarLJ316

..... , to run such public ferry service, by means of auctioning the right to do so by engaging competent person/s who own/s or possess motor boat duly certified by the authorities under the inland vessels act, 1917 and who is/are legally qualified and competent to ply in the said river basis as a means of public water transport.2. ..... the jurisdiction of the first respondent-rural development and panchayat raj department, the 5th respondent is the town municipality of nanjangud, the 6th and 7th respondents are the competent authorities under the provisions of inland vessels act, 1917 and mysore harbour craft rules, 1963.3. ..... the grievance of the petitioners is that even though the sixth respondent gave competency certificate to two persons as early as in january 2007 for plying water vessels in kapila river and licences are also issued to them, no inland transport is made available to the public at large and as a result, there is deficiency of service to the public at large.4. ..... and zilla panchayats remain dead letters nor the government has shown any interest to exercise the powers conferred on it under sections 232, 233, 234, 235 and 236 provided under chapter xvi of the act which requires to identify the lapses and defaults on the part of the zilla and taluk panchayats and to require them to perform their duties within the specified period.6.4 these lapses on the part of the grama .....

M.V. sea Success I Vs. Liverpool and London Steamship Protection and I ...

Court : Mumbai

Reported in : 2002(2)BomCR537

..... he referred to the inland vessels act, 1917 (amendment in 1977), the merchant shipping act, 1956 (amendment in 1983) and the multimodal transportation of goods act, 1993 (amendment in 2000) to show the trend of domestic legislation in india towards making insurance compulsory and mandatory for ships and multimodal transport operators and submitted that there is no good reason for holding that ..... the indian merchant shipping act, 1958 (particularly section 352n), the inland vessels act which requires a compulsory third party risk insurance cover and the most standard format of charter-parties having printed clause making it mandatory for a vessel to have a valid protection and indemnity cover to buttress his argument that protection & indemnity club cover/marine insurance is necessary within the meaning of section 5 of the act of 1861. mr. ..... the 'andrea ursule', 1971 (1) llr 145, wherein the word 'beneficially owned' as occurring in section 3(4)(d) to (r) of administration of justice act, 1956 was construed to mean owned by any person with complete possession and control of the vessel who might thereby become liable, we find that the said judgment of brandon, j. ..... we have already held that a claim towards unpaid insurance premium of a maritime vessel made by p & i association is necessary as contemplated under section 5 of the admiralty courts act, 1861 so as to constitute maritime claim and even otherwise is a maritime claim giving rise to admiralty cause.59. .....

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Reported in : 2010(112)BomLR7

..... 2 was also not qualified to be appointed as a surveyor in terms of sub-section(4) of section 20 of the inland vessels act, 1917, as was done by notification dated 14-6-1996(at page 59 of the paper book) but this submission was given up, on behalf of the petitioner, after the learned advocate general ..... 2 has further stated that the said application was incomplete and is pending since 30-3-2004, as the petitioner could not fulfill the necessary formalities as prescribed under the indian port act, 1908, and other relevant documents as required by the department, though informed on several occasions to comply with the formalities by letters dated 13-4-2004, 17-10-2005, 16-3-2007 and 29-9-2008, ..... rule 10 provides for revalidation and upgrading of certificates, and, states that every seafarer who holds an appropriate certificate in accordance with the convention, the act and the rules framed thereunder prior to the date of those rules may apply for revalidation and upgrading during the transitional period of the stcw convention that ..... of training, certification and watchkeeping for seafarers, 1978 as amended on 7-7-1995 and adopted by the international maritime organization, london, and further provides, in tune with section 78 of the said act that issuance of coc may be issued to the grades mentioned therein, which includes the grade of a master of a foreign going ship, etc. ..... the indian port act, 1908 for setting up a ssi unit for steel fabrication/repair of vessels at the bank of .....

V.R. Bhate and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1970SC1362; 1970CriLJ1261; (1970)3SCC13

..... certificate of survey issued on 3rd november, 1981 by the principal officer, mercantile marine department, bombay district under the inland steam vessels act, 1917 (exhibit 166) showed that besides the crew of 6 persons the launch was authorised to carry 46 passengers. ..... bhate, yeshwant krishna karmarkar and ismail shaikh daud pawaskar under section 58 of the inland steam vessels act, 1917 though their convictions under the said section were confirmed and the separate sentences imposed by the sessions judge were set ..... charges framed against the accused were under sections 120b and 282 of the indian penal code and section 58 of the inland steam vessels act, 1917 and section 54 of the indian ports act read with rule 19 of the bombay minor ports passengers vessels rules. ..... appeal is allowed as far as conviction under section 282 of the indian penal code is concerned and the conviction under section 58 of the inland steam vessels act is confirmed with the modification of the imposition of the fine. ..... the trial court held that under section 58 of the inland steam vessels act the owner and the master were liable, accused no ..... to 11 were also charged for offences under section 63 of the inland steam vessels act and section 304a of the indian penal code.6. ..... the conviction of the appellants under section 58 of the inland steam vessels act is upheld but the imposition of fine is altered.17 ..... i, 2, 4 and 5 under section 58 of the inland steam vessels act and sentenced each of them to pay a fine of .....

Manor Floatel Ltd. and ors. Vs. Board of Trustees for the Port of Kolk ...

Court : Kolkata

Reported in : (2006)3CALLT526(HC)

..... first petitioner produced the temporary pass dated september 28th, 1995 permitting the vessel to be considered an inland vessel registered under the inland steam vessels act, 1917, and the barge registration rules, 1952. ..... requested the board to raise the bill treating the barge as an inland vessel, and not as a coastal vessel. ..... first petitioner was also called upon to produce permit from the registering authority treating the vessel as an inland vessel. ..... 2002 the authority gave the ruling that though it was doubtful whether rates could be levied treating the thing as a costal vessel there was nothing to find fault with the action taken by the board that demanded berth hire charges calculated on the basis of the lower ..... counsel for the board has argued that when there is no dispute that the barge is nothing but a vessel, which can be engaged in foreign or coastal trade, and that it actually occupied a berth and enjoyed all the facilities when the construction works were ..... by a letter dated may 15th, 2001 the board said that since the gross registered tonnage of the vessel changed for the huge construction works undertaken by the first petitioner, rates would be levied on the basis of the ..... 2002]supp5scr222 , he has argued that the order is irrational in that having noticed that it was doubtful whether the board was entitled to levy charges at the rate applicable to vessels engaged to coastal trade, the authority all at once concluded in favour of upholding the action of the board. .....

River Steam Navigation Co. Ltd. Vs. Owners and Parties Interested in S ...

Court : Kolkata

Reported in : AIR1939Cal513

..... now article 11 of the rules framed under section 52, inland steam-vessels-act 1917 (1 of 1917) says, 'one prolonged blast shall be given to convey a warning in the following cases: (c) on approaching a bend in the channel ..... the exercise of the powers conferred by section 52, inland steam vessels act 1917 (act 1 of 1917).3. ..... admits that the channel is fairly wide, but he says that if he were navigating a vessel against the tide at the point and heard a vessel coming from the opposite direction he would wait below the point. ..... abedin, it must be remembered, was the helmsman who was steering the 'janardan' from the pilot house on the roof of the vessel while the serang was in the fore part of the vessel on the roof near the bow on a platform called a tiktiki. ..... that the proper thing to do would be to stop below the point and allow the vessel coming with the tide to pass, but in the face of the evidence of mr. ..... various controls within the pilot house or bridge are near one another as we saw on inspection of the vessel and there was no difficulty in one man operating on all of them. ..... when two steam vessels, with or without flats in tow, meet in a narrow channel or at a place where the presence of a third vessel makes it dim-cult to pass, the one going against the current shall slacken her speed until the other has passed clear or when meeting at the bend of a narrow river or channel the vessel going against the current shall stop and remain under the point until the other vessel has passed .....