Act 018 of 1949 : Merchant Shipping Laws (Extension to Acceding States and Amendment) Act, 1949

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Merchant Shipping Laws (Extension to Acceding States and Amendment) Act, 1949.

(2) It shall come into force on such ¹date as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

Section 2. Extension of the Merchant Shipping Acts, 1894 to 1938 to Part B States

2. Extension of the Merchant Shipping Acts, 1894 to 1938 to Part B States.-The Merchant Shipping Acts, 1894 to 1938, shall, so far as may be applicable, extend to, and operate as part of the law of, all Part B States as they extend to, and operate as part of the law of, ¹ [Part A States].

Section 3. Amendment of the Merchant Shipping Act, 1894

3. Amendment of the Merchant Shipping Act, 1894.-In Section 1 of the Merchant Shipping Act, 1894 (57 and 58 Vict., c. 60.), as it extends to, and operates as part of the law of, India,-

(i) in paragraph (a), the word "natural-born" shall be omitted;

(ii) paragraphs (b) and (c) and the proviso shall be omitted; and

(iii) at the end of Section 1, the following Explanation shall be added, namely:-

‘Explanation.-The expression "British subjects" shall be deemed to include the Ruler and subjects of any of the Acceding States, and the expressions "Her Majesty's dominions" and "dominions" shall be deemed to include all Acceding States.’

Section 4. Extension to Part B States of other Acts relating to merchant shipping in force in the Part A States of India

4. Extension to Part B States of other Acts relating to merchant shipping in force in the Part A States of India.-The Central Government may, by notification in the Official Gazette, direct that any of the Acts relating to merchant shipping specified in the Schedule, shall extend to, and have effect in, any Part B State or part thereof, subject to such exceptions or modifications as it thinks fit.

Section 5. Performance of consular duties under the Merchant Shipping Acts, 1894 to 1938

5. Performance of consular duties under the Merchant Shipping Acts, 1894 to 1938.-Where under the Merchant Shipping Acts, 1894 to 1938, as they extend to and operate as part of the law of India, anything is required or authorised to be done by, to or before a British consular officer at any place outside India, such thing may be done in that place by, to or before an Indian consular officer or such other officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.

Section 6. Proper national colours for ships registered in, or owned by persons domiciled in, or bodies corporate established in, India

6. Proper national colours for ships registered in, or owned by persons domiciled in, or bodies corporate established in, India.-(1) The Central Government may, by notification in the Official Gazette, declare what shall be the proper national colours for all ships registered in India, and for all vessels which are not registered in any British possession but are owned exclusively by persons domiciled in India or by bodies corporate established in India, and thereupon the colours so declared shall, in relation to all such ships and vessels, be the proper national colours for the purposes of sections 73 and 74 of the Merchant Shipping Act, 1894, (57 and 58 Vict., c. 60.) and any person hoisting on board any such ship or vessel any distinctive national colours, other than the proper national colours hereby so declared, shall be punishable with the penalty prescribed in sub-section (2) of Section 73 of that Act.

Section 7. Repeal of Ordinance 27 of 1948

7. Repeal of Ordinance 27 of 1948.-(1) The Merchant Shipping (Acceding States) Ordinance, 1948, is hereby repealed.

(2) The repeal by this Act of the Merchant Shipping (Acceding States) Ordinance, 1948, shall not affect the previous operation of or the validity of anything done or any action taken under the said Ordinance.