act 021 of 1923 : Merchant Shipping Laws (Extension to Acceding States and Amendment) Act, 1949 [Repealed]

Merchant Shipping Laws (Extension to Acceding States and Amendment) Act, 1949 [Repealed]

ACTNO. 21 OF 1923
04 September, 1949

[Repealed by Act 44 of 1958, Section 461(1) and Schedule.]

An Act to amend the Merchant Shipping Act, 1894, and to provide for the extension of the laws 1 [* * *] relating to merchant shipping to Acceding States and for certain other matters

Whereas it is expedient to amend the Merchant Shipping Act, 1894, (57 and 58 Vict., c. 60.) and to provide for the extension of the laws 2 [* * *] relating to merchant shipping to Acceding B States and for certain other matters:

It is hereby enacted as follows:

Section 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 3date 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

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, 4 [Part A States].

Section 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

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

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

(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

(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.

(See Section 4)

Year

No.

Short title

1841

.

X

The Indian Registration of Ships Act, 1841.

1850

.

XI

The Indian Registration of Ships Act (1841) Amendment Act, 1850

1856

.

IX

The Indian Bills of Lading Act, 1856

1923

.

XXI

The Indian Merchant Shipping Act, 1923.

1925

.

XXVI

The Carriage of Goods by Sea Act, 1925.

1927

.

XVII

The Indian Lighthouse Act, 1927.

1. The words in force in the Provinces of India omitted by the A.O. 1950.

2. The words in force in the Provinces of India omitted by the A.O. 1950.

3. 10-4-1949, see Gazette of India, 1949, Extraordinary, p. 615.

4. Substituted by the A.O. 1950 for the Provinces of India .