The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, OCTOBER 1 1 , 1 9 48
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 11th October, 1948
ORDINANCE No. XXVIII OF 1948
AN
ORDINANCE
to provide for the registration and control of ships owned in Acceding States.
WHEREAS an emergency has arisen which makes it necessary to provide for the registration and control of ships owned in Acceding States;
Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935(26 Geo. 5, c. 2), the Governor-General is pleased to make and promulgate the following Ordinance: —
1. Short title, extent and commencement.—(I) This Ordinance may be culled the Merchant Shipping (Acceding States) Ordinance, 1948.
(2) It extends to the whole of India, and applies—
(a) to the following persons, wherever they may be, namely, British Indian subjects, British subjects (other than British Indian subjects) who are domiciled in any part of India, and the Rulers and subjects of Ac- ceding States;
(6) to, and to persons on, any State ship as defined in section 2, wherever it may be; and
(c) to the master, the owners and the agents of the owners of a State ship as denned in section 2, wherever they may be.
(3) It shall come into force at once.
2. "State ship" defined,—In this Ordinance, "State ship" means any ship which is owned—
(a) wholly by one or more of the following persons, namely, (i) Rulers and subjects of Acceding States; and (ii) bodies corporate established under and subject to the laws of any Acceding State; or
£ M r 9 $ & ^ A Z £ ; r T£ OF INDIA E&CBAOKDINAfiy, OCTOBEK l l, 1948 *, w. %(ji6try of St&te ships.--'^2j Every State ship, not being a ship of fifteen ^ tenf; r/t*U)ii or less which is employed solely in navigation on the riveis und _ tidajts ojyndia, shall bo registered under this Ordinance ae so,o&*ua frft^ bft after l4l^ ^^uiinenuement thereof. *
(j$)_J$* provision of Part I ut the Merchant Shipping Act, 1894 (o7 and 6fe> /-'Vict.v^tf'. 60), shall apply to, and in respect of such registration, subject to any 'adaptations and modulations made by rules notified under section 7. . '
(/?) A ship required by this section to be registered, may be detained by inly person authorised by the Central Government m that behalf, until' the"mastor oi the ship prouuees the certificate of its registry.
4. Application of Act XXVI of 1947 to State ships.—The Control of Shipping- Act, 11)47 (XXVI of 1947), shail apply "to, and in respect of, a State bhip aud to the master, owners or agents of the owners thereof, whether the ship has been registered or not, in the same manner as it would apply to, and in respect of, a ship registered in a port of registry in a Province of India and to the muster, owners or agents of. the owners of a ship so legistered.
6. Kestrtction on the transfer oi Stale ships.—•( I) No person, shall transfer or acquire any ytate ship, or any share or interest in a State ship, without th© previous approval of the Central
(") Any person who purports or attempts to transfer or acquire any State ship or any share or interest in a State ship in contravention 'of sub-Beckon (2), ur who abets or attempts to abet any such contravention, shall be punjsiiable with impr sonmunt for a term which may extend to three years, or with ±jne, or wjth both.
6. ftestriatian *n the transfer of the registry ol State ahipo.™^"V^her&,.van1v
Btato ship has been registered in a port of registry in India, no application for the transfer of such registry to a port of registry outside India shall be sanctioned without the previous approval of the Central Government; and the Central liovormnent may refuse to accord such approval, if, in its opinion, it is ne-^es- sary or expedient1 to do so for the purpose of conserving the strength of Indian registered merchant shipping,
7. Power to make rules.—The Central Government may, by, notification in the otficinl CazeUe, make rules to carry out the purposes o| this Ordinance.
0. "RAJAaOPALACHARI,
Governor- Oe n efal.
K. Y, BHANDAEKAE,