The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, SATURDAY, APRIL 9, 1949
The Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART IV Acts of the Dominion Legislature assented to by the Governor General
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 9th April, 1949
The following Act of the Dominion Legislature received the assent of the Governor General on the 9th April, 1949 and is hereby published for general information: —
ACT NO. XVIII OF 1949
An Act to amend the Merchant Shipping Act, 1894, and to provide for the
extension of the laws in force in the Provinces of India 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 6& Vict., c. 60), and to provide for the extension of the laws in force in the Provinces of India relating to merchant shipping to Acceding States and for certain other matters;
It is hereby enacted as follows:- 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 date as the Central Government may, by notification in the official Gazette, appoint in this behalf.
2. Extension of the Merchant Snipping Acts, 1894 to 1938 to Acceding States.—The Merchant Shipping Acts, 1894 to 1988, shall, so far as may be applicable extend to, and operate as part of the law of, all Acceding States at they extend to, and operate as part of the law of, the Provinces of India.
3. Amendment of the Merchant Shipping Act, 1894 (87 and B8 Vict.,
c. 60).—In section 1 of the Merchant Shipping Act, 1894, 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:—
116 THE GAZETTE OF INDIA EXTBAORDINAEY, APRIL 0, 1949
4. Extension to Acceding States ol other Acts relating to merchant ship- ping In force In the Provinceo of India.—/Ihe Central Government may, by notification in the official Gazette, direct that any of the Aots relating to merchant shipping specified in the Schedule, shall extend to, and have effeot In, any Acceding State or part thereof, suhjeet to such exceptions or modifica- tions as it thinks fit.
5. Performance ol consular duties under the Merchant Shipping Act*, 1894 to 1938.—Where under the Merchant Shipping Acts, 1894 to 1988, _ 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 ns the Central Government may, by notification in the official Gazette, specify in this behalf.
6. Proper national colours for Hhipu registered In, or owned by persona domiciled in, or bodies corporate established in, India—,(1) The Central Govern- ment may, by notification in the official GazettB, 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 bodieB 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 78 and 74 of the Merchant Shipping Act, 1894 (57 and 68 Viet., 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 (J?) of section 78 of that Act.
(8) The Central Government may, by notification in the official Gazette, exempt any ship or vessel or any class of shipa or vessels from the operation of this section.
7. Repeal of Ordinance XXVIII of 1948.—(1) The Merchant Shipping (Acceding States) Ordinance, 1948, is hereby repealed.
(3) 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.
THE SCHEDULE
("See section 4.)
Year. No. Short title.
1841 . X The Indian Registration of Shipa Act, 1841.
1850 . XI The Indian Registration of Shipa Ant (1841) Amendment Aot,
1880.
I8H6 . IX The Indian Bills of Lading Aot, 18S6.
1923 . XXI Tho Indian Merchant Shipping Act, 1923.
1925 . XXVI The Carriage of Goodn hy Sea Act, 1925.
I92T . XVII The Indian Lighthouse Aot, 1927.