REGISTERED No. DL-33004/93 The Gazette of India EXTRAORDINARY
PART II—Section I PUBLISHED BY AUTHORITY No. 119] NEW DELHI, MONDAY, DECEMBER 20,1993/AGRAHAYANA 29,1915 Separate paging is given to this Part in order that it may be filed as a separate compilation 44 of 1958. 2 of 1912. MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 20th December, l993/Agrahayana 29, 1915 (Saka) The following Act of Parliament received the assent of the President on the 17th December, 1993, and is hereby published for general information:— THE MERCHANT SHIPPING (AMENDMENT) ACT, 1993 No. 68 OF 1993 [17th December, 1993] An Act further to amend the Merchant Shipping Act, 1958. BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows: —
1. (1) This Act may be called the Merchant Shipping (Amendment) Act, 1993.
(2) It shall be deemed to have come into force on the 27th day of October, 1983.
2. In section 21 of the Merchant Shipping Act, 1958 (hereinafter referred to as the principal Act), for clauses (b) and (c), the following clauses shall be substituted, namely: — "(b) a company or a body established by or under any Central or State Act which has its principal place of business in India; or
(c) a co-operative society which is registered or deemed to be registered under the Co-operative Societies Act, 1912, or any other Short title and commence. ment. Amendment of section
21. 2 THE GAZETTE OF INDIA EXTRAORDINARY \ [P**r »— Amendment of section
42. Amendment of section
45. Substitution &t new auction section 51- Bights at mortgagee. law relating to co-operative societies for the time being in force in any State.".
3. In tjectt?]* 42 of the principal Act,— 0)-%tk sub-section (7), after the words "interest thereto**, the words, brackets and figures "at any time during which the security, of India or of any parr of the territory thereof is threatened by was or external aggression and during which, a proclamation of Emergency issued under clause (1) of article 352i of the Constitution is in operation" snail be inserted; («) after sub-section $?)} the following sub-section shall be inserted, namely:— "(2A) No transfer or acquisition of any Indian ship shall be valid unless—
(a) all wages and other amounts due to seamen in connection with their employment on that ship have been paid in accordance with the provisions of this Act;
(b)' the owner of the ship has given notice of such transfer or acquisition of the ship to the Director General.".
4. In section 45 of the principal Act, in sub-section (2), for the words "cotapaoy or xmy co-operative society", the i^wJs "company cf body or co-operative society" shjtU he sg$|£|ggxt$cK. I , ? ;. ;
5. For section 51 of the principal Act, the following section shall be substituted, namely:— . . r"- V - "51. (I) Where there is only one registered mortgagee o$-#^ship or share, he shall be entitled to recover the amount dae 'tinder the mortgage by selling the B&oftgaged ship or share without approaching the High Court:
Provided that nothing ewxtained in tf^S gub-section shall prevent the mortgagee from recovering the amount so due in the High Court as provided in sub-secftqn (2).
(2), Where there are twpoipr more registered mortgagees tj£ a ship or share they shall be eiitiiled to recover the amount due under the mortgage in the High; Court, and when passing a decree or thereafter the High Court mâ r direct that the mortgaged ship or share be sold in execution of the decree.
(3) "pvery registered mortgagee of a ship or share wfeo intends to recover the amount due under Hue mortgage by selling the mortgaged ship or share under sub-section (I) shall give an advance notice of fifteen days relating to such sale to the-registrar of the -shlp^s $»ort of registry. (4r) The notice undef sub-section (3) shall be accompanied with the proof of payment of the wages arid other amounts referred to in clause (a.) of sub-section (2A) of section 42.". SEC. 1} THE GAZETTE OF INDIA EXTRAORDINARY 3 Ord. 14 of 199S.
6. Section 412 of the principal Act shall be omitted.
7. In section 414 of the principal Act, in sub-section (2), clauses (b) and (c) shall be omitted.
8. (2) The Merchant Shipping (Amendment) Ordinance, 1903 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended bv this Act. omission «c section
412. Amendment of section
414. Repeal and saving. PRINTED BV THE MANAOtR, GOVERNMENT OF INDiA PRESS, MtNTO ROAD, NEW DELHI AND fSWUSHPD BY rHB -COKfROLLER OF PUBLICAllONs, DELHI, 1 9 9 3 .