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Merchant Shipping Act,1958

Act No : 44


Section : Destination of ship, time of sailing, etc., to be advertised.

255. Destination of ship, time of sailing, etc., to be advertised. (1) The master, owner or agent of 1*[a special trade passenger ship] departing or proceeding from any port or place in India appointed in this behalf by the Central Government under sub- section (1) of section 237 shall issue at such port or place in the prescribed manner an advertisement containing the particulars required to be stated in the notice under sub-section (1) of section 238; and such advertisement shall be issued before such reasonable and sufficient interval as may be prescribed before the date of sailing of any such ship from such port or place. (2) The Central Government may, by order in writing, exempt any class of ships from the operation of sub-section (1). 3*[(3) The master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim ship from any port or place in India shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrim by such ship or selling or promising or permitting any person to sell a passenger ticket to any pilgrim for conveyance by such ship, supply to the officer appointed in this behalf (hereinafter referred to as the pilgrim officer) at the port or place from which the ship is to commence the voyage, and at each port or place in India at which she is to touch for the purpose of embarking pilgrims, full particulars as to the name, tonnage and age of the ship, the maximum number of passage tickets of each class to be issued, the maximum price of each class of passage tickets, the probable date on which the ship is to sail from that port or place, the ports, if any, at which she is to touch, the place of her destination, and the probable date of her arrival thereat. (4) The master, owner or agent of the ship shall supply to the pilgrim officer, within three days from the date of demand, such further information in regard to the matters mentioned in sub-section (3) as that officer may in writing demand from him. (5) (a) The master, owner or agent of the ship shall advertise at such port or place and in such manner as may be prescribed- (i) the place of destination of the ship, (ii) the price of each class of passage tickets which shall not be in excess of the price communicated to the pilgrim officer under sub-section (3), and (iii) the provisional date of sailing from that port or place. (b) The master, owner or agent of the ship shall also advertise the final date of sailing not less than fifteen days before such date. (6) No master, owner or agent shall-- (a) without reasonable cause, the burden of proving which shall lie upon him, fail or refuse to supply any particulars or information which he is by or under this section required to supply or supply false particulars or information; or (b) advertise any ship for the conveyance of pilgrims, or offer to convey pilgrims by any ship, or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by any ship, without having first supplied the particulars required by sub-section (3) and in accordance with the provisions of that sub-section; or (c) advertise a price for passage tickets at the port or place in excess of the price communicated to the pilgrim officer under sub-section (3); or (d) offer to convey pilgrims by any ship from any port or place in India or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by a ship from any such port or place without having advertised as required by clause (a) of sub-section (5), the matters specified in that clause; or (e) sell or permit any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the pilgrim officer under sub-section (3)]


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