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Merchant Shipping Act,1958

Act No : 44


Section : Power to make rules in respect of matters in this Part.

74. Power to make rules in respect of matters in this Part. (1) The Central Government may make rules to carry out the purposes of this Part. 439 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement; (b) the recognition for the purpose of ascertaining the tonnage of any ship or for any other purpose, of any tonnage certificate granted in respect of any ship in any country outside India, the tonnage regulations of which are sub-stantially the same as the tonnage rules made by the Central Government, including the conditions and restrictions subject to which such recognition may be granted; (c) the manner in which surveys of ships shall be conducted and the form of certificates of surveying officers; (d) the manner in which ships shall be marked; (e) the form in which any document required by this Part shall be prepared and the particulars which it should contain; (f) the persons by whom and the authorities before which any declaration required by this Part shall be made and the circumstances in which any such declaration may be waived and other evidence accepted; (g) the form of the instrument creating a mortgage on a ship or share or transferring a mortgage; (h) the returns that shall be made by registrars to the Director-General or to such other authority as the Central Government may appoint and the form in which and the intervals within which such returns shall be made; (i) the procedure for the registration, marking or alteration of the names of Indian ships; 1*[(j) the fees that may be levied for the survey or inspection of any ship for the purposes of registration and the manner in which such fees may be collected;] (k) the manner in which registrars and other authorities may exercise their powers under this Part or maintain their books and other registers; (l) the manner in which ships belonging to the Government, to which the provisions of this Act may be made applicable under section 73, may be registered; (m) any other matter which may be or is to be prescribed. --------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 5for cl. (j). 440


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