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Merchant Shipping Act,1958

Act No : 44


Section : Repeals and savings.

1*461. Repeals and savings. (1) The enactments specified in Part I of the Schedule are hereby repealed to the extent specified in the fourth column thereof. (2) The enactments specified in Part II of the Schedule, in so far as they extend to and operate as part of the law of India, are hereby repealed. (3) Notwithstanding the repeal of any enactment by sub-section (1) or sub-section (2),-- (a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the corresponding provisions of this Act; (b) any officer appointed and any body elected or constituted under any enactment hereby repealed shall continue and shall be deemed to have been appointed, elected or constituted, as the case may be, under this Act; (c) any document referring to any enactment hereby repealed shall be construed as referring to this Act or to the corresponding provision of this Act; (d) any fine levied under any enactment hereby repealed may be recovered as if it had been levied under this Act; (e) any offence committed under any enactment hereby repealed may be prosecuted and punished as if it had been committed under this Act; (f) sailing vessels registered under any enactment hereby repealed shall be deemed to have been registered under this Act; ---------------------------------------------------------------------- 1 So much of s. 461 and Part I of the Schedule as relate to the Control of Shipping Act, 1947, came into force w.e.f. 1st April, 1960, see footnote 2 at p. 407. 627 (g) mortgages of ships recorded in any register book maintained at any port in India under any enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this Act; (h) any licence, certificate of competency or service, certificate of survey, A or B certificate, safety certificate, qualified safety certificate, radio telegraphy certificate, radio telephony certificate, safety equipment certificate, exemption certificate, international or Indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this Act shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document, as the case may be. (4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, (10 of 1897.) with regard to the effect of repeals.


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