Section 352Y
Extinguishment of claims.
The Merchant Shipping Act, 1958
About this Act
An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board to provide for the registration, certification, safety and security of Indian ships and generally to amend and consolidate the law relating to merchant shipping.
1[352Y. Extinguishment of claims.--Notwithstanding anything contained in any other law for the
time being in force, no action to enforce a claim against the Fund under this Part shall be entertained
by a High Court unless--
(a) the action to enforce is commenced; or
(b) notice of action to enforce a claim against the owner or his guarantor in respect of the same pollution damage is given to the Fund,
within three years from the date when the damage occurred:
Provided that in no case an action to enforce a claim shall be brought after six years from the date of the incident that caused such damage.]
(a) the action to enforce is commenced; or
(b) notice of action to enforce a claim against the owner or his guarantor in respect of the same pollution damage is given to the Fund,
within three years from the date when the damage occurred:
Provided that in no case an action to enforce a claim shall be brought after six years from the date of the incident that caused such damage.]
Notes
1. Ins. by s. 27, ibid. (w.e.f. 1-2-2993).