Act Number: 44

Act Name: The Merchant Shipping Act, 1958

Year: 1958

Enactment Date: 1958-10-30

Long Title: 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.

Ministry: Ministry of Shipping

Department:

Section 352: Definitions.
    1[352. Definitions.--In this Part, unless the context otherwise requires,--
         (a) "claim" means a personal claim or property claim;
         2[(b) "Convention" means the Convention on Limitation of Liability for Maritime Claims, 1976 as amended from time to time;]
         (c) "Fund", in relation to a vessel, means the limitation Fund constituted under section 352C;
         (d)"liability", in relation to owner of a vessel, includes liability of the vessel herself;
         (e)"occurrence" means an occurrence referred to in sub-section (1) of section 352A;
         (f)"personal claim" means a claim resulting from loss of life or personal injury;
         (g) "property claim" means any claim other than a personal claim arising from an occurrence.
         3[(h) "salvor" means any person rendering services in direct connection with salvage operations.
        Explanation.--For the purpose of this clause, "salvage operations" includes--
             (i) the raising, removal, destruction or the rendering a ship harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such ship;
             (ii) the removal, destruction or rendering the cargo of a ship harmless; and
             (iii) the measures taken to avert or minimise loss to a ship or its cargo or both;
         (i) "ship owner" means owner, charterer, manager,'and operator of a sea going ship;
         (j) "Special Drawing Rights" means Special Drawing Rights as determined by the International Monetary Fund.]
Notes:
1. Subs. by Act 25 of 1970, s. 16, for section 352 (w.e.f. 15-9-1972).
2. Subs. by Act 63 of 2002, s. 16, for clause (b) (w.e.f. 1-2-2003).
3. Ins. by s. 16, ibid. (w.e.f. 1-2-2003).
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