Section 411A:
Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention.
1[411A. Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention.]--(1) If it appears to the Central Government--
(a) that measures have been taken by or under the law of any foreign country for regulating or
controlling the terms or conditions upon which goods or passengers may be carried by sea, or the
terms or conditions of contracts or arrangements relating to such carriage; and
(b) that such measures, in so far as they apply to things done or to be done outside the
territorial jurisdiction of that country by persons carrying on lawful business in India, constitute
an infringement of the jurisdiction which belongs to India,
it may, by an order in writing, direct that this section shall apply to those measures either in whole or
to such extent as may be specified in the order.
(2) Where an order issued under sub-section (1) is in force in relation to any measures, it shall be
the duty of every person in India who carries on business consisting or comprising of the carriage of
goods or passengers by sea to give notice to the Central Government of any requirement or
prohibition imposed or threatened to be imposed on him pursuant to such measures so far as this
section applies to him, including any requirement to submit any contractor other document for
approval thereunder.
(3) Where a notice under sub-section (2) is received from any person or there are grounds to
believe that a notice is likely to be received; the Central Government may, by an order in writing, give
to such person directions prohibiting compliance with any such requirement or prohibition as it
considers proper for maintaining the jurisdiction of India.
(4) Any directions given by the Central Government under sub-section (3) may be either general
or special and may prohibit compliance with any requirement or prohibition either absolutely or in
such cases or subject to such conditions, as to consent or otherwise, as may be specified in the order.
(5) If it appears to the Central Government that any person in India has been or may be required to
produce or furnish to any court, tribunal or authority of a foreign country any commercial document
which is not within the territorial jurisdiction of that country or any commercial information to be
compiled from documents not within the territorial jurisdiction of that country and that the
requirement constitutes or would constitute an infringement of the jurisdiction which belongs to India,
the Central Government may, by an order in writing, give directions to that person, prohibiting him
from complying with the requirement except to such extent or subject to such conditions as may be
specified in the order.
Notes:
1 Ins. by Act 12 of 1983, s. 12 (w.e.f. 18-5-1983).