Delegation of powers by the central government
Published vide Notificatin S.O. 3144, dated 17th December, 1960.
Act2432
S.O. 3144, dated 17th December, 1960. - In exercise of the powers conferred by sub-section (2) of section 7 of the Merchant Shipping Act, 1958 (44 of 1958), and in supersession of all previous orders on the subject, the Central Government hereby directs that the power, authority or jurisdiction exercisable by it under or in relation to any of the provisions of the said Act specified below shall with effect from the 1st January, 1961 be exercisable also by the Director-General of Shipping, provided that the power to give prior approval to the transfer of any Indian ship or sailing vessel shall not be exercisable by the Director-General in cases where the transferee is not a citizen of India or a company satisfying the requirements of clause (b) of section 21 of the said Act, namely:—
Provisions of the Merchant Shipping Act, 1958 (44 of 1958)
| Section | Section | Section | Section |
| 3 7(b)(i) | 206 | 287(1) | 332(3) |
| 39(2) | 210 | 297 | 332(4) |
| 41 | 222 | 298(2) | 335(2) |
| 42(1) | 224 | 299 | 336(1)(a) |
| 79(2) | 225(1) | 300 | 340 |
| 81 | 226 | 301 | 343(1) |
| 83 | 227(l)(c) | 302 | 358(2) |
| 228 | 303(3) | 360 |
B. Functions of an Indian Consular Officer under Part VII of the Merchant Shipping Act, 1958.
|
S.No. |
Section of the Merchant Shipping Act, 1958 |
Nature of duty | |
|
1 |
101(3) |
.. |
Settlement of disputes between the master, owner or agent of a ship and a seamen in respect of any matter touching the agreement with the crew. |
|
2 |
108(b) |
.. |
Giving consent to an erasure interlineation or alteration in an agreement with the crew. |
|
3 |
116 |
.. |
Giving of sanction for the engagement of a seaman at a port outside India by the master of an Indian ship and endorsement on the agreement with crew. |
|
4 |
124 |
.. |
Taking consent of seaman or apprentice to complete the voyage in an Indian ship which has been transferred or disposed of while she is at or on a voyage to any port outside India. |
|
5 |
153 |
.. |
Receiving of report of death of seaman or apprentice and requiring, if necessary, that the property of the deceased be handed over to him. |
|
6 |
155 |
.. |
Claiming and taking charge of the property of a seaman or apprentice engaged at a port in India or an Indian ship and who dies on shore abroad. |
|
7 |
156(1) and (3) |
.. |
Selling of property, if necessary, of deceased seaman or apprentice and remission thereof and of account to the shipping master at the port of engagement. |
|
8 |
161 to 166 |
.. |
Matters relating to distressed seamen. |
|
9 |
174(4) |
.. |
Satisfying himself as to the reasonableness of expenses incurred in connection with illness of master, seaman or apprentice as deductible from wages. 1[* * * * *] |
|
2[10] |
198(1) |
.. |
Making certifying a copy of a log entry relating to desertion. |
|
2[11] |
202(1)(b) |
.. |
Endorsing an entry relating to deduction of a fine from the wages of a seaman discharged at his port with his consent. |
[Min. of Transport No. 4-MT (39)/62.]
[Gazette of India, 1964, Part II, Section 3 (ii), p. 3809.].
