The Merchant Shipping Act, 1958

Section 2. If any person contravenes section 426. 426 Fine which may extend to five hundred rupees

In force · As amended up to 2026-08

132. If any person contravenes section 426. 426 Fine which may extend to five hundred rupees. 2. Sub-clause (ii) omitted by Act 33 of 1986, s. 4 (w.e.f. 14-8-1986). 3. The words 'or service" omitted by s. 4, ibid . (w.e.f. 14-8-1986). 4. The words "or Indian Naval ship" omitted by s. 4, ibid. (w.e.f. 14-8-1986). stated in the application justify the exemption sought for, he shall, by order, exempt such person from the requirements of those sub-sections. (2) The Director-General may, either on own motion or on an application made by any person referred to in section 87B, by order in writing, exempt such person from the requirements of sub-sections (1) and (2) of that section, if the Director-General is satisfied― referred to in section 87B, by order in writing, exempt such person from the requirements of (a) that it is necessary so to do for compliance with any request made by the Government of any foreign country to make available the services of Indian personnel for meeting shortage of qualified personnel in its ships or shore establishments, or for compliance with any request made by any agency of the United Nations Organisation for making available Indian personnel for providing consultancy services on its behalf in technical co-operation or technical assistance programme in any country; or (b) that such person is likely to suffer undue hardship if he is not so exempted. (3) An application for exemption under sub-section (1) or sub-section (2) shall set out clearly all the particulars on the basis of which such exemption is applied for. (4) Every such application shall be disposed of by the Director-General as expeditiously as possible and where the Director-General refuses to grant the exemption applied for, he shall record his reasons therefore and communicate the same to the applicant. (5) Where, within a period of forty-five days of the date of receipt of any such application, the Director-General does not refuse to grant the exemption applied for, or does not communicate the refusal to the applicant, the Director-General shall be deemed to have granted the exemption applied for. (6) Where the Director-General refuses to grant the exemption applied for, the applicant may prefer an appeal against such refusal to the Central Government within thirty days of the receipt of the order of the Director-General refusing the exemption and the Central Government may make such orders as it deems fit: Provided that the Central Government may admit any appeal after the expiry of the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time: Provided further that no order confirming the order of the Director-General shall be made under this sub-section without giving the appellant an opportunity to represent his case. 2. If a person willfully makes a false statement in 30 Fine which may the builder's certificate referred to in section 30. extend to one thousand rupees. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:― (a) the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches[3] [by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.] 1. Ins. by Act 13 of 1987, s. 7 (w.e.f. 1-7-1989). 2. Subs. by s. 8, ibid ., for section 87(w.e.f. 1-7-1989).

Source: India Code

How this section changed

  1. omitted by Act 33 of 1986, s. 4

    In force from 14 Aug 1986

    Footnote: 3. The words 'or service" omitted by s. 4, ibid . (w.e.f. 14-8-1986).