In force · As amended up to 2026-08
PART XVIII
REPEALS AND SAVINGS
461. Repeals and savings .―(1) The enactments specified in Part I of the Schedule are hereby repealed to the extent specified in the fourth column thereof.
(2) The enactments specified in Part II of the Schedule, in so far as they extend to and operate as part of the law of India, are hereby repealed.
(3) Notwithstanding the repeal of any enactment by sub-section (1) or sub-section (2),―
(a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the corresponding provision of this Act;
(b) any officer appointed and anybody elected or constituted under any enactment hereby repealed shall continue and shall be deemed to have been appointed, elected or constituted, as the case may be, under this Act;
(c) any document referring to any enactment hereby repealed shall be construed as referring to this Act or to the corresponding provision of this Act;
(d) any fine levied under any enactment hereby repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under any enactment hereby repealed may be prosecuted and punished as if it had been committed under this Act;
(f) sailing vessels registered under any enactment hereby repealed shall be deemed to have been registered under this Act;
(g) mortgages of ships recorded in any register book maintained at any port in India under any enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this Act;
(h) any licence, certificate of competency or service, certificate of survey, A or B certificate, safety certificate, qualified safety certificate, radio telegraphy certificate, radio telephony
1. Subs. by Act 25 of 1970, s.19, for section 460A (w.e.f.19-12-1970).
certificate, safety equipment certificate, exemption certificate, international or Indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this Act shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document, as the case may be.
(4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeals.
THE SCHEDULE
ENACTMENTS REPEALED
PART I
[ See section 461 (1)]
|Year|No.|Short title||Extent of repeal|
|---|---|---|---|---|
|1838|19|The Coasting Vessels Act, 1838.||In so far as it applies to sea-going ships|
|||||fitted with mechanical means of propulsion|
|||||and to sailing vessels.|
|1841|10|The Indian Registration of Ships Act,||The whole.|
|||1841|||
|1850|11|The Indian Registration of Ships Act||The whole.|
|||(1841) Amendment Act, 1850.|||
|1923|21|The Indian Merchant Shipping|Act,|The whole.|
|||1923.|||
|1946|21|The Merchant Seamen (Litigation)||The whole.|
|||Act, 1946.|||
|1947|26|The Control of Shipping Act, 1947.||The whole.|
|1949|18|The<br>Merchant<br>Shipping<br>Laws<br>(Extension to Acceding States and||The whole.|
|||Amendment)Act,1949.|||
PART II
[ See section 461 (2)]
Year Short title
- 1823 Lascars Act (4 Geo. 4 c. 80).
- 1894 Merchant Shipping Act (57 and 58 Vict., c. 60).
- 1897 Merchant Shipping Act (60 and 61 Vict., c. 59).
- 1898 Merchant Shipping (Liability of Ship-owners) Act (61 and 62 Vict., c. 14).
- 1898 Merchant Shipping (Mercantile Marine Fund) Act (61 and 62 Vict., c. 44).
- 1900 Merchant Shipping (Liability of Ship-owners and others) Act (63 and 64 Vict., c. 32).
- 1906 Merchant Shipping Act (6 Edw. 7, c. 48).
- 1907 Merchant Shipping Act (7 Edw. 7, c. 52).
- 1911 Merchant Shipping (Seamen's Allotment) Act (1 and 2 Geo. 5, c. 8).
- 1911 Merchant Shipping Act (1 and 2 Geo. 5, c. 42).
- 1911 Maritime Conventions Act (1 and 2 Geo. 5, c. 57).
- 1914 Merchant Shipping (Certificate) Act (4 and 5 Geo. 5, c. 42).
- 1916 Merchant Shipping (Salvage) Act (6 and 7 Geo. 5, c. 41).
|Year|||Short title|
|---|---|---|---|
|1919|Merchant|Shipping|(Wireless Telegraphy) Act (9 and 10 Geo. 5, c. 38).|
|1921|Merchant|Shipping|Act (11 and 12 Geo. 5, c. 28).|
|1923|Merchant|Shipping|Act (Amdt.) Act (13 and 14 Geo. 5, c. 40).|
|1925|Merchant|Shipping|(Equivalent Provisions) Act (15 and 16 Geo. 5, c. 37).|
|1932|Merchant|Shipping|(Safely and Load Line Conventions) Act (22 and 23 Geo. 5, c. 9).|
|1936|Merchant|Shipping|(Carriage of Munitions to Spain) Act (1 Edw. 8 and 1 Geo. 6, c. 1),|
|1937|Merchant|Shipping|(Spanish Frontiers Observation) Act (1 Edw. 8 and 1 Geo. 6, c. 19).|
|1937|Merchant|Shipping|Act (1 Edw. 8 and 1 Geo. 6, c. 23).|
|1937|Merchant|Shipping|(Superannuation Contributions) Act (1 Geo. 6, c. 4).|
|1940|Merchant|Shipping|(Salvage) Act (3 and 4 Geo. 6, c. 43).|
Source: India Code