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405.
Application of Part-- This part applies only to sea-going ships
fitted with mechanical means of propulsion of not less than one
hundred and fifty tons gross; but the Central Government may, by
notification in the Official Gazette, fix any lower tonnage for
the purpose of this Part.
406.
Indian ships and Chartered ships to be licensed-- (1) No Indian
ships and no other ship chartered by a citizen of India or a company
[or a co-operative society] shall be taken to sea from a port or
place within or outside India except under a licence granted by
the Director-General under this section.
Provided
that the Central Government, if it is of opinion that it is necessary
or expedient in the public interest so to do, may, by notification
in the Official Gazette, exempt any class of ships chartered by
a citizen of India or a company [or a co-operative society] from
the provisions of this sub-section.
(2)
A licence granted under this section may be--
(a) a general licence;
(b) a licence for the whole or any part of the coasting trade of
India; or
(c) a licence for a specified period or voyage.
(3) A licence granted under this section shall be in such form and
shall be valid for such period as may be prescribed, and shall be
subject to such conditions as may be specified by the Director -General.
407.
Licensing of ships for coasting trade-- (1) No ships other than
an Indian ship or a ship chartered by a citizen of India [or a company
or a co-operative society which satisfies the requirements specified
in clause (b) or, as the case may be, clause (c) of section 21],
shall engage in the coasting trade of India except under a licence
granted by the Director-General under this section.
(2)
A licence granted under this section may be for a specified period
or voyage and shall be subject to such conditions as may be specified
by the Director-General.
(3)
The Central Government may, by general or special order, direct
that the provisions of sub-section (1) shall not apply in respect
of any part of the coasting trade of India or shall apply subject
to such conditions and restrictions as may be specified in the order.
408.
Revocation or modification of licence-- (1) The Director-General
may, at any time if the circumstances of the case so require, revoke
or modify a licence granted under section 406 or section 407.
(2)
No licence shall be revoked or modified under this section unless
the perosn concerned has been given a reasonable opportunity of
making a representation against such revocation or modification,
as the case may be.
409.
License to be surrendered when they cease to be valid-- When a licence
under section 406 or section 407 ceases to be valid, the person
to whom it was granted shall, without unreasonable delay, return
it or cause it to be returned to the Director-General.
410.
No port clearance until licence to produced-- No customs collective
shall grant a port clearance to a ship in respect of which a licence
is required under this Part until after pproduction by the owner,
master or agent of such a licence.
411.
Power to give directions-- The Director-General may, if he is satisfied
that in the public interest or in the interests of Indian shipping
it is necessary so to do, give, by order in writing, such directions
as he thinks fit--
(a) in the case of a ship which has been granted a licence under
section 406, with respect to all or any of the following matters:--
(i) the ports or places, whether in or outside India, to which,
and the routes by which, the ship shall proceed for any particular
purpose;
(ii) the diversion of any ship from one route to another for any
particular purpose;
(iii) the classes of passengers or cargo which may be carried in
the ship;
(iv) the order of priority in which passengers or cargo may be taken
on or put off the ship at any port or place, whether in or outside
India;
(b) in the case of a ship which has been granted a licence under
section 407 with respect to the order of priority in which passengers
or cargo may be taken on the ship at any port or place in India
from which she is about to proceed for any port or place on the
continent of India at which she is to call in the course of her
voyage.
[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) t hat 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 to
be done outside the territorial jurisdiction of the country by persons
carrying on lawful business in India, constitute an infringement
of the hurisdiction 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 contract or 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 prooper 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 complied from documents not
within the territorial jurisdiction of that country and that the
requirement constitutes or would constitute 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.]
* * * * * * * * * * *
413.
Power of Director-General to call for information-- The Director-
General may, by notice, require--
(a) the owner, mastr or agent of any ship in respect of which a
licence granted by the Director-General under this Act is in force;
or
(b) the owner, master or agent of any ship in respect of which any
directions have been or may be given under clause (b) of section
411;
to furnish within the period specified in the notice information
as to--
(i) the classes of passengers and cargo which the ship is about
to cary or is capable of carrying or has carried during any specified
period;
(ii) the rates of passengers fares and freight charges applicable
to the ship;
(iii) any other matter which may be prescribed.
414.
Power to make rules-- (1) The Central Government may make rules
for carrying out the purposes of this Part.
(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 in which, the period or voyage for which, and the conditions
subject to which licences under this Part may be granted, the particulars
to be included therein and the fees payable therefor;
(b) and
(c) ommitted by the Act 68 of 1993* * * * * ** * * * *
(d) the matters regarding which information may be required to
be furnished under section 413

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