\ \ ll~ ,}i(o; ~, ~51t81  the merchant shipping (amendment) bill, 1981 a billfurther to amend the merc1wmt shipping act, 1958 be it enacted by parliament in the thirty-second year of the reptiblit: of india as follows:-1 this act may be called the merchant shipping (amend-short title ment) act, 1981 44 of 1958 adlh- of section 2l 5 2 in section 21 of the merchant shipping act, 1958 (hereinafter referred to as the principal act) ,-{i) in the opening portion, for the word "e1ther", the word i'any" shall be sul5!rtftuted; (ii) in clause (b), the word "or" shall be added at 10 the end; (iii) after claljse {b>, the following clause ijluill bt insetted,' 'nblm'ly:  "(c) a co-oper_tive society which ,atis6es r the following reqlare~euts,~e11:-2 of 1812 (i)' the' ea-openttive ,sbctety 1( l'ettjbteted o'f ~ed  to be reg'i~red u1l~r ~ o):o~ai!we ;g~e~ ~,'it12, -(it ; liny' bth'~w te!iftiii : to ~'opetdive "ciem~ tor: it1ie ~~)'p~, in '~ in any state;  (ii) every individual who is a member of the co-operative society and where any other cooperative society is a member thereof, every individual who is a member of such outer cooperative society, is a citizen of india" 5 amendment of section 25 3 in clause (e) of section 25 of the principal act, after the words "a company", the words "or a co-op,erative society" shall be inserted amendment of section 26 4 in section 26 of the principal act, after the words "a company" at both the places where they occ'l1r, the words "or in a co-operative society" shall be inserted  5 in section 29 of the principal act,-amendment of section 29 (i) in the opening portion, after the words "a company", the words "or a co-operative society" shall be inserted; is (ii) in clause (a), for the words, brackets, letter and figures "or in the case of a company, whether the company satisfies the requirements specified in clause (b) of section 21", the words, brackets, letters and figures "or in the case of a company or a co-operative society, whether 20 the company or the co-operative society satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21'· shall be substituted; (iii) in clause (d), after the words "the company", the words "or the co-operative society" shall be inserted 2s amendment of ~tioa45 6 in sub-section (2) of section 45 of the principal act, for the words, brackets, letter and figures "or any company which satisfles the requtrl'"ments specified in clause (b) of section 21''', the words, brackets, letters and figures nor any company or any co-operative society which satisfies the requirements 30 specified in clause (b) or, as the case may be, clause (c) of section 21" shall be substituted amendment of section 408 7 in sub-section (1) of section 406 of the principal act, after the words "or a company" at both the places where they occur, the words "or a co-operative society" shall be inserted 35 amendment :; 8 lnsub-sei:tion (1) pf section 407 of the principal act, for the words, brackets, letter and figures flor a company which ~tisfies the requirements specljled in clause (b) of section 21", ,t~ words,btacke~, letters and figures "or a company or a c0-operative ioc:iety which sat1aftes the requirements specified in 40 ,cla~e ,(b) or, as the case may be, clause (c) of section 21" shall be substituted amendment of ection 415 9 in section 415 of the principal act, for the words, brackets, letter and figures "or a company which satisfies the requirements specified in clause (b) of section 21", the words, brackets, letters and figures "or a company or a co-operative soclety which s satisfies the requirements specified in clause (b) or, 'as the case may be, clause (c) of section 21" shall be substituted amendment of section 431 , lo in sub-section (1) of section 431 of the principal act, for the words, brackets, letter and figures "or a company wh;ch satisfies the requirements specified in cla115e (b) of section 21", 10 the words, br~ckets, letters and figures "or a company or a co-operative society which s'8tisfies the requirements specified in ~l~use (b) or, as the case may be, clause (e) of section 21" shall be substituted amendment of section 441 11 in section 441 of the principal act, in clause (a) of the 15 explanation, for the, words - "company" includes a firm', the words - "company" includes a co-operative society, a firm' shall be substituted the pr~visions of ~he l'4erchant shipping ,act, 1958"dq, jlot pej:mit theacquisi'tion of an' indian ship by a co-o~x:ativ~ sq~~ty in ,the interest,s, of <:o-operative movement, particu~~ ly in the ba~kward areas, government feel that any leiai un~ , , pe{lliij~~t in the way of co-operative effoj;ts should be renlov~t;l this woujd also help ,co-operative socie~iest paruc~li, jp remote areas far away from mainland, to estabpsh sllpp}y4 marketing and distrih'llting system without depending on' any commercial shipping line the bid seeks to achieve the abo~e object new delhi; the 7th april, 1981 veerendra patil  (44 m-' 19k)- - - - z1 for the purpgses of this act, a ship shall not be deemed indian shipe to be an indian ship unless owned wholly by persons to each "of whom' either: of: the' fohowidg descriptions applim:-(4) a citizen of india; or (b) a company which satisfies the followitlg requirements, namely:-- - - - - (~~ the managing agents, if any, of tbeeompany are "ettti!ensof india or in any case whe1e a compafty is the ' ltumaging age:nt; the 'compally 'iiatisftes'1he requirements specified in sub-clauses (i)~ (iol, (ii'i) and '(itt) - - - - - is every tegistrar -shall keep' a book to t be callett thlf'~gis-register qoqk ter 'bookand entries in that book shah' be made 'in' accordaftee with" th~ 1ohowing' provisiors:-- - - - - (e) a company may be r,egistered as owner by its name ii '&1 applie8tion tor the' registry alan indian' ship shall application be madefor registry (a) in the 'case of an individual, by the person requiring to be registered as owner or by his agent; (b), in the ~ of more than, one individual req~iri1jg to be so r~gistel'ed, by sqm8 ·one or more of the persons so, nt<ijlir,ing or ,by hi& or their agqllt;, and (e) in the case of a company requlrihg'fo be so regfstered: by its agent; and theauth~rit~" oftq~ ~~~t shall be te!'tifie~ by, wii,ting, if appointed tiy ~ tndtv1dual, un~er thehattdqi the p'!rscm ~pto~tb)~: htin' &net;ff, ~ip~oin~ed' '''by a eomp'ii\y, mnt~  its commtm'seat "  declarauon of ownerahlp on 1'8iiau,21 a person shall not be registered as the owner of an indian ship or o'f a share therein until he or, in the case of a company, the person authorised by this act to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars: -(a) a statement whether he is or -is not a citizen of india; or in the case of a company, whether the company satisfies the requirements specified in clause (b) of section 21; - - - - - (d) the number of shares in the ship ill resped: of which he or the company, as the case may be, claims to be registered as owner; and - - - - - 45 (1) - - - - - | order    | tor    | sale    ||----------|--------|---------|| where    | ship   | has     || ceased   | to     |         || be       |        |         || an       | indian | ship   |(2) on receipt of such report, the central government may make an application to the high court for a direction for the sale to any citizen of india or any company which satisfies the requirements specified in clause (b) of section 21 of the property so transmitted - - - - - | indian    | ships     ||-----------|-----------|| and       | chartered || ahipe     |           || to        |           || be        |           || licensed |           |406 (1) no indian ship and no other ship chartered by a citizen of india or a company '3h'811 be taken to -sea from a port or place within or outside india except under a llcence granted by the director-general under this section: proviaed that the central government, if it is of op:nion 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 cbartered by a citizen of india or a company from· the pi'o'llision'3 of this sub-section - - - - licensing ot shipb for coasting trade 407 (1) no ship other than an indian ship or a sh'p chartered by a citizen of india or a company which satisfies the requirements specified in clause (b) of section ~1, 'shall engage in the coasting trade' of india except under a licence granted by the director-general under this section - - - - - appucation of part 415 save as otherwise provided, this part app1:,s to every sea-going sailing vessel owned by a citizen of ind:lar 0, fl c:pqjpany which satisfies the requtrements specl1led in clauiht (b)~t section 2 1  '  "':  - - - - - 431 (1) a sailing vessel not owned by a citizen of india or a company which satisfies the requirements specified in clause (b) of section 21, shall not engage in the coasting trade of india without the written permission of the director-general, noll-indian sailing vell not to enpfe in coutidg trade without permli8iog - - - - - offences by companies 441 (1) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, sh'8ll be deemed to be guilty of the offence and shall be liable to be proceedea against and punished accordingly: provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the comrl!ission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other oftlcer of the company, such director, manager, secretary or other officer shall also be deemed to be gutny of tliat offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) "company" includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm - - - - -  a bill1urther to amend the merchant shipping act,; u l "  , (shri vee""'a patiz, miniltefo of shipping grci tf'ciiiipor't) 