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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The
following provisions shall have effect with respect to every agreement made in India with the crew of
an Indian ship, namely:--
(a) the agreement shall, subject to the provision of this Act as to substitute, be signed by each seaman in the presence of a shipping master; (b) the shipping master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature; (c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship; (d) when a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are within twenty-four hours of the ship's putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, if practicable, be made before a shipping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute; and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature. (2) In the case of an agreement made in India with the crew of a foreign-going Indian ship the following provisions shall have effect in addition to the provisions specified in sub-section (1), namely:-- (a) the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made are in this Act referred to as running agreements; (b) a running agreement may be made to extend over two or more voyages so that it shall terminate either within six months from the date on which it was executed, or on the first arrival of the ship at her port of destination in India after the expiration of that period, or on the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest: Provided that no such running agreement shall continue in force, if, after the expiration of such period of six months as aforesaid, the ship proceeds on a voyage from a port outside India to any other such port which is not on the direct route or a customary route to her port of destination in India; (c) on every return to a port in India before the final termination of a running agreement, the master shall discharge or engage before the shipping master at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement (as the case may be) either that no such discharges or engagements have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law; (d) the master shall deliver the running agreement so endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorsement and return the agreement to the master. (3) In the case of an agreement made in India with the crew of a home-trade Indian ship of two hundred tons gross or more, the following provisions shall have effect in addition to the provisions specified in sub-section (1), namely:-- (a) the agreement shall not be for a period longer than six months, but if the period for which the agreement was entered into expires while the ship is not in an Indian port, the agreement shall continue in force until the ship is again in an Indian port: Provided that, except with the consent in writing of the seaman concerned, the agreement shall not continue in force for more than three months after the expiration of the period for which it was entered into; (b) an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master, and the provisions of this Act with respect to the making of the agreement shall apply accordingly. | ||||||||||||||||
Related Section(s)1[2[7A. Registration of Overseas Citizen of India Cardholder.--(1) The Central Government
may, subject to such conditions, restrictions and manner as may be prescribed, on an application made
in this behalf, register as an Overseas Citizen of India Cardholder--
(a) any person of full age and capacity,-- (i) who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or (ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or (iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a); or (c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or (d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section. (2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders. Explanation.--For the purposes of this sub-section, "Persons of Indian Origin Cardholders" means the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard. (3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder]
1. Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004).
2. Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)1[2[7A. Registration of Overseas Citizen of India Cardholder.--(1) The Central Government
may, subject to such conditions, restrictions and manner as may be prescribed, on an application made
in this behalf, register as an Overseas Citizen of India Cardholder--
(a) any person of full age and capacity,-- (i) who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or (ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or (iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a); or (c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or (d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section. (2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders. Explanation.--For the purposes of this sub-section, "Persons of Indian Origin Cardholders" means the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard. (3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder]
1. Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004).
2. Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015). | ||||||||||||||||
Related Section(s)1[2[7A. Registration of Overseas Citizen of India Cardholder.--(1) The Central Government
may, subject to such conditions, restrictions and manner as may be prescribed, on an application made
in this behalf, register as an Overseas Citizen of India Cardholder--
(a) any person of full age and capacity,-- (i) who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or (ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or (iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a); or (c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or (d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India: Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section. (2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders. Explanation.--For the purposes of this sub-section, "Persons of Indian Origin Cardholders" means the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard. (3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder]
1. Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004).
2. Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The following enactments shall stand repealed on and from the dates
the notification referred to in sub-section (2) of section 1 is issued, namely:---
(a) The Factories Act, 1948 (63 of 1948); (b) The Plantations Labour Act, 1951 (69 of 1951); (c) The Mines Act, 1952 (35 of 1952); (d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958); (f) The Motor Transport Workers Act, 1961 (27 of 1961); (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966); (h) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970); (i) The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979); (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981); (l) The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986); (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996). (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by this Code, shall be deemed to have been appointed under this Code for such purposes under this Code. (3) Notwithstanding repeal under sub-section (1), anything done or any action taken under the enactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment, order or direction made there under) shall be deemed to have been done or taken under the corresponding provisions of this Code and shall remain in force to the extent they are not contrary to the provisions of this Code till they are repealed by the Central Government. (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. | ||||||||||||||||
Related Section(s)(1) The following enactments shall stand repealed on and from the dates
the notification referred to in sub-section (2) of section 1 is issued, namely:---
(a) The Factories Act, 1948 (63 of 1948); (b) The Plantations Labour Act, 1951 (69 of 1951); (c) The Mines Act, 1952 (35 of 1952); (d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958); (f) The Motor Transport Workers Act, 1961 (27 of 1961); (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966); (h) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970); (i) The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979); (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981); (l) The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986); (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996). (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by this Code, shall be deemed to have been appointed under this Code for such purposes under this Code. (3) Notwithstanding repeal under sub-section (1), anything done or any action taken under the enactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment, order or direction made there under) shall be deemed to have been done or taken under the corresponding provisions of this Code and shall remain in force to the extent they are not contrary to the provisions of this Code till they are repealed by the Central Government. (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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