Section 42 of The Coastal Shipping Act, 2025 in hindi
- (1)Part XIV of the Merchant Shipping Act, 1958 (44 of 1958) (herein referred to as Part XIV of the said Act), except section 411A thereof, is hereby repealed.
- (2)Notwithstanding such repeal,---
- (a)any rule, regulation, bye-law, order, notification or exemption made, issued or granted under Part XIV of the said Act shall, until revoked, have effect as if it had been made, issued or granted under the provisions of this Act;
- (b)any licence granted or issued under Part XIV of the said Act shall, until it is revoked or expires, have effect as if it had been issued or granted under the provisions of this Act;
- (c)any office established or created, officer or person appointed and any body elected or constituted under Part XIV of the said Act shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this Act;
- (d)any document referring to Part XIV of the said Act shall be construed as referring to this Act;
- (e)any fine levied under Part XIV of the said Act may be recovered as if it had been levied under this Act;
- (f)any offence committed under Part XIV of the said Act may be prosecuted and punished as if it had been committed under this Act;
- (g)any proceeding pending before any court under Part XIV of the said Act may be tried or disposed of under the corresponding provisions of this Act;
- (h)any inspection, investigation or inquiry ordered to be done under the provisions of Part XIV of the said Act shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
- (3)Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply with regard to the effect of repeal.
Summary
- This Act repeals Part XIV of the Merchant Shipping Act, 1958, except for Section 411A of that Act which remains active.
- Any rules, regulations, bye-laws, orders, notifications, or exemptions made under the repealed Part XIV will continue to have effect as if they were made under this new Act, unless they are officially revoked.
- Existing licences granted under the old Part XIV remain valid until they expire or are revoked, acting as if they were issued under this new Act.
- Offices, officers, appointments, and elected or constituted bodies under the old Part XIV will continue to exist and be treated as if they were created under this new Act.
- Old references in documents to Part XIV will now be read as referring to this new Act, and old fines, offences, pending court cases, and investigations will continue under this new Act.
- The standard legal rules of repeal found in Section 6 of the General Clauses Act, 1897, apply to this repeal to ensure smooth transition.
Practical examples
FAQ
1. What exactly is repealed by Section 42?
Part XIV of the Merchant Shipping Act, 1958, is repealed, except for Section 411A of that Act, which is saved and not repealed.
2. What happens to a licence that was issued under the old law?
Any licence issued under the old Part XIV continues to be valid as if it had been issued under the new Act, until it expires or is revoked.
3. Do old rules and exemptions continue to exist under the new Act?
Yes, any rule, regulation, order, notification, or exemption granted under the repealed Part XIV remains in effect as if made under the new Act, until it is revoked.
4. How does this Act handle pending court cases that started under the old law?
Any court proceeding pending under the old Part XIV will not be cancelled; it will continue and be tried or disposed of under the corresponding provisions of this new Act.
Test yourself
Q1.Under Section 42 of The Coastal Shipping Act, 2025, which specific part of the Merchant Shipping Act, 1958, is repealed?
Q2.Under Section 42 of The Coastal Shipping Act, 2025, what happens to an active license that was granted under the now-repealed Part XIV of the Merchant Shipping Act, 1958?
Q3.Under Section 42 of The Coastal Shipping Act, 2025, how are pending court cases that were initiated under the old Part XIV of the Merchant Shipping Act, 1958, handled?
Q4.Under Section 42 of The Coastal Shipping Act, 2025, what additional law is cited to govern the overall transition and effects of this repeal?