section 323
Power of Central Government to protect interest of Indian Shipping
The Merchant Shipping Act, 2025Infrastructure2025327 sections
Part XV MISCELLANEOUS
Statutory text
- (1) The Central Government may, by order in writing, specify that the provisions of this section shall apply to measures taken by any other country for regulating the terms and conditions upon which goods or passengers may be carried by sea, which constitute an infringment of the jurisdiction of India, in so far as they apply to--
- (a) things done or to be done outside the territorial jurisdiction of that country; and
- (b) persons carrying on lawful business in India.
- (2) Where an order issued under sub-section (1) is in force, every person who is subject to such measures taken by another country shall inform the Central Government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures in such form and manner as may be prescribed. Explanation.--For the purposes of this sub-section, "requirement" includes any requirement to submit any contract or other document for approval thereunder.
- (3) Where any information under sub-section (2) is received from any person, or there are grounds to believe that such information is likely to be received, the Central Government may, by an order in writing, give to such person directions prohibiting compliance with any such measure as it considers necessary.
- (4) The Central Government may, by an order in writing, prohibit or restrict any person from complying with the requirement to produce any commercial document or information compiled from commercial documents, to a court of another country, if it appears to the Central Government that such document is not within the territorial jurisdiction of that country, and constitutes or may constitute an infringement of the jurisdiction of India.
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