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1[Part XA

Limitation of Liability

352. Definitions.-

In this Part, unless the context otherwise requires,-

(a) "claim" means a personal claim or property claim;

2[(b) "Convention" means the Convention on Limitation of Liability for Maritime Claims, 1976 as amended from time to time;]

(c) "Fund", in relation to a vessel, means the limitation Fund constituted under section 352C;

(d)"liability", in relation to owner of a vessel, includes liability of the vessel herself;

(e)"occurrence" means an occurrence referred to in sub-section (1) of section 352A;

(f)"personal claim" means a claim resulting from loss of life or personal injury;

(g) "property claim" means any claim other than a personal claim arising from an occurrence.

3[(h) "salvor" means any person rendering services in direct connection with salvage operations.

Explanation.-For the purpose of this clause, "salvage operations" includes-

(i) the raising, removal, destruction or the rendering a ship harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such ship;

(ii) the removal, destruction or rendering the cargo of a ship harmless; and

(iii) the measures taken to avert or minimise loss to a ship or its cargo or both;

(i) "ship owner" means owner, charterer, manager,'and operator of a sea going ship;

(j) "Special Drawing Rights" means Special Drawing Rights as determined by the International Monetary Fund.]

Merchant Shipping (Amendment) Act, 1986 Back

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