PART VII

88. Power to classify seamen

Shipping masters

89. Duties of shipping masters

90. Fees to be paid

Apprenticeship to the sea service

91. Assistance for apprenticeship to sea service

92. Special provisions as to apprenticeship to the service

93. Manner in which contract is to be recorded

94. Production of contract to authorised person before voyage in ship

Seamens employment offices

95. Business of seamens employment offices

96. Supply or engagement of seamen in contravention of Act is prohibited.

97. Receipt of remuneration from seamen for shipping them prohibited Engagement of seamen

98. Qualification for, and medical examination of, seamen

99. Prohibition of engagement of seamen in Indian port without discharge certificate

100. Agreements with crew

101. Form and contents of the agreement

102. Engagement of seamen where agreement is made out of India

103. Special provisions with regard to agreements with crew of Indian ship

104. Renewal of running agreements in certain cases

105. Changes in crew to be reported

106. Certificate as to agreement with crew

107. Copy of agreement to be made accessible to the crew

108. Alteration in agreement with the crew

Employment of young persons

109. Employment of children

110. Engagement of young persons as trimmers or stokers

111. Medical examination of young persons

112. Maintenance of list or register of young persons in a ship

113. Power to make rules respecting employment of young persons

Engagement of seamen by masters of ship other Indian ships

114. Engagements between seamen and masters of ship other than Indian ship

115. Power to prohibit engagement of person as seamen

116. Engagement of seamen outside India for Indian ship

117. Power to board ship and master seamen

Discharge of Seamen

118. Dischare of before Shipping Master

119. Certificate of Discharge

120. Certificate as to work of seamen

121. Discharge and leaving behind of seamen by masters of Indian ships

122. Wages and other property of seamen or apprentice left behind

123. Repatriation of seamen on termination of service at foreign port.

124. Discharge of seamen on change of ownership

Payment of Wages

125. Master to deliver account of wages

126. Disrating of seamen

127.Deductions from wages of seamen

128.Payment of wages before shipping master

129.Time of payment of wages

130.Settement of wages

130A.Certain undisbursed amount to be untilised for welfare of seamen

131. Master to give facilities to seamen for remitting wages

132. Decision of questions by shipping master

133. Power of shipping master to require production of ships papers

134. Rule as to payment to seamen in foreign currency

Advance and allotment of wages

135. Advance of wages

136. Allotment notes respecting seamens wages

137. Commencement and payment of sums allotted

138. Right to wages and provision

138 A. Working hours of Seamen

139. Right to recover wages and salvage not to be forfeited

140. Wages on termination of service by wreck, illness, etc.

141. Wages on termination of service by wreck, illness, etc.

142. Wages not to accrue during absence without leave refusal to work or imprisonment

143. Compensation to seamen for premature discharge

144. Restriction on scale of and change upon wages

Mode of recovering wages

145. Summary proceeding for wages

146. Restriction on suits for wages

147. Wages not recoverable outside India in certain cases

148. Remedies of master for wages, disbursements, etc.

Power of court to rescind contracts

149. Power of court to rescind contract between master, owner or agent and seaman or apprentice

Disputes between seamen and employers

150. Power to refer disputes between seamen and their employers to tribunals

151. Condition of service, etc to remain unchanged during tendency of proceedings before tribunal

Property of deceased seamen and apprentices

152. Master to take charge of the effects of deceased seamen

153. Dealing with and account of property of seamen who die during voyage

154. Master to pay and deliver property of deceased semen

155. Property or deceased seaman left abroad but not on board ship

156. Dealing with property of deceased seamen

157. Recovery of wages, etc. of seamen lost with their ship

150. Property of seamen dying in India

150. Payment over of poverty of deceased seamen by shipping master

150A.

Nomination

160. Disposal of unclaimed property of deceased seamen

Distressed seamen

161. Relief and maintenance of distressed seamen

162. Mode of providing for return of seamen to proper return port

163. Receiving distressed seamen on ship

164. Provisions as to taking distressed seamen on ship

165. What shall be evidence of distress

166. Indian consular Officer to decide return port to which or route by which seaman is to be sent

167. Power to make rule with respect to distressed seamen

Provisions, health and accommodation

168. Ship to have sufficient provisions and water

169. Allowances for short or bad provisions

170. Foreign going Indian ship to carry duly certificated cook

171. Weights and measures on board

172. Beddings, towels, medicines, medical stores, etc., to be provided and kept on board certain ships

173. Certain ships to carry medical officer

174. Expenses of medical attendance in case of illness

175. Accommodation for seamen

176. Inspection by shipping masters, etc., of provisions, waters, weights and measures and accommodation

177. Inspection by masters of provision, water and accommodation at sea

177A.Power to make rules to prevent accident, etc., Special Provision for the protection of seamen in respect of litigation

178. Meaning of serving seaman

179. Particulars to be furnished in plaints, etc.

180. Notice to be given in case of unrepresented seamen

181. Power to set aside decrees and orders passed against serving seaman

182. Modification of law of limitation where seaman is a party

183. Reference in matters of doubt to shipping masters

Provisions for the protection of seamen in respect of other matters

 

184. Facilities for making complaints

185. Assignment or sale of salvage invalid

186. No debt recoverable till end of voyage

187. Seamens property not to be detained

188. Prohibition against solicitation by lodging house keepers

189. Ship not to be boarded without permission before seamen leave

Provisions as to discipline

190. Misconduct endangering life or ship

191. Desertion and absence without leave

192. Power to suspend deserters certificate of discharge

193. Conveyance of deserter of imprisoned seaman on board ship

194. General offices against discipline

195. Smuggling of goods by seamen or apprentices

196. Entry of offences in official logs

197. Report of desertions and absences without leave

198. Entries and certificates of desertion abroad

199. Facilities for proving desertion in proceeding for forfeiture of wages

200. Application of forfeitures

201. Decision of question of forfeiture and deduction in suits for wages

202. Payments of fines imposed under agreement to shipping master

203. Seaman or apprentice not to be enticed to desert

204. Deserters not t be harboured

205. Stowaways and seamen carried under compulsion

206. Procedure where seamen not shipped in India is imprisoned on complaint of master or owner

207. Power to send on board seaman not shipped in India who is undergoing imprisonment

208. On change of master, documents to be handed over to successor

209. Transmission of documents on transfer of seamen from one ship to another

210. Leaving behind in India of seaman or apprentice engaged abroad

211. Deserter from foreign ships

Official logs

212. Official logs to be kept and to be dated

213. Entries in official log books how and when to be made

214. Entries required to be made in official logs

215. Offences in respect of Official logs

216. Delivery of official logs to shipping masters

217. Official logs to be sent to shipping master in case of transfer of ship or loss

National Welfare Board for Seafarers

218. Functions of National Welfare Board for Seafarers

Classification of seamen and prescription of minimum manning scale.

88. Power to classify seamen—

The Central Government may make rules for the classification of seamen other than ship’s officers into different categories and for the prescription of the minimum manning scale of seamen of such categories for ships; and different scales may be prescribed for different classes of ships.

Shipping Masters

89. Duties of shipping masters— It shall be the duty of shipping masters—

(a) to superintend and facilitate the engagement and discharge of seamen in the manner provided in this Act;

(b) to provide means for securing the presence on board at the proper times of the seamen who are so engaged;

(c) to facilitate the making of apprenticeship to the sea service;

(d) to hear and decide disputes under section 132 between a master, owner or agent, of a ship and any of the crew of the ship;

(e) to perform such other duties relating to seamen, apprentices and merchant ships as are for the time being committed to them by or under this Act.

(f) to transmit the complaint of any dispute of a foreign seaman of a vessel, registered in a country other than India, in Indian territorial waters, with the master, owner or agent, to the competent authority of the country of registration and a copy of such complaint shall be forwarded to the Director-General, International Labour Organisation office.

90. Fees to be paid –

(1) The central Government may, by notification in the Official Gazette, fix the gees which shall be payable upon all engagements and discharges effected before a shipping master.

(2) Scales of the fees payable for the time being shall be conspicuously place in the shipping offices, and a shipping master may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid

(3) Every owner or master of a ship engaging or discharging any seaman in a shipping offices or before a shipping master shall pay to the shipping master the whole of the fees hereby made payable in respect of such engagement or discharge, and may for the purpose of reimbursing himself in part, deduct in repect of each such engagement or discharge from the wages of all person (except apprentices) so engaged or discharged, and retain any sums not exceeding such sums as the Central Government may, by notification in the Official Gazette, fix in this behalf.

Provided that, if in any case the sums which may be so deducted exceed the amount of the fee payable by him, such excess shall be paid by him to the shipping master in addition to such fee.

(4) For the purpose of determining the fees to be paid upon the engagement and discharge of seamen belonging to foreign- going ships which have running agreements as hereinafter provided, the crew shall be considered to be engaged when the agreement is first signed, and to be discharged when the agreement finally terminates; and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen.

Apprenticeship to the sea services

91 Assistance for apprenticeship to sea services--- All shipping masters shall give to persons desirous of apprenticing boys not under fifteen years or age to the sea service or requiring apprentices not under that age for the sea service such assistance as may be in their power, and may receive from those persons such fees as the Central Governments may fix.

92 Special provisions as to apprenticeship to the sea services

(1) the apprenticeship of any boy to the sea service a shall be by contract in writing between the apprentice or on his behalf by his guardian, if the boy is a minor, and the master or owner of the ship requiring the apprentice.

(2) Every such contract shall be executed in duplicate in the prescribed form and in accordance with the rules made by the Central Government in this behalf;

(3) Every such contract shall be executed in the presence of, and shall be attested by the shipping master of the port, who shall, before the execution of the contract, satisfy himself—

(a) that the intended apprentice—

(i) understands the contents and provisions of the contract;

(ii) freely consents to be bound;

(iii) has attained the age of fifteen years; and

(iv) is in possession of a certificate to the effect that the physically fir for sea service;

(b) if the intended apprentice is a minor, that his guardian’s consent has been obtained to his being bound as an apprentice.

(4) Every such contract made in India and every assignment, alteration or cancellation thereof, and where the apprentice bound dies or deserts, the fact of the death or desertion shall be recorded in the manner specified in section 93.

93. Manner in which contract is to be recorded— For the purpose of the record—

(a) the master of owner of the ship to whom an apprentice to the sea service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner;

(b) the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs within India, or, as soon as circumstances permit, if it occurs elsewhere.

94. Production of contracts to authorised person before voyage in ship—

(1) The master of a ship shall, before carrying an apprentice to sea from a port in India, cause the apprentice to appear before the shipping master before whom the crew are engaged, and shall produce to him the contract by which the apprentice is bound, and every assignment thereof.

(2) The name of the apprentice, with the date of the contract and of the assignments thereof, if any, and the names of the ports at which the same have been registered, shall be entered on the agreement with the crew Seamen’s employment offfices

95. Business of seamen’s employment offices—

(1) It shall be the business of the seamen’s employmentoffices--

(a) to regulate and control—

(i) the supply of such categories of seaman and for such class of ships as may be prescribed;

(ii) the recruitment of persons for employment as seamen and the retirement of seamen from such employment;

(iii) the promotion of seamen or changes of their categories;

(b) to maintain registers of seamen in respect of the categories prescribed under sub-clause(I) or clause (a);

(c) to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this Act.

(2) Where there is in existence at any part a seamen’s employment office, then, notwithstanding anything to the contrary contained in any other provisin of this Act, no person shall receive or accept to be entered on board any ship of the class prescribed under sub-section, unless such seaman has been supplied by such seamen’s employment office.

(3) The Central Government may make rules for the purpose of enabling seamen’s employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may provide for—

(a) consultation with respect to any specified matter by seamen’s employment office s with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf;

(b) the levy and collection of such fees as may be specified for any seamen’s employment office for registering the name of any seaman in any register maintained by it;

(c) the issue of directions by the Central Government to any seamen’s employment office with reference to the exercise of any of its powers;

(d) the supersession of any seamen’s employment office which fails to comply with any such direction.96. Supply or engagement of seamen in contravention of Act prohibited—

(1) A person shall not engage or supply a seaman to be entered on board any ship in India unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bonafide the servant and in the constant employ of the owner, or is a director of a seamen’s employment office, or a shipping master.

(2) A person shall not employ for the purpose of engaging or supplying a seaman to be entered on board any ship in India, any person ,unless that persons is the owner, master or mate of the ships or is the agent of the owner or is bonaifde the servant and in the constant employ of the owner, or is a director of a seamen’s employment office, or a shipping master.

(3) A person shall not receive or accept to be entered on board any ship any seaman, if that person knows that the seaman has been engaged or supplied in contravention of this section or section 95.

97. Receipt of remuneration from seamen for shipping them prohibited— A person shall not demand or receive, either directly or indirectly, from any seaman, or from any person employment as a seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, other than the fees authorised by this Act.

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