1.     Short Title and Commencement -  (1) These rules may be called the Merchant Shipping (Shipping Office Forms) Rules, 1963,.

(a)   “Act” means the Merchant Shipping Act, 1958;

3.     Change in Crew -  The statement of changes in the crew of a ship referred to in section 105 of  the Act shall be in Form I.

4.     Inward and outward clearances – The certificates mentioned in sub-sections (1) and (4) of sections 106 of the Act shall be in Forms II and  III respectively.

7.             Release -  The  release referred to in sub-section (1) of section  130 of the Act shall be in Form VIII.

8.             Allotment Note       -       The form of the allotment note refereed to in section 136 of the Act shall be in Form IX.

Change in crew                          Section 105 – The master of every

SCEHEDULE
FORM NO.I 

Masters are required to fill up the form and return it without delay to the Shipping Master at any port where : changes  have taken place in their crews. 

Issued by

The Govt. of India

ACCOUNT OF CHANGE MADE IN THE CREW OF A FOREIGN – GOING  SHIP OR A HOME-TRADE SHIP OF TWO HINDERED TONS GROSS OR MORE 

(See rule 3 of the Merchant Shipping ( Shipping  office forms) Rules 1963]

Name and address of Master and NO. of his certificate.

Shipping office at which agreement was
First opened and date                                                               Description of voyage
                                                                                               Or employment

________________________________________

        I hereby declare to the truth of the entries in this account of changes in the crew  which is      this        day of         19 

Forwarded to the Shipping Master at

Signature of Master

NOTICE
The continuous Discharge Certificates of men who have left the ship no to be forwarded to the Shipping Master with this form. 

        No entries or marks of any kind to join, deserted or otherwise left the ship  

 Particular of leaving of ship  Report of Character                            If the Continuous
-----------------------------------------------------------                                      Discharge certificate
Date         Place     Cause        Ability     Conduct                         is not forwarded with This
                                                                                                  form, state the reason 

Part II- Deaths of members of the crew

 Date and place of death                    Name in full                   Sex             Age    Rating
-----------------------------------
Date            Place 

12               13                                            14                       15               16         17

 Nationality                     last place of a bode                            cause of death
(stating birth place

 PART III- Substitute engaged

 1)
2)
3)

1)
2)
3)

      1.               If the cause of death is from disease, the name or nature of the same should be stated.

2.              When the cause of death is accidental the circumstances attending the accident should full stated.

3.                If at the time of an accidental death the ship sustained any damage, loss of gears, cargo etc., the nature of such damage or loss should be stated;  if no damage or loss was sustained, it should be so stated.

4.                When the death is occasioned by any other cause, e.g., suicide, murder, etc. full particulars of the same should be stated, and copy of log entries attached.  If a citizen of India, state place of birth, and if born in a foreign country, state whether a natural born citizen of India or naturalized.  The capacities of Engineers not employed on the Propelling Engineers and Boilers should be described here and in the certificate of discharge as Engine Drivers, Donkey men, Refrigerating Engineers, Electrical Engineers or Winchmen, and not merely as Engineers; boys entirely employed in connection with the work of Cooks and Stewards should be described as Cabin Boys, not merely as boys.

            FORM II                                               FORM II 

Issued by the                                                    Issued by the
Govt. of India                                                     Govt. of India
No. …………                                                     No. …….. 

FOREIGN-GOING OR HOME TRADE                 FOREIGN-GOING OR HOME-TRADE SHIP              
SHIP OF TWO HUNDRED TONS                       OF TWO HUNDRED TONS GROSS OR MORE              GROSS OR MORE  

(See rule 4 of the Merchant Shipping                   Certificate for clearance outwards
Shipping office Forms Rules, 1963)                     (See rule 4 of the Merchant Shipping (Shipping office
                                                                        Form Rules 1963)

                                                                    ______________________________________________

Name of Master………………..            Name of Master     Name of ship  Official No.    Port of Registry
                                                                                                                             Reg. Form
Name of Ship …………………..                    _______________________________________________ 

Name of Owners/Agents ……
                                                                 ________________________________________________

Official Number …………………..
                                                               Description of Voyage

Port of Registry …………………..               ________________________________________________

Gross
______  Tonnage ……………
  Net

Next port of call …………………                I CERTIFY that the Master of this ship has complied with the
                                                              Provisions of the Merchant Shipping Act, 1958.

Date …………………..

                                                            Dated at  ……………………………….

                                                            …………..day of ……………19…………….

                 …………………….                                                                              …………….  

              Shipping Master                                                                                 Shipping Master 

Form No. IV 

REGISTER OF YOUNG PERSONS 

(See rule of the Merchant Shipping (Shipping Office Forms) Rules, 1963) 

Issued by the                 List of young persons under eighteen years of age
Govt. of India                employed as members of  the crew of   on  a voyage from to  

   Signed by                                                                                       Master

 On the                            day of        19        .

 Under the Merchant Shipping Act, 1958, every Master of an Indian Ship and every master of any other ship which engages young persons in India is required (under a penalty of Rs. 200/- for failure) to keep, if there is no agreement with the crew, a register of young persons with particulars of the dates of their birth and of the dates on which they became or ceased to be members of the crew.
 

Schedule V 

(See Rule 14(1) 

REGISTER OF CONTRACT OF APPRENTICE

Port of

Account of wages and effects of a deserting seaman or

Form No. V

Port of
Account of wages and effects of a deserting seaman or a seaman Left behind 

(See rule 6 of the Merchant Shipping (Shipping office form Rules, 1963) 

Issued by the Govt. of India  

 *If the Seamen’s name is not on the articles, in this space must be entered the date of his  being sent  on board the ship; and in such case, here state  by whom and where he was sent  on board, and any other particulars.

                                                                   DEDUCTIONS

Wages, Money, Cloths and other Amount    Notice to Masters:      For Initials of
                        effects                              all deductions made,   Shipping Master
                                                                reasons must be given against each item
                                                                Satisfaction of the        checked.
                                                                Shipping Master;
                                                                and when possible, they
                                                                Should be provide by
                                                                Receipts or entries in the
                                                                Official Log Book.
                                                               --------------------------------

                                                          Particulars Amount of deductions
                               

Wages at

Rs.
------------------
Per

------------------------------------------
          Months Days

For
-----------------------------------------

  Money in possession of the Seaman
                                           -------------------

 Total
Deductions as per Account              

Net amount                                       ------------------ Total -----------------

          I HEREBY declare that the above is a true and correct  account of the  Money, Wages and Effects  of the above named seaman and t hat a full inventory of  his  effects delivered to  the Shipping Master  is entered on the reverse of this form.

Dated this                      Day of                            19…………

                                                                   Signature of the Master of the ship  

          I HEREBY certify that I have examined the above account, and compared the Inventory with the official Log Books, which is attested by the Master (and/or) one of the Crew and that the above is a true copy thereof.  The balance of the account has been said and the articles have been delivered to me.

 This                                Day of                            19…………

                                                                   Shipping Master

Inventory of Effects belonging to

The above  mentioned Articles are contained in

 Master
S.S./M.V.

*Here state the number and description of packages.

 Note: valuables and foreign currency should be kept in a separate cover and handed over to the Shipping Master by the Ship-Master personally.

FORM No. VI 

 Issued by the Govt.
Of India

          No.
          Receipt for wages, effects, etc            Port of……………………….

( See rule 6 of the Merchant Shipping (Shipping Office Forms) Rules, 1963)

RECEIVED the sum of Rupees                               in respect
Of the under mentioned seaman :-

Seamen’s Name CDC     Rating   Amount  Where left     Particulars of
Registration NO. and                                  or               effects (if any
Other details of Credit                              discharge      delivered to the
                                                                                 Shipping Master

                                          1           2             3                        4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------

Total

Shipping Office
Port of                          19…………                            Signature of Master 


 

COUNTERFOIL                                 From No. VII
 ACCOUNT OF WAGES                                                                          ACCOUNT OF  WAGES

Issued by the                                   Issued by
Govt. of India                                    the Govt. of India                                    

[See rule of the Merchant Shipping        [See rule of the Merchant Shipping
(Shipping Office Forms) Rules,             (Shipping Office Forms) Rules,
1963]                                                   1963]

 Dated at the port of this        day of   19                       Dated at the port of this        day    of      19
                             Signature of Master           

                                                              NOTICE TO MASTER – One of these accounts must be
                                                              filled up and delivered to each member of the crew before
                                                              he is paid off, under a penalty not exceeding Rs. 50/- and
                                                              no deductions will be allowed unless duly inserted.

FORM NO. VIII 

Issued by the
Govt. of India

To be returned to the Shipping Master witnessing the discharge of the seaman 

(See rule 8 of the Merchant Shipping (Shipping Office Forms)Rules 1963)

RELEASE ON TERMINATION OF SERVICE WITH NOTE OF EXCEPTED CLAIMS (IF ANY) 

I___      the undersigned member of the  crew of the above named ship, do
We                               member 

hereby release the said ship and the master and owner or owners thereof, from all claims for wages or otherwise, in respect of the above-named voyage except as regards the claims or demands which are specified on the back hereof and identified by my signature  

                                                        --------------------------------------------------------------
                               the signatures of respective seamen notifying such excepted claims or demands    

And I, the master, do hereby release the  said under signed Member of the Crew from all claims in respect
                                                                                        Member 
of the said voyage 

Date      the               day of              19…….         Master 

 __________________________________________________________________________________________________

I attest the  execution of the above case in my presence subject to the exception above referred to (if any). 

(signed)                                    Signature of official before when release was signed with official seal.

            Note of specified claims or  demands excepted from and entered by the respective seamen whose signature appe      appear below, upon signing the release on the preceding pages hereof. 

                                                                                                                Form No.  IX

SEAMAN'S ALLOTMENT NOTE
[See rule 9 of the Merchant Shipping (Shipping Office Forms) Rules, 1963] 

A. Ship in which Seaman is engaged                              B. Name etc. of Seaman by whom
                                                                                         Allotment is made
_____________________________                          ______________________________ 

Name, Port of Registry and Official No.                        Full Name of Seaman C.D.C. and
of Ship                                                                                     Registration No.
______________________________                        __________________________________ 

                                                                            ____________________________________
                                   
                                                                                                        Rating
                                                                           _____________________________________

             Name and address of Relation                                      Degree of Relationship

                                     Purpose                                                            To whom payable 

             D. Amount and Particulars of Allotment

 Amount in Rs.               If Allotment is to be remitted by M.O.   Date when first
                                     state particulars here                          Payment is to be made

_____________________________________________________________________________________________

 Figures__________________

The Seaman named in division B above, having entered into an Agreement to serve in the ship named in division A above, and having required that a stipulation be inserted in the Agreement for the allotment of note, and such stipulation having been inserted pursuant to section 136 of the Merchant Shipping Act, 1958, I, the undersigned, being the Master of the said ship, give this Allotment Note for the amount named in division D above in favour of the relative/purpose named in division C above. 

            Payable  by                                                                              Master
                                                                                                            Seaman
                                                                                                            Witness

If the Owners of Agents give the note, this must be altered accordingly.

                                                                               Form No. X

 PORT OF
Account of wages and effects of a Deceased Seamen. 

Issued by the
Govt. of India

                                       (See Rule 10 of the Merchant Shipping (Shipping Office  Forms) Rules, 1963) 

 ------------------------------------------------------------------------------------------------------------------------------------------------------------------

Wages at
Rs.
--------------------------------------
Per
--------------------------------------
Months Days
For
--------------------------------------
Money in possession of the
Seaman                                                      ----------------------

          Total

Deduction as per account                             ---------------------- 

          *If Seamen’s name is not on the articles, in this space must be entered the date of his  being sent on board the ship and in such  case, here  state by whom and where he was sent on board, and  any other particulars. 

         I HEREBY    declare that the above is a true and correct money, wages and  effects of the above-named Seaman and  that a full inventory of his effects delivered  to the Shipping Master is entered on the reverse of this form. 

Dated this                      day of          19      Signature of the Master
                                                                 of the ship.

          I HEREBY    certify that  I have examined the above  Account, and compared the Inventory with the Official Log Boo, which is  attested by the Mate and one of the Crew and that the above is a true copy thereof.  The  balance of the account  has been paid and  the articles have been delivered to me.

  This          day   of  19        .  

                                                                                    Shipping Master

Inventory of Effects belonging to

delivered to.

 The above mentioned articles are contained in *                    

Master,
        S.S./M.V.

* Here state the number and description of packages            

NOTE : Valuable and foreign currency should be kept in a separate cover and handled over to the  Shipping Master by the Ship-Master personally  
 

Form No. XI

Issued by the Govt. of India
OFFICIAL LOG BOOK

for either 

A FOREIGN-GOING OR A HOME-TRADING SHIP OF 200 TONS GROSS AND ABOVE 

[See rule II of the Merchant Shipping (Shipping Office Forms) Rules, 1963.] 

Delivered to the Shipping Master at the

Port of …………………………..on ……………………day of ………………………………19…….         

          Countersigned

……………………………………Shipping Master                   …………………………………..Master                                                                      

                                                                             ………………………………Address  

IMPORTANT NOTE:- Directorate as to keeping official logs and extracts from the Merchant Shipping Act, 1958 are printed at the beginning and at the end of this book and also at the top and/or bottom of each page where applicable. 

DIRECTIONS AS TO KEEPING OFFICIAL LOGS. 

            The importance of keeping this book properly, and duly making all the entries at the proper time, and with the strictest regard to form, cannot be too strongly impressed on shipmasters.  By neglecting to do so shipmasters render themselves liable to heavy penalties, and their owners to serious loss whilst members of their crew will suffer inconvenience from not being able to obtain records of their services.  The absence of proper entries will also prevent fines or forfeitures from being enforced and will tend to prevent the maintenance of discipline. 

Care must be taken whenever there is a change of master to see that documents handed over are up-to-date. 

Entries must be made in order of date, and no blanks should be left. 

If any entry in the Official Log relates in any way to a member of the crew the page number is to be entered against the man’s name in the Official Log and Index. 

Note :- it is very desirable that the following entries should be made in the Official Log Book__

1.                  Every case in which the allowance of provisions is reduced, together with the quantity, or quantities, of the article, or articles so reduced.

2.                  Every case in which a member of the crew is promoted to a higher grade of service with the date of such promotion, the grade and the rate of wages which the seaman is to receive.

3.                  in cases of illness, frequent entries (daily if possible) showing the progress and treatment of patient.

4.                  Every case of drunkenness or misconduct on the part of any certificated Mate or Engineer, whether the Master wishes the case to be investigated or not.

5.                  Every important accident or damage to ship or cargo. 

---------------------- 

The following are the Chief statutory provisions relating to Official Logs:- 

MERCHANT SHIPPING ACT, 1958
 Official logs to be kept to be dated. 

212. (1).           An official log shall be kept in the prescribed form in every Indian ship except a home-trade ship of less than two hundred tons gross. 

(2)        The official log may, at the discretion of the master or owner, be kept distinct from or united with the ordinary ship’s log so that in all cases the spaces in the official log book be duly filled up. 

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

213. (1)            An entry required by this Act in the official log book shall be made as soon as possible after the occurrence to which it relates, and, it not made on the same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge, shall not be made more than twenty-four hours after that arrival. 

(2)        Save as otherwise provided in this Act, every entry in the official log book shall be signed by the master and by the mate or some other member of the crew and also-- 

(a)                if it is an entry of injury or death, shall be signed by the medical officer on board, if any, and

(b)               if it is an entry of wages due to or the property of a seaman or apprentice who dies, shall be signed by the mate and by some member of the crew besides the master. 

(3)        Every entry made in an official log book in the manner provided by this Act shall be admissible in evidence. 

Entries required to be made in official log books. 

214. (1)            The  master of a ship for which an official log is required shall enter or cause to entered in the official log book the following matters, namely:- 

(a)                every conviction by a legal tribunal of a member of his crew and the punishment inflicted;

(b)               every offence committed by a member of  his crew for which it is intended to prosecute or to enforce a forfeiture or exact a fine, together with such a statement concerning the reading over of that entry and concerning the reply (if any) made to the charge as is by this Act required;

(c)                every offences for which punishment is inflicted on board and the punishment inflicted;

(d)               a report on the quality of work of each member of his crew; or a statement that the master declines to give an opinion thereon with a statement of his reasons for so declining.

(e)                Every case of illness, hurt or injury happening to a member of his crew with the nature thereof and the medical treatment adopted (if any);

(f)                 Every case of death happening on board and the  cause thereof, together with such particulars as may be prescribed;

(g)                Every birth happening on board, with the sex of the infant, the names of the parents and such other particulars as may be prescribed;

(h)                Every marriage taking place on board with the  names and ages of the parties;

(i)                  The name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner and cause thereof;

(j)                 The wages due to any seaman or apprentice who dies during the voyage and the gross amount of all deductions to be made therefrom;

(k)               The money or other property taken over of any seaman or apprentice who dies during the voyage;

(l)                  Any other matter which is to be or may be prescribed for entry in the official log. 

2)         The master of every such ship, upon its arrival at any port in India or at such other time and place as the Central Government may with respect  to any ship or class of ships direct, shall deliver or transmit, in such form as the Director General may specify, a return of the facts recorded by him in respect of the birth of a child, or the death of a person on board the ship to the Director-General. 

Offences in respect of official logs. 

215. (1)            An official log book shall be kept in the manner required by this Act, and an entry directed by this Act to be made therein shall be made at the time and in the manner directed by this Act. 

(2)             No person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival. 

Delivery of official logs to shipping masters. 

216.          The master of every ship for which an official log book is required to be kept under this Act shall, within forty-eight hours after the ship’s arrival at her final port of destination in India or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the shipping masters before whom the crew is discharged. 

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

217. (1)            If for any reason the official log ceases to be required in respect of an Indian ship, the master or owner of the ship shall, if the ship is then in India within one month,    and if she is elsewhere within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log book duly completed up to the time of cessation. 

(2)               If  a ship is lost or abandoned, the master or owner thereof shall if practicable and as soon as possible, deliver or transmit to the shipping master at her port of registry the official log book, duly completed up to the time of the loss or abandonment. 

Note: (i)     If the master of a ship or any person fails without reasonable cause to comply with the provisions of the above sections, he shall be liable to a fine to the extent shown below, vide S 436(2) of the Merchant Shipping Act, 1958:- 

(a)    S.214(2) – Fine which may extend to one-hundred rupees.

(b)    S. 215(1) – Fine which may extend to fifty rupees, if no other penalty is provided in the Act.

(c)    S. 215(2) – Fine which may extend to three-hundred rupees.

(d)   S.  216 – Fine which may extend to two-hundred rupees.

(e)    S. 217 – Fine which may extend to one-hundred rupees. 

(ii)        If any person willfully destroys or mutilates or renders illegible any entry in any official log book or willfully makes or procures to be made or assists in making a false or fraudulent entry in or omissions from an official log book, he shall be liable to imprisonment which may extend to one year. 

EXTRACTS FROM THE MERCHANT SHIPPING ACT, 1958 RELATING TO MASTERS AND SEAMEN 

Special provisions with regard to agreement with crew of Indian ships. 

103. (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 provisions of this Act as to substitutes, 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 be 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 substitutes 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 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;

provide 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 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 ships leaves port, or that all those made have been made as required by law; 

(d)        the master shall deliver the running agreement s 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 a 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.  

Wages and other properly of seaman or apprentice left behind. 

122. (1)            If a seaman or apprentice is left behind, the master shall enter in the official log book a statement of the amount due to the seaman or apprentice in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge. 

(2)        Within forty-eight hours after the arrival of the ship at the port in India at which the voyage terminates, the master shall deliver to the shipping master - 

a)                  a statement of the amount due to the seaman or apprentice in respect of wages, and of all property left on board by him; and

b)                  a statement, with full particulars, of any expenses that may have been caused  

and, if required by the shipping master to do so, shall furnish such vouchers as are reasonably required to verify the statements. 

(3)               The master shall at the time when he delivers the statements referred to in sub-section (2) to the shipping master also deliver to him the amount due to the seaman or apprentice in respect of wages and the property  that was left on board by him, and the shipping  master shall give to the master a receipt therefore in the prescribed form.

(4)               The master shall be entitled to be reimbursed out of the wages or property referred to in clause (a) of sub-section (2) such expenses shown in the statement referred to in clause (b) of that sub-section as appear to the shipping master to be properly chargeable. 

Disrating of Seamen 

126 – (1)          Where the master of a ship disrates a seaman, he shall forthwith enter or cause to be entered in the official log book a statement of the disrating, and furnish the seaman with a copy of wages consequent on the disrating shall not take effect until the entry has been so made and the copy so furnished. 

(2)        Any reduction of wages consequent on the disrating of seaman shall be deemed to be a deduction from wages within the meaning of sections 125 and 127. 

Decision of questions by shipping masters 

132. – (1)         Where under the agreement with the crew any dispute arises at any port in India between the master, owner or agent of a ship and any of the crew of ship, it shall be submitted to the shipping master; -  

(a)                where the amount in dispute does not exceed three hundred rupees, at the instance of either party to the dispute;

(b)               in any other case, if both parties to the dispute agree in writing to submit the dispute to the shipping master. 

(2)        The shipping master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be conclusive as to the rights of the parties, and any document purporting to be such submission or award shall be prima facie evidence thereof. 

(3)             An award made by a shipping master under this section may be enforced by a magistrate in the same manner as an order for the payment of wages made by such magistrate under this Act. 

(4)             Nothing in the Arbitration Act, 1940, shall apply to any master submitted to a shipping master for decision under this section. 

Power of shipping master to require production of ship’s  papers 

133. – In any proceedings under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner, master or agent or any mate or other member of the crew to produce any log books, papers, or other documents in his possession or power relating to any matter in question in proceeding, any require the attendance of and examine any of those persons being then at or near the place on the matter. 

Rule as to payment to seamen in foreign currency 

134. – Where a seaman or apprentice has agreed with the master or a ship for payment of his wages in Indian or other currency, any payment of , or on account of, his wages, if made in any currency other than that stated in the agreement, shall, notwithstanding anything in the agreement, be made at the rate of exchange fr the time being current at the place where the payment is made. 

Master to take charge of the effects of deceased Seaman. 

152 – (1)          If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in India, dies during that voyage, the master of the ship shall report the death to the next-of-kin of the seaman or apprentice and to the shipping master at his port of engagement and shall take charge of any money or effects belonging to the seaman or apprentice which are on board the ship. 

(2)        The master shall thereupon enter in the official log book the following particulars, namely:-

(a)                a statement of the amount of money and detailed description of the other effects;

(b)               a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages. 

(3)        The said money balance of wages and other effects in this Act referred to as the properly of the seaman or apprentice. 

Master to pay and deliver property of deceased seamen 

154 – (1)          If the master of ship fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or delivery of such properly, he shall be accountable for such property to the Shipping master as aforesaid, and shall pay and deliver the same accordingly. 

(2)        The property may be recovered in the same court and manner in which the wages of seamen may be recovered under this Act. 

Ships to have sufficient provisions and water 

168. – (1)          

168. – (1)         All Indian ships and all ships upon which seamen have been engaged shall have on board sufficient provisions and water of good quality and fit for the use of the crew on the scale specified in the agreement with the crew, 

(2)        If any person making an inspection under section 176 finds the provisions or water to be of bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the ship an may, if he thinks fit, certain the ship until the defects are remedied to his satisfaction. 

(3)        The master shall not use any provisions or water so signified to be of bad quality and shall in lieu of such provisions or water, provide other proper provisions or water and he shall, if the provisions or water be signified to be deficient in quantity, procure the requisite quantity of any provisions or water to cover the deficiency. 

(4)        The person making the inspection shall enter a statement of the result of the inspection in the official log book, and shall, if he is not the shipping master, send a report thereof to the shipping master and that report shall be admissible in evidence in any legal proceeding. 

(5)        If the inspection was made in pursuance of a request by the members of the crew and the person making the inspection certifies in the Statement of the result of the result of the inspection that the complaint was false and either frivolous or vexatious, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week’s wages. 

(6)        The master of the ship and any other person having charge of any provisions or water liable to inspection under this section shall give the person making the inspection every reasonable facility for the purpose. 

Expenses of medical attendance in case of illness. 

174 – (1)          If the master of an Indian ship, or a seaman or apprentice, receives any hurt or injury or injury or suffers from any illness (not being a hurt, injury or illness due to his own willful act or default or to his own misbehaviour), resulting in his being discharged or left behind at a place other than his proper return port, the expenses of providing the necessary surgical and medical advice, attendance and treatment and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured, or dies, or dies or is brought back to the port from which he was shipped or other port agreed upon after receiving the necessary medical treatment and of his conveyance to that port, and in case of deapth, the expenses, if any, of his burial or cremation shall be defrayed by the owner of the ship without deduction on that account from his wages.   

(2)        If the master, seaman or apprentice is on account of any illness or injury temporarily removed from his ship, a port other than his proper return port for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of removal and providing the necessary surgical and medical advice, attendance and treatment and medicine and of his maintenance while away from the ship, shall be defrayed in like manner. 

(3)        The expenses of all medicines, and surgical and medical advice,  attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner. 

(4)        In all other cases any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the Indian consular officer a shipping master, be deducted from the wages of the master, seaman or apprentice.   

(5)        Where any expenses referred to in this section have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such expenses are paid by the Government, the amount shall be a charge upon the ship may be recovered with full costs of suit by the Central Government. 

Inspection by shipping master, etc., of provisions, water, weights and measures and accommodation 

176 – A shipping master, Surveyor, seamen’s welfare officer, port health officer, Indian consular officer or any other officer at any port duly authorized in this behalf  by the Central Government. 

(a)                in the case of any ship upon which seamen have been shipped at that port, may at any time, and

(b)               in the case of any indian ship, may at any time, and if the master or three or more of the crew so request, shall, enter on board the ship and inspect-  

(i)                  the provisions and water,

(ii)                the weights and measures,

(iii)               the accommodation for seamen, 

with which the ship is required to be provided by or under this Act and also the space and equipment used for the storage and handling of good and water and the galley and other equipment used for the preparation and service of meals. 

Inspection by master of provisions, water and accommodation at Sea 

177 – The master of an Indian ship which is at sea shall, at lest once is every ten days, cause an inspection to be made of the provisions and water provided for the use of the seamen and apprentices and the crew accommodation, for the purpose of ascertaining whether ths same are being maintained in accordance with the requirements of this a Act, and the person making the inspection shall enter a statement of the result of the inspection in a book, specially kept for the purpose.  

Desertion and absence without leave 

191 – (1)          No seaman lawfully engaged and no apprentice- 

(a)        shall desert his ship; or 

(b)        shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his ship or be absent without leave at any time within twenty-four hours of the ship’s sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without leave and without sufficient reason from his ship or from his duty. 

(2)        For the purposes of sub-section (1), the fact that the ship on which the seaman or apprentice is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause: 

Provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed to sea in his ship or before absenting himself or being absent from the ship, as the  case may be, complained to the master or a shipping master, surveyor, seaman’s welfare officer, port health officer, Indian consular officer or any other officer, at any port duly authorized in this behalf by the Central Government, that the ship is unseaworthy. 

General offences against discipline 

194 – A seaman lawfully engaged or an apprentice shall be guilty of an offence against discipline if he commits any of the following acts, namely:- 

a)         if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security' 

b)         if he is guilty of willful disobedience to any lawful command or neglect of duty; 

c)         if he is guilty of continued  willful disobedience to lawful commands or continued willful neglect of duty; 

d)         if he assaults the master or any other officer of the ship; 

e)         if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or retard the progress of the voyage; 

f)          if he willfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or willfully damages any of, her stores or cargo. 

Smuggling of goods by seamen or apprentices   

195 – (1)          If a seaman lawfully engaged or an apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy. 

(2)        If a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other narotic drug or narcotic, the Director-General may direct that the seaman’s certificate of discharge or continuous certificate of discharge shall be cancelled or shall be suspended for such period as may be specified in the direction. 

Entry of offences in official logs 

196 – If any offence within the meaning of this Act of desertion or absence without leave or against discipline is committed, or if any act of misconduct is committed for which the offender’s agreement imposes a fine and it is intend to enforce the fine- 

a)         an entry of the offence or act shall be made in the official log book and signed by the master, the mate and one of the crew; and  

b)         the offender, if still in the ship, shall before the next subsequent arrival of the ship at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry an have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit; and  

c)         a statement of a copy of the entry having entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid; and 

d)         in any subsequent legal proceedings the entries by this section required shall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct. 

Payment of fines imposed under agreement to shipping master. 

202 – (1)          Every fine imposed on a seaman for any act of misconduct under his agreement shall be deducted and paid over as follows, namely:- 

(a)        if the offender is discharged at any port or place in India and the offence and such entries in respect thereof as aforesaid are proved to the satisfaction  of the shipping master before whom the offender is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such shipping master; and 

(b)        if the seaman is discharged at any port or place outside India and the offence and such entries as aforesaid are proved to the satisfaction of the Indian consular officer, by whose sanction he is so discharge, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log book, if any, and signed by such officer and on the return of the ship to India, the master or owner shall pay over such fine to the shipping master before whom the crew is discharged. 

(2)        An act of misconduct for which any such fine has been inflicted and paid shall not be otherwise punishable under the provisions of this Act. 

(3)        The proceeds of all fines received by a shipping master under this section shall be utilized for the welfare of seaman in such manner as the Central Government may direct. 

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

208 – (1)          If during the progress of a voyage the master of any Indian ship is removed or superseded or for any other reason quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody. 

(2)        Such successor shall immediately on assuming the command of the ship enter in the official log book a list of the documents so delivered to him. 

Transmission of documents on transfer of seaman from one ship to another 

209 – Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to master of the other ship all documents in his possession relating to seaman. 

INDEX TO ENTRIES IN OFFICIAL LOG BOOK

             Entries                                                              Reference to pages in which the

 Conviction of any member of crew and Punishment

 Offences committed by Member of Crew for which it is
intended to prosecute or to enforce a Forfeiture or to exact a
Fine, together with such statement concerning the reading
Over of such entry, and concerning the reply (if any) made
To the charge as is required by law

Offence for which punishment has been inflicted on board, and
The punishment inflicted

Illness, hurt or injury that has happened to any Member of
Crew, the nature thereof and the medical treatment adopted
(if any)

Notice of disrating

Death that has happened on board, and cause thereof and other
Particulars as prescribed

Birth that has happened on board, the sex of the infant, the
Names of the parents and other particulars as prescribed

Marriages that have taken place on board and the names and
Ages of the parties

The times of opening and closing hinged doors, etc., which

Name of Seaman or Apprentice who has ceased to be a Member
Of the crew, otherwise than by death, With the place, time,
Manner and cause thereof; whether, if bed and bed ding were
Issued to him, these articles were returned before leaving the ship

Wages due to any Seaman or Apprentice who has died during
The voyage and the gross amount of all deductions to be

Made therefrom

statement of the amount of money and description of the
effects left by any Seaman or Apprentice who died during

the voyage

Collision with any other ship, and the circumstances under
Which the same occurred

Order of Marine Board

Inspection of Provisions and Water

Change of Masters – List of documents handed to new

Master

Report of Character of Crew

Load line, free board and draught of water

Occasions on  which boat drill, fire drill, etc., is practiced, or

Signals received of distress or messages that a vessel, aircraft or
Person is in distress at sea; reasons, if any, for not going to

The assistance of persons in distress after having received

A distress signal

 Caution – Section 436(2) S. No. 72 of the Merchant Shipping Act, 1958, provides that if any person willfully destroys or mutilates or renders illegible any entry in any official log book or willfully makes or procures to be ;made or assists in making a false or fraudulent entry in or omission from an official log book shall be liable to imprisonment for  a term which may extend to one year. 

Lists of Crews and Report of  Character

 LOAD-LINE DEPTH OF LOADING AND FREEBOARD 

The Merchant Shipping Act, 1958, Section 312 to 319 & 436(2) 

Provides amongst other things, as follows:-

Marking of deck line and load lines 

312 – (1)          No Indian ship, being a ship of which the keel was laid after the 30^th day of June, 1932, and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless-

a)                  the ship has been surveyed in accordance of assignment;

b)                  the ship complies with the conditions of assignment;

c)                  the ship is marked on each side with a mark (hereafter in this Act referred to as a deck line) indicating the position of the uppermost complete deck as defined by the load line rules, and with marks (hereafter in this Act referred to as load lines) indicating the several maximum depths to which the ship can be safely loaded in various circumstances prescribed by the load line rules;

d)                  the deck line and load lines are of the description required by the load line-rules, the deck line is in the position required by those rules, and the load lines are of the number required by such of those rules as are applicable to the ship; and

e)                  the load lines are in the position required by such of the load line rules as are applicable to the ship. 

2)         No Indian ship, being a ship of which the keel was laid before the 1^st day of July, 1932, and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless- 

a)                  the ship has been surveyed and marked in accordance with clauses (a), (c) and (d) of sub-section (1);

b)                  the ship complies with the conditions of assignment in principle and also in detail so far as, in the opinion of the Central Government, is reasonable and practicable having regard to the efficiency of the protection of openings, the guard rails, the freeing ports and the means of access to the crew's quarters provided by the arrangements, fittings and appliances existing on the ship at the time when she is surveyed under this section; and

c)                  the load lines are either in the position required by clause (e) of sub-section (1) or in the position required by the tables used by the Board of Trade of the United Kingdom on the 31^st day of December, 1906, for fixing the position of load lines, subject to such modifications of those tables and of the applications thereof as were in force; immediately before the 5^th day of July, 1930. 

3)         Any ship attempting to proceed to sea without being surveyed and marked as required by this section may be detained until she has been surveyed and marked, and any ship which does not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purpose of section 336. 

Submersion of load lines 

313-(1)                        An Indian ship (not being exempt from the provisions of this Part relating to load lines) shall not be so loaded as to submerge in salt water, when the ship has no list, the  appropriate load line on earth side of the ship, that is to say, the load line indicating or purporting to indicate the maximum depth to which say, the ship is for the time being entitled under the load line rules to be loaded.  

(2)        Without prejudice to any other proceedings under this Act, any ship which is loaded in contravention of this section may be detained until she ceases to be so loaded. 

Maintenance of load marks 

314 (1)             No owner or master of an Indian ship which has been marked in accordance with the foregoing provisions of this part, shall without reasonable cause, fail to keep the ship so marked. 

(2)        No person shall conceal, remove, alter deface or obliterate or suffer any person under his control to conceal, remove, after, deface or obliterate any mark placed on any such ship in accordance with the foregoing provisions of this Part except with the authority of a person entitled under the load line rules to authorize the alteration of the mark or except for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right. 

319 – (1)          When a load line certificate has been issued in pursuance of the foregoing provisions of this Part in respect of an Indian ship other than a home-trade ship of less than two hundred tons gross. 

a)                  the owner of the ship shall forthwith on the receipt of the certificate cause it to be posted up in some conspicuous on board the ship and to be kept so posted up and legible to long as the certificate remains in force and the ship is in use; and

b)                  the master of the ship, before making any other entry in any official log book, shall enter or cause to be entered therein the particulars as to the position of the deck line and load lines specified in the certificate. 

(2)        Before any such ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master thereof shall- 

a)                  enter or cause to be entered in the official log book such particulars relating to the depth to which the ship is for the time being loaded as the Central Government may by rules made in this behalf prescribe; and

b)                  cause a notice, in such form and containing such of the said particulars as may be required by the said rules, to be posted up in some conspicuous place on board the ship and to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place: 

Provided that the Central Government may by the said rules exempt home-trade ships or any class of home-trade ships from the requirements of clause (b) of this sub-section. 

Penalties 

436-(1)                        Any person who contravenes any provision of this Act or fails to comply with any provision thereof which it was his duty to comply with, shall be guilty of an offence; and if in respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend to two hundred rupees. 

(2)        The offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively.

LOAD LINE, DEPTH OF LOADING, ETC. 
Positions of the Deck Line and Load Lines 

Free board from deck line                                                                     Load Lines 

Tropical ……… feet……..inches
            ______________________                             (T) …………………inches above S.
              …………..decimeters 

Summer ……. Feet……….inches
             _____________________                             (S) ………….. Upper edge of line through
             …………. Decimeters                                                                center of disc. 

Winter ………. Feet …….. inches
          ………………decimeter                                    (W) ………………………..inches below S. 

Winter

North Atlantic ………feet…….inches
(if assigned)    ___________________                        (WNA) …………………..inches below S.

Allowance for fresh water for all free boards ………………………………………….inches.

The upper edge of the deck line from which these free boards are measured is …………….inches above the top of the …………………….deck at side. (Above particulars to be taken from Load Line Certificate)

Maximum draught of water in summer ……………………feet………………..inches.

                                                             _________________________________________

                                                              …………………………………decimeters. 

            The maximum draught of water in summer is the draught of water which would be shown on the scale of feet/decimeters on the stem and stern post of the ship if she were so loaded that the upper edge of the summer load line were on the surface of the water and the ship were upright on an even keel. 

                                                            __________

NOTES 

1.                  The above particulars, and particulars of depths of loading as detailed on the following pages are to be recorded before the ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea.

2.                  The actual free board amidships on each side of the ship is to be measured from the upper edge of the deck line to the surface of the water, when the ship is loaded and ready to leave.  The actual “mean” free board is the mean of the actual free boards, port and starboard, measured as indicated above.

3.                  Form L.L. 14A. (India) or Form L.L. 14B- India (Timber Ship) is to be posted up in some conspicuous place on board the ship before she leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, and the Notice is to be kept so posted up and legible until the ship arrives at some other, dock wharf, harbour or place.  The date and time of posting the Notice is to be entered in column 15.

4.                  No entries are required in columns 8-14 when the actual mean free board (Column 7) is not less than the appropriate salt water free board.

5.                  If, in determining density of water, use is made of a hydrometer on which the reading at the top of the scale is 1000 or 00, meaning “full-fresh water”, the hydrometer means a density of 1015.  if the hydrometer used has the scale reversed, i.e. if the reading 00 is at the bottom of the scale and means “full salt water” the density must be obtained by subtracting the hydrometer reading from 1025, e.g., if the reading is at 15, the density to be entered will be 1010.

6.                  The Winter North Atlantic Load Line, if assigned, applies to voyages across the North Atlantic, north of latitude 36 0N. during the winter months as defined in the Load Line Rules, 1934, and shown on the chart which forms part of these Rules.  The periods during which the other seasonal load lines apply in different parts of the world are as indicated in the said Rules and chart.

7.                  Penalty: - Failure to enter the required particulars of load line, depth loading, etc. in the Official Log Book at the proper time renders the Master or Owner liable to a fine which may amount to two hundred rupees. 

DATES OF DEPARTURE FROM AND ARRIVAL AT EACH DOCK, WHARF, EVERY

      OCCASION OF THE SHIP

HARBOUR OR OTHER PLACE WITH THE DRAUGHT OF WATER AND FREE BOARD PROCEEDING TO SEA

RECORD OF DRILLS (BOAT DRILLS, FIRE DRILLS, ETC.) AND MUSTERS AND EXAMINATION OF LIFE SAVING APPLIANCES 

             An entry should be made of the type of drill or muster held i.e. whether boats were swung out and manned, etc. whether the passengers or crew were mustered, whether the crew were practiced in fire drill etc.

 RECORD OF INSPECTIONS OF CREW’S ACCOMMODATION AT SEA 

(Section 176 of the Merchant Shipping Act, 1958)

 OFFICE LOG                  of the

 From                                                                                        towards

 N.B. – Every entry in this Log Book required by the Merchant Shipping Act, 1958, must be signed by the Master and by the Mate or some other member of the Crew, and every entry of illness, injury or death must be signed by the Medical Officer on board (if any); and every entry of wages due to, or of the property of any Seaman or Apprentice who has died must be signed by the Master and by the Mate by some other member of the Crew. 

Note: - Reading over Entries of Offences – The Master’s special attention is called to Section 196 of the Merchant Shipping Act, 1958, a copy of which has been reproduced in this Book. 

RECORD OF INSPECTION OF PROVISIONS AND WATER 

(Section 168 of the Merchant Shipping Act, 1958)

Date                Result of the Inspection of Provisions and Water                   Signature of  Inspecting Officer

___________________________________________________________________________________________________

RECORD OF INSPECTIONS AT SEA OF PROVISIONS AND WATER

Date of Inspection          Result of Inspection                Date of Entry      Signature of Person

 MARRIAGES BIRTHS AND DEATHS OF MEMBERS OF THE CREW, AND OTHER PERSONS ON BOARD WHICH HAVE OCCURRED DURING THE VOYAGE. 

Marriages: - Section 214(1) (h) of the Merchant Shipping Act, 1958, requires the Master of the ship to enter in his official Log the particulars of every marriage that has taken place on board. 

Births and Deaths: - The duties of the Master with regard to the registry of births and deaths on board ship are defined in the following extracts from Section 214(1) of the Merchant Shipping Act, 1958:- 

            “214 (1)           The master of a ship for which an official log is required shall enter or cause to be entered in the official log book the following matters, namely:- 

(f)                 Every case of death happening on board and the cause thereof, together with such particulars as may be prescribed;

(g)                Every birth happening board, with the sex of the infant, the names of the parents and such other particulars as may be prescribed.” 

If the Master of any ship fails to comply with any requirements of this section, he shall be liable for each offence to a fine which may extend to two hundred rupees. 

In addition to the brief statement of the “Cause of Death” in the following tabular statement the Master should be careful to add in the body of the official log book full particulars of all the circumstances attending the death, more particularly in the case of murder, disappearance or suicide. 

If a fatal accident occurs on board by reason of any damage in the ship, or to any part of it, or to the cargo, the details, as stated above should be entered in a similar manner. 

If a death occurs in a port, the name of the port should be given, and it should be stated whether the death occurred on board or in hospital. 

If a seaman dies on shore from an accident which happened, or from a disease which developed while he was a member of the crew, it is desirable that an entry of the death should be made in the same way. 

MARRIAGES

Signed.                         Person performing marriage                                Master or                                                                                                             Officer – in – Command

BIRTHS -  (See instructions)

DEATHS – (See Instructions on previous page)

Space for endorsement by Officer
who inquires into the
Circumstances attending a death

-------------------------------------------
 (Signature)

-------------------------------------------

 (Designation)
------------------------------------------ 

(Port)
------------------------------------------- 
                                   (Date)

 TIME OF OPENING AND CLOSING WATERTIGHT DOORS, ETC. 

            Record of the time of opening and closing any of the watertight doors side-scuttles, and other contrivances mentioned in paragraph I of the explanatory notice at the end of this log book and the relative notes. 

 PRACTICES OF OPENING AND CLOSING WATERTIGHT DOORS, ETC. 

            Record of every occasion of practicing the opening and closing of watertight doors, side scuttles, scuppers and other contrivances mentioned in paragraph II of the explanatory notice at the end of this log book and the relative notes. 

INSPECTION OF WATERTIGHT DOORS AND VALVES 

Record of every occasion on which the watertight doors and valves specified in paragraph III of the explanatory notice at the end of this log book are inspected. 

(Ratified by the Government of India, 19^th November, 1952) 

Supplementary requirements as to entries in official logs of passenger ships 

The above convention requires that the following entries shall be made the official log book of any sea-going passenger ships registered in India:- 

Time of opening and closing of watertight doors, etc.

I. A record of the time of opening and closing:-

1.                 Any watertight door operated by power which is fitted between bunkers in between the decks below the bulkhead deck [see Note (a) and (g)].

2.                 Any hinged watertight door in a main transverse bulkhead dividing cargo between deck spaces, if the sill of the door is below the margin line [see notes (b) and (h) ] .

3.                 Any side-scuttles whose stills are below the margin line and which will not be accessible while the steamer is at sea, together with their dead lights [see notes (b) and (h)].

4.                 Any gangway, cargo and coal ports, the sills of which are below the margin line [see notes (b) and (h)].

5.                 Any portable plate closing any opening in a bulkhead, being and opening which is wholly or partly below the margin line [see notes © and (h)].

6.                 All side-scuttles in any between deck space wherein the sill of any side-scuttle which can be opened is below a line situated a certain distance above the water at the time when the steamer proceeds to sea [see note (d)]. 

Practices of opening and closing of watertight doors

II. A record of every occasion on which the opening and closing of the watertight doors and other contrivances specified  below is practiced [see notes (e)]:- 

1.                 Watertight doors in main transverse bulkheads.

2.                 The side-scuttles and dead lights referred to in (3) above.

3.                 The side-scuttles referred to in I(6) above.

4.                 The covers and valves of ash shoots, rubbish shoots and other similar contrivances having their inboard opening below the margin line [see note (h)].

5.                 The closing mechanism, of all scuppers having their inboard opening below the margin line [see note (h)]. 

Inspection of watertight doors, etc 

III. A record of every occasion on which the watertight doors and other contrivances specified below are inspected [see note (f)]. 

1.                  All watertight doors in main transverse bulkheads and the mechanism and indicators connected therewith.

2.                 Every valve, the closing of which is necessary to make a compartment watertight [including valves fitted to watertight bulkheads and flats, as well as the valves referred to in II(4) and other valves fitted to the ship’s side below the margin line].

NOTES 

Opening and closing of doors, side-scuttles, etc. 

a)                  The doors as mentioned in paragraph I above are to be kept closed while the steamer is at sea, except so far as it is necessary to open them for the working of the steamer; when open they are to kept ready to be closed forthwith.

b)                  The doors, side-scuttles and port mentioned in paragraph I (2), (3) and (4) above are to be securely closed so as to be watertight before the steamer proceeds to sea, and shall always be kept closed while the steamer is at sea.

c)                  The portable plates mentioned in paragraph I (5) above shall be in place before the steamer proceeds to sea, and shall not be removed at sea except in case of urgent necessity.  In replacing any such plate, all reasonable precautions shall be taken t ensure that the joints are watertight.

d)                  The line referred to in paragraph I (6) above is an imaginary line drawn on the side of the steamer parallel to the bulkhead deck [defined in note (g) ] and having its lowest point 2 ½ per cent of the breadth of the ship, plus 4 ½ feet (or plus 3 ½ feet in the tropical zone or in a seasonal tropical area during the appropriate tropical period as defined in the Load Line Rule) above the water when the steamer proceeds to sea.

All side-scuttles in any between deck space in which the still of any side-scuttle of the opening type is below the line so defined must be securely closed so as to be watertight and must be locked before the steamer goes to sea, and must be kept closed and locked so long as the steamer remains at a draught at which the still of any such side-scuttle is below the line so defined.  

Practices 

e)                  Subject to what is stated in the foregoing Notes as to keeping certain doors and other contrivances closed at sea, the opening and closing of the contrivance mentioned in paragraph II above is to be practiced once a week and also before the steamer proceeds to sea on any voyage which is likely to last more than a week and the opening and closing of hinged or power-operated watertight doors which are in use is to be practiced daily while the steamer is at sea. 

Inspections 

f)                    All the contrivances mentioned in paragraph II above are to be inspected at least once a week. 

Definitions 

g)                 The bulkhead deck is the uppermost deck upto which the transverse watertight bulkheads are carried.

h)                 The margin line is a line drawn parallel to the bulkhead deck at side and 3 inches below the upper surface of that deck at side.

i)                   In order to simplify and shorten the entries in the Log-Book, it may be found convenient to refer to each particular door or other contrivance in the ship by a symbol or a number, and if this is done, the symbols or numbers should be detailed on page 1 of this Log-Book, together with the particulars of the contrivance to which each symbol or number refers.

INSTRUCTIONS TO MASTERS

I.   Agreements 

1.                 Every erasure, interlineations or alternation in this Agreement (except additions made for the purpose of shipping substitutes or persons engaged subsequent to the first departure of the ship) shall be wholly inoperative, unless proved to have been made with the consent of all persons interested in such erasure, interlineations or alternation by the written attestation, if made in India, of shipping.  Master or Customs Collector or, if made of India, with the consent of an Indian Consular Officer.

2.                 To enable the Crew to know the contents of the Agreement the Master, at the commencement of the voyage, is bound under a penalty of fifty rupees to have a legible copy (omitting the signatures) posted up at a conspicuous place in the ship which is accessible to the Crew.   

II.  Young persons and children 

3.                  The Agreement with the crew must include a list of all young persons under the age of 18 years who are Members of the Crew together with particulars of the dates of their Birth (see page ……..), The employment of children under the age of 15 years is prohibited. 

III.  Engagement of Crews and Seamen in India 

4.                 The Master of every foreign-going ship engaging a crew at a port in India, shall do so in the presence of a Shipping Master.

5.                 Before the engagement of the crew is proceeded with the Master must-

a)     Produce the Certificate of Competency for himself, his Mates, and his Engineers and Radio Officer, and

b)    Produce the apprentices destined for the voyage, together with their indentures.

c)     Produce the load line certificate and insert in the Agreement the particulars as to the positions of the deck line and load lines specified in the certificate. 

6.                 Upon the Master complying with the above-mentioned Regulations the shipping Master will, when the engagement of the Crew has been completed, give him a certificate for clearance outwards.

7.                 The Masters of every foreign-going ship, the crew of which has been engaged before a shipping Master, shall before finally leaving the port where the engagement took place, sign and send to the nearest Shipping Master, a full and accurate statement in the form sanctioned by the Government of India of every change which has taken place in his crew and in default shall for each offence incur a penalty not exceeding fifty rupees.  Such a statement shall be admissible in evidence.

8.                 In the case of  substitutes engaged in the place of Seaman who have 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 not, as soon afterwards as possible, cause the Agreement to be read over and explained to the substitutes, who shall thereupon sign the same in the presence of a witness, who shall attest their signatures.

9.                 when a substitutes is engaged as aforesaid, the Master shall, before engaging him, ensure that such Seaman is in possession of a valid Medical Certificate and, if there is in existence at that port a seaman’s Employment Office, that he is duly registered at that office.

10.             Carrying any Seaman to sea without entering into an Agreement subjects the Master to a penalty of one hundred rupees for each seaman. 

IV.  Engagement of Crews & Seamen abroad 

11.             When the Master of an India ship engages a Seaman at any port outside India, he shall, before carrying  the Seaman to sea, procure the sanction of the Indian Consular Officer, if any, at that port, and shall, if not contrary to any law in force at that port, engage the Seaman before that Officer.  The Master shall request the Indian Consular Officer to endorse upon the Agreement an attestation to the effect that it has been signed in his presence and otherwise made as required by the Merchant Shipping Act, 1958, and that it has his sanction; if such attestation is not made, the burden of proving that the engagement was made as required by the above-mentioned Act shall lie upon the Master.  If the above provisions are not complied with, the Master shall be liable for each offence to a fine which may extend to one hundred rupees.

12.             Where a seaman is transferred under this Agreement from one ship to another, the Master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to the Master of the other ship, along with the Seaman, all documents in his possession relating to the Seaman. 

V.  Premature discharge or leaving behind 

13.             The Master of a ship shall not discharge a Seaman before the expiration of the period for which he was engaged, unless the Seaman consents to his discharge, or, except in circumstances beyond his control, leave the Seaman behind without the authority of a Shipping Master or an Indian Consular Officer and shall obtain endorsed on the Agreement with the Crew, the certificate of such Officer stating that he has granted his authority and also the reason for the Seaman being discharged or left behind; the presence or absence of this certificate will largely determine the owner’s liability for the expenses incurred should the Seaman fall in distress. 

VI.  Advances 

14.             When advances are made to Members of the Crew during the voyage, the actual amounts advanced, together with the equivalent in Indian Currency and the rate of exchange, should always be recorded and entered in the account of wages.  The rate of exchange should be that current that the time and place or paying the advance, as endorsed on the Articles of Agreement by the Indian Consular Officer at the port.  To avoid disputes, Masters are requested to obtain the signature/thumb print from each individual Seaman for each advance of money or tobacco.  Cash advances are to be handed over to each Seaman personally. 

VII.   Death of Seaman or Apprentice on Board 

15.             whenever a Seaman or Apprentice engaged on a ship, (the voyage of which is to terminate in India), dies during such voyage, the Master shall report the death by cable or radio message to the next-of-kin of the Seaman or Apprentice and to the Shipping Master at the port of engagement and shall take charge of the money and effects of the Seaman or Apprentice which are on board, and shall enter in the Official Log-Book a statement of the money and a description  of the effects left by the deceased.

16.             The Master shall, if the ship before coming to India, touches and remains for forty-eight hours at some port elsewhere, report the death of the Seaman or Apprentice to the Indian Consular Officer at that port and, if required, shall hand over the property of the deceased to that officer.   Thereupon he shall obtain, endorsed on the Agreement, a certificate from that Officer stating that he has received the property of the deceased Seaman or Apprentice.

17.             within forty-eight hours of the Ship’s arrival at her final port of destination, in India or upon the discharge of the crew, whichever first happens, the Master should deliver to the shipping Master the Agreement, and the Official Log Book, an account of the wages and effects of any Seaman or Apprentice who has died on board during the voyage, whether he formed part of the Crew or not, any effects and the balance of wages or other moneys belonging to any such Seaman or Apprentice.  The Master should also deliver to the Shipping Master Certificate (Masters’, Mates, Engineers or Radio Officers’) of any Officer who has died or deserted during h voyage.  The shipping Master will then give a Certificate for the Purpose of clearance inwards.

18.             If the Master fails to take charge of the money or effects of a Seaman or Apprentice dying during a voyage or to make proper entries n respect thereof in the Official Log-Book or to make such payment or delivery or to give such account as hereinbefore stated, he shall be accountable for the money, wages and effects of the seaman or apprentice to the Shipping Master wages and effects of the seaman or apprentice to the shipping Master as aforesaid, and shall pay and deliver the same accordingly.  Such Master shall in addition incur a penalty which may extend to three times the value of the property not accounted for or if such value is not ascertained, to five hundred rupees, but such penalty shall not affect the Master’s liability to account for the property not accounted for.  All money, wages and effects of any Seaman or Apprentice dying during the voyage shall be recoverable in the same Court and in the same manner in which wages of Seaman may be recovered under the Merchant Shipping Act, 1958. 

VIII.   Discharge of Seaman and payment of wages 

19.             The Crew of every foreign-going ship, if discharged in India, must be discharged and paid their wages in the presence of a Shipping Master.  A contravention of this provision renders the Master or Owner liable to fine which may extend to one hundred rupees.

20.             The Master shall give every seaman (or leave with the Shipping Master on his behalf), an account, in the form prescribed, of his wages and of all deductions to be made therefrom, at least twenty-four hours before the time ;of payment or discharge, under a penalty of fifty rupees for non-compliance.  Deductions for fines, forfeitures, etc, which are sought to be made in this account must be proved by proper entries made in the Official Log Book.

21.             Upon paying off or discharging any seaman, the Master is bound, under a penalty which may extend to two hundred rupees, to give the seaman a Certificate of Discharge and to return  to any certificated Officer upon his discharge his Certificate  of Competency or service.

22.             Upon such paying off or discharge of any Seaman, the Master is required to enter in the Official Log Book a statement  of character for ability and general conduct or a statement that he declines to give an opinion on such particulars.  In the latter case, the reason for so declining shall also be recorded.

23.             Upon payment of wages being effected the Officer before whom seaman are discharged will require the seaman to sign in his presence a release from all claims in respect of the voyage just finished, subject to the right of any Member of the crew to except from the release signed by him any specified claim or demand in accordance with the provisions of Section 130 of the Merchant Shipping Act, 1958 (see …………………. Columns 22 to 24)  

[No. 3-ML (13)/62]
B.P. SRIVASTAVA, Dy. Secy.