MS ACT

MERCHANT SHIPPING ACT

APPLICATION OF MSA: APPLIES TO SHIPS,

1.      REGISTERED IN INDIA OR ARE REQUIRED TO BE REGISTERED IN INDIA AS PER THE ACT ITSELF,

2.      SHIPS OTHER THAN INDIAN SHIPS WHICH ARE IN INDIAN WATERS INCLUDING TERRITORIAL WATERS ALSO.

REGISTERATION OF SHIPS:

EVERY INDIAN SHIP OF MORE THAN 15 NRT IS REQUIRED TO BE REGISTERED.

A SHIP WHICH IS NOT REGISTERED SHALL NOT BE RECOGNISED AS AN INDIAN SHIP AND A SHIP REQUIRED TO BE REGISTERED UNDER THIS ACT, MAY BE DETAINED UNTIL THE MASTER PRODUCES THE COR.

AN INDIAN SHIP IS ONE WHICH IS OWNED BY:

1.      A CITIZEN OF INDIA,

2.      A COMPANY OR BODY ESTABILISHED UNDER THE STATE OR CENTRAL ACT, WHICH HAS ITS PLACE OF BUSINESS IN INDIA,

3.      A CO-OPERATIVE SOCIETY REGISTERED UNDER A CO-OPERATIVE SOCIETY ACT.

A REGISTRAR IS THE PRINCIPAL OFFICER AT MMD MUMBAI, KOLKATA, CHENNAI OR SURVEYOR INCHARGE OF MMD KOCHI AND MARMAGOA.

PROCEDURE FOR REGISTRATION OF SHIPS:

1.      APPLICATION: IF THE SHIP IS OWNED BY AN INDIVIDUAL THEN THE OWNER OR HIS AGENT SHOULD APPLY FOR REGISTRATION. IF JOINT OWNER THEN BY ONE OR MORE OWNERS OR THEIR AGENT, IF BY A CO-OPERATIVE SOCIETY THEN BY THE AGENT.

2.      SURVEYOR’S CERTIFICATE: A SHIP TO BE REGISTERED IS SURVEYED BY A SURVEYOR AND THE TONNAGE OF THE SHIP IS ASCERTAINED. TH ESURVEYOR THEN GIVES A CERTIFICATE STATING THE TONNAGE, BUILD OR OTHER PARTICULARS IN RESPECT OF THE IDENTITY OF THE SHIP. THIS CERTIFICATE HAS TO BE DELIVERED TO THE REGISTRAR BEFORE REGISTRY.

3.      MARKING: THE OWNER OF THE SHIP HAS TO GET THE SHIP MARKED PERMANENTLY AND CONSPICUOUSLY AS REQUIRED BY THE REGISTRAR.

4.      DECLARATION BY OWNER: THE OWNER OF THE SHIP HAS TO DECLARE IN A PRESCRIBED FORM THE FOLLOWING PARTICULARS:

1.      A STATEMENT THAT HE IS A CITIZEN OF INDIA,

2.      TIME AND PLACE OF SHIP BUILD,

3.      THE NAME OF THE MASTER,

4.      THE NUMBER OF SHARES IN THE SHIP OF THE OWNER OR THE COMPANY WHO CLAIMS TO BE THE OWNER OF THE SHIP,

5.      A STATEMENT THAT THE PARTICULARS ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF.

5.      BUILDER’S CERTIFICATE: A CERTIFICATE SIGNED BY THE BUILDER WHICH GIVES THE PROPER COST AND TONNAGE OF THE SHIP, THE NAME OF THE PERSON ON WHOSE ACCOUNT THE SHIP IS BUILT OR IF NOT A NEW SHIP THEN AN INSTRUMENT OF SALE.

ENTRIES MADE BY THE REGISTRAR IN THE REGISTER BOOK:

1.      NAME OF THE SHIP AND THE PORT TO WHICH IT BELONGS,

2.      DETAILS OF SURVEYOR CERTIFICATE,

3.      PARTICULARS IN THE DECLARATION MADE BY THE OWNER,

4.      NAME AND DESCRIPTION OF REGISTERED OWNERS OR OWNERS.

DOCUMENTS RETAINED BY THE REGISTRAR:

1.      THE SURVEYOR’S CERTIFICATE,

2.      THE BUILDER’S CERTIFICATE,

3.      IF NOT A NEW SHIP THEN AN INSTRUMENT OF SALE,

4.      ALL DECLARATIONS BY THE OWNER.

POWER TO GRANT NEW CERTIFICATE WHEN ORIGINAL CERTIFICATE IS DEFACED, LOST ETC

1.      IF THE ORIGINAL COR IS DEFACED, THEN THE REGISTRAR OF THE POR MAY ISSUE A NEW COR TO THE VESSEL ONLY AFTER THE DEFACED CERTIFICATE IS DELIVERED TO HIM.

2.      IF THE CERTIFICATE IS LOST, MISLAID OR DESTROYED OR IS IN THE CUSTOSY OF ANY OTHER PERSON AND THE OWNER IS UNABLE TO OBTAIN IT FROM HIM THEN THE REGISTRAR OF THR POR SHALL ISSUE A NEW CERTIFICATE IN LIEU OF THE ORIGINAL CERTIFICATE.

3.      IF A LOST, MISLAID CERTIFICATE IS LATER RECOVERED THEN THE VESSEL HAS TO BE DELIVERED TO THE POR TO BE CANCELLED.

4.      IF AT THE TIME OF ANY INCIDENT STATED IN 1 OR 2 ABOVE, THE VESSEL IS OUTSIDE INDIA THEN THE MASTER OR ANY OTHER PERSON WHO HAS A KNOWLEDGE ABOUT THE FACTS OF THE INCIDENT, MAKE A DECLARATION TO THE CONSULATE OFFICER, WHO IN TURN CAN ISSUE HIM A PROVISIONAL CERTIFICATE, WHICH IS VALID FOR A PERIOD OF 6 MONTHS.

5.      IF THE VESSEL WHICH HAS A PROVISIONAL CERTIFICATE ARRIVES IN ANY PORT IN INDIA, THEN THE MASTER SHALL DELIVER THE PROVISIONAL CERTIFICATE TO THE POR WITHIN 10 DAYS OF HER ARRIVAL AND THE REGISTRAR SHALL THEREON ISSUE A NEW COR.

PROVISIONAL CERTIFICATE IN LIEU OF A COR

1.      IF A VESSEL IS OUTSIDE INDIA AND BECOMES ENTITLED TO BE REGISTERED IN INDIA THEN THE INDIAN CONSULAR OFFICER CAN GRANT THE SHIP A PROVISIONAL CERTIFICATE IN LIEU OF A COR, AFTER THE MASTER HAS GIVEN HIM AN APPLICATION FOR SAME. A COPY OF SUCH CERTIFICATE HAS TO BE SENT TO THE DIRETOR-GENERAL.

2.      SUCH A PROVISIONAL CERTIFICATE SHALL BE VALID FOR A PERIOD OF 6 MONTHS OR TILL THE SHIP ARRIVES IN INDIA AT A PORT WHERE THERE IS A REGISTRAR, WHICHEVER HAPPENS FIRST.

TEMPORARY PASS IN LIEU OF A COR

IF THE CENTRAL GOVERNMENT FEELS THAT DUE TO SOME SPECIAL CIRCUMSTANCES, A VESSEL SHOULD BE GIVEN A PASS TO SAIL WITHOUT BEING REGISTERED IN ANY PORT OR IN ANY INDIAN PORT, THEN THE CENTRAL GOVERNMENT MAY AUTHORISE THE REGISTRAR OF THE FIRST MENTIONED PORT TO ISSUE A TEMPORARY PASS TO SUCH A SHIP IN THE PRESCRIBED FORMAT.THAT PASS SHALL FOR THE TIME AND LIMITS MENTIONED THEREIN HAVE THE SAME EFFECT AS A COR.

UNSEAWORTHY SHIP

A SHIP IS SAID UNSEAWORTHY:

1.      WHERE THE MATERIALS OF WHICH SHE IS MADE, HER CONSTRUCTION,

2.      THE QUALIFICATION OF THE MASTER, THE NUMBER, DESCRIPTION AND QUALIFICATION OF THE CREW INCLUDING OFFICERS,

3.      THE CONDITION OF HER HULL AND EQUIPMENT, BOILERS AND MACHINERY

ARE NOT SUCH SO AS TO RENDER HER FIT FOR THE PROPOSED VOYAGE OR SERVICE.

UNSAFE SHIP

AN UNSAFE SHIP

1.      IS BY REASON OF THE DEFECTIVE CONDITION OF HER HULL, EQUIPMENT OR MACHINERY,OR

2.      BY REASON OF OVERLOADING OR IMPROPER LOADING

UNFIT TO PROCEED TO SEA WITHOUT SERIOUS DANGER TO HUMAN LIFE FOR THE PROPOSED VOYAGE OR SERVICE.

ENTRIES TO BE MADE IN THE OFFICIAL LOGBOOK BY THE MASTER:

1.      WHENEVER AN OFFENCE IS COMMITTED BY A CREW MEMBER FOR WHICH A LEGAL CONVICTION IS GIVEN AND THE PUNISHMENT INFLICTED,

2.      WHENEVER AN OFFENCE IS COMMITTED FOR WHICH A FINE OR FORFEITURE IS IMPOSED ON THE CREW MEMBER,

3.      EVERY OFFENCE FOR WHICH A PUNISHMENT IS GIVEN ONBOARD AND THE PUNISHMENT GIVEN,

4.      REPORT OF THE QUALITY OF WORK BY HIS CREW OR IF THE MASTER DECLINES TO GIVE HIS OPINION THEN THE REASON FOR DECLINING,

5.      EVERY CASE OF ILLNES, INJURY OR ACCIDENT AND THE MEDICAL TREATMENT GIVEN ONBOARD,

6.      EVERY CASE OF DEATH ONBOARD TOGETHER WITH DESCRIPTIONS, NAME OF THE CREW, THE WAGES DUE, THE DESCRIPTION OF HIS PROPERTY,

7.      EVERY CASE OF BIRTH, THE SEX OF THE INFANT, NAME OF THE PARENTS AND OTHER PARTICULARS AS NECESSARY,

8.      EVERY CASE OF MARRIAGE TAKING PLACE ONBOARD WITH THE NAMES OF CONCERNED PARTIES,

9.      AN ENTRY TO BE MADE AFTER A CASE OF COLLISION, GIVING THE CAUSE OF THE COLLISION AND THE CIRCUMSTANCES UNDER WHICH IT OCCURRED. THE ENTRY SHALL BE SIGNED BY THE MASTER AND ONE WITNESS.

10.  ANY OTHER MATTER WHICH IS TO BE OR MAY BE PRESCRIBED FOR ENTRY IN THE OLB.

OFFENCES AGAINST DISCIPLINE

A SEAMAN LAWFULLY ENGAGED OR AN APPRENTICE SHALL BE GUILTY OF AN OFFENCE AGAINST DISCIPLINE IF HE COMMITS ANY OF THE FOLLOWING:

1.      IF HE QUITS THE SHIP WITHOUT LEAVE AFTER HER ARRIVAL AT HER PORT OF DELIVERY AND BEFORE SHE IS PLACED IN SECURITY,

2.      IF HE IS GUILTY OF WILFUL DISOBEDIENCE TO ANY LAWFUL COMMAND OR NEGLECT OF DUTY,

3.      IF HE IS GUILTY OF CONTINUED WILFUL DISOBEDIENCE TO ANY LAWFUL COMMAND OR CONTINUED NEGLECT OF DUTY,

4.      IF HE ASSAULTS THE MASTER OR ANY OTHER OFFICER ONBOARD,

5.      IF HE COMBINES WITH ANY OTHER CREW MEMBER TO WILFUL DISOBEDIENCE TO ANY LAWFUL COMMAND OR NEGLECT OF DUTY OR IMPEDE WITH THE NAVIGATION OF THE SHIP OR RETARD THE PROGRESS OF THE VOYAGE.

6.      IF HE WILFULLY DAMAGES THE SHIP OR COMMITS A CRIMINAL ACT OR BREACHES THE TRUST IN RESPECT OF, OR WILFULLY DAMAGES THE SHIPS STORES OR CARGO.

SPECIAL TRADE PASSENGER SHIP

A PASSENGER SHIP CAN CARRY MAXIMUM 8 PASSENGERS IN A SPACE. A SPECIAL TRADE PASSENGER IS A PASSENGER CARRIED ON A STP SHIP IN SPACES ON WEATHER DECK OR UPPER DECK OR BETWEEN DECKS IN A SPACE WHICH ACCOMODATES MORE THAN 8 PASSENGER WHICH INCLUDES A PILGRIM OR A PERSON ACCOMPANYING A PILGRIM

A SPECIAL TRADE PASSENGER SHIP IS A MECHANICALLY PROPELLED SHIP CARRYING MORE THAN 30 SPECIAL TRADE PASSENGERS.

CERTIFICATE A

1.      HAS A VALIDITY OF 1 YEAR,

2.      STATES THAT THE SHIP IS SEAWORTHY,

3.      STATES THAT THE SHIP IS PROPERLY EQUIPPED, FITTED AND VENTILATED,

4.      STATES THE NUMBER OF STPs THE SHIP IS CERTIFIED TO CARRY.

5.      A COPY OF THE CERTIFICATE A SHALL BE POSTED UP IN A CONSPICUOUS PART OF THE SHIP.

CERTIFICATE B SHALL STATE:

1.      THE VOYAGE THE SHIP IS TO MAKE AND THE INTERMEDIATE PORT CALLS,

2.      THE SHIP IS PROPERLY MANNED INCLUDING THE REQUIRED NUMBER OF MEDICAL OFFICERS,

3.      THE SHIP HAS A VALID CERTIFICATE OF SURVEY AS REQUIRED UNDER SECTION 225 OF THE ACT AND CERTIFICATE A,

4.      THAT THERE IS ADEQUATE AMOUNT OF WATER AND FOOD OF THE PRESCRIBED QUALITY FOR CREW AND PASSENGERS FOR EXPECTED DURATION OF THE VOYAGE (INCLUDING PROBABLE QUARANTINE DETENTION),

5.      IF THE VOYAGE IS IN A FOUL WEATHER THEN SHE HAS SUBSTANTIAL BULWARKS AND DOUBLE AWNINGS FOR PASSENGER PROTECTION.

ENGAGEMENT OF CREW

A SEAMEN AS NOT TO BE ENGAGED IN ANY SHIP UNLESS:

1.      HE POSSESSES THE PRESCRIBED QUALIFICATION,

2.      HE HAS A CERTIFICATE OF MEDICAL FITNESS ISSUED BY A CERTIFIED AUTHORITY,

3.      HE IS IN POSSESSION OF A VALID CDC OTHER THAN FOR A HOME TRADE SHIP OF LESS THAN 200 GRT A CDC IS NOT REQUIRED.

4.      IF ENGAGED IN INDIA SHOULD BE MADE BEFORE THE SHIPPING MASTER,

5.      IF ENGAGED OUTSIDE INDIA SHOULD BE MADE BEFORE THE INDIAN CONSULATE OFFICER.

DISCHARGE OF SEAMEN

1.      DISCHARGE OF A SEAMAN OF A FOREIGN GOING SHIP ON TERMINATION OF THE CONTRACT IN INDIA HAS TO BE DONE BEFORE THE SHIPPING MASTER,

2.      DISCHARGE OF A SEAMAN OF A FOREIGN GOING SHIP ON TERMINATION OF THE CONTRACT OUTSIDE INDIA SHALL BE DONE BEFORE THE INDIAN CONSULATE OFFICER,

3.      THE MASTER OF THE SHIP SHALL GIVE THE SEAMAN A CERTIFICATE OF DISCHARGE STATING THE TIME AND PLACE OF DISCHARGE AND RETURN HIS CERTIFICATE OF COMPETENCY TO HIM,

4.      THE MASTER MUST FURNISH WITH A REPORT TO THE SHIPPING MASTER ON DISCHARGE OF A SEAMAN, THIS REPORT SHALL INCLUDE:

1.      QUALITY OF WORK,

2.      WHETHER THE SEAMAN HAS FULFILLED HIS OBLIGATIONS UNDER THE ARTICLES OF AGREEMENT,

3.      IF THE MASTER DECLINES TO EXPRESS HIS OPINION ON THE PARTICULARS THEN HE HAS TO MAKE AN ENTRY IN THE OFFICIAL LOG BOOK WITH THE REASON FOR DECLINING,

5.      THE MASTER SHALL NOT DISCHARGE OR LEAVE BEHIND A SEAMAN PRIOR TO COMPLETION OF HIS ENGAGEMENT WITHOUT THE CONSENT OF THE SEAMAN,

6.      IF THE SERVICE OF THE SEAMAN IS TERMINATED AT A PORT OUTSIDE INDIA WITHOUT THE CONSENT OF THE SEAMAN, PRIOR TO COMPLETION OF HIS ENGAGEMENT, THEN HE IS ENTITLED TO REPATRIATION TO A PORT IN INDIA, ALL ARRANGEMENT FOR THAT TO BE MADE BY THE OWNER OR THE MASTER. IF THE MASER OR OWNER OR AGENT FAILS TO MAKE SUCH ARRANGEMENTS THEN THE SEAMAN CAN MAKE SUCH ARRANGEMENTS ON HIS OWN BUT THE AMOUNT CAN BE RECOVERED FROM THE OWNERS OR THE ARRANGEMENTS CAN BE MADE BY THE INDIAN CONSULATE OFFICER AND IT CONSTITUTES A DEBT TO OWNERS.

ARTICLES OF AGREEMENT

THE ARTICLES OF AGREEMENT SHALL BE IN A PRESCRIBED FORMAT AND SHALL BE DATED AT THE TIME OF FIRST SIGNATURE THEREOF, AND SHALL BE SIGNED BY THE OWNER OR AGENT OR THE MASTER BEFORE THE SEAMAN SIGNS IT.

THE AGREEMENT SHALL CONTAIN:

1.      THE NAME OF THE SHIP THE CREW IS ENGAGED UPON,

2.      THE NATURE AND DURATION OF THE VOYAGE OR ENGAGEMENT OR THE MAXIMUM PERIOD OF VOYAGE OR ENGAGEMENT OR THE PLACES OR COUNTRIES, IF ANY, WHERE THE VOYAGE WILL NOT EXTEND,

3.      THE NUMBER AND DESCRIPTION OF CREW IN EACH DEPARTMENT,

4.      THE TIME AT WHICH THE SEAMEN ARE TO BE ONBOARD OR BEGIN WORK,

5.      THE CAPACITY IN WHICH THE SEAMAN WILL SERVE,

6.      THE WAGES THE SEAMAN WILL GET,

7.      THE PROVISIONS THE SEAMAN WILL GET,

8.      ANY WARM CLOTHING THE SEAMAN WILL GET IF THE VESSEL IS TRADING IS SPECIFIED COLD REGION,

9.      REGULATIONS TO CONDUCT ONBOARD AND FINES OR LIABILITIES FOR MISCONDUCT,

10.  PAYMENT OF COMPENSATION FOR ANY INJURY OR DEATH CAUSED BY AN ACCIDENT ARISING OUT OF AND IN COURSE OF EMPLOYEMENT,

11.  WHERE IT IS AGREED THAT THE SERVICES OF SEAMAN SHALL END AT ANY PORT NOT IN INDIA, THEN A STIPULATION THAT THE SEAMAN WILL BE PROVIDED A FIT EMPLOYEMENT ONBOARD SOME OTHER SHIP WHICH IS BOUND TO THAT PORT OR SOME OTHER PORT AS AGREED UPON OR TRANSFER TO THAT PORT FREE OF CHARGE BY SOME OTHER MEANS.

DESERTERS

1.      IF A SEAMAN DESERTS A SHIP THEN A STATEMENT HAS TO BE MADE IN THE OFFICIAL LOGBOOK, THE STATEMENT SHALL INCLUDE:

1.      NAME AND DESIGNATION OF THE DESERTED SEAMAN,

2.      PLACE AND TIME WHEN HE DESERTED THE SHIP,

3.      AN ACCOUNT OF HIS WAGES DUE,

4.      AN INVENTORY OF THE PROPERTY LEFT BEHIND BY THE SEAMAN,

2.      WITHIN 48 HOURS OF THE VESSELS ARRIVAL IN INDIA, THE MASTER SHALL DELIVER A STATEMENT TO THE SHIPPING MASTER, THE STATEMENT SHALL INCLUDE ALL THE ABOVE DATA,

3.      A STATEMENT OF EXPENSES INCURRED BY THE OWNERS OR THE MASTER DUE TO THE SEAMAN DESERTING THE SHIP SHALL ALSO BE DELIVERED TO THE SHIPPING MASTER.

4.      AFTER DELIVERING SUCH A STATEMENT, THE MASTER SHALL TAKE A RECEIPT OF SUCH DELIVERY FROM THE SHIPPING MASTER,

5.      THE MASTER IS ENTITLED TO RECOVER SUCH EXPENSES FROM THE DESERTERS WAGES DUE OR FROM HIS PROPERTY LEFT BEHIND.

DECEASED SEAMAN

A SEAMAN WHO DIES DURING THE VOYAGE WHETHER THE SHIP IS CALLING TO INDIA OR ANY OTHER PORT OUTSIDE INDIA IS KNOWN AS A DECEASED SEAMAN.

A MASTER SHALL:

1.      REPORT TO THE NEXT OF KIN OF THE DECEASED SEAMAN,

2.      REPORT TO THE SHIPPING MASTER OF THE PORT OF ENGAGEMENT OR PORT OF DISCHARGE,

3.      TAKE CHARGE OF ALL HIS PROPERTY AND MONEY LEFT BEHIND AND MAKE AN INVENTORY OF THE SAME,

4.      THE DEAD BODY OF THE SEAMAN SHALL BE RETAINED ONBOARD UNTIL THE VESSEL CALLS NEXT PORT, IN NO CASE, SHALL HIS BODY BE GIVEN A SEA BURIAL,

5.      AN ENTRY SHALL BE MADE IN THE OFFICIAL LOGBOOK ABOUT:

1.      THE PROPERTY OF THE DECEASED SEAMAN AND HIS MONEY LEFT BEHIND WITH DESCRIPTION,

2.      THE AMOUNT DUE TO THE SEAMAN AND ANY DEDUCTIONS TO BE MADE FROM THE WAGES WITH PROPER VOUCHERS FOR SAME,

6.      IF THE SHIP IS CALLING ANOTHER PORT BEFORE CALLING INDIA AND REMAIN THERE FOR MORE THAN 48 HOURS THEN THE MASTER HAS TO REPORT THE CASE TO THE INDIAN CONSULATE OFFICER, THE CONSULATE OFFICER MAY REQUIRE THE PROPERTY OF THE SEAMAN TO BE HANDED OVER TO HIM AND SHALL GIVE A RECEIPT OF THE SAME TO THE MASTER. THE MASTER HAS TO SHOW THE RECEIPT TO THE SHIPPING MASTER ONCE THE VESSEL CALLS AN INDIAN PORT.

7.      IF THE VESSEL IS CALLING AN INDIAN PORT THEN THE MASTER HAS TO REPORT THE CASE TO THE SHIPPING MASTER AND HAND OVER THE PROPERTY AND PAYMENT OF THE DECEASED SEAMAN TO HIM WITHIN 48 HOURS OF ARRIVAL. THE SHIPPING MASTER SHALL IN TURN GIVE THE MASTER A CERTIFICATE OF DUE COMPLIANCE WITH THE PROVISIONS.

8.      IF THE WAGES ARE NOT SETTLED, THEN THE MATTER CAN BE TAKEN TO THE COURT AND SETTLED AS IN THE CASE OF RECOERY OF WAGES,

9.      IF THE PROPERTY OF THE DECEASED SEAMAN IS LEFT ABROAD THEN THE CONSULATE OFFICER AT OR NEAR THE PLACE SHALL CLAIM THE PROPERTY AND TAKE CHARGE OF THE MONEY AND PROPERTY.

DISTRESSED SEAMAN

1.      A SEAMAN WHO HAS BEEN ENGAGED UNDER THIS ACT AND HAS BEEN LEFT BEHIND OR DISCHARGED OR SHIPWRECKED, ANY SHIP, OUTSIDE INDIA, IS IN DISTRESS AT THAT PLACE,

2.      THE INDIAN CONSULATE OFFICER AT OR NEAR THE PLACE SHALL PROVIDE THE SEAMAN RETURN TO A PROPER PORT IN INDIA AND ALSO NECESSARY CLOTHING AND MAINTENANCE UNTIL HIS ARRIVAL AT SUCH PORT,

3.      ANY REPATRIATION EXPENSES, OTHER THAN EXCEPTED EXPENSES INCURRED BY THE INDIAN CONSULAR OFFICER CONSTITUTE A DEBT TO THE CENTRAL GOVERNMENT, WHICH IS RECOVERABLE FROM THE OWNER OR AGENT OF THE SHIP WHERE THE DISTRESSED SEAMAN WAS ENGAGED, AND SUCH EXPENSES ARE NOT RECOVERABLE FROM THE CREW MEMBER,

4.      ANY EXCEPTED EXPENSES INCURRED BY THE INDIAN CONSULAR OFFICER SHALL CONSTITUTE A DEBT TO THE CENTRAL GOVERNMENT, WHICH ARE RECOVERABLE FROM THE OWNER OR AGENT OF THE SHIP WHERE THE DISTRESSED SEAMAN WAS ENGAGED AND THE SAME CAN BE RECOVERED THE CREW MEMBER’S WAGES DUE,

5.      THE ACCOUNT OF EXPENSES AND THE PROOF OF PAYMENT ON BEHALF OF THE CENTRAL GOVERNMENT SHALL BE PRIMA FACIE EVIDENCE OF THE EXPENSES INCURRED BY THE CENTRAL GOVERNMENT,

6.      THE DISTRESSED SEAMAN CAN BE SENT TO A PROPER RETURN PORT BY SEA / AIR / ROAD OR PARTLY BY ANY OF THESE MEANS,

7.      IF HE IS SENT BY SEA THEN HE CAN BE EMPLOYED AS A CREW MEMBER ON ANOTHER SHIP IN NEED OF MEN TO MAKE UP FOR THE COMPLIMENT OR BY PROVIDING HIM PASSAGE ON THE SHIP WITH MONEY FOR THE PASSAGE EXPENSES, AND HIS MAINTENANCE,

8.      THE MASTER OF THE SHIP RECEIVING THE DISTRESSED SEAMAN SHALL PROVIDE HIM THE ACCOMODATION EQUAL TO HIS RANK DURING THE PASSAGE.

COMPENSATION OF WAGES

IF THE SEAMAN WHO HAS SIGNED AN ENGAGEMENT IS DISCHARGED, WITHOUT HIS CONSENT OR FAULT ON HIS PART THEN HE IS ENTITLED FOR COMPENSATION IN ADDITION TO THE WAGES HE AS EARNED. SUCH SUM SHALL BE DECIDED BY THE SHIPPING MASTER HAVING REGARD TO THE CIRCUMSTANCES RELATING TO THE DISCHARGE, SHALL NOT EXCEED:

1.      IF THE SEAMAN IS DISCHARGED PRIOR TO COMMENCEMENT OF VOYAGE, ONE MONTH’S WAGES,

2.      IF THE SEAMAN IS DISCHARGED AFTER THE COMMENCEMENT OF THE VOYAGE, THE MONTH’S WAGES.

MARINE CASUALTY

FOR THE PURPOSE OF INVESTIGATION OR INQUIRIES A SHIPPING CASUALTY SHALL BE DEEMED TO OCCUR WHEN:

1.      ON OR NEAR THE COAST OF INDIA ANY SHIP IS LOST, STRANDED, ABANDONED OR MATERIALLY DAMAGED,

2.      ON OR NEAR THE COAST OF INDIA ANY SHIP CAUSES LOSS OR MATERIAL DAMAGE TO ANOTHER SHIP,

3.      ANY LOSS OF LIFE BY ANY INCIDENT ONBOARD A SHIP ON OR NEAR THE COAST OF INDIA,

4.      ON OR NEAR THE COAST OF INDIA ANY SHIP CAUSES DAMAGE TO THE ENVIRONMENT,

5.      AT ANY PLACE, ANY SUCH LOSS, MATERIAL DAMAGE, ABANDONMENT, STRANDING OCCURS TO OR ONBOARD AN INDIAN SHIP AND ANY COMPETENT WITNESS IS FOUND IN INDIA,

6.      ANY INDIAN SHIP LOST OR SUPPOSED TO HAVE BEEN LOST AND ANY EVIDENCE IS OBTAINABLE IN INDIA AS TO THE CIRCUMSTANCES UNDER WHICH SHE PROCEEDED TO SEA OR WAS LAST HEARD OF.

DUTIES OF A SHIPPING MASTER

IT SHALL BE THE DUTY OF THE SHIPPING MASTER:

1.      TO SUPERVISE AND FACILITATE THE ENGAGEMENT AND DISCHARGE OF SEAMEN IN THE MANNER PROVIDED IN THIS ACT,

2.      TO PROVIDE MEANS FOR SECURING THE PRESENCE ONBOARD AT THE PROPER TIMES OF THE SEAMEN WHO ARE SO ENGAGED,

3.      TO FACILITATE THE MAKING OF APPRENTICESHIP TO THE SEA-SERVICE,

4.      TO HEAR AND DECIDE DISPUTES BETWEEN THE MASTER, OWNER OR AGENT OF THE SHIP AND THE CREW OF THE SHIP,

5.      TO PERFORM SUCH OTHER DUTIES RELATING TO SEAMEN, APRENTICES AND MERCHANT SHIPS AS ARE COMMITTED TO THEM BY THIS ACT.

BUSINESS OF SEAMEN’S EMPLOYEMENT OFFICES:

IT SHALL BE THE BUSINESS OF THE SEAMEN EMPLOYEMENT OFFICES:

1.      TO REGULATE AND CONTROL

1.      THE SUPPLY OF SUCH CATEGORIES OF SEAMEN AND FOR SUCH CLASS OF THE SHIPS AS MAY BE PRESCRIBED,

2.      THE RECRUITMENT OF PERSONS FOR THE EMPLOYEMENT OF SEAMEN AND THE RETIREMENT OF SEAMEN FROM SUCH EMPLOYEMENT,

3.      THE PROMOTION OF SEAMEN OR CHANGES OF THEIR CATEGORIES,

2.      TO MAINTAIN REGISTERS OF SEAMEN IN RESPECT OF THE CATEGORIES PRESCRIBED UNDER THIS ACT,

3.      TO PERFORM SUCH OTHER DUTIES RELATING TO SEAMEN AS ARE, FROM TIME TO TIME, COMMITTED TO THEM BY THIS ACT.

CIRCUMSTANCES UNDER WHICH A SEAMAN’S CDC BE CANCELLED

1.      IF IT IS SHOWN TO THE SATISFACTION OF A PROPER OFFICER THAT A SEAMAN HAS DESERTED HIS SHIP OR HAS ABSENTED HIMSELF WITHOUT LEAVE OR WITHOUT SUFFICIENT REASON FROM HIS SHIP OR DUTY, THE PROPER OFFICER SHALL FORWARD A REPORT TO THE DIRECTOR-GENERAL, WHO MAY THEREUPON DIRECT THAT THE SEAMAN’S CDC BE SUSPENDED.

2.      IF THE SEAMAN LAWFULLY ENGAGED IS CONVICTED OF SMUGGLING DRUGS OR NARCOTICS, THE DIRECTOR GENERAL MAY DIRECT THAT THE SEAMAN’S CDC BE SUSPENDED,

3.      A SEAMAN LAWFULLY ENGAGED OR AN APPRENTICE SHALL BE GUILTY OF AN OFFENCE AGAINST DISCIPLINE AND HIS CDC MAY BE CANCELLED IF HE COMMITS ANY OF THE FOLLOWING:

1. IF HE QUITS THE SHIP WITHOUT LEAVE AFTER HER ARRIVAL AT HER PORT OF DELIVERY AND BEFORE SHE IS PLACED IN SECURITY,
2. IF HE IS GUILTY OF WILFUL DISOBEDIENCE TO ANY LAWFUL COMMAND OR NEGLECT OF DUTY,
3. IF HE IS GUILTY OF CONTINUED WILFUL DISOBEDIENCE TO ANY LAWFUL COMMAND OR CONTINUED NEGLECT OF DUTY,
4. IF HE ASSAULTS THE MASTER OR ANY OTHER OFFICER ONBOARD,
5. IF HE COMBINES WITH ANY OTHER CREW MEMBER TO WILFUL DISOBEDIENCE TO ANY LAWFUL COMMAND OR NEGLECT OF DUTY OR IMPEDE WITH THE NAVIGATION OF THE SHIP OR RETARD THE PROGRESS OF THE VOYAGE.
6. IF HE WILFULLY DAMAGES THE SHIP OR COMMITS A CRIMINAL ACT OR BREACHES THE TRUST IN RESPECT OF, OR WILFULLY DAMAGES THE SHIPS STORES OR CARGO.