The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 81 Wages and property of deceased seafarers and seafarers left behind.
If any seafarer is left behind or lost overboard or is deceased, the master shall enter in the official logbook a statement of the amount due to the seafarer in respect of wages at the time when he was left behind or lost overboard or is deceased, and of all property left onboard by him, and shall take such property into his charge and discharge the property in such manner as may be prescribed.
Section 82 Certain undisbursed amounts to be utilised for welfare of seafarers.
Any amount deposited with or recovered by the shipping master as wages or for making payment in accordance with the allotment note made by a seafarer or for being paid to a seafarer or his nominee may, if such amount remains unclaimed with the shipping master for a period of not less than six years, be utilised for the welfare of seafarer in such manner and subject to such restrictions and conditions as may be prescribed.
Section 83 Shipping master to adjudicate disputes involving seafarer.
(1) Where under the agreement with the seafarer any dispute arises between the master, ship owner or his agent and any of the seafarer of the vessel, it shall be submitted to the shipping master.
(2) Any dispute of an Indian seafarer, on a vessel registered in a State other than India, in the territorial waters of India, with the master or ship owner or his agent, may be submitted to the shipping master.
(3) The shipping master shall hear and after giving the parties an opportunity to be heard, decide the dispute submitted under sub-section (1) or sub-section (2), pass an award in writing containing reasons, within a period of thirty days which shall be conclusive as to the rights of parties and any document relating to such dispute or award itself shall be prima facie evidence thereof:
Provided that if the shipping master does not pass an award within thirty days from the date of receipt of the dispute for sufficient cause, the shipping master may pass an award within a further period of thirty days.
(4) The award passed by the shipping master shall be enforceable in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of court.
(5) Nothing in the Arbitration and Conciliation Act, 1996 (22 of 1996) shall apply to any matter submitted to a shipping master for decision under this section.
(2) Any dispute of an Indian seafarer, on a vessel registered in a State other than India, in the territorial waters of India, with the master or ship owner or his agent, may be submitted to the shipping master.
(3) The shipping master shall hear and after giving the parties an opportunity to be heard, decide the dispute submitted under sub-section (1) or sub-section (2), pass an award in writing containing reasons, within a period of thirty days which shall be conclusive as to the rights of parties and any document relating to such dispute or award itself shall be prima facie evidence thereof:
Provided that if the shipping master does not pass an award within thirty days from the date of receipt of the dispute for sufficient cause, the shipping master may pass an award within a further period of thirty days.
(4) The award passed by the shipping master shall be enforceable in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of court.
(5) Nothing in the Arbitration and Conciliation Act, 1996 (22 of 1996) shall apply to any matter submitted to a shipping master for decision under this section.
Section 84 Power of shipping master to require production of documents.
In any proceedings under this Act before a shipping master relating to the wages, claims or discharge of a seafarer, the shipping master may require the ship owner or his agent, master or seafarer to produce any logbooks, papers, or other documents in his possession or in his power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons.
Section 85 Wages not recoverable outside India in certain cases.
Where a seafarer is engaged for a voyage which is to terminate in India, he shall not be entitled to sue in any court outside India for wages unless he is discharged with such sanction as is required by this Act and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain onboard.
Section 86 Summary proceedings for wages.
(1) A seafarer or a person duly authorised by him, as soon as any wages due to him become payable but not paid, may apply to any Judicial Magistrate of the first class exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and such Magistrate shall try the case summarily and the order made by such Magistrate in the matter shall be final.
(2) An application under sub-section (1) may also be made by any officer authorised by the Central Government in this behalf by general or special order.
(2) An application under sub-section (1) may also be made by any officer authorised by the Central Government in this behalf by general or special order.
Section 87 Restrictions on suits for wages.
A proceeding for the recovery of wages due to a seafarer shall not be instituted by or on behalf of any seafarer in any civil court except where,---
(a) the ship owner has been declared insolvent;
(b) the vessel is under arrest or sold by the authority of any court; or
(c) a Judicial Magistrate of the first class refers a claim to the court.
(a) the ship owner has been declared insolvent;
(b) the vessel is under arrest or sold by the authority of any court; or
(c) a Judicial Magistrate of the first class refers a claim to the court.
Section 88 Remedies of master for wages, disbursements, etc.
(1) The master of a vessel shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages as a seafarer has under this Act or by any law or custom.
(2) Every master shall have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the vessel as such master has for the recovery of his wages.
(3) Every person lawfully acting as master of a vessel by reason of the disease or incapacity from illness, of the master of such vessel shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the vessel as a master has for the recovery of his wages.
(2) Every master shall have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the vessel as such master has for the recovery of his wages.
(3) Every person lawfully acting as master of a vessel by reason of the disease or incapacity from illness, of the master of such vessel shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the vessel as a master has for the recovery of his wages.
Section 89 Power to refer disputes between seafarers and employers to Tribunal.
(1) Where the Central Government is of the opinion that any dispute between seafarer or any class of seafarers or of any union of seafarers and the ship owners in which such seafarers are employed or are likely to be employed exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seafarers, the Central Government may, by notification, constitute a Tribunal consisting of one or more persons, having such qualifications and experience as may be prescribed including having knowledge of maritime matters*, and refer the dispute to the Tribunal for adjudication.
(2) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice.
(3) The Tribunal shall also not be bound by the rules of evidence contained in the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023).
(4) The Tribunal shall, for the purposes of discharging its functions under this Act, have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:---
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses;
(e) any other matter which is required to be or may be prescribed.
(5) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 229 and section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
(6) No party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the Tribunal except with the consent of the other party or parties to the proceeding and with the leave of the Tribunal.
(7) The Tribunal shall dispose of the reference and submit its award to the Central Government within such period as may be prescribed.
(8) On receipt of the award, the Central Government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:
Provided that where the Central Government is of the opinion that it shall be inexpedient on the grounds of public interest to give effect to the award or any part of it, it may, before the expiry of the said period of thirty days by order in the Official Gazette, either reject the award or modify it, and where the Central Government does so, the award shall not become enforceable or shall become enforceable subject to such modifications.
(9) An award which has become enforceable under this section shall be binding on---
(a) all parties to the dispute;
(b) where any party to the dispute is the ship owner, his heirs, successors, or assignees.
(10) Save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.
(11) Unless otherwise directed by the Central Government, the Tribunal shall cease to exist on the expiry of a period of thirty days after publication of the award.
(12) Any money due to a seafarer from the ship owner under an award may be recovered as wages.
(13) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947) shall apply to any dispute between seafarers or any class of seafarers or any union of seafarers and the ship owners in respect of the ship in which such seafarers are employed or are likely to be employed.
(14) During the pendency of proceedings under this section,---
(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the vessels in which the seafarer is employed or is likely to be employed; and
(b) no ship owner shall,---
(i) alter to the prejudice of the seafarers concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or
(ii) discharge or punish any seafarer in respect of any matter connected with the dispute.
(2) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice.
(3) The Tribunal shall also not be bound by the rules of evidence contained in the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023).
(4) The Tribunal shall, for the purposes of discharging its functions under this Act, have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:---
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses;
(e) any other matter which is required to be or may be prescribed.
(5) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 229 and section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
(6) No party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the Tribunal except with the consent of the other party or parties to the proceeding and with the leave of the Tribunal.
(7) The Tribunal shall dispose of the reference and submit its award to the Central Government within such period as may be prescribed.
(8) On receipt of the award, the Central Government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:
Provided that where the Central Government is of the opinion that it shall be inexpedient on the grounds of public interest to give effect to the award or any part of it, it may, before the expiry of the said period of thirty days by order in the Official Gazette, either reject the award or modify it, and where the Central Government does so, the award shall not become enforceable or shall become enforceable subject to such modifications.
(9) An award which has become enforceable under this section shall be binding on---
(a) all parties to the dispute;
(b) where any party to the dispute is the ship owner, his heirs, successors, or assignees.
(10) Save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.
(11) Unless otherwise directed by the Central Government, the Tribunal shall cease to exist on the expiry of a period of thirty days after publication of the award.
(12) Any money due to a seafarer from the ship owner under an award may be recovered as wages.
(13) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947) shall apply to any dispute between seafarers or any class of seafarers or any union of seafarers and the ship owners in respect of the ship in which such seafarers are employed or are likely to be employed.
(14) During the pendency of proceedings under this section,---
(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the vessels in which the seafarer is employed or is likely to be employed; and
(b) no ship owner shall,---
(i) alter to the prejudice of the seafarers concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or
(ii) discharge or punish any seafarer in respect of any matter connected with the dispute.
* by corrigenda
Section 90 Recovery of wages, etc., of seafarers lost with vessel.
Where a seafarer is missing or lost with the vessel to which he belongs, the Central Government or such officer as the Central Government may appoint in this behalf may recover the wages and the compensation due to him from the master or ship owner or his agent in the same court and in the same manner in which the seafarer's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seafarers under this Act.
Section 91 Relief and maintenance of abandoned seafarers.
(1) The Indian ambassador at or near the place where a seafarer is abandoned shall, on an application being made to him by the abandoned seafarer, provide in accordance with the rules made under this Act for the return of that seafarer to a proper return port and also for his necessary clothing and maintenance until his arrival at such port.
(2) An abandoned seafarer shall not have any right to be maintained or sent to a proper return port except to the extent and subject to such conditions as may be prescribed.
(3) All repatriation expenses, other than excepted expenses, incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the ship owner or his agent or the vessel to which the seafarer in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming an abandoned seafarer shall be liable, and the ship owner or his agent shall not be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt.
(4) All excepted expenses incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the seafarer in respect of whom they were incurred and the ship owner or his agent or the vessel to which that seafarer belonged at the time of his discharge or other event which resulted in his becoming an abandoned seafarer shall be jointly and severally liable, and the ship owner or his agent shall be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer.
(5) All excepted expenses incurred in accordance with the provisions of this Act in respect of any abandoned seafarer by the ship owner or his agent or the vessel to which he belonged at the time of his discharge or other event which resulted in his becoming an abandoned seafarer shall constitute a debt due to the ship owner or his agent for which the seafarer shall be liable, and the ship owner or his agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer but he shall not be entitled to recover from the seafarer any repatriation expenses other than excepted expenses.
(6) In any proceedings for the recovery of any expenses which in terms of sub-section (3) or sub-section (4) are a debt due to the Central Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.
(7) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as the wages are recoverable under section 86.
Explanation.---For the purposes of this section,---
(a) "excepted expenses" means repatriation expenses incurred in cases where the cause of the seafarer being left behind is desertion or absence without leave or imprisonment for misconduct or discharge from his vessel on the grounds of misconduct;
(b) " repatriation expenses" means expenses incurred in returning an abandoned seafarer to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of a shipwrecked seafarer, the repayment of expenses incurred in conveying him to a port after shipwreck and maintaining him while being so conveyed;
(c) "shipping master" means a shipping master,---
(i) for the port at which the seafarer entered into, or is believed to have entered into, an agreement; or
(ii) where the seafarer did not enter into an agreement in India, for the port to which the seafarer has returned, or is expected to return, on the completion of his latest voyage.
(2) An abandoned seafarer shall not have any right to be maintained or sent to a proper return port except to the extent and subject to such conditions as may be prescribed.
(3) All repatriation expenses, other than excepted expenses, incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the ship owner or his agent or the vessel to which the seafarer in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming an abandoned seafarer shall be liable, and the ship owner or his agent shall not be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt.
(4) All excepted expenses incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the seafarer in respect of whom they were incurred and the ship owner or his agent or the vessel to which that seafarer belonged at the time of his discharge or other event which resulted in his becoming an abandoned seafarer shall be jointly and severally liable, and the ship owner or his agent shall be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer.
(5) All excepted expenses incurred in accordance with the provisions of this Act in respect of any abandoned seafarer by the ship owner or his agent or the vessel to which he belonged at the time of his discharge or other event which resulted in his becoming an abandoned seafarer shall constitute a debt due to the ship owner or his agent for which the seafarer shall be liable, and the ship owner or his agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer but he shall not be entitled to recover from the seafarer any repatriation expenses other than excepted expenses.
(6) In any proceedings for the recovery of any expenses which in terms of sub-section (3) or sub-section (4) are a debt due to the Central Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.
(7) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as the wages are recoverable under section 86.
Explanation.---For the purposes of this section,---
(a) "excepted expenses" means repatriation expenses incurred in cases where the cause of the seafarer being left behind is desertion or absence without leave or imprisonment for misconduct or discharge from his vessel on the grounds of misconduct;
(b) " repatriation expenses" means expenses incurred in returning an abandoned seafarer to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of a shipwrecked seafarer, the repayment of expenses incurred in conveying him to a port after shipwreck and maintaining him while being so conveyed;
(c) "shipping master" means a shipping master,---
(i) for the port at which the seafarer entered into, or is believed to have entered into, an agreement; or
(ii) where the seafarer did not enter into an agreement in India, for the port to which the seafarer has returned, or is expected to return, on the completion of his latest voyage.
Section 92 Replacement crew onboard abandoned vessels.
(1) If the ship owner of any abandoned Indian vessel or any foreign vessel abandoned on or near the coast of India or within its coastal waters fails to make arrangement for or to meet the cost of arranging for replacement crew to be sent onboard the vessel whose seafarers are required to be repatriated, the Central Government shall arrange for replacement crew to be sent onboard such vessel.
(2) The cost incurred by or on behalf of the Central Government under sub-section (1) shall constitute a debt due to the Central Government liable to be paid by the ship owner or his agent for the seafarer in respect of whom they were incurred and the ship owner or his agent shall not be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt.
(3) In any proceedings for the recovery of any expenses which in terms of sub-section (2) are a debt due to the Central Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.
(4) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as the wages are recoverable under section 86.
(5) In any proceeding under this Part, a certificate of the Central Government or of such officer as the Central Government may specify in this behalf, to the effect that any seafarer named therein is abandoned, shall be conclusive evidence that such seafarer is an abandoned seafarer within the meaning of this Act.
(2) The cost incurred by or on behalf of the Central Government under sub-section (1) shall constitute a debt due to the Central Government liable to be paid by the ship owner or his agent for the seafarer in respect of whom they were incurred and the ship owner or his agent shall not be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt.
(3) In any proceedings for the recovery of any expenses which in terms of sub-section (2) are a debt due to the Central Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.
(4) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as the wages are recoverable under section 86.
(5) In any proceeding under this Part, a certificate of the Central Government or of such officer as the Central Government may specify in this behalf, to the effect that any seafarer named therein is abandoned, shall be conclusive evidence that such seafarer is an abandoned seafarer within the meaning of this Act.
Section 93 Inspection by shipping master, etc.
(1) A shipping master, surveyor, seafarer's welfare officer, Indian ambassador or any other officer at any port duly authorised in this behalf by the Central Government shall, at any time,---
(a) in the case of any vessel upon which the seafarer has been shipped at that port; and
(b) in the case of any Indian vessel, and if the master or three or more of the seafarers so request,
enter onboard the vessel and inspect,
(i) the provisions and water;
(ii) the weights and measures;
(iii) the accommodation for seafarers,
with which the vessel is required to be provided by or under this Act and also the space and equipment used for the storage and handling of food, water and the galley and other equipment used for the preparation and service of meals;
(iv) the Maritime Labour Certificate and Declaration of Maritime Labour Compliance.
(2) All Indian vessels engaged in international voyage or operating from a port, or between ports, in another State, shall possess a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance.
Explanation.---For the purposes of this sub-section, "international voyage" means a voyage from or to a port or place in India to or from a port or place outside India or between any ports outside India.
(3) The vessels not covered under sub-section (2) shall, unless exempted by the Central Government, possess such certificate in such manner and form as may be prescribed.
(4) For the purpose of preventing seafarer from being taken onboard any vessel at any port in India contrary to the provisions of this Act, a shipping master or deputy shipping master or assistant shipping master or a director, or deputy director or assistant director of the seafarer's employment office may enter at any time, onboard any such vessel upon which he has reasons to believe that seafarers have been shipped, and may muster and examine the seafarers employed therein.
Explanation.---For the purposes of this section, "Maritime Labour Certificate" means a certificate granted by the Central Government or by any officer, authority or organisation authorised by it in this behalf, in accordance with the provisions of the Maritime Labour Convention.
(a) in the case of any vessel upon which the seafarer has been shipped at that port; and
(b) in the case of any Indian vessel, and if the master or three or more of the seafarers so request,
enter onboard the vessel and inspect,
(i) the provisions and water;
(ii) the weights and measures;
(iii) the accommodation for seafarers,
with which the vessel is required to be provided by or under this Act and also the space and equipment used for the storage and handling of food, water and the galley and other equipment used for the preparation and service of meals;
(iv) the Maritime Labour Certificate and Declaration of Maritime Labour Compliance.
(2) All Indian vessels engaged in international voyage or operating from a port, or between ports, in another State, shall possess a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance.
Explanation.---For the purposes of this sub-section, "international voyage" means a voyage from or to a port or place in India to or from a port or place outside India or between any ports outside India.
(3) The vessels not covered under sub-section (2) shall, unless exempted by the Central Government, possess such certificate in such manner and form as may be prescribed.
(4) For the purpose of preventing seafarer from being taken onboard any vessel at any port in India contrary to the provisions of this Act, a shipping master or deputy shipping master or assistant shipping master or a director, or deputy director or assistant director of the seafarer's employment office may enter at any time, onboard any such vessel upon which he has reasons to believe that seafarers have been shipped, and may muster and examine the seafarers employed therein.
Explanation.---For the purposes of this section, "Maritime Labour Certificate" means a certificate granted by the Central Government or by any officer, authority or organisation authorised by it in this behalf, in accordance with the provisions of the Maritime Labour Convention.
Section 94 Special provisions for protection of seafarers in respect of litigation.
(1) A seafarer shall for the purposes of this Part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with seafarers and ending thirty days after the date on which the seafarer is finally discharged from such agreement.
(2) Every seafarer who is a party to a litigation shall be protected to the extent, subject to such terms and conditions and in such manner, as may be prescribed.
(2) Every seafarer who is a party to a litigation shall be protected to the extent, subject to such terms and conditions and in such manner, as may be prescribed.
Section 95 Facilities for making complaint.
If a seafarer states to the master that he desires to make a complaint to a Judicial Magistrate of the first class or other proper officer against the master or any of the seafarers, the master shall,---
(a) if the vessel is then at a place where there is a Judicial Magistrate of the first class or other proper officer, as soon after such statement as the service of the vessel shall permit; and
(b) if the vessel is not then at such place, as soon after her first arrival at such place as the service of the vessel shall permit,
allow the complainant to go ashore or send him ashore under proper protection to enable him to make the complaint.
(a) if the vessel is then at a place where there is a Judicial Magistrate of the first class or other proper officer, as soon after such statement as the service of the vessel shall permit; and
(b) if the vessel is not then at such place, as soon after her first arrival at such place as the service of the vessel shall permit,
allow the complainant to go ashore or send him ashore under proper protection to enable him to make the complaint.
Section 96 Vessel not to be boarded without permission.
Where a vessel has arrived at a port or place in India at the end of a voyage and any person, not being in the service of the Government or not being duly authorised by law for the purpose, goes onboard the vessel without the permission of the master, the master may take such person into custody and deliver him up forthwith to a police officer to be taken before a Judicial Magistrate of the first class and dealt with according to the provisions of this Act.
Section 97 Misconduct endangering life or vessel.
No seafarer belonging to an Indian vessel wherever it may be, or to any other vessel while in India, shall knowingly,---
(a) do anything tending to the immediate loss or destruction of, or serious damage to, the vessel, or tending immediately to endanger the life of, or to cause injury to any person belonging to or onboard the vessel; or
(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate loss, destruction or serious damage, or for preserving any person belonging to or onboard the vessel from danger to life or from injury.
(a) do anything tending to the immediate loss or destruction of, or serious damage to, the vessel, or tending immediately to endanger the life of, or to cause injury to any person belonging to or onboard the vessel; or
(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate loss, destruction or serious damage, or for preserving any person belonging to or onboard the vessel from danger to life or from injury.
Section 98 Desertion and absence without leave.
(1) No seafarer lawfully engaged shall,---
(a) desert his vessel; or
(b) neglect or refuse, without reasonable cause, to join the vessel or proceed to sea in his vessel or be absent without leave at any time within twenty-four hours of the vessel'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 sufficient reason from his vessel or from his duty.
(2) For the purposes of sub-section (1), the fact that the vessel on which the seafarer is engaged or to which he belongs is unseaworthy, shall be deemed to be a reasonable cause for desertion or absence without leave:
Provided that the seafarer has, before failing or refusing to join his vessel or to proceed to sea in his vessel or before absenting himself or being absent from the vessel complained to the master or a shipping master, surveyor, seafarer's welfare officer, port health officer, Indian ambassador or any other officer at any port duly authorised in this behalf by the Central Government, that the vessel is unseaworthy.
(3) If it is shown to the satisfaction of a shipping master that a seafarer has deserted his vessel or has absented himself without leave and without sufficient reason from his vessel or from his duty, the shipping master shall forthwith make a report to that effect to the Director-General who may thereupon direct that the seafarer's continuous discharge certificate and seafarer identity document shall be withheld for such period as may be specified in that direction, or may suspend or withdraw the certificate of competency or certificate of proficiency of the deserting seafarer, if it is established that such desertion was without leave or sufficient reason:
Provided that no order of withholding, suspension or cancellation shall be passed unless the seafarer has been given an opportunity of being heard.
(4) If a seafarer deserts his vessel or is absent without leave and without sufficient reason from his vessel or from his duty, the master, any seafarer, the ship owner or his agent may, without prejudice to any other action that may be taken against the seafarer under this Act, convey him onboard his vessel and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case.
(5) If, either at the commencement or during the progress of any voyage, a seafarer engaged in an Indian vessel commits outside India, the offence of desertion or absence without leave or any offence against discipline, the master or the ship owner or his agent may, if and so far as the laws in force in the place permit, arrest him without procuring a warrant.
(6) No person shall convey onboard or arrest a seafarer on improper or insufficient grounds.
(7) Where a seafarer is brought before a court on the ground of desertion or of absence without leave or of any offence against discipline, and the master or the ship owner or his agent so requires, the court may, in lieu of committing and sentencing him for the offence, cause him to be conveyed onboard his vessel for the purpose of proceeding on the voyage, or deliver him to the master or the ship owner or his agent to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or ship owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagements may afterwards be earned.
(a) desert his vessel; or
(b) neglect or refuse, without reasonable cause, to join the vessel or proceed to sea in his vessel or be absent without leave at any time within twenty-four hours of the vessel'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 sufficient reason from his vessel or from his duty.
(2) For the purposes of sub-section (1), the fact that the vessel on which the seafarer is engaged or to which he belongs is unseaworthy, shall be deemed to be a reasonable cause for desertion or absence without leave:
Provided that the seafarer has, before failing or refusing to join his vessel or to proceed to sea in his vessel or before absenting himself or being absent from the vessel complained to the master or a shipping master, surveyor, seafarer's welfare officer, port health officer, Indian ambassador or any other officer at any port duly authorised in this behalf by the Central Government, that the vessel is unseaworthy.
(3) If it is shown to the satisfaction of a shipping master that a seafarer has deserted his vessel or has absented himself without leave and without sufficient reason from his vessel or from his duty, the shipping master shall forthwith make a report to that effect to the Director-General who may thereupon direct that the seafarer's continuous discharge certificate and seafarer identity document shall be withheld for such period as may be specified in that direction, or may suspend or withdraw the certificate of competency or certificate of proficiency of the deserting seafarer, if it is established that such desertion was without leave or sufficient reason:
Provided that no order of withholding, suspension or cancellation shall be passed unless the seafarer has been given an opportunity of being heard.
(4) If a seafarer deserts his vessel or is absent without leave and without sufficient reason from his vessel or from his duty, the master, any seafarer, the ship owner or his agent may, without prejudice to any other action that may be taken against the seafarer under this Act, convey him onboard his vessel and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case.
(5) If, either at the commencement or during the progress of any voyage, a seafarer engaged in an Indian vessel commits outside India, the offence of desertion or absence without leave or any offence against discipline, the master or the ship owner or his agent may, if and so far as the laws in force in the place permit, arrest him without procuring a warrant.
(6) No person shall convey onboard or arrest a seafarer on improper or insufficient grounds.
(7) Where a seafarer is brought before a court on the ground of desertion or of absence without leave or of any offence against discipline, and the master or the ship owner or his agent so requires, the court may, in lieu of committing and sentencing him for the offence, cause him to be conveyed onboard his vessel for the purpose of proceeding on the voyage, or deliver him to the master or the ship owner or his agent to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or ship owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagements may afterwards be earned.
Section 99 General liability against discipline.
(1) Any seafarer lawfully engaged shall be liable to penalty or be guilty of an offence under this Act, if he commits any of the following acts, namely:---
(a) if he quits the vessel without leave after her arrival at her port of delivery and before she is placed in security;
(b) if he has received an advance payment on the basis of his agreement and wilfully or through misconduct fails to attend his vessel or desert therefrom before the payment becomes due to him;
(c) if he wilfully disobeys any lawful command or neglects the duty;
(d) if he continues to wilfully disobey any lawful commands or if he combines with any of the seafarers to wilfully disobey any lawful commands, or continues with wilful neglect of duty or if he combines with any of the seafarer to neglect duty or to impede the navigation of the vessel or retard the progress of the voyage;
(e) if he assaults the master or any other seafarer belonging to the vessel;
(f) if he wilfully damages his vessel or commits criminal misappropriation or breach of trust in respect of, or wilfully damages any of, her stores or cargo.
(2) The prosecution against any seafarer for any offence specified under clauses (d), (e) and (f) of sub-section (1) may be instituted by the Director-General or an officer authorised by him.
(3) The Director-General may, by order, suspend or cancel any certificate granted under this Act to any seafarer for any specified period, for any offence specified in sub-section (1) during the course of the hearing or legal proceeding:
Provided that no order of suspension or cancellation shall be passed unless the person concerned has been given an opportunity of being heard.
(a) if he quits the vessel without leave after her arrival at her port of delivery and before she is placed in security;
(b) if he has received an advance payment on the basis of his agreement and wilfully or through misconduct fails to attend his vessel or desert therefrom before the payment becomes due to him;
(c) if he wilfully disobeys any lawful command or neglects the duty;
(d) if he continues to wilfully disobey any lawful commands or if he combines with any of the seafarers to wilfully disobey any lawful commands, or continues with wilful neglect of duty or if he combines with any of the seafarer to neglect duty or to impede the navigation of the vessel or retard the progress of the voyage;
(e) if he assaults the master or any other seafarer belonging to the vessel;
(f) if he wilfully damages his vessel or commits criminal misappropriation or breach of trust in respect of, or wilfully damages any of, her stores or cargo.
(2) The prosecution against any seafarer for any offence specified under clauses (d), (e) and (f) of sub-section (1) may be instituted by the Director-General or an officer authorised by him.
(3) The Director-General may, by order, suspend or cancel any certificate granted under this Act to any seafarer for any specified period, for any offence specified in sub-section (1) during the course of the hearing or legal proceeding:
Provided that no order of suspension or cancellation shall be passed unless the person concerned has been given an opportunity of being heard.
Section 100 Smuggling of goods by seafarer.
(1) If a seafarer engaged is convicted of an offence of smuggling any goods, whereby loss or damage is occasioned to the master or ship owner, he shall be liable to pay to that master or ship 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 seafarer is convicted of an offence under sub-section (1), the Director-General may direct that the seafarer’s continuous discharge certificate and seafarer's identity document shall be cancelled or suspended for such period as may be specified in the direction.
(2) If a seafarer is convicted of an offence under sub-section (1), the Director-General may direct that the seafarer’s continuous discharge certificate and seafarer's identity document shall be cancelled or suspended for such period as may be specified in the direction.