Basic Entitlements of seamen and apprentices

Basic Entitlements of seamen and apprentices

Agreements with crewThe Master of an Indian ship, except a Home Trade ship of less than 200 GT, must enter into an agreement in accordance with this Act with every seaman he engages and carries to seas one of his crew, from any port in India.
Before the seaman signs the agreement, as ought to be prepared in the prescribed form, it must be signed by the owner / agent and, the Master, dated at the time of the first signature. The agreement with the crew must contain the following particulars:

  • The name of the ship or ships on board which the seaman undertakes to serve;
  • Either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement will not extend;
  • The number and description of the crew of different categories in each department;
  • The time at which each seaman is to be on board, or, to begin work;
  • The capacity in which each seaman is to serve;
  • The amount of wages which each seaman is to receive;
  • A scale (which ought not to be lower than the scale as fixed by the Central Government and as published in the Official Gazette) of the provisions which are to be furnished to each seaman;
  • A scale of warm clothing and a scale of additional provisions to be issued to each seaman during periods of employment in specified cold regions;
  • Any regulations as to conduct on board and as to fines or other lawful punishments for misconduct, which have been approved by the Central Government as regulations proper to be adopted, and which the parties agree to adopt;
  • Payment of compensation for personal injury or death caused by accident arising out of and in the course of employment;
  • Where it is agreed that the services of a seaman would end at any port which is not in India, a stipulation to provide him either fit employment on board some other ship bound for the port at which he was shipped or, to such other port in India as may be agreed upon, or, a passage to some port in India free of charge or on such other terms as may be agreed upon;
  • Stipulations relating to such other matters as may be prescribed

The agreement must provide, that should a dispute arise outside India between the Master, owner or agent of a ship and a seaman in respect of any matter touching the agreement, such a dispute must be referred to the Indian consular officer, whose decision thereon shall be binding on the parties until the return of the ship to the port in India at which the seaman is to be discharged.
In case the dispute arises in a ship which is not Indian, the dispute is not to be referred to the Indian consular officer, if such reference is contrary to the rules of international law.

  • The agreement with the crew must be so framed that, advance drawn and allotment of wages, are consistent with the provisions of this Act, and such stipulations are to be adopted at the will of the Master and the seaman in each case.

Discharging and leaving behind of seamen by Masters of Indian ShipsThe Master of an Indian ship must not:-

  1. Discharge a seaman before the expiration of the period for which he was engaged, unless the seaman consents to his discharge; or,
  2.  Except for circumstances beyond his control, leave a seaman or apprentice behind, without the authority of the officer specified in this behalf by the Central Government.
  3. The officer aforesaid to whom the application is made for authority in terms of the discharge of seaman mentioned at “(1)” above, must investigate the grounds on which the seaman is to be discharged or the seaman or apprentice is left behind, and, may in his discretion grant or refuse to grant such authority.
  4. Provided, that he shall not refuse to grant his authority, if he is satisfied that the seaman has without reasonable cause – 
  • Failed or refused to join his ship or to proceed to sea therein; or,
  • Been absent from his ship without leave, either at the commencement or during the progress of a voyage for a period of more than 48-hours.

Wages and other property of seaman or apprentice left behind

If a seaman or apprentice is left behind, the Master must enter in the official log-book a statement of the amount due to the said seaman or apprentice in respect of the 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.Within 48 hours after the arrival of the ship at the port in India at which the voyage terminates, the Master must deliver to the Shipping Master :–

  • A statement of the amount due to the seaman or apprentice in respect of the wages, and, of all property left on board by him; and,
  • A statement with full particulars of any expenses that may have been caused to the Master or owner of the ship by the absence of the seaman or apprentice, where the absence is due to a contravention by the seaman or apprentice (Refer section 191).

Repatriation of seamen on termination of service at a foreign port  When the services of a seaman or apprentice is terminated without the consent of the said seaman or apprentice, in a port outside India and, before expiration of the period for which the seaman was engaged, or the apprentice was bound, the Master or Owner of the ship shall, in addition to any other obligation, imposed on either of them, by this Act, make appropriate provision for:

  • Maintenance of the seaman or apprentice according to his rank or rating, and, for the return of that seaman or apprentice, to a proper return port.
  • If the Master or Owner fails without reasonable cause to comply with the previous point, the expenses towards maintenance and of the journey to the proper return port, if borne by the seaman or apprentice, shall be recoverable as wages due to him. If the said expenses are borne by the Indian consular office, it ought to be regarded as the expenses falling within the applicable sub-paragraphs mentioned later, under “Relief and Maintenance of Distressed Seamen”.

Master to deliver account of wages  The Master of every ship, before paying off or discharging a seaman under this Act, must deliver a full and true account, in the prescribed form, the wages earned and the deductions to be made there from. This account ought to be delivered, either to the seaman himself, before he leaves the ship, or to the Shipping Master not less than 24 hours before the discharge or payment off.

Time of Payment of WagesThe Master, Owner or Agent of every ship, must pay to every seaman his wages, within 4 days after the seaman’s discharge. The seaman, at the time of his discharge, be entitled to be paid a sum equal to one-fourth part of the balance due to him. If the Master, Owner or Agent, fails without reasonable cause to make payment at that time, he/they must pay to the seaman, a sum of two days pay for each of the days commencing from the day of discharge, during which payment is delayed, as the shipping master may in each case decide. The sum so payable shall not exceed ten day’s double pay.

Master to give facilities to seaman for remitting wagesWhen a seaman expresses to the Master of the ship, to remit any part of the Balance of Wages due to him, to a savings bank or to a near relative, the Master must give all reasonable facilities to the seaman to do so. The limits of remitting such wages, will be as specified by the Central Government. The Master shall however be under no obligation to give the said facilities while the ship is in port, if the sum will become payable before the ship leaves port.

Working Hours of a seamanAs per the MLC / STCW Conventions. This Act says, a maximum of 48 hours in a week. 

Wages not to depend on the freight earned  

  1. The right to wages must not depend on the freight earned.
  2. Every seaman and apprentice who would be entitled to demand and recover any wages, if the ship in which he has served has earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to demand and recover the same, notwithstanding that freight has not been earned. 
  3. However, in cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores, shall bar his claim to wages.
  4. Wages not to accrue during absence without leave, refusal to work or imprisonment
  5. A seaman or apprentice must not be entitled to wages:
  • For any period during which he is absent without leave from his ship or from his duty; or,
  • For any period during which he unlawfully refuses or neglects to work when required; or,
  • Unless the Court hearing the case otherwise directs, for any period during which he is lawfully imprisoned.

A seaman or apprentice must not be disentitled to claim wages for any period during which he has not performed his duty, if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it is proven that:

  • His illness, hurt or injury was caused by his own wilful act or default or his own misbehaviour; or,
  • His illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or,
  • He has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury, involving no appreciable risk to his life.

Compensation to seaman for premature dischargeIf a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part which could have justified the discharge and without his consent, the said seaman shall be entitled to receive from the Master, owner or agent, in addition to any wages he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix, having regard to the circumstances relating to the discharge. However, the compensation so payable, shall not exceed:

  • In the case of a seaman who has been discharged before the commencement of a voyage, one month’s wages; and,
  • In the case of a seaman who has been discharged after the commencement of a voyage, three month’s wages.

Master to take charge of the effects of a deceased seamenIf any seaman or apprentice engaged on a 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. The Master shall thereupon enter in the official logbook, the following particulars:

  • A statement of the amount of money and a detailed description of the other effects;
  • A statement of the sum due to the deceased for wages as are in this Act, referred to as the property of the seaman or apprentice.

Dealing with and account of property of seaman who die during voyageIf any seaman or apprentice engaged on any ship, the voyage of which is to terminate in India, dies during that voyage, and the ship before coming to a port in India touched and remains for 48-hours at some port elsewhere, the Master shall report the case to the Indian consular officer at such port, and shall give to the officer any information he requires as to the destination of the ship, and the probable length of the voyage.
The Indian consular officer may, if he considers it expedient, require the property of the seaman or apprentice to be delivered and paid to him and shall thereupon give to the Master a receipt therefor, and endorse under his hand upon the agreement with the crew, such particulars with respect thereto, as the Central Government may require. The said receipt shall be produced by the Master to the shipping master within 48-hours after his arrival, at his port of destination in India.

  • Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in India, without touching and remaining as aforesaid at a port elsewhere, or the Indian consular officer does not require the delivery and payment of the property, as aforesaid, the Master must, within 48 hours after his arrival at his port of destination in India, pay and deliver the property to the shipping master at that port.
  • A deduction claimed by the Master in such account, must not be allowed, unless verified by an entry in the Official log book, and also by such other vouchers, if any, as may be reasonably required by the shipping master.
  • A shipping master in India shall grant to a Master upon due compliance with such provisions of this section as they relate to the acts to be done at the port of destination, a certificate to that effect.

Dealing with the property of a deceased seaman

  • An Indian consular officer or a shipping master to whom the effects of a deceased seaman or apprentice are delivered, or who takes charge of such effects under this Act, may, if he thinks fit, sell the effects, and the proceeds of any such sale shall be deemed to form part of the property of the deceased seaman or apprentice.
  • Before selling any valuables comprised in the said effects, such officer or shipping master shall endeavour to ascertain the wishes of the next-of-kin of the deceased seaman or apprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such wishes.
  • An Indian consular officer to whom any property of a deceased seaman or apprentice is delivered or who takes charge of any such property under this Act, must remit the property to the shipping master at the port of engagement of the deceased seaman or apprentice, in such manner and shall render such accounts in respect thereof, as may be prescribed.

Recovery of Wages, etc. of seaman lost with their shipWhere a seaman or apprentice is lost with the ship to which he belongs, the Central Government or such officer as the Central Government may appoint in this regard, recover the wages and the compensation due to him from the owner, Master or agent of the ship in the same Court and in the same manner in which seaman’s wages are recoverable, and shall deal with those wages in the same manner, as with the wages and compensation due to other deceased seamen or apprentices under this Act.
In any proceedings for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or more, before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure, be deemed to have been lost with all hands on board, either immediately after the time she was last heard of, or at such later time as the Court hearing the case, may think probable.

Payment of seamen dying in IndiaIf a seaman or apprentice dies in India and is at the time of his death entitled to a claim from the Master or owner of the ship in which he has served any effects or unpaid wages, the Master, owner or agent, shall pay and deliver or account for such property, to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged, or to such other officer as the Central Government may direct.

Disposal of Unclaimed Property of Deceased SeamenWhere no claim to the property of a deceased seaman or apprentice as received by a shipping master is substantiated within one year from the receipt thereof by such shipping master, the shipping master must cause such property to be sold and pay the proceeds of the sale, into the public account of India.
If, after the proceeds of the sale having been so paid, any claim is made thereto, then, if the claim is established to the satisfaction of the shipping master, the amount as shall appear to him to be due to the claimant, shall be paid to him. If the claim is not so established, the claimant may apply by a petition to the High Court, and such Court, after taking evidence either orally or on affidavit, shall make such order on the petition, as shall seem just.
Provided that, after the expiration of 6 years from the receipt of such property by the shipping master, no claim to such property shall be entertained, without the sanction of the Central Government.
Relief and maintenance of distressed seamen  The Indian consular office at or near the place where a seaman is in distress, must, on an application being made to him by a distressed seaman, provide, in accordance with the rules made under this Act for the return of that seaman to a proper return-port, and also for the said seaman’s necessary clothing and maintenance, until his arrival at such port. A distressed seaman shall not have any right to be maintained or sent to a proper return port except to the extent, and on the conditions provided for, in the rules.
All repatriation expenses as 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. The owner or agent of the ship, to which the seaman in respect of whom the expenses were incurred, belonged, at the time of his discharge, or any other event which resulted in the seaman becoming distressed, shall be liable for such debt. Besides, the owner or agent shall not be entitled to recover from the seaman, any amount paid by him to the Central Government in full or part-settlement of such debt. However, the owner or agent shall be entitled to recover from the seaman, any “excepted” expenses if incurred by the seaman.

Expenses of medical attendance in case of illnessIf the Master of an Indian ship, or a seaman or apprentice, receives any hurt or injury or suffers from any illness(not being a hurt, injury or illness due to his own wilful 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 is brought back to the port from which he was shipped, or any other port as agreed upon, after receiving the necessary medical treatment, and of his conveyance to that port, and in the case of death, the expenses, if any, of his burial or cremation, shall be defrayed by the owner of the ship, without any deduction on that account from his wages.
If the Master, seaman or apprentice, on account of any illness or injury, is temporarily  removed from his ship, at 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 for removal and for providing the necessary surgical and medical advice, attendance and treatment and medicine and of his maintenance, while he was away from the ship, shall be defrayed likewise, i.e. by the owner of the ship, without any deduction on that account from his wages.
Where any expenses have been paid by the Master, seaman or apprentice themselves, the same may be recovered as if they were wages duly earned. If any such expenses are paid by the Government, the amount shall be a charge upon the ship, and may be recovered with full costs of suit by the Central Government.

DISCIPLINARY MATTERS

Misconduct endangering life or ship

  • No Master, seaman or apprentice belonging to an Indian ship, wherever it may be, or to any other ship while in India, shall knowingly:
  • Do anything tending to immediate loss or destruction of, or serious damage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship; or
  • Refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injury

Desertion and absence without leaveNo seaman lawfully engaged and no apprentice:

  • Shall desert his ship; or,
  • 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 24 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 sufficient reason from his ship or from his duty.
  • If a ship is “unseaworthy”, it may be deemed to be a reasonable cause, as stated immediately above.

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 authorised in this behalf, by the Central Government, that the ship is unseaworthy.

General 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 acts, namely:

  • If he quits the ship without leave after her arrival at her port of delivery and before she is placed in security;
  • If he is guilty of wilful disobedience to any lawful command or neglect of duty;
  • If he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;
  • If he assaults the Master, or any other officer of the ship, or a seaman or an apprentice belonging to, the ship;
  • 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;
  • If he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or wilfully damages any of, her stores or cargo.

Smuggling of goods by seamen or apprentices

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

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