Seamen and Apprentices. Section 88-218

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APPRENTICE SHIP TO SEA SERVICE – Sec. 92


Contract for apprenticeship shall be in the prescribed form between the boy, or his guardian if he is a minor, and the Master or ship owner, executed in presence of the Shipping Master (SM).
who shall ensure the following :
• Boy is ≥ 15 years of age.
• He understands the contract and agrees to be bound by it.
• He is physically fit for sea service.
• If he is a minor, his guardian’s consent is obtained.

ARTICLES OF AGREEMENT

  1. Master of a ship, other than Home Trade (HT) ship of GT < 200 tons, shall enter into an agreement with every seaman. If it is not done, fine Rs.100 per seaman. Sec. 100
  2. It shall be signed by the owner or agent and the Master, before seaman signs it. Sec. 101(1)
  3. At the commencement of a voyage, Master shall post a copy of the agreement and a certified translation of the same, in the language of the majority of the crew, at a readily accessible place on the ship. If this is not done, fine Rs.50. Sec. 107
  4. Any erasure, interlineations or alteration of the agreement shall be inoperative unless it is made with the consent of the interested parties and the same is attested by the SM, customs collector or Indian Consular Officer (CO). Sec. 108

CONTENTS OF ARTICLES OF AGREEMENT – Sec. 101

  1. Name of the ship.• Either nature and duration of the voyage or engagement, or the maximum period of the voyage or engagement, and the places of the world to which the voyage will not extend.
  2. Number and description of the crew of different categories in each department.• Time to board the ship or to start work.
  3. The capacity of each seaman.
  4. Wages of each seaman.
  5. Scale of provisions to be furnished to each seaman as fixed by the Central government.
  6. Fine for non-compliance Rs.200.
  7. Scale of warm clothing and additional provisions to be furnished to each seaman during periods of employment in specified cold regions.
  8. Regulations regarding conduct of seaman and fines or other punishments for misconduct as sanctioned by the Central government.
  9. Payment of compensation for injury or death caused by an accident arising out of and in the course of employment.
  10. A stipulation that, if service of seaman ends at a foreign port then he shall be provided either fit employment on some other ship bound for an agreed Indian port or a free passage to India.
  11. A stipulation that, in the event of a dispute arising out of India, on matters of the agreement, the same shall be referred to the CO and his decision shall be binding on all parties until the ship returns to the Indian discharge port.• Facilities for seaman to remit wages to a bank or near relative subject to certain conditions. Fine Rs.100 for not doing so. Sec. 131
  12. Payment of advance ≤ 1 month’s wages. Fine Rs.100 for not providing this facility. Sec. 135(1). If a seaman fails to join or deserts the ship after receiving the advance he may be imprisoned for 1 month or fined Rs.100 or both. Sec. 135(3)
  13. Allotment of ≤ ¾th of his wages to his family member, relative or any purpose approved by Central government. Sec. 136
  14. Any other stipulations as may be prescribed.

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