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Start Free TrialMerchant Shipping Act, 1958 Section 191
Title: Desertion and Absence Without Leave
State: Central
Year: 1958
(1) No seaman lawfully engaged and no apprentice (a) shall desert his ship; or (b) shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his ship or be absent without leave at any time within twenty-four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without sufficient reason from his ship or from his duty. (2) For the purposes of sub-section (1), the fact that the ship, on which the seaman or apprentice is engaged or to which he belongs is unscaworthy shall be deemed to be a reasonable cause: Provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed to sea in his ship or before absenting himself or being absent from the ship, as the case may be, complained to the master or a shipping master, surveyor, seamen'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.
View Complete Act List Judgments citing this sectionInland Vessels Act, 1917 Section 63A
Title: Desertion and Absence Without Leave
State: Central
Year: 1917
.....he shall; if offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave and be liable to forfeit out of his wages a sum not exceeding two days' pay and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months. ________________________ 1. Section 63A as inserted by Inland Steam-vessels (Amendment) Act, 1951, (26 of 1951), Section7 (11-8-1951), renumbered as Section 63D and before Section63D as so renumbered, Ss. 63A to Section 63C inserted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), Section30 (w.e.f. 1-5-1978).
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 183
Title: Forfeiture of Effects for Absence Without Leave
State: Central
Year: 1957
.....of the Naval Staff or the prescribed officer may by an order containing a statement of the absence without leave direct that the clothes and effects, if any, left by him on board ship or at his place of duty be forfeited and the same be sold and the proceeds of the same shall be disposed of as provided in the regulations made under this Act; and every order under this provision for forfeiture or sale be conclusive for the purpose of this section as to the fact of the absence without leave as therein stated of the person therein named; but in any case the Central Government may, if it deems fit on sufficient cause being shown at any time after forfeiture and before sale, remit the forfeiture, or after sale pay or dispose of the proceeds of the sale or any part thereof to or for the use of the person to whom the clothes or effects belonged, or his representatives.
View Complete Act List Judgments citing this sectionPrisons Act, 1894 Section 22
Title: Subordinate Officers Not to Be Absent Without Leave
State: Central
Year: 1894
Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.
View Complete Act List Judgments citing this sectionKarnataka Prisons Act, 1963 Section 21
Title: Subordinate Officers Not to Be Absent Without Leave
State: Karnataka
Year: 1963
Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 26
Title: Breaking out of Ship and Absence Without Leave
State: Central
Year: 1978
Any person subject to this Act, who without being guilty of desertion improperly leaves his ship or place of duty or is absent without leave shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned, and shall also be punished by such mulcts of pay and allowances as may be prescribed.
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 51
Title: Breaking out of Ship and Absence Without Leave
State: Central
Year: 1957
Every person subject to naval law who without being guilty of desertion improperly leaves his ship or place of duty1[or any place where he is required to be] or is absent without leave shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and shall also be punished by such mulcts of pay and allowances as may be prescribed. ________________________ 1. Inserted by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 11 (16-12-1974).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 142
Title: Wages Not to Accrue During Absence Without Leave, Refusal to Work or Imprisonment
State: Central
Year: 1958
(1) A seaman or apprentice shall not be entitled to wages (a) for any period during which he is absent without leave from his ship or from his duty; or (b) for any period during which he unlawfully refuses or neglects to work when required; or (c) unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned. (2) A seaman or apprentice shall 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 be proved that (a) his illness, hurt or injury was caused by his own wilful act or default or his own mis behaviour; or (b) his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or (c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life.
View Complete Act List Judgments citing this sectionArmy Act, 1950 Section 39
Title: Absence Without Leave
State: Central
Year: 1950
.....sufficient cause overstays leave granted to him; or (c) being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or (d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or (e) when on parade, or on the line of inarch, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionAir Force Act, 1950 Section 39
Title: Absence Without Leave
State: Central
Year: 1950
.....without leave; or (b) without sufficient cause overstays leave granted to him; or (c) being on leave of absence and, having received information from proper authority that any unit or detachment, to which he belongs, has been ordered on active service; fails, without sufficient cause, to re-join without delay; or (d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
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