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SEAMEN'S PROVIDENT FUND ACT, 1966 Preamble 1

Title: SEAMEN'S PROVIDENT FUND ACT, 1966

State: Central

Year: 1966

1 THE SEAMEN'S PROVIDENT FUND ACT, 1966 [Act, No.4of 1966] [26th March,1966] PREAMBLE An Act toprovide for the institution of a provident fund for seamen. BEit enacted by Parliament in the Seventeenth Year of the Republic of India asfollows:- ________________________ 1."The Seamen's Provident Fund (Amendment) Act, 1966 wasamended by . The Seamen's Provident Fund (Amendment) Act, 1997 and wasenforced on 28th May, 1997.

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SEAMEN'S PROVIDENT FUND ACT, 1966 Complete Act

Title: SEAMEN'S PROVIDENT FUND ACT, 1966

State: Central

Year: 1966

Preamble1 - SEAMEN'S PROVIDENT FUND ACT, 1966 Section1 - Short title and application Section2 - Definitions Section3 - Seamens Provident Fund Scheme Section4 - Vesting of Fund, etc. Section5 - Constitution of Board of Trustees Section6 - Committees Section7 - Appointment of employees of Board Section8 - Contributions Section9 - Determination of moneys due from employers Section10 - Mode of recovery of moneys due from employers Section11 - Fund deemed to be recognised Provident Fund under Act 43 of 1961 Section12 - Protection against attachment Section13 - Priority of payment of contributions over other debts Section14 - Employer not to reduce wages Section15 - Inspectors Section16 - Penalties Section17 - Offences by companies Section18 - Power to recover damages Section19 - Transfer of account Section20 - Power to exempt Section21 - Protection for acts done in good faith Section22 - Delegation Section23 - Power to remove difficulties Section24 - Scheme to be laid before Houses of Parliament ScheduleI - SCHEDULE Amending Act1 - AMENDING ACT I

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 7

Title: Appointment of employees of Board

State: Central

Year: 1966

.....of the officers referredto in sub-section (2) shall be such as may be specified by the Government. (6) The methodof recruitment, salary and allowances, discipline and other conditions ofservice of other officers and employees of the Board shall be such as may bespecified by the Board with the approval of the Government. (7) Allpersons appointed under this section shall be the employees of the Board. ________________________ 1. Words "and other officers whose maximum monthly salary isnot less than six hundred rupees" omitted by The Seamen's Provident Fund(Amendment) Act, 1997. 2. Words "or to any other post carrying a maximum monthlysalary of not less than six hundred rupees" omitted by The Seamen'sProvident Fund (Amendment) Act, 1997.

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 2

Title: Definitions

State: Central

Year: 1966

....."Merchant Shipping Act" means the Merchant Shipping Act, 1958(44 of 1958); (k) "Scheme" means the Seamen's Provident Fund Scheme framed under sub-section (1) of section 3; (l) "seaman" means a person employed or engaged as a member of the crew of a ship under the Merchant Shipping Act but does not include1[ a welfare officer, nurse, musician, pilot or deck barber] (m) "service" means the period of employment of a seaman under the agreement with the crew and includes any period in respect of which wages are paid or are payable to him; (n) "wages" means the basic wages for the time being payable to a seaman under the agreement with the crew and includes - (i) any remuneration to which he is entitled in respect of holidays or any leave period; (ii) any increase of such wages in accordance with such agreement or any other agreement between the parties; but does not include the overtime allowance. ________________________ 1. Substituted for words "a master, navigating or engineering officer, radio officer, medical officer, welfare officer, purser, electrician, nurse, musician, pilot, apprentice or deck barber;" by The Seamen's Provident Fund (Amendment) Act, 1997. .....

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 8

Title: Contributions

State: Central

Year: 1966

.....this behalf. (2) The employer shall pay, in respect of each seaman (being a member) employed by him, both the employer's contribution and the employee's contribution and shall be entitled to recover from the seaman the employee's contribution by deduction from his wages and not otherwise. (3) Every employer shall also pay such sums of money as may be specified in the Scheme towards the cost of administering the Fund. (4) Where the amount of any contribution under sub-section (1) or any sum payable under sub-section (3) contains a part of a rupee then, if such part if fifty paise or more, it shall be increased to one complete rupee and if such part is less than fifty paise it shall be ignored. ________________________ 1. Substituted for words " and thereafter at the rate of eight percent" by The Seamen's Provident Fund (Amendment) Act, 1997.

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SEAMEN'S PROVIDENT FUND ACT, 1966 Amending Act 1

Title: AMENDING ACT I

State: Central

Year: 1966

.....a maximum monthly salary of not less than six hundred rupees" shall be omitted. 5 .Amendment of section 8.- In section 8 of the principal Act, in sub-section (1), for the words "and thereafter at the rate of eight per cent.", the words and figures "for the period beginning with the 1st day of April, 1968 and ending with the 31st day of December, 1977, at the rate of eight per cent., and thereafter at the rate of ten per cent.or such higher rate as may be specified in the Scheme" shall be substituted. 6 .Amendment of section 15.- In section 15 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:- "(3) The provisions of the Code of Criminal Procedure, 1973(2 of 1974) shall, as far as may be, apply to any search or seizure under sub-section (2) as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.". 7 .Amendment of section 16.- In section 16 of the principal Act, in sub-section (1), for the words "six months, or with fine which may extend to one thousand rupees", the words "one year, or with fine which may extend to fifty thousand rupees" shall be.....

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 4

Title: Vesting of Fund, etc.

State: Central

Year: 1966

.....under section 3 of theState Bank of India Act, 1955(23 of 1955), or a subsidiary bank as defined inclause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act,1959(38 of 1959), or a corresponding new bank constituted under section 3 of theBanking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of1970), or a corresponding new bank constituted under section 3 of the BankingCompanies (Acquisition and Transfer of Undertakings) Act, 1980(40 of 1980).] ________________________ 1."An approved bank" substituted for "the state bank ofIndia" by The Seamen's Provident Fund (Amendment) Act, 1997. 2. Explanation to section 4 added by The Seamen's ProvidentFund (Amendment) Act, 1997.

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 9

Title: Determination of moneys due from employers

State: Central

Year: 1966

.....for trying a suit in respect of the following matters, namely: -- (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commission for the examination of witnesses; and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code.(45 of 1860) (3) No order shall be made under this section unless the employer has been given a reasonable opportunity of representing his case. (4) An order made under this section shall be final and shall not be questioned in any court of law.

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 16

Title: Penalties

State: Central

Year: 1966

.....or makes default in complying with any provisions of this Act shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (4) No court shall take cognizance of any offence punishable under this Act or under the Scheme except on a report in writing of the facts constituting such offence made by the Seamen's Provident Fund Commissioner or by an Inspector appointed under sub-section (1) of section 15, with the previous sanction of such authority as may be specified in this behalf by the Government. __________________________________ 9. Substituted for the words " six months, or with fine which may extend to one thousand rupees" by The Seamen's Provident Fund (Amendment) Act, 1997.

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SEAMEN'S PROVIDENT FUND ACT, 1966 Section 1

Title: Short title and application

State: Central

Year: 1966

(1) This Act may be called the Seamen's Provident Fund Act, 1966. (2) Unless otherwise expressly provided, the provisions of this Act shall apply to every seamen and to the employer of such seaman.

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