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Start Free TrialMerchant Shipping Act, 1958 Section 180
Title: Notice to Be Given in Case of Unrepresented Seaman
State: Central
Year: 1958
.....proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof to the shipping master. (3) If on receipt of a notice under sub-section (I) or sub-section (2), the shipping master certifies to the Court, that the seaman is a serving seaman, the Court shall thereupon postpone the proceeding in respect of the seaman for such period as it thinks fit: Provided that if by reason of the continued absence of the seaman the question of any further postponement of the proceeding in respect of the seaman arises, the court shall in deciding the question have regard to the purposes of the provisions of this Act conferring special protection on seaman in respect of litigation. (4) If the shipping master either certifies that the seaman is not for the time being a serving seaman or fails within two months from the date of the receipt of the notice under subsection (1) or sub-section (2) as the case may be, to certify that the seaman is a serving seaman, the Court may, if it thinks fit, continue the proceeding.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 181
Title: Power to Set Aside Decrees and Orders Passed Against Serving Seaman
State: Central
Year: 1958
.....impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-section (1) of section 179, award, subject to such conditions as it thinks fit to impose, damages against such opposite party. (2) The period of limitation for an application under sub-section (1) shall be sixty days from the date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or where the summons or notice was not duly served on the seaman in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge, of the decree or order whichever is later; and the provisions of section 5 of the Indian Limitation Act, 1908, shall apply to such applications. (3) Where the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or any of the parties against whom it was made. (4) Where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or.....
View Complete Act List Judgments citing this sectionKarnataka Land Reforms Act, 1961 Section 15
Title: Resumption of Land by Soldier or Seaman
State: Karnataka
Year: 1961
.....by the tenant or otherwise and after such enquiry as may be prescribed, is satisfied that a notice as required by sub-section (2) is not issued, he shall, by notification, declare that with effect from such date as may be specified in the notification the land leased shall stand transferred to and vest in the State Government free from all encumbrances. The Tahsildar may take possession of the land in the prescribed manner and the tenant shall be entitled to be registered as an occupant thereof. The provisions of section 45 shall mutatis mutandies apply in this behalf.] _______________________________ 1. Substituted by Act 1 of 1974 w.e.f. 1.3.1974. 2.Inserted by Act 1 of 1991 w.e.f. 5.2.1991.
View Complete Act List Judgments citing this sectionMERCHANT SHIPPING ACT, 1958 Section 136
Title: Allotment notes respecting seaman's wages
State: Central
Year: 1958
(1) A seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment1note, of any part (not exceeding three-fourths) of the amount of the monthly wages payable to him in favour of any such member of his family or any such relative or for any such purpose approved in this behalf by the Central Government by general or special order, as may be specified in the note. (2) Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement, inquire from the seaman whether he requires such a stipulation for the allotment of his wages by means of an allotment note. (3) Whenever a seaman requires such a stipulation, the stipulation shall be inserted in the agreement of the crew, and such stipulation shall be deemed to have been agreed to by the master. (4) An allotment note shall be in the prescribed form and shall be signed by the owner, master or agent of the ship and by the seaman. ________________________ 1. Repayment of advances taken from specified officers approved as a purpose for which a seaman may make allotment of any part of his monthly wages -
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 122
Title: Wages and Other Property of Seaman or Apprentice Left Behind
State: Central
Year: 1958
.....and, if required by the shipping master to do so shall furnish such vouchers as arc reasonably required to verify the statements. (3) The master shall at the time when he delivers the statements referred to in sub-section (2) to the shipping master also deliver to him the amount due to the seaman or apprentice in respect of wages and the property that was left on board by him, and the shipping master shall give to the master a receipt there for in the prescribed form. (4) The master shall be entitled to be reimbursed out of the wages or property referred to in clause (a) of sub-section (2) such expenses shown in the statement referred to in clause (b) of that sub-section as appear to the shipping master to be properly chargeable.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 182
Title: Modification of Law of Limitation Where Seaman is a Party
State: Central
Year: 1958
In computing the period of limitation provided in the foregoing provisions or in the Indian Limitation Act, 1908; or in any other law for the time being in force, for any suit, appeal or application to a court to which a seaman is a party, the period or periods during which the seaman has been a serving seaman, and if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be excluded : Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption except in such areas and in such circumstances as the Central Government may, by notification in the Official Gazette, specify in this behalf.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 193
Title: Conveyance of Deserter or Imprisoned Seaman on Board Ship
State: Central
Year: 1958
.....the owner or agent of the owner of the ship may, without prejudice to any other action that may be taken against the seaman or apprentice under this Act, convey him on board his ship and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case. (2) If, either at the commencement or during the progress of any voyage, a seaman or pprentice engaged in an Indian ship commits outside India, the offence of desertion or absence without leave of any offence against discipline, the master, any mate, the owner or gent of the owner may, if and so far as the laws in force in the place will permit, arrest him ithout first procuring a warrant. (3) No person shall convey on board or arrest a seaman or apprentice on improper or insufficient grounds. (4) Where a seaman or apprentice is brought before a court on the ground of desertion or f absence without leave or of any offence against discipline, and the master or the owner, or his gent, so requires, the court, may, in lieu of committing and sentencing him for the offence, ause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 206
Title: Procedure Where Seaman Not Shipped in India is Imprisoned on Complaint of Master or Owner
State: Central
Year: 1958
.....in writing of the Central Government or of such officer us it may specify in this behalf, engage in India any person to serve as a substitute for such seaman on board the ship; and (b) the Central Government or such officer as it may specify in this behalf may tender such seaman to the master or owner of the ship in which he is engaged to serve, and if such master or owner, without assigning reasons satisfactory to the Central Government or to such officer as aforesaid, refuses to receive him on board may require such master or owner to deposit in the local shipping office (i) the wages due to such seaman and his money and other property and (ii) such sum as may, in the opinion of the Central Government or such officer as aforesaid, be sufficient to defray the cost of the passage of such seaman to the port at which he was shipped according to the scale of costs usual in the case of distressed seamen.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 102
Title: Engagement of Seaman Where Agreement is Made out of India
State: Central
Year: 1958
1 [102. Engagement of seaman where agreement is made out of India Notwithstanding anything contained in any other provision of this Act, the master of a ship registered at a port outside India who has an agreement with the crew made in due form according to the law of that port or of the port in which her crew were engaged may engage in any port in India- (a) a seaman who is not a citizen of India and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the country in which the ship is registered or, as the case may be, of the country in which the said agreement was made; or (b) a seaman who is a citizen of India and who holds a certificate of discharge or a continuous certificate of discharge issued under this Act. and any seaman so engaged under clause (a) or clause (b) may sign the agreement aforesaid and it shall not be necessary for him to sign an agreement under this Act.] _________________________ 1. Substituted for Section 102 by Merchant Shipping (Amdt.) Act (41 of 1984), Section 5 (15-7-85).
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 131
Title: Master to Give Facilities to Seaman for Remitting Wages
State: Central
Year: 1958
Where a seaman expresses to the master of the ship his desire to have facilities afforded to him for remitting any part of the balance of the wages due to him to a savings bank or to a near relative, the master shall give to the seaman all reasonable facilities for so doing so far as regards so much of the balance as is within the limits, if any, specified1in this behalf by the Central Government, but shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port or otherwise than conditionally on the seaman going to sea in the ship. ________________________ 1. One-fourth of the balance of wages due to a seaman at the time of his remitting money has been specified for the purposes of this section-
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