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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.

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

SEAMEN'S PROVIDENT FUND ACT, 1966 Section 3

Title: Seamens Provident Fund Scheme

State: Central

Year: 1966

(1) The Government may, by notification in the Official Gazette, frame a scheme to be called the Seamen's Provident Fund Scheme for the established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme. (2) Subject to the provisions of this Act, the Scheme may provide for all or any of the matters specified in the Schedule to this Act. (3) The Scheme may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the Scheme. (4) The Scheme shall have effect notwithstanding anything contained in any law for the time being in force other than this Act or in any instrument having effect by virtue of any law other than this Act. (5) The Government may, by notification in the Official Gazette, add to, amend, very or rescind the Scheme.

Merchant Shipping Act, 1958 Part VII

Title: Seamen and Apprentices

State: Central

Year: 1958

.....ordinarily engaged in maritime navigation, other than a ship of war.] _________________________ 1. Inserted by the Merchant Shipping (Amendment) Act, 2007 [Act No. 40 of 2007]. Section 100 - Agreements with crew The master of every Indian ship, except a home-trade ship of less than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of his crew from any port in India. Section 101 - Form and contents of the agreement (1) An agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be1[signed by the owner or agent and the master] before any seaman signs the same. (2) The agreement with the crew shall contain as terms thereof the following particulars, namely:- (a) the name of the ship or ships on board which the seaman undertakes to serve: (b) 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.....

SEAMEN'S PROVIDENT FUND ACT, 1966 Complete Act

State: Central

Year: 1966

.....means a seaman who is in possession of a continuous discharge certificate and who is admitted as a member of the Fund; (j) "Merchant Shipping Act" means the Merchant Shipping Act, 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[ 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. SECTION 03: SEAMEN'S PROVIDENT FUND SCHEME (1) The Government may, by notification in the Official Gazette, frame a scheme to be called the Seamen's Provident Fund.....

MERCHANT SHIPPING ACT, 1958 Section 95

Title: Business of seamen's employment offices

State: Central

Year: 1958

.....of seamen] (c) to perform such other duties relating to seamen and merchant ships as are from time to time, committed to them by or under this Act. 2 [***] (3) The Central Government may make rules for the purpose of enabling seamen's employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may, provide for- (a) consultation with respect to any specified matter by seamen's employment offices with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf; 3 [(b) the levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamen's employment office; (c) the issue of directions by the Central Government to any seamen's employment office or any recruitment and placement service with reference to the exercise of any of its powers; (ca) the conditions under which the recruitment and placement service to recruit and place seafarers abroad; (cb) the circumstances and conditions under.....

Merchant Shipping Act, 1958 Section 150

Title: Power to Refer Disputes Between Seamen and their Employers to Tribunals

State: Central

Year: 1958

.....any other matter which may be prescribed; and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other party or parties to the proceedings and with the leave of the tribunal. (4) The tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on the conclusion of the proceedings, submit its award to the Central Government. (5) On receipt of the award, the Central Government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication : Provided that where the Central Government is of opinion that it will be inexpedient on public grounds to give effect to the award or any part of it, it may before the expiry of the said period of thirty days by order in the Official Gazette either reject the award or modify it and where the Central Government docs so, the award shall not become enforceable or shall become enforceable subject.....

Merchant Shipping Act, 1958 Section 98

Title: Qualification For, and Medical Examination Of, Seamen

State: Central

Year: 1958

.....the examination shall be conducted, and the fees payable therefor; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). _________________________ 1. See the Indian Merchant Shipping (Medical Examination) Rules, 1958 made under Section 26A of the old Act of 1923.

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.

MERCHANT SHIPPING ACT, 1958 Section 13

Title: Seamen's welfare officers

State: Central

Year: 1958

(1) The Central Government may appoint a seamen's welfare officers at such ports in or outside India as it may consider necessary. (2) A seamen's welfare officer appointed under sub-section (1) shall perform-- (a) in the case of any such officer appointed at any port in India, such functions in relation to welfare of seamen as may be assigned to him by the Central Government; (b) in the case of any such officer appointed at any port outside India, such functions in relation to welfare of seamen and such functions of an Indian consular officer under Part VII as may be assigned to him by the Central Government. (3) If any seamen's welfare officer appointed at any port outside India performs any functions assigned to an Indian consular officer under Part VII, such functions shall have the same effect as if they had been performed by an Indian consular officer for the purposes of that Part.