Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 12 seamen s employment offices Page 1 of about 146 results (0.128 seconds)

Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... 2/shipping corporation of india limited, it was submitted that the petitioner is certainly a seaman within the meaning of section 2(42) of the merchant shipping act, 1958 which reads:(42) 'seaman' means every person (except a master, pilot or apprentice/employed or engaged as a member of the crew of a ship under this act, but in relation to sections 178 - 183 (inclusive) includes a master.17 ..... this is as per section 95 of the act of 1958, which deals with the business of the seamen's employment offices.18. ..... 2 to recruit the required seamen through the seamen's employment office as per section 95 of the said act. ..... it was then submitted that after implementation of the order dated 27th march, 2001 issued by the directorate general of shipping company seamen are directly recruited to serve on board their vessels and not through the director, seamen's employment office, kolkata. ..... it is for the seamen employment office (under the central government) to regulate and control supply of categories of seamen as well as recruitment of persons for employment as seamen and retirement of seamen from such employment. ..... (w) 1995 before this court alleging illegal and arbitrary action on the part of sci seamen's employment office by way of not releasing and paying due overtime. ..... in terms of section 95, it is the business of seamen's employment office to regulate and control the supply of seamen and to recruit persons for their employment as seamen as well as retirement of seamen from their employment. .....

P.B. Abdul Rehman and ors. Vs. Director General of Shipping and ors.

Court : Mumbai

Reported in : 1994(1)BomCR134; (1993)95BOMLR239

..... the case of those petitioners who have received a rejection letter, the grounds set out are, inter-alia, that the petitioners are not seamen as defined under section 3(42) of the merchant shipping act, 1958. ..... respondents however, seek to read these rules with the merchant shipping (seamen's employment office) rules, 1986 which are issued under section 95 sub-section (3). ..... qualifications which are prescribed under the merchant shipping (seamen's employment offices) rules, 1986 do not take into account persons who have already been employed in the seafaring profession and are experienced seamen. ..... petitioners also claim the further relief of registration under the merchant shipping (seamen's employment office) rules, 1986. ..... not being granted to the petitioners is, they do not fulfil the eligibility criteria prescribed for new entrants under the merchant shipping (seamen's employment office) rules, 1986. ..... under sub-section (3), the central government has the power to make rules for the purpose of enabling seamen's employment offices to exercise their powers ..... under section 95, the businesses to be conducted by the seamen's employment offices are ..... section 12 deals with a seamen's employment office which can be established by the central government at every port in india in which it thinks it necessary so ..... include, inter-alia, pre-sea training certificate number and place of issue, seamen employment office registration number, port and date; certificate of efficiency as a lifeboatman, number. .....

Raj Harsh Sud and ors. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1996(2)BomCR293

..... section 99 of the merchant shipping act, 1958 provides that no person shall engage or carry to sea any seaman under the act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in india unless the seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under part vii of the merchant shipping act, 1958 ..... respondents did invite attention of the court during the course of his arguments also to the rules called merchant shipping (seamen's employment officers) rules, 1986 and particularly rule 5 thereof. ..... with subject matter of registration of seamen at the employment office and are not relevant for our purpose ..... said rules prescribes that the applicant should possess certificate in the prescribed form issued under merchant shipping (medical examination) rules, 1986 to the effect that he is medically fit to be employed on ships. ..... the learned counsel for the respondents has submitted that the training required for being employed for merchant vessels is altogether of a different kind than the training imparted to the sailors while working ..... rule 4(5) of the said rules appears to have been prescribed only for the apprentice or hamals or persons who are at the threshold of their career as seamen and who are keen to take employment as seaman in the category of deck and engine. ..... said rules prescribes the conditions of eligibility for issue of continuous discharge certificate for seamen other than certificated officers. .....

Union of India (Uoi) and ors. Vs. Forward Seamen Union and ors.

Court : Kolkata

Reported in : 2004(3)CHN509

..... prior to amendment of the said section 95 of the said act of 1958 the business of the seamen's employment offices, inter alia, was to regulate and control (i) the supply of such categories of seamen and for such class of ships as may be prescribed; (b) the recruitment of persons for employment as seamen and the retirement of seamen from such employment; (c) the promotion of seamen or changes of their categories; (d) to maintain registers of seamen in respect of the categories prescribed under the said act of 1958.14. ..... the entire gamut of the roll of the seamen's employment offices has been changed by the merchant shipping (amendment) act, 2002. ..... seamen's employment offices--(a) to issue licence, to regulate and control the recruitment and placement service, and to-(i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers,(ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services, and(iii) to maintain registers of seamen in respect of the categories of seamen;(c) to perform such other duties relating to seamen and merchant ships ..... the relief that has been claimed by the petitioners has to be considered in the light of the amended provisions of merchant shipping act, 1958 as amended by merchant shipping (amendment) act, 2002. .....

Antonio R. Borges and ors. Vs. Union of India (Uoi), Through Its Secre ...

Court : Mumbai

Reported in : 2003(4)BomCR529

..... the main thrust of the learned advocate for the petitioners was on the basis of section 121 of the merchant shipping act, 1958 (hereinafter referred to as 'the act of 1958'). ..... accordingly, the rules were framed in 1986 and they are called merchant shipping (seamen's employment office) rules, 1986. ..... sub-section (3) of section 95 reads as under :---'(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;(b) the levy and collection of such fees ..... as may be specified for any seamen's employment office for registering the name of any seaman in any register maintained by it;(c) the issue of directions by the central government to any seamen's employment office with reference to the exercise of any of its powers;(d) the supersession of any seamen's employment office which fails to comply with .....

Forward Seamen's Union of India (UOi) Vs. Union of India (UOi) and Ors ...

Court : Kolkata

Reported in : (2003)2CALLT395(HC)

..... in the writ petition, an attempt has been made to give the background and the mode and manner in which the seamen were engaged and employed prior to the promulgation of the merchant shipping act 1958 (hereinafter called as 'msa'). ..... the learned counsel for the petitioner submitted that section 95 provides for the business of the seamen employment officers (hereinafter referred to as 'seos') and under the said section it is provided that the seos should regulate and control the supply of such categories of seamen and for such class of ships as may be prescribed. ..... the said notification was issued in exercise of the power under sub-section (3) of section 95 of msa about the functioning of the seamen's employment offices in mumbai, chennai, and calcutta. ..... it has been argued by the learned counsel of the petitioner that under section 12 of msa, the central government has been empowered to establish at every port in india, in which it thinks necessary so to do, a seamen's employment office and in which, director, deputy director and assistant director may be appointed. ..... the learned counsel further submits that in the context of such an office, the provisions of sections 95 and 96 of msa, have considerable importance. .....

Sabeeha Faikage and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : (2013)1SCC262

..... in our view, it will be enough for us to recommend to the respondent no.1 to expedite the proposals which have been under consideration of the government and to take immediate steps to amend the merchant shipping act, 1958 and the rules 2005 in a manner they deem proper to ensure that the life of seafarers employed in different ships in high seas are made more secure and safe and in case of loss of life, their kith and kin are paid adequate amount of compensation.19. ..... they submitted that under rule 3 (1)(j) of the rules 2005, the recruitment and placement service providers also have the legal obligation to inform the seamens employment office concerned and next of kin of the seafarer of each death or disability of the seafarer within forty-eight hours of such death or disability as well as the details of the insurance coverage of the seafarers but in spite of such legal ..... he submitted that under section 338 of the shipping act, 2004 of saint vincent and the grenadines, the flag state of jupiter-6, the limits of liability of the ship owner have been fixed for claims arising on any distinct occasion and the compensation deposited in this court at the rate of 40,000 us dollars in case of death of officers and 25,000 us dollars in case of death of non- officers is in accordance with the provisions of section 338 of the shipping act, 2004 of saint vincent and the grenadines. .....

Forward Seamen Union of India Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... the division bench held that the directions given by the learned single judge were contrary to the provisions of the merchant shipping act, 1958 (as amended by amendment act of 2002) ('act' for short). ..... as and when the contractor engaged by the administration for providing catering services to the vessels in question would requite bazarmen, they would notify the seamen employment office accordingly and the seamens' employment office would provide placement service of bazarmen from amongst such list by enrolling such bazarmen from the list of the extent of not less than 140 per cent of the vacancy.5. ..... he also directed as follows:the director general of shipping services who is maintaining the list of bazarmen in terms of the recommendation of the adhoc committee engaged by the division bench of this court as mentioned above shall forthwith make over the said list to the local seamens' employment office. ..... the seamen's employment office would no more be responsible for their recruitment and placement. ..... any other person seeking to serve as a bazarmen should be entitled to get himself enrolled in such list, provided he is found fit and eligible by the seamens' employment office. ..... in these circumstances, the central government, while making the rules, if not already made, shall specifically consider the question as to whether the bazarmen employed through the contractors, though such bazarmen are not seamen or crew, are seafarers within the meaning of section 95 of the act.6. .....

State Bank of India Vs. Himalaya Shipping Co. Ltd.

Court : Kolkata

Reported in : AIR1985Cal85

..... the relevant provisions of the merchant shipping act may be noted : --section 3(42) 'seamen' means every person (except a master, pilot or apprentice) employed or engaged as a member of the crew of a ship under this act, but in relation to sections 178 to 183 (inclusive) includes ..... petition of the master, subhas mohan gangahar, it contended, inter alia, that the master of a ship has the same rights, liens and remedies for recovery of his wages as a seaman under the merchant shipping act, 1958.8. ..... claim to have been officers employed in the said vessel. ..... under sub-section (1) may also be made by any officer authorised by the central government in this behalf by general or special order.section 146. ..... master shall also, upon the discharge of every certificate officer, whose certificate of competency has been delivered to and retained by him, return the certificate to the officer.section 125. ..... of this court the receiver paid off the claims of the crew and the officers of the vessel as determined in the proceedings before the magistrate and signed off the crew, the officers and the master of the said vessel.3. ..... more or less simultaneously, the crew and some of the officers of the said vessel initiated proceedings in the court of the 16th metropolitan magistrate bombay to recover their unpaid wages claiming a lien over the vessel for ..... under the general law, wages due to the officers or the master of a vessel give rise to a maritime lien in their favour which is enforceable against .....

The Commander Coast Guard Region (East), Fort St. George, Chennai-9 an ...

Court : Chennai

Reported in : (2001)1MLJ420

..... of the learned additional solicitor general is that the reading of section 3(42) of the merchant shipping act, 1958, which defines the term seamen and sections 86 to 117 particularly sections 86, 86a, 102, 114 and 115 could only show that the act will apply only to such seamen, who are engaged or employed under the provisions of this act. ..... , the chief officer of the vessel on his behalf and on behalf of the crew of the vessel, filed an application under order 14, rule 8 of original side rules read with section 125 of the merchant shipping act, 1958 application no.633 of 2000 praying the court to direct the advocate receiver to pay the wages to them out of the proceeds of the sale of ..... appeal was taken up sri.sampathkumar, learned counsel appearing for the first respondent chief officer in the vessel and the crew frankly conceded that the order of the learned single judge directing payment of wages due to the chief officer and the crew out of the sale proceeds of the cargo is erroneous as the maritime lien of the seamen is only against the ship.15. ..... treated with respect and care, if not with benevolence, and in consequence, even after the arrest of the ship, the salaries of the chief officer and the chief engineer 'doing necessary maintenance work' have been held to be proper items of marshal's costs.subsistence monies incurred after the arrest and crew repatriation expenses have also been ordered as a first charge against the ship, probably as wages rather than custodia legis. .....