MARINESHELF RECENT

MARINESHELF

Monday, October 8, 2012

WHAT IF A SEAMEN DIES DURING A VOYAGE ON INDIAN COAST




     1) When a seaman dies during a voyage on Indian Coast & ship proceeds to a port in India, Master shall                within 48 hrs after his arrival at his port of destination in India, pay and deliver any property to Shipping Master at that port.
        2) Deduction made by master in such account shall not be allowed unless verified by an entry in official log book, and also by such vouchers, if any, as may be reasonably required by shipping master.
        3) A shipping master in India shall grant to a master upon due compliance with such provisions of this section as relate to acts to be done at port of destination a certificate to that effect.
        4) Shipping master to whom effects of a deceased seaman are delivered, or who take charge of such effects under this act may if he thinks fit, sell the effects & proceeds of any such sale shall be deemed to form part of property of seaman.
        5) Before selling any valuables, shipping master may try to endeavour to ascertain the wishes of next of kin of deceased seaman as to the disposal of such valuables, if practicable and lawful, comply with such wishes.
        6) If seaman engaged in any ship, voyage of which is to terminate in India, dies during that voyage, master of ship shall report death to next of kin of seaman and to shipping master at his port of engagement and shall take charge of any money or effects belonging to seaman. Master shall enter in official log book, the following particulars:-
             i) a statement of amount of money and detailed description of other effects.
            ii) a statement of sum due and amount of deduction if any.
        7) The said money, balance of wages and other effects are in this act referred to as property of seaman or apprentice.
        8) If master fails to comply with provisions of this act, he shall be accountable for such property to the shipping master, and shall pay and deliver accordingly.
        9) Where any property of a deceased seaman is paid or delivered to a shipping master, the shipping master, after deducting for expenses incurred in respect of that seaman or of his property such sums as he thinks proper to allow may pay and deliver the residue to claimants who can prove themselves to the satisfaction of said shipping master and said shipping master is discharged from all further liability.
        10) Where no claim to property is received within one year, shipping master shall sell the property and pay proceeds of the sale into public account of India.
        11) If after proceeds of sale, any claim is made to the satisfaction of shipping master, claim shall be paid and if claim is not established, claimant can approach court.
        12) After expiration of 6 yrs, from receipt of such property by shipping master, no claim to such property shall be entertained without enacting of central government.

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