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
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.
No comments:
Post a Comment