Disclaimer: The idea of publishing this article is to: generate positive interest in mariner about the MSA 58; and familiarize him broadly with the scope and range of the Act without going into legal intricacies. Reader, in order to make final conclusion must refer to the Act in full with the relevant MS Rules.
Q. What are the general offences against discipline?
Ans. S-194 deals with general offences against discipline. These are:
- quitting the ship without leave after her arrival at port before she is placed in security;
- willful disobedience to any lawful command or neglect of duty;
- continued willful disobedience to lawful commands or continued willful neglect of duty;
- assaulting the Master, any other officer, seaman or an apprentice belonging to the ship;
- combining with any of the crew to disobey lawful commands or neglecting duty or impeding the navigation of the ship or retarding the progress of the voyage;
- willfully damaging his ship or committing criminal misappropriation or breach of trust in respect of, or willfully damaging stores or cargo.
Q. What action may be taken against a seamen or apprentices for smuggling of goods?
Ans. If a seaman or an apprentice is convicted of an offence of smuggling goods whereby loss or damage is occasioned to the Master or Owner of the ship, he shall be liable to pay a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.
If the convicting is about smuggling opium, hemp or any other narcotic drug, etc the director-general may direct the cancelling of CDC and its suspension for a specified period.
Q. Explain the procedure of a log entry of a matter of indiscipline. What are the legal implications?
Ans. S-196 deals about entry of offences in official logs. It says, if any offence of desertion, absence without leave or indiscipline is committed, or if any act of misconduct causing fine is committed:
(a) An entry shall be made in the official log book and signed by the Master, the Mate and one of the crew.
(b) The offender, shall be furnished with a copy of the entry and the same is read over distinctly and audibly to him. The offender may thereupon make reply. If offender is still on the ship, the above is done:
- before the next port; or
- if she is at the time in port, before her departure.
(c) A statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid.
(d) In any subsequent legal proceedings the entries by this section required shall, if practicable, be produced or proved. If this is not done the court may in its discretion, refuse to receive evidence of the offence or act of misconduct.
Q. Where is the Master required to report a desertion?
Ans. Whenever any seaman engaged outside India on an Indian ship deserts or otherwise absents without leave, the Master of the ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the shipping master’ or to such other officer as the central government specifies in this behalf, unless in the meantime, the deserter or absentee returns.
Q. What should the Master of an Indian ship do, if a seaman or an apprentice deserts in a foreign port?
Ans. In every case of desertion from an Indian ship whilst such ship is at any place out of India, the Master shall produce the entry of desertion in the official log book to the Indian consular officer at the place, and that officer shall certify the entry. The Master shall forthwith transmit such copy to the shipping master at the port of joining. The shipping master shall, if required, cause the same to be produced in any legal proceeding. The same is admissible as evidence.
Q. What are the conditions to be fulfilled to cause forfeiture or to waive it?
Ans. Whenever a question arises, whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in and either that he left the ship before the completion of the voyage. Also, that an entry of his desertion has been duly made in the official log book. The desertion shall be proved, unless the seaman or apprentice can produce CDC or can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship.
Q. Who is a stowaway according to the MSA, 58?
Ans. As provided in s-205, a person who secretes himself and goes to sea in a ship without the consent of either the owner, the agent, the Master, mate or of the person in charge of the ship or of any other person entitled to give that consent, is a stowaway.
Q. What treatment is prescribed for such persons, in the event when they have to be carried on a voyage?
Ans. Every stowaway, so long as he remains in the ship, will be subjected to the same laws and regulations for preserving discipline and to the same fines and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and has signed the agreement with, the crew.
Q. What does the Act say about reporting a stowaway?
Ans. The Master of any Indian ship arriving at any port (in or outside India) and the Master of any foreign ship arriving at any port or place in India shall report the fact in respect of the stowaway in writing to the proper officer as soon as may be, after the arrival of the ship.
Q. How is the OLB entry done?
Ans. S-213 deals with this matter. An official logbook entry must be signed by Master and mate or some other member of crew. Entry will also be signed by medical officer in case of death whereas for the entry regarding the wages of a seamen who dies, will be made by mate and some member of crew in addition to the Master. An official log must be kept in prescribed form on every ship except a home trade vessel of less than 200 GRT. The entry required by this Act must be made as soon as possible after the relevant occurrence. If not made on the same date as occurrence shall be made and dated so as to show the date of occurrence. For an occurrence that happened prior arrival, entry shall be made within 24 hours of arrival. Every entry in the prescribed manner is admissible in the court.
Q. How is the OLB entry done?
Ans. S-213 deals with this matter. An official logbook entry must be signed by Master and mate or some other member of crew. Entry will also be signed by medical officer in case of death whereas for the entry regarding the wages of a seamen who dies, will be made by mate and some member of crew in addition to the Master. An official log must be kept in prescribed form on every ship except a home trade vessel of less than 200 GRT. The entry required by this Act must be made as soon as possible after the relevant occurrence. If not made on the same date as occurrence shall be made and dated so as to show the date of occurrence. For an occurrence that happened prior arrival, entry shall be made within 24 hours of arrival. Every entry in the prescribed manner is admissible in the court.
Q. What entries are required to be made in the official log book?
Ans. As provided in S-214, entries required to be made in official log books are in respect of the following matters:
- every conviction by a legal tribunal of a member of his crew and the punishment inflicted;
- every offence committed by a member of his crew for which it is intended to prosecute or to enforce a forfeiture or exact a fine, together with such statement concerning the reading over of that entry and concerning the reply (if any) made to the charge as is required by this Act;
- every offence for which punishment is inflicted onboard and the punishment inflicted;
- a report on the quality of work of each member of crew, or a statement that the Master declines to give an opinion thereon with a statement of his reasons for so declining;
- every case of illness, hurt or injury happening to a member of the crew with the nature thereof and the medical treatment adopted (if any);
- every case of death happening on board and the cause thereof, together with such particulars as may be prescribed;
- every birth happening on board, with the sex of the infant, the names of the parents and such other particulars as may be prescribed;
- every marriage taking place on board with the names and ages of the parties;
- the name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time manner and cause thereof;
- the wages due to any seaman or apprentice who dies during the voyage and the gross amount of all deductions to be made therefrom;
- the money or other property taken over of any seaman or apprentice who dies during the voyage;
- any other matter which is to be or may be prescribed for entry in the official log.
Q. Where is the requirement regarding an official logbook mentioned?
Ans. S 212 states that official log book is to be kept in the prescribed form in every Indian ship except a home-trade ship of less than two hundred GRT. It may, at the discretion of the Master or owner, be kept distinct from or united with the ordinary ship’s log so that in all cases the spaces in the official log book be duly filled up.
Q. What is the legal implication of an Official Log entry?
Ans. Every entry made in an official log book in the manner provided by this Act shall be admissible in evidence as stated in S 213.
Q. Whom must a Master notify the fact regarding death or birth on board?
Ans. The Master of every such ship, upon its arrival at any port in India or at such other time and place as the central government may with respect to any ship or class of ships direct, shall deliver or transmit, in such form as the director-general may specify, a return of the facts recorded by him in respect of the birth of a child, or the death of a person on board the ship to the director-general. The director-general shall send a certified copy of such returns received by him as relating to citizens of India, to such officer as may be specified in this behalf by the central government. Every such copy shall be deemed to be a certified copy of the entry with respect to the person concerned, registered under any law in force for the time being relating to the registration of births and deaths.
Q. What is the provision regarding the delivery of official logs to shipping master?
Ans. The Master shall, within forty-eight hours after the ship’s arrival at her final port of destination in India or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the shipping master before whom the crew is discharged.
Q. To whom is the official log book given in case of transfer of ship or loss?
Ans. If for any reason the official log ceases to be required in respect of an Indian ship, the Master or owner of the ship shall, if the ship is then in India within one month, and if she is elsewhere within six months, after the cessation, deliver or transmit to the shipping master’ at the port to which the ship belonged the official log book duly completed up to the time of cessation. If a ship is lost or abandoned, the Master or owner thereof shall, if practicable and as soon as possible, deliver or transmit to the shipping master’ at her port of registry the official log book, duly completed up to the time of the loss or abandonment.
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