Section 120
Certificate as to work of seamen.
The Merchant Shipping Act, 1958
About this Act
An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board to provide for the registration, certification, safety and security of Indian ships and generally to amend and consolidate the law relating to merchant shipping.
(1) When a seaman is discharged from a ship in India,
the master shall furnish to the shipping master before whom the discharge is made a report in the
prescribed form stating --
(a) the quality of the work of the seaman; or
(b) whether the seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars;
and the shipping master shall, if the seaman so desires, give to him or endorse on his certificate of discharge a copy of such report.
(2) A seaman who is entitled to a certificate of discharge under section 119 may, if he so desires, be granted by the master, in lieu of the certificate referred to in sub-section (1) of the said section or the report referred to in sub-section (1) of this section, a continuous discharge certificate specifying the period of his service together with an endorsement stating --
(a) the quality of the work of the seaman; or
(b) whether the 'seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars;
and the shipping master shall thereupon sign and give such continuous discharge certificate notwithstanding anything to the contrary contained in sub-section (1).
(3) If the master states that he declines to express an opinion on the particulars mentioned in clauses (a) and (b) of sub-section (1) or sub-section (2), he shall enter in the official log book his reasons for so declining.
(a) the quality of the work of the seaman; or
(b) whether the seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars;
and the shipping master shall, if the seaman so desires, give to him or endorse on his certificate of discharge a copy of such report.
(2) A seaman who is entitled to a certificate of discharge under section 119 may, if he so desires, be granted by the master, in lieu of the certificate referred to in sub-section (1) of the said section or the report referred to in sub-section (1) of this section, a continuous discharge certificate specifying the period of his service together with an endorsement stating --
(a) the quality of the work of the seaman; or
(b) whether the 'seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars;
and the shipping master shall thereupon sign and give such continuous discharge certificate notwithstanding anything to the contrary contained in sub-section (1).
(3) If the master states that he declines to express an opinion on the particulars mentioned in clauses (a) and (b) of sub-section (1) or sub-section (2), he shall enter in the official log book his reasons for so declining.