Section 124
Discharge of seamen on change of ownership.
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) If an Indian ship is transferred or
disposed of while she is at or on a voyage to any port outside India, every seaman or apprentice
belonging to that ship shall be discharged at that port, unless he consents in writing in the presence of
the Indian consular officer to complete the voyage in the ship if continued.
(2) If a seaman or apprentice is discharged from an Indian ship in terms of sub-section (1), the provisions of section 123 shall apply as if the service of the seaman or apprentice had terminated without his consent and before the expiration of the period for which the seaman was engaged or the apprentice was bound.
(3) Every seaman or apprentice discharged in terms of sub-section (1) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his Service has been wrongfully terminated by the owner before the expiration of the period for which the seaman was engaged or the apprentice was bound.
(2) If a seaman or apprentice is discharged from an Indian ship in terms of sub-section (1), the provisions of section 123 shall apply as if the service of the seaman or apprentice had terminated without his consent and before the expiration of the period for which the seaman was engaged or the apprentice was bound.
(3) Every seaman or apprentice discharged in terms of sub-section (1) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his Service has been wrongfully terminated by the owner before the expiration of the period for which the seaman was engaged or the apprentice was bound.