Section 144
Restriction on sale of and charge upon wages.
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) As respects wages due or accruing to a
seaman or apprentice--
(a) they shall not be subject to attachment by order of any court;
(b) an assignment thereof made prior to the accruing thereof shall not bind the person making the same;
(c) a power of attorney or authority for the receipt thereof shall not be irrevocable;
(d) a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any previous assignment of those wages or any attachment thereof or encumbrance thereon.
(2) The provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund or scheme approved in this behalf by the Central Government, the main purpose of which is the provision for seamen of health or social insurance benefits and the provisions of clauses (a) and (d) of sub-section (1) shall not apply to anything done or to be done for giving effect to such an assignment.
(3) Nothing in this section shall affect the provisions of this Act or any other law for the time being in force with respect to allotment notes.
(a) they shall not be subject to attachment by order of any court;
(b) an assignment thereof made prior to the accruing thereof shall not bind the person making the same;
(c) a power of attorney or authority for the receipt thereof shall not be irrevocable;
(d) a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any previous assignment of those wages or any attachment thereof or encumbrance thereon.
(2) The provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund or scheme approved in this behalf by the Central Government, the main purpose of which is the provision for seamen of health or social insurance benefits and the provisions of clauses (a) and (d) of sub-section (1) shall not apply to anything done or to be done for giving effect to such an assignment.
(3) Nothing in this section shall affect the provisions of this Act or any other law for the time being in force with respect to allotment notes.