Section 157
Recovery of wages, etc., of seamen lost with their ship.
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) Where a seaman or
apprentice is lost with the ship to which he belongs, the Central Government or such officer as the
Central Government may appoint in this behalf may recover the wages and the compensation due to
him from the owner, master or agent of the ship in the same Court and in the same manner in which
seamen's wages are recoverable, and shall deal with those wages in the same manner as with the
wages and compensation due to other deceased seamen or apprentices under this Act.
(2) In any proceedings for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable.
(2) In any proceedings for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable.