Section 169
Allowances for short or bad provisions.
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) In either of the following cases, that is to
say,--
(a) if during the voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or
(b) if it is shown that any of those provisions are or have during the voyage been bad in quality or unfit for use,
the seaman shall receive by way of compensation for that reduction or bad quality according to the time of its continuance, sums in accordance with such scale as may be prescribed, to be paid to him in addition to, and to be recoverable as, wages.
(2) If it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration in making an order.
(a) if during the voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or
(b) if it is shown that any of those provisions are or have during the voyage been bad in quality or unfit for use,
the seaman shall receive by way of compensation for that reduction or bad quality according to the time of its continuance, sums in accordance with such scale as may be prescribed, to be paid to him in addition to, and to be recoverable as, wages.
(2) If it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration in making an order.