Act Number: 44

Act Name: The Merchant Shipping Act, 1958

Year: 1958

Enactment Date: 1958-10-30

Long Title: 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.

Ministry: Ministry of Shipping

Department:

Section 120: Certificate as to work of seamen.
    (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.
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