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Section 113: Power to make rules.

The Merchant Shipping Act, 2025Central Act · Act 24 of 2025

(1) In addition to the power of the Central Government to make rules for enforcement of Maritime Labour Convention, the Central Government shall make rules generally to carry out the provisions of this Part, including rules in respect of the following matters, namely:---

(a) discharge of seafarers;

(b) payment of wages;

(c) advance and allotment of wages;

(d) rights of seafarers in respect of wages;

(e) mode of recovering wages;

(f) disputes between seafarers and employers;

(g) property of deceased seafarers;

(h) repatriation of seafarers and abandoned seafarers;

(i) provisions, health and accommodation;

(j) special provisions for the protection of seafarers in respect of litigation;

(k) provisions for the protection of seafarers in respect of other matters;

(l) provisions as to discipline;

(m) official logbooks.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---

(a) the categories and minimum manning scales of seafarers and the scales for different classes of vessels under sub-section (2) of section 56;

(b) the conditions subject to which vessel shall be in possession of a certificate under sub-section (2) of section 57;

(c) the form and manner of the grant of continuous discharge certificate and seafarers identity documents under clause (c) of sub-section (1) of section 58;

(d) the conditions subject to which licence may be granted under clause (a) of sub-section (2) of section 58;

(e) the form of certificate to be possessed by seafarer and the authority who grants that certificate to the effect that the seafarer is medically fit under section 60;

(f) the authority to whom and the form and manner in which the incident is to be reported under clause (e) of sub-section (6) of section 62;

(g) the authority to whom and the form, manner and the time within which the reports is to be submitted under clause (f) of sub-section (6) of section 62;

(h) other responsibilities of the recruitment and placement agency under clause (g) of sub-section (6) of section 62;

(i) the form and manner of seafarers employment agreement under sub-section (1) of section 63;

(j) the rate of interest on the wages payable to a seafarer under sub-section (2) of section 64;

(k) the hours of rest provided to every seafarer under section 65;

(l) the conditions subject to which seafarers are given annual paid leave under section 66;

(m) the circumstances and conditions for repatriation of seafarers under sub-section (1) of section 67;

(n) the financial security and manner of repatriation of seafarers under sub-section (2) of section 67;

(o) the indemnity amount to be paid to the seafarer under section 68;

(p) the number of seafarers to be employed onboard the vessel under section 69;

(q) the accommodations and recreational facilities for seafarers under section 70;

(r) the measures for providing protection of health and medical care to seafarers under section 72;

(s) the branches of social security protection to seafarers under section 75;

(t) the terms and conditions and the period during which a seafarer shall not be entitled to wages under sub-section (1) of section 79;

(u) the exceptions where a seafarer shall not be disentitled to claim wages under sub-section (2) of section 79;

(v) the manner of discharge from service of seafarer under sub-section (1) of section 80;

(w) the manner of discharge of property under section 81;

(x) the manner and the restrictions and conditions for utilisation of any unclaimed amount deposited with or recovered by shipping master for the welfare of seafarers under section 82;

(y) the qualifications and experience of persons appointed to the Tribunal under sub-section (1) and any other matter under clause (e) of sub-section (4) of section 89;

(z) the period within which the Tribunal shall submit its award to the Central Government under sub-section (7) of section 89;

(za) the extent and the conditions subject to which a seafarer shall be maintained or sent to a proper return port, under sub-section (2) of section 91;

(zb) the manner of possession of certificate and the form of such certificate under sub-section (3) of section 93;

(zc) the terms, conditions and manner of protecting a seafarer who is a party to litigation under sub-section (2) of section 94;

(zd) the form and manner of keeping logbook under sub-section (1) of section 112;

(ze) any other matter which is required to be or may be prescribed.

Where this provision sits

ActThe Merchant Shipping Act, 2025
Section113
Marginal notePower to make rules.
JurisdictionCentral
StatusIn force as published by the source

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