Section 5 in The Merchant Shipping (Seamen's Levy of Fees) Rules, 1974
5. Security for payment of annual fee in respect of Seamen engaged on ships other than Indian ships.
(1)The master, owner or agent of a ship other than an Indian ship shall give to the proper officer a bond with the security from an approved person resident in India for such amount as may be fixed by the proper officer and every such bond shall be conditioned for the full payment of the annual fee due from the master, owner or agent of the ship, with expenses, if any, incurred in the recovery of the annual fee:Provided that the proper officer shall waive the requirement of this sub-rule in respect of owners of ships who employ seamen from India and have a Company Roster of their own.(2)Any bond executed by the master or owner of other than an Indian ship under sub-section (3) of section 1 14 or any security given by the agent of any such ship under the proviso to that sub-section may be deemed to be a sufficient bond or, as the case may be, a security for the purpose of sub-rule (1):Provided that any existing bond furnished under sub-section (3) of section 1 14 of the Act shall be deemed to be a bond under this rule.(3)Where any bond or security referred to in sub-rule (2) is given to any shipping master who is not appointed as a proper officer under these rules, he shall transmit necessary particulars of the said bond or security to the proper officer as soon after any such bond is executed or, as the case may be, security is accepted.(4)Any bond executed or security given under this rule shall be enforceable by any competent court in the same manner as if they had been given to it.(5)Where any bond or security is enforced by a competent court, the court may decide as to the costs of the proceedings and the person from whom and the extent to which such costs shall be recovered and treated as expenses under these rules.
