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[Cites 0, Cited by 2] [Section 101] [Entire Act]

Union of India - Subsection

Section 101(2) in The Merchant Shipping Act, 1958

(2)The agreement with the crew shall contain as terms thereof the following particulars, namely:-
(a)the name of the ship or ships on board which the seaman undertakes to serve;
(b)either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend;
(c)the number and description of the crew of different categories in each department;
(cc)[ hours of work and rest in a week, as may be prescribed;] [Inserted by Act No. 32 of 2014.]
(d)the time at which each seaman is to be on board or to begin work;
(e)the capacity in which each seaman is to serve;
(f)the amount of wages which each seaman is to receive;
(ff)[ the entitlement for leave, as may be prescribed;] [Inserted by Act No. 32 of 2014.]
(g)a scale of the provisions which are to be furnished to each seaman, such scale being not less than the scale fixed by the Central Government and published in the Official Gazette;
(h)a scale of warm clothing and a scale of additional provisions to be issued to each seaman during periods of employment in specified cold regions;
(i)any regulations as to conduct on board and as to fines or other lawful punishments for misconduct, which have been sanctioned by the Central Government as regulations proper to be adopted, and which the parties agree to adopt;
(j)payment of compensation for personal injury or death caused by accident [arising out of employment or] [Substituted for the words 'arising out of and' by Act No. 32 of 2014.] in the course of employment;
(k)where it is agreed that the services of any seaman shall end at any port not in India, a stipulation to provide him either fit employment on board some other ship bound to the port at which he was shipped or to such other port in India as may be agreed upon, or a passage to some port in India free of charge or on such other terms as may be agreed upon;
(kk)[ the terms of agreement with the crew shall be determined after consultation with such organisations in India as the Central Government may, by order, notify to be the most representative of the employers of seamen and of seamed.] [Inserted by Act No. 32 of 2014.]
(l)stipulations relating to such other matters as may be prescribed.