Introduction
The Merchant Shipping Act, 1958 places significant emphasis on maintaining discipline on board ships while simultaneously protecting the rights and welfare of seafarers. To ensure accountability, the Act clearly defines offences, prescribes procedures for recording misconduct, and lays down strict requirements for maintaining the Official Log Book. These provisions help balance authority on board with fairness and legal protection for crew members.
General Offences Against Discipline
A seaman or apprentice may be penalized under the Act for committing offences that disrupt discipline or endanger the ship. These include acts that cause damage to the vessel, cargo, or equipment, or that threaten the life or safety of persons on board. Refusal or omission to perform duties necessary to save the ship or any person on board is also considered a serious offence.
Other offences include desertion, refusal to join the ship or sail without reasonable cause, absence from duty, neglect of duty, or willful disobedience of lawful commands. Continued neglect or disobedience is treated more severely. Acts such as assaulting the master or fellow crew members, combining with others to disobey commands, delaying the voyage, damaging cargo or ship’s property, and involvement in smuggling—including drug smuggling—are also punishable under the Act.
Procedure Following an Offence
Whenever a disciplinary offence is committed, a formal entry must be made in the Official Log Book. This entry must be signed by the master, the mate, and at least one member of the crew. A copy of the entry must be provided to the offender, read out to him, and explained clearly.
If the offender wishes to respond, his reply must also be recorded in the log book and signed by the same witnesses. The log book must additionally contain a statement confirming that the entry was read out and that a copy was furnished to the offender. Failure to comply with these procedural requirements can result in courts dismissing the case against the seaman.
Official Log Book: Legal Importance
The Official Log Book is a vital legal document under the Merchant Shipping Act. It serves as an official record of events, discipline, and administrative actions on board. Courts rely heavily on the accuracy and completeness of log book entries when dealing with disputes, disciplinary cases, or claims.
Entries must be made as soon as possible after the occurrence. If an entry is not made on the same day, both the date of the occurrence and the date of the entry must be recorded. When an event occurs before the ship’s arrival at her final port, the entry must be completed within twenty-four hours of arrival.
Mandatory Log Book Entries Related to Crew
The Act specifies numerous events relating to seamen and apprentices that must be recorded in the Official Log Book. These include convictions by legal tribunals and the punishments imposed, offences committed with intent to prosecute or levy fines, and punishments actually inflicted.
The log book must also record injuries, illnesses, treatment provided, deaths on board with causes, and even births or marriages occurring during the voyage. When a crew member ceases to be part of the crew for reasons other than death—such as sign-off or evacuation—full details must be entered.
In the event of a death on board, the log book must contain details of wages due and deductions, along with an inventory of the deceased’s money and property.
Other Important Log Book Entries
In addition to crew-related matters, the Official Log Book must record incidents such as collisions, casualties, distress signals received and actions taken, change of command, inspection of provisions and accommodation, life-saving and fire-fighting equipment inspections, and radio room checks. These entries reinforce safety, transparency, and regulatory compliance.
Rights of Seamen in Respect of Wages
The Merchant Shipping Act strongly protects a seaman’s right to wages. A seaman’s entitlement to wages begins from the time he starts work or from the time specified in the Articles of Agreement. A seaman cannot, by any agreement, forfeit his lien on the ship for the recovery of wages.
Wages do not depend on the earning of freight. If a voyage terminates prematurely due to wreck, loss, or abandonment of the ship, the seaman is entitled to continued wages for a prescribed period depending on whether the ship was engaged in home trade or foreign trade.
Similarly, if a seaman is left ashore outside India due to illness or inability to continue the voyage, he is entitled to wages until he reaches a proper return port.
Recovery of Wages
When wages become payable and are not paid, a seaman or apprentice may apply to a Judicial Magistrate of the First Class or a Metropolitan Magistrate. The magistrate tries such cases summarily, and the decision is final.
Civil court proceedings are allowed only in limited circumstances, such as when the ship is under arrest, the owner is insolvent, or the magistrate refers the matter to a civil court.
Desertion and Absence Without Leave
The Act strictly prohibits desertion and absence without leave. A lawfully engaged seaman must not desert the ship, refuse to sail, or absent himself without reasonable cause. However, unseaworthiness of the ship is recognized as a valid reason, provided the seaman has first reported the issue to the appropriate authority.
If a seaman absents himself without leave, the matter may be reported to the Director General of Shipping, who may order the withholding of the seaman’s Continuous Discharge Certificate for a specified period. Courts may also direct that expenses incurred in bringing the seaman back be deducted from his wages.
Procedure for Discharge of a Seaman
When a seaman is discharged in India, the discharge must take place in the presence of a Shipping Master. The master must issue a certificate of discharge specifying the period of service and place of discharge. For certificated officers, the certificate of competency must be returned upon discharge.
The master is required to submit a report on the seaman’s work and conduct, which may be endorsed on the seaman’s discharge certificate if requested. In cases where a seaman is left behind, detailed wage and property records must be entered in the log book and reported to the Shipping Master within forty-eight hours of arrival in India.