Article Of Agreement Indian Ship

All of the above will be uploaded online to the DGS website just prior to filing. In the event of a dispute between the owner or agent and the captain of the ship and a sailor, such a dispute is referred to the port in India where the sailor must be permanently dismissed. Under Section 100 or the M.S. Act 1958, this agreement is referred to as the „crew agreement“ but is commonly referred to as a „contract article.“ The occupancy agreement system and the earlier articles of the contract imply that this maritime employment contract is a written contract, as prescribed by the M.S. Act of 1958. The contract is dated to the date of the first signing and signed by the owner and/or master before the sailors sign the same thing. In the new agreement with the crew, it provides for greater flexibility and the law now makes it clear that the contract will be concluded between the owner, as an employer and each crew member, and not with the crew as a gathering unit. Moreover, the agreement is not between master and sailor; not that it has ever been considered a matter of law, but the requirement that the master must sign (as the owner`s agent) often this impression. Ship items are considered part of a „ship document“ that constitutes the legal environment on board the vessel. [7] They are necessary to resolve disputes between sailors and their captains, as well as between sailors and owners of ships and cargo.

[6] [7] They are subject to port authorities and foreign consular officials to establish the Bona fides of a ship. [7] The agreement must cover the requirement for advances and allowances and other provisions that are not contrary to the law. The master provided a copy of the agreement to the crew members. Any modification of a crew agreement is only valid if it is carried out with the agreement of all parties involved and must be validated by the ship`s captain in India or by an Indian consular officer outside India. According to MS Act 1958, the master of every Indian vessel, with the exception of a merchant vessel of less than 200 GT, entered into an agreement with each sailor in which he entered and carried at sea as one of his crews. (v) the terms of use, as agreed by the National Maritime Board, which is a two-part organization of shipowners and sailors. The master of any Indian vessel, with the exception of a commercial vessel of less than two hundred gross tons, is required to enter into an agreement with any sailor he hires and to carry at sea as one of his crews. At the beginning of each voyage or engagement, the master ensures that a legible copy of the agreement is placed or placed on a part of the vessel, in a language understood by the majority of the crew, so that it is accessible to the crew.

B. After the first three original copies were taken on board the ship, two original copies will remain with the employer/employer representative. The original 4th and 5th copies would not have signatures made by the master or sailor on board the ship. The fourth original copy is kept by the employer/employer representative. The last, the 5th original copy, is transmitted by the employer/employer as soon as possible and, in any event, no later than 48 hours of signing a sailor to the shipping company concerned to the ship`s master concerned. In the 17th and 18th centuries, privateers and pirates developed into an authority independent of the laws of each nation.