section 99
General liability against discipline.
The Merchant Shipping Act, 2025Infrastructure2025327 sections
Part V SEAFARERS
Statutory text
- (1) Any seafarer lawfully engaged shall be liable to penalty or be guilty of an offence under this Act, if he commits any of the following acts, namely:--
- (a) if he quits the vessel without leave after her arrival at her port of delivery and before she is placed in security;
- (b) if he has received an advance payment on the basis of his agreement and wilfully or through misconduct fails to attend his vessel or desert therefrom before the payment becomes due to him;
- (c) if he wilfully disobeys any lawful command or neglects the duty;
- (d) if he continues to wilfully disobey any lawful commands or if he combines with any of the seafarers to wilfully disobey any lawful commands, or continues with wilful neglect of duty or if he combines with any of the seafarer to neglect duty or to impede the navigation of the vessel or retard the progress of the voyage;
- (e) if he assaults the master or any other seafarer belonging to the vessel;
- (f) if he wilfully damages his vessel or commits criminal misappropriation or breach of trust in respect of, or wilfully damages any of, her stores or cargo.
- (2) The prosecution against any seafarer for any offence specified under clauses (d),
- (e) and (f) of sub-section (1) may be instituted by the Director-General or an officer authorised by him.
- (3) The Director-General may, by order, suspend or cancel any certificate granted under this Act to any seafarer for any specified period, for any offence specified in sub-section (1) during the course of the hearing or legal proceeding: Provided that no order of suspension or cancellation shall be passed unless the person concerned has been given an opportunity of being heard.
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