What are the general offences against discipline for which a seaman may be penalised in accordance with merchant shipping act 1958? What are the official log book entries requirements with regards to such offences?
The General offences against discipline for which a seaman or apprentice may be penalized as per MSA 1958 are:
- If he does any act which causes damage to or loss of the ship or injury or threat to the life of any person on board.
- If he refuses or omits to do any act to save the ship from damages or loss or any person on board from injury or threat to life.
- If he deserts the ship.
- If he refuses to join the ship or to sail after joining without reasonable cause.
- If he is absent from his duty without reasonable cause.
- If he is guilty of neglect of duty or willful disobedience to any lawful command.
- If he is guilty of continued willful neglect of duty or continued willful disobedience to lawful command.
- If he assaults the master, officer, seaman or apprentice belonging to the ship.
- If he combines with other crew to disobey lawful commands or neglect his duty or impose the navigation of the ship or delay her voyage.
- If he willfully damages the ship her stores or cargo or commits criminal misappropriation of breach of trust.
- If a seaman or apprentice is convicted of an offence of smuggling any goods which may cause any loss or damage to Master or owner.
- If a seaman is convicted of an offence of Smuggling of drugs.
In case of any of the above offences committed by a seaman:
- An entry to the above shall be made in the official log book and be signed by the master, mate and one of the crew.
- A copy of the entry shall be given to the offender and it shall also be read out and explained to him. If the offender makes any reply, it shall also be entered in the official log book and signed as above. A statement that a copy has been furnished and the entry has been read out to the offender shall also be entered in the official log book & be signed by the master, mate and a member of the crew. Any court hearing proceedings of a case of offence against the offender may dismiss the case if the above entries in the official log book or proof thereof, are not produced.