In accordance with the MS Act 1958, the master of any Indian ship, with the exception of a domestic trading vessel of less than 200 TJR, enters into an agreement with any seafarer employed and carries at sea as a member of his crew. By a Congressional Act of 1790, Articles of Agreement was a document required of any ship going to a foreign port and for any ship of 50 tons or more bound to each national port, except in a neighboring state. Fishermen were also required to sign navigation articles and were entitled to the same privileges and rules as seafarers. The document contained the signatures of the master and each crew member (or his mark) and was considered a separate contract for each person signing. It provided legal evidence not only of the nature and duration of the journey, but also of the obligations to be fulfilled and the wages due. A copy of the objects, certified by the collector, was to be taken by the master on board the ship and, if necessary, to be presented to any consul or commercial agent who was the subject of a complaint. As a new contractual item was required for each trip (and they were not recalled by customs), these documents are often found in maritime collections. They are one of the most valuable and comprehensive sources of research and provide important information on a wide range of maritime issues. The agreement must take into account the pre-allocation requirement and other provisions that are not contrary to the law. The master shall make available to the crew members a copy of the agreement.
Any modification of a crew contract is only valid if it is made with the agreement of all parties concerned and must be approved by the Chief of Navigation in India or by an Indian consular officer outside India. b. After the first three original copies have been taken on board the ship, two original copies are kept by the employer/employer representative. The 4th and 5th original copies would not be signed by the master or by sailors on board the ship. The 4th original is kept by the employer/employer representative. The last one, i.e. the 5th original copy, is transmitted by the employer/employer`s representative at the earliest and, in any case, no later than 48 hours after the signing of the contract, ashore in India, in the office of the employer/employer`s representative, to the relevant Shipping Master for registration. The contractual items must be dated within the prescribed date of and at the time of the first signature of the crew and must be signed in advance by the owner or the agent & the master.
. Finally, it should be signed and stamped by a signatory authorized by the person of the company to certify it and also be signed by the sailor. There are 5 originals and 3 photocopies that would end up staying with people/entities, as described below. All of this is posted on the DGS website just prior to submission, as described above. In the event of a dispute between the owner or agent and the master of the ship and a seafarer, such a quarrel shall be referred to the port of India where the seafarer is to be definitively released. Your email address will not be published. Mandatory fields are marked * The backs of articles often contained sections of federal legislation regarding the protection of seafarers and the behavior of U.S. ships toward their crew members.
The example presented here is typical of those that were used in the mid-nineteenth century. Often, a printed document that varies in size and format. Early examples averaged about 16 ” x 20 “, but in the 1860s, 23 ” x 18 ” were a usual size. On the front of the document were the terms agreed between the managers of a ship and the crew. . . .