Merchant Shipping Act,1958
Act No : 44
Section :
Insurance of members of crew of a sailing vessel.
1*[434A. Insurance of members of crew of a sailing vessel. (1) Subject to the other provisions of this section and the scheme framed under sub-section (3), the owner of every sailing vessel shall take and keep in force, in accordance with the provisions of the said scheme, a policy of insurance whereby all the members of the crew of such vessel are insured against death or personal injury caused by accident in the course of employment as such members. (2) It shall be the responsibility of the owner of every sailing vessel to bear the expenses incidental to the taking of the policy of insurance referred to in sub-section (1) and to pay the premiums for keeping it in force: Provided that the maximum amount which the owner of the sailing vessel shall be liable to pay by way of premiums per year shall not exceed-- (a) where the number of members of the crew is not more than ten, one hundred and fifty rupees; (b) where the number of members of the crew is more than ten, a sum calculated at the rate of fifteen rupees for each member of the crew. (3) The Central Government may, by notification in the Official Gazette, frame a scheme providing for the insurance of all persons employed as members of the crew of sailing vessels against death or personal injury caused by accident arising in the course of their employment as such members. (4) Without prejudice to the generality of the provisions of sub- section (3), a scheme framed under that sub-section may provide for-- (a) the amount which should be payable in the case of personal injury resulting in the death of a member of the crew of a sailing vessel due to accident and in the case of other injuries: Provided that different amounts may be provided in respect of different personal injuries not resulting in death; (b) the procedure for payment of such amounts; and (c) all other matters necessary for giving effect to the scheme. (5) Where, under the provisions of any other law for the time being in force, compensation is payable in respect of death or personal injury sustained by a member of the crew of a sailing vessel as a result of an accident in the course of his employment as such member, then if the amount payable in respect of such death or personal injury in accordance with the scheme framed under this section-- (a) is equal to, or more than, the compensation payable under such other law, no compensation shall be payable under such other law; (b) is less than the compensation payable under such other law, the compensation payable under such other law shall be reduced by the said amount. (6) Every scheme framed by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.
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