Section 161: Wages on termination of service by wreck, illness, etc

161. Wages on termination of service by wreck, illness, etc.—(1) Where the service of any seaman engaged under this Ordinance terminates before the date contemplated in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside Pakistan under a certificate granted under this Ordinance of his unfitness or inability to proceed on the voyage, the seaman shall be entitled to receive,–– (a) in the case of wreck, loss or abandonment of this ship,–– (i) wages at the rate to which he was entitled at the date of termination of his service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port, or for a period of one month, whichever be longer; and (ii) compensation for the loss of his effects,–– (a) in the case of a seaman employed on a home-trade ship, of not less than one month's wages; and (b) in the case of seaman employed on a foreign going ship, of not less than three month's wages; and (b) in the case of unfitness or inability to proceed on the voyage, wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port subject to such limits as may be prescribed. (2) A seaman shall not be entitled to receive any wages under sub-clause (i) of clause (a) of sub-section (1) if he declines to avail himself of the repatriation arrangements made by, or on behalf of, the owner and approved by the Pakistan consular officer concerned, nor shall a seaman be entitled to receive such wages in respect of any period during which–– (a) he was, or could have been suitably employed, or (b) through negligence he failed to apply to the proper authority for relief as a distressed or destitute seaman. (3) This section shall apply to every person employed or engaged in any capacity on board any ship and for the time being entered on the ship's articles of agreement and to every master, pilot and apprentice, as it applies to a seaman.

Effective date: 2001-01-01

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