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132. Decision of questions by shipping masters.-

(1) Where under the agreement with the crew any dispute arises at any port in India between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the shipping master,-

2[(a) where the amount in dispute is up to five lakh rupees or such higher amount not exceeding ten lakh rupees, as the Central Government may, by notification, specify, at the instance of either party to the dispute;]

(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the shipping master.

3[(1A) Any complaint of dispute received by the shipping master from an Indian seaman, on a vessel registered in a country other than India, in Indian territorial waters, with the master, owner or agent.]

(2) The shipping master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be conclusive as to the rights of the parties, and any document purporting to be such submission or award shall be prima facie evidence thereof.

(3) An award made by a shipping master under this section may be enforced by 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] in the same manner as an order for the payment of wages made by such Magistrate under this Act.

(4) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to any matter submitted to a shipping master for decision under this section.

Merchant Shipping (Amendment) Act, 1986 Back

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