Section 106. Certificate as to agreement with crew

106. Certificate as to agreement with crew .―(1) In the case of a foreign-going Indian ship or a home-trade Indian ship of two hundred tons gross or more, on the due execution of an agreement with the crew in accordance with this act, and also when, in the case of a foreign-going Indian ship, the agreement is a running agreement, on compliance by the master before the second and every subsequent voyage made after the first commencement of the agreement with the provisions of this Act respecting that agreement, the shipping master shall grant the master of the ship a certificate to that effect. (2) The master of every such ship shall, before proceeding to sea, produce that certificate to the customs collector whose duty it is to grant a port clearance. (3) No customs collector shall clear any such ship outwards without the production of such certificate, and, if any such ship attempts to go to sea without a clearance, the customs collector may detain her until such certificate as aforesaid is produced. (4) The master of every such ship shall, within forty-eight hours after the ship's arrival at the port in India at which the crew is to be discharged, deliver such agreement to a shipping master at the port; and such shipping master shall thereupon give to the master a certificate of such delivery; and no customs collector shall clear any such inwards without the production of such certificate. 106. (a) If a master, owner or agent is guilty of an offence under sub-section (1) of section 332; or - (b) If the owner or master of a ship is guilty of an offence under sub-section ( 2) of section 332; or - (c) If a master fails to deliver any notice required by sub-section (3) of section 332 or if in any such notice he makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular. Provided that it shall be a good deference for the master or owner to prove that a contravention was due solely to deviation or delay caused solely by stress of whether or other circumstance which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. - 314(1) Fine which may extend to one thousand rupees; - 314(2) 317[1] [(8)] Fine which may extend to one hundred rupees.] 318(1) Fine which may extend to one thousand rupees. - 319(1)(a) Fine which may extend to - 319(1)(b) two hundred rupees. 319(2) - 320(1) Fine which may extend to one hundred rupees. - 331A Fine which may extend to one thousand rupees.] - 332(1) Fine which may extend to three thousand rupees. - 332(2) Fine which may extend to one thousand rupees. - 332(3) 1. Subs. by Act 25 of 1970, s. 18, for "(5)" (w.e.f.19-12-1970). 2. Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966).