Section 95: Special provisions as to agreement with crew of sea-going ship
(1)
The special provisions in this section shall have effect with respect to the agreements made in Nigeria with the crew of sea-going ships.
(2)
The agreement shall, subject to the provisions of this Act as to substitutes, be signed by each seaman in the presence of the superintendent.
(3)
The superintendent shall cause an agreement under this section to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the agreement before the seaman signs it and the superintendent shall attest to each signature of the seamen.
(4)
When the crew is first engaged, an agreement under this section shall be signed in duplicate, and one part retained by the superintendent, and the other shall be delivered to the master and shall contain a special place for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship.
(5)
When a substitute is engaged in the place of a seaman who duly signed the agreement made before the superintendent and whose services are, within twenty four hours before the ship puts to sea, lost by death desertion or other unforeseen cause, the master shall before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall upon the agreement being read to him sign the agreement in the presence of a witness, and the witness shall attest to the signature of the substitutes.
(6)
The agreement may be made for a voyage or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages and any agreement so extended shall be referred to as a "running agreement".
(7)
A running agreement shall not be for a period longer than six months, or the first arrival of the ship at the ship's port of destination in Nigeria after the expiration of that period, or the discharge of cargo consequent on the arrival.
(8)
On every return to a port in Nigeria before the final termination of a running agreement, the master shall make an endorsement on the agreement as to the engagements or discharges made or intended to be made before the ship leaves port or that all those made were made as required by law.
(9)
A master who wilfully makes a false statement in an endorsement referred to in subsection (8) of this Section commits an offence and on conviction is liable to a penalty not less than one hundred thousand Naira.
(10)
The master of the ship shall deliver the running agreement endorsed-to-the superintendent, who shall, if the provisions of this part relating to agreements have been complied with, sign the endorsement and return the agreement to the master.
Cite this section
Section 95, MERCHANT SHIPPING ACT, 2007 (2007).
https://repo.podus.ai/laws/merchant-shipping-act-2007/section/95/