214. (1) In this Chapter, unless there is anything repugnant in the subject or context,- (a) “Court” means a Civil, Revenue or a Marine Court. (b) “Proceeding” includes any suit, appeal or application; and (c) “Shipping Master” means- (i) in the case of a seaman, the Shipping Master for the port at which the serving seaman entered into or is believed to have entered into an agreement, or where there is no such agreement, for the port to which the serving seaman has returned or is expected to return on the completion of his last voyage; and (ii) in the case of masters and apprentices referred to in section 222, the Shipping Master for the port at which the agreement with the crew of the ship was opened. (2) For the purposes of this Chapter, a seaman shall be deemed to be a serving seaman during any period commencing the day on which he enters into an agreement and ending thirty days after the day on which he is finally discharged from such agreement. (3) The Shipping Master or any Officer authorised by the Government in this behalf or a Police Officer not below the rank of Inspector of Police may report any offence against this Ordinance or any rule made thereunder to a Magistrate having local jurisdiction to try the offence and thereupon he shall take cognizance of the offence: Provided that in the case of any offence relating to or arising out of any agreement entered into with any seaman, master or owner of the ship concerned or any other person duly authorised by him in that behalf, shall have the power to make a report under this sub section.

214A. Notwithstanding any provision contained in this Ordinance or of any other law for the time being in force, any seaman who contravenes any provision of any agreement signed by, or entered into by or with, him under any provision of this Ordinance or commits any offence relating to such agreement shall be tried for such contravention or offence in the place where the governing agreement was signed or entered into.

215. If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal.

216. If any District Magistrate has reason to believe that any seaman who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein or is a serving seaman, the District Magistrate may certify the facts in the prescribed manner to the Court.

217. (1) If a District Magistrate has certified under section 216 or if a Court has reason to believe that a seaman who is a party to any proceeding before the Court is unable to appear therein or is a serving seaman, the Court shall suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master: Provided that nothing in this sub section shall be deemed to require the Court to suspend the proceeding-(a) if the proceeding is one instituted or made by the seaman, alone or conjointly with others, with the object of enforcing a right of pre emption, or(b) if the interests of the seaman in the proceeding are, in the opinion of the Court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature. (2) If it appears to the Court before which any proceeding is pending that a seaman though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master.

218. (1) If, on receipt of a notice under section 217, the Shipping Master certifies to the Court in the prescribed manner that the seaman is a serving seaman, the Court shall postpone the proceeding in respect of the seaman for the prescribed period or, if no period has been prescribed, for such period as it thinks fit: Provided that if, by reason of the continued absence of the seaman, the question of any further postponement of the proceedings in respect of the seaman arises, the Court shall, in deciding the question, have regard to the purposes of this Chapter. (2) If the Shipping Master either certifies that the seaman is not for the time being a serving seaman or fails within two months from the date of the receipt of the notice under section 217 to certify that the seaman is a serving seaman, the Court may, if it thinks fit, continue the proceeding.

219. (1) Where in any proceeding before a Court a decree or order has been passed against any seaman while he was a serving seaman, the seaman or if he dies while he is a serving seaman, his legal representatives, may apply to the Court to have the decree or order set aside, and if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside, as against the seaman, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of section 215, award, subject to such conditions as may be prescribed, damages against such opposite party. (2) The period of limitation for an application under sub section (1) shall be sixty days from the date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or where the summons or notice was not duly served on the seaman in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to such applications. (3) Where the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or any of the parties against whom it was made. (4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed.

220. In computing the period of limitation provided in section 219 or in the Limitation Act, 1908 (IX of 1908), or in any other law for the time being in force, for any suit, appeal or application to a Court to which a seaman is a party, the period or periods during which the seaman has been a serving seaman, and, if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his next of kin was first informed of his death by the Shipping Master or otherwise shall be excluded: Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre emption except in such areas and in such circumstances as the Government may, by notification in the official Gazette specify in this behalf.

221. If any Court is in doubt whether, for the purposes of section 219 or section 220, a seaman is or was at any particular time or during any particular period a serving seaman, it may refer the question to the Shipping Master, and the certificate of the Shipping Master shall be conclusive evidence on the question.

222. The provisions of this Chapter shall apply to a master and an apprentice as they apply to a seaman, except that-(a) a master shall be deemed to be a “serving seaman” during any period commencing the day on which he assumes command of the ship and ending thirty days after the date on which he finally relinquishes such command; and(b) an apprentice shall be deemed to be a “serving seaman” during any period commencing the day on which he joins the ship and ending thirty days after the date on which he leaves such ship.

223. (1) The Government, after consultation with the Supreme Court, may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter. (2) In Particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner and form in which any notice or certificate under this Chapter shall be given;(b) the period for which proceedings or any class of proceedings shall be postponed under sub section (1) of section 218;(c) the conditions subject to which damages may be awarded under sub-section (1) of section 219, and the amount of such damages; and(d) any other matter which is to be or may be prescribed.