Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets130. Allotment notes |
| (1) | Subject to the provisions of subsection (2), a seafarer engaged on a South African ship may before the commencement of a voyage make stipulations for the payment during his or her absence by means of an allotment note to a near relative or a savings bank or a body engaged in the promotion of the welfare of seafarers and registered under the Advisory Board on Social Development Act, 2001 (Act No. 3 of 2001), of any portion of the wages which he or she may earn during the voyage. |
[Section 130(1) substituted by section 15(a) of Act No. 12 of 2015]
| (2) | Allotment notes may provide for any portion or all of a seafarer‘s wages to any person designated by him or her to be the recipient of such wages or part thereof. |
[Section 130(2) substituted by section 15(b) of Act No. 12 of 2015]
| (3) | The stipulations shall be inserted in the agreement with the crew, and shall state the amounts and times of the payments to be made and the names of the persons to whom they are to be made. |
| (4) | All allotment notes shall be in the prescribed form, and shall be signed by the master or owner of the ship or his authorized agent and the seafarer. |
[Section 130(4) substituted by section 29(i) of Act No. 12 of 2015]
| (5) | The master, owner or authorized agent of the owner before whom a seafarer is engaged shall, after the seafarer has signed the agreement, enquire of the seafarer whether he requires a stipulation for the allotment of part of his wages by means of an allotment note. If the seafarer requires such stipulation, the master, owner or authorized agent of the owner shall insert it in the agreement with the crew, and every such stipulation shall be deemed to have been agreed to by the parties thereto. |
[Section 130(5) substituted by section 29(i) of Act 12 of 2015]
| (6) | The master, owner or authorised agent of the owner shall bear the costs incurred in effecting payment of the allotment of all or part of a seafarer's wages. |
[Section 130(6) inserted by section 15(c) of Act No. 12 of 2015]