Merchant Shipping Ordinance in Malaysia

Topics: Seaman, Welfare, Adoption Pages: 6 (1432 words) Published: February 7, 2010

In exercise of the power conferred by subsection (8) of section 467 of the Merchant Shipping Ordinance 1952, the Minister makes the following rules:

1. These Rules may be cited as the Merchant Shipping ( Central Mercantile Marine Fund) Rules 1984 .

2. In these Rules, unless the context otherwise requires- "adopted children"- (a) in relation to a seaman who does not profess the religion of Islam, means the children legally adopted by the seaman at when he had reasonable means of supporting them ;

(b) in relation to a seaman who professes the religion of Islam, means children adopted by the seaman. Whether or not any written law, custom or usage , at a time when he had reasonable means a supporting them:

"Committee" means the Committee appointed by the Minister under subsection (8) of section 467 of the Ordinance ;

"dependants" means the wife and children, including adopted children of a seaman, who are wholly or partly dependent on his earnings at the time of his death.

"Fund" means the Central Mercantile Marine Fund referred to in subsection (7) of section 467 of the Ordinance ;

"seaman" means any person employed or engaged on article or agreement on any ship plying beyond the limits of any port, and includes any person who is regularly available for work as seaman and who depends on his work as such for his main annual income;

"served at sea" means to be employed or engaged on any ship plying beyond the limits of any port.

3. (1) The Fund shall be employed for any or all of the following purposes: a. the establishment, maintenance, alteration, repair, improvement, reconstruction, extension and staffing of homes and institutions for seamen and wherever expedient, the acquisition, purchase, leasing and charging of immovable property for any of such purposes and for the purpose by holding assets;

b. the defraying whether by loan or without security or by gift , of the cost of constructing and maintaining any sports ground, swimming pool or amenity of any kind for use in connection with the promotion of the moral., intellectual, physical or social welfare of seamen;

c. the provision of such accommodation and recreational facilities for seamen as may be considered expedient;

d. the provision of medical or surgical treatment to seamen as may, from time to time, be considered expedient;

e. the education and training of seamen of persons intending to become seaman;

f. the development and promotion of employment of seamen;

g. the granting of financial assistance to seamen or their dependants;

h. the promotion generally of the welfare of seamen, retired seamen and their dependants; and

i. the payment of legal and secretarial expenses incurred in administering the Fund. (2) The Fund shall be invested to the best advantage as decided by the Committee

1. Subject to these Rules, the persons qualified to receive financial assistance from the Committee shall be seamen or persons who had been seamen and, in the event of their deaths, their dependants who satisfy the Committee that they are deserving of such assistance.

2. Where a seamen at the time of his death did not possess the requisite qualification as stimulated in paragraph (3), no financial assistance shall be payable to his dependants.

3. A seamen may be granted financial assistance by the Committee if- a. he is over the age of fifty-five years and had served at sea for a total period of fifteen years ; or

b. by reason of illness or physical injury contracted or sustained in the course of employment or within twelve months of last signing off, he is unfit for further employment as a seaman or in any other capacity.

4. The Committee shall not grant financial assistance to a seaman or his dependants who- a. is in receipt of any assistance from the Department of Social Welfare or from...
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