Agreement For Employment Of A Master of The Ship
THIS AGREEMENT made at ......the …………day of …………20…………BETWEEN M/s. Tata &
Co. Ltd., a Company registered under the Companies Act, 1956 and having its
registered office at .......................hereinafter called the Ship owners
of the ONE PART
And
Shri A, son of…………Shri………… resident of …………Master mariner being…………Certificate
No . …………issued by the …………hereinafter called the Master of the OTHER PART
WHEREAS the Ship owners are the owners of the ship named............... bearing
Registration No . …………with the ' Registrar ................ Port
…………hereinafter called the said ship"
AND WHEREAS the Ship owners have selected Shri A, as Master for the said ship
and the said Shri X is appointed as Master for the said ship on the terms and
conditions hereinafter appearing.
NOW IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
(1) The Ship owners will employ Shri A, as the Master and the Master shall
serve the Ship owners as Master of the said ship at a salary of Rs . …………p.m.
for a period of…………years form the date of his appointment.
(2) The Master will deposit a sum of Rs . …………with the Ship owners as security,
on which the Ship owners will pay to the Master or to his account @ …………% per
annum on the …………day of.................20…………in each year until repayment
thereof after making deductions made pursuant to the Clause hereof.
(3) The Master will be employed from the date on which he deposits the security
deposit with the ship owners.
(4) The Master will look after the navigation or management of the said ship
and the management of the Ship owners' business. The Master will obey the
orders and directions given by the Ship owners or their duly authorised agents
during the continuance of his employment.
(5) The Ship owners will be entitled to terminate this agreement with three
months notice or the salary in lieu thereof for the said period to the Master.
The Master may also terminate this agreement by giving three months notice in
writing expiring when the said ship shall be at a Port in India. This Agreement
will also be terminated by the loss or constructive total loss of the said
ship.
(6) When the Ship owners serve notice to the Master for terminating this
Agreement, the Master shall deliver the ship, her papers and all other
documents relating to the ship or the Ship owners business to the person named
in the notice.
(7) If the notice of termination is served to the Master, when the said ship is
out of India, the Ship owners will provide the Master with a passage to a Port
in India and pay his salary until his arrival at such Port or pay to him the
sum of Rs . …………in lieu thereof at their option. The Master will not be
entitled to any compensation or damages from the Ship owners on earlier
termination of this Agreement by the Ship owners or by the loss or constructive
loss of the said ship.
(8) If the Ship owners suffer loss or injury through the negligence, willful
act or default of the Master in the navigation or management of the said ship
or in the management of her business, the Ship owners will be entitled to
deduct the amount which is required to make good the said loss or injury from
the security deposit.
(9) The Ship owners will repay the security deposit with interest within one
month after the termination of this agreement (subject to the provisions of
clause 8 hereof) to the Master or to his account at...................Bank .
…………Branch…………
(10) In case any dispute or question arises in relation to this Agreement, the
same shall be referred to a single arbitrator to be agreed upon by the parties
hereto. The arbitration under this Agreement will be governed by the provisions
of Arbitration and Conciliation Act, 1996 or any statutory modification
thereof.
(11) This Agreement shall be executed in duplicate. The original shall be
retained by the Ship owners and the duplicate by the Master.
(12) The stamp duty and all other expenses of this Agreement and duplicate
thereof shall be borne and paid by the Ship owners.
(13) The marginal notes and the catch lines hereto are meant only for
convenience of reference and shall not in any way be taken into account in the
interpretation of these presents.
IN WITNESS WHEREOF the Ship owners have caused their common seal to be hereunto
affixed and the Master has subscribed his hand the day and year first
hereinabove written.
The common seal of the within named Ship owners M/s. Tata & Co. Ltd. was
hereunto affixed pursuant to the Resolution of its Board of Directors passed on
the ............ day of 20 …………in the presence of S/Shri …………
Signed and delivered by the within named Master A
WITNESSES
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