The Seamens Provident Fund Act, 1966

(1) This Act may be called the Seamen's Provident Fund Act, 1966. (2) Unless otherwise expressly provided, the provisions of this Act shall apply to every seaman and tothe employer of such seaman.

In this Act, unless the context otherwise requires,-- (a) "agreement with the crew" means the agreement referred to in section 100 or, as the case maybe, section 114 of the Merchant Shipping Act; (b) "Board" means the Board of Trustees of the Seamen's Provident Fund constituted undersection 5; (c) "continuous discharge certificate" means the certificate referred to in section 99 of theMerchant Shipping Act; (d) "contribution" means a contribution payable in respect of a member under the Scheme; (e) "employer", in relation to a seaman, means the owner of the ship on which the seaman isemployed or engaged, or the agent of such owner or the master of the ship; (f) "Fund" means the Seamen's Provident Fund established under the Scheme; (g) "Government" means the Central Government; (h) "master" and "ship" have the meanings respectively assigned to them in the MerchantShipping Act; (i) "member" means a seaman who is in possession of a continuous discharge certificate and whois admitted as a member of the Fund; (j) "Merchant Shipping Act" means the Merchant Shipping Act, 1958 (44 of 1958); (k) "Scheme" means the Seamens Provident Fund Scheme framed under sub-section (1) ofsection 3; (l) "seaman" means a person employed or engaged as a member of the crew of a ship under theMerchant Shipping Act but does not include 1[a welfare officer, nurse, musician, pilot or deckbarber]; (m) "service" means the period of employment of a seaman under the agreement with the crewand includes any period in respect of which wages are paid or are payable to him; (n) "wages" means the basic wages for the time being payable to a seaman under the agreementwith the crew and includes-- (i) any remuneration to which he is entitled in respect of holidays or any leave period; (ii) any increase of such wages in accordance with such agreement or any other agreementbetween the parties; but does not include the overtime allowance.

(1) The Government may, by notification in theOfficial Gazette, frame a scheme to be called the Seamen's Provident Fund Scheme for the establishmentof a provident fund for seamen and there shall be established, as soon as may be after the framing of theScheme, a Fund in accordance with the provisions of this Act and the Scheme. (2) Subject to the provisions of this Act, the Scheme may provide for all or any of the mattersspecified in the Schedule to this Act. (3) The Scheme may provide that any of its provisions shall take effect either prospectively orretrospectively on such date as may be specified in this behalf in the Scheme. (4) The Scheme shall have effect notwithstanding anything contained in any law for the time being inforce other than this Act or in any instrument having effect by virtue of any law other than this Act. (5) The Government may, by notification in the Official Gazette, add to, amend, vary or rescind theScheme.

(1) The Fund referred to in sub-section (1) of section 3 shall vest in, and beadministered by, the Board constituted under section 5. (2) The moneys in the Fund shall be applied for-- (a) meeting the pay and allowances of the employees of the Board and other administrativeexpenses of the Board; (b) carrying out the purposes of this Act. (3) All moneys in the Fund shall be deposited in 1[an approved bank] or be invested in such securitiesas may be approved by the Government. 2[Explanation. --In this section, "approved bank" means the State Bank of India constituted undersection 3 of the State Bank of India Act, 1955 (23 of 1955), or a subsidiary bank as defined in clause (k)of section 2 of the State Bank of India (Subsidiary Banks) Act,1959 (38 of 1959), or a corresponding newbank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)Act, 1970 (5 of 1970), or a corresponding new bank constituted under section 3 of the BankingCompanies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980).]

(1) The Government shall, by notification in theOfficial Gazette, constitute, with effect from such date as may be specified therein, a Board to be knownas the Board of Trustees of the Seamen's Provident Fund which shall be a body corporate havingperpetual succession and a common seal and may, by that name, sue and be sued. (2) The head office of the Board shall be in Bombay or at such other place as the Government may,by notification in the Official Gazette, specify. (3) The Board shall consist of-- (a) a Chairman to be appointed by the Government; (b) not more than three persons appointed by the Government from amongst its officials; (c) three persons representing employers, to be appointed by the Government after consultationwith such organisation or organisations of employers as may be recognised by the Government in thisbehalf; (d) three persons representing seamen, to be appointed by the Government after consultation withsuch organisation or organisations of seamen as may be recognised by the Government in this behalf. (4) The terms and conditions subject to which a member of the Board may be appointed and the time,place and procedure of the meetings of the Board, including the quorum, shall be such as may beprovided for in the Scheme. (5) The Board shall administer the Fund vested in it in such manner as may be specified in theScheme. (6) The Board shall perform such other functions as it may be required to perform by or under anyprovision of the Scheme.