Date: 2017-10-11Category: MS NoticeState: Union GovernmentCountry: India
Addendum to M.S. Notice No. 16 of 2016 - Implementation of the Maritime Labour Convention, 2006 - the inspection and certification of the maritime labour conditions of Indian flag ships - reg.
**Executive Summary**
This addendum to M.S. Notice No. 16 of 2016 addresses the implementation of the Maritime Labour Convention, 2006, concerning inspection and certification of maritime labor conditions on Indian flag ships. Due to difficulties expressed by shipowners, the deadline for obtaining a fresh Maritime Labour Certificate has been extended. The new deadline is November 9, 2017.
**Key Points / Main Content**
* **Extension of Deadline:**
* The deadline for Indian flag ships to obtain a fresh Maritime Labour Certificate has been extended by thirty days, from October 9, 2017, to November 9, 2017.
* This extension applies to ships that held a valid 'Statement of Compliance' and were required to obtain a fresh Maritime Labour Certificate.
* The extension is granted due to difficulties expressed by shipowners in obtaining the certificate by the original deadline.
* **Reference Documents and Regulations:**
* The implementation is governed by the Merchant Shipping (Maritime Labour) Rules, 2016, which came into force on February 29, 2016.
* The process is based on M.S. Notice No. 16 of 2016 [File No. CR/16(4)/2009-Vol.-IV] dated December 8, 2016.
* Relevant regulations include Rule 24(7) of the M.S. (Maritime Labour Rules) 2016 and Regulation 5.1.3 of the MLC 2006.
**Impact Analysis**
**Shipowners/Shipping Companies/INSA/ICCSA**
* **Impact:** Benefits from the extended deadline, allowing more time to obtain the Maritime Labour Certificate.
* **Action Required:** Ensure compliance with the requirements for obtaining the Maritime Labour Certificate by the new deadline of November 9, 2017.
**Directorate General of Shipping/Mercantile Marine Department Offices**
* **Impact:** Must administer the extended deadline and process applications for Maritime Labour Certificates.
* **Action Required:** Implement the extension and ensure that all relevant offices are aware of the new deadline.
**Indian Register of Shipping/ Llyod's Register Group Limited/Bureau Veritas/American Bureau of Shipping/Nippon Kaiji Kyokai/Korean Register of Shipping/RINA Services S.P.A/ DNV GL AS**
* **Impact:** Issuing certificates
* **Action Required:** Ensure compliance with the requirements for obtaining the Maritime Labour Certificate by the new deadline of November 9, 2017.
Key Entities Referenced
Maritime Labour Convention, 2006: International convention concerning the maritime labour conditions which this notice pertains to.
Merchant Shipping Act, 1958: Indian law that provides the legal framework for maritime activities and which is the basis for the Merchant Shipping Rules.
Merchant Shipping (Maritime Labour) Rules, 2016: Indian rules implementing the Maritime Labour Convention, 2006
M. S. Notice No. 16 of 2016: Merchant Shipping Notice that initially laid down the inspection and certification process for Indian flag ships and to which this document is an addendum to.
Directorate General of Shipping: The regulatory authority responsible for maritime affairs in India.
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File No. CR/16(4)/2009-Vol.-lV Dated:10.10.2017
Addendum to M. S. Notice No. 16 of 2016
Subiect: lmolementation of the Maritime Labour Convention. 2OOO - the insoection and
certification of the maritime labour conditions of lndian flas shios - req.
ln exercise of the powers conferred by section 218A, read with section 457, of the
Merchant Shipping Act, 1958 (44 of 1958), as amended, the Centril Governmeni, having regard to the
provisions of the Maritime Labour Convention, has notified the Merchant Shipping (Maritime Labour)
Rules, 2016, which came into force with effect from 29.02.16, vide the Minlstry of Shipping, covt. of
tndia's Notification G.R.F. 202 (E) dated 29.02.15.
2. The Directorate General of Shipping, Govt. of lndia has vide Merchant Shipping Notice No. 16 of 2015
[File No. CR/16(4]/2009-Vol.-lVl dated 08.12.16 laid down an elaborate end to end comprehensive &
composite process of lnspection and certification of lndian flaB ships, in line with the MLC-2005. ln the
said M.S. Notice the lndian flag ships holding a valid 'Statement of Compliance' were required to obtain a
fresh Maritime tabour Certificate within one year from 09.10.15, i.e. before 09.10.17 or before the expiry
of the validity of their 'Statements of compliance', whichever is earlier, under Rule 24(7) of the M.S.
(Maritime Labour Rules) 2016 and Regulation 5.1.3 ofthe MLC 2006.
3. The Directorate General of Shipping has received nepresentation from shipowners association
expressing difficulty being faced by some of their member lines in obtaining a fresh Maritime Labour
Certifi cate before 09.10.17.
...?-2-
4' considering the practlcal difflculty of the shlpowners it has been decided to extend the sald due date
for obtaining the Maritime Labour certificate by the lndian flag ships in accordance with the procedure
set out in the said M.s.Notice No. 16 0f 2016 for further period of thirty days i.e. up-to 09.11.17.
5. This issues with the approval of Director General ofShipping. tr
(Subhash Barguzer)
Deputy Director General of Shipping (-Crewj
To,
1. Nautical/Engineering/Naval Architecture/rraining/sD
Branch of the Directorate.
2. Principal officer, Mercantire Marine D€partment offices Mumbai, chennai, Korkata, Kandra, Kochi.
3. surveyor-in-charge, Mercantire Marine Department office Jamnagar, Murmagoa, Mangrore,
Tuticorin, Vishakapatnam, paradlp, Haldia, port Blair, Noida.
4. All Shipping Companies/tNSA,/ICCSA.
5. lndian Register of shipping/ Llyod's Register Group Limited/Bureau veritas/American Bureau of
Shipping/ Nippon Kaiji Kyokai/Korean Register of shipping/RrNA services s.p.A/ DNV GL As
6. Hindi Section
7. Computer section for upload on Website.
copy to: The secretary to Govt. of rndia, Ministry of shipping, Transport Bhavan, 1, parriament street,
New Oelhi - 110001.