**Executive Summary**
This document comprises two notices issued by the Directorate General of Shipping, Ministry of Shipping, Government of India. M.S. Notice No. 04 of 2017, dated 02.06.2017, concerns the exemption of Cadets/Trainees from the purview of the Maritime Labour Convention (MLC) 2006. M.S. Notice No. 06 of 2017, dated 06.06.2017 is a corrigendum that states that M.S. Notice No. 04 of 2017 should be read as M.S. Notice No. 05 of 2017.
**Key Points / Main Content**
* **Clarification on MLC 2006 Applicability:**
* The provisions of the Maritime Labour Convention (MLC) 2006, as enshrined in the Merchant Shipping (Maritime Labour) Rules 2016, are clarified to be applicable to trainees and cadets employed/working on vessels, same as for other seafarers.
* **Relaxations Granted to Indian Ship Owners Regarding Trainees/Cadets:**
* **Maximum Duration of Service:** Partial relaxation from Rule 12(3)(b) of the Merchant Shipping Rules, 2016 is granted, allowing trainees to continue on board a vessel beyond twelve months to complete the sea time required for examinations, provided both the trainee and ship owner agree. Other provisions related to Rule 12, including financial security, remain applicable.
* **Social Security Measures:** The social security measures in Rule 22 of the MS (Maritime Labour) Rules 2016 may not cover trainees/cadets, but the Notification no G.S.R. 232(E) issued on 10.3.2017 already provides for exemption the contribution to Seafarers Welfare Fund Society with respect to trainees.
* **General Applicability:**
* All other provisions of the Maritime Labour Convention 2006, as enshrined in the Merchant Shipping (Maritime Labour) Rules 2016, apply to trainees/cadets on board Indian flag ships, except for the two relaxations mentioned above.
**Impact Analysis**
**All Shipping Companies, Shipping Masters, Principal Officers of Mercantile Marine Departments:**
* **Impact:** Must comply with the clarifications and relaxations provided in the notices regarding the applicability of the Maritime Labour Convention 2006 to trainees and cadets on Indian ships.
* **Action Required:** Implement the specified relaxations and ensure that all other provisions of the MLC 2006 are applied to trainees/cadets on board Indian flag ships.
**Trainees/Cadets:**
* **Impact:** The provisions of MLC, 2006 are applicable except for specified relaxations. Trainees who wish to extend their service beyond twelve months to complete sea time required for examinations, can do so with the agreement of the ship owner.
* **Action Required:** Be aware of the MLC 2006 provisions applicable to them and understand the relaxations provided. Communicate intentions regarding extended service to their respective ship owners.
Key Entities Referenced
Maritime Labour Convention, 2006: International convention that sets minimum working and living standards for seafarers.
Directorate General of Shipping: Indian governmental organization responsible for maritime affairs.
Merchant Shipping (Maritime Labour) Rules, 2016: Indian rules implementing the Maritime Labour Convention, 2006.
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F. No. 1 6/CR/03/201 3-Vol-l Dated: 06.06.20'17
M S No. 06 of 2017
ICorriqendum to M S. Notice No 0l of 2017 dated 02.06.2017 on the exemption of cadets/
Trainees from, purview of MLC.2006_req.l
The M.S. Notice No. 04 of 2017 issued on 02.06.2017- regarding Exemption of Cadets
/Trainees from purview of MLC, 2006 may be read as M.S. Notice No.05 of 2017 dated
02.06.2017
(Rajesh Mendhe)
Assistant Drrector General of Shipping (Crew)
To.
1
.All Shipping Companies.
2.
All Shipping Master's
3.
Principal Officer, Mercantile Marine Department Officer, Mumbai, Chennai, Kolkata,
Kandla, Kochi.
4.
Surveyor-in-charge, Mercantile marine Department Office Jamnagar, Murmagoa,
Manglore, Tuticorin, Vishakapatnam, Paradip, Haldia, port Blair, Noida.
Copy to
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1
INSAJFOSMA/MASSA,
2.
Nautical/Engineering/Naval Arch. /Training/SD Branch of the Dte.
3.
Hindi Section for translation in Hindi.
4
The Secretary to Govt. of lndra, Ministry of Shipping, Transport Bhavan, 1, parliament
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F.No. 1 6/CR/03/201 3-Vol-l Dated. 02.06.2017
M. S. Notice No. 04 of 2017
Sub. Exemption of Cadets/ Trainees from purview of MLC,2006-reg.
Following the Notification of Merchant shipping (Maritime Labour) Rules of 20.16, on
29.2.16, the Directorate General of shipping has issued M.s. Notice No.16 of 2016 dated
08. 12. I 6 setting out guidelines for implementing the provisions of the Maritime Labour
Convention on its flag ships.
2.
As per the provisions of Maritime Labour Convention as enshrined in the Merchant
Shipping (Maritime Labour) Rules of 2016, Seafarer means
"any person employed or engaged or works in any capacity on board a sea going
ship but does not include
i) the employment or engagement or work on board in any capacity of any person
in a ship of war or
ii) any Government ship used for mititary or non -commercial purpose,s',
3.
Representations were received from lndian ship owners requesting for exemption of the
provisions of Maritime Labour Convention 2006 rn respect trainees/cadets on board their ships.
The Directorate General of Shipping, Govt of lndia has held extensive discussion within the
organisation and with the stakeholders on the subject matter.After such deliberation/discussions
and also after referring to the provistons an related Acts of Maritime Nataons, it rs hereby clarified
that with respect to the trainees and cadets em ployed/working on the vessels, the provisions of
Maritime Labour convention, 2006 as enshrined in the Merchant shipping (Maritime Labour)
Rules 2016 shall be applicable as for other seafarers.
...2t-4.
However, considering the representation made by Indian ship owners, relaxation with
respect to folowing provisions is granted with respect to trainees/ cadets employed/ working on
board lndian ships-
a) The Rure i2(3) (b) of the Merchant shipping Rures, 2016 stipurates that maximum
duration of service on board to which the se-afarers shall be entituJ ror repatriation
sha' be ress than twerve months. The trainee may prefer to continue on board
vesser for a ronger period to comprere the sea time required for appearing in thea
Examinations for certificate of competency. Therefore partiar reraxation from this
Rure is granted for such trainees, provided the trainee and the ship owner, both
agree for such extended stay on board. Rest of the provisions retateo io ine Rute tz
of the MS (Maritime Rures incruding tne provisions re,ri.o i'0,"""."",
.Labour)
financial security shall apply in respect of kainees. "
b)
The sociar security measures as given in Rure 22 0f the MS (Maritime Labour) Rures
2016 may not cover the trainees/cadets
on board. rn this context, the Notification no
G.S.R. 232(E) issued on 10.3.2017 with rcspsql to contribution to Seafarers
Welfare Fund society already provides for exemption the contribution with respect to
trainees
5.
Barring the above two reraxations, a, other provisions of Maritime Labour convention
2006 as enshrined in the Merchant shipping (Maritime Labour) Rures, 2016 sha, appry with
respect to traineesicadets on board lndian flag ships, to which such Rules apply.
6
This rssues wjth the approval of the Director Generat of Shipping & ex-officio Additional
Secretary to the Government of lndia.
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/Ralesh Mendhel
To, Assrstant Director General of Shrpping 1Crew1
1
.Alt Shipping Companies.
2
Alt Shipping Master,s
i"rO,, ?i.";?", Officer, Mercantite Marine Department Officer, Mumbai, Chennai, Kotkata,
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Btair, Noida.
Copy to
1
INSAiFOSMA/MASSA
2.
Nauticali Eng ineeringi Naval Arch. /Training/SD Branch of the Dte.
3.
Hindi Section for translation in Hindi.
4
Street. NTh ee w S De ec thre i t -a ry .t .t t 0o 0 G 01o vt. of lndia, Ministry of Shipping, Transport Bhavan, 1, parliament
.