**Executive Summary**
This circular, issued by the Directorate General of Shipping on January 31, 2019, outlines a new procedure for uploading seafarers' engagement and discharge data into the DGS e-governance system. The new procedure aims to address disparities and inconveniences caused by the lack of a timeframe for data submission and to ensure compliance with regulations. The procedure is effective from March 1, 2019. Stakeholders may submit comments by February 10, 2019.
**Key Points / Main Content**
* **Purpose:** To implement a new procedure for submitting seafarers' engagement and discharge data.
* **Effective Date:** March 1, 2019.
* **New Procedure:**
* "Date of Sign On Shore"/"Date of Commencement of Contract" must be entered within 7 days of the contract being signed.
* "Sign On Ship Date" must be entered within 30 days from "Date of Sign On Shore"/"Date of Commencement of Contract ".
* All pending "Sign On Ship Date" data must be updated before March 1, 2019, for seafarers currently onboard and awaiting sign-off.
* "Sign Off Ship Date" must be entered within 7 days of the seafarer signing off the ship.
* "Sign Off Shore Date"/"Date of Completion of Contract" must be entered within 7 days from the date of signing off shore.
* The system will not allow submission of data if details are not submitted within the stipulated time frame.
* The system will not allow submission of data for more seafarers than covered under the bank guarantee.
* **Enforcement:**
* Shipowners/authorized agents/RPSLs who default will be publicized on the DGS website.
* Shipowners/RPSLs defaulting on the new procedure will be debarred from using the system for one month.
* If seafarers report that their data has not been uploaded by the company/RPSL, the company/RPSL will be debarred from using the system for 3 months.
* Repeated defaulters will be debarred from the DGS e-system and face strict action under Section 436 of M. S. Act, 1958 and M.S. (R&PS) Rules 2016.
* **Comments:**
* Comments on the draft new procedure may be submitted by February 10, 2019, to barguzer-dgs@gov.in and deepak.khemu-dgs@gov.in
**Impact Analysis**
**Shipowners/Shipowners' authorized agents/RPSL**
* **Impact:** Stricter deadlines and enforcement of data submission for seafarers' engagement and discharge.
* **Action Required:** Adhere to the new procedure to avoid penalties, including being debarred from the DGS e-governance system and potential publication of default. Submit any feedback on the new procedure by the deadline.
**Seafarers**
* **Impact:** Enhanced accuracy and timely submission of their sea service records, potentially reducing disparities and inconveniences related to employment and service record counting.
* **Action Required:** Report any instances where their data is not being submitted by their company/RPSL to the Directorate.
Key Entities Referenced
Recruitment and Placement Services Licence (RPSL): An entity involved in seafarer recruitment, engagement, and discharge, subject to new data uploading procedures outlined in the circular.
DGS e-governance system: Online portal used for submitting seafarers' data, subject to new deadlines and validation rules outlined in the circular.
Ministry of Shipping: The ministry overseeing the Directorate General of Shipping, which issued the circular.
Directorate General of Shipping (DGS): Regulatory body issuing the circular and responsible for overseeing seafarer employment and data management.
M. S. Act, 1958 and M.S. (R&PS) Rules 2016: Legal framework authorizing actions against repeated defaulters
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Date: 31.01.2019
F. No, CR/RPS/5/2018
Crew Branch Circular No. 01 of 2019
data lArticle of Aqreement and Form - l. RPSLI - req.
Whereas, the submission of details of seafarers engagement and discharge
on lndian flag vessels has been functional in DGS e-governance module to facilitate
the lndian ship owners and their authorised agent to electronically submit the data
into DGS e-governance system.
And whereas, similarly the details of seafarers engagement and discharge on
foreign flag vessels are also being submitted by the RPSLs in Form - I electronically.
And whereas, there is no timeframe vide which the seafarers' data is
submitted by end users into the e-governance system of DGS, which leads disparity
and inconvenience to the seafarers for their subsequent employment and also for
counting of sea service for various purposes.
And whereas, it is noted that some of the RPS are employing seafarers more
than the number of seafarers covered under the bank guarantee deposited by them
for protection of their wages & repatriation cost under M.S.(R&PS) rules.
And whereas, it has been reported by the seafarers a number of times that
their data in the past has not been submitted by the company/RPS concerned,
Now therefore, a new procedure as below for submission of seafarers data in
respect of their engagement and discharge is formulated which is functional from now
...2
N)-2-
and will come into force from 01 03 2019'
(1)The''DateofSignonShore'./.'DateofCommencementofContract'.shall
be entered with in 7 days from the date of contract signed'
(2)The'.SignonShipDate,.shallbeenteredwithin30daysfrom..Dateof
Sign On Shore"/"Date of Commencement of Contract "'
[Thefacilitytoenter,'signonShipDate,,isnowavailableine.Governance
system for all sea service entries where "Date of Sign On Shore" has been
entered and "Sign Off Date" is not submitted'
ltismandatorytoupdateallthepending'.SignonShipDate..before0l.Mar-
2019 lor seafarers who are still on board and their sign off from ship is yet to
happen,failingwhichthe''signonShipDate..shallnotbeavailablefor
submission after 01-Mar-201 9 in such cases l
(3) The ,'Sign off Ship Date ,' shall be entered with in 7 days from the seafarer
signs off from the shiP.
(4)The"SignOffShoreDate"/'DateofCompletionofContract"shallbe
entered with in 7 days from the date of the signed off shore'
(5) The system will not allow to submit any data if the details are not submitted
in the stipulated time frame.
(6) The system will not allow to submit data of seafarers more than the number
of seafarers covered under bank guarantee at any given point of time'
All end users are advised to strictly adhere to the above new procedure.
Defaulter shipowner/Shipowners' authorized agents/RPSL will be publicized in the
DGS website.
...3-3-
ln the event of default of the said provisions of new procedure, the
shipowner/RPsL shall be debarred for using the said system for a period of one
month.
ln the event if it is reported by the seafarers concerned that their data has not
been uploaded by the company/RPsL then the company/RPsL shall be debarred for
using the system for a period of 3 months.
Repeated defaulters shall be debarred from using the DGS e-system beside
strict action against them under the provision under Section 436 of M' S Act' 1958
and M.S. (R&PS) Rules 2016
comments on this draft new procedure if any, may be submitted to this
Directorate by 10.02.2019 on the following emails:
1. barouzer-dos@oov.in
2. deepak.khemu-dos@oov.in
This issues with the approval of Director General of Shipping, Gol
frr
(Subhash Barguzer)
Deputy Director General of Shipping(Crew Branch)