Home India Ministry of Ports, Shipping and Waterways Implementation of the Merchant Shipping (Maritime Labour) Ru...
Date: 2019-01-11 Category: MS Notice State: Union Government Country: India

Implementation of the Merchant Shipping (Maritime Labour) Rules 2016- the inspection and certification of the maritime labour conditions on Indian ships; (i) of less then 500 GRT including Indian River Sea vessels (DGS order 18 of 2013 as amended) and Indian Coastal Vessels (DGS Order 01of 2014 as amended) and (ii) River Sea vessels Type-1 irrespective of their GT- reg

Issued by Ministry of Ports, Shipping and Waterways · Directorate General of Shipping

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Executive Summary & Key Takeaways

**Executive Summary** This document, Merchant Shipping Notice No. 01 of 2019, issued on January 11, 2019, pertains to the implementation of the Merchant Shipping (Maritime Labour) Rules 2016. It outlines guidelines and processes for the inspection and certification of maritime labor conditions on Indian ships of less than 500 GRT, including Indian River Sea vessels, Indian Coastal Vessels, and River Sea vessels Type-1. The notice aims to relax and clarify provisions outlined in previous M.S. Notice 09 of 2017. **Key Points / Main Content** * **Applicability:** * Applies to ships of less than 500 GRT, Indian River Sea vessels (covered in DGS Order 18 of 2013), Indian Coastal Vessels (covered in DGS Order 01 of 2014), and River Sea vessels Type-1. * M.S. Notice 09 of 2017 remains applicable to Indian River Sea Vessel Type 2,3 & 4 and Indian Coastal Vessels of 500 GRT and above. * **Declaration of Maritime Labour Compliance (DMLC):** * Owners need not apply separately to the Mercantile Marine Department (MMD) for DMLC Part-I; Annexure-I to the notice serves as DMLC Part I. * Ship owners must complete and submit DMLC Part-II to the registrar of ships with financial securities copies. * The original DMLC Part II must be placed on board the ship. * **Inspection and Certification:** * On-board compliance verification inspections are carried out by Recognised Organisations (RO). * Minimum two inspections required every five years, with an interval not exceeding three years. * Upon satisfactory completion, the surveyor/inspector endorses and stamps the "Statement of Compliance," valid for five years. * **Statement of Compliance Validity:** * "Statement of Compliance" issued under MS Notice 09 of 2017 remains valid until the next intermediate or renewal survey. * Ships not yet inspected under MS Notice 09 of 2017 must undergo inspection per this notice at the time of the next applicable survey. * **Flag State Inspection:** * Compliance with this notice is verified by the attending surveyor during Flag State Inspection. * **Recognised Organisations:** * ROs formally authorized by DGS, Gol through a mutual agreement: * Indian Register of Shipping * Lloyds Register Group Limited * Bureau Veritas * American Bureau of Shipping * Nippon Kaiji Kyokai * Korean Register of Shipping * RINA Services S.P.A * DNV GL AS * **Annexures:** * The notice includes Annexure 1 ("DMLC Part I Flag state guidelines"), Annexure 2 ("DMLC Part II (Declaration by shipowner)"), and Annexure 3 ("Inspection check list (Part A) & Statement of Compliance (Part B)") * **Guidelines**: *Minimum age (Rule 4) *Medical certification (Rule 5) *Qualification of seafarers (Rule 6) *Use of licensed or certificated or regulated private recruitment and placement service (Rule 7) *Seafarers' employment agreement (Rule 8) *Hours of work or rest (Rule 10) *Manning levels for the ship (Regulation 2.7) *Accommodation (Rule 16) *On-board recreation facilities (Rule 16) *Food & catering (Rule 17) *Health and safety and accident prevention (Rule 20) *On-board medical care (Rule 18) *On-board complaint procedures (Rule 26) *Payment of wages (Rule 9) *Financial Security for repatriation (Rule 12) *Financial security relating to ship owners' liability (Rule 19) **Impact Analysis** **Stakeholder: Ship Owners** * **Impact:** New guidelines/processes for the inspection and certification of maritime labor conditions on their ships. * **Action Required:** Owners must follow the new guidelines for DMLC, inspection, and certification. They must ensure compliance with the listed rules (4, 5, 6, 7, 8, 10, 14, 15, 19, 20 and 26) and regulation (2.7), and rules (16 and 17) as detailed in the document. **Stakeholder: Seafarers** * **Impact:** Enhanced protection of maritime labor rights and working conditions on Indian ships. * **Action Required:** Be aware of their rights under the Merchant Shipping (Maritime Labour) Rules 2016 and report any violations. **Stakeholder: Recognised Organisations (ROs)** * **Impact:** Responsible for carrying out on-board compliance verification inspections and issuing "Statement of Compliance." * **Action Required:** Conduct inspections as per the outlined checklist and ensure compliance with the new guidelines. **Stakeholder: Directorate General of Shipping (DGS)** * **Impact:** Responsible for enforcing the Merchant Shipping (Maritime Labour) Rules 2016 and overseeing the inspection and certification process. * **Action Required:** Provide guidance and clarification on the implementation of the new guidelines and monitor compliance. **Stakeholder: Registrar of Ships** * **Impact:** Responsible for registering ships and maintaining records of DMLC and other relevant documents. * **Action Required:** To verify DMLC documents and relevant papers are present for verification purposes.

Key Entities Referenced

Merchant Shipping (Maritime Labour) Rules, 2016: Rules established under the Merchant Shipping Act, 1958, related to maritime labour conditions on Indian ships. Merchant Shipping Act, 1958: The primary Indian legislation related to merchant shipping, as amended. Directorate General of Shipping: The primary authority for implementing and overseeing merchant shipping regulations in India. DGS Order 18 of 2013: DG Shipping Order concerning Indian River Sea vessels. DGS Order 01 of 2014: DG Shipping Order concerning Indian Coastal vessels.
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ffi raqq?I a,Ja gf+rt/ eTncr GOVERNMENT OF INDIA +d cft-d-6fi Fi"ril{/MrNrsrRy oF sHrpprNc dtqFd a-drfrisrrer{r/ DIRECToRATE GENERAL oF sHIpprNG ffit6ia:91-22-25752040/l/213 "kcl BEJT", 9 A }iBfr/"BETABUrLDIlic",9AFLOOR Tete:91-22-25752040t1t28 *-ffr: 022-25752029/35 $rq-fu-6. tq;il +-FqS / I-THINK TECHNO CAMPUS Fat:022-2575202985 f-fol: dgship-dgs@nic.in .r.r{i Hrai (*€) / KANJUR MARG(EAST) E-mail: dgship-dgs(@nic.in iq, wrvw.dgshipping.gov.in €"* - 4oo 042 I MUMBAI - 400 042 web: www.dgshipoEg.sov.in F.No. I o/CR/4/2009-Vol-lV Doled: 1 1.01.19 Merchant Shipping Notice No. 01 of 2019 Subject: Implementation of the Merchant Shipping (Maritime Labour) Rules .!16- the inspection and certification of the maritime labour conditions on Indian shipr;; (i) of less than 500 GRT including Indian River Sea vessels (DGS order 1,3 of 2013 as amended) and Indian C.:astal Vessels (DGS Order 0l of 2014 as amendecl) and (ji) River Sea vessels T),pe-l irrespective of their GT-ree. 1. In exercise of the powers conferred by section 218A, read with section 457, of the Merchant Shipping Act, 1958 (44 of 1958), as amended, the Central Government'having regard tc, the provisions of the Maritime Labour Convention, has notified the \4erchant Shipping (Maritime- labour) Rules, 2016, which came into force with effect from 29.02.16 vide the Ministry of Shipping, Govt. of India's Notification G.R.F' 202 (E) dated,29.02.l6. 2 lt'ccordingly, the Directorate General of Shipping, Govt. of India, through its M S Notice 16 of 2016 dated 0811212016, had laid down an elaborate and coniprehensive administrative mechanism for the inspection and certification for Indian Ships of GRT 500 MT and above and its M.S. Notice No. 09 of 2017 for Indian ships of GRT below .500 MT and lndian ships registered under DG Shipping Order l8 of 2013 (Indian River Sea vessels) and DG Shipping Order 0l oi 2014 (Indian Coastal vessels) as amended, in line .vith the ML('-2006. 3. Further, considering the representations from Indian shipowners associati<;ns and other strrall operators about the difficulties to implement the provisions of the said M.S. Notice 09 of 2017 and to further relax them, following guidelines/processes are norv to be followed by the owners of the ships of iess than 500 GRi, Indian River Sea Vessel, covered in DGS Order 18 of 2013 as amended, and Indian Coastal Vessel, covered in DGS Order 0l 0f 2014 as amended and River Sea vessels Type-1 irrespective of their GT: t-.-2" Guiclelines l. The owners of the aforesaid categories of the ships need not apply separately to the respective registrar of the vessels i.e. Mercantile Marine Department (MMD) for the issuance of the "Declaration of Maritime Labour Compliance Part -l "(DMLC part- I"). Annexure-I to this Notice shall serve as the DMLC Part I required to be issued by the Maritime Administration. 2. The ship owners shall make the "Declaration of Maritime Compliance (DMLC) Part - II" in the format given in Annexure II to this Notice. A copy of such completed and duly signed "DMLC Part-ll" by the ship owner shall be submitted to the registrar of the ships along with the copies of the "financial securities" Rule 12 and rule 19 of Merchant Shipping (lrlaritime Labour) Rules 2016. The original "DMLC Part II" shall be placed on board the ship. The Surveyor /lnspector from the Recognised Organisation (RO) shall, at the time of the inspection, ensure that the said declaration is available on board in original duly signed/stamped by the ship owner or its representative. 3. On board compliance verification Inspection shall be carried out by the RO in accordance with the Check List given in the "Part A" of the Annexure 3 to this Notice. Minimum two inspections shall be carried out in any five years period with interval between two inspections not exceeding 3 years. It is expected that in due course of time, the Inspection and Certification regime described in this notice will get harmonised with the intermediate and renewal statutory and class surveys of the ships. 4. On satisfactory completion of the inspection, the surveyor/inspector shall endorse and stamp the "statement of Compliance", given in Part B of the Annex 3 to this notice. The validity of the "statement of Compliance" shall be five years from the date of the completion of the inspection. 6. The "sratement of compliance" already issued to the ships (of GRT less than 500 and RS Type I vessels) in accordance with MS Notice 09 of 2017 shall continue to be valid till the due date of next lntermediate or renewal statutory/class survey of the ship as the case maybe. 7. The ships ( of GRT less than 500 and RS Type I vessels) which have not been inspected in accordance with the MS Notice 09 of 2017 shall offer their ships for inspection in accordance with this notice at the time of next annual/intermediate/renewal statutory/class survey, as applicable. 8. During the Flag State lnspection of the ships, the compliance with the provisions of this notice shall be verified by the attending surveyor. 9. Recognised Organisation referred above include such ROs, whom DGS, GoI has formally authorised through a mutual agreement. As on-date, names of such authorised ROs are: a) lndian register of Shipping b) Llyods Register Group Limited c) Bureau Veritas d) American Bureau of Shipping e) Nippon Kaiji Kyokai f1 Korean register of Shipping -. 3-3- g) RINA services S.P.A h) DNV GL AS 10. The guidelines and procedures laid down in the M'S' Notice 09 of 2017 dated 16llll21l7. issued by the Directorate General of Shipping, Govt' of India' shall continue to be applicable to: (i) Indian River Sea Vessel Type2,3 and 4 (DGS Order 18 of 2013 as amended) 0f 500 GT and above; and (ii.) tndian coastal vessel (DGS Order 0l 0f 2014 as amended) of 500 GRT and above' 11. This issues with the approval of the Director General of shipping, Gol' fr;, (S. Borguzer) Dy. Director Generol of Shipping (Crew) Encl.: L Annexure l: "DMLC Part I (Flag state guidelines) 2. Annexure 2: "DMLC Part II (Declaration by shipowner) 3. Annexure 3: "lnspection check list (Pan A) & "statement of Compliance "(Part B)'1 Annexure I Declaration of Maritime Labour Compliance Part- I (Annexure I shall be read in conjunction with Annexure 3- Check list (Part A) to the M.S. Notice 01 of 2019.) l. Minimum age lRule 4 of the Govt. of India's Me'rchant Shipping (Maritime Labour) Rules, 20l6Jz a) No person under l6 years ofage shall be engaged or carried to sea-to work in any capacity in any ship' ul A .young person' means any seafarer between the age of 16 and 18 years. c) ,Night' shall cover a period ofat least nine hours sLning from 2100 hours and ending at 0600 hours ofthe time zone at tire location of the ship d) Night work for young person is prohibited with the following exceptions; i. for structured training with established programs and schedules approved by the D G Shipping' ii. for those specific types of works or an approved training programme which are scheduled to be carried out at night only. These types of work shall be aiiiaea by the D G Shipping considering the well being of the young persons. ;) young person shall not be engaged or employed for carrying out the following hazardous works which may jeopardize the health ofsuch young person!; i. Operating power machines, hoists, cranes or acting as signalers for the operators of such machines. ii. Aitending io afloat works and work on deck during foul and heavy weathers. iii. Entry into boilers, tanks cofferdams and confined spaces' iv. Rigging v. Lifting, moving or carrying healry loads' vi. Exposure to toxic/ radioactive and other dangerous /hazardous substances. vii. Enirusting any other work which have been declared as hazardous work by the Director General. 2. Nledical certification [Rule 5 of the Govt. of India's Merehant Shipping (Maritime Labour) Rules, 20l6lt a) iny seufarer including young person employed on board a ship shall hold a valid medical certificate declaring him./her to be medically fit to cany out duties on board a ship. b) The medical fitness certificate shall be issued by a doctor approved by D G Shipping and shall be i. issued in accordance with the M.S.(Medical Examination) Rules 2000, as amended, issued by the GOI and shall be in compliance with STCW 2O1O &.ILO/WHO guidelines for conducting Pre sea and periodic medical fitness examination for Seafarers and also Merchant Shipping (Maritime Labour) Rules, 2016. ii. The certificate shall be valid for a maximum period of 2 years and for young person the same shall be valid for one year. The certificate for colour blindness shall be valid for a maximum period of 6 years. c) Where D G Shipping approved doctor is not available, an appropriate medical fitness certificate may be issued: - by a hospital/medical facility run by Central/State Govt. or - by a hospitalimedical facility run by the Port Trust' d) ln Lxceptional and urgent circumstances the seafarers including young persons are allowed to sail/serve on the vessel for a rnaximum period of 90 days without a valid medical certificate within which periods the seafarer/young person has to obtain a valid medical certificate. The seafarer/ young person shall also possess a recently expired medical certificate of90 days in such cases. 3. eualification of seafarers [Rule 6 of the Govt. of India's Merchant Shipping (Maritime Labour) Rules, 20t 6l: a) all seafarers working on board any ship shall be trained or certified as competent or otherwise qualified to perform their duties. b) any seafarer shall be permitted to work onboard a ship only after successfully completing training for personal safety on board' c) eualifrcation, Training and certification ofthe seafarers shall be as prescribed by the Directorate General of Shipping, Government of India.I ' 4. Use of any licensed or ce ilicated or regulated private recru'itment and placement se wice lRule of the Ziri'rf',i":t iuchant Shipping (Maritinte Labourt Rules' 20161: R ane dc oru lai ctm eme en nta tsn d op f l Sac "e um f"'e en "t ;o nfln ud t"i 'a nzsiei?af"a'rieitls'"s h ia iallb "e "rin '"a "c c so r'r id ppa in nc ge w(MithJtthimeMe eLrcahbaonurtS) Rhiuplpesin' g2(0R1e6c mruaidtme eunntder ,i.li"t.tunt Stipping Act' 1958' as amended' 8 of the Govt of lndia's Merchant Shipping (Maritime 5. Seafarers' employment agreement [Rule if'{l,Xf;!,tlkricens *e i*d , r re t. c sr .au iuit rm ., ,e nJn ' di e'9 iop sil uT up- l" o, a: d: I t1 hei" si" am:" e1 w': it: hif f th, eT a:' p1 pi, o': p- riJ at, e'* a$ uj tl h; of rf ii ty" fwfiiitlhTint the where aoplicable, b) , Trr hn e. i f' ur ri thi" e. r "t Tr. eJ rr mne sd a b rdv t che " #Di ire l;c :t :o 'r - G (;e 'n ;e 'r Cat to f oSh iiip rp 'tin tg '-Inprovlntnt of seafarers on board ship shall be stioulated in: ;i'il;i;.tt' Emplovment Ageement (sEA) or ;i ;;il;;.;il;ining aereiment (cBA)' where applicable or ;j :il;"';i#;;y.;""i:"r".i,.'ii",'*i3.",.bo',,i.,ug"n.yeon kust. where applicable, or c) 4 .) .T eA rn my so ath ne dr cfo or nm d ito iof ntf s" ,. t "r ,n o ";io ;u ;;* ftn i;t ; l"ig teementb eac sc ie gp nt ea dbl .e b . pyto t ob D o y t "hG " s tS h . h e ei p s vp e idi an efg na' cre er oan f d c oth ne tr as ch ti up a lo w orn e sr im o irr a a r r ue to ure ns ge "n .r "a nti ,v ,e po ,or t'r ih Oe in s gh ti tp '" m"# *i ii' ti; t "i ' J'; ln " iy"; L r t; oi' * i; '" e; ty tt ioi " 'ug ie "* a- Cn-n d tn o lir tv t Ain g o fc o Sn hd ipit pio inn gs ' o Cn o b to ta hr ed r eth ue n ds eh r'ip as required by d) t S sh iee ga nA f ia nc r get/ .r sr a u nsl dhe as sl/ l uc cbir hec , u o "g 0tl iu hv "er es ^rn 'n , f* -ao 0 ct' i ," " l ,t ip' i 1 i'p " *' "" u oi' '" i,-u fi" r'i .t ;n" ' ;t ;tt ;t* ;"a ;um ;d'yin '* e t ;o ;a *en .nd ius s u ie r le ie t.t ik h ea ad st v .ti hc et v tho hn ea vih se ht if pr" eT oe w& ly n e eC n r" t aeo nrf e de d m s i enp atl oo fa y ram en re a cn g ot r neb ce ee m mfo e er ne dt with a sufficienr e) s St Eta Ait , e wu" ht er rt eta u ae p pu l is ci agn be led , o 'f,r rig "fi in tia rrl "o ff it h "e "t "S '-E t"A n' tain the paticulars specified in sub rule 5 of Rule 8 ofM S' \HlJl:T:El":ll'liil'i"r".o'*.ent" in rull or pan rorms part or"r & c" oremplovment orseararer' a " cBX;iHi;';;;;pl;fi;; ui it't mav be' shall be made available on copv (in Enslish) of the "u" r) b tho ea r sd h. ip o\l'ner shall ens i"ur tc l 't ;h ia ;t ; c ;le ;a r informa ot ii o rrn '' " a ss t tt io p t ah ne d" ' tT h a& t sC uc" ho if nth foe r me am tp iolo ny m ine cn lut di is n ge a as i cly o po vb t oa fin te hd e on board bv seafarers' ';;l t" ,ir" bfrector General of Shipping or any other entity so h) s n ae o ra tif rfa hier ee dr s ei, n n ce dtm u odp finl .o gy o m p r o. ,r" .t, r s l" t na* l ie. "J Ja. u ;. t ;' h. ';oi ;' ri .it, i e-" s; " ; in# " ipf ioi *f n." s. rto. .bve vi ss eite ad fa' rer's continuous discharge cenificate. where l,) a t,o tio nl iic ma ub mle, ps eh ,a ioll db e o e f n no oo t" i" cd t '* tJit it lt ";";o;;'a io l 1f e rm # r.p ; .l f "o a ry 0m re "e rn r .t .s o * n ia r n tb td o t a htlr e'd i p bth B e o e * .s nh oti rp r : s S Efo Ar oth r e "e e ma prl l- ov yl mer em ni tn a ruti lo en s "'o bf u a t sealarers, employme* " ,r #*. ;i ;" ii l' ;, ; rtn",t'o" ;ays e period of notice shortel than seven days may be given in any case shall not be cri^'sew"Tl\iffillfi*:ffilT:r:ffiitlttYr'l: ln.ii.u.rtur"", *r'i"h "'";;;i'; ';0"'i''" il*inuti* of the employ lm ,e [n fft ia lg ;r 'e ile ment f ia "t o s *ho nrt .e rr n ,to 'utl ic ,e t '.o r *"d of the seafarer to teminate, without circumstances, it shalt be shorter notice or without notice for compassionate or other urgent penalty, the emplo)rynent ";;;;;;;' ,.) l::s;[::t:f,1,:il:rfi: ,i* h. "o ';" ir i, ;a 1t ;i 1o ;n ; ;;fr ;o i;m ; ,t hhe ; is ih ip 'b. eow sn pe er ci in n ec da s ie n o thf ein j "u rry , & Io s cs " o r o u f n ee mm pp lolo Yv mm ee nn tt arising from loss "f rules, as the case may be)' lCnaTsrel"rnptoy.ent 6 Hours of work or rest [Rrle l0 of the Govt. of lrulia's Merchant shipping (Maritime Labour) Rules' (" l ') ;T :h '.e f2 f, il ;jr ;f Jd; ; pwo tr ;k 'uing ii th ou tr "s r s lita t,n id "a tr d p f eo r r " s re &af a cre "r s o fs th ha e, en mo pt. le ox )'c me ee nd t a on f te hi eg h sr e- ah fo aru er r 'day with one'day rest per tiii-'i iou'*itr't tttt *t'ith ;hall be not less than ten hours in any twenty- (2) The shiP owner shar "o"pt tha:Il.'"i'li*:,"li.l:J[t]#H:,1"*.'* c)ffXil,"#i:li1;rs orresl mav. be divided into no$or-e i*"*i'uli"-ttn t*secuti'e pe'iods of rest shall not exceed louneen hours' hours in length and trtt_2' (5) When a seafarer is on call, such as when a machinery space is unattended, the soafarer shall have an adequate aompensatory rest period ifthe normal period ofrest is disturbed by call-outs to work. (6) The ship owner shall, as far as practical, ensure the posting, in an easily accessible place, of a table with the shipboard working arrangements showing the schedule of service at sea and servics in port. The Ship owner shall maintain a record ofSeafarers' daily hours ofrest in an appropriate format. (7)(a) Nothing shall prevent the right of the masler of a ship to require a seafarer to perform any hours of work necessary for the immediate safcty of the ship, persons on board or cu.go, oi for the purpose of giving assistance to other ships or persons in distress at sea; (b) ln accordance with the provisions ofclause (a), the master may suspend the schedule ofhours of work or hours ofrest and require a seafarer to perform any hours ofwork necessary until the normal situation has been rcstored; (c) As soon as practicable, afrer the nomal situation has been rcstored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period ofrest. (8)T ph re o s vh iip d o ew dn er shall e wsta ib rl hish the followi tn hg co perational p aar dam ee qte urs aa tn ed practices l eto a e vn esu .r e thai seafarers are namely:- (a)Seafarers employed on ships shall be given paid annual leave ofat least 2.5 calendar days per month of employment or pro rata; (b) Seafarers shall be granted shore leave of adequate perjod to safe-guard their health and well-being and with the operarional requirements oftheir pcsitions. (9) Any agreement to forgo the minimum annual leave with pay specified in this rule, sxcept in cases provided for by the Director General, shall be prohibited; provided that, the division of aonual leave into pans, or the accumulation of such annual leave due ir respect of one year together with a subsequent period of leave is authorized subject to mutual agreement between the ship owner and the seafarer concerned.' 7. Manning fevels lbr tbe ship (Regulation 2.7) [Rulel4 af the Govt. of lndia's Merchant shipping (Maririme k$ourl Rules, 20161: The ship orvner shall ensure rhat each ship shar be manned as per the safe manning document issued by Mercantile Nlarine Department ftom lime to lirne, by a crew that is adequate, in terms ofiize and qualifications, and manned by a crew so that the ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concarns about seafarer fatigue and the particular natuie and conditions of the voyage. The ship owner shall also ensure that provisions of Rule 17 with regards to food and catering are complied with. 8 l.. Accommodation lRulel6 ofthe Govt. oftndia's Merchant shipping (Maritime Labour) Rules,20)6J: 2. ship construcred before 096 october,20r6 shal huve an uppiovei uccommodation pran, where appricabre. For ships consrructed on or afler 9u october.20r6. the guiderines issued by the D 6 sr,ippli.,g,huli-u. complied wirh. 3. For Indian River Sea Vessels Annex 4 of RSV Notification l8 of 2013 and for lndian coastal vessels 4 Annex 3 ofCoasral Vessel Rules Notification Ol of20l4, as amended, shall be applicable. Fortnightly inspections along with documentation shall be canied out by the uasier or his representative on rb eo qa ur id re t mo e e nn tss u ore f. t Mh .a St . th (Me as re ita imfa ere r Ls a' b.a oc uc ro ) m Rm uo led sa ,2tio 0n l6 .is clean, decently irabirable and .uintuin"a ", p*,rr" 9._ oD'board recrcrtio! fac ities lRrle t6 of Govt. of rndia's Merchant shipping (Maritine Labour) Rule 20161. As far as practicable, recreational facilities including but not limited to television, showing of films, magazines, spons equipmenrs, internet & e'mair, commurication facility, Iibrary etc shalr be provi-ded ut ,o to o" seafarers. ships ma)' be exempted from the above requiremints where the seafarers do not aoy ou" "o -ii g r,t oi board or rhe crew is crnployed in periodic shifs with suitable facility provided ashore. 1 a0. ) F ood & catering [Rule 17 olthe Go.vt. of India,s Merchant Shipping (Maritime Labour) Rules, 2016]: The ship owner shall provide variely food ofrequired quaiity, q"uantity and nutritional vaiue- an'J water, including drinking water which cove$ the.requirement ofthe comprement on board the ship, their r;rigi;;: .b . ) requirements rnd cultural practices pertaining to food, duation ani nature ofvoyage. The ship own':r shall ensure that the food and water including drinking water is lrovided to the seafarers free of charge C Lrring the period of engagement. c) The ship owner shall ensure that the seafareB, wJlo are engaged as cooks of the ship, where the Specified safe Manning (as per minimum safe manning document iisied by administration)'or u" *t""t isio oi more, are in possession of the certificate of competency of coo( issued by birectorate c"n".i oi .. \-v- Shipping. No seafarer undei'the age of eishteen slrall be ernplo-"-ed or eirgaged or u,oi'k as a cook with the ship. d) Catering staff shall be trained or instructed f'or tlreil positions on board ship. e) Docurrented inspectiotts shall be carried out on board the ships rvith an inlerval of l5 days. b-v or under the authority of ihe rnaster. rvith respect to: i. Supplies of food and drinking rvater: ii. All spaces and equipntertt used tbr the storase and harrclline ollbod and cirirrking u'ater: and iii. Galley and otl.rer equiprtrent for the preparation and services o1-rleals. f) Adequate shore based catering arrallgerllent nrade b1. the shipor.r,ners tbl the seafarers ernployed on board shall be considered a substantial equivalent tbl requirenrent listed under ll. Health and safety and accident prevention IRule 20 of'thc Cot,t o/ lndio'.s l.lert,hunt Shipping (ll,laritine Labourl ktles,20I6J: a) Ship owners shall provide reasonable precautions to prevent occupational accidents. iniuries and diseases on board ships including measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as risk of injurl, or diseases that nra1, occur fi.onr the use of ecluiprnent and 'Sm ha ic ph ineries on board ships as the laid down procedures in SMS (rvhere applicable). b) owners shall report the details of occupation accidents. in-iuries occurred on board the ships in accordance with the relevant section of M. S. Act 1958 as anteni,.ri. c) Ship owners shall ensure that the master and another designat:d officer on board is delegated with the responsibility forthe implementation of and cornpliance rvith the;hip's occupational safety ind health, and related programme policy and in order to promote occupational safety. health u*ur.n.r, on board, a "Safety Meeting" is held at least once monthly, if tlrere are six or more Sealarers on board. The record of such meetings shall be maintained on board. d) Ship owners shall ensure that the safety and health ofyoLrng person's on board are adequately taken care of as per the relevant provision of M.S. Act 1958 as artrended. 12. On-board medical care IRttlelS oJ'the Got,t. o/'lnclia's Merchant,shipping (Nlaritime Labottr) Rules, 2016J: l) The ship owner shall adopt such measures for providing protection of health and medical care. irrcluding essential dental care, at no cost to the seafarers working on bodrd a srrip and, a) ensure the application to seafarers, of any general provisions on occupational protection of health and medical care relevant to their duties, and of special provisions specific to rvoik on board ship whilst wo:'king on hcarJ: b) ensure that seafarers are given protection of health and nredical care including prompt access to the necessary rnedicines, medical equiprnent in accordance with tlrc prcvisions oflhe Merchant Shipping (Medicine, Medical stores appliances and First Aid Equiprrrent) Rules, 199.1, ancl f-acilities for diagnosis anJ treatment and to rnedical information and expertisr_': c) give seafarers the right to visit a qualified medical practitioner (,r clentisr without delav in:ports of call, where practicable. at no cost to the seafarer and ensure that tlie rnedical care ancl protection of health services are not limited to treatment of sick or in-iured seafarers but include ,.orri.., of a preventive character such as health prornotion and health edLrcation prograrrnres. 2) Ships to which Merchant Shipping (Carriage of Medical Officers) Rules, 196 I apply shall carry nredical practitioner on board' The ship which does not canJ a meclical practitioner shall be iequired to have at least one seafarer on board with approved first- aid training on board the ship. 3) The ship owner shall ensure by a prearranged systerrr that an appropriate rnedical advice-including specialist advice is available to ships a., sea on all twenty-four hours of a da}, at no cost to the seafarer. 13. On-board complaint procedures [Rule 26 of the Got;t. tf lnclia'.; lvlerchant Shipping (Mctritime Lctbour) Rules,20l6J: a. The ship owners shall adopt on board complaint procedures to enablL an aggrieved seafarer sewing on board the ship to submit complaint to his Head of Department on board or direclli, to the Master, which shall be immediately and fbrmally acknowledged by the Head of Departrnent/Master to the seafarer concerned. A seafarer shall, at all times, have the unequivocal ri-eht to be accompanied and to be represented by another seafarer of his choice on board the ship concerned, rvhile making the complaint or for the follow - up thereon. b. If the seafarer's complaint cannot be solved to the satisfaction of the seafarer rvithin a prescribed tirne limit. the Master shall take up the matter with the RPSL agent/Companv for the resolution of the maler. .-.s--i- a c. If the complaint is not unresolved to the satisfaction olthe seafarer within a period one nrontf of receipt of complaint, the seafarer shall have the right to approach the competent authority. through the grieyance redressal mechanism as may be issued by the Director Ceneral fi'onr time to tinte. d. In all sLtch cases. seafarers shall also have the right to file their complaints directly with RPSL agenV company or the competent authority that the seaf'arers rnay consider appropriate for the purpose 14. Payment of wages IRule 9 ofthe Got,t. oflncliu's /v'lerchant Sl';ipping (Maritime Labourl Rules,20l6J: l) The ship owner shall nrake payments due to seafarers working on board their ships at no greater than monthly intervals. 2) The ship owner shall ensure that the seafarers are given a monthly account of the payments due and the amounts paid, including \vages. 3) The ship owner shall take measures to provide seafarers with a means to transmit all or part of their earnings to their families or dependents or legal beneficiaries. I 4) The ship owner shall fbrmulate measures to ensure that seafarers are able to transmit their earnings to their fanrilies which include:- a. a system for enabling seafarers, at the time of their entering ernployment or during it, to allot, if they so desire. a propofiion of their rvages for remittance at regular intervals to their families; by L'ank transfers or' si'nilar means: b. a i'equirernent that allotrnents shall be rernitted in due time and directly to the person or pers()r'rs nominated by the seafarers: c. an\/ charge for the service under sub clauses (a) and (b) of sub-rule (4) shall be reasonable in amount. 5) The wages payable to the seafarers shall be in accordance with the "Terms & Conditions" of the seafarers' emoloyment agreen'lent. 15. Financial SecuritY for repatriation IRule t2 ol the Oot,t. u/. lnclia'.s hlerc'hctnt Shipping (illaritime Labotrr) Rule.s, 20 !6/ . l. Ship owner'shail plovide' tlnancial securitv as in rule l-l oi the Merchant Shipprne llVlariiinre Labour littles)-20 I(; itnd;.-llacc the c'viclence olsuch Irnancial securilv on-board as in Forrn- I ot:Me:-chant Shippine (Viaritirne Latrour Rules)-201(; orany other Fonn acceptable to D c shipping. 2. The ship o\\/ner shall cnstrre that seafarer on their ships are repatriatecl in the fbllowinq circurrstancc's without an), cost to the scalhrers. rrantelv.- a. if the seafarers' errrplot rncnt agrectnent erpires : b. rvlien the seafarers'enlplol'ntent asreenrent is ternrinated bV the ship owner: or by the seafare,-: t'or.itistified reasons. as pet'the "T & C" of the sealarer enrploynrent: ancl also c. when the seafal'ers are no longet' able to carrv out their duties or cannot be expected to carrv thenr out in the ''l- specific circur.nsta:ices. as per & C" f the employr.nent agreetnent; d. on compassionate grounds as per the "T & C" of the seafarer ernploynrent agreement; 3. In the event of their abatrdonttrent. a seafarer shall be deerred to have been abandoned where. in violation of the requirentents of the act or the rules or the terms of the seafarers'ernployment agreement. the ship owner fails to cover the cost of the seafarer's repatriation: or has left the seafarei without the necessary maintenance and support(including adequate food, accornmodation, drinking water supplies, essential firel for survival on board the ship and necessary nredical care.); or has otherwise unilateraily severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months. 4. Ship owner shall ensure that there are appropriate provisions in the "T & C" of the seafareis employment agreement, specifying.-the circumstances in which seafarers are entitled to repatriation in accordance with the provisions ofsub clauses 2 (b) and (c ) above. a) the maximum duration of service periods on board following u,hiclr I seafarer is entitled to repatriation - which shall not be more than twelve months; and b) the precise entitlements to be accorded by ship owners for repatriari.r, irrcluding those relating to the destinations of repatriaiion, the mode of transport, the items ('t . \l)cnse to be covered and other arrangements to be made by ship owners. 5. Ship owner shall not make any provisiun requiring that seafarers nlirk,. ,r irdvance payment towards the cost of repatriation at the beginning of their employment, and also li'r,rr' ,,.,,\,!'ring the cost of repatriation from the wages of seafarers' or other entitlements except lvhere rhe ... ,' ,, r has been found, as per the applicable "T & C" of the seafarers'semployment agreement, to be in .l- , r'rhe seafarer's employment obligations. 6.FlnancialsecuritySystemshallbosuf}icicnttocoverthefollowlng.Brnely.. .-6 i ,'lI rl i I I i I-6- a. outstanding wa€ies and other entitlements due from the ship owner to the seafarer under the "T & C" of employnent, limited to two months of any such outstanding u'ages and lwo months of any such outstanding entitlements, b. all expenses reasonably incurred by the seafarer. irrcluding the cost of repatriation ref'erred below, the essential needs of the seafarer including such items, namely. a adequate tbod, clothing where necessary, accommodation, drinking water, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission conslituting the abandonment until the seafarer's arrival al home 7. Cost of repatriation shall cover travel by appropriate and expeditious means, and include provision for food and accommodation of the seafarers from the time of leaving the ship until arrival at the seafarer's home, necessary medical care, passage and transport of personal effect and any other reasonable costs or charges arising llom the abandonment. 8. The financial security shallnot cease before the end ofthe period ofvalidit) ofthe financial sfcurity. 9. A copy ofthe cenificate of financial security for repatriation shall be submined to the registiar ofthe ship, lor verification and record. 10. The certificate offinanciai security may either be obtained from the members ofthe Intemational Croup of P& I Clubs or fiom any oi the Non-lc P&l Clubs approved ,by lhe Direclorate General o[ Stlipping. Col or from any Indian insurance companies oi any other entity approved by D C shipping in order !b cover all the 2016. required claims ofseafarers under the M.S.(Maritime Labour) Rules, I t. The financial security shall provide direct access to, sufficient coverage and expedited financiAi l assistance to any abandoned seafarer. 12. Financial security should be encashable/payable, if required, under the direction ofthe registrar ofships, in case a ship owner is absconding or does not take up the riue responsibilities tor the pa),ment of wages,/repatriation. 16, Financial security relating to ship owners' liability lRrric l9 .l !hr Govt ,4 lnclu's lVer:r,hont Shipping (Marilime Labour) Rules, 20161: l. The ship owner shall provicie a system offinancial security to assure compensation in the event ofthe dearh or long-term disability ofseafaters due to an occupational injurl,. illness or hazard. as set out in the ''T & C" of the seafarers'emploYnrent agreement. as in rule l9 ofthe Merchant Shipping( Maritime Labour) Rules-2016 and place the evidence of such financial security on-board as in Form- 2 of Merchant Shipping (Maritime Labour) Rules-2016 i 2. The shipowner shall ensure that the system offinancial security rreet the following minimum requirements. namely: i. the contractual compensation, as set out in the seafarers"'T & C" ofthe employment agreerlent and without prejudice to sub-paragraph iii. below, shall be paid in full and without delay; ii. there shall be no demand to accept a payment less than the contractual amount: iii. whereas tl're nature oF the long-term disability of a seafarers rnakes it difficult to assess the full compensation to which the seafarers may be entitled, an interitn payment shall be made to the seafareff so as to avoid undue hardship; iv. the seafarers shall receive payment in accordance with the plovisions ofthe Rule l9 Merchant Shipping (Maritime Labour) Rules, 2016 without prejudice to other Iegal rights; and v. the clain for concerned compensation may be brought directly by the seafar'ers concerned. or their next of kin, or a representative ofthe seafarers or designated beneficiary or by Registrar of sh ips. vi. The certificate or documentary evidence of financial security' shall contain the following information and it shall be in English or accompanied by an English translation: a. Name ofthe ship; b. Pon ofregistry ofthe ship: c. Call sign ofthe ship; d. lnternational Maritinre Organization nurnber of the ship: Name and address ofthe provider or providers ofthe financial securitv: f. 'Contacr details ofthe person or entity responsible for handing seal'arer's contractual clairrs; g. Name ofthe orvner ofthe ship; h. Period ofvalidity ofthe financial security: and i. An attestation from the financial security provider that the financial security meets the requirements of Rule l9 ofMerchant Shipping (Maritime Labour) Rules.20l6 or LC 2006 -.-7 i I I I-v- 3' seaT fah ree r 's Thi hp e o sw hn ipe r o wsh na el rl n sho at lc l a en nc se ul r eo r t hte ar tm ni on a ft ine at nh ce ia f li n sa en cc uia ril t ls re tc ruu tr ti t Lv .r . cv ait nh co eu lt le g di v oin rig e ra m n ino ati tc ee d in b lw ,thri etin pg r ot vo i dth ee r of the financial security without giving notice of ar least ,ninr J-.u--rr,', in advance. to the Director General of Shipping. Govt. oflndia, bythe providei.offinancial securitv.' 4 5' ' A w hc eo rp ey mo of rt eh e t hs aa nm oe n s eh fa lnll a b ne c ip ao l s ste ed c uin ri ta y c po rons vp idic eu r o pu rs o vp idla ec se ro hn e b co oa verd r. r tv hh ee r ce lo i ct u i rs n ea nv ta i pla rb ol ve id t eo d t h be )'s ,ee aa cfa hr e prs ro. vider shall be carried on board. p6 e' riF oi dn a fn oc r ia wl h s ice hc u thri ety d s oh ca ul rl n p er no tv i id s e v f ao lr ith de . paynlent olallconrracrual clairns covered by irt( wvrhrricrvh' ra rise during the 7' PT &h e I c ce lurt bif sic a ot re f ro of m fi n aa nn yc oia f l thse e c Nur oit nv -n lcta y P &ei lt h ce lur bb se o ab pt pa ri on ve ed d ti bo yrr 'tr h r eh e D r in ree cn tr ob re ars te o Gf et nh ee r aln l te or fn Sa hti. o ipn pa inl gG , r Gou op l oo rf from any lndian insurance conrpanies or any ott.rer. entity approved tr), D c shipping in order to cover all the t required claims of seafarers under the M.S.(Mar.itinrc Labotir-; RLrres. iot6. Xl#:'ri'security shallprovide direct access to sutilcient.ool.roo. arrd expeditecl firrancialassisrance to any 9' Financial securitv should. be encashable'f.rt q'ublc. il requireci. Lrnder rlre direction of the re-gistrar of ships, in ffjffii}Sr:-ner is lbscondin-s or does not take up the dLie reslorrsibirities fbr the pa,\,rnenr oil.o,rp"nrution to i I I IAnnexure-2 DeclarationofMaritimeLabourCompliance-Partll (Measures adopted to ensure ongoing compliance between inspections) The following measures have been drawn up by the undersigned to comply with the requirements of Annex 1 of Ms notice 01 of 2019 dated 11.01'19 with respect to the ship Ii.ll;"-,-"*'..*"ffi :" 'l'1lli3i;-'""""*i'"':ffi 1. Minimum age .....'...... 2. Medical certification 3. Qualification of seafarers """"""" 4. Seafarers'employmentagreement""""""""" 5. Use of licensed recruitment & placement service' 6. Hours of work or rest 7. Manning levels for the ship """""" 8. Accommodation 9. On-board recreation facilities 10, Food and catering 11. Health and safety and accident prevention """"""""' L2. On-board medicalcare """""' 13. On-board complaint procedures t4. PaYment of wages 15. Financial security for repatriation """""" 16. Financial security relating to ship-owners' liability I hereby certify that the measure have been drawn up to ensure ongoing ComPliance, between inspections, with the requirement listed in Annex 1 of M. S. Notice 01 of 2019 dated 11.01.19: Name of the shiPownerl: t-2- SCHEDULE MULTIMODAL TRANSPORT nt reference no. Consignee (or order) (Name and address of the MTO with MTO registration Number) Taken in Charge in apparently good condition, herein at the place of receipt, for transport and delivery as mentioned above, unless otherwise stated. The MTO, in accordance with the provisions contained in the MTD, undertakes to perform or to procure the performance of multimodal transpofl from the place at ich the goods are taken in charge, to place designated for deliver,y and the for responsibility such MTD(s) must be surrendered, in exchange for the goods of the original MTD all of this tenor a date have been signed in the number below one of which i being accompli the other(s) to be Date or period Modes/means Route/place of of Delivery of transport transshipment if any) iner and kind Marks Number of packages, Gross surement ) number of packages, general Weight description of goods Particulars above furnished by consiqnee/ consiAnnexure-3 Part A: (Inspection check list) Ship's Details Name of Ship Port of Registr_r' IN4O No Gross tonnagc Official Number/Call Sisn Date/Year Built T'r'ne of ship Area of Operation Name of Ship-orvner** Address of Ship-owner __ Name of RPS Provider, if Address of RPS Provider and RPSL number rvith validitv applicable Is the original ship on'ner's declaration (DMLC Part II) on board duly signed by the shioowner**? Date of previous Inspection: Date and Port of Inspection: **Ship-ou,neruneans an organization or person, v'ho has assumetl the re.spon.sibiliry'for the operation o/.the ship from the regislered ov,ner oJ'the ship and u,ho, on assunting such responsibility, fi65 agreecl lo take ot,er the duties and responsibilities imposed on ship ovlners in accorclunc'e'rith the llt S Mctrilime Labour Rules, 2016 regardless of w,hether anl,other organization or persons.fiil/il certai,r o.f the duties or responsibilities on l,chol/' of the ship-ov,ncr. General Guidelines: 1) These guidelines are applicable to ships of less than 500 GT and River Sea T,vpe 1 vessels, irrespective of their GT, registered urider Merchant Shipping Act 1958, as amended. 2) " Terms and Conditions" of employment of the seafarer on board ships means "'ferms and Conditions" stipulated in: a) Articles of Agreement, where applicable. and b) Seafarers Employment Agreement (SEA) drawn in accordance with the Rule 8 of the MS Maritime Labour Rules 2016 and signed between the seafarer and the shipowner or its representative or-2- d) "Rules of employntent" o1-the Central/State Govt. agencies/major port trusts or e) any other form of employment agreement complying with the guidelines issued t'y the D C Shipping frorn time to iinre. 3) Records, w'here required, n-raybe maintained in appropriate forms/check list or in a register/note book. 4) Any deficiency noted during the inspection shall be recorded separately by the inspector on a proper form. 5) Deficiencies. if any- observed during the inspection of the ship shall be categorised as "Major" or "Minor". 5> Any violation of the requirement under the category of minimum age of seafarers, valid medical fitness certificate, qualification requirement of seafarers, use of non- licensed RPS provider, where applicable, non-compliance with minimum safe manning document issued by the registrar. non-payment of wages for a period exceeding 2 mcnths, absence of adequate crer.v insurance cover and flnancial securities as required under MS maritime (labour) rules, 2016, shall amollnt to "Maior" deficiency and tfe attending inspectormay demand rectit'icaticn of the deficiency prior to the sailing of the slip from the Port or 48 hours whichever is eariier. 7) Any other violation of the requirenrent listed in the "Altnexure l" and "Check List " ( Annexure 3) shall arrount to "l\4inor" deliciency and the ship-owner shall be given time to rectify the deltciency in a nraxit-nt-tt.tt l5 tlays ot'time. Mandatory Inspection Items: (Ll'herc raquired. guiclunc'e ancl explanations are provided in 'talics S Requirement Verification/s by MLC lnspector N . Minimum A er.e ani' youn-s person. O.tt,.* itre u-,:. c,r l6 and l8 years) L'nlplo\ed on board " ll'tlre I answer is YES. shipou,net' to tLrrther I confirrn: W hithcr th:- definition of "Nisiii" [.reei a documented and is in corlpliance '? t. Are the young person enrployed in "Night I work" other than for the structured training b programnre as approved l,y the administration ? l. Are the young person. if on board. lc emploved in hazardous rvork'l 2. MedicalCer;ification 2 @toto*-eu*litl I I medical tltness certificate with validity date not more than 2 years fronr the date of issue ? (one vear for Young persons 2. The medical fitness certificate has been 2 issued by: a. A Doctor approved by D G Shipping OR b. Where D G Shipping approved Doctor is not available i. By a hospital/medical facility run by Central/State Govt. OR ii. By a hospitallmedical facility run by the Port Trust. 2. Does the medical fitness certificate state -..3 i i I I 1t t I=- J that; a. Hearing and sight ale satisfactory ? b. Colour vision, where fitness for the work to be perforrned is liable to be aft'ected by defective colour vision, are satisfactory c. Seafarer concemed is not suffering llom any medical condition likely to be aggravated by service at sea or render the seafarer unfit for such service or to endanger the health ofother persons on board? No In case the medical ceilirtcarc has expired, te the seafarer shall not continue lo be employed on bcard for more than 3 months the expiry of the medical cerlificate. 3. Oualification of seafarers 3. Does the ship cornply with the requirement I of minimum safe manning document issued by the Administration in terms of qualification, experience and number of seafarers ? Have all the seafarers employed on board 2 successfully completed training for personal safety and security. (4 Basic STCW Cour.ses and Securiql ins ) I Ar; seatarers been provided J famiIiarization training on board ioinine? 4. Seafarers' employment a 4. ls the copy of the Article of Agreement. I where applicable, signed by the seafarer and the shipowner available on board ? 4. The "Terms and Conditions" of the 2 employment of seafarers on board ship are stipulated in: a) Seafarers' Employment Agreement (sEA) OR b) CBA, where applicable OR c) "Rules of Errrployment" of the Central/State Govt. agency or the Porl trust. No d) Any other forrrr of the employment te agreement acceptable to D G Shipping. (state as applicable) llthere applicable, the cop), olt the CBA or the Rules of employment of the Central/State Agency or the Porl Tn$l to be cn-ailable on board. 4. Are the seafarers given an opporlunity to J examine & seek advice on the "Ternts and Conditions" before signing the agreement. to ensure that they have freely entered into nt with a sufficient --.9 I- -t4 understanding of their rights and 4. Is the employrnent agreement signed in 4 duplicate by both the seafarer & the ship- owner or a representative of the ship-owner and the seafarer has been provided his copy ? 4. Are the seafarers provided record of their 5 employment on board the ship in appropriate fonn ? No Record o.f the entplot;menl lo endorsed on te CDC or w'hertt CDC is nol ct recluiremenl, in 5. Use of licensed or certified or u lated ivate recruitment and cement service Are the seafarers recruited through a private recruitment and placement service (RPS) provider ? Copy of the valid RPS licensc to hc .;\tlO le available on board. If the answer For above is YES. has the RPS l.a provider entered in to a fornral Agreenrent RPSL Form Vll) rvith the shi ? 6- Hours of work or rest Is the Table of rvorking arrarrgenrent tbr I schcduies iri Sea alrd in porl posted in a conspicuous location. where practical ? Harbour tugs, supporl crct/i.s elc. tr,lten No operdting v'ithin porl litnits mov be le exentpted from this r 6. Are the records of hours of rest or work duly 2 signed by the each seafarer and Master maintained on board ? No Minimum hours of rest to be provided shall te be l0 hottrs in ,tt4, 24 hour.s which ma1, be divided into no more than tv,o periods and one ofwhich shall be at least 6 hours 7. Manni levels for the s Are manning levels for the ship adequate, ,1. I ensuring that ships are operated safely, efficiently and with due regard to security? (Minimum Sofe A4anning Document issued the Repistrar to be available on boar 8. Accommodation and On-board recreational facilities 8. Ship constructed before 09"' October,2016 I are required to have Accommodation plan approved by the Administration where 8. For ships constructed on or after 9"' October, 2 2016, the guidelines issued by the D G Shipping shall be complied with. No Exemptions granted by the D G Shipping, if ..1 te 8. I Recreational facilities, amenities or services 3 | to be provided on board for seafarers ? Due consideration shall be given lo the si:e, No i type and area of operation of the ship when 8. Is there a proper record of regular (bi- ...-a-{- 4 monthly) inspection of the accommodation, galley, provision stores etc. carried out by' the Master/Desisnated otflcer? No Ships m0)) be exempted .frorn the le requirement.s listed ctbc-tve in 8.I to 8.4, if the seafarers do not stal; sv.,'r'trt on boctrd or the crew is emplovecl in periodic shift.s with su it a bl e fa c i I i h, pr ot' i ded os hore. 8. Do the seafarers have safe access to space or 5 spaces on open deck, when offduty? . Food and catering 9. Are adequate food. in terrns of quantity. I quality, nutritional value and variety, provided to seafarers free ofcost? 9. Are food and dri;rking water supplied I 2 having regards to the no. of seafarers on board, their religious requirements and cultural practices as tirey pertain to food, the nature and duration clthe voyage? 9. Ai-e there sec'.rre and llr,gien ic storag.^ J facilities for flood, pr<-rvision and garbage? 9. If the seafarer, rvho is engaged as cook on 4 the ship w'here the Specified Safe Manning (Mininrum safe nranning document issued by the Administrat;on), is l0 or more, in possession of the Certificate of Competency of Cook. issued b1.' Directorate General of ShiDpine? No (Aclecluate .sltttrt ba.sed calering le arrangement nrucle b.t' the shipov,ner,s.for the seufttrr't.s L'tnl)l().t'L'rl ()tt lrourcl ,sltall he cr-tttsitlerecl u .srrb,;lurttiul etltrit,olcnl ./br reqyirentent li.stecl untler 9.I lo 9.4 ubove.) 0. Health and safen' rrrotection and acciderrt Drevention l0 Are there procedules in place of "Perrnit to .t work" syster-rt when undertaking hazardous tasks on board? No Ary, 11,r, rort: ott hoarcl and enln' in lo le encloserl spuc'e.s .shull be consitlerecl ha:urd(til.\ lu.\k.\ . l0 Are the Seafarers provided rvith adequate .2 Personal Protective Equipment (PPE)to prevent occr.rpational accidents, iniuries and diseases on board? l0 Where tlrere are (r or rttore segfarers ,J employed on board. is the Saf'ety Meeting conducted on board at least once nronthly and recorded and actions taken as required? It. On-board Medical care lt Is there a reasonable stock of nredicines & .t equ:pnlent a.s applicable to the ship? For ships operating within port limits tlith No an arrangement u'ith Port Medical .facilin, te an approt,ed First Aid Box and a Stretcher on board shall be considered a substantial l.l equivalent for reqttirement listed under I above. ll Is there at least one seafarer with approved ... 6 I I II I a I I , I I I I-6- .2 first- aid trainins on board the ship? il Has the Master of the ship been provided .J with the procedures to contact Ship owner/Ship owner's appointed DoctoriPotl doctor for Medical Advice? lt Are the seafarers provided access to free .4 medical care ashcre? 12. On board comrrlaint procedures t2 Is there an on-board corrplaint procedure .l seeking to resolve cornplaints of seafarers employed on board arrd is the cor.rrpliant procedure availabie to seaf'arers ? Appropriate notice.s. No displat,ed te conspicttotrsl-t' on board the ship, stating sea{arers right to comploint to the Moster, Company and the e.\-ternol authorities, us required, v,ith co,',tact details. .Shall be considered a subslanlial etpivalent .for the requirement listed under l2.l above. t2 Are there any pending complaints to be j .2 resolved ? I 3. PaymentofW l3 Are the wages paid at monthly intervals to .l the seafarers and in accordance to the I "Terms and Corrditions" of the employment I I agreement? l3 Terms and Conditions of the employment I .2 shall specifu: , a) Basic Wages payable. b) Leave Wages payable. c) Overtime payable d) Provident Fund, where applicable, payable e) Gratuity, where applicable, payable. No f) Any other allowance. if applicable. te Basic & Leave v'ages, ortertime and PF ore to be detertnined on the basis of the basic wages poyable to the seafarer in accordance with the "Terms and Conditions" of the t3 Is there a provision for allotment of part/full .J wages of the seafarer to be remitted to his nominated beneficiary acqount free of cost ? l3 Are there any unauthorized deductions made .4 from the seafarers' wages? l3 Are the seafarers given statentent of .5 qlo4lh ly account wages? No (Compliance with the rule.s of iiploy,nertl te of the central/state Govt. ogencies or the Porl Tnrsts, . as applicable, shall be I I considered a .subslantiol equivalent .for the reEtirement listedfrom l3.l to 13.5 above.) i | 4. Entitlement to leave l4 Are the seafarers granted shore leave to .l benefit their health and well-being consistent with the operational requirements of their positions? t4 Are the seafarer paid annual leave of ---7-v- .2 minimum 2.5 days per month or pro rata for the period ofseafarer's service on board ? The Compliance with the ntles of the No employmenl of the State/Centrol Govt te agencies or the Porl Trust, as appiicable, shall be considered as subslaniial equivalenl .for the recptirentent lisled untler 14.2 above. 15. Reoatriation l5 I Are the seafarers repatriated as per the .l | "t"r,r, and conditions;' of the employment I mentioned in the SEA/CBA or the rules ol I employment of the statelcentral Covt. I agencies or the Porr Trust. as the case I mavbe. l5 Financial Security (or a similar instrunrent .2 approved by the D C Shipping) covering a minimum of 2 months of the wages of all seafarers erlplol,ed on board to be provided by the shipowner issued by an agency & in the format acceptable to the D G Shipping. No The Conpliance v',ith !he rule.s o/ the le emplovntent of the Statc/C'entretl Covt. agencies or the Por! 'frusl, as applicoble, shall be consitlered u.t substuntiul equivalenl /br the requirentcnl li.stel trntler I 5. I and I 5.2 abore. 6. Shirr orvners' lia bilit t6 Does the "'ferrns and the Conditions" of the .t ernploynrent of the seaf'arer state that the ship owner shall ['rear the costs fbr seatarers working on board in respect of sickness and injury occurrin_rt between the date o1' commencing dutl' and the date upon which they are deerred duly repatriated. or arising from their enrplovnrent betrveen those dates? r6 Financial security 1or a sinrilar instrurnent .2 approved by the D C Shipping) to be provided by the shipou'ner in accordance with the rule 19 of M S Maritirne l.abour Rules 20 16 issued by an agency & in the fornrat acceptable to the D G Shipping. t6 Does the'ferms and Conditions of the employrnent of the seafarer state that the ship-owner defi'ay the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, board and lodging away from home until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character? No The Compliance u,ilh the rules of te employment of the State/Central Gott. agencies or lhe Port Tntst, cts applicable, I shall be considered as subslantial i equivalent for the requirement listed in 16. I I to 16.3 above. I g ,i I I ..i rl I I I ! I-g - r6 Are there measures tbr safeguarding .4 property left on board by the sick. injured or deceased seafat'ers arrd tbr returning it to them or to theii. next of kin? Date...... Name/Signature/stamp of the Master AuthorisedSignatoryliff 'fi:;;l,]::li3t?,,'1,1on'n' I I IPart ts STATEMENT OF COMPLIANCE Name of ship Distinctive number Port of registrl' Gross IMO or letters tonnage number Name and address of the ship-owner T,vpe of ship This is to certify that this slrip lras been inspected and verified to be in con,pliance with the requirernents as stated ir.r tlre Part A of Annex 3 of M. S. Notice 0l of 2019 issued b.r" the Directorate General of Shipping. Govt of India. This Statement of Compliance is valid until (cldimnt.,';1'1'r), sub.iect to intermediate inspections in accordance r,r'ith M. S. Notice 0l of 2019 issued b1'the Directorate General of Shipping. Govt of Inclia. Completion date of the inspection on which this Statenrent of Compliance is based \\'as (dd/mm/'yyyy) Issued at oll ...... (dd/mrnlyyyy). :: OfJicial Seal [Authorized Signatory of Recognized Organizotion J Endorsement for. Intermediate Inspection P1ace............ Date: Authorized Signatory of Recognized Organization Official Seal . i ,. I

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