Home India Ministry of Ports, Shipping and Waterways ORDER-M/s Almighty Maritime Services Pvt. Ltd. Navi Mumbai...
Date: 2021-01-20 Category: DGS Circular State: Union Government Country: India

ORDER-M/s Almighty Maritime Services Pvt. Ltd. Navi Mumbai

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

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Executive Summary & Key Takeaways

**Executive Summary** This order, dated January 19, 2021, issued by the Director of the Seamen's Employment Office, concerns violations of the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016 by M/s Almighty Maritime Services Pvt. Ltd. As a result, the recruitment and placement license of M/s Almighty Maritime Services Pvt. Ltd. is withdrawn, and the company and its director, Shri Keshav Singh, are blacklisted. This order is effective from the date of issue. **Key Points / Main Content** * **Violations Identified:** * The company recruited 359 seafarers with a bank guarantee of only INR 15 Lacs, violating Rule 15 of M.S.(R&PS) Rules, 2016. * The company failed to update its online RPS profile and submit/upload Form-VII, manning agreements, and vessel details, violating M.S.(R&PS) Rules, 2016, and Merchant Shipping Notice No.06 of 2018. * The company changed its directorship and founding director without informing the Seamen's Employment Office, violating Rule 10(2) of M.S.(R&PS) Rules, 2016. * The company changed its place of business without intimation, violating Rule 17 of M.S.(R&PS) Rules, 2016. * **Show Cause and Hearing:** * A show cause notice was issued on February 18, 2020, and the company was directed to submit a Bank Guarantee of Total INR 20 lacs and update its online RPS profile. * A personal hearing was held on February 27, 2020, where a representative of the company admitted that the Director had taken money from seafarers. * **License Withdrawal and Blacklisting:** * The Recruitment & Placement license No. RPSL-MUM-439 of M/s Almighty Maritime Services Pvt. Ltd. was withdrawn on March 12, 2020. * M/s Almighty Maritime Services Pvt. Ltd. and its Director, Shri Keshav Singh, are blacklisted and debarred from conducting any maritime activity associated with the Directorate General of Shipping, Mumbai, and its allied offices. * **Grievance Received:** * A grievance was received stating that the company charged Rs. 3.70 lakhs for providing employment on board ship. **Impact Analysis** **M/s Almighty Maritime Services Pvt. Ltd.** * **Impact:** * Loss of Recruitment & Placement license (RPSL-MUM-439). * Blacklisted and debarred from maritime activities associated with the Directorate General of Shipping, Mumbai, and its allied offices. * **Action Required:** * Cease all maritime recruitment and placement activities. **Shri Keshav Singh (Director, M/s Almighty Maritime Services Pvt. Ltd.)** * **Impact:** * Blacklisted and debarred from maritime activities associated with the Directorate General of Shipping, Mumbai, and its allied offices. * **Action Required:** * Cease all maritime recruitment and placement activities. **Directorate General of Shipping, Mumbai and Allied Offices** * **Impact:** * Required to enforce the blacklisting of M/s Almighty Maritime Services Pvt. Ltd. and Shri Keshav Singh. * **Action Required:** * Ensure the company and individual are not engaged in any maritime activity. **ADG (E-Governance Cell), DG Shipping, Mumbai** * **Impact:** * The online E-Governance system has to make provision accordingly. * **Action Required:** * Make provision in online E-Governance system accordingly. **Computer Cell, DGS, Mumbai** * **Impact:** * The order has to be made available to the relevant audience. * **Action Required:** * Publish the order on DGS' website **Computer Cell, MMD, Mumbai** * **Impact:** * The order has to be made available to the relevant audience. * **Action Required:** * Publish the order on MMD's website

Key Entities Referenced

Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016: The rules governing the recruitment and placement of seafarers, violations of which form the basis of the order. Directorate General of Shipping, Mumbai: The governmental body that is ultimately responsible for Maritime activities which Almighty Maritime Services Pvt. Ltd are blacklisted and debarred from. M/s Almighty Maritime Services Pvt. Ltd.: The company whose Recruitment & Placement license has been withdrawn and which is blacklisted. Director Seamen's Employment Office, Mumbai: The office that issued the recruitment and placement license to M/s Almighty Maritime Services Pvt. Ltd. and withdrew the license. Mumbai: Location of Directorate General of Shipping and Seamen's Employment Office, Mumbai.
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er# #6" GOVERNMENT OF INDIA qa-a,fa cftd-id 3it{ sfrffrrt armq Ministry of Ports, Shipping and Waterways ilrFdfi {ta-rrr{ rrql-a-ql sEAMEN's EMpLoyMENT oFFrcE M dt er+a, {rfl-S eTrg +-ffrfi rrrdt, Fd, rffi-aoo oor NOU BHAVAN, ].0, R.K. MARG, BALLARD ESTATE, MUMBAI - 4OOOO1 Tel. : Nos. 2269 29 84, F ax: - 022- 22692985, Email - dirseo-dgs@sov. i n F.No.23-50t6t2020-CREw - DGS / 48 l20 10 Dated: 19.01.2021 I I JAN 2021 ORDER Whereas , M/s Almighty Maritime Services Pvt. Ltd. , Balaji Bhavan Co-op Soc. Ltd., Off #613,6tn Floor,'A'Wing, Plot#42A, Sec.#ll, CBD Belapur, Navi Mumbai- 4000614 was issued with Recruitment & Placement license bearing No.RPSL-MUM- 439 valid from 15.09.2017 to 14.06.2022 by the Director Seamen's Employment Office, Mumbai , under Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016 promulgated vide Gazette Notification GSR No.169(e) dated 15.02.2016. 2. And whereas, following violations have been noted against M/s Almight Maritime Services Pvt. Ltd. as revealed by DGS online E-Governance records: 2.1. Total number of seafarers on board recruited by RPS provider noted to be 359(i.e. Three Hundred Fifty Nine in Number) as on 18.02.2020 whereas Bank Guarantee submitted by RPS provider amounts to INR 15 Lacs only (Rupees Fifteen Lacs only) and has thus, violated Rule l5 of M.S.(R&PS) Rules, 2016. 2.2. Non-updating of online RPS profile nor submitting/uploading of 02 (two) in Nos. of Form-VII, manning agreement & details of 140 (One Hundred Forty) in Nos. of vessels mentioned by RPS provider in DGS online RPS profile on e-governance module which is in violation of M.S.(R&PS) Rules, 2016 read with Merchant Shipping Notice No.06 of 2018 dated I1.10.2018. 2.3. It was observed that Directorship of company has been changed and founding director has been replaced without any intimation to the Director, Seamen's Employment office in violation of Rule l0(2) of M.s. (R&PS) Rules,2016 Quote "The license issued underthese rules shall not be transferable" Unquote. 2.4. Change in place of business without intimation in violation of Rule 17 of M.S.(R&PS) Rules, 2016. \/g3. And whereas the Director, Seamen's Employment Office, initiated proceedings under Rule 12 of M.s.(R&PS) Rules, 2016 against M/s Almighty Maritime Services pvt. Ltd. and issued a show cause notice vide letter No.SEO/RPSL/Gr/0812020 dated I 9.02.2020 4. And whereas office of the Director, Seamen's Employment Office, Mumbai, vide letter No.SEO/RPSL/Gr/0812020 dated 1 8.02.2020 directed M/s Almighty Maritime Services Pvt. Ltd. to submit following: (i) Submit Bank Guarantee of Total INR 20 lacs in accordance with Rule 15 of M.S.(R&PS) Rules, 2016. (ii) Update online RPS profile along with all Form-VII, manning agreemenr & details of all vessels mentioned by RPS provider in its online RPS profile on e-governance module in accordance with M.S.(R&PS) Rules, 2016 read with Merchant Shipping Notice No.06 of 2018 dated I 1.10.2018. Unquote 5. And whereas the response of M/s Almighty Maritime Services Pvt. Ltd were found unsatisfactory and as they failed to comply with directives issued above, a personal hearing under Rule 12(2) of M.S.(R&PS) Rules,20l6 was scheduled with M/s Almighty Maritime Services Pct. Ltd. on 26.02.2020. However, Mr. Dassari Das who stated himself as Managing Director, M/s Almighty Maritime Services Pvt. Ltd. reported for the hearing on 27.02.2020 wherein he reiterated that Mr. Keshav Singh, Director, M/s Almighty Maritime Services Pvt. Ltd. has taken lacs of rupees from the seafarers. Mr. Dessari Das also requested time of 01 week from the date of hearing to make requisite submission of Bank Guarantee of 20 lacs and uploading documents in online RPS Profile to the Seamen's Employment Office. 6. Therefore, the said Recruitment & Placement license bearing No. RPSL-MUM- 439 in respect of M/s Almighty Maritime Services Pvt. Ltd. , Balaji Bhavan Co-op Soc. Ltd., off #613,6th Floor,'A'wing, Plot#42A, Sec.#ll, cBD Belapur, Navi Mumbai-4O0 0614 was withdrawn by the Director Seamen's Employment Office, Mumbai vide order No.SEO/RPSL/Gr/0812020 dated 12.03..2020 for violations of M.S.(R&PS) Rules, 2016. 7. In addition to above, the Directorate General of Shipping also received grievance/complaint against M/s Almighty Maritime Services Private Ltd. from Shri Subham Thakur, Marine Engineer intimating that M/s Almighty Maritime Services Pvt. Ltd. along with M/s Good Result Marine Services Pvt. Ltd., RPSL-Mum-324, has charged him an amount of Rs. 3.70 lakhs for providing employment on board ship. After receiving the money, the petitioner was issued with an agreement offering employment on board vessel 'Vassai VCT 02' owned by M/s Almighty Maritime Services Pvt. Ltd, RPSL-MUM G5\.. \/'439. He was provided with an air tickets to Vietnam and after reaching Vietnam he could not join the vessel. 8. In view of the circumstances explained herein above, the Competent Authority has decided and ordered herein that M/s Almighty Maritime Services Pvt. Ltd., RPSL- MUM- 439 and its Director, Shri Keshav Singh, S/o Pradeep Kumar Singh, Flat No.506, Anmol 210 Planet, Sector 10, Kharghar, Raigarh, Panvel, Maharatra-4l} are blacklisted and debarred for conducting any maritime activity associated with the Directorate General of Shipping, Mumbai and its allied offices fiom the date of issue of this order. 9. This issues with the approval of the competent authority' Seamen's EmPloYment Offi ce To l. M/s M/s Almighty Maritime Services Pvt. Ltd., Balaji Bhavan Co-op Soc. Ltd., off #613, 6th Floor, 'A' wing,Plot#42A, Sec.#1 l, cBD Belapur, Navi Mumbai-4O0 0614 2. Shri Keshav Singh, "Director, M/s Almight Maritime Services Pvt. Ltd." S/o Pradeep Kumar Singh, Flat No.506, Anmol Planet, Sector 10, Kharghar, Raigarh, Panvel, Maharatra- 410210 Copy to: l. Directorate General of Shipping, Mumbai (Kind Attention ADG Crew) 2. The Principal Officer, MMD, Mumbai 3. The Director, SEO, Chennai/Kolkata 4. The Shipping Master, Govt. Shipping Office. Mumbai/Chennai/Kolkata 5. The Registrar, Ministry of Corporate Affairs,5"'Floor. 100,1 Everest Builing, Netaji Subhash Road, Marine Drive, Mumbai-4O0 002. 6. The ADG (E-Governance Cell), DG Shipping, Mumbai with a reqttest to make provision in online E-Governance system, accordingly. 7. Computer Cell , DGS, Mumbai with request to publish the same on DGS' website 8. Computer Cell, MMD, Mumbai with a request to publish the same in MMD's website. ,1,

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