**Executive Summary**
D G Shipping Circular No. 34 of 2020, issued on 12.11.2020, addresses the review of debarment policies related to Continuous Discharge Certificates (CDCs). This circular reduces the debarment period for candidates who submitted false documents. The circular is effective from the date of issue.
**Key Points / Main Content**
* **Background**
* CDCs are issued to Indian seafarers by Government Shipping Offices.
* Issuance is governed by the Merchant Shipping (Continuous Discharge Certificate) Rules, 2017.
* **Debarment Policy Review**
* The Directorate reviewed the debarment policy after receiving requests from affected applicants.
* The punishment period has been relaxed from 'lifetime' to 'up to 5 years.'
* **Revised Debarment Periods**
* Candidates found to have furnished fake documents with their CDC application will be debarred for up to 3 years.
* If a candidate who has been issued a CDC is found to have submitted fake documents, the CDC will be suspended for 3 years.
* **Procedural Requirements**
* Before suspending a CDC, the Shipping Master must follow due process of law and principles of natural justice.
* **Effective Date and Eligibility**
* The Circular is effective from the date of its issue.
* Candidates who have completed 3 years of debarment as of the date of the circular may apply for a CDC if found eligible.
**Impact Analysis**
**Stakeholder: Seafarers/Candidates**
**Impact**
The revised policy reduces the debarment period for seafarers/candidates who submitted false documents for CDC applications, offering them an opportunity to reapply sooner.
**Action Required**
Seafarers who have completed 3 years of debarment, as of the date of the circular, can apply for a CDC.
**Stakeholder: Shipping Masters**
**Impact**
Shipping Masters are responsible for implementing the revised debarment policy and ensuring that procedural requirements are followed before suspending CDCs.
**Action Required**
Follow the due process of law & principles of natural justice and pass a speaking order to that effect, before taking action under Para 6.2.
**Stakeholder: Maritime Training Institutes**
**Impact**
Maritime Training Institutes are responsible for ensuring the authenticity/genuineness of the certificates submitted by the candidates for obtaining CDCs
**Action Required**
No action mentioned.
Key Entities Referenced
Continuous Discharge Certificates (CDCs): Certificates issued to Indian seafarers.
Merchant Shipping (Continuous Discharge Certificate) Rules, 2017: Rules governing the issuance of CDCs.
Directorate General of Shipping: Issuer of the circular and responsible for reviewing the policy of debarment of CDCs.
Mumbai: Location of Directorate General of Shipping.
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F.No. Dated: 12.11.2020.
D G Shippinq Circuhr No, 34 of 2020
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Whereas the Continuous Discharge Certificates (CDCs) are issued to lndian
seafarers by the Government Shipping Offices of Shipping Masters at Mumbai, Chennai
and Kolkata. The issuance of CDCs is governed by the Merchant Shipping [Continuous
Discharge Certificate) Rules, 2017.
2.
And whereas the Ministry of Shipping, Govt. of lndia had, vide its letter No.B-
11015145195-MT dated 07.02.97, issued guidelines for "Recognition of training lnstitutes
in private sector and selection of candidates for pre-sea training
in
GovernmenUapproved trained institutes". Para 5 of the said guidelines reads, it is
contextually as "responsibility of training institutes to ensure
the
authenticity/genuineness of the ceftificates submitted by the candidates for obtaining
CDCs, in case the certificates are found to be fake, the candidates sha// be debarred for
life from taking up a career at sea in Merchant Navy". Pursuant thereto, the Directorate
General of Shipping, Govt. of lndia had vide its letter No.16(27)/CR/98 dated
24.06.1999, conveyed the said directions to the Shipping Masters. Following the same,
candidates who were found to have submitted false/fake/forged documents for obtaining
CDCs were debarred for life from applying for CDCs. At that time around 700
candidates have been debarred for life, accordingly.
3.
And whereas, the Directorate received various requests/representations from
applicants so affected for taking a sympathetic view in the matter and to review the said
policy of debarment for life.
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4.
And whereas the Director General of Shipping, Govt. of lndia reviewed it said policy,
holistically and in perspective, in the light of other operating laws of the country, best
international practices [in this regard] and parity with respect to other certificates issued
by it, such as Certificates of Competencies and Certificate of Proficiency. On
considering the foregoing, this office has decided to relax the punishment period from
'for life time' to ' for a period up to 5 years' and accordingly Crew Branch Circular No.
01 of 2016 dated 07.03.2016 was issued
.
5.
And whereas the Merchant Shipping (Continuous Discharge Certificate) Rules,
.
2017 was also notified simplifying the eligibility conditions for obtaining CDC However,
this office received various requests/representations from applicants affected by the
debarment policy stating that they are not able to apply for CDC as they have been
debarred for 5 years.
6. Now, therefore, considering the matter sympathetically, since it is a matter of
livelihood of seafarers related to their employment, the Directorate has reviewed the
matter holistically and in perspective and decided to reduce the debarment period as
indicated herein-below.
.
lf a candidate is found to have furnished fake/false/forged document(s), along
6.'1
with his application for a CDC, then he would be debarred from applying for a CDC for a
period up to 3 years there from.
6.2
lf any candidate who has already been issued a CDC and subsequently it is
found that he had submitted false/fake/forged document(s) for obtaining a CDC then
such a CDC shall be suspended for a period of three years.
6.3
However, before taking action under Para 6.2, the Shipping Master concerned
would follow the due process of law & principles of natural justice and pass a speaking
order to that effect.
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7.
This Circular would take effect from the date of its issue. Candidates who have
completed 3 years of such debarment, as on that date may apply for a CDC and would
be issued a CDC, if found eligible.
8.
This issues with the approval of the Director General of Shipping & Additional
Secretary to the Govt. of lndia.
Art
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(Subhash Barguzer)
Deputy Director General of Shipping (Crew)
Encl. Annexure-l
Copy to:
('t) All Principal Officers of MMDs
(2) All Ssurveyors-in-charge of MMDs.
(3) All Shipping Masters, Govt. Shipping Offices.
(4) All DGS, Gol approved maritime training institutes.
(5) DGS website for hosting this circular therein.
(6) Assistant Director (OL) for Hindi version
Copy also forwarded for an information to the:
1.
Secretary to the Govt. of lndia, Ministry of Shipping, Transport Bhawan, 1,
Parliament Street, New Delhi -1 10 001.
2.
Sr. PS to the DGS, Addl. DGS, NA, CS and all Branch of this office
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