**Executive Summary**
DGS Order No. 14 of 2022, issued on May 6, 2022, addresses violations of minimum safe manning requirements (MSMD). It clarifies rules regarding MSMDs, including the use of single or multiple MSMDs, and actions to be taken against vessels found in violation. The order specifies penalties for wilful violations, including detention and financial repercussions.
**Key Points / Main Content**
* **Safe Manning and MSMD Issuance:**
* Ships are issued a Minimum Safe Manning Document (MSMD) under regulations Ch V/14 (2) of the International Convention for the Safety of Life at Sea.
* Vessels must be manned according to the scale specified in their MSMD.
* **Multiple MSMDs:**
* Vessels may have single or multiple MSMDs, using the appropriate MSMD for the trade in which the vessel is deployed.
* When switching between trades with different MSMD requirements, the Master must log the MSMD in use in the Official Logbook.
* **Harbour MSMD:**
* Vessels waiting for employment or trading within port limits may change to a harbour MSMD while within those limits.
* Vessels entering or waiting within harbour limits during employment cannot change to a harbour MSMD.
* **Violation Consequences:**
* Operating without the requisite manning in violation of the MSMD affects safety, security, navigation, the environment, and the welfare of seafarers.
* **Penalties for Wilful MSMD Violations:**
* Indian flag vessels found willfully violating MSMD requirements in Indian waters will be detained for up to one month.
* Wages saved due to MSMD violation must be paid to the Central Government via the Bharat Kosh system.
* The amount to be paid is determined based on the highest BASIC WAGES as per the INSA-MUI and NMB agreements, with three times the basic wages for the period the vessel was short manned payable.
* A fee of INR 8,00,000/- is payable as per D. G. Shipping Circular No. 13 of 2010.
* The master/owner/operator/charterer may face prosecution.
* **MSMD Dispensation:**
* A vessel with dispensation from the Directorate General of Shipping regarding MSMD requirements is not considered in violation.
* **Implementation:**
* Paragraph 5 of the order will only be implemented based on the Principal Officer's decision of the jurisdictional Mercantile Marine Department.
* Parties aggrieved by the Principal Officer's decision may appeal to the Director General of Shipping.
**Impact Analysis**
**Ship Owners/Operators**
* **Impact:** Increased scrutiny and potential penalties for MSMD violations, financial implications due to detention, wage repayments, and fees.
* **Action Required:** Ensure strict adherence to MSMD requirements, implement procedures for accurate logging of MSMD usage, and prepare for potential inspections and penalties.
**Masters of Vessels**
* **Impact:** Responsibility for accurate MSMD application, logging, and potential prosecution for violations.
* **Action Required:** Familiarize themselves with the order, ensure proper manning levels, accurately log MSMD usage, and report any discrepancies.
**Seafarers**
* **Impact:** Improved safety and welfare due to proper manning levels, potential for reporting MSMD violations.
* **Action Required:** Be aware of the required manning levels for their vessel and report any concerns regarding understaffing.
**Mercantile Marine Department/Government Surveyors**
* **Impact:** Increased enforcement and inspection duties, responsibility for determining penalties and handling appeals.
* **Action Required:** Implement procedures for identifying and penalizing MSMD violations, and handle appeals from aggrieved parties.
Key Entities Referenced
Minimum Safe Manning Document (MSMD): Document specifying the minimum safe manning requirements for a vessel.
Directorate General of Shipping: The issuing authority and regulator for this order.
International Convention for the Safety of Life at Sea, 1974: International treaty governing maritime safety, referenced in defining MSMD requirements.
Mumbai: Location of the Directorate General of Shipping.
Bharat Kosh: Payment system used to deposit wages saved due to MSMD violation to the Central Government.
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DIRECTORATE GENERAL OF SHIPPING, MUMBAI
F. No. 25-10501 1/27|2021-NT-DGS Date: 06.05.2022
DGS OrderNo. 14 of 2022
Sub.: Violation qf minimum safe manning reguirement -reg.
1.
Safe manning is the number of qualified and experienced seafarers necessary for the
safety and security of the ship, crew, passengers, cargo and property and for the protection of
the marine environment. Accordingly, ships are issued with a Minimum Safe Manning
Document (MSMD) under the provisions of regulations Ch V/14 (2) of the International
Convention for the Safety of Life at Sea, 1974, as amended. A11 vessels are therefore required
to be manned as per the manning scale specified for eachships provided in the MDMD issued
to the vessel.
2.
Vessels may be issued with single MSMD or multiple MSMD. Vessels having
multiple MSMDs are required to use the applicable MSMD for the trade in which the vessel is
deployed. While switching between trades having different MSMD requirements, the master
of the vessel shall make a suitable entry in the Official Logbook of the vessel which will be
evidence of the MSMD in use.
3.
A vessel waiting for employment, or solely trading within the limits of the port or
adjacent ports within overlapping port limits, may change over to harbour MSMD while the
vessel is within the notified port limits. However, if a vessel during the course of its
employment enters or waits within harbour limits, it does not permit such vessel to change its
manning requirements to harbour MSMD.
4. It
has been observed that some vessels operate without the requisite manning in
violation of the MSMD issued to the vessels. It needs to be noted that a ship which is not
manned as per the applicable MSMD issued to the vessel adversely affects the safety,
security, safe navigation, operations at sea/port, prevention of human injury or loss of life,
the avoidance of damage to the marine environment and to property, and the welfare and
health of seafarers through the avoidance of fatigue.
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As a deterrence towards WILFUL violation of MSMD requirements, the following
provisions shall apply to a vessel violating the provisions applicable in respect of MSMD
for the vessel:
5.1
Any Indian flag vessel found willfully violating the MSMD requirements in Indian
waters shall be DETAINED for the period of up to one month.
5.2
Any violation of statutory requirement should not result in the company benefiting
from the violation. Accordingly, the wages saved during the period of violation of MSMD
requirement shall be paid to the Central Govemment, through Bharat Kosh payment system.
5.3
As the gross wages includes basic wages and various.allowances which could be
variable, the amount to be paid to the Government shall be determined on the basis of the
highest BASIC WAGES specified as per the latest INSA-MUI agreement in respect of
officers and NMB agreement in respect of crew members in the particular grade
which was short manned. Accordingly, three times the highest BASIC WAGES for the
period vessel was short manned shall be paid to Central Government through Bharatkosh
payment system.
5.4
Furthermore, the vessel will need to pay the fee of INR 8,00,000/- as per principles
provided at section 25 of the Annexure to D. G. Shipping Circular No. 13 of 2010
pertaining to Fees for miscellaneous survey and inspections carried out by Government
Surveyors as operation of such ships in violation of MSMD requirements make the ship
unseaworthy.
5.5
The master/owner/operator/charterer may also be prosecuted under the relevant
provisions of statute.
6. A vessel granted dispensation with respect to MSMD requirements by the
Directorate General of Shipping shall NOT be considered as violation of MSMD requirements.
7.
The provisions of para. 5 of this order shall only be implemented on the decision of
the Principal Officer of the jurisdictional Mercantile Marine Department. A party aggrieved
by the decision of the Principal Officer may appeal against the same to the Director General
of Shipping.
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Director General of Shipping