The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 41 Liability of owners.
Where any person is beneficially interested otherwise than by way of mortgage, in any vessel or share in a vessel registered in the name of some other person as owner, the person so interested as well as the registered owner shall be subject to all the pecuniary penalties or fine imposed by this Act or any other law for the time being in force on the owners of vessel or shares therein, and proceedings for the enforcement of any such penalties or fine may be taken against both or either of the said parties jointly or severally
Section 42 Evidence of register book, certificate of registration and other documents.
(1) A person may on application to the Registrar and on payment of such fees as may be prescribed, inspect any register book, and may obtain a certified copy of any entry in the register book.
(2) A certified copy of an entry in a register book shall be admissible in evidence in any court and have the same effect to all intents as the original entry in the register book of which it is a copy.
(2) A certified copy of an entry in a register book shall be admissible in evidence in any court and have the same effect to all intents as the original entry in the register book of which it is a copy.
Section 43 Closure of registration.
(1) The owner of an Indian vessel may make an application to the Registrar in such form and manner as may be prescribed, to close its registration if there is no---
(a) unsatisfied mortgage entered in its register; or
(b) outstanding claims of the master or seafarer of the vessel in respect of wages which have been intimated.
(2) On receipt of the application under sub-section (1), the Registrar shall, if he is satisfied, by an order, close the registration of the vessel and make an entry thereof in the register and forward the copy of closure report to the Director-General.
Explanation.---For the purposes of this section, "owner" includes any transferee of, or any person entitled under a transmission to the property in, an Indian vessel.
(a) unsatisfied mortgage entered in its register; or
(b) outstanding claims of the master or seafarer of the vessel in respect of wages which have been intimated.
(2) On receipt of the application under sub-section (1), the Registrar shall, if he is satisfied, by an order, close the registration of the vessel and make an entry thereof in the register and forward the copy of closure report to the Director-General.
Explanation.---For the purposes of this section, "owner" includes any transferee of, or any person entitled under a transmission to the property in, an Indian vessel.
Section 44 Power to make rules.
(1) The Central Government may make rules to carry out the provisions of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the conditions for registration of an Indian vessel under sub-section (6) of section 15;
(b) the procedure for registration of an abandoned vessel under sub-section (8) of section 15;
(c) the manner and conditions for registration of a foreign vessel chartered on a bareboat chartercum-demise contract by an Indian charterer under section 16;
(d) the manner, duration and conditions for temporary registration of a vessel sought to be recycled under section 17;
(e) the procedure for issuance of provisional certificate of registration under sub-section (1) and the procedure, validity, and extension of such registration or cancellation under sub-section (2), of section 19;
(f) the procedure, period and fees for registration and renewal thereof, of an Indian vessel under sub-section (1) and sub-section (2) of section 20;
(g) the manner and procedure in accordance with which the Registrar may require evidence to be given for the purposes of inquiring into the title of an Indian vessel under sub-section (4) of section 20;
(h) the form and manner of grant of certificate of registration and manner of determination of gross and net tonnage under sub-section (5) of section 20;
(i) the manner of granting new certificate in lieu of original certificate of registration being defaced or mutilated under sub-section (6) of section 20;
(j) the compliance of procedure by the owner of registered vessel under sub-section (7) of section 20;
(k) the manner of description of the name, call sign and official number of Indian vessels under sub-section (8) of section 20;
(l) the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this Act under sub-section (9) of section 20;
(m) the procedure for registration and issuance of a fresh certificate under sub-section (10) of section 20;
(n) the special circumstances for grant of temporary pass and the form in which such pass shall be granted under section 21;
(o) the form and manner of instrument by which an Indian vessel or share therein shall be transferred under sub-section (4) of section 23;
(p) the procedure for registration of the instrument by which an Indian vessel or a share therein shall be transferred under sub-section (5) of section 23;
(q) the procedure for transmission of property in Indian vessel on death, insolvency, etc., under section 24;
(r) the manner in which a vessel ceasing to be an Indian vessel is ordered for sale under section 25;
(s) the form of mortgage and the procedure and manner in which the Registrar shall record the mortgage in the register book, under sub-section (1) of section 26;
(t) the documents required to be produced for the discharge of a registered mortgage of a vessel under sub-section (4) of section 26;
(u) the form of notice under sub-section (3) of section 27;
(v) the other liabilities of mortgagee under clause (d) of section 28;
(w) the manner for transfer of mortgage and the form of instrument effecting the transfer of mortgage, under sub-section (1) of section 30;
(x) the procedure and conditions for transmission of interest in mortgage under section 31;
(y) the manner in which the name of an Indian vessel may be changed under sub-section (3) of section 32;
(z) the fee for inspection of register book and a certified copy of any entry of the register book under sub-section (1) of section 42;
(za) the form and manner of application for closure of registration under sub-section (1) of section 43;
(zb) any other matter which is required to be or may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the conditions for registration of an Indian vessel under sub-section (6) of section 15;
(b) the procedure for registration of an abandoned vessel under sub-section (8) of section 15;
(c) the manner and conditions for registration of a foreign vessel chartered on a bareboat chartercum-demise contract by an Indian charterer under section 16;
(d) the manner, duration and conditions for temporary registration of a vessel sought to be recycled under section 17;
(e) the procedure for issuance of provisional certificate of registration under sub-section (1) and the procedure, validity, and extension of such registration or cancellation under sub-section (2), of section 19;
(f) the procedure, period and fees for registration and renewal thereof, of an Indian vessel under sub-section (1) and sub-section (2) of section 20;
(g) the manner and procedure in accordance with which the Registrar may require evidence to be given for the purposes of inquiring into the title of an Indian vessel under sub-section (4) of section 20;
(h) the form and manner of grant of certificate of registration and manner of determination of gross and net tonnage under sub-section (5) of section 20;
(i) the manner of granting new certificate in lieu of original certificate of registration being defaced or mutilated under sub-section (6) of section 20;
(j) the compliance of procedure by the owner of registered vessel under sub-section (7) of section 20;
(k) the manner of description of the name, call sign and official number of Indian vessels under sub-section (8) of section 20;
(l) the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this Act under sub-section (9) of section 20;
(m) the procedure for registration and issuance of a fresh certificate under sub-section (10) of section 20;
(n) the special circumstances for grant of temporary pass and the form in which such pass shall be granted under section 21;
(o) the form and manner of instrument by which an Indian vessel or share therein shall be transferred under sub-section (4) of section 23;
(p) the procedure for registration of the instrument by which an Indian vessel or a share therein shall be transferred under sub-section (5) of section 23;
(q) the procedure for transmission of property in Indian vessel on death, insolvency, etc., under section 24;
(r) the manner in which a vessel ceasing to be an Indian vessel is ordered for sale under section 25;
(s) the form of mortgage and the procedure and manner in which the Registrar shall record the mortgage in the register book, under sub-section (1) of section 26;
(t) the documents required to be produced for the discharge of a registered mortgage of a vessel under sub-section (4) of section 26;
(u) the form of notice under sub-section (3) of section 27;
(v) the other liabilities of mortgagee under clause (d) of section 28;
(w) the manner for transfer of mortgage and the form of instrument effecting the transfer of mortgage, under sub-section (1) of section 30;
(x) the procedure and conditions for transmission of interest in mortgage under section 31;
(y) the manner in which the name of an Indian vessel may be changed under sub-section (3) of section 32;
(z) the fee for inspection of register book and a certified copy of any entry of the register book under sub-section (1) of section 42;
(za) the form and manner of application for closure of registration under sub-section (1) of section 43;
(zb) any other matter which is required to be or may be prescribed.
Section 45 Certificates to be held by seafarers.
(1) Every Indian vessel shall have seafarers with manning scales, based on categories of vessel, areas and types of operations, as may be prescribed.
(2) The seafarer shall hold certificate of competency or certificate of proficiency granted under section 46 appropriate to his rank in the vessel, or of such higher grade, as may be prescribed:
Provided that an Indian national, including Overseas Citizen of India with such certificate or foreign certificate of competency recognised by the Director-General, may serve on Indian vessels subject to such conditions and restrictions as may be prescribed.
(2) The seafarer shall hold certificate of competency or certificate of proficiency granted under section 46 appropriate to his rank in the vessel, or of such higher grade, as may be prescribed:
Provided that an Indian national, including Overseas Citizen of India with such certificate or foreign certificate of competency recognised by the Director-General, may serve on Indian vessels subject to such conditions and restrictions as may be prescribed.
Section 46 Certificate of competency and certificate of proficiency.
(1) An officer notified by the Central Government as the issuing authority shall, subject to the provisions of the Standards of Training, Certification and Watchkeeping for Seafarers Convention, grant a certificate of competency or certificate of proficiency for different grades of seafarers with such requirements and procedures as may be prescribed.
(2) No certificate of competency or certificate of proficiency shall be granted under sub-section (1), unless the seafarer fulfils the requirements in respect of service, age limit, medical fitness, approved training courses including onboard training, qualifications and examination in accordance with the Standards of Training, Certification and Watchkeeping for Seafarers Convention.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the issuing authority notified under sub-section (1) may grant such other certificate of competency or certificate of proficiency with such requirements and procedures as may be prescribed.
(4) The form, fee, period of validity and the manner of keeping record of a certificate of competency or certificate of proficiency shall be such as may be prescribed.
(2) No certificate of competency or certificate of proficiency shall be granted under sub-section (1), unless the seafarer fulfils the requirements in respect of service, age limit, medical fitness, approved training courses including onboard training, qualifications and examination in accordance with the Standards of Training, Certification and Watchkeeping for Seafarers Convention.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the issuing authority notified under sub-section (1) may grant such other certificate of competency or certificate of proficiency with such requirements and procedures as may be prescribed.
(4) The form, fee, period of validity and the manner of keeping record of a certificate of competency or certificate of proficiency shall be such as may be prescribed.
Section 47 Training for grant of certificate of competency and certificate of proficiency.
(1) The Director-General shall administer, supervise and monitor all activities relating to maritime education, training and assessment and approve the training institutes, training courses including onboard training, as applicable and method of conduct of such training course for the grant of certificate of competency or certificate of proficiency under this Part.
(2) No certificate of competency or certificate of proficiency referred to in sub-section (1) shall be granted unless the training required for certification under the Standards of Training, Certification and Watchkeeping for Seafarers Convention is imparted in accordance with the provisions of this section.
(3) The Director-General may, for the purposes of this Part, authorise a surveyor or any person or body of persons to inspect any maritime training institute and the person so authorised in this behalf shall submit the report to the Director-General.
(4) The Director-General may, after receipt of the inspection report under sub-section (3), if he is satisfied that the maritime training institute has contravened any provisions of this Part, suspend or withdraw the approval granted to such maritime training institute after giving the institute an opportunity of being heard.
(5) The Central Government, on receipt of any information pertaining to any training institute operating without obtaining approval of the Director-General under sub-section (1), may undertake action against such institute in accordance with such procedure as may be prescribed.
(6) Every pilot or person performing the duties of a pilot at any port shall, from time to time, undergo such training and possess such certificates as the Director-General may by order, specify.
(2) No certificate of competency or certificate of proficiency referred to in sub-section (1) shall be granted unless the training required for certification under the Standards of Training, Certification and Watchkeeping for Seafarers Convention is imparted in accordance with the provisions of this section.
(3) The Director-General may, for the purposes of this Part, authorise a surveyor or any person or body of persons to inspect any maritime training institute and the person so authorised in this behalf shall submit the report to the Director-General.
(4) The Director-General may, after receipt of the inspection report under sub-section (3), if he is satisfied that the maritime training institute has contravened any provisions of this Part, suspend or withdraw the approval granted to such maritime training institute after giving the institute an opportunity of being heard.
(5) The Central Government, on receipt of any information pertaining to any training institute operating without obtaining approval of the Director-General under sub-section (1), may undertake action against such institute in accordance with such procedure as may be prescribed.
(6) Every pilot or person performing the duties of a pilot at any port shall, from time to time, undergo such training and possess such certificates as the Director-General may by order, specify.
Section 48 Examination for grant of certificates.
(1) The Central Government shall appoint such persons having the qualifications in accordance with the Standards of Training, Certification and Watchkeeping for Seafarers Convention as examiners for the purposes of assessing and examining the competence of persons desirous of obtaining certificates of competency or proficiency under this Part.
(2) The nautical advisor shall be the Chief Examiner for the master and deck department personnel and the chief surveyor shall be the Chief examiner for engine department personnel:
Provided that in the absence of the nautical advisor and the chief surveyor, the Central Government may authorise any surveyor to act as the chief examiner.
(3) The manner of conducting examination for certificate of competency or certificate of proficiency, the fees to be charged and the payment to be made to the examiners appointed under sub-section (1), shall be such as may be prescribed.
(4) The issuing authority referred to in sub-section (1) of section 46 shall grant the certificate of competency or certificate of proficiency to every applicant duly reported by the examiners to have passed the examination and achieved the desired level of competence for that grade of certificate with satisfactory evidence of his sobriety, experience, ability and general good conduct onboard vessel.
(5) If the issuing authority is not satisfied with the report of the examiner, he may require re-examination of the applicant including inquiry into the applicant’s testimonials and character.
(6) If it appears to the issuing authority that a person holding a certificate of competency or certificate of proficiency has obtained it based on false or erroneous information, or is guilty of indiscipline or misconduct, incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution which may pose a threat to life or property or environment, he may, after due investigation, by order, withdraw, suspend or cancel such certificate:
Provided that no order shall be passed under this sub-section without giving the person holding the certificate a reasonable opportunity of being heard.
(7) The person whose certificate is withdrawn, suspended or cancelled by the issuing authority under sub-section (6) may appeal against such order, in accordance with such procedure as may be prescribed, before such officer as the Central Government may, by notification specify, as the appellate authority.
(8) Whenever a person holding a certificate granted under this Part proves to the satisfaction of the issuing authority that he has lost or is deprived of such certificate, the issuing authority shall, on payment of such fee as may be prescribed, grant a copy of the certificate and such copy shall have all the effects of the original certificate.
(2) The nautical advisor shall be the Chief Examiner for the master and deck department personnel and the chief surveyor shall be the Chief examiner for engine department personnel:
Provided that in the absence of the nautical advisor and the chief surveyor, the Central Government may authorise any surveyor to act as the chief examiner.
(3) The manner of conducting examination for certificate of competency or certificate of proficiency, the fees to be charged and the payment to be made to the examiners appointed under sub-section (1), shall be such as may be prescribed.
(4) The issuing authority referred to in sub-section (1) of section 46 shall grant the certificate of competency or certificate of proficiency to every applicant duly reported by the examiners to have passed the examination and achieved the desired level of competence for that grade of certificate with satisfactory evidence of his sobriety, experience, ability and general good conduct onboard vessel.
(5) If the issuing authority is not satisfied with the report of the examiner, he may require re-examination of the applicant including inquiry into the applicant’s testimonials and character.
(6) If it appears to the issuing authority that a person holding a certificate of competency or certificate of proficiency has obtained it based on false or erroneous information, or is guilty of indiscipline or misconduct, incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution which may pose a threat to life or property or environment, he may, after due investigation, by order, withdraw, suspend or cancel such certificate:
Provided that no order shall be passed under this sub-section without giving the person holding the certificate a reasonable opportunity of being heard.
(7) The person whose certificate is withdrawn, suspended or cancelled by the issuing authority under sub-section (6) may appeal against such order, in accordance with such procedure as may be prescribed, before such officer as the Central Government may, by notification specify, as the appellate authority.
(8) Whenever a person holding a certificate granted under this Part proves to the satisfaction of the issuing authority that he has lost or is deprived of such certificate, the issuing authority shall, on payment of such fee as may be prescribed, grant a copy of the certificate and such copy shall have all the effects of the original certificate.
Section 49 Production of certificate of competency.
(1) The master of every vessel shall on demand, produce to the proper officer the certificates of competency of the seafarers of the vessel along with a list containing the particulars of grades of certificates of the seafarers including the master.
(2) A surveyor may at any reasonable time, go onboard a vessel to which any of the provisions of this Part applies, for the purpose of ensuring that the seafarers holding certificates granted in accordance with the Standards of Training, Certification and Watchkeeping for Seafarers Convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watchkeeping duties in ports and at sea.
(2) A surveyor may at any reasonable time, go onboard a vessel to which any of the provisions of this Part applies, for the purpose of ensuring that the seafarers holding certificates granted in accordance with the Standards of Training, Certification and Watchkeeping for Seafarers Convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watchkeeping duties in ports and at sea.
Section 50 Recognition of certificates of competency granted in other States.
(1) Where in a State other than India, certificate of competency is granted under any law for the time being in force in that State which is similar to those referred to in this Act, then if the Central Government is satisfied that,---
(a) the conditions under which any certificate of competency is granted in that State are not lower than the standards required for the grant under this Act for corresponding certificates; and
(b) the certificate granted under this Act is accepted in that State in lieu of the corresponding certificate granted under the laws of that State,
the Central Government may, by notification, declare that any certificate of competency granted under the law in force in that State shall be recognised as equivalent to the corresponding certificate of competency granted under this Act.
(2) The certificate recognised under this section as equivalent may be issued with a certificate of endorsement as may be prescribed and a person holding such certificate of endorsement shall be considered as duly certificated under this Act.
(a) the conditions under which any certificate of competency is granted in that State are not lower than the standards required for the grant under this Act for corresponding certificates; and
(b) the certificate granted under this Act is accepted in that State in lieu of the corresponding certificate granted under the laws of that State,
the Central Government may, by notification, declare that any certificate of competency granted under the law in force in that State shall be recognised as equivalent to the corresponding certificate of competency granted under this Act.
(2) The certificate recognised under this section as equivalent may be issued with a certificate of endorsement as may be prescribed and a person holding such certificate of endorsement shall be considered as duly certificated under this Act.
Section 51 Foreign vessel not to sail without seafarers having certificate.
(1) Every master of a foreign vessel shall, before proceeding to sea from any port or place in India, ensure that the vessel has the requisite number of seafarers of appropriate grades in compliance with the Safety Convention and Standards of Training, Certification and Watchkeeping for Seafarers Convention.
(2) A surveyor or any person authorised in this behalf by the Central Government may, at any reasonable time, go onboard a vessel for the purpose of ensuring that the seafarers holding certificates granted in accordance with the Safety Convention and Standards of Training, Certification and Watchkeeping for Seafarers Convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watchkeeping duties in ports and at sea.
(3) If a surveyor or any person authorised under sub-section (2) reports any deficiency in a foreign vessel in relation to the requirements of the Safety Convention and Standards of Training, Certification and Watchkeeping for Seafarers Convention and the Central Government is satisfied that it is unsafe for such vessel to proceed to sea, that vessel may be detained by the proper officer till such requirements are fulfilled.
(2) A surveyor or any person authorised in this behalf by the Central Government may, at any reasonable time, go onboard a vessel for the purpose of ensuring that the seafarers holding certificates granted in accordance with the Safety Convention and Standards of Training, Certification and Watchkeeping for Seafarers Convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watchkeeping duties in ports and at sea.
(3) If a surveyor or any person authorised under sub-section (2) reports any deficiency in a foreign vessel in relation to the requirements of the Safety Convention and Standards of Training, Certification and Watchkeeping for Seafarers Convention and the Central Government is satisfied that it is unsafe for such vessel to proceed to sea, that vessel may be detained by the proper officer till such requirements are fulfilled.
Section 52 Obligations of certain certificate holders to serve on Indian vessels.
Every Indian citizen holding a certificate of competency or certificate of proficiency or certificate recognised under section 50, shall, at any time during which the security of India is threatened or during a proclamation of emergency issued under clause (1) of article 352 of the Constitution, be liable to serve on Indian vessel for such period and on such terms and conditions as the Central Government may, by general or special order, specify in this behalf.
Section 53 Power to make rules.
(1) The Central Government may make rules to carry out the provisions of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the manning scales of the seafarers based on different categories of vessel, areas and types of operations under sub-section (1) of section 45;
(b) the grade of a certificate and the conditions and restrictions subject to which seafarers may serve on Indian vessels under sub-section (2) of section 45;
(c) the requirements and procedure for grant of certificate of competency or certificate of proficiency to the different grades of seafarer under sub-section (1) of section 46;
(d) the requirement and procedure for grant of other certificates of competency or certificates of proficiency under sub-section (3) of section 46;
(e) the form of certificate, fees and the validity of such certificate and the manner in which the records of certificates are to be kept under sub-section (4) of section 46;
(f) the procedure in accordance with which the Central Government may undertake action against training institutes operating without approval of the Director-General under sub-section (5) of section 47;
(g) the manner of conducting examination for certificate of competency or certificate of proficiency, fee to be charged and payment to be made to the examiners under sub-section (3) of section 48;
(h) the procedure in accordance with which a person may appeal before the appellate authority against the order passed by the issuing authority under sub-section (7) of section 48;
(i) the fee for grant of certificate if lost or deprived, under sub-section (8) of section 48;
(j) the certificate of endorsement under sub-section (2) of section 50;
(k) any other matter which is required to be or may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the manning scales of the seafarers based on different categories of vessel, areas and types of operations under sub-section (1) of section 45;
(b) the grade of a certificate and the conditions and restrictions subject to which seafarers may serve on Indian vessels under sub-section (2) of section 45;
(c) the requirements and procedure for grant of certificate of competency or certificate of proficiency to the different grades of seafarer under sub-section (1) of section 46;
(d) the requirement and procedure for grant of other certificates of competency or certificates of proficiency under sub-section (3) of section 46;
(e) the form of certificate, fees and the validity of such certificate and the manner in which the records of certificates are to be kept under sub-section (4) of section 46;
(f) the procedure in accordance with which the Central Government may undertake action against training institutes operating without approval of the Director-General under sub-section (5) of section 47;
(g) the manner of conducting examination for certificate of competency or certificate of proficiency, fee to be charged and payment to be made to the examiners under sub-section (3) of section 48;
(h) the procedure in accordance with which a person may appeal before the appellate authority against the order passed by the issuing authority under sub-section (7) of section 48;
(i) the fee for grant of certificate if lost or deprived, under sub-section (8) of section 48;
(j) the certificate of endorsement under sub-section (2) of section 50;
(k) any other matter which is required to be or may be prescribed.
Section 54 Application of this Part.
Save as otherwise provided, this Part shall apply to,---
(a) every seafarer;
(b) recruitment and placement service; and
(c) ship owners.
(a) every seafarer;
(b) recruitment and placement service; and
(c) ship owners.
Section 55 Definitions.
In this Part, unless the context otherwise requires,---
(a) "Declaration of Maritime Labour Compliance" means a declaration issued by the Central Government or by any officer, authority or organisation authorised by the Central Government in this behalf, in respect of a vessel that it meets with the requirements and standards set out in the provisions of the Maritime Labour Convention;
(b) "recruitment and placement service" means any person, company, institution, agency or other organisation, in public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with the employers;
(c) "ship owner" means the owner of the ship or any organisation or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship owners in accordance with the Maritime Labour Convention, even if any other organisation or persons fulfil certain of the duties or responsibilities on behalf of the ship owner.
(a) "Declaration of Maritime Labour Compliance" means a declaration issued by the Central Government or by any officer, authority or organisation authorised by the Central Government in this behalf, in respect of a vessel that it meets with the requirements and standards set out in the provisions of the Maritime Labour Convention;
(b) "recruitment and placement service" means any person, company, institution, agency or other organisation, in public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with the employers;
(c) "ship owner" means the owner of the ship or any organisation or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship owners in accordance with the Maritime Labour Convention, even if any other organisation or persons fulfil certain of the duties or responsibilities on behalf of the ship owner.
Section 56 Classification of seafarers.
(1) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to any person employed or engaged as a seafarer.
(2) The Central Government shall make rules for the classification of seafarers into different categories, the minimum manning scale of seafarers of such categories, and the different scales for different classes of vessels.
(3) Seafarers shall be deemed to be key workers, for the purposes of facilitation of safe and unhindered movement for embarking or disembarking a vessel, shore leave, and when necessary, for shore-based medical treatment.
(2) The Central Government shall make rules for the classification of seafarers into different categories, the minimum manning scale of seafarers of such categories, and the different scales for different classes of vessels.
(3) Seafarers shall be deemed to be key workers, for the purposes of facilitation of safe and unhindered movement for embarking or disembarking a vessel, shore leave, and when necessary, for shore-based medical treatment.
Section 57 Application of maritime labour standards to seafarers and vessels.
(1) The provisions relating to maritime labour standards as contained in the Maritime Labour Convention, shall apply to all seafarers and vessels registered under this Act, but shall not apply to,---
(a) vessels which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply;
(b) vessels engaged in fishing activities;
(c) traditionally built vessels such as dhows and junks;
(d) vessels of war or naval auxiliaries.
(2) Every vessel registered under this Act and every vessel other than an Indian vessel while within the jurisdiction of India shall, subject to such conditions as may be prescribed, be in possession of a certificate granted in accordance with the provisions of the Maritime Labour Convention.
(3) No vessel shall proceed to sea unless it is in possession of the certificate referred to in sub-section (2).
(4) The ship owner and the recruitment and placement service provider shall jointly and severally be liable to discharge the responsibilities of the ship owner and such service provider shall be deemed to be the ship owner for the purposes of offences and penalties under sections 281 and 282.
(a) vessels which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply;
(b) vessels engaged in fishing activities;
(c) traditionally built vessels such as dhows and junks;
(d) vessels of war or naval auxiliaries.
(2) Every vessel registered under this Act and every vessel other than an Indian vessel while within the jurisdiction of India shall, subject to such conditions as may be prescribed, be in possession of a certificate granted in accordance with the provisions of the Maritime Labour Convention.
(3) No vessel shall proceed to sea unless it is in possession of the certificate referred to in sub-section (2).
(4) The ship owner and the recruitment and placement service provider shall jointly and severally be liable to discharge the responsibilities of the ship owner and such service provider shall be deemed to be the ship owner for the purposes of offences and penalties under sections 281 and 282.
Section 58 Duties of shipping master, director and seafarer’s welfare officer.
(1) It shall be the duty of the shipping master to---
(a) monitor and facilitate the engagement and discharge of seafarers in the manner provided under this Act;
(b) provide means for securing the presence onboard at the proper times of seafarers who are so engaged;
(c) grant such continuous discharge certificate and seafarer's identity documents in such form and manner as may be prescribed;
(d) hear and decide disputes between a master, ship owner or his agent and any of the seafarers;
(e) transmit the complaint of any dispute arising in the territorial waters of India, of a foreign seafarer with the master, ship owner or his agent in respect of a vessel registered in a State other than India, to the competent authority of the country of registration and a copy of such complaint shall be forwarded to the Director-General, International Labour Organisation Office.
(2) It shall be the duty of the director to---
(a) grant licence subject to such conditions as may be prescribed, regulate and control the recruitment and placement service and,---
(i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the ship owner;
(ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and
(iii) to maintain registers of seafarers in respect of the categories of seafarers;
(b) inspect and verify the books of account and financial documents of the recruitment and placement service provider and maritime training institute approved under this Act as and when directed by the Director-General;
(c) perform such duties of the shipping master as the Director-General may by order direct.
(3) It shall be the duty of the seafarer's welfare officer---
(a) in the case of any officer appointed at any port in India, to perform such functions in relation to welfare of seafarers as may be assigned to him by the Central Government;
(b) in the case of any officer appointed at any port outside India, to perform such functions in relation to welfare of seafarers and such functions of an Indian ambassador as may be assigned to him by the Central Government and such functions shall have the same effect as if they had been performed by an Indian ambassador for the purposes of this Part.
(4) The shipping master or the director or the seafarer's welfare officer shall also perform such other duties as the Central Government may, by general or special order, specify in this behalf.
(a) monitor and facilitate the engagement and discharge of seafarers in the manner provided under this Act;
(b) provide means for securing the presence onboard at the proper times of seafarers who are so engaged;
(c) grant such continuous discharge certificate and seafarer's identity documents in such form and manner as may be prescribed;
(d) hear and decide disputes between a master, ship owner or his agent and any of the seafarers;
(e) transmit the complaint of any dispute arising in the territorial waters of India, of a foreign seafarer with the master, ship owner or his agent in respect of a vessel registered in a State other than India, to the competent authority of the country of registration and a copy of such complaint shall be forwarded to the Director-General, International Labour Organisation Office.
(2) It shall be the duty of the director to---
(a) grant licence subject to such conditions as may be prescribed, regulate and control the recruitment and placement service and,---
(i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the ship owner;
(ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and
(iii) to maintain registers of seafarers in respect of the categories of seafarers;
(b) inspect and verify the books of account and financial documents of the recruitment and placement service provider and maritime training institute approved under this Act as and when directed by the Director-General;
(c) perform such duties of the shipping master as the Director-General may by order direct.
(3) It shall be the duty of the seafarer's welfare officer---
(a) in the case of any officer appointed at any port in India, to perform such functions in relation to welfare of seafarers as may be assigned to him by the Central Government;
(b) in the case of any officer appointed at any port outside India, to perform such functions in relation to welfare of seafarers and such functions of an Indian ambassador as may be assigned to him by the Central Government and such functions shall have the same effect as if they had been performed by an Indian ambassador for the purposes of this Part.
(4) The shipping master or the director or the seafarer's welfare officer shall also perform such other duties as the Central Government may, by general or special order, specify in this behalf.
Section 59 Minimum age for seafarers.
No person under the age of sixteen years shall be engaged, employed or work onboard any vessel.
Section 60 Medical certificate.
No person shall engage or carry to sea any seafarer to work in any capacity in any vessel, unless the seafarer is in possession of a certificate to the effect that he is medically fit to be employed in that capacity granted in such form and by such authority as may be prescribed.