The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 61 Training and qualifications.
(1) The Central Government may, by order, direct that the seafarers generally or any category of seafarers in particular shall not be engaged or carried to sea to work in any capacity in any vessel or in any class of vessels specified in the said order, unless each one of them possesses such qualifications as may be specified by the Director-General, in accordance with the Safety Convention and Standards of Training, Certification and Watchkeeping for Seafarers Convention.
(2) The ship owner shall ensure that the seafarers shall not work on the vessel unless they are trained or certified as competent or otherwise qualified to perform their duties and have successfully completed training for personal safety onboard vessel.
(3) The training and certification under sub-section (2), shall be in accordance with the mandatory instruments adopted by the International Maritime Organisation.
(2) The ship owner shall ensure that the seafarers shall not work on the vessel unless they are trained or certified as competent or otherwise qualified to perform their duties and have successfully completed training for personal safety onboard vessel.
(3) The training and certification under sub-section (2), shall be in accordance with the mandatory instruments adopted by the International Maritime Organisation.
Section 62 Recruitment and placement of seafarers.
(1) The seafarer shall be engaged only by,---
(a) the recruitment and placement service agency possessing the licence granted under this Part; or
(b) the owners in the case of Indian vessel for the vessel owned by them.
(2) No person,---
(a) other than an owner of Indian vessel in respect of the vessel owned by him, shall carry on the business of recruitment and placement service, unless he is in possession of a valid licence granted under this Part;
(b) shall engage any seafarer under this Act in any vessel unless the seafarer is in possession of a continuous discharge certificate and seafarers identity documents issued under this Part except as otherwise exempted;
(c) shall demand or receive, either directly or indirectly from any seafarer or person seeking onboard training or employment as seafarer or any person on his behalf, any remuneration or fees or other charges for seafarer recruitment or placement or for providing onboard training or employment to seafarer or person seeking onboard training or employment as seafarer: Provided that the cost of obtaining a medical certificate, the continuous discharge certificate or identity document and a passport or other similar personal travel documents by the seafarer may be borne by the seafarer or any person on his behalf but not including the cost of visas, which shall be borne by the ship owner;
(d) shall discriminate between seafarers as regards their recruitment and engagement onboard any vessel,---
(i) on the ground of their membership or lack of membership in any particular union purporting to represent the interests of seafarers;
(ii) on the basis of training institute from where they obtained the training or the place of grant of their continuous discharge certificates.
(3) The Central Government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interest of seafarer, it is necessary so to do, may, by order in writing, prohibit the master or ship owner or his agent other than of an Indian vessel specified in the order, from engaging any person to serve as a seafarer on such vessel.
(4) The services of the seafarer engaged in contravention of sub-section (1) shall not be recognised for the purposes of certification under Part IV.
(5) The Director-General may suspend or withdraw the continuous discharge certificate or certificate of competency or the certificate of proficiency of a seafarer who seeks or obtains employment as a seafarer in violation of sub-section (1) and clause (a) of sub-section (2), with his own knowledge:
Provided that no order for suspension or withdrawal of any certificate shall be passed unless the seafarer has been given a reasonable opportunity of being heard.
(6) Every recruitment and placement service agency possessing the licence granted under this Part shall,---
(a) ensure that the ship owner has the financial ability to repatriate abandoned seafarers;
(b) ensure that the ship owner repatriates abandoned seafarers along with their maintenance and required medical assistance before such repatriation;
(c) in case of death, transport the mortal remains of a deceased seafarer;
(d) ensure that the labour conditions on the vessel where the seafarer is placed are in conformity with the seafarers employment agreement;
(e) ensure that any incident onboard the vessel causing injury, disappearance or death, is reported within twenty-four hours of receipt of such information to such authority, in such form and manner as may be prescribed;
(f) ensure that reports in relation to seafarers recruited or placed through the recruitment and placement service agency, including any change in the terms and conditions of the recruitment and placement, are submitted to such authority, in such form and manner within such time as may be prescribed;
(g) undertake such other responsibilities as may be prescribed.
(a) the recruitment and placement service agency possessing the licence granted under this Part; or
(b) the owners in the case of Indian vessel for the vessel owned by them.
(2) No person,---
(a) other than an owner of Indian vessel in respect of the vessel owned by him, shall carry on the business of recruitment and placement service, unless he is in possession of a valid licence granted under this Part;
(b) shall engage any seafarer under this Act in any vessel unless the seafarer is in possession of a continuous discharge certificate and seafarers identity documents issued under this Part except as otherwise exempted;
(c) shall demand or receive, either directly or indirectly from any seafarer or person seeking onboard training or employment as seafarer or any person on his behalf, any remuneration or fees or other charges for seafarer recruitment or placement or for providing onboard training or employment to seafarer or person seeking onboard training or employment as seafarer: Provided that the cost of obtaining a medical certificate, the continuous discharge certificate or identity document and a passport or other similar personal travel documents by the seafarer may be borne by the seafarer or any person on his behalf but not including the cost of visas, which shall be borne by the ship owner;
(d) shall discriminate between seafarers as regards their recruitment and engagement onboard any vessel,---
(i) on the ground of their membership or lack of membership in any particular union purporting to represent the interests of seafarers;
(ii) on the basis of training institute from where they obtained the training or the place of grant of their continuous discharge certificates.
(3) The Central Government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interest of seafarer, it is necessary so to do, may, by order in writing, prohibit the master or ship owner or his agent other than of an Indian vessel specified in the order, from engaging any person to serve as a seafarer on such vessel.
(4) The services of the seafarer engaged in contravention of sub-section (1) shall not be recognised for the purposes of certification under Part IV.
(5) The Director-General may suspend or withdraw the continuous discharge certificate or certificate of competency or the certificate of proficiency of a seafarer who seeks or obtains employment as a seafarer in violation of sub-section (1) and clause (a) of sub-section (2), with his own knowledge:
Provided that no order for suspension or withdrawal of any certificate shall be passed unless the seafarer has been given a reasonable opportunity of being heard.
(6) Every recruitment and placement service agency possessing the licence granted under this Part shall,---
(a) ensure that the ship owner has the financial ability to repatriate abandoned seafarers;
(b) ensure that the ship owner repatriates abandoned seafarers along with their maintenance and required medical assistance before such repatriation;
(c) in case of death, transport the mortal remains of a deceased seafarer;
(d) ensure that the labour conditions on the vessel where the seafarer is placed are in conformity with the seafarers employment agreement;
(e) ensure that any incident onboard the vessel causing injury, disappearance or death, is reported within twenty-four hours of receipt of such information to such authority, in such form and manner as may be prescribed;
(f) ensure that reports in relation to seafarers recruited or placed through the recruitment and placement service agency, including any change in the terms and conditions of the recruitment and placement, are submitted to such authority, in such form and manner within such time as may be prescribed;
(g) undertake such other responsibilities as may be prescribed.
Section 63 Agreement with seafarers.
(1) The master or owner of every Indian vessel or recruitment and placement service agency for Indian vessel or foreign vessel shall enter into seafarers employment agreement in such form and manner as may be prescribed with every seafarer whom he engages and shall submit a copy thereof to the shipping master.
(2) Notwithstanding anything contained in any other provisions of this Act, the master of an Indian vessel registered at a port outside India, or owner of such vessel or his agent who has an agreement with the seafarer made in due form according to the law of that port or of the port in which her seafarer is engaged, may engage in any port in India---
(a) a seafarer who is not a citizen of India and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the State in which the vessel is registered or, of the State in which the said agreement was made; or
(b) a seafarer who is a citizen of India and who holds a continuous discharge certificate granted under this Act,
and any seafarer so engaged under clause (a) or clause (b) may sign the agreement aforesaid.
(3) A seafarer shall, before signing a seafarers' employment agreement, be given an opportunity to examine and seek advice on the agreement to ensure that he has freely entered into an agreement with sufficient understanding of his rights and responsibilities.
(2) Notwithstanding anything contained in any other provisions of this Act, the master of an Indian vessel registered at a port outside India, or owner of such vessel or his agent who has an agreement with the seafarer made in due form according to the law of that port or of the port in which her seafarer is engaged, may engage in any port in India---
(a) a seafarer who is not a citizen of India and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the State in which the vessel is registered or, of the State in which the said agreement was made; or
(b) a seafarer who is a citizen of India and who holds a continuous discharge certificate granted under this Act,
and any seafarer so engaged under clause (a) or clause (b) may sign the agreement aforesaid.
(3) A seafarer shall, before signing a seafarers' employment agreement, be given an opportunity to examine and seek advice on the agreement to ensure that he has freely entered into an agreement with sufficient understanding of his rights and responsibilities.
Section 64 Wages.
(1) Every ship owner of an Indian vessel shall ensure that full payments due to seafarers are made to them at not later than monthly intervals and are given a monthly account of payments due and amounts paid, including wages and additional payments.
(2) If any amount in respect of wages payable to a seafarer under a seafarer employment agreement is not paid within the monthly interval, the seafarer shall be entitled to wages at the rate last payable under the seafarers' employment agreement for every day on which it remains unpaid until the full amount is paid, along with interest at such rate as may be prescribed but no interest shall be payable if the failure to make such monthly payment was due to---
(a) a reasonable mistake; or
(b) a reasonable dispute as to liability; or
(c) the act or default of the seafarer; or
(d) any other cause not being the wrongful act or default of the persons liable to make the payment or of their servants or agents.
(2) If any amount in respect of wages payable to a seafarer under a seafarer employment agreement is not paid within the monthly interval, the seafarer shall be entitled to wages at the rate last payable under the seafarers' employment agreement for every day on which it remains unpaid until the full amount is paid, along with interest at such rate as may be prescribed but no interest shall be payable if the failure to make such monthly payment was due to---
(a) a reasonable mistake; or
(b) a reasonable dispute as to liability; or
(c) the act or default of the seafarer; or
(d) any other cause not being the wrongful act or default of the persons liable to make the payment or of their servants or agents.
Section 65 Hours of rest.
Every ship owner shall ensure that every seafarer in his employment is given such hours of rest as may be prescribed.
Section 66 Entitlement to leave.
Every ship owner of an Indian vessel shall ensure that seafarers are allowed paid annual leave subject to such conditions as may be prescribed.
Section 67 Repatriation.
(1) Seafarers shall have the right to be repatriated at no cost to themselves in such circumstances and subject to such conditions as may be prescribed.
(2) Every ship owner of an Indian vessel shall provide such financial security to ensure that seafarers are duly repatriated in such manner as may be prescribed.
(3) When the service of a seafarer is terminated without the consent of the seafarer at a port outside India before the expiration of the period for which the seafarer was engaged, the master, ship owner or his agent shall, in addition to any other related obligation imposed on either of them by this Act, make adequate provision for the maintenance of the seafarer according to his rank or rating, and for the return of that seafarer to a proper return port.
(4) If the master, ship owner or his agent fails to repatriate seafarers, the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seafarer, be recoverable as wages due to him, and if defrayed by an Indian ambassador, shall constitute a debt due to the Central Government in accordance with the provisions of sub-section (3) or sub-section (4) of section 91.
(2) Every ship owner of an Indian vessel shall provide such financial security to ensure that seafarers are duly repatriated in such manner as may be prescribed.
(3) When the service of a seafarer is terminated without the consent of the seafarer at a port outside India before the expiration of the period for which the seafarer was engaged, the master, ship owner or his agent shall, in addition to any other related obligation imposed on either of them by this Act, make adequate provision for the maintenance of the seafarer according to his rank or rating, and for the return of that seafarer to a proper return port.
(4) If the master, ship owner or his agent fails to repatriate seafarers, the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seafarer, be recoverable as wages due to him, and if defrayed by an Indian ambassador, shall constitute a debt due to the Central Government in accordance with the provisions of sub-section (3) or sub-section (4) of section 91.
Section 68 Compensation for vessel’s loss or foundering.
In case of loss or foundering of any vessel, the ship owner shall pay to each seafarer onboard such indemnity against unemployment resulting from such loss or foundering, as may be prescribed.
Section 69 Manning levels.
Every vessel shall employ such number of seafarers, as may be prescribed, onboard to ensure that vessels are operated safely and efficiently with due regard to security under all conditions, taking into account concerns about seafarer’s fatigue and the particular nature and conditions of the voyage.
Section 70 Accommodation and recreational facilities.
Every ship owner shall provide and maintain such accommodations and recreational facilities for seafarers working or living onboard, or both, consistent with promoting the seafarer’s health and well-being, as may be prescribed.
Section 71 Food and catering.
(1) Every ship owner shall provide for food and drinking water having quality, nutritional value and quantity that adequately covers the requirements of the seafarers and takes into account the differing cultural and religious background.
(2) Seafarers onboard a vessel shall be provided with food and water free of charge during the period of engagement.
(3) The ship owner shall ensure that the seafarers who are engaged as cooks of the vessel are trained, qualified and found competent as specified by the Director-General.
(2) Seafarers onboard a vessel shall be provided with food and water free of charge during the period of engagement.
(3) The ship owner shall ensure that the seafarers who are engaged as cooks of the vessel are trained, qualified and found competent as specified by the Director-General.
Section 72 Medical care.
It shall be the duty of the ship owner to take such measures for providing protection of health and medical care, at no cost to seafarers employed onboard the vessel, as may be prescribed.
Section 73 Ship owners’ liability.
(1) The ship owner shall ensure that seafarers employed on the vessels are provided with a right to material assistance and support with respect to the financial consequences of sickness, injury or death occurring while serving under a seafarers’ employment agreement or arising from their employment under such agreement.
(2) Nothing contained in sub-section (1) shall affect any other legal remedy available to a seafarer under any other law for the time being in force.
(2) Nothing contained in sub-section (1) shall affect any other legal remedy available to a seafarer under any other law for the time being in force.
Section 74 Health and safety protection and accident prevention.
Every ship owner shall ensure that seafarers working onboard the vessel are provided with occupational health protection and they live, work and train onboard vessel in a safe and hygienic environment, in accordance with such guidelines as the Director-General may by order, specify.
Section 75 Social security.
All seafarers shall have access to such branches of social security protection as may be prescribed.
Section 76 Flag State responsibilities.
(1) The Central Government shall, for the purposes of giving effect to the provisions of Part A of the Code of the Maritime Labour Convention relating to flag State responsibilities, make rules for all or any of the following matters, namely:---
(a) establishing an effective system for inspection and certification of maritime labour conditions;
(b) authorise public institutions or other organisations competent to carry out inspections or grant certificates;
(c) effective and coordinated system of regular inspections, monitoring and other control measures;
(d) onboard complaint procedure for the fair, effective and expeditious hearing of seafarer’s complaint alleging breach of the Maritime Labour Convention; and
(e) compliance and enforcement.
(2) The Central Government shall, by order, specify such Indian vessels which shall carry and maintain Declaration of Maritime Labour Compliance.
(a) establishing an effective system for inspection and certification of maritime labour conditions;
(b) authorise public institutions or other organisations competent to carry out inspections or grant certificates;
(c) effective and coordinated system of regular inspections, monitoring and other control measures;
(d) onboard complaint procedure for the fair, effective and expeditious hearing of seafarer’s complaint alleging breach of the Maritime Labour Convention; and
(e) compliance and enforcement.
(2) The Central Government shall, by order, specify such Indian vessels which shall carry and maintain Declaration of Maritime Labour Compliance.
Section 77 Port State responsibilities.
(1) The Central Government shall, for the purposes of giving effect to the provisions of Part A of the Code of the Maritime Labour Convention relating to port State responsibilities, make rules for all or any of the following matters, namely:---
(a) establishing an on shore complaint redressal procedure;
(b) establishing a procedure for inspections in port;
(c) compliance and enforcement.
(2) The Director-General shall notify a system for inspection of vessels and the procedure for port State inspections, including---
(a) the requirement to develop, maintain and update an electronic inspection database, containing all information required for implementation of an effective and coordinated system of regular inspections; and
(b) specifying risk profile of all vessels calling at Indian ports in the inspection database.
(a) establishing an on shore complaint redressal procedure;
(b) establishing a procedure for inspections in port;
(c) compliance and enforcement.
(2) The Director-General shall notify a system for inspection of vessels and the procedure for port State inspections, including---
(a) the requirement to develop, maintain and update an electronic inspection database, containing all information required for implementation of an effective and coordinated system of regular inspections; and
(b) specifying risk profile of all vessels calling at Indian ports in the inspection database.
Section 78 Rules for enforcement of Maritime Labour Convention.
(1) The Central Government shall, for the purposes of giving effect to the provisions of Part A of the Code of the Maritime Labour Convention, make rules for all or any of the following matters, namely:---
(a) minimum age;
(b) medical certificate;
(c) training and qualifications;
(d) recruitment and placement;
(e) seafarers’ employment agreements;
(f) payment of wages;
(g) hours of work and hours of rest;
(h) entitlement to leave;
(i) repatriation;
(j) compensation in case of loss of vessel or foundering;
(k) manning levels;
(l) service conditions including skill development opportunities;
(m) accommodation, recreational facilities, food and catering;
(n) ship owners’ liability;
(o) health protection, medical facilities, welfare and social security protection;
(p) any other matter which is to be or may be required for compliance and enforcement of the Maritime Labour Convention.
(2) The Central Government may, for the purposes of giving effect to, Part B of the Code of the Maritime Labour Convention and any other provision of the Maritime Labour Convention which has not been given effect to in this Act, make rules for all or any of the matters specified in sub-section (1).
(a) minimum age;
(b) medical certificate;
(c) training and qualifications;
(d) recruitment and placement;
(e) seafarers’ employment agreements;
(f) payment of wages;
(g) hours of work and hours of rest;
(h) entitlement to leave;
(i) repatriation;
(j) compensation in case of loss of vessel or foundering;
(k) manning levels;
(l) service conditions including skill development opportunities;
(m) accommodation, recreational facilities, food and catering;
(n) ship owners’ liability;
(o) health protection, medical facilities, welfare and social security protection;
(p) any other matter which is to be or may be required for compliance and enforcement of the Maritime Labour Convention.
(2) The Central Government may, for the purposes of giving effect to, Part B of the Code of the Maritime Labour Convention and any other provision of the Maritime Labour Convention which has not been given effect to in this Act, make rules for all or any of the matters specified in sub-section (1).
Section 79 Payment of wages.
(1) Where the service of any seafarer engaged under this Act is terminated before the date specified in the agreement by reason of the wreck, loss or abandonment of the vessel or by reason of his being left on shore at any place outside India under a certificate granted under this Act of his unfitness or inability to proceed on the voyage, the seafarer shall be entitled to receive wages on such terms and conditions, including the periods during which such seafarer shall not be entitled to wages, as may be prescribed.
(2) Subject to such exceptions as may be prescribed, a seafarer shall not be disentitled to claim wages for any period during which he has not performed his duty, if he proves that he was incapable of doing so by reason of illness, hurt or injury.
(3) If a seafarer having signed an agreement is discharged otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master or ship owner or his agent, in addition to any wages which he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge, which may be recovered as wages.
(4) The compensation so payable under sub-section (3) shall not exceed---
(a) in the case of a seafarer who has been discharged before the commencement of a voyage, one month's wages; and
(b) in the case of a seafarer who has been discharged after the commencement of a voyage, three month's wages.
(2) Subject to such exceptions as may be prescribed, a seafarer shall not be disentitled to claim wages for any period during which he has not performed his duty, if he proves that he was incapable of doing so by reason of illness, hurt or injury.
(3) If a seafarer having signed an agreement is discharged otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master or ship owner or his agent, in addition to any wages which he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge, which may be recovered as wages.
(4) The compensation so payable under sub-section (3) shall not exceed---
(a) in the case of a seafarer who has been discharged before the commencement of a voyage, one month's wages; and
(b) in the case of a seafarer who has been discharged after the commencement of a voyage, three month's wages.
Section 80 Discharge of seafarers.
(1) A seafarer serving in an Indian vessel shall, on termination of his engagement, be discharged in such manner as may be prescribed.
(2) If an Indian vessel is transferred or disposed of while she is at sea or on a voyage to any port outside India, every seafarer belonging to that vessel shall be discharged at that port, unless he consents in writing to complete the voyage in the vessel, if continued.
(3) If a seafarer is discharged from an Indian vessel without his consent and before the expiration of the period for which the seafarer was engaged, he shall be duly repatriated in accordance with the provisions of section 67.
(4) Every seafarer discharged in terms of sub-section (2) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled had his service been wrongfully terminated by the ship owner before the expiration of the period for which the seafarer was engaged.
(5) The master of an Indian vessel shall not,---
(a) discharge a seafarer before the expiration of the period for which he was engaged, unless the seafarer consents to his discharge; or
(b) except in circumstances beyond his control, leave a seafarer behind, without the authority of the officer specified in this behalf by the Central Government and such officer shall certify on the agreement with seafarer that he has granted such authority, and also the reason for the seafarer being discharged or the seafarer being left behind:
Provided that such officer shall, before discharging or leaving behind such seafarer, investigate the grounds on which the seafarer is to be discharged or left behind and may in his discretion grant or refuse to grant such authority:
Provided further that he shall not refuse to grant his authority if he is satisfied that the seafarer, without reasonable cause,---
(a) has failed or refused to join his vessel or to proceed to sea therein; or
(b) has been absent from his vessel without leave, either at the commencement or during the progress of a voyage for a period of more than forty-eight hours.
(6) The officer referred to in clause (b) of sub-section (5) shall keep a record of all seafarers discharged or left behind with his authority and whenever any charge is made against a seafarer under section 98, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted.
(2) If an Indian vessel is transferred or disposed of while she is at sea or on a voyage to any port outside India, every seafarer belonging to that vessel shall be discharged at that port, unless he consents in writing to complete the voyage in the vessel, if continued.
(3) If a seafarer is discharged from an Indian vessel without his consent and before the expiration of the period for which the seafarer was engaged, he shall be duly repatriated in accordance with the provisions of section 67.
(4) Every seafarer discharged in terms of sub-section (2) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled had his service been wrongfully terminated by the ship owner before the expiration of the period for which the seafarer was engaged.
(5) The master of an Indian vessel shall not,---
(a) discharge a seafarer before the expiration of the period for which he was engaged, unless the seafarer consents to his discharge; or
(b) except in circumstances beyond his control, leave a seafarer behind, without the authority of the officer specified in this behalf by the Central Government and such officer shall certify on the agreement with seafarer that he has granted such authority, and also the reason for the seafarer being discharged or the seafarer being left behind:
Provided that such officer shall, before discharging or leaving behind such seafarer, investigate the grounds on which the seafarer is to be discharged or left behind and may in his discretion grant or refuse to grant such authority:
Provided further that he shall not refuse to grant his authority if he is satisfied that the seafarer, without reasonable cause,---
(a) has failed or refused to join his vessel or to proceed to sea therein; or
(b) has been absent from his vessel without leave, either at the commencement or during the progress of a voyage for a period of more than forty-eight hours.
(6) The officer referred to in clause (b) of sub-section (5) shall keep a record of all seafarers discharged or left behind with his authority and whenever any charge is made against a seafarer under section 98, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted.