Publishing Maritime Labour Rules 2026 under Merchant Shipping Act 2025

Publishing Maritime Labour Rules 2026 under Merchant Shipping Act 2025

 

The Gazette of India

CG-DL-E-05082026-275217

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 633] NEW DELHI, FRIDAY, JULY 31, 2026/SHRAVAN 9, 1948

MINISTRY OF PORTS, SHIPPING AND WATERWAYS

NOTIFICATION

New Delhi, the 30th July, 2026

G.S.R. 695(E).—In exercise of the powers conferred by sub-section (3) of section 5, section 78, sub-section

(1) and clauses (d), (f), (g), (h), (i), (j), (m) (n) and (x) of sub-section (2) of section 113 and clauses (f), (l) and (m) of sub-section (2) of section 319 of the Merchant Shipping Act, 2025 (24 of 2025), and in supersession of the Merchant Shipping (Maritime Labour) Rules, 2016, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: –

1. Short title and commencement. — (1) These rules may be called the Merchant Shipping (Maritime Labour) Rules, 2026.

(2) They shall come into force on the date of their publication in the Official Gazette.

 

2. — Unless otherwise specified under these rules, they shall apply to all seafarers and ships registered under the Act, but do not apply to–
   • ships 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;
   • ships engaged in fishing activities;
   • traditionally built ships such as dhows and junks;
   • ships of war or naval auxiliaries; and
   • any other ships that the Director-General may, from time to time, decide to consider as equivalent, in accordance with the convention, for these rules after consultation with the association of ship owners and union of seafarers concerned.

 

3. — (1) In these rules, unless the context otherwise requires, –
   • “Act” means the Merchant Shipping Act, 2025 (24 of 2025);
   • “armed robbery against ships” means any illegal act of violence or detention or any act of depredation or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property onboard such a ship, within a country’s internal waters, archipelagic waters and territorial waters, or any act of inciting or of intentionally facilitating such acts;
   • “collective bargaining agreement” means an agreement signed, from time to time, between the union of seafarers and the association of ship owners containing the terms and conditions of employment as per the convention for seafarers onboard Indian flag ships;
   • “competent authority” means in relation to–

 

• India, the Director-General; and
• any State other than India, such authority or agency responsible under the law applicable to that State for maritime administration;

 

• “contractual claim” means any claim that relates to —
  • the death of a seafarer arising from any cause while such seafarer is serving under a seafarers’ employment agreement; or
  • in the event of long-term disability due to an occupational injury, illness, or hazard,

as provided for under the seafarers’ employment agreement or the applicable collective bargaining agreement, as the case may be;

• “convention” means the Maritime Labour Convention signed in Geneva on the 23^rd day of February, 2006, as amended;
• “Form” means the Form annexed to these rules;
• “hours of work” means time during which seafarers are required to do work on account of the ship;
• “hours of rest” means time outside the hours of work but does not include short breaks or meal breaks up to one hour during the hours of work;
• “night” means a period of at least nine hours starting from 2100 hours and ending at 0600 hours of the time zone at the location of the ship;

 

• “piracy” means piracy as defined under clause (h) of sub-section (1) of section 2 of the Maritime Anti-Piracy Act, 2022 (3 of 2023);
• “recognised organisations” means a classification society or other body recognised by the Central Government for the purpose of performing statutory surveys, audits, inspections, approvals and certification functions on behalf of the Central Government;
• “seafarers’ employment agreement” means the agreement as referred to in section 63 of the Act;
• “violence and harassment”, at work, refers to a range of unacceptable behaviours and practices or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.

Explanation. – For the purposes of this clause, “gender-based violence and harassment” means violence and harassment directed at persons because of their sex or gender, or affecting persons of a particular sex or gender disproportionately and includes sexual harassment.

 

(2) Words and expressions used in these rules and not defined but defined in the Act shall have the same meaning as assigned to them in the Act.

 

4. Minimum — (1) No person below the age of sixteen years shall be employed or engaged to work on a ship.

(2) (a) No person below the age of eighteen years shall be engaged to work at night, or work which is likely to jeopardise their health or safety.

(b) The Director-General, after consultation with the union of seafarers and the association of ship owners concerned and in accordance with relevant international standards, shall specify the types of work to which such person shall be engaged.

 

5. Medical certificate. — The form and authority for the grant of medical certificate shall be in accordance with applicable rules made under the Act.

 

6. Training and — The training and qualification of seafarers shall be in accordance with section 61 of the Act.

 

7. Recruitment and placement. — (1) The recruitment and placement of seafarers shall be in accordance with section 62 of the Act read with rules made thereunder.

(2) Every ship owner of an Indian ship who engages any seafarer shall, subject to such conditions as the Director-General may specify, establish a system of protection, by way of insurance or an equivalent appropriate measure to compensate seafarers for monetary loss that they may incur as a result of the failure of the ship owner to meet its obligations to them under the seafarers’ employment agreement.

 

8. Seafarers’ employment — (1) Every Indian flag ship shall comply with the following requirements regarding seafarers’ employment agreement, namely: —

 

• the seafarers working on Indian flag ships shall have a seafarers’ employment agreement signed between the seafarer and the master or ship owner or licensed recruitment and placement service or where they are not employees, evidence of contractual or similar arrangements providing them with decent working and living conditions onboard the ship as required by the Act and the rules made thereunder;
• the seafarers shall be given an opportunity to examine and seek advice on the agreement before signing and such other facilities as are necessary to ensure that they have freely entered into an agreement with a sufficient understanding of their rights and responsibilities;
• the ship owner and seafarer concerned shall each have a signed original of the seafarers’ employment agreement;
• the ship owner shall ensure that the seafarers’ employment agreement––
  • is accessible to the Director-General or any other authority including port state authorities in ports to be visited;
  • contains clear information as to the conditions of the employment;
  • is easily obtainable onboard by seafarers, including the master of the ship; and

 

• at the end of, or termination of, agreement, every seafarer’s continuous discharge certificate shall be endorsed with the record of employment onboard the ship.

 

• The seafarers’ employment agreement shall incorporate any applicable collective bargaining agreements, a copy of which shall be available onboard.

 

• The seafarers’ employment agreement and any applicable collective bargaining agreement shall be in
• Where a collective bargaining agreement, in full or in part, forms part of a seafarers’ employment agreement, a copy of that agreement shall be made available onboard.

 

• The ship owner or its licenced recruitment and placement service shall submit the seafarers’ employment agreement to the shipping master electronically.
• The seafarers’ employment agreements shall, in all cases, contain the particulars specified in Form-

 

• The minimum period of notice to be given by the seafarers and ship owners for the early termination of a seafarers’ employment agreement shall be in accordance with the collective bargaining agreement or seafarers’ employment agreement, but in any case, shall not be shorter than seven days.
• A period of notice shorter than the minimum period as specified in sub-rule (7) may be given in circumstances which are recognised under the applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice and in determining these circumstances, it shall be ensured by the ship owner that the need for the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account.
• The seafarer’s entitlement for compensation from the ship owner in case of injury, loss or unemployment arising from loss of the ship or foundering shall be specified in the collective bargaining agreement or the seafarers’ employment agreement.

 

• A seafarers’ employment agreement shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, regardless of whether the date fixed for its expiry has passed or either party has given notice to suspend or terminate it.
• The seafarers’ employment agreement shall continue to have effect for the period of detention or arrest of the ship until the disembarkation of the seafarer in case the seafarer has continued to render services onboard such ship notwithstanding the termination or expiry of the seafarers’ employment agreement.

 

9. — (1) The ship owner shall make payments due to seafarers working onboard their ships at not later than monthly intervals.

 

• Where any applicable collective bargaining agreement mentions a lesser period, the same shall be
• Where wages are not paid within the monthly interval specified under sub-rule (1) or within the shorter interval specified under sub-rule (2), the ship owner shall be liable to pay simple interest at the rate of six per cent per annum on the wages due, calculated for each day of delay, from the date on which the wages become due until the date of actual payment.

 

• The ship owner shall ensure that seafarers are given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in foreign
• The ship owner shall take measures, such as those set out in sub-rule (6), to provide seafarers with a means to transmit all or part of their earnings to their families or dependents or legal beneficiaries.

 

• The measures to ensure that seafarers are able to transmit their earnings to their families include the following, namely: —

 

• a system for enabling seafarers, at the time of their entering employment or during it, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means; and

 

• a requirement that allotments shall be remitted in due time and directly to the person or persons nominated by the seafarers.

 

• Any charge for the service under sub-rule (5) and clauses (a) and (b) of sub-rule (6) shall be reasonable in amount, and unless otherwise provided the rate of currency exchange shall be at the prevailing market rate or the official rate specified by the Reserve Bank of India and not be unfavourable to the seafarer.

 

• In the absence of any applicable collective bargaining agreement, the wages payable as per the seafarers’ employment agreement shall be not less than–
  • the highest amount agreed upon in any collective bargaining agreement in foreign-going or coasting trade, or the relevant sector in India, as the case may be; or
  • the amount periodically set by the Joint Maritime Commission or another body authorised by the governing body of the International Labour Office.
• Where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships or is detained or imprisoned, wages and other entitlements, including repatriation, under the seafarers’ employment agreement or relevant collective bargaining agreement or under these rules, as applicable, including the remittance of any allotments as specified in sub-rule (6), shall continue to be paid and ensured by the ship owner during the entire period of captivity and until the seafarer is released and duly repatriated in accordance with rule 12 or, where the seafarer dies while in captivity, until the date of death.

 

10. Hours of work and rest. — (1) The normal working hours standard for seafarers shall not exceed an eight-hour day with one-day rest per week and rest on public holidays as per collective bargaining agreement or seafarers’ employment agreement.

 

• The ship owner shall adopt minimum hours of the rest which shall be not less than –

 

• ten hours in any twenty-four-hour period; and
• seventy-seven hours in total for a period of seven days in different

 

• The minimum hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length and the interval between consecutive periods of rest shall not exceed fourteen hours.

 

• Musters, fire-fighting and lifeboat drills, and drills specified under the provisions of the Act and the rules made thereunder and the international instruments shall be conducted in a manner that minimises the disturbance of rest period and does not induce fatigue.

 

• When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period where the normal period of rest is disturbed by call-outs to work.

 

• Where no collective bargaining agreement or arbitration award exists or in case the Director-General determines that the provisions in the agreement or award in respect of sub-rule (4) or sub-rule (5) are inadequate, the Director-General shall ensure that the seafarers concerned have sufficient rest.

 

• The ship owner shall ensure the posting, in an easily accessible place, of a table with the shipboard working arrangements, which shall contain for every position at least–

 

• the schedule of service at sea and service in port; and
• the minimum hours of rest as agreed upon within the framework of the applicable collective bargaining

 

• The table referred to in sub-rule (7) shall be established in a standardised format as specified by the Director-General in English.

 

• The ship owner shall maintain records of seafarers’ daily hours of rest to allow monitoring of compliance with the provisions of sub-rules (2) to (8).

 

• The rest hour records shall be in a standardised format specified by the Director-General taking into account any available guidelines of the International Labour Organisation or shall be in any standard format prepared by the said organisation in English.

 

• The seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the master or a person authorised by the master, and by the seafarers.

 

• Nothing contained in this rule shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons onboard or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea.

 

• In the circumstances mentioned in sub-rule (12), the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored.

 

• As soon as practicable after the normal situation referred to in sub-rule (13) has been restored, the master shall ensure that any seafarers who have performed work under sub-rule (12) during a scheduled rest period are provided with an adequate period of rest.

 

• Nothing in sub-rules (2) and (3) shall prevent the Director-General from authorising or registering collective bargaining agreements permitting exceptions to the limits set out, and such exceptions shall, as far as possible, follow the provisions of these rules but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages.

 

• For young seafarers under the age of eighteen years, –

 

• working hours shall not exceed eight hours per day and forty hours per week;
• no overtime shall be allowed unless unavoidable for safety reasons;
• break of at least one hour for the main meal of the day shall be assured; and
• a fifteen-minute rest period as soon as possible following each two hours of continuous work shall be allowed:

 

Provided that this sub-rule shall not apply in the case of such young seafarers, –

• who are engaged in the deck, engine room and catering departments assigned to watch-keeping duties or working on a rostered shift-work system; or
• whose effective training in accordance with established programmes and schedules would be
• The exceptions referred to in the proviso to sub-rule (16) shall be recorded with reasons and signed by the

 

11. Entitlement to leave. — (1) The ship owner shall establish and maintain operational parameters and practices to ensure that seafarers are provided with adequate leave.

• The seafarers employed on ships shall be entitled to paid annual leave of not less than two and a half calendar days per month of employment, or pro rata, in accordance with the convention and such leave shall not include justified absences from work, including sickness, injury, maternity or other authorised leave.
• No seafarer shall waive, forgo or relinquish the minimum annual leave with pay specified under sub-rule (1).

 

• Any agreement to forgo the minimum annual leave with pay shall be prohibited unless otherwise permitted by the Director-General on a case-to-case basis with reasons to be recorded in writing:

 

Provided that no such permission shall be granted where the agreement is based solely on commercial convenience.

 

• The division of annual leave into parts, or the accumulation of annual leave due in respect of one year together with a subsequent period of leave, shall be permitted only by mutual agreement between the ship owner and the seafarer concerned and shall not operate to deprive the seafarer of the minimum annual leave entitlement.

 

• The seafarers shall be allowed shore leave by the public authorities concerned while the ship on which they arrive is in a port within India:

Provided that the relevant formalities have been fulfilled and the public authorities have no reason to refuse permission for reasons of public health, public safety and security, or public order.

• Shore leave shall be granted without discrimination on any grounds, irrespective of the flag State of the ship on which the seafarer is employed, engaged or works.

 

• No seafarer shall be required to hold a visa or special permit solely for the purpose of shore

 

• Where permission for shore leave is refused, the public authority concerned shall communicate the reasons for such refusal to the seafarer concerned and the master, and shall provide such reasons in writing, if so requested.

 

• Ship owners shall allow seafarers serving on ships that fly the Indian flag to take shore leave, when off duty and upon the ship’s arrival in port, to benefit their health and well-being, except where leaving the ship is prohibited or restricted by the port State authorities, or where leaving the ship is prohibited or restricted due to safety or operational

 

• Shore leave granted in accordance with the provisions of the Convention on Facilitation of International Maritime Traffic (FAL Convention) shall be deemed to satisfy the requirements of sub-rules (6) to (10).

 

12. — (1) The ship owner shall ensure that the seafarers on their ships are repatriated in the following circumstances without any cost to the seafarers, namely: —

 

• where the seafarers’ employment agreement expires;
• when the seafarers’ employment agreement is terminated, –
  • by the ship owner; or
  • by the seafarer, for justified reasons, as per collective bargaining agreement or seafarers’ employment agreement;
• when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances, as per collective bargaining agreement or seafarers’ employment agreement;
• on compassionate grounds as per collective bargaining agreement or seafarers’ employment agreement;
• in case of abandoned

 

• The costs to be borne by the ship owner for repatriation under sub-rule (1) shall include the following, namely: —
  • passage to the destination selected for repatriation;
  • accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination;
  • transportation of up to 30 kg of the seafarer’s personal luggage to the repatriation

destination; and

• medical treatment, when necessary, until the seafarers are medically fit to travel to the repatriation destination.

• The ship owner shall ensure that there are appropriate provisions in the seafarer’s employment agreement or collective bargaining agreements, as the case may be, specifying therein –

(a) the circumstances in which seafarers are entitled to repatriation in accordance with the provisions of clauses (b) and (c) of sub-rule (1);

 

• the maximum duration of service periods on board following which a seafarer is entitled to repatriation is eleven months; and
• the precise entitlements to be accorded by ship owners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by ship owners.
• The ship owner shall not make any agreement requiring seafarers to make an advance payment towards the cost of repatriation or to recover the cost of repatriation from the wages of seafarers or other entitlements at the beginning of their employment, except where the seafarer has been found, as per the applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations.
• Nothing contained in this rule shall prejudice any right of the ship owner to recover the cost of repatriation under third-party contractual arrangements.
• Each ship owner shall make available to seafarers onboard, a copy of the applicable provisions regarding repatriation in English.

 

• In case a ship owner of an Indian ship fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated, then –
  • the financial security provider shall arrange for the repatriation of the seafarer concerned;
  • where the financial security provider fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated, the Director-General shall arrange for repatriation of the seafarers concerned or the country from which the seafarers are to be repatriated or the country of which they are a national may arrange for their repatriation and recover the cost from the member whose flag the ship flies;
  • costs incurred by Director-General in repatriating seafarers shall be recoverable from the ship owner; and
  • the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in sub- rule (4).
• In case a ship owner of a ship other than an Indian ship fails to make arrangements for or to meet the cost of repatriation of seafarers who have been abandoned in any port or place in India including the coastal waters and are entitled to be repatriated, then –
  • the financial security provider shall arrange for the repatriation of the seafarer concerned;
  • the competent authority of the member whose flag the ship flies shall arrange for repatriation of the seafarers concerned and if it fails to do so, the Director-General or the State of which they are a national may arrange for their repatriation and recover the cost from the member whose flag the ship flies;
  • costs incurred in repatriating seafarers shall be recoverable from the ship owner by the competent authority of the member whose flag the ship flies;
  • the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided in sub-rule (4).
• Considering the applicable international instruments, including the International Convention on Arrest of Ships, 1999, the Director-General who has arranged the cost of repatriation pursuant to this rule may detain, or request the detention of, the ships of the ship owner concerned until the reimbursement has been made in accordance with sub-rule (7) or sub-rule (8), as the case may be.

 

• The Director-General shall facilitate the repatriation of seafarers serving on ships, which call at ports or pass through territorial waters or internal waters, and their replacement onboard.
• In particular, the right of repatriation to any seafarer shall not be refused due to financial circumstances of the ship owner or for the inability of the ship owner or unwillingness to replace a seafarer.

 

• Every ship owner shall ensure that a financial security system meeting the requirements of this rule is in place for their ships, which shall provide direct access, sufficient coverage and expedited financial assistance, in accordance with this rule, to any abandoned seafarer on its ship.

 

• Every ship to which these rules apply shall carry a certificate or other documentary evidence of financial security issued by the financial security provider who shall be a member club of the International Group of Protection and Indemnity Clubs or any other insurer or financial security provider approved by the Central Government and a copy of the same shall be posted in a conspicuous place onboard where it is available to the seafarers.

 

• Where there is more than one financial security provider referred to in sub-rule (13), the document provided by each provider shall be carried onboard.
• The certificate or documentary evidence of financial security shall contain the information as specified in Form-

 

• Assistance provided by the financial security system shall be granted promptly upon request made by the seafarer or the seafarer’s nominated representative and supported by the necessary justification of entitlement.

 

• The financial security system shall be sufficient to cover the following, namely: —
  • outstanding wages and other entitlements due from the ship owner to the seafarer under the seafarers’ employment agreement, the relevant collective bargaining agreement, limited to four months of any such outstanding wages and four months of any such outstanding entitlements;
  • all expenses reasonably incurred by the seafarer, including the cost of repatriation referred to in sub-rule
• ; and

(c) the essential needs of the seafarer including such items, namely, the adequate food, clothing where necessary, accommodation, drinking water, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s arrival at home.

 

• The cost of repatriation shall cover travel by appropriate and expeditious means, normally by air, and include provision for food and accommodation of the seafarers from the time of leaving the ship until arrival at the seafarer’s home, necessary medical care, passage and transport of personal effect and any other reasonable costs or charges arising from the abandonment.
• The financial security shall not cease before the end of its period of validity unless the financial security provider has given prior information of at least thirty days to the Director-General.
• In case the provider of financial security has made any payment to any seafarers in accordance with the provisions of these rules, such provider shall, up to the amount it has paid, acquire by subrogation, assignment or otherwise, the right which the seafarers would have enjoyed.
• Nothing in this rule shall prejudice any right of recourse of the provider of financial security against third

 

• The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a period of three years or as provided in the collective bargaining agreements, except where they are held captive on or off the ship as a result of acts of piracy or armed robbery against ships.

 

13. Seafarer compensation for ship’s loss or foundering. — (1) Ship owner shall ensure that, in every case of loss or foundering of any ship, an indemnity against unemployment resulting from such loss or foundering is paid to each seafarer on board, as specified in the seafarer’s employment agreement or collective bargaining agreement, as the case may be.

 

• The indemnity against unemployment resulting from a ship’s foundering or loss shall be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the seafarers’ employment agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.

 

• The seafarers shall have the same legal remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service.

 

• The provision of sub-rule (1) shall be without prejudice to any other rights a seafarer may have under any other law for the time being in force for losses or injuries arising from a ship’s loss or foundering.

 

14. Manning level. — Manning level shall be in accordance with the applicable rules made under the Act relating to safety of navigation.

 

15. Career and skill development and opportunities for seafarers’ employment. — (1) The Director-General shall specify national policies that encourage career and skill development and employment opportunities for seafarers, in

 

order to provide the maritime sector with a stable and competent workforce to help the seafarers, strengthen their competencies, qualifications and employment opportunities.

 

(2) The Director-General, after consulting the ship owners and seafarers’ organisations concerned, shall establish clear objectives for the vocational guidance, education and training of seafarers whose duties onboard the ship primarily relate to the safe operation and navigation of the ship, including ongoing training.

 

16. Accommodation and recreational facilities. — The accommodation and recreational facilities onboard ships shall be in accordance with Merchant Shipping (Crew Accommodation) Rules, 1960, or Merchant Shipping (Seafarers’ Accommodation) Rules, 2026, as the case may be.

 

17. Food and catering. — (1) The ship owner shall provide, free of cost to seafarer, a variety of food of required quality, quantity and nutritional value and water, including drinking water which covers the requirement of the complement onboard the ship, their religious requirements and cultural practices pertaining to food, duration and nature of voyage.

• The ship owner shall ensure that the organisation and equipment of the catering department shall be such as to permit the provision of adequate, varied and nutritious meals prepared and served in hygienic conditions.

 

• The quality and quantity of food supplied shall be in conformity with the collective bargaining agreement or as may be specified by the Director-General.

 

• The ship owner shall ensure that the catering staff is trained or instructed for their positions onboard

 

• Ship owners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with such conditions as may be specified by the Director-General.

 

• The requirements under sub-rule (5) shall include the completion of a training course approved or recognised by the Director-General, which covers practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety.

 

• On ships operating with a specified manning of less than ten which, by virtue of the size of the crew or the trading pattern, may not be required to carry a fully qualified cook, anyone processing the food in the galley shall be trained or instructed in areas including food and personal hygiene and handling and storage of food onboard ship.

 

• In the case of exceptional necessity, the Director-General may, issue a dispensation permitting a non-fully qualified cook to serve in a specified ship for a specified period, until the next convenient port of call or for a period not exceeding one month:

Provided that the person to whom the dispensation is issued is trained or instructed in areas including food and personal hygiene and handling and storage of food onboard ship.

• The ship owner shall ensure that frequent documented inspections are carried out onboard ships, by or under the authority of the master, with respect to the following, namely:—
  • supply of food, water and drinking water;
  • all spaces and equipment used for the storage and handling of food, water and drinking water; and
  • galley and other equipment for the preparation and service of
• No seafarer under the age of eighteen shall be employed or engaged or work as a cook with the

 

18. Medical care onboard ship and ashore. — (1) The ship owner shall adopt such measures for providing protection of health and medical care, including essential dental care, at no cost to the seafarers, for seafarers working onboard a ship which–

 

• ensure the application to seafarers, of any general provisions on occupational protection of health and medical care relevant to their duties, and of special provisions specific to work onboard ship;
• ensure that seafarers are given protection of health and medical care including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise, in accordance with the applicable rules made under the Act;

 

• give seafarers the right to visit a qualified medical practitioner including dentist without delay in ports of call, where practicable;
• ensure that medical care and health protection services while a seafarer is onboard ship or landed in a foreign port are provided free of charge to seafarers.

• The ship owner shall adopt a standard medical report form for use by the master of the ship and relevant onshore and onboard medical personnel, as specified by the Director-General and the form when completed, its contents shall be kept confidential and shall only be used to facilitate the treatment of seafarers.
• All ships shall carry a medicine chest, medical equipment and a medical guide, in accordance with the applicable rules made under the Act which shall be subject to regular inspection by the Director-General.
• Ships carrying hundred or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical practitioner onboard.
• The ship which does not carry a medical practitioner shall be required to have either at least one seafarer onboard who is in charge of medical care and administering medicine as part of their regular duties or at least one seafarer onboard competent to provide medical first aid.
• Persons in charge of medical care on board who are not medical practitioner, as specified in sub-rule (5), shall have satisfactorily completed training in medical care that meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended.
• Seafarers designated to provide medical first aid, as specified in sub-rule (5), shall have satisfactorily completed training in medical first aid that meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended.
• The Director-General shall ensure prompt disembarkation of seafarers in need of immediate medical care and access to medical facilities ashore for the provision of appropriate treatment.
• The Director-General shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available twenty-four hours a day and such medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the flag that they fly.

19. Ship owners’ liability. — (1) The ship owner shall be responsible for protection of health and medical care of all seafarers working onboard the ship in accordance with the following standards, including —
    • the ship owner shall be liable to bear the costs for seafarers working on their ship in respect of sickness and injury of the seafarers occurring between the date of commencing of the duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates;
    • the ship owner shall maintain adequate financial security to ensure the payment of compensation in the event of the following, namely: —
      • the death of a seafarer arising from any cause while such seafarer is serving under a seafarers’ employment agreement; or
      • in the event of long-term disability due to an occupational injury, illness, or hazard,

as provided for under the seafarers’ employment agreement or the applicable collective bargaining agreement, as the case may be;

• the ship owner shall receive, deal with and impartially settle contractual claims relating to compensation referred to in clause (b) through fair procedures and expeditiously and not later than the following timelines, namely: –

 

• the compensation for death under sub-clause (i) of clause (b) shall be paid within three months from the date of the incident;
• the compensation for long-term disability under sub-clause (ii) of clause (b) shall be paid, as far as practicable, within twelve months from the date of the incident;

• the ship owner shall be liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and boarding and lodging away from home until the sickness or incapacity has been declared to be of a permanent character; and
• the ship owner shall be liable to pay the cost of funeral expenses in the case of death occurring onboard or ashore during the period of engagement.

 

• The Director-General may limit the liability of the ship owner to defray the expenses of medical care and board and lodging to a period, which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness.
• Where the sickness or injury results in incapacity for work, the ship owner shall be liable, –
  • to pay full wages till the sick or injured seafarers remain onboard or until the seafarers have been repatriated in accordance with these rules; and
  • to pay wages in whole or in part from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled under any other law for the time being in force.
• The Director-General may limit the liability of the ship owner to pay wages in whole or in part in respect of seafarers no longer onboard to a period, which shall not be less than twenty-four weeks from the date of the injury or the commencement of the sickness.
• The Director-General may exclude the ship owner from liability in respect of the following, namely: —
  • injury incurred otherwise than in the service of the ship;
  • injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarers; and
  • sickness or infirmity intentionally concealed when the engagement is entered
• The Director-General may exempt the ship owner from liability to defray the expense of medical care and board and lodging and funeral expenses in so far as such liability is assumed by the public authorities.
• The ship owner or his representatives shall take measures for safeguarding property left onboard by sick, injured or deceased seafarers and for returning it to them or to their next of kin.
• The ship owner shall ensure that the system of financial security to assure compensation as provided in clause (b) of sub-rule (1) for contractual claims, meet the following requirements, namely: —
  • the contractual compensation, as set out in the seafarers’ employment agreement or collective bargaining agreement and without prejudice to clause (c) of sub-rule (8), shall be paid in full and without delay;
  • there shall be no demand to accept a payment less than the contractual amount;
  • whereas the nature of the long-term disability of a seafarer makes it difficult to assess the full compensation to which the seafarers may be entitled, an interim payment shall be made to the seafarers so as to avoid undue hardship;
  • the seafarers shall receive payment without prejudice to other legal right, but such payment may be offset by the ship-owner against any damages resulting from any other claim made by the seafarers against the ship owner and arising from the same incident; and
  • the claim for concerned compensation may be brought directly by the seafarers concerned, or their next of kin, or a representative of the seafarers or designated beneficiary.
• The ship owner shall not cancel or terminate the financial security without giving a notice in writing to the seafarer, the licensed recruitment and placement service and the Director-General.
• The ship owner shall ensure that no financial security shall be cancelled or terminated by the provider of the financial security without giving notice of at least thirty days in advance, to the Director-General by the provider of financial security.
• The ship owner shall ensure that his ships carry on board a certificate or other documentary evidence of financial security issued by the financial security provider and copy of the same shall be posted in a conspicuous place onboard where it is available to the seafarers.
• Where more than one financial security provider provides the cover, as specified in sub-rule (11), the document provided by each provider shall be carried onboard.
• The financial security shall not cease before the end of its period of validity unless the financial security providers have given prior information of at least thirty days to the Director-General of the flag State.

 

• The financial security shall provide for the payment of all contractual claims covered by it, which arise during the period for which the document is valid.
• The certificate and other documentary evidence of financial security shall contain the information specified in Form-II and it shall be in English or accompanied by an English translation.
• The system of financial security, as provided in clause (b) of sub-rule (1), may be in the form of a social security scheme or insurance or fund or other similar arrangements as may be determined by the Director-General after consultation with the ship owners’ and seafarers’ organisations concerned.

 

• The Director-General may, on the basis of an inquiry report received from the shipping office or from the competent inquiry authority of the flag State, as the case may be, and upon being satisfied that a seafarer is reported missing from a ship during the subsistence of his contractual period, direct the shipping master to issue a presumption of death certificate.
• Any presumption of death certificate issued under sub-rule (17) for the purposes of these rules shall be issued for the limited purpose of enabling the legal heirs or family members or next of kin of the seafarer, as the case may be, to make a claim for compensation under the seafarer’s employment agreement or applicable collective bargaining agreement, as the case may be:

Provided that such certificate shall not operate as a proof of death for the purpose of any other law for the time being in force.

 

20. Health and safety protection and prevention of accident. — Every ship owner shall ensure that seafarers working onboard the vessel are provided with occupational health protection and that 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, in accordance with Standard A4.3 of the convention.

 

21. Access to shore-based welfare facilities. — (1) The Director-General shall ensure, where welfare facilities exist in ports, that they are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or working.

• The Director-General shall promote the development of welfare facilities in such ports of the country as it may determine, after consultation with the ship owners’ and seafarers’ organisations concerned.
• The Director-General shall ensure that reviews of welfare facilities and services are carried out through the welfare board established under the Act in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.

 

22. Social — (1) To achieve social security the following branches of social security protections shall be adopted, namely: —
    • medical care;
    • sickness benefit;
    • unemployment benefit;
    • old-age benefit;
    • employment injury benefit;
    • family benefit;
    • maternity benefit;
    • invalidity benefit; and
    • survivors’

• The social security protection referred to in sub-rule (1) shall be in addition to the protection provided under rules 18 and 19.
• The Director-General shall provide, according to its national circumstances, complementary social security protection referred to in sub-rule (1) to all seafarers ordinarily resident in its territory, including through appropriate bilateral or multilateral agreements or contribution-based systems, and such resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in India.
• The Director-General shall ensure that the ship owners’ responsibilities concerning social security protection are met, including making the required contributions to social security schemes.
• All ship owners of Indian ships shall pay annual welfare fees and welfare fund contributions in accordance with the Merchant Shipping (Seafarers Welfare Board and Levy of Fees) Rules, 2026.

 

23. Flag State responsibilities in implementation of Maritime Labour Convention. — (1) The Director-General shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being

 

• The Director-General, for the purposes of recognition of organisations, shall review the competency and independence of the organisation concerned and determine as to whether the organisation –

 

• has demonstrated, to the extent necessary for carrying out the activities covered by the authorisation conferred on it;
• has the necessary expertise and an appropriate knowledge of ship operations, including the minimum requirements for seafarers to work on a ship, conditions of employment, accommodation, recreational facilities, food and catering, accident prevention, health protection, medical care, welfare and social security protection;
• has the ability to maintain and update the expertise of its personnel;
• has the necessary knowledge of the requirements of the Act, the rules framed thereunder and relevant international instruments; and
• is of the appropriate size, structure, experience and capability commensurate with the type and degree of

• Any authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of the port State.
• The Director-General shall provide the International Labour Office with a current list of recognised organisations authorised to act on its behalf and it shall keep this list up to date, and such list shall specify the functions that the recognised organisations have been authorised to carry out.
• The Director-General shall, –
  • establish a system to ensure the adequacy of work performed by recognised organisations, and which includes information on all applicable laws and relevant international instruments; and
  • procedures for communication with and oversight of such
• The Director-General shall require the inspecting authority or the recognised organisation, as the case may be, to maintain records of the services performed by them such that they are able to demonstrate achievement of the required standards in the items covered by the services.

 

 

• The Director-General shall publish an annual report on such inspection within a reasonable time, not exceeding six months, after the end of the year.

 

 

• A copy of the Maritime Labour Convention and Merchant Shipping (Maritime Labour) Rules, 2026 shall be made available onboard Indian ships.

 

 

24. Maritime labour certificate and declaration of maritime labour compliance. — (1) The Director-General or any officer, authority or organisation authorised by him in this behalf shall issue a maritime labour certificate for a period not exceeding five years in accordance with the convention.

• The validity of the maritime labour certificate shall be subject to an intermediate inspection by the Director-General or by a recognised organisation duly authorised for this purpose to ensure continuing compliance with the Act and the rules made thereunder implementing the convention.
• If only one intermediate inspection is carried out and the period of validity of the certificate is five years, –
  • it shall take place between the second and third anniversary dates of the certificate;
  • the scope and depth of the intermediate inspection shall be equal to an inspection for renewal of the certificate; and
  • the certificate shall be endorsed following satisfactory intermediate
• Subject to sub-rule (1), where the renewal inspection has been completed within three months before the expiry of the existing maritime labour certificate, the new maritime labour certificate shall be valid from the date of completion of the renewal inspection for a period not exceeding five years from the date of expiry of the existing certificate:

 

Provided that where the renewal inspection is completed more than three months before the expiry date of the existing maritime labour certificate, the new maritime labour certificate shall be valid for a period not exceeding five years starting from the date of completion of the renewal inspection.

• Subject to sub-rule (1), where, after a renewal inspection completed prior to the expiry of a maritime labour certificate, the ship is found to continue to meet the requirements of the Act and the rules made thereunder but a new certificate cannot immediately be issued to and made available onboard that ship, the Director-General, or the recognised organisation duly authorised for this purpose, may extend the validity of the certificate for a further period not exceeding five months from the expiry date of the existing certificate, and endorse the certificate accordingly, which shall be valid for a period not exceeding five years from the date of inspection as specified in sub-rule (4).
• Maritime Labour Certificate may be issued on an interim basis in Form-V, –
  • to new ships on delivery; or
  • when a ship changes flag; or
  • when a ship owner assumes responsibility for the operation of a ship which is new to that ship
• The interim maritime labour certificate may be issued by the Director-General or a recognised organisation, or any other person duly authorised for this purpose, for a period not exceeding six months, subject to the following verification, namely: –
  • the ship has been inspected as far as reasonable and practical, for the matters specified in Form-VI;
  • the ship owner has demonstrated to the Director-General or a recognised organisation, or any other person duly authorised for this purpose that the ship has adequate procedures to comply with these rules;
  • the master is familiar with the requirements of these rules and the responsibilities for its implementation; and
  • relevant information has been submitted to the Director-General or a recognised organisation or any other person duly authorised for this purpose to produce a declaration of maritime labour compliance.
• A full inspection in accordance with sub-rule (1) shall be carried out prior to expiry of the interim certificate to enable issue of the full-term maritime labour certificate in Form-VII and a declaration of maritime labour compliance shall not be issued for the period of validity of the interim certificate.
• The Director-General or a recognised organisation or any other person duly authorised for this purpose shall certify that the working and living conditions of seafarers on the ship, including measures for ongoing compliance to be included in the declaration of maritime labour compliance have been inspected and meet the requirements of these rules for implementing the convention.
• The declaration of maritime labour compliance shall be attached to the maritime labour certificate in Form-III and Form-IV, as applicable.
• The Director-General or recognised organisation duly authorised for this purpose shall certify Part-II of Form-IV and shall issue the declaration of maritime labour compliance referred to in sub-rule (10).
• The results of all subsequent inspections or other verifications carried out with respect to the ship concerned and any significant deficiencies found during any such verification shall be recorded, together with the date when the deficiencies were found to have been remedied and such record shall be inscribed upon or appended to the declaration of maritime labour compliance or made available in some other way to seafarers, inspectors, authorised officers in port States and ship owners’ and seafarers’ representatives.
• A certificate issued under this rule shall cease to be valid in any of the following cases, namely:—
  • if the relevant inspections are not completed within the periods specified under sub-rules (2) and (3);
  • if the certificate is not endorsed in accordance with sub-rules (2) and (3);
  • when a ship changes flag;
  • when a ship owner ceases to assume the responsibility for the operation of a ship; and
  • when substantial changes have been made to the structure or equipment covered in rules 16 and
• In the case referred to in clauses (c), (d) or (e) of sub-rule (13), a new certificate shall only be issued when the Director-General or recognised organisation issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of this rule.
• A maritime labour certificate shall be withdrawn by the Director-General or the recognised organisation duly authorised for this purpose, if there is evidence that the ship concerned does not comply with the requirements of these rules and any required corrective action has not been taken.

 

• When considering whether a maritime labour certificate shall be withdrawn in accordance with sub-rule (15), the Director-General or the recognised organisation shall take into account the seriousness or the frequency of the
• The fees for inspection and the issuance of the Maritime Labour Certificate, by the Director-General or recognised organisations, as the case may be, shall be as specified by the Director-General from time to time.
• A current valid maritime labour certificate and declaration of maritime labour compliance shall be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers, and a copy of the same shall be made available, upon request, to seafarers, inspectors, authorised officers in port States, and ship owners’ and seafarers’ representatives.

25. Inspection and enforcement. — (1) The Director-General shall maintain a system of inspection of the conditions for seafarers on ships, including the verification relating to working and living conditions as set out in the declaration of maritime labour compliance, are being followed, and that the requirements of these rules are met.

• (a) The Director-General shall appoint sufficient number of qualified inspectors to fulfil its responsibilities under this rule.

(b) Where recognised organisations have been authorised to carry out inspections, the Director-General shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.

• Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance.
• If the Director-General or an officer authorised by him, receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship to which these rules apply does not conform to the requirements of these rules or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, the Director-General or an officer authorised by him shall take necessary steps to investigate the matter and ensure that action is taken to remedy any deficiencies found.
• The inspectors shall have the status and conditions of service to ensure that they are independent of changes of Government and of improper external influences.
• The Director-General may issue directions to the inspecting authority as to the tasks to be performed and shall empower them to –
  • board a ship that flies the Indian flag;
  • carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and
  • require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of these rules, including seafarers’ rights, or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary remedial actions are
• Any action taken in pursuant to clause (c) of sub-rule (6) shall be subject to right of appeal under the
• Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of these rules that endangers the safety, health or security of the seafarers concerned and where there is no previous history of similar breaches.
• Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of applicable laws and give no intimation to the ship owner, the ship owner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
• Inspectors shall not be entrusted with duties which may, because of their number or nature, interfere with effective inspection or prejudice in any way their authority or impartiality in their relations with ship owners, seafarers or other interested parties and in particular, shall–
  • be prohibited from having any interest in any operation which they are called upon to inspect; and
  • subject to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties.

 

• Inspectors shall submit a report of each inspection to the Director-General and a copy of the report in English shall be furnished to the master of the ship, and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.
• The Director-General shall maintain records of inspections of the conditions for seafarers on ships to which these rules apply and publish an annual report on inspection activities within such time, not exceeding six months, from the end of the year.
• In the case of an investigation pursuant to a major incident, the report shall be submitted to the Director-General as soon as practicable, but not later than one month following the conclusion of the investigation.
• When an inspection is conducted or when measures are taken, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.

26. Onboard complaint procedures. — All Indian flag ships shall adopt the following on-board complaint procedures, namely: —
    • without prejudice to any wider scope that may be given in the collective bargaining agreements, the on-board procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of these rules, including seafarers’ rights;
    • any aggrieved seafarer serving onboard an Indian flag ship shall, as soon as possible, submit a written complaint to his Head of Department onboard, which shall be immediately and formally acknowledged by the Head of Department to the seafarer concerned;
    • where the Head of Department cannot resolve the seafarer’s complaint to the satisfaction of the seafarer, within three days of receipt of the complaint, the Head of Department shall refer it to the master of the ship, who shall handle the matter personally and settle the issue within seven days of such reference;
    • a seafarer shall, at all times, have the unequivocal right to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimisation of seafarers for filing complaints.

Explanation. – For the purposes of this clause, the term “victimisation” includes any adverse action taken by any person against a seafarer with respect to complainants, victims, witnesses and whistle-blowers for lodging a complaint which is not manifestly vexatious or maliciously made and due regard shall be given to situations where a complaint is manifestly vexatious or maliciously made;

• all complaints and actions on the complaint shall be duly recorded in the official logbook and a copy of the decision taken, in each case, shall be provided to the seafarer concerned by the issue resolving authority and a proper documentary record of all the complaints and actions taken on each complaint shall be kept onboard and shall be available for an inspection by the authorities concerned for a period of at least three years of receipt of complaint;
• in case the master of the ship cannot resolve the complaint onboard, he shall refer it to the company or the licenced recruitment and placement service, or the ship owner concerned, under due intimation to the seafarer and –
  • where the complaint is referred to the ship owner, such ship owner shall resolve the matter, without any delay and within a maximum period of one month of receipt of such reference;
  • the contact details of the ship owner for resolving seafarer’s complaints shall be made available onboard, by the master of the ship;
  • the ship owner shall, in resolving the complaint, take the assistance of the committee that may be set up by it, comprising the unions of seafarers also;
• in case the complaint of the seafarer is not resolved by the company or the licensed recruitment and placement service or the ship owner concerned within one month, including the committee represented by the union of seafarers, the seafarer shall have the right to approach the Director-General, through the specified Grievance Redressal Mechanism along with copies of the complaint, including the replies given thereto by them, if any;
• a seafarer onboard a ship calling at a foreign port, in between a voyage shall also have the right to separately report his complaint alleging breach of the requirement of the convention including seafarers’ rights, to the authorised officer at that port, in accordance with rule 29;

 

• in all such cases, seafarers shall also have the right to file their complaints directly with the master or the company or the licensed recruitment and placement service or ship owner or any other authority that the seafarers may consider appropriate for the purpose;

 

• in addition to a copy of seafarers’ employment agreement, all seafarers shall be provided with a copy of the onboard complaint procedures applicable on the ship which shall include contact information of the Director-General or competent authority of the seafarers’ country of residence, and the name of a person or persons onboard the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them onboard the ship;

 

• any grievances of a seafarer shall be brought within a period of three years from the date of such

 

27. Marine casualties. — (1) Investigations and inquiries on marine casualties shall be dealt with in accordance with Part XI of the Act.

• In carrying out preliminary inquiry under sub-section (3) of section 231 of the Act or preliminary assessment of the marine casualty and conducting a marine safety investigation under sub-section (6) of section 231, the following shall be taken into consideration, namely: –
  • the International Maritime Organisation Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident;
  • the recommendations of the International Labour Organisation or the International Maritime Organisation Guidelines on the Fair Treatment of Seafarers in the event of a maritime accident; and
  • the International Labour Organisation or the International Maritime Organisation Guidelines on Fair Treatment of Seafarers detained in connection with alleged crimes.
• The Director-General shall cooperate, as far as practicable, with concerned States to assist in the application of the above-mentioned Guidelines.

 

28. Port State — (1) The Director-General shall specify a system for inspection of ships and the procedure for port state inspection as required under the convention for fulfilling its Port State responsibilities.

• Where an authorised officer, having come onboard to carry out an inspection and requested, where applicable, the maritime labour certificate and the declaration of maritime labour compliance, finds that–
  • the required documents are not produced or maintained or are falsely maintained or that the documents produced do not contain the information required by these rules or are otherwise invalid; or
  • there are clear grounds for believing that the working and living conditions on the ship do not conform to the requirements of these rules; or
  • there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with these rules; or
  • there is a complaint alleging that specific working and living conditions on the ship do not conform to the requirements of these rules,

a more detailed inspection may be carried out, if the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers or there are grounds to believe that any deficiencies constitute a serious breach of the requirements of these rules, including seafarers’ rights.

• Where a more detailed inspection is carried out on a foreign ship in any port or place in India by authorised officers in the circumstances set out in clauses (a), (b) or (c) of sub-rule (2), it shall comply with the requirements specified in the Declaration of Maritime Labour Compliance:

Provided that in the circumstances set out in clause (d), the inspection shall be limited to matters within the scope of the complaint.

• Upon a detailed inspection under sub-rule (2), if the working and living conditions on the ship are found not to conform to the requirements of these rules, the authorised officer shall forthwith bring the deficiencies to the attention of the master of the ship to rectify the deficiencies within a specified time and if such deficiencies are significant, the authorised officer shall bring the deficiencies to the attention of the appropriate union of seafarers and association of shipowners, and may–
  • notify a representative of the flag State; and
  • provide the competent authorities of the next port of call with the relevant
• The authorised officer shall have the right to transmit a copy of the officer’s report, which shall be accompanied by any reply received from the competent authorities of the flag State within the specified time, to the Director-General of the International Labour Office with a view to such action as may be considered appropriate and expedient in order

 

to ensure that a record is kept of such information and that it is brought to the attention of parties which might be interested in availing themselves of relevant recourse procedures.

• Where, following a more detailed inspection by an authorised officer, the ship is found not to conform to the requirements of these rules and–
  • the conditions on board are clearly hazardous to the safety, health or security of seafarers; or
  • the deficiency constitutes a serious or repeated breach of the requirements of these rules, including seafarers’ rights,

then the authorised officer shall, –

• take steps to ensure that the ship shall not proceed to sea until the deficiencies are rectified, or until the authorised officer has accepted a plan of action to rectify the deficiencies and is satisfied that the plan will be implemented in an expeditious manner;
• if the ship is prevented from sailing, the authorised officer shall forthwith notify the flag State accordingly and invite a representative of the flag State to be present, if possible, requesting the flag State to reply within a specified time;
• inform forthwith the appropriate association of shipowners and union of
• The authorised officer shall make all possible efforts to avoid a ship being unduly detained or delayed and the burden of proof in case of any claim for compensation or damages for detention of a ship under sub-section (2) of section 308 of the Act shall be on the complainant.

 

29. Onshore seafarer complaint-handling procedures. — (1) A complaint by a seafarer, on ships calling at any port or place in India, alleging a breach of the requirements of these rules including seafarers’ rights may be reported to an authorised officer specified by Director-General, and in such cases, the authorised officer shall undertake an initial

• Where appropriate, given the nature of the complaint, the initial investigation shall include consideration of whether the on-board complaint procedures provided under rule 26 have been explored, and the authorised officer may also conduct a more detailed inspection in accordance with rule 28.
• The authorised officer shall, where appropriate, seek to promote a resolution of the complaint at the ship-board
• Where the complaint is not resolved under sub-rule (3), the authorised officer shall forthwith inform the Director-General or the flag State concerned, as the case may be, seeking, within a specified time, advice and a corrective plan of action.
• Where the complaint has not been resolved following action taken in accordance with sub-rule (4), the Director-General shall, –
  • transmit a copy of the authorised officer’s report to the Director-General of the International Labour Office, accompanied by any reply received within the specified time from the competent authority of the flag State;
  • inform the appropriate association of ship owners and union of seafarers in India;
  • submit the statistics and information regarding complaints that have been resolved to the Director-General of the International Labour Office.
• Appropriate steps shall be taken to safeguard the confidentiality of complaints made by
• Any grievances of a seafarer shall be brought within a period of three years from the date of such

 

 

30. Labour-supplying — The Director-General shall ensure effective implementation of recruitment and placement responsibilities and social protection of seafarers as specified in the Act and the rules made thereunder.

 

31. Particulars to be furnished in plaints, etc.— (1) If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a Serving Seafarer, he shall make a statement accordingly in the plaint, application or appeal.

(2) If any collector has reason to believe that any seafarer who ordinarily resides or has property in his district and who is a party to any proceedings pending before any Court is unable to appear therein or is a Serving Seafarer, the collector may certify the facts to the Court.

 

32. Notice to be given in case of unrepresented seafarer. — (1) If a collector has certified under sub-rule (2) of rule 31, or if a Court has reason to believe that a seafarer who is a party to any proceeding before the Court, is unable to appear therein or is a serving seafarer, the Court shall suspend the proceeding and shall give notice thereof to the shipping master:

Provided that the Court may refrain from suspending the proceeding and giving the notice —

• if the proceeding is one instituted or made by the seafarer, alone or jointly with others, with the object of enforcing a right of pre-emption; or
• if the interests of the seafarer in the proceeding are, in the opinion of the Court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal

• If it appears to the Court before which any proceeding is pending that a seafarer though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof to the shipping master.
• If on receipt of a notice under sub-rules (1) or (2), the shipping master certifies to the Court that the seafarer is a Serving Seafarer, the Court shall thereupon postpone the proceeding in respect of the seafarer for such period as it thinks fit:

Provided that if by reason of the continued absence of the seafarer the question of any further postponement of the proceeding in respect of the seafarer arises, the court shall in deciding the question have regard to the purposes of the provisions of this Act conferring special protection on seafarers in respect of litigation.

• If the shipping master either certifies that the seafarer is not for the time being a Serving Seafarer or fails within two months from the date of the receipt of the notice under clause (a) or (b) as the case may be, to certify that the seafarer is a Serving Seafarer, the Court may, if it thinks fit, continue the proceeding.

33. Power to set aside decrees and orders passed against serving — (1) Where in any proceeding before a court, a decree or order has been passed against any seafarer while he was a serving seafarer, the seafarer, or if he dies while he is a serving seafarer, his legal representative, may apply to the said court to have the decree or order set aside, and if the court after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the seafarer, the court, shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-rule (1) of rule 31, award, subject to such conditions as it thinks fit to impose, damages against such opposite party.

• The period of limitation for an application under sub-rule (1) shall be sixty days from the date on which the seafarer first ceases to be a serving seafarer after the passing of the decree or order, or where the summons or notice was not duly served on the seafarer in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908), shall apply to such applications.
• Where the decree or order in respect of which an application under sub- rule (1) is made is of such a nature that it cannot be set aside as against the seafarer only, it may be set aside as against all or any of the parties against whom it was made.
• Where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed.

34. Modification of law of limitation where seafarer is a party.— In computing the period of limitation provided in the foregoing provisions or in the Limitation Act, 1963 (36 of 1963), or in any other law for the time being in force, for any suit, appeal or application to a court to which a seafarer is a party, the period or periods during which the seafarer has been a serving seafarer, and if the seafarer has died while he was a serving seafarer, the period from the date of his death to the date on which his next-of-kin was first informed by the shipping master or otherwise, of his death, shall be excluded:

Provided that this rule shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption except in such areas and in such circumstances as the Central Government may, by notification in the Official Gazette, specify in this behalf.

 

35. Reference in matters of doubt to shipping masters. — If any court is in doubt whether, for the purposes of sub­rule 32 or sub-rule 33, a seafarer is or was at any particular time or during any particular period a serving seafarer, it

 

may refer the question to the shipping master and the certificate of the shipping master shall be conclusive evidence on the question.

 

36. Fees for repatriation or replacement of seafarers. — (1) There shall be levied and collected, in respect of engagement of every seafarer, a fee for repatriation or replacement of seafarers at the rate of fifty rupees or such other rate as the Central Government may, by notification, specify from time to time, for the purpose of repatriation of

 

• In respect of all Indian vessels, fees referred to in sub-rule (1) shall be payable by the ship owner, where the seafarer is engaged by the ship owner for the vessel owned by them.

 

• The fees mentioned in the sub-rule (1) shall be subject to revision by the Director-

 

• The revision referred to sub-rule (3) may be carried out once in every three years:

Provided that the amount so revised shall not exceed twenty-five per cent of the contribution referred to in sub- rule (1).

• The fee shall be paid by electronic transfer to the Government

 

• Any expenses incurred for the repatriation or replacement of seafarers from the fees collected under sub-rule (1), shall be recoverable from the concerned ship owner by the Central Government in accordance with sub-section (4) of section 67, section 91 and section 92 of the Act:

Provided that the amount so recoverable shall be arrived after deducting the fees for repatriation or replacement of seafarers already paid by such shipowner under sub-rule (1) on the date of commencement of proceedings for recovery under the Act.

• The amount of fee for repatriation or replacement of seafarers collected under sub-rule (1) and expenses recovered under sub-rule (6) shall be credited to the Consolidated Fund of India.

 

• The Central Government shall determine, annually, the cost of collection of the fees and expenses specified in sub­rule (7), and after deduction of such cost from the gross collections, the net proceeds shall be remitted to the Seafarers Welfare Fund Society.

 

• The fees for repatriation or replacement of seafarers levied under sub-rule (1) and expenses recovered under sub­rule (6) and remitted to the Seafarers Welfare Fund Society shall be utilised, subject to the prior approval of the Director-General, solely for the purpose of repatriation or replacement of abandoned seafarers, in accordance with the Act and rules made thereunder.
• The Seafarers Welfare Fund Society shall account for all such receipts in its books and maintain separate records for amounts received under this rule.

 

37. Wages and other property of seafarers left behind, deceased or lost overboard. — (1) If a seafarer is lost overboard, deceased or left behind, the master shall prepare an inventory of the seafarer’s belongings and ensure that the personal effects are delivered to the next of kin or family member, as declared by the seafarer at the time of engagement, and shall intimate the shipping master.

(2) The delivery shall be arranged by the ship owner within four days from the date of arrival of the belongings in India and, in any case, not later than three months from the date of the incident.

 

38. Manner of utilisation of undisbursed amounts towards welfare of seafarers. — Where any amount specified in section 82 of the Act remains unclaimed with the shipping master for a period of not less than six years, such amount shall be credited to the Consolidated Fund of India, which shall be remitted to the Seafarers Welfare Fund Society for the welfare of seafarers.

 

Form-I

[See rule 12 (15)]

Evidence of financial security

The certificate or other documentary evidence of financial security required under sub-rule (15) of rule 12 shall include the following information, namely: –

• Name of the ship;
• Port of registry of the ship;
• Call sign of the ship;
• International Maritime Organisation number of the ship;
• Name and address of the provider or providers of the financial security;
• Contact details of the person or entity responsible for handing seafarer’s requests for relief;
• Name of the owner of the ship;
• Period of validity of the financial security; and
• An attestation from the financial security provider that the financial security meets the requirement of rule

 

Form-II

[See rule 19 (15)]

Evidence of financial security

The certificate or other documentary evidence of financial security required under sub-rule (15) of rule 19 shall include the following information, namely: –

• Name of the ship;
• Port of registry of the ship;
• Call sign of the ship;
• International Maritime Organisation number of the ship;
• Name and address of the provider or providers of the financial security;
• Contact details of the person or entity responsible for handling seafarer’s contractual claims;
• Name of the owner of the ship;
• Period of validity of the financial security; and
• An attestation from the financial security provider that the financial security meets the requirement of rule

 

Form-III

[See rule 24 (10)]

Maritime Labour Convention, 2006 Declaration of Maritime Labour compliance – Part-I

(Note: This Declaration must be attached to the ship’s Maritime Labour Certificate)

Issued under the authority of Director-General of Maritime Administration, Government of India With respect to the provisions of the Maritime Labour Convention, 2006 the following referenced ship: –

 

Name of ship	IMO number	Gross tonnage

 

is maintained in accordance with Standard A5.1.3 of the Convention (rule 24) of these rules. The undersigned declares, on behalf of the abovementioned competent authority, that:-

• the provision of the Maritime Labour Convention are fully embodied in the requirements referred to below:
• these national requirements are contained in the provisions referenced below; explanations concerning the content of those provisions are provided where necessary;
• the detail of any substantial equivalencies under Article VI, paragraphs 3 and 4 of the Convention are provided under the corresponding requirement listed below in the section provided for this purpose below (strike the statement which is not applicable);
• any exemption granted by the Competent Authority under Title 3 of the Convention (rules 16 and 17) should be clearly indicated in the section provided for this purpose below; and
• any ship-type specific requirements under national legislation are also referenced under the requirement
  1. Minimum age (rule 4)
  2. Medical certification (rule 5) …………………………………………
  3. Qualification of seafarers (rule 6) ……………………………………
  4. Seafarers’ employment agreement (rule 8) …………………………
  5. Use of any licensed Recruitment and Placement Service (rule 7) ……………………………………………
  6. Hours of work or rest (rule 10) ………………………………………….
  7. Manning levels for the ship (rule 14) …………………………………
  8. Accommodation (rule16) …………………………………………….
  9. Onboard recreation facilities (rule 16) ………………………………
  10. Food and catering (rule 17) ……………………………………………
  11. Health and safety and accident prevention (rule 20) …………………
  12. Onboard medical care (rule 18) ………………………………………
  13. Onboard complaint procedures (rule 26) ………………………….
  14. Payment of wages (rule 9) ……………………………………………
  15. Financial security for repatriation (rule 12):
  16. Financial security relating to ship-owners liability (rule 19):

Name: ………………………….

 

Title: …………………………….

Signature: ………………………

Place: …………………………… Date: ……………………………. (Seal or stamp of the authority)

 

 

 

Substantial equivalencies

(Note: Strike out the statement that is not applicable)

The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4 of the Convention, except  where          stated            above,    are               noted            (insert                      description  if                  applicable):

………………………………………………………………………………………………

……………………………………………………………………………………………… No equivalency has been granted.

Name: ………………………………. Title: ………………………………. Signature: …………………………. Place: ……………………………… Date: ………………………………. (Seal or stamp of the authority)

 

Exemptions

(Note: Strike out the statement that is not applicable)

The          following           exemptions          granted          by          the          competent         authority         are          noted:

………………………………………………………………………………………………

……………………………………………………………………………………………..

No exemption has been granted.

Name: ………………………………. Title: ………………………………. Signature: …………………………. Place: ……………………………… Date: ……………………………….

(Seal or stamp of the authority, as appropriate)

 

Form-IV

[See rule 24(10) and (11)]

Declaration of Maritime Labour Compliance – Part-II

Measures adopted to ensure ongoing compliance between inspections

The following measures have been drawn up by the ship owner, named in the Maritime Labour Certificate to which this declaration is attached to ensure ongoing compliance between inspections:

(State below the measures drawn up to ensure compliance with each of the items in Part I)

1. Minimum age (rule 4)

……………………………………………………………………………………

2. Medical certification (rule 5)

………………………………………………………………………………………

3. Qualification of seafarers (rule 6)

………………………………………………………………………………………

4. Seafarers’ employment agreement (rule 8)

………………………………………………………………………………………

5. Use of any licensed Recruitment and Placement Service (rule 7)

………………………………………………………………………………………

6. Hours of work or rest (rule 10)

………………………………………………………………………………………

7. Manning levels for the ship (rule 14)

………………………………………………………………………………………

8. Accommodation (rule 16)

………………………………………………………………………………………

9. Onboard recreation facilities (rule 16)

………………………………………………………………………………………

10. Food and catering (rule 17)

………………………………………………………………………………………

11. Health and safety and accident prevention (rule 20)

……………………………………………………………………………………..

12. Onboard medical care (rule 18)

………………………………………………………………………………………

13. Onboard complaint procedures (rule 26)

………………………………………………………………………………………

14. Payment of wages (rule 9)

………………………………………………………………………………………

15. Financial security for repatriation (rule 12)

………………………………………………………………………………………..

16. Financial security relating to ship-owners liability (rule 19)

………………………………………………………………………………………..

I hereby certify that the above measures have been drawn up to ensure ongoing Compliance, between inspections, with the requirement listed in part I.

 

Name of the owner of the ship: …………………..……………………………………………. Company address: …………………….…………………………………………….

Title: ……………………………………………

Name and Signature of the authorised signatory…………………………………………….. Date: ……………………………………….

(Stamp or seal of the ship owner)

The above measures have been reviewed by (insert name of competent authority or duly recognised organisation) and, following inspection of the ship, have been determined as meeting the purpose set out under standard A5.1.3, paragraph 10(b) of the convention [rule 24(10)] regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration.

Name: ……………………………….

 

 

Title: ……………………………….. Address: ..……………………………….

…………………….………………..

……..……………………………… Signature: ……………………….. Place: …………………………… Date: …………………………….

(Seal or stamp of the authority, as appropriate)

 

Form-V

[See rule 24 (6)]

Interim Maritime Labour Certificate

………………………………………………………………………………………………

(Full designation of the Issuing Authority)

by ………………………………………………………………………………………… (Full designation and address of the authority or duly Recognised Organisations) Particular of the ship

Name of ship………………………………………………………………………… Distinctive number or letters…………………………………………………………. Port of registry ………………………………………………………………………….. Date of registry ………………………………………………………………………….. Gross tonnage…………………………………………………………………………… International Maritime Organisation number ………………………………………….. Type of ship……………………………………………………………………………… Name and address of the owner of the ship………………………………………….

……………………………………………………………………………………………..

………………………………………………………………………………………………

This is to certify, for the purpose of standard A5.1.3, paragraph 7 of the convention (rule 24(7)), that:

(a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention (Form-IV to these rules), taking into account verification of items under (b), (c) and (d) below;

• the owner of the ship has demonstrated to the competent authority or recognised organisation that the ship has adequate procedures to comply with these rules.
• the master is familiar with the requirements of these rules and the responsibilities for implementation; and
• relevant information has been submitted to the competent authority or recognised organisation to produce a Declaration of Maritime Labour Compliance.

This Certificate is valid until ………………………. Subject to inspection is in accordance with Standards A5.1.3 (rule 24) and A5.1.4 (rule 25) of the Convention. The completion date of the inspection referred to under (a) above was……………

Issued at……………………………… on………………………………………….

Signature of the duly authorised official

Issuing the interim certificate…………………………………………………………… (Seal or stamp of issuing authority, as appropriate)

 

Form-VI

[See rule 24(7) (a)]

The working and living conditions of seafarers that shall be inspected and approved by the competent authority before certifying that the ship is in accordance with Standard A5.1.3, paragraph 1 are as under:-

1. Minimum age:
2. Medical certification:
3. Qualification of seafarers:
4. Seafarers’ employment agreements:
5. Use of any licensed Recruitment and Placement Service:
6. Hours of work or rest:
7. Manning levels for the ship:
8. Accommodation:
9. Onboard recreational facilities:
10. Food and catering:
11. Health and safety and accident prevention:
12. Onboard medical care:
13. Onboard compliant procedures:
14. Payment of wages:
15. Financial security for repatriation:
16. Financial security relating to ship owners’ liability:

 

Form-VII

[See rule 24 (9)]

Maritime Labour Certificate

(Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached)

…………………………………………………………………………………..

(Full designation of the Issuing Authority) by………………………………………………………………………………………..

(Full designation and address of the authority or recognised organisation duly authorised under the provision of the rules)

Particular of the ship

Name of ship…………………………………………………………………………… Distinctive number or letters …………………………………………………………… Port of registry ………………………………………………………………………….. Date of registry ………………………………………………………………………….. Gross tonnage*……………………………………………………………………………. International Maritime Organisation number …………………………………………… Type of ship……………………………………………………………………………..

Name and address of the ship owner………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

* For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.

This is to certify:

1. that this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provision of the attached Declaration of Maritime Labour Compliance.
2. that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention (Form VI) were found to correspond to the abovementioned country’s national requirement implementing the Convention. These national requirements are summarised in the Declaration of Maritime Labour Compliance, Part I.

This certificate is valid until…………………………….. subject to inspection in accordance with Standard A5.1.3 (rule 24) and

Standard A5.1.4 (rule 25) of the Convention.

This      certificate     is      valid     only     when     the  Declaration  of  Maritime        Labour             Compliance issued at……………………………………………….. on                 is attached.

Completion date of the inspection on which this certificate is based was………… Issued at……………………………………… on ……………………………………… Signature of the duly authorised official issuing the Certificate

(Seal or stamp of issuing authority, as appropriate)

 

 

Endorsements for mandatory intermediate inspection and, if required, any additional inspection

 

This is to certify that the ship was inspected in accordance with the provisions of Standard A5.1.3 (rule 24) and Standard A5.1.4 (rule 25) of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention (Form VI) were found to correspond to the requirement:

 

Signed……………………………

(intermediate inspection to be completed between the second

and third anniversary dates)                                                                             (Signature of authorised official)

 

 

 

 

 

 

Additional endorsements (if required)

Place……………………………… Date ………………………………

(Seal or stamp of the authority, as appropriate)

 

This is to certify that the ship was the subject of an additional inspection for the purpose of verifying whether the ship continued to be in compliance with the requirements implementing the Convention, as required by Standard A3.1, paragraph 3 of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.

Additional inspection:

(if required)

 

Signed………………………………

(Signature of authorised official) Place ……………………………… Date ………………………………. (Seal or stamp of the authority,

as appropriate)

 

 

 

Additional inspection: (if required)

 

 

 

 

 

 

 

 

 

 

Additional inspection: (if required)

 

 

 

Signed………………………………

(Signature of authorised official) Place ……………………………… Date ………………………………. (Seal or stamp of the authority,

as appropriate)

 

 

 

 

Signed………………………………

(Signature of authorised official) Place ……………………………… Date ……………………………….

 

 

 

 

 

 

Extension after renewal inspection (if required)

(Seal or stamp of the authority,

as appropriate)

 

 

This is to certify that, following a renewal inspection, the ship was found to continue to be in compliance with national laws and regulations or other measures implementing the requirements of the Convention, and that the present certificate is hereby extended, in accordance with paragraph 4 of Standard A5.1.3 (rule 24(5)), until

……………………………………

(not more than five months after the expiry date of the existing certificate) to allow for the new certificate to be issued to and made available on board the ship.

Completion date of the renewal inspection on which this extension is based was:

………………………………………………………………………………………………………………

 

Signed:

…………………………………………..

(Signature of authorised official)

……………………………………………………

Place:

……………………………………………..

Date:

………………………………………………

(Seal or stamp of the authority, as appropriate)

 

Form-VIII

[See rule 8(6)]

SEAFARERS ’EMPLOYMENT AGREEMENT

This agreement is made between master/ ship owner(s)/ licensed recruitment and placement service or their representative on their behalf and a seafarer as detailed below in accordance with collective bargaining agreement-sector wise, indicated below and the Merchant Shipping Act 2025 and regulation 2.1 of Maritime Labour Convention 2006 and as per contractual clauses/terms and conditions stated overleaf:

(*Delete/add as applicable)

 

2. Applicable recognised Collective Bargaining Agreement: 1.1 NMB (India) 1.2 INSA-MUI 1.3 ICCSA/NUSI 1.4 ICCSA/MUI 1.5 Others Note: i) Tick applicable CBA ii) specify CBA details for ‘Others’ iii) Also refer clause
2. Details of ship owner/employer	4. Details of seafarers
2.1 Name	4.1 Name
2.2 Full postal address and e-mail:	4.2 Nationality / INDoS No.:
	4.3 Date-of-birth and place of birth (Town and Country):
	4.4 Full postal address and e-mail:
2.3 Telephone / Fax no.:
2.4 Contact person:
3. Details of master/ship owner/ licensed recruitment and placement service or their representative on their behalf (wherever applicable):	4.5 Telephone / Fax no.:
3.1 Name:	4.6 CDC No. / Place of issue:
3.2 .RPS License No.: 3.3 Valid till:
3.4 Postal address and e-mail:	4.7 CDC date of issue / expiry:
	4.8 Passport No. / Place of issue:
	4.9 Passport date of issue / expiry:

 

 

 

	5. Details of next-of-kin:
3.5 Telephone / Fax no.:	5.1 Name / Relationship:
3.6 Contact person:	5.2 Postal address and e-mail:
6. Details of ship:
6.1 Name:
6.2 Port of registry / trade:
6.3 Official / IMO No.:	5.3 Telephone / Fax No.:
6.4 G.T. / Power (Kw / BHP):	7. Details of certificates:
6.5 No. of crew including master:	7.1 CoC grade / No.:
8. Details of employment:	7.2 Place of issue:
8.1 Engagement period:               Months:
8.2 Amount of monthly wages on board:	7.3 Date of issue / expiry:
8.3 Rate of monthly PF / gratuity:	7.4 Limitations (if any):
8.4 Paid annual leave/month (Minimum of 2.5 days): ……………………………………… Days
8.5 Hours of rest (minimum of 77 hours per week): …………………………………… Hours
9. Amount of monthly allotment:
10.   Means of payment of wages: 10.1   Method of payment: 10.2   Weekly/Monthly intervals (tick as applicable): 10.3   ……… [insert number] day of each…………… week/month (tick as applicable)
11. Capacity / Rank employed:	12. Details of special ship type endorsement (if applicable):
13. Reason(s) for signing off:	12.1   Type of endorsement: 12.2   Level / Certificate no.: 12.3   Place of issue:
14. Paid off on date …………………Place.……………	16. Notice of termination of employment (see clause

 

 

 

15.   Repatriation Details (see clause 8): 15.1   On medical grounds 15.2   Others (See clause 8)		6): Employment commencement date: Employment end date: Note: The employment shall continue for the period as mentioned above unless it is terminated for justified reasons in advance of this point or the ship is at sea at that time in which event it will continue until its arrival in port at which point it will terminate.
17. Health and social security benefits (see clause 7):
18. PF contribution (SPFO) due ………………………………………………		19. Gratuity (SWFS) due ………………………..……………………
20.   Details of medical certificate: 20.1   Issue Authority: 20.2   Approval No: 20.3   Issue Date: 20.4   Expiry Date:
21. Additional Terms and Conditions of employment (where applicable): (Any additional employment condition shall not be less than that provided in the recognised Collective Bargaining Agreement)
22. Signature with place and date and stamp of master or ship owner or licensed recruitment and placement service or their representative on their behalf:		23. Signature of seafarer with place and date:
1. Signed-on ashore:	2 Signed-off ashore:	2. Signed-on ashore:	2. Signed-off from ship:
Place: ………………………… Date: …………………………	Place: ………..……….………. Date: ………………………….	Place: ………………………… Date: …………………………	Place: ………………………… Date: …………………………

 

 

 

		3. Signed-on ship:     Place: ………………………… Date: …………………………		4. Signed-off ashore:     Place: ………………………… Date: …………………………
24. Signature with place and date and stamp of master:
1. Signed-on ship: Place: ………………………. Date: ………………………..			2. Signed-off from ship: Place: …………………………. Date: ……………………………
Remarks (if any) with signature, place and date by seafarer / master/ ship owner/ licensed recruitment and placement service or their representative on their behalf/ shipping master / SPFO / SWFS:

 

Contractual clauses/terms and conditions:

1. This agreement between master/ shipowner/ licensed recruitment and placement service or their representative on their behalf and the seafarer is subject to the condition that the seafarer will serve in capacity/rank on wages as indicated with other terms of employment and service conditions as per the relevant Collective Bargaining Agreement sector-wise, or Seafarer’s Employment Agreement, as applicable.
2. This agreement shall be for serving in the area and for the period as agreed in applicable Collective Bargaining Agreement or Seafarer’s Employment Agreement, as applicable, from the date of the first signature in this agreement.
3. It is hereby agreed that the said seafarer will be supplied with provisions as applicable Collective Bargaining Agreement or Seafarer’s Employment Agreement, as applicable, or in accordance with Maritime Labour Convention 2006 provisions, whichever is higher.
4. It is agreed that the rights, duties and the terms of employment of seafarers and the obligations of ship owners shall be governed by applicable Collective Bargaining Agreement/ Seafarer’s Employment Agreement/ the provisions of ILO Conventions ratified by the flag State, relevant Acts of the flag State, the rules/notices/circulars/orders made
5. Master should keep on board a copy of applicable Collective Bargaining Agreement/ Seafarer’s Employment Agreement/ the provisions of ILO Conventions ratified by the flag State, relevant Acts of the flag State, the rules/notices/circulars/orders made These documents should be made available to seafarers working on the ship, their lawful representatives and other legitimate authorities for their perusal at any reasonable time.
6. In relation to an individual seafarer, this agreement may be terminated –
   • by mutual

 

 

• if medical evidence indicates that a seafarer is incapable of continuing to perform his duties by reason of illness or injury;
• if a seafarer is absent without leave at a time fixed for sailing; or
• if in the opinion of the master, continued employment of the seafarer is likely to endanger the ship or any person on board.

7. Health and social security benefits include payment by the shipowner of any costs incurred in respect of any sickness or injury occurring between the date on which they commenced duty on board a ship and the date on which they are deemed to have been duly repatriated. This also includes payments that shipowners are required to make in respect of the death or long-term disability of a seafarer due to an occupational injury, illness or hazard occurring while the seafarer is serving under a Seafarer’s Employment Agreement or arising from their employment under such agreement, and compensation in case of loss or foundering of the ship.
8. The repatriation of the seafarers shall be at no cost to seafarers, on conditions mentioned in clause 15.1 of the Seafarer’s Employment Agreement. The provision under ‘Others ’include:
   • where the Seafarers ’Employment Agreement expires;
   • when the Seafarers ’Employment Agreement is terminated, –
     • by the ship owner; or
     • by the seafarer, for justified reasons, as per Collective Bargaining Agreement or Seafarers ’Employment Agreement;
   • when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances, as per Collective Bargaining Agreement or Seafarers ’ Employment Agreement;
   • on compassionate grounds as per Collective Bargaining Agreement or Seafarers ’Employment Agreement;
   • in case of abandoned
9. The period of employment in the Seafarer’s Employment Agreement shall be deemed extended if it has been extended on mutual agreement between the seafarer and the ship owner.
10. There shall be a system-generated copy and five sets of Seafarers ’Employment Agreement shall be printed and signed (physically and electronically) in original for distribution as follows:
    • Set 1: Master on board
    • Set 2: Seafarer
    • Set 3: Ship owner/Employer/Licensed recruitment and placement service/their representative on behalf of ship owner
    • Set 4 and 5: Retained with Ship owner/employer/Licensed recruitment and placement service/their Representative until the set 3 (duly signed by master and seafarer) has been received by the employer/RPS after the seafarer has been signed off from the ship.

 

Note: A copy of set 3 shall be submitted to SPFO, SWFS and Shipping Office along with the payment of SPF and Welfare fund.

[F. No. SY-19014/197/2025-MG-Part(2)]

VENKATESAPATHY S Jt. Secy.

Read more

for more refer Gazette website click here

for more refer YouTube Subscribe website click here