PREAMBLE
Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows
Prefatory Note Statement of Objects and Reasons. The Merchant Shipping Act, 1958, as amended from time to time, provides for matters relating to merchant shipping in India. The objective of the said Act is to ensure the development and efficient maintenance of the Indian mercantile marine in a manner best suited to serve the national interests.
2. India is a member of International Labour Organisation (ILO), Geneva. India has acceded to various ILO Conventions. Now, India intends to accede to the International Labour Organisation's instrument C-186, known as the Maritime Labour Convention, 2006 (herein referred to as the MLC). This Convention is considered as the 'Bill of Rights' for the seafarers across the world, given that shipping, as an industry, is, intrinsically, global in nature. The MLC provides for international standards for the living and working conditions, of seafarers, including their food, accommodation, medical care, repatriation, social security, and recruitment.
3. The main purposes of the said Convention are:
(i) to bring the system of seamen's protection contained in the existing labour standards closer to the workers concerned, in a form consistent with the rapidly developing and globalised sector; and
(ii) to improve the applicability of the system so that ship owners and governments interested in providing decent conditions of work to their respective national seafarers do not have to bear an unequal burden in ensuring their protection.
4. Paragraph 4 of Article II of the said Convention provides that except as expressly provided for otherwise, the provisions of the said Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and traditionally built dhows and junks, but does not apply to warships or naval auxiliaries.
5. On ratification of the MLC, India will ensure an improvement in the working and living conditions, and employment rights of Indian national seafarers, and provide, inter alia, the following benefits to them:
(a) safe and secure workplace on a ship;
(b) fair terms of employment;
(c) decent working and living conditions on a ship; and
(d) right to health protection, medical care and other social protection.
6. The Central Government has approved the ratification of the MLC. Therefore, it is proposed to amend the Merchant Shipping Act, 1958, to make enabling provisions for implementation and enforcement of the MLC; and thereby making it mandatory for Indian flag vessels to comply with the provisions of the said Convention and to obtain a Maritime Labour Certificate to that effect for the Indian flag vessels.
7. Under the provisions of the Merchant Shipping (Second Amendment) Bill, 2013, every Indian flag vessel of 500 gross tonnage or more and engaged in international voyage (s), would be issued with a Maritime Labour Certificate after an inspection of the ship concerned. This will enable them to get preferential treatment and exemption from their inspection for this purpose at foreign ports thereby reducing operational time and transaction costs for them. Further, India will be to ensure that all foreign flag vessels entering the territorial waters of India, or any marine areas adjacent thereto, over which India has, or may hereafter have an exclusive jurisdiction, are subject to an inspection under the MLC, by which the rights of all seafarers regardless of their nationality are protected.
8. The Bill seeks to achieve the above objectives.
(1) This Act may be called the Merchant Shipping (Second Amendment) Act, 2014.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
In the Merchant Shipping Act, 1958 (44 of 1958) (hereinafter referred to as the principal Act), in Part VII, under the heading, for the sub-heading, the following sub-heading shall be substituted, namely
Classification of seamen, seafarer, maritime labour standards and prescription of minimum manning scale. .
In the principal Act, after Section 88, the following sections shall be inserted, namely
88-A. Definitions. In this Part, unless the context otherwise requires,
(a) Declaration of Maritime Labour Compliance means a declaration issued by the Director-General of Shipping or by any officer, authority or organisation authorised by him in this behalf, in respect of a ship that it meets with the requirements and standards set out in the provisions of the Maritime Labour Convention;
(b) Maritime Labour Certificate means the certificate issued by the Director-General of Shipping or by any officer, authority or organization authorised by him in this behalf, in accordance with the provisions of the Maritime Labour Convention;
(c) Maritime Labour Convention means the International Convention of Maritime Labour Organisation on Maritime Labour Standards signed in Geneva on the 23rd February, 2006;
(d) seafarer means any person who is employed or engaged or works in any capacity on board a sea going ship, but does not include
(i) the employment or engagement or work on board in any capacity of any person in a ship of war; or
(ii) any Government ship used for military or non-commercial purposes.
88-B. Application of maritime labour standards to seafarers and ships. (1) The provisions relating to maritime labour standards as contained in the Maritime Labour Convention, shall apply to all seafarers and ships engaged in commercial activities, but does not include
(a) 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;
(b) ships engaged in fishing activities;
(c) traditionally built ships such as dhows and junks;
(d) ships of war or naval auxiliaries.
(2) Subject to the provisions of sub-section (1), the Central Government may, on the recommendation of the Director-General of Shipping, by order, extend the provisions of the said sub-section to ships not engaged in commercial activities with such exceptions and modifications as it may consider necessary.'.
In Section 91 of the principal Act, for the words boys not under fifteen years of age , the words young persons not under the age of sixteen years shall be substituted.
In Section 92 of the principal Act,
(a) for sub-section (1), the following sub-section shall be substituted, namely
(1) The apprenticeship of any person to the sea service shall be by contract in writing between the apprentice or if he is a young person, then, on his behalf by his guardian, and the master or owner of the ship requiring the apprentice. ;
(b) in sub-section (3),
(i) in clause (a), in sub-clause (iii), for the words fifteen years , the words sixteen years shall be substituted;
(ii) in clause (b), for the words a minor the words an young person shall be substituted.
In Section 95 of the principal Act, in the Explanation, clause (b) shall be omitted.
In Section 99-A of the principal Act, the Explanation thereto shall be omitted.
In Section 101 of the principal Act, in sub-section (2),
(i) after clause (c), the following clause shall be inserted, namely
(cc) hours of work and rest in a week, as may be prescribed; ;
(ii) after clause (f), the following clause shall be inserted, namely
(ff) the entitlement for leave, as may be prescribed; ; and
(iii) in clause (j), for the words arising out of and , the words arising out of employment or shall be substituted;
(iv) after clause (k), the following clause shall be inserted, namely
(kk) the terms of agreement with the crew shall be determined after consultation with such organisations in India as the Central Government may, by order, notify to be the most representative of the employers of seamen and of seamen. .
For Section 109 of the principal Act, the following section shall be substituted, namely
109. Prohibition of engagement of under age persons in certain cases (1) No person under the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship.
(2)(a) No young person shall be engaged in night work.
(b) The period of night work shall be such, as may be prescribed:
Provided that the Director-General of Shipping,
(i) for giving effective training; or
(ii) for performing a specific nature of duty,
At night, may, by order permit engagement of any young person in night work which shall not be detrimental to the health or well being of such young person. .
Section 110 of the principal Act, shall be omitted.
For Section 113 of the principal Act, the following section shall be substituted, namely
113. Power to make rules respecting employment of young persons The Central Government may make rules for the purposes of employment of young persons, prescribing
(a) the authorities, whose certificates of physical fitness shall be accepted for the purposes of Section 111;
(b) the form of register of young persons to be maintained in ships where there is no agreement with the crew. .
In Section 132 of the principal Act, in sub-section (1), for clause (a), the following clause shall be substituted, namely
(a) where the amount in dispute is up to five lakh rupees or such higher amount not exceeding ten lakh rupees, as the Central Government may, by notification, specify, at the instance of either party to the dispute; .
In Section 168 of the principal Act, after sub-section (6), the following sub-sections shall be inserted, namely
(7) The master of the ship or any person having charge over the ship shall maintain such standards, in accordance with the provisions of the Maritime Labour Convention, for the quantity and quality of food and drinking water, and the catering standards applicable to food provided to the seamen on ships, as may be prescribed.
(8) The master of the ship or any person having charge over the ship shall undertake educational activities to promote awareness and implementation of the standards referred to in sub-section (7). .
In Section 173 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely
(1) Every foreign-going ship carrying
(a) more than the prescribed number of persons (including the crew), shall have on board as part of her complement a medical officer possessing such qualifications; and
(b) less than the prescribed number of persons shall have such medical facilities,
As may be prescribed, in accordance with the provisions of the Maritime Labour Convention. .
After Section 176 of the principal Act, the following section shall be inserted, namely
176-A. Ships to possess Maritime Labour Certificate and Declaration of Maritime Labour Compliance (1) All ships of five hundred tons gross or more and engaged in international voyage or operating from a port, or between ports, in another country, shall possess a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance.
(2) Ships not covered under sub-section (1) shall, unless, exempted by the Central Government, possess such certificate in such manner and form, as may be prescribed.
(3) The shipping master, surveyor, seamen's welfare officer, port health officer, Indian consular officer, or any other officer at any port duly authorised in this behalf by the Central Government, may inspect any ship, in such manner as may be prescribed, and the master of the ship or any person having charge over the ship shall make available to such inspecting officer, the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. .
After Section 218 of the principal Act, the following section shall be inserted, namely
218-A. Power to make rules for purposes of Maritime Labour Convention (1) The Central Government may, having regard to the provisions of the Maritime Labour Convention, and in consultation with such organisations in India as the Central Government may, by order, notify to be the most representative of the employers of seamen and of seamen, make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely
(i) the hours of work and rest in a week under clause (cc) of sub-section (2) of Section 101;
(ii) the entitlement for leave under clause (ff) of sub-section (2) of Section 101;
(iii) the period of night work under clause (b) of sub-section (2) of Section 109;
(iv) standards for the quantity and quality of food and drinking water, including the catering standards that apply to food provided to the seamen on ships, under sub-section (7) of Section 168;
(v) the qualifications of medical officer under clause (a) and the medical facilities under clause (b) of sub-section (1) of Section 173;
(vi) the manner and form of certificate to be provided to ships under sub-section (2) of Section 176-A;
(vii) the manner of conducting inspection in a ship to verify possession of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance under sub-section (3) of Section 176-A;
(viii) any other matter which may be or is to be prescribed relating to the Maritime Labour Convention. .
In Section 436 of the principal Act, in sub-section (2), in the Table, against Serial Number 25,
(a) in column (2), the word and figures Section 110 , occurring at both the places shall be omitted; and
(b) in column (3), the figures 110, shall be omitted.
1. Received the assent of the President on December 9, 2014 and published in the Gazette of India, Extra., Part II, Section 1, dated 10th December, 2014, pp. 1-5, No. 38.