THE MERCHANT SHIPPING (SECOND AMENDMENT) ACT, 2014

(NO. 32 OF 2014)

[9th December, 2014.]

An Act further to amend the Merchant Shipping Act, 1958.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

1. (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.

2. In the Merchant Shipping Act, 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.".

3. In the principal Act, after section 88, the following sections shall be inserted,

namely:—

‘88A. 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

Short title

and

commencement.

Substitution

of sub-

heading in

PART VII.

Insertion of

new sections

88A and 88B.

Definitions.

44 of 1958.

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 10th December, 2014/Agrahayana 19, 1936 (Saka)

The following Act of Parliament received the assent of the President on the

9th December, 2014, and is hereby published for general information:—

2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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 organisation

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.

88B. (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.'.

4. 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.

5. 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.

6. In section 95 of the principal Act, in the Explanation, clause (b) shall be omitted.

7. In section 99A of the principal Act, the Explanation thereto shall be omitted.

Application

of maritime

labour

standards to

seafarers and

ships.

Amendment

of section 91.

Amendment

of section 92.

Amendment

of section 95.

Amendment

of section

99A.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

3

8. 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.".

9. For section 109 of the principal Act, the following section shall be substituted,

namely:—

"109. (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.".

10. Section 110 of the principal Act, shall be omitted.

11. For section 113 of the principal Act, the following section shall be substituted,

namely:—

"113. 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.".

12. 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;".

13. 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

Amendment

of section

101.

Substitution

of new

section for

section 109.

Prohibition

of

engagement

of underage

persons in

certain cases.

Omission of

section 110.

Substitution

of new

section for

section 113.

Power to

make rules

respecting

employment

of young

persons.

Amendment

of section

132.

Amendment

of section

168.

4

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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).".

14. 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.".

15. After section 176 of the principal Act, the following section shall be inserted,

namely:—

"176A. (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.".

16. After section 218 of the principal Act, the following section shall be inserted,

namely:—

"218A. (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 nignt work under clause (b) of sub-section (2) of

section 109;

Amendment

of section

173.

Insertion of

new section

176A.

Ships to

possess

Maritime

Labour

Certificate

and

Declaration

of Maritime

Labour

Compliance.

Insertion of

new section

218A.

Power to

make rules

for purposes

of Maritime

Labour

Convention.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

5

(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 176A;

(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 176A;

(viii) any other matter which may be or is to be prescribed relating to the

Maritime Labour Convention.".

17. 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.

————

DR. SANJAY SINGH,

Secretary to the Govt. of India.

Amendment

of section

436.

GMGIPMRND—3502GI(S3)—11-12-2014.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.