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.