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INDIAN REGISTER OF SHIPPING
CMMI Seminar
Responsibility of Stake Holders
under MLC
26th May 2018
Presented by: Capt. V. J. Makuden
 The Central Govt. had notified M.S. (Maritime Labour) Rules, 2016, which
came into force from 29.02.2016 vide the Ministry of Shipping Govt. of India’s
Notification G.S.R. 202 (E).
 For Indian Ships of GRT 500 and above, the DGS, Govt. of India, through M.S.
Notice No. 16 of 2016 dated 08/12/2016, had laid down an elaborate and
comprehensive administrative procedure for the inspection & certification.
 To implement the provisions of MLC 2006 on ships less than 500 GRT, Indian
River Sea Vessel (DGS order 18 of 2013 as amended) and Indian Coastal Vessel
(DGS order 01 of 2014 as amended) the DGS, Govt. of India has issued M.S.
Notice No. 09 of 2017 dated 16/11/2017 as guidelines / procedures to be
followed for certification of such ships.
Background
2
 Indian flag vessels less than 500 GT / Indian Coastal
vessels / River-Sea vessels – MS Notice 09 of 2017.
 Implementation started from 16th November 2017.
 Initial Verification from next Annual/ intermediate /
Renewal survey due 3 months after issuance of M.S,
Notice 09 of 2017 i.e. from 16th February 2018.
 MLC Certification of Indian coastal vessels is being
harmonized with vessel renewal surveys.
Implementation of MLC on Coastal vessels:
3
For Ship Owners:
1. (of above categories of ships) need not apply separately to the
Registrar for issuance of DMLC Part I (Annexure-1 of notice
shall serve as DMLC Part I).
2. Prepare DMLC Part II (format in Annexure-2 of notice).
3. Signed DMLC Part II – copy to be submitted to the Registrar
along with copies of valid Financial Securities [Rule 12 & 19 of
MS (Maritime Labour) Rules 2016].
4. Original signed DMLC Part II to be placed on board.
Guidelines for Certification
4
For Inspectors of Recognized Organization (RO):
1. To ensure original DMLC Part II is available on
board.
2. To verify compliance in accordance with the
Checklist (Part A of Annexure-3 of the notice).
3. To issue Statement of Compliance on satisfactory
completion of MLC inspection (Format given in Part
B of Annexure-3 of the notice)
5
Guidelines for Certification Contd…….
1. The validity of the SOC shall not be for more than 5 years from the
date of its issue.
2. When the first MLC inspection is carried out in between the survey
cycle, the validity will be up to the next renewal survey date.
3. Minimum 2 inspections shall be carried out in any 5 years period
with interval between 2 inspections not exceeding 3 years.
4. The original completed Part A and Part B duly filled, stamped and
signed by the RO shall be available on board as evidence of
compliance to MLC requirements.
Validity of Statement of Compliance (SOC)
6
1. DMLC Part II:
 To be prepared and signed by the ship’s operator (The registered owner
may not necessarily be the ship’s operator).
 The measures adopted to comply with DMLC Part I are not specified.
 The format of DMLC Part II copied from M.S. Notice 16 of 2016.
2. Medicine Chest:
 Unaware of medicine requirements [refer M.S.(Medicines, Medical stores
& appliances) Rules 1994].
Clarifications:
7
3. Common Bargaining Agreement (CBA):
 Not a mandatory requirement, however Seafarers’
Employment Agreement (SEA) is required [to contain the
particulars specified in sub-rule 5 of Rule 8 of MS(Maritime
Labour) Rules 2016].
4. Financial Securities:
 Not necessarily from a P & I Club. May be from any
Financial Security Provider.
5. Any other clarification required?
8
Clarifications: Contd…..
 In April 2013 the first Indian Flag Ship was inspected for MLC,
2006 compliance and issued Statement of Compliance (SOC).
Thereafter, when India ratified the Convention, the SOC’s issued
were converted to Maritime Labour Certificates.
 As of today all Indian Flag foreign going vessels are issued with
Maritime Labour Certificates.
 Indian Register of Shipping has actively participated in the
formulation of M.S. Notice for vessels less than 500 gt/ Indian
Coastal Vessels/ River-Sea Vessels.
9
IRS Participation in implementation of MLC
Capt Varghese Jose Makunden - IRS - MLC Presentation

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Capt Varghese Jose Makunden - IRS - MLC Presentation

  • 1. INDIAN REGISTER OF SHIPPING CMMI Seminar Responsibility of Stake Holders under MLC 26th May 2018 Presented by: Capt. V. J. Makuden
  • 2.  The Central Govt. had notified M.S. (Maritime Labour) Rules, 2016, which came into force from 29.02.2016 vide the Ministry of Shipping Govt. of India’s Notification G.S.R. 202 (E).  For Indian Ships of GRT 500 and above, the DGS, Govt. of India, through M.S. Notice No. 16 of 2016 dated 08/12/2016, had laid down an elaborate and comprehensive administrative procedure for the inspection & certification.  To implement the provisions of MLC 2006 on ships less than 500 GRT, Indian River Sea Vessel (DGS order 18 of 2013 as amended) and Indian Coastal Vessel (DGS order 01 of 2014 as amended) the DGS, Govt. of India has issued M.S. Notice No. 09 of 2017 dated 16/11/2017 as guidelines / procedures to be followed for certification of such ships. Background 2
  • 3.  Indian flag vessels less than 500 GT / Indian Coastal vessels / River-Sea vessels – MS Notice 09 of 2017.  Implementation started from 16th November 2017.  Initial Verification from next Annual/ intermediate / Renewal survey due 3 months after issuance of M.S, Notice 09 of 2017 i.e. from 16th February 2018.  MLC Certification of Indian coastal vessels is being harmonized with vessel renewal surveys. Implementation of MLC on Coastal vessels: 3
  • 4. For Ship Owners: 1. (of above categories of ships) need not apply separately to the Registrar for issuance of DMLC Part I (Annexure-1 of notice shall serve as DMLC Part I). 2. Prepare DMLC Part II (format in Annexure-2 of notice). 3. Signed DMLC Part II – copy to be submitted to the Registrar along with copies of valid Financial Securities [Rule 12 & 19 of MS (Maritime Labour) Rules 2016]. 4. Original signed DMLC Part II to be placed on board. Guidelines for Certification 4
  • 5. For Inspectors of Recognized Organization (RO): 1. To ensure original DMLC Part II is available on board. 2. To verify compliance in accordance with the Checklist (Part A of Annexure-3 of the notice). 3. To issue Statement of Compliance on satisfactory completion of MLC inspection (Format given in Part B of Annexure-3 of the notice) 5 Guidelines for Certification Contd…….
  • 6. 1. The validity of the SOC shall not be for more than 5 years from the date of its issue. 2. When the first MLC inspection is carried out in between the survey cycle, the validity will be up to the next renewal survey date. 3. Minimum 2 inspections shall be carried out in any 5 years period with interval between 2 inspections not exceeding 3 years. 4. The original completed Part A and Part B duly filled, stamped and signed by the RO shall be available on board as evidence of compliance to MLC requirements. Validity of Statement of Compliance (SOC) 6
  • 7. 1. DMLC Part II:  To be prepared and signed by the ship’s operator (The registered owner may not necessarily be the ship’s operator).  The measures adopted to comply with DMLC Part I are not specified.  The format of DMLC Part II copied from M.S. Notice 16 of 2016. 2. Medicine Chest:  Unaware of medicine requirements [refer M.S.(Medicines, Medical stores & appliances) Rules 1994]. Clarifications: 7
  • 8. 3. Common Bargaining Agreement (CBA):  Not a mandatory requirement, however Seafarers’ Employment Agreement (SEA) is required [to contain the particulars specified in sub-rule 5 of Rule 8 of MS(Maritime Labour) Rules 2016]. 4. Financial Securities:  Not necessarily from a P & I Club. May be from any Financial Security Provider. 5. Any other clarification required? 8 Clarifications: Contd…..
  • 9.  In April 2013 the first Indian Flag Ship was inspected for MLC, 2006 compliance and issued Statement of Compliance (SOC). Thereafter, when India ratified the Convention, the SOC’s issued were converted to Maritime Labour Certificates.  As of today all Indian Flag foreign going vessels are issued with Maritime Labour Certificates.  Indian Register of Shipping has actively participated in the formulation of M.S. Notice for vessels less than 500 gt/ Indian Coastal Vessels/ River-Sea Vessels. 9 IRS Participation in implementation of MLC

Editor's Notes

  1. Explanation of Ship Owner: For MLC the ship owner is the one who is the operator of the ship. (Generally DOC holder where applicable). DMLC Part I: Specifying the national requirements for complying with MLC, 2006. DMLC Part II: States the measures adopted by the shipowner for complying with the national requirement specified in DMLC Part I.