This document discusses the implementation of the Maritime Labour Convention (MLC) in India, noting both progress and challenges. It outlines how provisions have been incorporated through amendments to existing laws and rules. While many large Indian ships are now compliant, issues remain regarding smaller coastal vessels and facilities. Monitoring of recruitment and placement services also needs improvement to address non-compliance and data integrity problems. Overall implementation is an ongoing process, but electronic governance initiatives have helped reduce exploitation while still requiring further refinement. Continued efforts are needed on various fronts to fully realize MLC standards in India.

1. Implementation of
Maritime Labour Convention
Difficulties and Remedies.
In Indian Context.
Capt. L. K . PANDA
Nautical Adviser to Govt of India ( Retired )
0LKP - CMMI - 28.06.2019

2. STATUS OF
IMPLEMENTAION
MLC 2006 AS AMENDED M S ACT./RULES IN FORCE.
ESTABLISHED IN 2006 ADEQUATE PROVISIONS
EXISTED IN MS ACT AT PART
IV.
IN FORCE FROM 2013 AMENDED IN 2014, NEW
SECTIONS ADDED , 88.218-A
Etc.
AMENDED IN 2014 in force M S ML RULES IN FORCE 2016
AMENDEDIN 2016 (Yet to come
into force)
MS RPSL RULES IN FORCE
2016
FORMAT WITH 16 ARTICLES, 5
TITLES, REGULATIONS,
STANDARDS AND CODES
FORMAT IS BY WAY OF ACT,
RULES, ORDERS/MS NOTICES
FROM TIME TO TIME
1LKP - CMMI - 28.06.2019

3. STATUS OF COMPLIANCE -
1
M.S. Maritime Labour Rules 2016
addresses the main objectives of the
MLC, though not in the same format .
Article II-2 …...............................
Rule 2
Regln. 1.1 Minimum age ...
Rule 4
Regln. 1.2 Medical certfificate
Rule 5
Regln. 1.3 Training and Qualification
Rule 6 2LKP - CMMI - 28.06.2019

4. Implementation on Indian
Ships
 Prior MS Act amendment, Certificate
of Compliance through the RO( IACS
Members ).
 Primarily applicable to FG Indian
Ships above 500 GT. As per MLC
requirements of DMLC I, II & the MLC.
 For Coastal and RSV, MS notices
issued from time to time meeting
partial need of the MLC, but SOC is
issued .
 Not applicable to IV, Port Crafts, FV
3LKP - CMMI - 28.06.2019

5. Implementation for Indian
Seafarers
 Provisions under the Act remain supreme.
 M.S.RPS Rules 2016 in force for seafarers
which mandates licensing of placement
services.
 All RPS categorized in to 5 sections based on
capacity and Bank Gurantee mandated.
 Registration and Responsibility of RPS holder
is defined in Rule 4& 5 (a to z)
 RO nominated to carry out audit and
certification.
 E-MIGRATE INITIATED FORM 2018.
 ON-LINE ACCOUNTABILTY
COMMENCED FROM 2018. 4LKP - CMMI - 28.06.2019

6. Indian ships - Implementation
issues
 About 600 Indian ships have come
under the ambit through MLC
certificate or methods as per DGS
directives, or MS notices.
 Insurance/security aspects for FG
vessels are in order but the coastal
vessels remain an unsolved area.
 Facilities (Under title 3,4) need to be
addressed.
5LKP - CMMI - 28.06.2019

7. Compliance - Seafarers, on
Indian as well as foreign flag
ships
 No of Seafarers 2.2.L+ 30k(??)
 Estimated employment of 40K on Indian Ships,
1.40L with bigger ship managers & 40K on smaller
RPSL holders.
 For 1.80L seafarers, we have nearly 400 RPSL
holders.
 +100 RPSL have been suspended/Invalid.
 E-migrate, though is effective at major airports but
complete implementation is still far way.
 On-line module initiated by DGS has significantly
reduced illegal practices but still needs
improvement
6LKP - CMMI - 28.06.2019

8. Observations
 Several non-compliance by RPSL
holders observed. Regulation 1.4(
Recruitment & Placement )of MLC n
Regulation 5 of MS RPS Rules.
 Non-compliance of regulation 2.1(
seafarers employment agreement)
 Wrong data entry in DGS module for
RPSL holders.
 Wages, insurance etc.
 In adequate monitoring at the audit
stage.
7LKP - CMMI - 28.06.2019

9. Impact of DGS Dedicated
module for RPSL holders & E-
governace
 Drastic reduction in exploitation of
seafarers.
 Data analysis and accountability
 Facilitation to seafarers for verifying
their record (E mail, etc.)
 Has limitation, since it is based on self
declaration.
 Data can be deleted & post-dated
sign-off can be entered.
8LKP - CMMI - 28.06.2019

10. Way ahead
 Awareness training of RPSL, Seafarers n
all involved.
 Plugging the gaps in the E-Governance.
 Improvement in monitoring and control.
 Data analysis and evaluation.
 Feedback mechanism.
 Insurance aspects (?)
 Facilitation to coastal ships.
 Monitoring of Indian ships by all including
the Unions.
9LKP - CMMI - 28.06.2019

11. IMPLEMENTAION OF MLC IS A
CONTINUOUS PROCESS AND
WE HAVE COME A LONG WAY
BUT HAVE MILES TO GO.
THANK YOU FOR YOUR
PATIENCE
10LKP - CMMI - 28.06.2019