Permission to foreign seafarers to be employed on Indian flag vessels.
Background:
1. Shipping industry is one of the most globalized industries operating in a highly competitive business environment that is far more liberalized than most of the other industries and is, thus, intricately linked to the world economy and trade. This peculiar structure of the industry throws both opportunities as well as challenges as it opens the global markets for Indian shipping companies, while at the same time exposing them to global competition even on their home turf. In view of the continued liberalization and increasing globalization of the Indian economy, India’s overseas trade has been growing at a rapid pace.
2. As a conscious policy, it has been the endeavour of the Directorate to promote the employment of Indian seafarers worldwide. At the same time, it is the responsibility of the Indian Administration to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interest. With the growing tonnage to meet expanding Indian international trade, it has become necessary to ensure that adequate and quality seafarers are made available to Indian shipowners.
3. In view of the importance of marine safety and pollution as well as maritime security to the international community, the Maritime Administrations world over have become very active and less tolerant to any shortcomings in compliance with the mandatory codes. The task of maintaining compliance with the international and national regulations is an onerous one and depends upon the quality of seafarers manning ships.
4. Indian National Shipowners� Association (INSA) has been making repeated representations for quite sometime about shortage of Indian officers. The issue has been formally raised in more than one interactive meeting with industry and INSA has given detailed presentations contending that despite all steps taken to recruit and retain Indian seafarers, they are unable to get regular and quality Indian seafarers to work on Indian vessels resulting in adverse implications such as increased accidents / incidents, higher detention and oil major approval failures. Indian Shipowners have also represented that they have to trade in the international arena facing international competition but they do not have flexibility to recruit seafarers from other nations, while foreign shipping companies can recruit manpower from India. It has been also brought out that in the early days after independence, foreign nationals were permitted on Indian ships even as late as the 70’s.
Indian Legal Framework;
5. Section 76 of M.S. Act, 1958 states that “Every Indian ship when going to sea from any port or place shall be provided with officers duly certified under this Act, in accordance with such manning scale as may be prescribed.” Section 86 of Merchant Shipping Act provides for recognition of Certificate of Competency granted in other countries subject to certain conditions. Therefore, under section 86 of MS Act, seafarers who hold certificates granted by a country whose certificates are recognized as equivalent to the corresponding Certificates of Competency granted under this act, may be employed on Indian vessels to meet the mandatory requirements of Section 76. Section 99 prohibits engagement of seaman on Indian ships without discharge certificate except on a Home Trade Ship of less than 200 Tons Gross.
Exemption under Section 456(1) of M.S. Act, 1958
6. In the light of the foregoing, taking into careful consideration the circumstances of the case, the Directorate General of Shipping is convinced that there is a serious shortage of qualified seafarers which is proving to be detrimental to the growth of Indian tonnage and adversely affecting the smooth operation of the Indian fleet and that the demand of Indian shipowners to allow them to recruit a limited number of foreign nationals to work on board Indian Ships in both nautical and engineering discipline is a reasonable one and in the larger national interest.
7. Having being satisfied , in exercise of the powers conferred by clause (1) of Section 456 of the Merchant Shipping Act, 1958 read with notification issued by the Government of India vide S.O. No.3144 dated 17th December, 1960, the Director General of Shipping and Ex-officio Additional Secretary to the Govt. of India ( DGS) is pleased to grant, with effect from the date of issue of this Circular and till further orders, a relaxation to all Indian ships from compliance with the requirements of Section 76 and 99 of the Merchant Shipping Act, 1958, subject to the following conditions:
I. The manning shall be in accordance with the prescribed “Safe Manning Document”;
II. Not more than two foreign national seafarers shall be engaged in a ship at a time, and the Master of the Indian Flag ship must be of Indian Nationality.
III. In case of emergency / SOS /death of Master at Sea / on board ship, responsibility to handle and
maintain safe custody of classifed publications should be given to the next in command as per hierarchy who is of Indian National.
IV. Foreign national seafarers employed on Indian vessels, as provided under this notification, shall
belong to any of the following countries:
- Bulgaria
- Croatia
- Estonia
- Georgia
- Latvia
- Lithuania
- Italy
- Malaysia
- Romania
- Russia
- United Kingdom
- Ukraine
V. Such foreign national seafarers holding Certificates of Competency issued by or under the authority of maritime administrations other than India should have in their possesion a Continuous Discharge Certificate (CDC) or a Certifificate of Discharge issued to them by the national administation of the seafarer. In addition they should have the knowledge of legislation of Indian administration relevant to the functions they are to perform on Indian ships subject to satisfactory assessment by this Directorate, or they should have undergone 3 (three) days’ approved course on National Maritime Law conducted by the Lal Bahadur Shastri College of Advanced Maritime Studies & Research (LBSCAMSAR), Mumbai;
VI. Such foreign national ought to have obtained an endorsement from the Indian Maritime
Administration under Regulation 1/10 of the STCW 1995.
VII. The permission for employment of foreign Nationals on board Indian Flag Vessals shall be taken on a case to case basis. When applying for permission, the shipping company shall also show proof of having the necessary clearances from the Ministries of Home Affaris and External Affairs.
8. This Order and exemption shall apply only for the category of seafarers who are certified as Officers and not seamen, who do not belong to the category of seamen certified as Officers.
Source: DGS
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Comments
I have some further information on Georgian Certificates (which are recognised by the Govt of India) as valid for service on Indian ships.
1. The Master’s certificate was issued because the individual had a Panama Ch Mate Certificate + experience.
2. Yhe Panama Ch Mate Cert was issued on the basis of a Panama 2nd Mate Cert +experience.
3. The Panama 2nd Mate Cert was issued on the basis of 3 yrs sea service as cadet.
In effect this person has a Master’s ticket without having undergone ANY (including pre-sea) training or having undergone a SINGLE examination.
Is any one listening?
A side piece - This person has several CDC entries as Master. According to him one ship was “Moroni” flag - a country somewhere in West Africa. On being pt to him that there is no suchcountry, he explained that that was the Port of Registry but he could not remember the flag. A “Master” who cannot remember the flag of his own ship!!
THE WAY PERMiSSION HAS BEEN GIVEN BY DGS TO EMPLOY FORIEGN NATIONAL IS AS GOOD AS NOT HAVING IT FOR FOLLOWING REASONS
1.Getting required permission from ministry of external affairs and home is not possible every time the need arises to employ a foreign national and there after we have to approach DGS giving reasons for our need.Is it practical? Why we can not follow other flags such as Singapore NORWEGIAN apart from FOCS.
2.What is the need for three days approved course on Indian maritime law?3.Dgs have not permitted to employ from the countries who are supplying max sea farerssuch as PHILIPINES and CHINA
PANAMIAN MARITIME HAS GIVEN RECOGNITION TO SWAMIVIVEKANAND UNIVERSITY OF MERCHANT NAVY.ACCORDING TO PANAMIAN CONSULATE THIS IS DERECOGNISE FROM OCT08 ONWARDS.WHAT ABOUT THOSE CANDIDATES WHO HAVE ALREADY DONE THEIR COURSES BEFORE OCT08 AND WAITING FOR THEIR COC FROM NO HELP FROM CONSULATE.
WHY THEIR IS NO ADVT WARNING TO THE CANDIDATES.
HELP REQUIRED FROM PANAMIAN CONSULATE.THERE ARE GENUINE CANDIDATES WHO HAVE APPEARED FOR THE COC.BLUE CHIT ISSUED.
Dear Sir,
The list of foreign nationals who are eligible to work on Indian flagged ships does not include Singaporians. But can the persons who are Indains by birth, holding Indian CDC, COC issued by UK, served on Indian flagged ships for many years but Migrated to Singapore due to family commitments join Indian Flagged ships?. What provisions are given to them and what procedures to be followed.
Dear Sir,
The list of foreign nationals who are eligible to work on Indian flagged ships does not include Singaporians. But can the persons who are Indains by birth, holding Indian CDC, COC issued by UK, served on Indian flagged ships for many years but presently have become Singapore Nationals with Singapore passport due to family commitments join Indian Flagged ships?. What provisions are given to them and what procedures to be followed.
Dear Sir,
The list of foreign COC who are eligible to work on Indian flagged ships does not include Panamanian COC. But can the persons who are Indains by birth, holding Panamanian COC, served on Indian flagged Dredgers.
I hold a certificate of service and a valid dce for Oil level 2.I recently applied to an Indian Company running coastal tankers between Indian ports.I have been informed that the latest regulation of DG Shipping India does not permit Indian COS holders to be employed on Indian coasts if the vessel has been registered as FG and Coastal in the certificate of registry although the vessel has got voyage charter limited to Indian ports for a stipulated period.
I wish someone could advise me as to how to convert my COS FG to NCV,which would help me seek gainful employment.I have served on all type of vessels including Oil Tanker,Container,Bulk carrier,OSV,Dredger and Passenger vessels since 2001 as MASTER and all my certificates are revalidated and duely endorsed by MMD.
While the Nation exports our unemployment in every discipline,here we have a glaring case of “to hell with you attitude”!!! for having retired as a Naval Officer.
Yrs sincerely
capt arup chatterjee
The GOI in its wisdom determined that Indian Naval Officers with years of sailing experience were unfit to sail as they had not passed the ultimate test of competence - viz. MMD examinations. At one stroke they removed from the employment pool thousands of officers many of whom had unblemished careers sailiang as Masters on Indian Ships on the basis of the Certificate of Sevice.
Now, however, the same wise men have discovered that there is a shortage of officers to man Indian Flag ships and have consented to allow officers holding certificates of a few select countries to man Indian ships.
At least one country on the list turns a tidy profit from selling certificates. I have recently come across an officer with a Master’s unlimited certificate issued by Georgia. An extract of my conversation with the officer is as follows :
Me : Have you been to Georgia?
Offr : No.
Me : Then where did you do the exam?
Offr : There is no exam. I sent them my previous documents and after scrutiny they issued me the certificate. My company arranged it. It was a Syrian company and Georgia have a liaison office in Syria. They did everything.
Me : What previous certificate did you have?
Offr : Panama Chief Officer.
Me : On the basis of jolding a Panama Ch Mate ticket you now have a Georgian Master’s ticket.
Offr : Yes.
If anyone in authority or with influence in the Maritime Community reads this, I hope they will do something to halt this fraud being perpetrated.