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F.No. CR/MISC/19/2017 CREW BRANG

Da!s{.lgOO-20]Z

The Directorate is in
process of amending
Recruitment and placement a check rist for inspection
of Seafbrers of
Service providers (RpS)
Organizations. b.v Recognized
2. Accordingly draf, Merchant
Shipping Norice have
the orriciat website or bee proposed and
placed on
the oi.*;;;";.::-::::^::en
gov nr ror var uabr i

:"*,.:::^uggesti ;ff:tffi;:::" :#:

on or RpS pro v i ders/a
e

to the Directorate at
10.07 20;,:TI;ffi:;H[:ent the earriesr or raresr
by

r) balquzer-dgsOnic. in
2) tgtgslt .q-d ss ?i.nic. in
))
1\
creu,[email protected]

----.-=
Rajesh H. Mendhe)
To. Assistant Direqor
C.n..it of Shipping(Creu
)
l) RPS Pnrviders
2) All stakeholders concerneti
through DGS website.
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F.No. CR/MISCzr9120l7
Ddted :t9.06.2017.

The Merchant Shipping (

Recruitment and'placement
promulgated vide Ministry of Seafarers) Rules, 20r6
oisnipring, Govr. of fnalu.Cur.tte
169(E) dared rs-02.2016 ials Norification No GSR
ao*",r"ir,r., ;;r;;;r]uii,i., of the Recruitment
Placement Se^'ice'pro'iders
ur *.irl, tn. "r; pro.... ,r;;, of ricense to RpS and
atongwitfi other rerateo urp..,r.
",
i;;;.;rJ1{.]iJ::ffilx'n,.n,u,ion entities
crew Branch circurar:\o l ,rl0; of,the said rures a
dared 23.0g io"*-r, issued.
" clauses/pro'isions of the ,,t.r *.* .laritied. pu.trr..
in w.hich cerrain
No I of 20r7 dated il.0r.r0r2. "io. ocs crerv Branch circular
condu* inspections of the nes
.igrrt ,..ogri.J orgu1.,'i.ut,ons !\ere aurhorized ro
agenli.,
Iist is prepared. *lrich n",rr. L,- --*r.a i;;;;;;'""T'l"irbrnrit1,. a detaired check
carrf ing oLrr rhe inspections
i"'u"'',h;";"*;rized organizarions
or-the nps. w,hile.
Notice' A fbrnrat for.recording ",r,itrr";; ;;.;;:.d as Annexure A of.rhis
details orunnruiln#.;;;;
this norice. The said formar;;i[;;"inrained i, enclosed at Annexure B of
submitted to the DSEO ut b;;; Rpi copy
tr,. ii.,l. of renewar'"i 1i"."... of rhe same sha, be
Placement Service agencies The Recruirmenr and
and the Recoenizea orgunirutions
checklist and ensure proper may take the note of the
compriance or-its pror:isionsr""-

of Direcror Generar of
1oo,. r}li1fi:;:;-:'jrll,i,ilo'"'ar Shipping and ex-orficio

copv forward ed for an i n form

at i on &
"..ir'il'::I, 3;1T1"'
c. n.,rt( ffi fi #,i[T]
I ) All licensed RpS providers.
2) All recognized organizations
3)
4) |.,ri#; |.,il::*^*{ :IT.."j ! ffi c1s, M um bai, Ko r kata & c h e nn ai.
ill,Tll"11.o"Tl.:l:;J:,i",,ilr.rur,r,.o.partment,
s) S urveyors- in -charge,
M ercant i e rta.rir* o.pulT:Tr,-Jumnagar,
r

Mangalore, Tuticorin,visakhapatnam,' M urmagoa,

e*"uaip,rraldia,port gtui. a Noida.
Copy also forwarded for an information
to the :
I ) Secrerary ro rhe Govt.
of India. fr,rlri.y of Shipping, New
2) Delhi
a..nli..tr..zr.aning)"soivigrrun..
il:T,rr:'#iil*'''*'Navar branches or
 Annexure-A

1. Details of the Recruitment and Placement Service agency

Name of recruitment and

placement service

Licence Number

Number of seafarers emPloYed

presently
Address
(Please also record the comPlete
address of all the branch offices of
the companY)

Contact details (Tel, Fax, E-mail,

Name of contact Person

Designation of contact Person

Page 2 of 14
 2. Details of the lnsPection team

Name Signature

lnspection Team Leader

lnspectionTeam Member

tnspectionTeam Member

IIhe three onswer boxes to the right side of eoch key questions
are: Yes box (Y), No box (N) and Not Applicable box (NA)l
(Figures in bracke'ts indicote MS Rute reference numbers)

3. Operational Stanrtard

3.1 ls the address givenin the license or application for license same as Y N NA
the current address of the place of business?

Comments:
3.2 ls a copy of RPS license granted under these rules prominently Y N NA
displayed at the premises of the RPS at a place accessible to public?
Comments:

3.3 ls RPS having any branch office? Y N NA

Note- Please note the addresses of all the branch offices. lf the
Branch offices are undertaking the work of Recruitment and
Placement i.e. if the authorised signatory of the agreement/contract
between the seafarer and the RPS functions from the branch office,
then the said office is also to be inspected separately.

Page 3 of 14
 astructure available
Are adequate re:
may be recorded in the
for the RPS to provide its services? Following
comments section below
taken on lease/rent etc
L. Whether the premises is owned/
2. Whether there is any other agency/entity/company
premises?
functioning from the same
premises in terms of built-up
3. What is approximate area of the
/carPet area?
4. Number of emPloYees

itment and placement of

record of all seaf arers
seafarer (RPS) maintain an up-to-date
recruited or Placed through it?

and Placement of
and staff are adequately
seafarer (RPS) ensure that its management
trainedandhaverelevantknowledgeofthemaritimeindustrytothe
extentofthedutiesassignedtothem.lnthiscontextfollowingmay
: i'
benoted
1 Names of all the employees along with their educational
qualification, period of employment' and nature of employment
(salaried or contractual) may be obtained'
RPS must have one personnel with
maritime background i'e'
2
nautical or engineering on its rolls' They
could be regular
consultants'
employees or contractual employees or
3 The proof of such employment like letter
of contract' TDSI
must be verified'
certificate etc of such maritime personnel
4Non_maritimepersonnelmustbeadequatelytrainedtocarryout
them to test their
their work. inspection team may interview
preliminary knowledge of @

service provider f o r recruitment and

placement of
Ooere, the
seafarer (RPS) ensure that seafarers recruited
or placed bY it are
informed rights and duties under their emPloYment
of their
Page 4 of 14
 : that
prior to;'in tht ptt"ts of ttilrtrgagement and
agreements,
made f or t:::
pro per a rransements are : il:ITJ:::
::1lt::': signed on and
berore and after thev are
ffiiln:il:;;;:;""ts with copies of the said agreements?
also that they are provided of the
is voluminous' a soft copy
Note- lf the copies of agreement
same must be shared with the seafarer'
t:
Does the service plovider
f or '"t'uiGEnt tnd placement of
seafarer(RPS)ensurethatseafarersrecruitedorplacedbythemare .^ rn ar{
jobs concerned
documents necessarv for the
;:#,:;';o'*i,lnt agreements are in accordance
with
and the seafarer's employment
regulations and any collective
the appticable flag state laws and
bargaining agreements that
forms part of their employment
agreements?

owner has the means

D*t th. RPS provider ensure that the
port'
stranded / abandoned in a
to protect such seafarers from being
provisions for the repatriation of a stranded
/abandoned seafarer
required emergency medical
along with his maintenance and
assistance prior to repatriation
and the transportation of the mortal
remains of a seafarer in the event
of his death?

the ship on which the

ln this context ,the RPS shall ensure that
seafarers is slated to join has
put in place the financial security as
prescribed in the regulation 2'5 and
4'2 of the MLC
'011"^i
a have a communication from
amended. They must have on record'
is adhering to the provisions
the ship owner confirming that the ship
of the regulation 2'5 and 4'2 of MLC-2006'

as prescribed in the
ffiguarantee
Rule15oftheMerchantShipping(Recruitmentand
Placement of Seafarers) Rules 2016?
with the
ls the Bank Guarantee valid and commensurate
Page 5 of 14
 iPPing (Recruitment and
Placement of Seafarers) Rules 20L6?
2. ls the Bank Guarantee vatid and commensurate with the
number of seafarers Placed bY it?
period
3. Whether at any given point of time in the lnspection
by the RPS
,has the total number of seafarers engaged
placed.
exceeded the limit for which the bank guararrtee. ls

Comment s:
to examine PromPtlY
a Procedure Y N NA
3.11
and adequately and respond to any complaint concerning its
activities and inform the Director-General about any unresolved
complaint?
Commenl s:
Comments:
tf,"r" a procedure or policy to ensure that no means or mechanism Y N NA
3.12 f s
or lists are used to prevent or deter seafarers from gaining an
employment for which they are qualified?
Note: Recruitment should be carried out without any
discriminatory policy or bias based on race, colour, sex, religion,
political opinion, national extraction or social origin. However, any
distinction, exclusion or preference in respect of a particular job
based on the inherent requirements thereof shall not be deemed
to be discrimination
Comments:
3.13 Does the RPS service provider have a documented policy stating Y N NA
that no fees or other charges is borne, directly or indirectly, in whole
or in part, by the seafarers, other than the cost to the seafarers in
obtaining medical certificates , seafarers book, and passport or other
similar travel documents.

Note- The above provisions shall be followed in letter and spirit. RPS
shall provide and place on record and undertaking that the RPS or its
employees have not received any such fee or other charge from
seafarers.

Page 5 of 14
Comments:
3.14 1. Does the RP5 service provider have a documented policy stating Y N NA

thai any incident or casualty on-board causing injury (excluding

minor injuries) or death disappearance ,loss overboard or homicide
by or of an lndian national ,is reported tO Director General within 48
hrs of incident as laid down in Rule 5(3) of the Merchant Shipping
(Recruitment and Placement of seafarers )Rules?
2. Whether the RPS has complied with the said provision in the
period between two inspections?
Comments:
3.15 Does the RPS service provider have a procedure to develop and Y N NA
maintain operational practices to verify the seafarers medical
examination, identity documents and such other items as may be
required for seafarers to gain employment
Comments:
3.15 Does the RPS service provider have adocumented policy to maintain, Y N NA
with due regard to the right to privacy and need to protect
confidentiality, full and complete records/data of the seafarers
covered by their system. (lncluding the collection, storage,
combination and communication of such data to third parties)

Note: Data include but not limited to (o) the seofarers'

quolificotion; (b) record of employment; (c) personal doto relevont
to employment; (d) medicol doto relevont to employment.
Comments:
3.L7 Does the RPS service provider maintain up-to-date list of ships, owned Y N NA
by the ship owners for which RPS provides seafarers and ensure there
are reasonable means by which the ships can be contacted in
emergency at all hours?
Comments:
3.18 Does the RPS have a documented /procedure in place stating
policy Y N NA
that seafarers will not be subjected to exploitation by their personnel
with regard to offer of engagement on particular ships or by
particular companies?
Page 7 of 14
Comments:
3.19 Does the RPS have a documented policy /procedure in place to Y N NA
prevent the opportunities for exploitation of seafarers arising from the
issue of joining advances or any other financial transaction between
ship owner and seafarer handled by RPS

Comments:

3.20 Does the RPS clearly publicize cost ,if any, which seafarer is expected Y N NA
to bear in the recruitment process.
Comments:

3.2t Does the RPS have a documented policy /procedure in place to ensure Y N NA
that the seafarers are informed of any particular condition applicable to
the jobs for which they are to be engaged and of the particular ship
owners policies relating to their employment?
Comments:

3.22 Does the RPS have a documented policy in place to ensure that the Y N NA
procedures followed while dealing with cases of incompetence or
indiscipline are consistent with the principles of natural justice and
law of the law of the land and wherever appricabre, with collective
bargaining agreement?
Comments:

3.24 Does the RPS have a documented policy /pro."a*" in pta." to Y N NA

ensure as far as is practicable that all mandatory certificates and
documents submitted for employment are up-to-date and have not
been fraudulently obtained and employment references are verified?
Comments:

3.2s Does the RPS have a documented policy 7pro."J*" in ptr." to Y N NA

ensure that requests for information or advice by families of
seafarers while seafarers are at sea are dealt with promptly and
sympathetically and at no cost to seafarer?

Page 8 of 14
 Note- Same may be verified during the inspection.
Comments:

3.26 Does the RPS have a doorrrcr&d policy /procedure in place to verify Y N NA
that the labour conditions on ships where seafarers are placed are in
conformity with applicable Comprehensive Bargaining Agreement
(CBA) concluded between ship owner and seafarer's representative
organization?
Comments:

3.27 Does the service ensure that the terms and conditions of
RPS Y N NA
employment of seafarers comply with applicable laws or regulations
or CBA?
Note: to ensure that all rights of seafarers are duly protected and
RPS

that they enter into valid contract of employment. Agreement

between RPS and the employer or the ship owner to be cited and
should be valid. lf any cBA is referred to, copy of the same must be
verified.
Comments:

3.28 Does the have a documented policy to ensure that death

RPS Y N lmn
compensation or disability compensation are paid by ship owner
without undue delay? ln this context, number of such incidents and
date of payment of compensation may please be verified?
Comments:

3.29 Does the mention number, date of issue , tr," ,-.tiuitv or trr.
RPS Y N NA
license, e-mail ids ,telephone numbers and addresses of its main
office and branch offices in all of their advertisements published and
the license number is mentioned in ail its communications in bold
letters?
Comment:
3.30 Does the RPS service provider have procedure to r.no tr," r.rino", Y N NA
to the Director for its annual inspection, 3 months before its due

Page 9 of 14
 ffis in Form I sent by 12th of every succeeding
month in a manner specified by DG Shipping?
Note -An undertaking should be taken at the time of inspection that
all the sea-service records of the seafarers recruited between the
period of two inspections have been uploaded in the Form -1. lf any
sea service record are not uploaded in the system,the list of such
record be obtained and forwarded to the DSEO along with the report.

Hrr tr," RPS service provider send Form ll to DSEO or any other
person authorized by DG in on-line mode or paper form of any
death or injury to seafarer within 48 hours of incident?
Note: Foilure tofurnish the report within specified period may leod to
suspension or withdrowo! of registrotion gronted or license issued.

Comments:
Has the RPS service provider made a welfare fund contribution
towards Seafarers Welfare Fund Society, Mumbaion quarterly basis?

Note: Check records of contribution for every seaforer excluding

troinees, engaged onboord o foreign flag ships. Rupees Six thousand
per seoforer per onnum on the bosis of the octuol period of the
employment of seoforer.The contributions shollbe poid by fifteenth of
the month following the end of every quorter.
Comments:
Doesthe RPS ensure that contributions to SWFS by lndian Ship
Owners for every seafarer engaged by them on-board lndian flag
ships are made on a quarterly basis?

Note: Check records of contribution for every seafarer excluding

troinees, engaged onboard a tndian flag ships. Rupees 4800/- per
seafarer per onnum on the basis of the octual period of the
employment of seaforer for F.G ships ond Rs 2400/- per seofarer per
onnum on the bosis of the octuol period of the employment of seoforer
Page 10 of 14
a

!.

utions shatl be Poid bY

the end of every quorter'

fifieenth of the month t'ollowing

nitrn available to enable

complaints to be made by seafarers against the RPS
or against the

r travel documents' medical

examinations, etc collected from seafarers maintained bythe

RPS'

@rcollection,storageandprocessingofseafarers
personal data ?

of seoforers including Name,

Note : Full porticulars Address, Age, Skill,

Experience ond Address of Next of Kin

wh"th", ."py contract of all seafarers engaged by RPS

"f "*ployment
available ?

6r,g',*t Ag*"^ent/ MOUs / Contracts between RPS and the

employer or the ship owner sighted?

Note: 7) The Agreement should be volid'

2) Details of the employer/ship owner mointained in respect of eoch

ship.

fagreement
actually owns the vessels?

Page 11 of 14
a-

N lrua
3,4L Are following records, as applicable, relateq ro reul
maintained for a minimum retention period of 5 years?

copies of all advertisement issued, interview call letters,

correspondence with applicants, copies of appointment letters
etc-

Comment
NA
Are records of claims and compensations made relateo to lnjury or I N
3.42
death of seafarers maintained?

Note: Record of claims for compensotion for iniury or details of death

of seaforers along with the detoits of Next of Kin of the seoforer,
passport number, country of emptoyment, noture of iniury or death,
dote of occident, nome ond oddress of the employer and detoils of
compensotion poid.
Comments:
ffirethatallshipsonwhichseafarersarerecruited Y N INA
I and ptaced are covered by the P & I insurance?

Comments:

3.44 Are there any complaints pending in respect of seafarers recruited? Y N NA

Comments

3.45 ls there any criminal or civil case registered / pending in any Y N NA

court in relation to M.S.(RPS Rules) 2016, as amended, involving

the recruitment and placement service?

Comments:
3.46 Record of medical data relevant to employment maintained Y N lrun

Comments:

3.47 re stating that the RPS shall provide Y N NA

Page 12 of 14
a

(DCS dicates the name and address of the

owner .,of RPS,, as given in Form Vll fOr managing their ships to
Order No.
13 of enable Hospitality crew obtain lndian cDC to work on cruise ship
2014) and the same is being imPlemented'

Was the RPS licence concelled/suspended by the DSEO'

Note : The reosons lor the concellation moy he ascertain, whether

Bonk Guorantee was forfeited if so reosons thereof,

whether the proprietor/partner/Director/employee of the RPS

is/was also a proprietor /Directorl partner/employee of another
RPS?

lf yes, whether the licence of such other RPS has ever been
cancelled/suspended by the DSEO and what was the reason for such
action?
Note- any action for suspension/withdrawal of licence is taken
lf
against one RPS as a result of some act of commission/omission by
the Proprietor/Director/partner/employee of one RPS and if the
same person is found to be associated with another RPS as
Proprietor/Director/ Partner/employee , then the same may be
noted and reported to the DSEO.

Page 13 of 14
a

Annexure B

Sr.No Date of Schedule date of Date of actual Recognised Signature

lssuance of inspection (Period inspection organization of

licence between Two months carrying out lnspecting
prior to anniversary date the inspection authority
and one month post with date.
anniversary date)
t.
2.

3.
4.
5

Page 14 of 14