Notes on

BILGING

Capt. A.K. Prasad

THEORY

1. Bilging problems are mainly given for box-shaped vessels. It can also be given for bilging of
a D.B. tank of M.V. Hindship.
2. However, if a hold of M.V. Hindship is bilged and the ship’s water-plane changes, then the
calculation becomes very complex and lengthy. Hence such problems are not given.
3. Bilging is said to occur when ingress of water takes place into the vessel from a point below
the waterline, such that the water is free to flow in and out of the vessel. If the water enters
the vessel from above the waterline then it will not be able to flow out of the vessel, in which
case it is called flooding and not bilging.
4. After bilging, water level in the bilged compartment will be same as water level outside the
vessel.
5. However, if the bilged compartment is a DB tank / deep tank, located at the bottom of the
vessel, and it is fitted with a tank-top / watertight flat which is located below the outside
water level, then water in the compartment will rise only upto the tank top / watertight flat.
6. Because the water is free to flow in and out of the bilged compartment, it is not part of the
ship and hence there is no addition of weight i.e. the vessel’s displacement does not increase.
7. Because the displacement does not change, the COG of the vessel will not shift vertically,
transversely or longitudinally from its original position i.e. the vessel’s KG and LCG will not
change after bilging.
8. However, the part of the compartment, which is submerged under water, is lost to the sea i.e.
the vessel’s underwater volume is said to be reduced by an amount equal to the volume of the
bilged part of the compartment. Hence the vessel’s buoyancy is reduced.
9. To compensate for the lost buoyancy/volume without any change in displacement, the vessel
will submerge till the same is regained so that once again the vessel’s buoyancy and
displacement will remain equal.
10. This means that the vessel’s draft will increase due to bilging, but the underwater volume and
the displacement of the vessel will not change.
11. Due to increase of the draft, COB of the vessel will shift upwards i.e. KB will increase.
12. Due to loosing and regaining of the vessel’s buoyancy, the shape of the vessel’s underwater
volume will change. Hence the COB will also shift longitudinally and/or transversely, away
from the bilged compartment.
13. Due to the longitudinal shift of COB, the horizontal distance between the new COB and the
original COG will change, which will change the vessel’s trim.
14. Due to the transverse shift of COB, the horizontal distance between the new COB and the
original COG will change, which will change the vessel’s list.
15. If the water level in the bilged compartment is the same as the water level outside the vessel,
then the vessel’s water-plane is also said to be bilged i.e. the area of the water-plane is
reduced by an amount equal to the area of the bilged compartment.
16. COF is the geometric centre of the water-plane. Hence, if the area of the water-plane is
reduced due to bilging, then the COF will shift longitudinally and/or transversely, away from
the bilged compartment.
17. Vessel’s water-plane will not reduce and its COF will not shift if the water level in the
compartment does not rise upto the water level outside the vessel e.g. if a DB tank or a deep
tank located at the bottom of the vessel is bilged.
18. Trim and list caused, as stated above, will occur about the new position of COF.
19. Loss of buoyancy/volume due to bilging will be less if the compartment has some solid cargo
in it, because water entering the compartment will only occupy the empty spaces within the
cargo i.e. the loss of buoyancy/volume will depend on the permeability of the compartment.
20. By the same theory, the loss of water-plane area due to bilging will also be less, depending on
the permeability of the compartment.
21. Bilging of a part or full compartment does not affect the original FSM of the vessel, because
the bilged compartment is not considered to be part of the vessel any more.
22. If a tank containing some liquid is bilged then it is assumed that initially the liquid in the tank
is discharged, which will cause the following changes :
 Draft, U/W volume, displacement, KB and FSM will reduce.
 KG will increase.
 LCG, trim and list will change depending on location of the bilged tank.
 LCB will also change for M.V. Hindship but for a box-shaped vessel it will remain the
same as half the length of the vessel.

Subsequently, the empty tank is said to be bilged, which will further change the draft, KB,
LCB, LCF, trim and list, as explained above.

CHANGES IN STABILITY PARAMETERS DUE TO BILGING

 Following parameters will NOT change :

 Displacement
 Underwater volume
 Position of COG i.e. KG, LCG and distance of COG from shipside
 Shape and size of water-plane, when the level of water in the bilged tank/compartment is
less than the level of water outside the ship
 Position of COF i.e. LCF and distance of COF from shipside, when the shape and size of
water-plane does not change
 FSM / FSC

 Following parameters will change :

 Hydrostatic draft will increase
 Position of COB i.e. KB, LCB and distance of COB from shipside
 Trim and List
 Shape and size of water-plane will reduce, when the level of water in the bilged
compartment is same as the level of water outside the ship.
 Position of COF i.e. LCF and distance of COF from shipside, when the shape and size of
water-plane changes
 ABBREVIATIONS USED FOR BOX-SHAPED VESSEL

L Length of the vessel.

B Breadth of the vessel.
D Initial mean draft.
D1 Final mean draft after bilging.
RD Density of dock water in which the vessel is floating.
rd Density of liquid in the tank.
s Sounding of liquid in the tank.
V Initial underwater volume which will not change due to bilging.
V1 U/W volume after pumping out tank, which will not change due to bilging.
W Initial displacement.
W1 Displacement after pumping out tank, which will not change due to bilging.
T Initial trim.
T1 Final trim after bilging.
l Length of the bilged tank/compartment.
b Breadth of the bilged tank/compartment.
h Height of tank top/watertight flat of bilged tank/compartment, above the keel.
w Weight of liquid in the tank before bilging.
P Permeability of the compartment stated as %age of its total volume.
I Longitudinal/Transverse M.I. of the original water-plane before bilging.
II Longitudinal/Transverse M.I. of the intact water-plane.
IO Longitudinal/Transverse M.I. of the original water-plane after bilging.
IL Longitudinal/Transverse M.I. of the lost water-plane.
IC Longitudinal or Transverse M.I. of the cargo part of the lost water-plane.
Lcg, Lcb Distance of centroid of the tank/compartment from the AP.
& Lcf
Sg, Sb & Distance of centroid of the tank/compartment from the shipside where the
Sf bilged tank/compartment is located.
 CALCULATION OF MEAN DRAFT (D1) AFTER BILGING OF TANK/
COMPARTMENT REGARDLESS OF ITS LOCATION

STEP 1 --- Calculate U/W volume (V1) after pumping out the tank.

V = L  B  D ; W = V  RD ; w = l  b  s  rd ; W1 = W - w ; V1 = W1 ÷ RD

STEP 2 --- Calculate permeability (P %) of the compartment.

BS = SFC - (1 ÷ RDC) ; P = (BS ÷ SFC)  100

BS --- Broken stowage ; SFC --- Stowage factor of the cargo ; RDC --- Relative density of cargo

STEP 3 --- Calculate mean draft (D1) after bilging.

CASE 1 --- Compartment extends from bottom upwards without any watertight flat.

V1 = (L × B × D1) – (l × b × D1 × P ÷ 100)

CASE 2 --- Compartment fitted with a watertight flat below the waterline, and bilging occurs
only below this flat e.g. D.B. tank.

V1 = (L × B × D1) - (l × b × h)

CASE 3 --- Compartment fitted with a watertight flat below the waterline, and bilging occurs
only above this flat e.g. above D.B. tank.

V1 = (L × B × D1) – { l × b × (D1 - h) × P ÷100 }

CASE 4 --- Compartment fitted with a watertight flat below the waterline, and bilging occurs
both above and below this flat.

V1 = (L × B × D1) -  l × b × (D1 - h) × P ÷ 100  - (l × b × h)

CALCULATION OF GM(F) AFTER BILGING

STEP 1 --- Calculate KG1 after pumping out the tank. (It will remain same after bilging)

KG1 = { (W  KG) - (w  s ÷ 2) } ÷ W1

STEP 2 --- Calculate FSM1 after pumping out the tank. (It will remain same after bilging)

I (tank) = l  b3 ÷ 12 ; fsm (tank) = I (tank) × rd ; FSM1 = FSM - fsm (tank)

STEP 3 --- Calculate mean draft (D1) after bilging, as explained above.
STEP 4 --- Calculate position of COF1 after bilging of a side compartment, measured
from the shipside where the compartment is located (SF1).

CASES 1, 3 & 4 ---

SF1 = { (L × B × B/2) – (l × b × Sf  P ÷ 100) } ÷ { (L × B) - (l × b × P ÷ 100) }

Note : For Case 1, SF1 = SB1

CASE 2 --- COF does not shift because the W/P remains intact even after bilging.
Hence SF1 = SF = B/2

STEP 5 --- Calculate transverse M.I. of the intact water-plane (II) about the
longitudinal axis passing through the COF1.

CASES 1, 3 & 4 ---

IO = (L × B3 ÷ 12) + { L × B × (SF1 - B/2)2 }

IL = (l × b3 ÷ 12) + { l × b × (SF1 - Sf)2 }

IC = { (l × b3 ÷ 12) × (100 - P)2 ÷ 1002 } + { l × b × (SF1 - Sf)2 × (100 - P) ÷ 100 }

II = I O - I L + I C

CASE 2 --- There is no change in the water-plane hence II = I

STEP 6 --- Calculate KB1 after bilging.

CASE 1 --- KB1 = D1 ÷ 2

CASE 2 --- KB1 = { (L × B × D1 × D1 ÷ 2) – (l × b × h × h ÷ 2) } ÷ V1

CASE 3 ---
KB1 = [ (L × B × D1 × D1 ÷ 2) – { l × b × (D1 - h) × [{(D1 - h) ÷ 2}+ h] × P ÷ 100 } ] ÷ V1

CASE 4 ---
KB1 = [ (L×B×D1×D1÷2) - (l×b×h×h/2) – { l×b×(D1 - h)×{(D1 - h)÷2}+ h]×P÷100 } ] ÷ V1

STEP 7 --- Calculate G1M(F).

B1MT = II ÷ V1 ; KMT = KB1 + B1MT ; G1M(F) = KMT - KG1 - (FSM1 ÷ W1)

 CALCULATION OF FORWARD AND AFT DRAFTS AFTER BILGING OF TANK/
COMPARTMENT LOCATED ANYWHERE ALONG THE LENGTH OF VESSEL

STEP 1 --- Calculate initial LCG.

I = B × L3 ÷ 12 ; BML = I ÷ V ; MCTC = (W × BML) ÷ (100 × L)

BG = T × MCTC ÷ W ; LCB = L ÷ 2

LCG = LCB ± BG ; Trim aft : -ve ; Trim ford. : +ve ; Trim zero : BG = 0

STEP 2 --- Calculate LCG1 after pumping out the tank. (It will remain same after bilging)

LCG1 = { (W  LCG) - (w  Lcg) } ÷ W1

STEP 3 --- Calculate mean draft (D1) after bilging, as explained above.

STEP 4 --- Calculate LCB1 after bilging.

CASE 1 --- LCB1 = { (L × B × D1 × L/2) – (l × b × D1 × Lcb × P ÷ 100) } ÷ V1

CASE 2 --- LCB1 = { (L × B × D1 × L/2) – (l × b × h × Lcb) } ÷ V1

CASE 3 --- LCB1 = [ (L × B × D1 × L/2) – { l × b × (D1 - h) × Lcb × P ÷ 100 } ] ÷ V1

CASE 4 ---
LCB1 = [ (L × B × D1 × L/2) - (l × b × h × Lcb) – { l × b × (D1 - h) × Lcb × P ÷100 } ] ÷ V1

STEP 5 --- Calculate LCF1 after bilging.

CASES 1, 3 & 4 ---

LCF1 = { (L × B × L/2) – (l × b × Lcf  P ÷ 100) } ÷ { (L × B) - (l × b × P ÷ 100) }

Note : For Case I, LCF1 = LCB1

CASE 2 --- COF does not shift because the W/P remains intact even after bilging.
Hence LCF1 = LCF = L / 2

STEP 6 --- Calculate longitudinal M.I. of the intact water-plane (II) about the
 transverse axis passing through the COF1.

CASES 1, 3 & 4 ---

IO = (B × L3 ÷ 12) + { L × B × (LCF1 ~ L/2) 2 }

IL = (b × l3 ÷ 12) + { l × b × (LCF1 ~ Lcf)2 }

IC = { (b × l3 ÷ 12)  (100 - P)2 ÷ 1002 } + { l × b × (LCF1 ~ Lcf)2 × (100 - P) ÷ 100 }

II = I O - I L + I C

CASE 2 --- There is no change in the water-plane hence II = I

STEP 7 --- Calculate final trim (T1) and forward and aft drafts.

B1ML = II ÷ V1 ; MCTC1 = (W1 × B1ML) ÷ (100 × L) ; B1G1 = LCB1  LCG1

T1 = W1 × B1G1 ÷ MCTC1

LCB1 > LCG1 --- Trim aft ; LCB1 < LCG1 --- Trim ford.

TA = T1 × LCF1 ÷ L ; TF = T1 - TA

Trim aft --- F = D1 - TF ; A = D1 + TA

Trim ford. --- F = D1 + TF ; A = D1 - TA

CALCULATION OF LIST AFTER BILGING OF TANK/COMPARTMENT

LOCATED ANYWHERE ON ONE SIDE OF THE CENTRELINE

STEP 1 --- Calculate position of COG1, off centreline, if vessel already has a list ().
(It will not shift after bilging, unless STEP 2 is applicable)

KB = D ÷ 2 ; I = L × B3 ÷ 12 ; BMT = I ÷ V ; KMT = KB + BMT

GM(F) = KMT - KG - (FSM ÷ W) ; GG1 = GM(F) × Tan 

STEP 2 --- Calculate position of COG2 after pumping out the tank, measured from the
shipside where the tank is located (SG2). (It will not shift after bilging)

SG1 & SG2 --- Distances of COG1 and COG2 respectively, from the shipside where the
tank is located.

SG2 = { (W  SG1) - (w  Sg) } ÷ W1

STEP 3 --- Calculate KG2 after pumping out the tank, as explained above.
 (It will remain the same after bilging)

STEP 4 --- Calculate FSM1 after pumping out the tank, as explained above.
(It will remain the same after bilging)

STEP 5 --- Calculate mean draft (D1) after bilging, as explained above.

STEP 6 --- Calculate position of COF1 after bilging of a side compartment, measured
from the shipside where the compartment is located (SF1), as explained above.

STEP 7 --- Calculate transverse M.I. of the intact water-plane (II) about the
longitudinal axis passing through the COF1, as explained above.

STEP 8 --- Calculate KB1 after bilging, as explained above.

STEP 9 --- Calculate G2M(F), as explained above.

STEP 10 --- Calculate position of COB1 after bilging of a side compartment, measured
from the shipside where the compartment is located (SB1).

CASE 1 --- SB1 = { (L × B × D1 × B/2) – (l × b × D1 × Sb  P ÷ 100) } ÷ V1

Note : For this Case, SF1 = SB1

CASE 2 --- SB1 = { (L × B × D1 × B/2) – (l × b × h × Sb) } ÷ V1

CASE 3 --- SB1 = [ (L × B × D1 × B/2) – { l × b × (D1 - h) × Sb  P ÷100 } ] ÷ V1

CASE 4 ---
SB1 = [ (L × B × D1 × B/2) - { l × b × (D1 - h) × Sb  P ÷ 100 }- (l × b × h × Sb) ] ÷ V1

STEP 11 --- Calculate final list ( 1).

B1G2 = SB1  SG2 ; Tan 1 = B1G2 ÷ G2M(F)

If SB1 > SG2, list will be towards the side of the bilged compartment.
If SB1 < SG2, list will be opposite to the side of the bilged compartment.

CALCULATION OF FORWARD AND AFT DRAFTS AFTER BILGING OF D.B. TANK

OF M.V. HINDSHIP
 ABBREVIATIONS USED

RD Density of dock water in which M.V. Hindship is floating

w Weight of liquid in the tank before bilging
D Initial hydrostatic draft
L LBP
Lcg & Lcb Distance of centroid of the tank from AP, as given in the stability book
v Volume of the tank, as given in the stability book
WVIRT Initial displacement calculated for given RD. It is used for ascertaining
data from the hydrostatic tables but not for any other calculations.
WREAL Initial actual displacement
MCTCVIRT Ascertained from hydrostatic tables for WVIRT
MCTCREAL Corrected for given RD
W1 Final displacement after pumping out the tank
V1 DW U/W volume in dock water after pumping out the tank
V2 DW Total U/W volume in dock water when floating at the increased draft D 1
after bilging
W2 VIRT Displacement for total volume V2 DW. It is used for ascertaining data from
the hydrostatic tables but not for any other calculations.
I Longitudinal M.I. of water-plane for total volume V2 DW regardless of
whether the tank is bilged or not
MCTC1 REAL Final MCTC in dock water after bilging
T1 Final trim after bilging
F1 Final forward draft
A1 Final aft draft

STEP 1 --- Calculate initial LCG.

CASE 1

Data given --- F (ford. draft) , A (aft draft) , RD , Tank bilged , w

Calculate --- T (trim) , Mean draft , LCF (for mean draft)
D = A ± {(T × LCF) ÷ L} ; Trim aft : -ve ; Trim ford. : +ve
Ascertain --- WVIRT , MCTCVIRT , LCB , Lcb = Lcg , v
Calculate --- WREAL = WVIRT × RD ÷ 1.025 ; MCTCREAL = MCTCVIRT × RD ÷ 1.025
BG = T × MCTCREAL ÷ WREAL
LCG = LCB ± BG ; Trim aft : -ve ; Trim ford. : +ve

CASE 2

Data given --- W , LCG , RD , Tank bilged , w

Ascertain --- Lcb = Lcg , v
CASE 3
Data given --- W , T(trim) , RD , Tank bilged , w
Calculate --- WVIRT = WREAL ×1.025 ÷ RD
Ascertain --- MCTCVIRT , LCB , Lcb = Lcg , v
Calculate --- MCTCREAL = MCTCVIRT × RD ÷ 1.025 ; BG = T × MCTCREAL ÷ WREAL
LCG = LCB ± BG ; Trim aft : -ve ; Trim ford. : +ve

STEP 2 --- Calculate U/W volume (V1 DW) in dock water after pumping out the tank.

W1 REAL = WREAL – w ; W1 VIRT = W1 REAL × 1.025 ÷ RD ; V1 DW = W1 VIRT ÷ RD

STEP 3 --- Calculate LCG1 after pumping out the tank.

LCG1 = { (WREAL × LCG) – (w × Lcg) } ÷ W1 REAL

STEP 4 --- Calculate LCB2 after bilging.

V2 DW = V1 DW + v ; W2 VIRT = V2 DW × RD
Ascertain --- D1 , LCB1 , LCF1 , KB , KML

LCB2 = { (V2 DW × LCB1) – (v × Lcb) } ÷ V1 DW

STEP 5 --- Calculate ford. and aft drafts after bilging.

B2G1 = LCB2 ~ LCG1 ; BML = KML – KB ; I = BML × V2 DW ; BML1 = I × V1 DW

MCTC1 REAL = (W1 REAL × BML1) ÷ (100 × L)

T1 = W1 REAL × B2G1 ÷ MCTC1 REAL

LCB2 > LCG1 : Trim aft ; LCB2 < LCG1 : Trim ford.

TA = T1 × LCF1 ÷ L ; TF = T1 - TA

Trim aft --- F1 = D1 - TF ; A1 = D1 + TA ; Trim ford. --- F1 = D1 + TF ; A1 = D1 - TA

CALCULATION OF GM(F) AFTER BILGING OF D.B. TANK OF M.V. HINDSHIP

ABBREVIATIONS USED
RD Density of dock water in which M.V. Hindship is floating
w Weight of liquid in the tank before bilging
D Initial hydrostatic draft
L LBP
WVIRT Initial displacement calculated for RD. It is used for ascertaining data from the
hydrostatic tables but not for any other calculations.
WREAL Initial actual displacement
Kb & Distance of centroid of the tank from the keel, as given in the stability book
Kg
v Volume of the tank, as given in the stability book
fsm FSM of the tank, as ascertained from the stability book
W1 Displacement after pumping out the tank
V1 DW U/W volume in dock water after pumping out the tank
V2 DW Total U/W volume in dock water when floating at increased draft after bilging
W2 VIRT Displacement for total volume V2 DW. It is used for ascertaining data from the
hydrostatic tables but not for any other calculations.
I Transverse M.I. of water-plane for total volume V 2 DW regardless of whether
the tank is bilged or not

STEP 1 --- Calculate initial data.

CASE 1

Data given --- F(ford. draft) , A(aft draft) , RD , KG , FSM , Tank bilged , w

Calculate --- T(trim) , Mean draft , LCF(for mean draft)

D = A ± {(T × LCF) ÷ L} ; Trim aft : -ve ; Trim ford. : +ve

Ascertain --- WVIRT , Kg = Kb , v , fsm

Calculate --- WREAL = WVIRT × RD ÷ 1.025

CASE 2

Data given --- W , KG , FSM , RD , Tank bilged , w

Ascertain --- Kb = Kg , v , fsm

STEP 2 --- Calculate U/W volume (V1 DW) in dock water after pumping out the tank.

W1 REAL = WREAL – w ; W1 VIRT = W1 REAL × 1.025 ÷ RD ; V1 DW = W1 VIRT ÷ RD

STEP 3 --- Calculate KG1 after pumping out the tank.

KG1 = { (WREAL × KG) – (w × Kg) } ÷ W1 REAL

STEP 4 --- Calculate FSC after pumping out the tank.

FSM1 = FSM – fsm ; FSC = FSM1 ÷ W1 REAL

STEP 5 --- Calculate KB1 after bilging.

V2 DW = V1 DW + v ; W2 VIRT = V2 DW × RD
Ascertain --- KB , KMT

KB1 = { (V2 DW × KB) – (v × Kb) } ÷ V1 DW

STEP 6 --- Calculate G1M1(F).

BMT = KMT – KB ; I = BMT × V2 DW ; BMT 1 = I × V1 DW ; KMT 1 = KB1 + BMT 1

G1M1(S) = KMT 1 - KG1 ; G1M1(F) = G1M1(S) – FSC

Notes on

SIMPSON’S RULES

Capt. A.K. Prasad

 ABBREVIATIONS

a, b, c, Ordinates representing Lengths or Areas.

d, e, f, g
h Common interval between the ordinates.
A/V Area / Volume of the full plane / space between the end ordinates.
A1/V1 Area / Volume of a part of the full plane / space between the end ordinates of that
part.
A2/V2 Area / Volume of the remaining part of the full plane / space between the end
ordinates of that part.
D Distance of the centroid of A/V from one of the end ordinates which is multiplied
by the multiplier 0, measured along a line perpendicular to the ordinates.
D1 Distance of the centroid of A1/V1 from the ordinate which is multiplied by the
multiplier 0, measured along a line perpendicular to the ordinates.
D2 Distance of the centroid of A2/V2 from the ordinate which is multiplied by the
multiplier 0, measured along a line perpendicular to the ordinates.
I Moment of inertia of area A about an axis parallel to the ordinates and passing
through one of the end ordinates which is multiplied by the multiplier 0.
I1 Moment of inertia of area A1 about an axis parallel to the ordinates and passing
through the ordinate which is multiplied by the multiplier 0.
I2 Moment of inertia of area A2 about an axis parallel to the ordinates and passing
through the ordinate which is multiplied by the multiplier 0.

RULE 1

Applies to odd number of ordinates e.g. 3, 5, 7, 9, 11, etc.

ORD. MULT. 1 PROD. 1 MULT. 2 PROD. 2 MULT. 3 PROD. 3

a 1 a 0 0 0 0
b 4 4b 1 4b 1 4b
c 2 2c 2 4c 2 8c
d 4 4d 3 12d 3 36d
e 1 e 4 4e 4 16e
Sum(1) Sum(2) Sum(3)

A/V = h ÷ 3 × Sum(1) ; D = h × Sum(2) ÷ Sum(1) ; I = h3 ÷ 3 × Sum(3)

RULE 2

Applies to certain number of ordinates e.g. 4, 7, 10, 13, 16, etc.

ORD. MULT. 1 PROD. 1 MULT. 2 PROD. 2 MULT. 3 PROD. 3

a 1 a 0 0 0 0
 b 3 3b 1 3b 1 3b
c 3 3c 2 6c 2 12c
d 2 2d 3 6d 3 18d
e 3 3e 4 12e 4 48e
f 3 3f 5 15f 5 75f
g 1 g 6 6g 6 36g
Sum(1) Sum(2) Sum(3)

A/V = 3h ÷ 8 × Sum(1) ; D = h × Sum(2) ÷ Sum(1) ; I = 3h3 ÷ 8 × Sum(3)

COMBINATION OF RULES 1 & 2

Applies to certain number of ordinates e.g. 6, 8, 12, 14, etc.,

to which Rules 1 & 2 do not apply

ORD. MULT. 1 PROD. 1 MULT. 2 PROD. 2 MULT. 3 PROD. 3

a 1 a 0 0 0 0
b 4 4b 1 4b 1 4b
c 1 1 c c 2 0 2c 0 2 0 4c 0
d 3 3d 1 3d 1 3d
e 3 3e 2 6e 2 12e
f 1 f 3 3f 3 9f
S(1) S(2) S(3) S(4) S(5) S(6)

A1 = h ÷ 3 × S(1) ; A2 = 3h ÷ 8 × S(2) ; A = A1 + A2

D1 = h × S(3) ÷ S(1) ; D2 = h × S(4) ÷ S(2) ; D = [ (A1 × D1) + {A2 × (D2 + 2h)} ] ÷ A

I1 = h3 ÷ 3 × S(5) ; I2 = {3h3 ÷ 8 × S(6)} - (A2 × D22) + {A2 × (D2 + 2h)2} ; I = I1 + I2

NOTES : 1. ‘D’ is measured from the ordinate ‘a’.
2. Replace ‘A’ with ‘V’ for calculating volume of a space.
3. ‘I’ is measured about the axis passing through the ordinate ‘a’.
4. For any number of ordinates, always apply Rule 1 first and then apply Rule 2.

VERTICAL ORDINATES OF BULKHEAD

Applies to Rules 1 & 2 only

ORD MULT 1 PROD 1 MULT 2 PROD 2 ORD MULT 3 PROD 3

a 1 a a/2 a2/2 a3 1 a3
b 4 4b b/2 2b2 b3 4 4b3
 c 1 1 c c c/2 c/2 c2/2 c2/2 c3 1 1 c3 c3
d 3 3d d/2 3d2/2 d3 3 3d3
e 3 3e e/2 3e2/2 e3 3 3e3
f 1 f f/2 f2/2 f3 1 f3
S(1) S(2) S(3) S(4) S(5) S(6)

D Distance of the centroid of the full bulkhead from the top, where all the ordinates reach,
measured along a line parallel to the ordinates.
D1 Distance of the centroid of A1 from top of the bulkhead as stated above.
D2 Distance of the centroid of A2 from top of the bulkhead as stated above.
I Moment of inertia of the full bulkhead about an axis perpendicular to the ordinates and
passing through the top of the bulkhead where all the ordinates reach.
I1 Moment of inertia of A1 about the same axis.
I2 Moment of inertia of A2 about the same axis.

A1 = h ÷ 3 × S(1) ; A2 = 3h ÷ 8 × S(2) ; A = A1 + A2

D1 = S(3) ÷ S(1) ; D2 = S(4) ÷ S(2) ; D = { (A1 × D1) + (A2 × D2) } ÷ A

I1 = h ÷ 3 × S(5) ÷ 3 ; I2 = 3h ÷ 8 × S(6) ÷ 3 ; I = I1 + I2

NOTE : For any number of ordinates, always apply Rule 1 first, and then apply Rule 2.

CENTRE OF PRESSURE OF BULKHEAD

Applies to Rules 1 & 2 and to vertical ordinates

IWS Moment of inertia of the full bulkhead about an axis passing through the water surface,
and parallel to it.
H Height of the water surface above the top of the bulkhead.
DCOP Distance of the centre of pressure from the water surface.

IWS = I - AD2 + A(D + H)2 ; DCOP = IWS ÷ { A(D + H) }

RULE 3

ORD. MULT. 1 PROD. 1 ORD. MULT. 2 PROD. 2

a 5 5a a 3 3a
b 8 8b b 10 10b
c -1 -c c -1 -c
Sum(1) Sum(2)
A/V Area / Volume of the part of the plane / space between the ordinates ‘a’ and ‘b’.
D Distance of the centroid of A/V from the ordinate ‘a’, measured along a line
perpendicular to the ordinates.

A/V = h ÷ 12 × Sum(1) ; D = h ÷ 2 × Sum(2) ÷ Sum(1)

NOTES : 1. This Rule is not used for calculating MI and COP.

2. It should never be used, even for calculating A and D, unless specifically
required.

Notes on

SUBDIVISION AND STABILITY

AMENDED CHAPTER II-1 OF SOLAS CONVENTION

 INTERNATIONAL CODE ON INTACT STABILITY, 2008
ANNEX I OF MARPOL CONVENTION
AMENDED 1988 PROTOCOL OF LOAD LINES CONVENTION

Capt. A.K. Prasad

IMPORTANT DEFINITIONS (Reg. II-1/2 of SOLAS)

 Subdivision length of a ship is the greatest projected moulded length of that part of the ship
at or below deck or decks limiting the vertical extent of flooding, with the ship at the deepest
subdivision draft.
 Deepest subdivision draft is the Summer Load draft of the ship. However the ship may be
loaded to deeper drafts like Tropical, Timber, etc.
 Light service draft corresponds to the lightest anticipated loading and necessary ballast for
stability and/or immersion. For cargo ships it corresponds to the ballast arrival condition with
10% consumables. For passenger ships it corresponds to the arrival condition with 10%
consumables, a full complement of passengers and crew and their effects, and ballast as
necessary for stability and trim.(MSC.281(85))
 Partial subdivision draft is the light service draft plus 60% of the difference between the
light service draft and the deepest subdivision draft.
 Permeability of a space is the proportion of the immersed volume of the space which can be
occupied by water.
 Weathertight means in any sea conditions water will not penetrate into the ship.
 Watertight means having scantlings and arrangements capable of preventing the passage of
water in any direction under the head of water likely to occur in intact and damaged
condition.
 Lightweight is the displacement of a ship without cargo, fuel, lubricating oil, ballast water,
fresh water and feedwater in tanks, consumable stores, and passengers and crew and their
effects.

PREAMBLE OF THE CODE

Stability criteria are based on the best “State of art” concepts, taking into account sound design
and engineering principles and experience gained from operating ships. IMO will periodically
review the code, based on experience and further technical development. Safety of ship in
seaway involves complex hydrodynamic phenomena which upto now have not been adequately
investigated and understood. Hence further research is required.

PURPOSE

Ensure safe operation of ships and minimise risk to ships, personnel on board and environment.

APPLICATION
 The Code applies to vessels of length ≥ 24m. such as cargo ships, timber carriers, grain
carriers, container ships, cargo ships carrying containers on deck, passenger ships (carrying >
12 passengers – SOLAS Reg. I/2), fishing vessels, special purpose ships, offshore supply
vessels, mobile offshore drilling units and pontoons. (Introduction - Para. 1.2)
 Pontoon is normally non-self-propelled, unmanned, carries only deck cargo, has C B ≥ 0.9, has
breadth/depth ratio > 3, and has small W/T manholes on deck but no hatchways. (Definition -
2.16)
 Special purpose ship means a mechanically self-propelled ship carrying > 12 special
personnel who are not passengers or members of the crew, engaged in research, non-
commercial expedition, survey, training of marine personnel, processing of whale, fish and
other living resources of sea, salvage, cable-laying, diving-support, pipe-laying, floating
crane operation, and others as decided by the Flag State. (MSC.266(84))
 Various regulations of the SOLAS and Load Line conventions concerning watertight
integrity of a ship should be complied with. (Part B/Chap. 7)

STABILITY BOOK (Reg. II-1/5-1 of SOLAS and Part B/Para. 3.6 of Code)

 It is also required in compliance with Reg. 10 of Load Line convention.

 It shall be approved by the Flag State.
 It shall be in working language of the ship and other languages as decided by the Flag State.
Refer ISM Code.
 For double-hull oil tankers a manual should be provided which should prescribe operational
procedures for loading and unloading cargo, and data regarding GM and FSC during all
cargo operations. (Para. 3.8.2)
 It shall contain the following information :
 Description of the ship.
 Instructions for using the book.
 General arrangement plan.
 Hydrostatic curves or tables.
 Cross curves of stability.
 Plans or tables showing the capacity and C.G. of each cargo space.
 Sounding tables showing the capacity, C.G. and FSE data of each tank.
 Maximum KG or minimum GM curve or table.
 Standard loading conditions as follows : (Para. 3.4)
 Departure with ballast, and with full stores, fuel, passengers and their luggage.
 Arrival in same condition as above but with only 10% fuel and stores remaining.
 Departure fully loaded, with full stores and fuel, with and without deck cargo, with
and without passengers and luggage, and with cargo tanks of a dry cargo ship full and
empty.
 Loaded means loaded upto the summer load line or summer timber load line or the
subdivision load line of a passenger ship.
 Arrival in same condition as above but with only 10% fuel and stores remaining, and
with 10% increase in weight of timber deck cargo due to water absorption.
 Additional conditions if water ballast is necessary when fully loaded.
  Description of stability calculations done and assumptions made.
 Instructions for operation of cross-flooding arrangements.
 Inclining test report.
 Guidance for the safe operation of the ship in normal and emergency conditions.
 Importance of securing and maintaining all openings in watertight state on RO-RO
passenger ship. If water enters the vehicle deck there will be rapid loss of stability
resulting in rapid capsizing. (Para. 3.8.3)
 Particulars and location of permanent ballast, if any, according to an approved plan, such
that it will not shift.

SIMPLIFIED STABILITY BOOK

This may be provided in lieu of the stability book stated above, as decided by the Flag State. It
may contain maximum safe (DWT + FS) moments, maximum safe KG and minimum safe GM
curves for different displacements.

By calculating the KG or GM or (DWT + FS) moments for a given displacement, and comparing
it with the respective curves stated above, it can be ascertained whether the calculated value is
deficient or adequate. If it is deficient then the ship will not comply with the stability criteria and
it is unsafe for going out to sea. Hence suitable adjustments should be made in the distribution of
weights to bring the calculated values within the adequate region of the respective curves. By
this procedure the stability status of ship can be ascertained and rectified without carrying out
detailed stability calculations.

LOADING COMPUTER (Part B/Chap. 4)

 It is compulsory for bulk carriers. (Reg. XII/11)

 For other ships it may supplement the stability book.
 The hardware and software shall be approved.
 It should calculate both intact and damage stability.
 Data entry may be done manually or by automatic gauging sensors for drafts, tanks, etc.
 Operation manual shall be provided.
 Facility for printout should be available.
 Input/output form in computer and the screen presentation should be similar to stability book.
 If any prescribed limitations are not complied with, then a clear warning should be given on
the screen and in printout.
 In order to validate the computer program, pre-defined loading conditions from the stability
book should be run on the computer at every annual load line inspection, at every renewal
survey in presence of Flag State surveyor, and also periodically as recommended by the
suppliers. Printouts should be retained on board for future reference.

GENERAL PRECAUTIONS (Part B/Chap. 5 and 6)

 Exercise prudence and good seamanship having regard to the season, weather forecasts and
loading zones.
 Take appropriate action as to course and speed according to the prevailing circumstances.
 Reduce the cargo if ballast has to be carried to avoid excessive GM and thus reduce structural
stresses i.e. avoid a stiff ship.
 Properly stow and lash all cargo and equipment.
 Towing vessel should have adequate reserve stability to allow for heeling moments due to the
towline. Deck cargo should not endanger the crew or impede the proper functioning of the
towing equipment. The towline should include towing springs and quick release device.
 Minimise FSE.
 Certain bulk cargoes may have adverse effect on stability. Refer Solid bulk cargoes Code.
 Comply with any special precautions prescribed in the stability book.
 Close all doors and other openings in adverse weather. These should also be kept closed
during navigation except when opened for work.
 It is dangerous to use auto-steering in bad weather as it prevents ready alteration of course
when required.
 Reduce speed in heavy weather, particularly if 6 heavy slammings or 25 propeller
emergences during 100 pitching motions are experienced.
 Alter speed and/or course in case of following or quartering seas, specially if the length of
the wave is 1 to 1.5 times the length of the ship. This could cause parametric resonance,
broaching to, reduction of stability on wave crest, and excessive rolling, either singularly or
in combination.
 Water should not be trapped in deck wells.
 Allow for absorption of water by cargo, icing, and consumption of fuel and stores during the
voyage upto the next port, when calculating the departure and arrival stability conditions.
 Ship should be upright before departure.
INTACT STABILITY CRITERIA (Part A/Para. 2.2 of Code and Reg. I/27 of MARPOL)

ALL SHIPS EXCEPT AS STATED BELOW

 Area under the GZ curve ≥ 0.055 mR upto angle of heel  = 30.
 Area under the GZ curve ≥ 0.09 mR upto  = X.
 X = 40 or the angle of downflooding, whichever is less.
 Angle of flooding is the angle at which openings in the ship, which cannot be closed
weathertight, immerse under water.
 Area under the GZ curve ≥ 0.03 mR between angle of heel of 30 and X.
 GZ ≥ 0.2m. for  ≥ 30.
 Maximum GZ should occur at  ≥ 25, preferably > 30.
 Initial GM(F) ≥ 0.15m.
 GZ curves should be corrected for FSE, which is considered only for tanks which are filled to
<98% of the full condition.

OIL TANKER (Reg. I/27)

 The tanker of DWT ≥ 5000 tons delivered  01-02-2002, shall comply with the above
stability criteria for any operating drafts under the worst possible conditions of cargo and
ballast loading, consistent with good operational practice, including intermediate stages of
liquid transfer operations.
 Under all conditions the ballast tanks shall be assumed to be slack.
 The above criteria should be maintained during all loading and ballasting operations.

TIMBER CARRIER (Part A/Para. 3.3)

 These requirements apply to ships of length  24m. carrying timber deck cargo.
 Ship should comply with Reg. 41 to 45 of Load Line convention and the Timber Code.
 Timber cargo should be loaded on deck for full length and breadth of ship.
 Following criteria applies in lieu of intact stability criteria for all ships, and weather criteria :
 Area under the GZ curve ≥ 0.08 mR upto  = 40 or angle of flooding, whichever is less.
 Angle of flooding is the angle at which openings in the ship, which cannot be closed
weathertight, immerse under water.
 Angle of heel due to steady wind pressure from one side of the ship, as stated in the
Weather Criteria, may be limited to 16, as decided by the Flag State.
 Maximum GZ ≥ 0.25m.
 Excessive GM(F) should be avoided.
 Initial GM(F) ≥ 0.1m., after allowing for absorption of water by deck cargo and ice
accretion on exposed surfaces.
CONTAINER SHIP AND OTHER CARGO SHIPS CARRYING CONTAINERS ON DECK
(Part B/Para. 2.3)

 These requirements apply to container ship of length > 100m.

 These may also apply to other cargo ships which have considerable flare or waterplane areas.
 Following criteria may apply in lieu of stability criteria for all ships :
 Area under the GZ curve ≥ 0.009/C mR upto  = 30.
 Area under the GZ curve ≥ 0.016/C mR upto  = X.
 X = 40 or the angle of flooding, whichever is less.
 Angle of flooding is the angle at which openings in the ship, which cannot be closed
weathertight, immerse under water.
 Area under GZ curve ≥ 0.006/C mR between angle of heel 30 and X.
 Area under the GZ curve ≥ 0.029/C mR upto angle of flooding.
 GZ ≥ 0.033/C m. at  ≥ 30.
 Maximum GZ ≥ 0.042/C m.
 Value of ‘C’ should be calculated by using the given formula which is based on the values
of the LBP, mean draft, moulded depth, moulded breadth measured at different depths,
KG(F), block coefficient, water-plane area coefficient, length of each coaming, mean
width and height of hatch coamings, etc.

ADDITIONAL REQUIREMENTS FOR PASSENGER SHIP (Part A/Para. 3.1)

 Heel due to crowding of passengers on one side ≤ 10, when calculated on the basis of the
following assumptions :
 Weight of each passenger = 75 kg.
 C.G. of a standing passenger = 1.0m. above the deck.
 C.G. of a sitting passenger = 0.3m. above the seat.
 Distribution of luggage to be decided by the Flag State.
 Passenger and luggage are in the same space.
 4 passengers occupy 1m2.

 Heel due to turning ≤ 10, when calculated by the following formula :

M = 0.2  V2  W  (KG - d/2) ÷ L

M Heeling moment (kNm)

V Speed (m/s)
W Displacement
 d Mean draft
L Length of the ship at the waterline

SHIP CARRYING BULK GRAIN

 The ship should comply with the Grain Code. MSC.23(59)

 In addition to the information contained in the stability book, as stated above, following
information shall also be provided :
 Curves or tables of volumes, vertical distance of the centre of the volumes from the keel
and volumetric heeling moments, for each compartment, filled or partly filled with bulk
grain, including effects of temporary fittings to prevent shifting of grain.
 Curves or tables of maximum permissible heeling moments for varying displacements
and varying KGs.
 Scantlings of temporary fittings.
 Loading instructions and a worked example.
 Typical loaded service departure and arrival conditions for three different SFs of cargo
e.g. 1.25, 1.50 and 1.75.

 The ship shall comply with the following stability criteria :

 Initial GM(F) ≥ 0.3m.
 Due to assumed shift of grain, angle of heel θ ≤ 12. θ is obtained by drawing a vertical
ordinate at the intersection of the righting arm (GZ) and heeling arm curves.
 For ships built ≥ 01-01-1994, θ ≤ 12 or the angle of contraflexture, whichever is less.
 Residual area between the righting arm and heeling arm curves ≥ 0.075 mR upto θ = X.
 X = 40 or the angle of flooding or the angle of heel of maximum difference between the
ordinates of the two curves, whichever is less.
 Angle of flooding is the angle at which openings in the ship, which cannot be closed
weathertight, immerse under water.
 Heeling arm curve is obtained by joining the ends of the following vertical ordinates :
 Ordinate 0 = (VHM) ÷ (SF  W). It is drawn at θ = 0.
 Ordinate 40 = 0.8  0. It is drawn at θ = 40.
 VHM is the sum of the volumetric heeling moments of each compartment loaded
with bulk grain, as determined from the stability data.
 As decided by the Flag State, the VHM of a filled compartment may be increased by
6% to allow for the vertical shift of C.G. due to assumed void spaces.
 For any partly filled compartment its VHM shall be increased by 12% for the same
reason as stated above.

WEATHER CRITERIA FOR ALL SHIPS (Part A/Para. 2.3)

 This criteria supplements the intact stability criteria for all ships.
 The ship should be able to withstand the combined effects of beam wind and rolling for each
standard loading condition as described below.
 Area ‘b’ ≥ Area ‘a’ (As shown in the diagram and calculated below)

L Heeling lever due to steady wind pressure from one side of the ship, acting
perpendicular to the ship’s centreline. It is calculated as follows :
L = (P  A  Z) ÷ (1000  G  W) m.
P Wind pressure = 504 Pa.
A Total area of the shipside above the waterline plus the side of the deck cargo (m2).
Z Vertical distance from the centre of area A to the centre of the underwater area or
approximately to the point at half the mean draft (m).
G 9.81 m/sec2
W Displacement (tons).
0 Angle of heel due to lever L. Value of 0 shall be limited as decided by the Flag State.
It may be 16 or 80% of the angle of contraflexture, whichever is less. For timber
carrier the limitation may be 16 only.
1 Assumed angle of roll to windward due to wave action. It is measured from the heeled
position (0) on the leeward side due to steady wind. Its value depends on the moulded
breadth, mean moulded draft, block coefficient, area of the bilge keel and/or bar keel,
GM(F), length of the ship at waterline, and distance between COG and waterline.
Anti-rolling devices if fitted should not be taken into account.
LG Heeling lever due to gust of wind = 1.5  L
C Angle of second intercept between heeling lever LG and GZ curve.
2 50 or angle of downflooding or C, whichever is less.
Angle of downflooding is the angle at which openings in the ship, which cannot be
closed weathertight, immerse under water.

INCLINING TEST (Reg. II-1/5 of SOLAS and Part B/Chap. 8 of Code)

APPLICATION

 Cargo ship of length ≥ 24m. and all passenger ships shall be inclined on completion to
determine elements of stability.
 If alterations are made which materially affect the ship’s stability, then it shall be re-inclined.
 For passenger ship the light displacement and LCG shall be re-calculated every 5 years. If
light displacement has deviated by more than 2% or the LCG has deviated by more than 1%
of its subdivision length, then it shall be re-inclined.
 The test should be conducted by the shipyard in presence of the Flag State representatives
and the final results should be reviewed by them.

EXEMPTION

 A ship may be exempted from this test if basic stability data is available from a sister ship.
However the ship shall be inclined if its light displacement deviates from that of the sister
ship by more than 1% for ship of length ≥ 160m., and by more than 2% for ship of length ≤
50m., and interpolated for other lengths,
OR
if its LCG deviates from that of the sister ship by more than 0.5% of its subdivision length.

 Tankers and bulk ore carriers may be exempted from this test if it can be proved by reference
to the existing data of similar ships that the ship will have more than sufficient GM in all
loading conditions.

PRECAUTIONS DURING TEST

 Ship should be as complete as possible at the time of the test.

 Decks should be free of water.
 Preferably the tanks should be empty and clean or otherwise they may be 100 % full.
Number of slack tanks should be minimum.
 Pump out the bilges.
 Inspect the empty tanks to ensure that they are completely free of liquid.
 Moor the ship in a quiet and sheltered place, free from propeller wash of passing ships or
discharges from shore pumps.
 Ensure sufficient underkeel clearance so that the ship will not touch bottom during the test.
 Record density of water accurately by taking readings at different points along length of ship.
 Calculate light ship displacement accurately, allowing for any weights to be added or
removed after the test.
 The ship should be able to heel without restriction.
 Remove access ramp to the ship.
 Slacken all lines connected to the ship e.g. mooring lines, power lines, hoses, etc.
 Ship should be upright with all the inclining weights in position.
 Ensure that draft is sufficient so that when the ship inclines there are no abrupt changes in the
waterplane.
 Inclination during the test should be 1 to 4.
 The inclining weights should be compact so that their Kg can be accurately measured.
 Weigh each weight before the test.
 Locate the weights on upper deck, as far outboard as possible, without over-loading the deck.
 If floating crane is used for shifting the test weights then do not moor it to the ship.
 Heeling the ship by liquid transfer may be permitted by the Flag State provided certain
precautions are taken.
 Pendulums should be used as follows :
 2 to 3 pendulums should be used.
 Locate them in any part of ship, longitudinally or transversely, but as far apart as
possible.
 Protect them from wind.
 Length should be 4 to 6m. (different for each pendulum) to give a deflection ≥ 15 cm. for
an inclination of upto 4.
 Use piano wire and attach it to the top so as to allow unrestricted movement.
 Provide a trough filled with liquid to dampen the oscillations.

 U-tubes or inclinometers may be used in conjunction with at least one pendulum provided
precautions as stated are taken.
 U-tube should be able to show a difference of at least 15 cm. in the levels in the two arms for
inclination of upto 4.
 Establish efficient communication.
 Carryout 8 movements of weights and final movement should bring the ship back to upright.

ROLLING PERIOD TEST

 It applies to ships of length ≤ 70m.

 The formula given below is used to determine the GM of small ships when either it is not
possible to give approved loading conditions or as a supplement to the given conditions.

GM = (F  B  T)2

F Factor of approximate value 0.73 to 0.88, depending on the loaded condition of

the ship, as decided by the Flag State.
B Breadth of the ship (m).
T Period of one full roll (sec) i.e. port – starboard – port, or vice-versa.

ALTERNATE METHOD FOR CALCULATING ROLLING PERIOD

GM(F) = ( 2K ÷ T )2 = F ÷ T2
K --- Radius of gyration.
T --- Period of roll.
F --- Rolling factor as decided by the Flag State.

ALTERNATE METHOD FOR CALCULATING HEEL DUE TO TURNING

Tan  = ( V2 × BG) ÷{ G × R × GM(F)}

V --- Ship’s speed (m/sec).
BG --- Vertical distance between C.G. and C.B.
G --- 9.81 m/sec.
R --- Radius of turning circle (m).

DAMAGE CONTROL INFORMATION (Reg. II-1/19 of SOLAS and MSC.1/Circ.1245)

Damage control plan

 It shall be permanently exhibited on the navigation bridge, control station, cargo control
room, ship’s office or at other suitable location.
 It shall show the locations of the following :
 Boundaries of watertight compartments for each deck and hold.
 Cross-flooding systems, blow-out plugs, any mechanical means to correct list due to
flooding, and all their valves and remote controls, if any.
 Internal watertight closing appliances including, on RO-RO ships, internal ramps or
doors acting as extension of the collision bulkhead, and their local and remote controls,
position indicators and alarms.
 Watertight closing appliances which are allowed / not allowed to be opened during
navigation.
 Doors in the shell of the ship, and their position indicators, leakage detection and
surveillance devices.
 External watertight closing appliances in cargo ships, and their position indicators and
alarms.
 Weathertight closing appliances in local subdivision boundaries above the bulkhead deck
and on the lowest exposed weather decks, and their controls and position indicators, if
applicable.
 Bilge and ballast pumps, their control positions and associated valves.

 In addition it shall give the following information :

 List of equipment, conditions, and operational procedures to maintain watertight
integrity.
 List of elements which are vital for survival of ship i.e. closures, security of cargo,
alarms, etc.
 Simple way of assessing the ship’s survivability in case of damage to compartments.

Damage control booklet

 It shall contain the following information :

 Damage control plan.
 General instructions for controlling the effects of damage, such as:
 Immediately closing all watertight and weathertight closing appliances.
 Establishing the locations and safety of persons on board.
 Sounding tanks and compartments to ascertain the extent of damage.
 Repeated soundings to determine rates of flooding.
 Cautionary advice regarding the cause of any list, liquid transfer operations to lessen
list or trim, and the resulting effects of creating additional free surfaces and of
initiating pumping operations to control the ingress of water.
 A shore-based emergency response system may be used to supplement the booklet.

DAMAGE STABILITY (Reg. 27 of Protocol 1988 of Load Lines Convention)

 It applies to ships constructed ≥ 01-01-2005. Reg. 2(7)

 For type A ship (tanker) of length > 150m. permeability of any floodable compartment is
assumed to be 0.95. Reg. 27(3). Under special conditions this may also apply to type B ships
(other than tankers) of length >100m. Reg. 27(8)
 For all ships of length > 150m., permeability of machinery space is assumed to be 0.85. Reg.
27(3 & 10(b))

Initial loading condition Reg. 27(11)

 Ship is loaded with homogeneous cargo to its summer loadline.

 All cargo compartments are considered to be fully loaded except that liquid cargo
compartments are considered to be 98% full.
 KG of the ship is calculated based on principles stated in this regulation.

Damage assumptions Reg. 27(12)

 Vertical extent of damage in all cases is assumed to be from base line upwards without limit.
 Transverse extent of damage is equal to B/5 or 11.5 m, whichever is less.
 Only one compartment is assumed to be flooded.
 However, under special conditions, throughout the length of the ship, any one transverse
bulkhead is assumed to be damaged, such that two adjacent fore and aft compartments shall
be flooded simultaneously, except that such damage shall not apply to the boundary
bulkheads of a machinery space. Reg. 27(10(a)). In such a case spacing between adjacent
transverse bulkheads shall be ≥ 1/3L⅔ or 14.5m., whichever is less. Reg. 27(12(f))

Conditions of equilibrium Reg. 27(13)

After flooding due to the above assumed damage, the ship shall attain the following equilibrium
condition, taking into account sinkage, heel and trim :
 Final waterline is below the lower edge of any opening through which progressive flooding
may take place, such as air pipes, ventilators, hatch covers, etc., which are closed by
weathertight covers. It may exclude openings which are closed by watertight covers such as
manholes, flush scuttles, cargo hatch covers used on tankers, remotely operated sliding
watertight doors and sidescuttles of non-opening type.
 If pipes, ducts or tunnels are situated within the assumed extent of damage, arrangements
shall be made so that progressive flooding cannot thereby extend to compartments other than
those assumed to be floodable.
 Angle of heel due to unsymmetrical flooding is 15° to 17°.
 GM is positive.
 Residual range of stability is ≥ 20° beyond the position of equilibrium.
 Maximum GZ within the residual range is ≥ 0.1 m.
 Residual area under the GZ curve is ≥ 0.0175 mR.

DAMAGE STABILITY (Reg. I/28 of MARPOL)

 This applies to tanker of GT  150 tons delivered > 31-12-1979.

 Approved damage stability data shall be supplied to the Master.

Assumed side damage

Longitudinal 1/3L2/3or 14.5m., whichever is less.

Transverse B/5 or 11.5m., whichever is less.
Vertical Unlimited

Assumed bottom damage

Within 0.3L from FP Any other part

2/3 2/3
Longitudinal 1/3L or 14.5m., whichever is less. 1/3L or 5m., whichever is less.
Transverse B/6 or 10m., whichever is less. B/6 or 5m., whichever is less.
Vertical B/15 or 6m., whichever is less. B/15 or 6m., whichever is less.

Assumed bottom raking damage for tanker of DWT  20000 tons delivered  06-07-1996

Longitudinal 0.6L from FP for tanker of DWT  75000 tons.

0.4L from FP for tanker of DWT < 75000 tons.
Transverse B/3 anywhere in the bottom.
Vertical Breach of outer hull.

Assumed location of damage

 Damage shall be assumed to be located, depending on the length of the tanker, as follows :

L > 225m. Anywhere in the tanker’s length.

225 ≥ L > 150 m. Anywhere in the tanker’s length, without involving the
forward and aft bulkheads of the machinery space, which is
treated as a single floodable compartment.
L ≤ 150m. Anywhere in the tanker’s length, without involving any
transverse bulkhead, and excluding the machinery space.

 The above requirements do not apply if the tanker is in ballast condition without any oil
cargo, other than oil residues.
 Transverse bulkheads shall be spaced at a distance at least equal to longitudinal extent of side
damage. Any bulkhead within this distance shall be assumed to be non-existent.
 If pipes, ducts and tunnels are situated within the assumed extent of damage, then
arrangements shall be made to prevent progressive flooding of the intact compartments.
 Permeability of the flooded space shall be assumed to be 0.6 to 0.95, depending on its utility,
as given in this regulation.
 Suction wells may be neglected provided these are not excessive in area. (Interpretation 47)

Stability criteria after damage

 Final waterline, after taking into account sinkage, heel and trim, is below the lower edge of
any opening through which progressive flooding may take place, such as air pipes and others
which are closed by weathertight covers. It may exclude openings which are closed by
watertight covers such as manholes, flush scuttles, small cargo tank hatch covers, remotely
operated sliding watertight doors and sidescuttles of non-opening type.
 Heel after flooding ≤ 25, or 30 if the deck edge is not submerged.
 Residual range of stability after flooding ≥ 20.
 After flooding, if the tanker further heels within the residual range, then the unprotected
openings shall not submerge but weathertight openings may submerge.
 Maximum residual GZ ≥ 0.1m.
 Residual area under the curve ≥ 0.0175 mR.

DYNAMIC STABILITY PHENOMENA (Part A/Para. 1.2)

 Following phenomena in seaway may cause large roll angles and/or accelerations :
 A ship exhibiting large righting lever variations between wave trough and wave crest
condition may experience parametric roll or loss of stability or both.
 A ship drifting freely without propulsion or steering may be endangered by resonant roll.
 A ship in following or quartering seas may not be able to keep constant course despite
maximum steering efforts, which may lead to extreme angles of heel.

 Necessary precautions may need to be taken to address the severity of such phenomena.

A.715(17) Code of safe practice for ships carrying timber deck cargoes.
MSC.23(59) Code for the safe carriage of grain in bulk.
MSC.143(77) Amdt. of Reg. 27 of 1988 Protocol of Load Lines Convention.
MSC.172(79) Amdt. of Reg. 27 of 1988 Protocol of Load Lines Convention.
MSC.216(82) Amdt. of chapter II-1 of SOLAS regarding stability.
MSC.266(84) Code of safety for special purpose ships.
MSC.267(85) Code on intact stability, 2008
MSC.281(85) Explanatory notes to sub-division and damage stability regulations of
 chapter II-1 of SOLAS.
MSC/Circ.456 Preparation of intact stability information.
MSC/Circ.706 ; Intact stability of existing tankers during liquid transfer operations.
MEPC/Circ.304
MSC/Circ.920 Model loading and stability manual.
MSC.1/Circ.1200 Alternative assessment of the weather criterion.
MSC.1/Circ.1228 Guidance to the master for avoiding dangerous situations in adverse
weather and sea conditions.
MSC.1/Circ.1229 Approval of stability instruments.
MSC.1/Circ.1245 Guidelines for damage control plans.
MSC.1/Circ.1281 Explanatory notes to the Intact Stability Code.

Notes on

THE MERCHANT SHIPPING ACT

44 OF 1958

By
 Capt. A.K. PRASAD

Adopted by parliament on 30-10-1958.

Different Parts / Sections of the Act entered into force on different dates ranging from 1958 to
1961.

PREAMBLE

An Act to foster the development and ensure the efficient maintenance of an Indian mercantile
marine in a manner best suited to serve the national interests.

PART I

APPLICATION - Sec. 2

 It applies to any vessel which is registered in India, or which is required to be so registered,

or which is owned wholly by persons who are eligible to be owners of the vessel in
accordance with this Act, wherever the vessel may be.
 It applies to vessels, other than those mentioned above, only if such vessels are within the
territorial waters of India. Certain Sections shall apply, where so specified, when such vessels
are within the exclusive economic zone of India.
 The limits are described in the Maritime Zones Act.

IMPORTANT DEFINITIONS – Sec. 3

Distressed Seaman engaged under this Act who, by reason of having been discharged or
seaman left behind from, or shipwrecked in, any ship at a foreign place, is in distress at
that place.
Fishing vessel Means a vessel fitted with mechanical means of propulsion, exclusively
engaged in sea fishing for profit.
Foreign-going Ship, not being a home-trade ship, employed between any Indian and foreign
ship ports, or between foreign ports.
Home-trade Ship of GT ≤ 3000 tons employed between Indian ports, or between Indian
ship port and port in Sri Lanka, Maldives Islands, Malaysia, Singapore or Myanmar.
Indian ship Ship registered in India.
Master Any person, except pilot or harbour master, having command or charge of ship.
Owner Person to whom the ship or a share in the ship belongs.
Passenger Any person on board who is not employed in any capacity, and a person who is
on board due to force of circumstances which could not be prevented by the
Master or charterer, and a child < 1 year age.
Passenger ship A ship carrying > 12 passengers
Sailing vessel Means any vessel provided with sufficient sail area for navigation by sails
alone, whether or not fitted with mechanical means of propulsion, including a
rowing boat, but not a pleasure craft.
Sea-going ship Ship proceeding to sea beyond inland waters or beyond waters declared to be
 smooth or partially smooth by the Central government notification.
Seaman Every person, except a Master, pilot or apprentice, employed as a member of a
ship’s crew. It includes the Master in relation to sections 178 to 183 of the Act
dealing with protection of seaman in respect of litigation.

REGISTRATION OF SHIPS

PART V

APPLICATION – Sec. 20

This Part applies to sea-going ships fitted with mechanical means of propulsion, except fishing
vessels.

OWNERSHIP – Sec. 21

A ship shall not be deemed to be an Indian ship unless it is owned wholly by persons, each of
whom satisfy the following description :
 Citizen of India, or
 Company, established by any Central or State Act, which has its principal place of business
in India, as defined in section 3 of the Companies Act 1956, or
 Co-operative society registered under the Co-operative Societies Act 1912 or any other law
relating to co-operative societies in force in any State.

 Company has to be registered under the said Act or any other earlier acts. It could either be
a private or a public company.
 A private company ---
 restricts right to transfer its shares,
 limits number of its members to 50, and
 prohibits public from subscribing for shares in it.

 A public company is one which is not a private company.

 Co-operative society has to be registered with the Registrar appointed by the State
government. Its objective is the promotion of the economic interests of its members in
accordance with co-operative principles.
OBLIGATION TO REGISTER – Sec. 22 and 24

Every Indian ship, unless its NT ≤ 15 tons and is employed solely in navigation on the coasts of
India, shall be registered with the Principal Officer of MMD.

DOCUMENTS FOR REGISTRATION – Sec. 27, 29 and 30

Following documents shall be submitted by the owner to the Registrar :

 Declaration of ownership containing following information :
 Particulars of the ship.
  When and where the ship was built.
 Particulars of its previous registry.
 Name of the Master and his certificate number. (Registry Rules)
 Number of shares owned by the declarer.
Property of a ship is divided into maximum 10 shares and each share can be jointly
owned by maximum 5 persons. Sec. 25
 Signed in the presence of any one of the following : (Registry Rules)
 Special Executive Magistrate
 Commissioner of Oaths
 Indian Consular Officer (CO)

 Builder’s certificate containing the particulars of the ship. It is not required if the ship has
been built outside India. If false statement is made in this certificate, fine Rs.1000.
 Instrument of sale.
 Permission of D.G. Shipping if the ship is built outside India. (Registry Rules)
 Certificate of survey signed by a surveyor appointed by the Registrar, certifying the tonnage
and full particulars of the ship.
 Name of the ship, as proposed by the owner and approved by D.G. Shipping. (Registry
Rules)
 Allotment of Official number and Call sign by D.G. Shipping. (Registry Rules)
 Carving and Marking Note signed by a surveyor appointed by the Registrar, certifying that
following markings have been made on the ship : (Registry Rules)
 Name of the ship on either side of the bow and at the stern.
 Port of registry at the stern.
 The above names shall be in Hindi and English, and the Hindi names shall be in superior
position to the English names. They shall be marked on a dark background in white or
yellow letters or on a light background in black letters. Each letter shall be at least 1
decimetre in height and at least 1.3 centimetres in width.
 Official number and NT, marked on a brass plate 30  6 cm. and affixed in a conspicuous
place on the navigating bridge on the main beam.
 Draft marks cut or welded in metres and decimetres both forward and aft, on port and
starboard sides.
 If any markings are altered, fine Rs.100.

 If any person makes a false statement in any declaration or document he may be imprisoned
for 6 months or fined Rs.1000 or both. Sec. 436(2)(16)

CONTENTS OF CERTIFICATE OF REGISTRY – Registry Rules

 Name of the ship

 Official number
 No., date and ports of present and previous registry
 When and where built
 Name and address of the builders
 Particulars of the propulsion machinery as follows :
  Type of propulsion
 Number and description of engines
 When and where manufactured
 Name and address of the manufacturer
 Number and diameters of the cylinders
 Length of the stroke
 Propulsion power
 Estimated speed of the ship
 Number of shafts
 Number, description and loaded pressure of the boilers

 Number of decks
 Type of stem and stern
 Material of construction
 Number of bulkheads
 Length, breadth and moulded depth amidships
 GT and NT
 Endorsement of change of the Master and his certificate number. Sec. 37
 Name, address and occupation of each owner
 Number of shares held by each owner
 Number of crew for whom the accommodation is certified (Excluding Master)

USE OF CERTIFICATE OF REGISTRY

 A ship cannot sail without this certificate. If Master or owner attempts to use a false
certificate for navigation, the ship shall be forfeited and the person fined Rs.1000. Sec. 35(4)
 It shall be used only for the lawful navigation of the ship. Any person withholding it for any
other reason shall be fined Rs.1000. It cannot be detained by any person by virtue of any lien
or mortgage. Sec. 35
 If the certificate is defaced, mutilated, mislaid, lost or destroyed then a duplicate certificate
can be issued. If this happens abroad then a provisional certificate may be issued by the CO,
which has to be delivered to the registrar on arrival in India, in exchange for a new
certificate. If Master fails to do so within 10 days of arrival, fine Rs.500. Sec. 36
 If the lost certificate is subsequently found then it shall be returned to the registrar for
cancellation. Failure to do so, fine Rs.1000. Sec. 36(5)
 Any change of ownership shall be recorded on it after the same is approved by D.G.
Shipping. Failure to record the change, fine Rs.1000. Sec. 38
 If the ship is acquired abroad then a provisional certificate of registry may be issued by the
CO. It shall be valid for 6 months or till the ship arrives in India, whichever is earlier. Sec. 40
 Any change of name shall be recorded on it after the same is approved by D.G. Shipping. If
name is changed without approval, ship shall be detained and fined Rs.1000. Sec. 55
 Mortgage shall not be recorded on it but the same is recorded in register book of the registrar.
 Any alterations to the ship shall be recorded on it. If alterations affect the principal
dimensions of the ship or its means of propulsion then the ship shall be registered anew. If
 the owner fails to inform the registrar, fine Rs.1000 and Rs.50 per day for each day of delay
in informing. Sec. 56 and 57
 At the request of the owner, the port of registry can be transferred with the permission of
D.G. Shipping, in which case a fresh certificate shall be issued after the name of the new port
is marked on the ship. Sec. 61

TRANSFER OF THE SHIP OR SHARE

 No Indian ship can be transferred or acquired till following actions are taken : Sec. 42
 All wages and other amounts are paid to the seamen.
 The owner obtains clearance from D.G. Shipping.
 An instrument of sale is executed and duly registered with the registrar.

 If an Indian ship ceases to be an Indian ship due to transmission of property of the ship on
death, insolvency, etc. of the owner, then Central government can approach the High court to
arrange to sell the ship to an Indian citizen or company or co-operative society, and the
proceeds of sale shall be given to the person entitled to it by virtue of transmission. Sec. 45

MISCELLANEOUS

 Every Indian ship shall only exhibit the proper national colours as prescribed. If some other
colours are exhibited, fine Rs.5000. Sec. 63
 If any person on a foreign ship hoists the Indian colours he may be imprisoned for 2 years or
fined Rs.5000 or both, unless it was done to escape capture by an enemy. Sec. 64
 If the owner or Master of an Indian ship knowingly conceals the Indian character of the ship
he may be penalised as stated above. Sec. 65
 An Indian ship shall hoist the proper national colours ---:Sec. 66
 On receiving signal from Indian Navy,
 On entering or leaving a foreign port, and
 On entering or leaving an Indian port, if ship’s GT ≥ 50 tons.
 Failure to do so, fine Rs.1000.

CERTIFICATES OF OFFICERS

PARTS VI and VIA

APPLICATION – Sec. 75

This part applies to sea-going Indian ship fitted with mechanical means of propulsion, wherever
the ship is. It also applies to a foreign ship when it is at a port or place in India.

CERTIFICATES OF COMPETENCY (COC)

 Every Indian ship when going to sea shall be provided with officers, each holding COC of
appropriate or higher grade according to his station in the ship, in accordance with prescribed
manning scales for different ships, for maintaining watches at sea and in port. Sec. 76
 If a person causes a ship to go out to sea without the required certificated personnel he may
be imprisoned for 6 months or fined Rs.10000 or both. Sec. 436(17a)
 If a person is engaged as an officer without being duly certificated he may be imprisoned for
6 months or fined Rs.5000 or both. Sec. 436(17b)
 Grades of COC shall be as prescribed in Sec. 78(1).
 COC of engineer shall state whether he is entitled to work on a ship fitted with steam, motor
or any other type of engine. Sec. 78(2)
 Persons working on board ships carrying dangerous goods shall require an endorsement to
that effect on his COC. Sec. 78(3)
 Foreign-going COC shall be deemed to be of higher grade than the corresponding Home-
trade COC. Sec. 78(5)
 Extra-Master or Extra-First class COC shall be deemed to be of higher grade than any other
grade of COC. Sec. 78 (6 and 7)
 D.G. Shipping shall appoint persons to examine persons desirous of obtaining COC, and
shall grant the COC to him after obtaining pass report from the examiner and satisfactory
evidence of his sobriety, experience, ability and general good conduct on board ship. Sec. 79
(1 and 2)
 The COC shall be valid ≤ 5 years. Sec. 79(3)
 India may recognise COC granted by other countries. A person holding such foreign COC
shall be deemed to be certified to work in appropriate capacity on board Indian ship. Sec. 86
 Master of a foreign ship shall ensure that before sailing out of an Indian port the ship has on
board requisite number of officers of appropriate grade as specified in the STCW
Convention. Sec. 86A
 Sec. 84 regarding producing of COCs of all officers to the shipping master, exempted vide
D.G. Shipping order No. 7 of 2002.

OBLIGATION OF INDIAN COC HOLDER

 Every Indian holding COC shall be liable to serve a major port, government corporation,
company or training institution, or in any Indian ship, for a period of ≤ 4 years after obtaining
the COC. If he has obtained two or more COCs then he shall be liable to serve as stated
above for ≤ 7 years. Sec. 87B
 If he has not been able to obtain employment in a capacity for which he is holding the COC,
then he may be exempted from his above liability by D.G. Shipping. Sec. 87C(1)
 He may make an application to D.G. Shipping to grant such exemption. If he does not
receive any reply within 45 days, the exemption shall be deemed to have been granted. Sec.
87C(5)
 After the appointed date every Indian shall periodically submit particulars of his COC and
employment in prescribed form. Sec. 87D

SEAMAN
 PART VII

APPRENTICESHIP TO SEA SERVICE – Sec. 92

Contract for apprenticeship shall be in the prescribed form between the boy, or his guardian if he
is a minor, and the Master or ship owner, executed in presence of the Shipping Master (SM) who
shall ensure the following :
 Boy is ≥ 15 years of age.
 He understands the contract and agrees to be bound by it.
 He is physically fit for sea service.
 If he is a minor, his guardian’s consent is obtained.

ARTICLES OF AGREEMENT

 Master of a ship, other than Home Trade (HT) ship of GT < 200 tons, shall enter into an
agreement with every seaman. If it is not done, fine Rs.100 per seaman. Sec. 100
 It shall be signed by the owner or agent and the Master, before a seaman signs it. Sec. 101(1)
 At the commencement of a voyage, Master shall post a copy of the agreement and a certified
translation of the same, in the language of the majority of the crew, at a readily accessible
place on the ship. If this is not done, fine Rs.50. Sec. 107
 Any erasure, interlineations or alteration of the agreement shall be inoperative unless it is
made with the consent of the interested parties and the same is attested by the SM, customs
collector or Indian Consular Officer (CO). Sec. 108

CONTENTS OF ARTICLES OF AGREEMENT – Sec. 101

 Name of the ship.

 Either nature and duration of the voyage or engagement, or the maximum period of the
voyage or engagement, and the places of the world to which the voyage will not extend.
 Number and description of crew of different categories in each department.
 Time to board the ship or to start work.
 Capacity of each seaman.
 Wages of each seaman.
 Scale of provisions to be furnished to each seaman as fixed by the Central government. Fine
for non-compliance Rs.200.
 Scale of warm clothing and additional provisions to be furnished to each seaman during
periods of employment in specified cold regions.
 Regulations regarding conduct of seaman and fines or other punishments for misconduct as
sanctioned by the Central government.
 Payment of compensation for injury or death caused by an accident arising out of and in the
course of employment.
 A stipulation that, if service of seaman ends at a foreign port then he shall be provided either
a fit employment on some other ship bound for an agreed Indian port or a free passage to
India.
 A stipulation that, in the event of a dispute arising out of India, on matters of the agreement,
the same shall be referred to the CO and his decision shall be binding on all parties until the
ship returns to the Indian discharge port.
 Facilities for seaman to remit wages to a bank or near relative subject to certain conditions.
Fine Rs.100 for not doing so. Sec. 131
 Payment of advance ≤ 1 month’s wages. Fine Rs.100 for not providing this facility. Sec.
135(1). If a seaman fails to join or deserts the ship after receiving the advance he may be
imprisoned for 1 month or fined Rs.100 or both. Sec. 135(3)
 Allotment of ≤ ¾th of his wages to his family member, relative or any purpose approved by
Central government. Sec. 136
 Any other stipulations as may be prescribed.

QUALIFICATIONS OF SEAMAN FOR ENGAGEMENT

 He shall be registered with and supplied by the Seaman’s Employment Office and shall be
engaged by owner, Master, mate or agent of the ship, or by the Director of seaman’s
employment office or by the SM. Fine Rs.100 per seaman wrongly engaged. Sec. 96
 His age shall be within prescribed limits.
 He shall possess prescribed qualifications. Sec. 98(1)
 He shall possess a valid medical fitness certificate. Fine Rs.100 for each unfit seaman
engaged. Sec. 98(2)
 For engagement on any ship, other than HT ship of GT < 200 tons, he shall possess a valid
Continuous Discharge Certificate (CDC). Fine Rs.100 for each seaman engaged without
CDC. Sec. 99
 He shall possess prescribed identity document. Sec. 99A
 To prevent seaman from being taken on ship contrary to this Act, the SM or the Director of
seaman’s employment office or their assistants may board the ship and muster the crew. If he
is prevented from doing so, fine Rs.100. Sec. 117

ENGAGEMENT ON AND DISCHARGE FROM INDIAN SHIP

Sec. 84, 103 to 106, 116, 118, 120, 128 and 130 exempted by
D.G. Shipping order No. 7 of 2002 dt. 03-12-2002

 All the terms and conditions of engagement and discharge of seaman are compiled in a
separate document called the Collective Bargaining Agreement (CBA) which is specific to
the shipping company. A copy of CBA shall be available with SM, Seaman’s union, shipping
company and the Master.
 The new Articles of Agreement is a single sheet of paper which is prepared separately for
each seaman. It contains the following information :
  A statement that all the terms and conditions of service of the seaman shall be governed
by the relevant CBA applicable for the shipping company and the ship.
 Full particulars of the employer/shipping company.
 Full particulars of the agent of the employer/company.
 Full particulars of the ship.
 Rank of the seaman, his wages, allotment, provident fund and gratuity.
 Amount of allotment.
 Complete data about the seaman, including the certificate of competency and
endorsements held by him.
 Particulars of next-of-kin of the seaman.

 5 original copies of the above new articles of agreement shall be prepared, and shall be
signed by employer/employer’s agent and the seaman, in the employer’s office (Signed-on
ashore).
 The 4th original copy shall be retained by the employer/employer’s agent for their record.
 The 5th original copy shall be sent by employer/employer’s agent, within 48 hours of
engagement, to SM nearest to the place of engagement or nearest to its head office, alongwith
the prescribed fees.
 Seaman shall carry the first 3 original copies to the ship and these shall be signed by the
Master and again by the seaman (Signed-on ship).
 On completion of engagement, all the first 3 original copies shall be signed by the Master
and the seaman (Signed-off ship).
 1st original copy shall be retained by the Master for his record.
 Seaman shall carry the 2nd and 3rd original copies ashore and these shall be signed by the
employer/employer’s agent and again by the seaman, in employer’s office (Signed-off
ashore).
 The 2nd original copy shall be retained by the seaman for his record.
 The 3rd original copy shall be sent to the same SM to whom the 5 th original copy was sent by
the employer/employer’s agent at the time of signing-on ashore.
 Photocopies of the 3rd original copy shall be sent to the following organisations :
 Seamen’s Provident Fund.
 Seafarers’ Welfare Fund society.
 One photocopy shall be retained by the employer/employer’s agent.

 Master shall keep on board the following documents :

 Copy of the applicable CBA.
 Provisions of the ILO conventions ratified by India.
 Merchant Shipping Act 1958.
 Rules/notices/circulars/orders issued by the Central government.

 Above documents shall be available to the seaman and all other legitimate authorities for
their perusal.

PRIVISIONS FOR DISCHARGE OF SEAMAN

 On being discharged, Master shall grant to seaman a CDC specifying following : Sec. 119(1)
 Name of the ship and its main particulars.
 Date and place of engagement and discharge.
 Name and signature of the Master.
Fine Rs.200 for non-compliance.

 If any person forges, alters or fraudulently uses the CDC, he may be imprisoned for 6 months
or fined Rs.500 or both. Sec. 436(35)
 Master shall return the COC to the officer. Fine Rs.200 for not doing so. Sec. 119(2)
 Master shall prepare an account of wages and give it to the seaman before he leaves the ship,
at least 24 hours before discharge. Fine Rs.50 for not doing so. For this purpose Master shall
maintain a record of deductions made for disrating the seaman or for other reasons, which
shall be shown to any competent authority and to the seaman at the time of payment of
wages. Sec. 125 to 127
 Master/employer shall pay ¼th of wages due at the time of discharge on board/ashore and the
balance within 4 days after discharge. If he does not do so, then he shall pay 2 days wages for
every day of delay counting from day of discharge, maximum 10 days double pay. Sec. 129
 In case of any dispute regarding wages, the matter shall be submitted to the SM whose award
shall be final and enforceable by a Magistrate. Arbitration Act 1940 shall not apply. Sec. 132

ENGAGEMENT ON FOREIGN SHIP

 Master of a foreign ship, having an agreement with his crew in accordance with the law of
the Flag State, may engage in India an Indian or foreign seaman holding a CDC. In such a
case the Indian seaman may sign the foreign agreement in lieu of the Indian agreement. Sec.
102
 Except as stated above, Master of a foreign ship shall engage Indian seaman in India in
accordance with this Act as applicable to Indian Foreign Going (FG) ships. Fine Rs.100 per
seaman wrongly engaged. Sec. 114(1)
 Master or the ship’s agent in India shall give to the SM a bond with security of some
approved person in India, for an amount fixed by the Central government, in respect of each
seaman engaged. Sec. 114(3)

PREMATURE TERMINATION OF SERVICE

 Master shall not discharge seaman without his consent, before the expiry of the agreement,
and shall not leave him behind, without the authority of the officer appointed by the Central
government. Fine Rs.1000 for doing so. The officer shall grant permission if he is satisfied
that the seaman has failed or refused to join the ship, or has been absent without leave for
more than 48 hours, without reasonable cause. Sec. 121
 If seaman is left behind, Master shall take following actions : Sec. 122
 Enter in the Official Log Book (OLB) a statement of wages due to him and his property
left behind.
 Take charge of his property.
  Within 48 hours of arrival at an Indian port where the voyage terminates, deliver
following items to the SM :
 Wages and property of the seaman, and obtain a receipt for the same.
 Statement of expenses incurred, supported by vouchers, in case absence of the
seaman is due to desertion. If the SM is satisfied, expenses incurred shall be
reimbursed from the wages or property of the seaman.

 Fine Rs.200 for not taking any of the above actions.

 If service of seaman is terminated at a foreign port, without his consent, and before the expiry
of the engagement period, Master shall make adequate provision for his maintenance
according to his rank, and for his repatriation to the engagement port. Sec. 123
 In case he is left behind at a foreign port due to unfitness or inability to proceed on the
voyage, he shall be entitled to wages from date of termination of service till he arrives at his
engagement port. Sec. 141(1)(b)
 If a ship is sold abroad, all seamen shall be discharged at that port unless they agree to
continue the voyage on the same ship. They shall be entitled to maintenance, repatriation
expenses to their engagement port and wages as if they have been wrongfully discharged
before termination of their agreement. Sec. 124
 If he is discharged prematurely without his fault or consent, including discharge due to sale
of the ship, he shall be entitled to compensation, in addition to wages earned, as decided by
the SM, maximum as follows : Sec. 143
 1 month’s wages if he is discharged before the voyage commences.
 3 month’s wages if he is discharged after the voyage commences.

 In case of premature termination of service due to wreck, loss or abandonment, he shall be

entitled to following emoluments : Sec. 141(1)(a)
 Wages from the date of termination till he returns to his engagement port, minimum 1
month wages, unless he was or could have been suitably employed, or he did not apply to
the proper authority for relief as distressed seaman.
 Compensation for loss of his effects equivalent to minimum 1 month wages for HT ship
and minimum 3 months wages for FG ship.

 In case of wreck or loss of the ship, if he did not exert himself to the utmost to save the ship,
cargo and stores, then his claim for wages shall be barred. Sec. 140(1)
RIGHTS OF SEAMAN IN RESPECT OF WAGES

 His right commences from the time he starts work or as stated in the agreement. Sec. 138
 His working hours are maximum 48 hours/week. Sec. 138A. For extra work he shall be paid
double the average hourly rate of wages.
 He shall not forfeit his right by any agreement. Sec. 139
 Similarly he shall not forfeit by any agreement his right to salvage award unless he is
engaged on a ship which, by the terms of the agreement, is employed on salvage service. Sec.
139
 His right is not dependent on earning of freight by the ship. Sec. 140
 Wages cannot be attached by any court. Sec. 144(1)(a)
 Any assignment thereof before it becomes due, shall not be binding on the person making it.
Sec. 144(1)(b)
 Power of attorney given for receipt thereof can be revoked. Sec. 144(1)(c)
 It can be paid to him even if there is any kind of assignment or attachment. Sec. 144(1)(d)
 Above provisions do not apply to allotment made, and to any contribution to any fund or
scheme, approved by the Central government, meant for the health and social insurance
benefit of seaman. Sec. 144(2 and 3)
 Master has the same rights, liens and remedies for recovery of his wages under the Act, as
any seaman. Sec. (148)
 A debt incurred by seaman after he was engaged on a ship, shall not be recoverable till his
service is concluded. Sec. 186
 He shall not be entitled to wages under the following circumstances : Sec. 142(1)
 Absent without leave.
 Unlawfully refuses or neglects to work.
 Imprisoned, unless the court directs otherwise.

 He shall be entitled to wages if he did not perform his duty due to illness, hurt or injury,
except under the following circumstances : Sec. 142(2)
 It was caused due to his own wilful act, default or misbehaviour.
 It occurred on return to the engagement port and was not due to his employment.
 He unreasonably refused to undergo treatment.

DECEASED SEAMAN

 If seaman dies on ship, Master shall take following actions : Sec. 152
 Report to his next-of-kin.
 Report to the SM at engagement port.
 Take charge of his money and effects (includes clothes and documents), and make an
entry in the OLB.
 Enter the wages due to him, and deductions if any, in the OLB.

 All the above money, wages and effects are called “Property of seaman” in this Act.
 If Master does not take charge of the property, he shall be accountable to the SM and shall
pay 3 times the value of the property, or Rs.500 if the value cannot be accounted. Sec. 154
 After he dies, if the ship calls at a foreign port for 48 hours, before arriving at an Indian port,
Master shall report the case to the CO, and, if the latter so desires, hand over the property to
him and obtain a receipt for the same. Master shall give the receipt to the SM of destination
port within 48 hours of ship’s arrival. If the CO does not ask for the property or if the ship
does not call at a foreign port, then the Master shall deliver the same to the SM within 48
hours of arrival at an Indian port. Sec. 153
 After all the provisions of the Act relating to deceased seamen are complied with, the SM
shall give a certificate to that effect to the Master. Sec. 153(6)
 If he dies abroad and his property is left behind, then the local CO shall take charge of the
same. Sec. 155
 In all above cases CO shall send the property to SM of engagement port. Sec. 156(3)
 CO or SM, if he thinks fit, and after complying with the wishes of the next-of-kin, sell his
effects and include the sale proceeds in his property. Sec. 156(1 and 2)
 If he is lost with the ship then the Central government may appoint an officer to recover in a
court the wages and compensation due to him from the owners. Sec. 157

 For this purpose, if a ship is not heard of for at least 12 months after departure from
any port, it shall be deemed to have been lost with all hands on board.

 SM shall deliver the property to the person nominated by the seaman, or in absence of a
nomination, to the rightful heir as decided in accordance with the Indian Succession Act
1925. Sec. 159
 For this purpose, seaman may nominate one or more persons. If he has a family then the
person nominated shall be a family member. If he acquires a family after the nomination then
it shall become void and a fresh nomination shall be made. Sec. 159A

 For this purpose, “family” means his wife, children, married or not, dependent parents and
deceased son’s widow and children. If the wife ceases to be entitled to maintenance under
any accepted law, then she will not be a part of his family. If his child, or the child of his
deceased son, is adopted by another person under any accepted law, then the child will not
be part of his family.

 If there are no claimants for the property within 1 year of the receipt thereof by the SM, then
it shall be sold and the proceeds deposited in the public fund of India. Sec. 160(1)
 After the sale if a claimant satisfies the SM or the court, then the proceeds may be paid to
him. Sec. 160(2)
 No claim shall be accepted more than 6 years after receipt of property by SM and proceeds
may be utilised for welfare of seaman as directed by Central government. Sec. 160(2)

DISTRESSED SEAMAN

 On receiving an application from a distressed seaman for relief, the CO will arrange to return
him to the engagement port by land, air or sea route and provide him with necessary clothing,
bedding, medical and maintenance expenses till he arrives at that port. Sec. 161(1) and 162
 The CO may find him an employment in a similar capacity to which he was holding on his
last ship, provided he is medically fit. If he refuses to accept the employment then he will not
be entitled to any relief.
 All repatriation expenses incurred by the CO shall be ultimately borne by the owner or agent
of the ship, who will not be able to recover it from the seaman. Sec. 161(3)
 All excepted expenses incurred by the CO shall be paid by the owner but he can recover it
from the seaman alongwith any excepted expenses incurred by himself. Sec. 161(4)
 CO can send him on board an Indian ship provided there is suitable accommodation for him
according to his rank. Fine Rs.1000 per seaman refused boarding without reasonable cause.
Sec. 163
 Master of a ship carrying a distressed seaman on direction of the CO can claim expenses
incurred for his subsistence and passage as per Rules. Sec. 164
PROVISIONS FOR SEAMAN

 All ships shall have on board sufficient provisions and water of good quality, fit for use of the
crew and on the scale specified in the agreement. Fine Rs.200 for using provisions of bad
quality. Sec. 168(1 and 3)
 If the inspector finds that the above items are not as per requirements then he may detain the
ship till the defects are remedied to his satisfaction. Fine Rs.200. Sec. 168(2)
 Inspector shall enter the result of his inspection in the OLB and, if he is not the SM, send a
report to the SM. Sec. 168(4)
 If inspection was made in pursuance of a request by crew members, and the inspector finds
that complaint was false, frivolous or vexatious, then each complaining crew member shall
forfeit maximum 1 week’s wages. Sec. 168(5)
 Fine Rs.200 for not giving facility for inspection. Sec. 168(6)
 Master shall keep on board proper weights and measures, and shall allow them to be used, in
presence of witness if necessary, when serving out provisions and articles. Fine Rs.100 for
not doing so. Sec. 171
 Inspector may, at any time, board any ship on which seamen have been engaged at that port.
He may, at any time, board an Indian ship, and shall also do so if the Master or 3 or more of
the crew members so request. On boarding he shall inspect the following items : Sec. 176
 Provisions and water.
 Weights and measures. Fine Rs.100 for not having these.
 Accommodation
 Storage space for food and water.
 Galley
 Equipment for handling food and water and for preparing and serving meals.

 “Inspector” includes a SM, surveyor, seaman’s welfare officer, port health officer, CO or
any other officer authorised by the Central government. Sec. 176
 If, during the voyage, the prescribed allowance of provisions for the seamen is reduced, or
the provisions were of bad quality or unfit for use, then compensation shall be paid to the
seamen as prescribed. In addition, fine Rs.500. Sec. 169
 Master shall inspect the above items while the ship is at sea, at least every 10 days, and
record it in a special book. Sec. 177
 Every FG ship of prescribed tonnage shall carry a certificated cook. Sec. 170
 Owner of every ship of GT > 500 tons shall supply to each seaman bedding, towels, mess
utensils and other articles for his personal use, according to the prescribed scale. Fine Rs.200
for non-compliance. Sec. 172(1)

HEALTH

 The owner of ship of GT > 500 tons shall supply to each seaman beddings, towels, mess
utensils, etc. as prescribed. Fine Rs.200 for not doing so. Sec. 172(1)
 Accommodation on all ships shall be in accordance with the Crew Accommodation Rules
1960, as amended. Sec. 175
 All FG ships, and HT ships of GT ≥ 200 tons, shall always have on board sufficient
medicines, stores, appliances and first-aid equipment for diseases and accidents likely to
occur on voyage, as prescribed in the Medicines, Medical stores and Appliances Rules 1994.
Fine Rs.200 for not doing so. Sec. 172(2)
 Above medical requirements shall be inspected by the port health officer. Fine Rs.200 for
obstructing him. Sec. 172(3)
 Every FG ship, other than special trade passenger ship or pilgrim ship, carrying more than
the prescribed number of persons, including the crew, shall carry a qualified doctor. Fine
Rs.200 per voyage for not doing so. Sec. 173

 Every ship carrying Special Trade (ST) passengers, or pilgrims, and crew ≤ 1000 shall carry
a qualified doctor.
 Every ship carrying ST passengers and crew > 1000 shall carry a qualified doctor and
prescribed number of medical attendants.
 Every ship carrying pilgrims and crew > 1000 shall carry 2 qualified doctors and prescribed
number of medical attendants.

 All expenses for medical advice, attendance, treatment and medicines relating to any hurt,
injury or illness, suffered by the Master or a seaman, shall be defrayed by the owner without
deducting it from his wages, in following cases : Sec. 174
 If his suffering is not due to his own wilful act, default or misbehaviour, and he is left
behind at a port other than his engagement port, all expenses as stated above and also
expenses for his maintenance and repatriation to his engagement port, and for burial or
cremation, if any.
 If he is temporarily removed from the ship for treatment at a port other than the
engagement port, and subsequently returns to the ship, all expenses as stated above and
maintenance expenses ashore.
 All expenses as stated above while on board ship.

 In all other cases, any expense incurred by the owner for illness of the Master or seaman,
shall, if the CO or SM is satisfied, be deducted from his wages. Sec. 174(4)

DISCIPLINARY MATTERS

 Master or seaman of an Indian ship or of any ship in India shall not do following : Sec. 190
 Cause any loss or damage to the ship, or endanger the life of or cause injury to any
person on board.
 Refuse to do any act to prevent the above.

 Imprisonment for 2 years or fine Rs.1000 or both, for doing so.

 Seaman shall not do the following : Sec. 194
 Quit the ship without leave on arrival and before it is secured.
 Disobey any lawful command.
 Neglect his duty.
 Assault the Master, officer or seaman on the ship.
  Impede navigation of the ship or progress of the voyage.
 Damage the ship, stores or cargo.
 Commit criminal misappropriation or breach of trust.

 Penalty for the above faults may be one or more of the following :
 2 days to 1 month wages.
 Rs.500.
 1 to 3 months imprisonment.
 6 days pay for each day of continued disobedience.
 Reimbursement of expenses incurred for engaging a substitute.

 If he is convicted of smuggling, causing loss to the ship, then the amount of loss shall be
deducted from his wages. Sec. 195(1)
 If he is convicted of smuggling drugs then the D.G. Shipping may cancel or suspend his
CDC. Sec. 195(2)
 If a seaman commits any of the above acts then Master shall take following actions : Sec. 196
 Make an entry in the OLB duly signed by himself, mate and one crew member.
 Give a copy of the entry to the seaman and read it out to him.
 Record the above actions, alongwith reply, if any, given by him, in the OLB and sign it as
stated above.

 If any fine is imposed on the seaman for misconduct, as per the agreement, it shall be dealt
with as follows : Sec. 202
 If he is discharged in India, and the SM is satisfied about his offence, then the fine shall
be deducted from his wages and given to the SM.
 If he is discharged outside India, then the fine shall be recorded in the OLB, duly signed
by the CO if he is satisfied, and given to the SM at the discharge port.
 Master shall be fined 6 times the amount of fines retained by him.
 All fines collected by the SM shall be used for the welfare of seamen.

 If a seaman engaged outside India is imprisoned for a period ≤ 1 month, no substitute shall
be engaged in his place. Imprisonment for 3 months or fine Rs.1000 or both, for engaging a
substitute. Sec. 206(a)
 Central government may convey the above convicted seaman on board the ship. If the Master
refuses to accept him then he will deposit with the SM the wages due to the seaman and the
cost of his repatriation to the engagement port. Fine Rs.500 for not depositing the money.
Sec. 206(b)
 If he is imprisoned for a period ≤ 3 months then, at the request of the Master, the Magistrate
may convey him on board the ship. Sec. 207
 On being relieved for any reason, the Master shall deliver all documents in his possession to
his successor who in turn shall enter the same in the OLB. Fine Rs.500 for not delivering the
documents. Sec. 208
 If a seaman is transferred to another ship under the agreement, Master shall send all his
documents to the Master of the latter ship. Fine Rs.500 for not doing so. Sec. 209xv
STOWAWAY

 If a person secretes himself on a ship without permission, he may be imprisoned for 1 month
or fined Rs.200 or both. Sec. 205(1)
 Seaman carried on board due to compulsion of law or as a stowaway, shall be subject to same
laws regarding discipline, fines and punishments as applicable to seaman engaged. Sec.
205(2)
 Master of an Indian ship arriving at any port, or Master of any ship arriving in India, shall
report any stowaway on board to the officer appointed for this purpose. Sec. 205(3)

DESERTION

 Seaman shall not do the following : Sec. 191(1)

 Desert his ship.
 Neglect or refuse to join his ship.
 Be absent without leave from his ship or from duty.

 The above shall not apply if he has made prior complaint to the Master or the officer
appointed by the Central government that the ship is unseaworthy. Sec. 191(2)
 If he has committed the above offence his CDC shall be withheld by D.G. Shipping. Sec.
192.
 He may be arrested and conveyed to the ship. All expenses in this regard shall be deducted
from his wages. Sec. 193
 If he deserts his ship, his property and wages due shall be forfeited by legal procedure. Sec.
199 and 201. In addition he may be imprisoned for 3 months and pay the expenses incurred
for engaging a substitute.
 If he neglects or refuses to join the ship, or is absent without leave, he will be fined 2 days
pay and in addition will give 6 days pay for every day of absence or pay the expenses
incurred for engaging a substitute. He may also be imprisoned for 2 months.
 If a seaman engaged on an Indian ship outside India, deserts his ship in India, Master shall
report to the SM within 48 hours of discovering the same. Imprisonment for 1 month or fine
Rs.100 or both, for not reporting. Sec. 197
 If he deserts outside India, Master shall make an entry in the OLB, have it certified by the
CO, and send a copy to the SM of engagement port. Sec. 198
 Any wages forfeited shall be used to reimburse the expenses incurred by the owner and the
balance given to the Central government. Sec. 200
 If a person entices a seaman to desert, he may be fined Rs.100. Sec. 203
 Fine Rs.100 for harbouring a deserter. This does not apply to his wife. Sec. 204

OFFICIAL LOG BOOK

 It is required on every ship except HT ship of GT < 200 tons. Sec. 212
 Every entry shall be made as soon as possible after an event. Date of event and date of entry
shall be mentioned. If an event occurred before arrival of the ship at the final discharge port,
 entry shall be made within 24 hours of arrival. Fine Rs.300 for making entry after 24 hours.
Sec. 213(1)
 All entries shall be signed by the Master and mate or some crew member. In cases dealing
with wages and fines, entry shall also be signed by a crew member Sec. 213(2)
 Following events shall be entered with all details : Sec. 214
 Conviction by a legal tribunal and punishment given.
 Desertion or act of indiscipline for which fine is to be imposed.
 Offence for which punishment is imposed on board.
 Illness, hurt or injury to a seaman, and medical treatment given.
 Death, birth and marriage on board. Master shall send details of death and birth to D.G.
Shipping. Fine Rs.200 for not doing so.
 Names of seaman discharged.
 Wages and property of deceased seaman or of seaman left behind, with deductions if any.
 Collision. Sec. 349
 Change of Master and handing over of documents. Failure to do so, fine Rs.500. Sec. 208
 Distress message received, actions taken and reasons for not proceeding for her
assistance. Sec. 355(5)
 Distress message transmitted. Sec. 355(6)
 Reason for not rendering assistance to a person found at sea to be in danger of being lost.
Sec. 355A
 Inspection of provisions and crew accommodation. Sec. 177
 Deviation from prescribed routeing system.
 Safety and other drills.

 Fine Rs.50 or as prescribed, for not maintaining the OLB as prescribed.

 Within 48 hours of arrival at destination port, or after discharge of crew, whichever is earlier,
Master shall deliver the OLB to the SM. Fine Rs.200 for not doing so. Sec. 216
 If a ship ceases to be an Indian ship, Master shall deliver the OLB to the SM of port of
registry, within 1 month if the ship is in India, and within 6 months if the ship is abroad. Fine
Rs.100 for not doing so. Sec. 217(1)
 If the ship is lost or abandoned, Mater shall deliver the OLB to the SM of port of registry as
soon as possible. Fine Rs.100 for not doing so. Sec. 217(2)
 If any person destroys an entry or makes false entry in OLB he may be imprisoned for 1 year.

MISCELLANEOUS

 If a seaman desires to complain to a Magistrate or an officer appointed by the Central

government against the Master or any crew member, the Master shall send him ashore as
soon as possible, under proper protection, to enable him to do so. Fine Rs.100 for not
allowing him to do so. Sec. 184
 A lodging house-keeper shall not solicit a seaman to become his lodger. He shall not take out
the seaman’s property from the ship without his and Master’s permission. Fine Rs.50 for
doing so. Sec. 188
 Unauthorised person shall not board a ship on its arrival at an Indian port at the end of the
voyage before the seamen are discharged and leave the ship. Such person can be arrested by
the Master and action taken under this Act. Fine Rs.200. Sec. 189

SAFETY

PART IX

UNSEAWORTHY SHIPS

 Neither a person shall send nor a Master shall take a ship out to sea in such an
unseaworthy state that the life of any person is likely to be endangered, unless he can
prove that doing so under the circumstances was reasonable and justifiable. Penalty for
doing so, 6 months imprisonment and/or Rs.1000 fine. Sec. 334(1 and 2)
 “Unseaworthy” means that the under-mentioned items of a ship are such as to make it
unfit for the proposed voyage : Sec. 334(5)
 Material of which the ship is made.
 Her construction.
 Qualifications of the Master.
 Number, description, and qualifications of the crew and officers.
 Weight, description and stowage of the cargo and ballast.
 Condition of the hull, equipment, boilers and machinery.

 In every contract of service between owner, Master and seaman / apprentice, there shall
be an express or implied obligation that the owner, Master or agent responsible for
loading or preparing the ship for sea, shall use all reasonable means to ensure the
seaworthiness of ship for the voyage and to keep her in seaworthy state during the
voyage. Sec. 335

UNSAFE SHIPS – Sec. 336 to 342

 “Unsafe” means that due to the under mentioned reasons the ship is unfit to proceed to sea on
the intended service without serious danger to life:
 Defective condition of hull, equipment or machinery.
 Overloading or improper loading.

 If an Indian ship at any port or a foreign ship at an Indian port is unsafe then it may be
provisionally detained for survey.
 A written statement of the grounds of detention shall be given to the Master and also to the
CO of the Flag State of a foreign ship.
 The owner or Master may require that an assessor, selected by him from a list of assessors, or
a professional, may accompany the surveyor for the above purpose. For foreign ship CO of
the Flag State may select the assessor.
 If the surveyor and assessor differ in their report then surveyor’s report shall be accepted.
 On the basis of the report the ship may be released or finally detained till the deficiencies are
rectified as considered necessary.
 The Master shall be given a copy of the report and he or the owner may appeal to the court of
survey against the detention order.
 A final report shall be sent to the Central government.
 An Indian ship detained shall not be released even if her registry is subsequently closed.
 The owner of a detained ship shall pay the costs of and incidental to detention and survey,
including cost of court proceeding and remuneration of surveyor and lawyer.
 If it appears that the detention of the ship was unreasonable then the Central government
shall be liable to pay all the above costs incurred by the owner and also pay compensation for
loss or damage sustained by him due to the detention.
 If a ship is detained as a consequence of a complaint and the Central government becomes
liable for unreasonable detention, then the complainant shall reimburse all the above stated
costs and compensation. For this purpose the complainant may be asked to deposit a suitable
security with the Central government. This security shall not be required if the complaint is
from at least 3 ship’s crew members.
 The above provisions shall not apply to the following vessels :
 Troop ship, pleasure yacht or fishing vessel.
 Cargo ship of GT < 300 tons.
 Ship not fitted with mechanical means of propulsion.
 Foreign ship which has come to an Indian port due to stress of weather or due to
circumstances which could not be prevented or forestalled.

SECURITY OF SHIPS AND PORT FACILITIES

PART IXB

APPLICATION – Sec. 344J

 This part applies to following ships engaged on international voyages :

 Passenger ships.
 Cargo ships of GT ≥ 500 tons.
 MODUs
 Port facilities serving the above ships.
  Port facilities primarily serving ships engaged on coastal voyages, but which occasionally
serve ships engaged on international voyages, as decided by Central government.

 It shall not apply to following ships :

 War ships.
 Government ships used only for non-commercial service.

SECURITY MEASURES

 Every Indian ship of GT ≥ 100 tons and every Indian cargo ship of GT ≥ 300 tons shall be
provided with an IMO identification number by Central government, and the same shall be
written on all certificates issued to the ship. Sec. 344L
 Central government shall set security levels and provide necessary information to Indian
ships. Similar measures shall be adopted for Indian port facilities and for all ships entering
such ports. This may be carried out by Recognised Organisations (RO). Sec. 344M
 Central government shall carryout security assessment of port facility. Sec. 344N
 Every owner, ship and port facility shall comply with the relevant regulations of SOLAS
Convention 1974, ISPS Code and the Rules made under this part. Sec. 344-O and 344P
 Central government or RO shall issue International Ship Security Certificate to Indian ships.
Sec. 344Q
 Every Indian ship shall be provided with Ship Security Alert System. Sec. 344R
 Every ship shall be subject to prescribed control measures. Sec. 344S

COLLISIONS AND ACCIDENTS

PART X

 In case of collision, the cost of damage to the ship, cargo and property, including the cost
of salvage and liability for loss of life or injury, shall be apportioned between the ships in
proportion to the degree of fault of each ship. If the degree of fault cannot be established then
the cost shall be equally apportioned. Sec. 345 and 346
 Master of the ship involved in a collision shall take following steps, without endangering
his own ship, crew or passengers : Sec. 348
 Render assistance to the other ship, Master, crew or passengers, as may be practicable
and necessary.
 Stand-by the other ship till he ascertains that assistance is no longer required.
 Give the following information to the other ship :
 Name of the ship.
 Port of registry.
 Ports of departure and arrival.
 Imprisonment for 3 months or fine Rs.3000 or both, for non-compliance.
 Enter all details in the OLB. Fine Rs.200 for not doing so. Sec. 349

 If a ship suffers an accident causing death, serious injury or material damage affecting her
seaworthiness or efficiency either in hull or machinery, Master shall report full details to the
 nearest Principal Officer within 24 hours of the event or as soon as possible. Fine Rs. 500 for
not doing so. Sec. 350
 If the owner of a ship apprehends that his ship is lost, then he shall send full details to the
Central government as soon as possible. Fine Rs.500 for not doing so. Sec. 351

LIMITATION OF LIABILITY

PART XA

APPLICATION

 This part applies to the following persons : Sec. 352A(1) and 352F(1)
 Ship owner
 Charterer, manager and operator of vessel.
 Master and crew members even if it is due to their actual fault or privity. Sec. 352F(2)
 Salvor
 Servants of above persons.
 Insurer of liability.
Provided that the total limits of liability of all the above persons for a single incident shall
not exceed limit stated in Limitation of Liability for Maritime Claims Convention 1976
(LLMC).

 This part shall not apply to the following : Sec. 352E

 Any of the above persons who do not habitually live in India or do not have their
principal place of business in India.
 Ship belongs to a State who is not a party to the LLMC.
 Ship navigating on coasts of India.
 Ship of GT < 300 tons.
 Air-cushion vessels.
 Floating platforms for exploiting natural resources of sea-bed.
 If claims arise due to actual fault or privity of owner, charterer, manager or operator.
Sec.352F(2)

 Above persons may limit their liability in respect of the following claims arising due to ship
or salvage operation, in accordance with LLMC or Rules made under this Act: Sec. 352A(1)
and 352B
 Loss of life, injury to any person, including passengers, or loss of or damage to property
on board.
 Damage to harbour works, basins, waterways and navigation aids.
 Delay in the carriage of cargo and passengers and their luggage.
 Loss from infringement of rights.
 Measures taken to avert or minimise loss, which cause further loss.

 Limitation shall not apply to the following claims :Sec. 352A(3)

  Salvage claims or contribution to general average.
 Claims by servants as stated above, provided that their contract of service does not lay
down any limits, or lays down higher limit than that prescribed in this Act.
 Oil pollution damage under CLC Convention 1992.
 Nuclear damage, including damage caused by nuclear ship

LIMITATION FUND – Sec. 352C

 Person who has incurred liability may approach the High Court for constituting a Limitation
Fund for the total amount prescribed in the LLMC or Rules made under this Act, and deposit
the full amount or give a bank guarantee as decided by the High Court, who shall distribute
the amount rateably amongst the several claimants.
 Once the Fund is constituted, no claimant shall have any right against any other asset of the
owner.
 Furthermore the High court shall order release of the vessel or property of the owner, which
was detained for exercising such claim. Sec. 352D
 If the owner has already paid any amount to any of the claimants then he shall have the same
right on the Fund as those claimants.

NAVIGATION

PART XI

Fine Rs.500 for using wrong expressions for giving helm orders. Sec. 353

ENCOUNTERING DANGER

 Master shall send report, by all possible means of communication, to the prescribed
authorities, if he encounters the following : Sec. 354
 Dangerous ice
 Dangerous derelict
 Tropical storm i.e. hurricane, typhoon, cyclone, etc.
 Direct danger to navigation.
 Sub-zero air temperature, associated with gale force winds, causing severe ice accretion
on the super-structure.
 Strong gale for which there was no storm warning.

 Fine Rs.500 for not reporting.

 The authority receiving the above information shall communicate the same to all ships and
authorities as soon as possible. No fees shall be levied for this. Sec. 354A

DISTRESS CALL – Sec. 355

 On receiving a distress call at sea from any source, Master is bound to proceed with all speed
to render assistance and inform the distressed persons that he is doing so, unless ---

“he is unable to do so or considers it unreasonable or unnecessary to do so”.

 Master of ship, which has been requisitioned by the distressed ship, shall continue to proceed
to render assistance. Imprisonment for 6 months or fine Rs.1000 or both, for not complying.
 Master is relieved of the above obligation under the following circumstances :
 If he is informed that one or more ships other than his own have been requisitioned and
they are complying with the requisition.
 If he is informed by the distressed persons or by the Master of another ship which has
reached the distressed persons, that assistance is no longer required.

 If Master does not proceed to render assistance to a distress ship then he shall record his
reasons in the OLB. Fine Rs.1000 for not recording.
 Master shall render assistance to a person found at sea to be in danger of being lost. If he
does not do so then he shall record his reasons in OLB. Imprisonment for 6 months or fine
Rs.1000 or both, for not complying. Sec. 355A

INVESTIGATIONS AND INQUIRIES

PART XII

DEFINITION OF SHIPPING CASUALTY – Sec. 358(1)

 For purposes of an investigation and inquiry, a shipping casualty shall be deemed to have
occurred in the following cases :
 Any ship is lost, abandoned, stranded or materially damaged on the coasts of India.
 Any ship causes loss or material damage to any other ship on the coasts of India.
 Any loss of life occurs due to any casualty happening to or on board any ship on the
coasts of India.
 Any of the above casualties occur to or on board an Indian ship at any place.
 Any evidence of an Indian ship being lost at sea is available in India.

MASTER’S ACTION

 On his or his ship’s arrival in India, Master shall report the incident to the officer appointed
by Central government. Fine Rs.500 or simple imprisonment for 3 months for not reporting.
Sec. 358(2)
 If the ship is materially damaged making it unseaworthy, or if loss of life or serious injury
occurs, then the owner or Master shall report the same, within 24 hours, to the nearest
Principal Officer. Fine Rs.500 for not reporting. Sec. 350

INVESTIGATING OFFICER
Following officers have been appointed by the Central government for receiving reports of and
conducting preliminary inquiry into shipping casualties :
 Principal Officer / Surveyor of MMD --- All casualties.
 Deputy Conservator of major port --- Any casualty within the docks or if the ship belongs
to the port or where the pilot is on board.
 Port Officer of minor port --- Any casualty involving sailing vessels and fishing vessels,
or involving ships within the port’s jurisdiction.
 Collector of Customs --- Any casualty involving sailing vessels and fishing vessels.
 Officer specially appointed --- Explosion or fire casualties. Sec. 388 and 389

INVESTIGATING OFFICER’S ACTION

 The officer shall take following actions : Sec. 359

 Inform the Central government that a casualty has occurred.
 Conduct a Preliminary Inquiry (PI).
 Record the statements of Master and other crew members, with their signatures, but
without the presence of any other person.
 Call for documents from the ship as appropriate.
 Send report to Central government with one or more of the following recommendations:
 No further action.
 Warning to defaulters (No other penalty can be imposed).
 Stricture to owners.
 Issue MS Notice.
 Order Formal Investigation (FI) or Court of Inquiry (CI).

 PI report is totally confidential and not given even to any court.

 Copies of the statements are given to the affected persons only if the matter goes to a
court.

CIRCUMSTANCES FOR ORDERING FI OR CI

 The officer may at his own discretion or if so directed by the Central government, apply
to the First class or Metropolitan Magistrate for conducting a FI in the following
circumstances : Sec. 360 and 361.
 Heavy material loss requiring more detailed investigation.
 Defaulters deserve to be punished, more severely than a warning, which can only be done
by a court.
 There are lessons to be learnt for the marine community, which can only be achieved by
making the report public. The court report can be published but not the PI report.
 Loss of life, which makes it essential that an open court investigation is conducted.
 Sufficient data could not be collected during PI.
 Public outcry calls for full-scale investigation.
 During the FI if a case of incompetence, misconduct, wrongful act or default arises
against the Master, mate or engineer, the court shall give a statement of the case to the
affected officer and then proceed with the CI. Sec. 362
 If the Central government believes that there are grounds for charging the officer as
stated above, without conducting a FI, then it may submit a statement of case to the court for
conducting a CI and also give a copy of the statement to the officer concerned. This will
apply only if the officer holds --- Sec. 363
 An Indian COC, or
 A foreign COC but he was employed on an Indian ship when the incident occurred.

PROCEDURE FOR FI AND CI

 A short statement of the case, alongwith with a detailed questionnaire, which has to be
answered by the Magistrate at the end of the FI or CI, is submitted to the court.
 If the Central government has decided to directly proceed with the CI, then, in addition to
the above documents, a charge-sheet framed against the defaulter is also submitted.
 The proceedings are conducted in an open court and any interested person can observe it
or even become a party to it by appointing an advocate on his behalf.
 The court conducting FI or CI is empowered to compel the attendance of a witness, by
arresting him if necessary, and production of documents, like in any other criminal case.
Reasonable expenses will be paid to him by the Central government. Sec. 365
 For FI the court shall appoint 2 to 4 assessors, chosen from a list prepared by the Central
government. One of them shall be conversant with maritime affairs and the others with
maritime or mercantile affairs. If the FI involves cancellation or suspension of certificate of
an officer, then two of them shall also have experience in merchant service. They shall attend
the court and deliver their opinion in writing but they shall not have any other power under
the Act. Sec. 366
 Witnesses are called to record their statements. They can be examined and cross-
examined by any advocate present and also by the Magistrate and the assessors.
 Statements given by the witnesses during the PI may or may not be accepted.
 All documents collected during the PI and subsequently, are submitted.
 All parties, including the MMD, may submit their final arguments.
 On completion of FI or CI, the court shall send the report, alongwith the cancelled or
suspended COC if any, to the Central government who will publish the report in the official
gazette. If it affects an officer holding a foreign COC and working on a foreign ship, then the
Central government may send the report to that State. Sec. 369 and 370(3)

CANCELLATION OR SUSPENSION OF COC

 The court conducting FI or CI may take any of the following actions :

 Censure an officer if cancellation or suspension of his COC is not justified. Sec. 371
 Cancel his Indian COC or suspend it for specified period, under following
circumstances : Sec. 370(1 and 2)
 Loss, stranding, abandonment or damage to the ship, or loss of life caused by his
wrongful act or default.
  Gross act of drunkenness, tyranny or misconduct.
 Failed to render assistance or give information to the other ship in case of collision.

 The court may remove a Master, and appoint a new Master with the consent of the owner,
if it is satisfied that it is necessary to do so, on the basis of a complaint made by the owner,
agent, consignee, any certified officer or ≥ 1/3rd of the crew of the ship. Sec. 372
 The Central government may cancel or suspend for a specified period a COC granted by
it to an officer, under the following circumstances : Sec. 377
 A foreign court or legislative authority reports that the officer is incompetent or guilty of
any of the acts stated above.
 He is convicted of any offence under this Act.
 He is convicted of a non-bailable offence under any other Indian law.
 He is convicted abroad of an offence which would be a non-bailable offence in India.
 Master is superseded by an Indian or foreign court.
 If the officer does not serve a major port, government corporation, company or training
institution, or in any Indian ship, for a period of ≤ 4 years after obtaining the COC, or for
≤ 7 years after obtaining two or more COCs. (Sec. 87B) This shall be subject to the
following conditions :
 If he has not been able to obtain employment in a capacity for which he is holding the
COC, then he may be exempted from his above liability by D.G. Shipping. Sec.
87C(1)
 He may make an application to D.G. Shipping to grant such exemption. If he does not
receive any reply within 45 days, the exemption shall be deemed to have been
granted. Sec. 87C(5)

 The Central government may, if it thinks that the justice of the case so requires, take any
of the following actions : Sec. 377(2)
 Revoke any order of censure, or cancellation or suspension of COC.
 Shorten or lengthen the period of suspension.
 Grant without examination a new COC of the same or lower grade.

 The affected officer shall deliver the cancelled or suspended COC to the court on
demand, or to D.G. Shipping. Fine Rs.500 for not doing so. Sec. 378
 Suspension of a COC shall not be endorsed on the COC. Sec. 380
 Certificate other than COC granted to Master, mate or engineer, may also be cancelled by
the Central government at any time, without any FI or CI, if it is of the opinion that the
holder is unfit to act in the grade for which the certificate was issued. Sec. 381
 The affected officer has the usual right of appeal to a higher court.

WRECK AND SALVAGE

PART XIII

 Wreck means any goods which are sunk or floating in sea or any goods or vessel abandoned
without hope or intention of recovery. Sec. 3(58)
 Salvage includes all expenses incurred by the salvor in performance of salvage services. Sec.
3(40)
 Any person finding a wreck shall deliver it to Receiver of wreck (District collector). Fine
Rs.1000 and forfeiture of all claims to salvage. Sec. 395
 The owner of the wreck may establish his claim within 1 year of the wreck coming in the
possession of the Receiver. If it has been sold by the Receiver then the owner may claim the
sale proceeds within 1 year of it being sold otherwise the amount will become the property of
Central government. Sec. 399
 If any person, other than the Receiver, renders service for under-mentioned purposes, he shall
be paid a reasonable sum, having regard to all circumstances of the case, by the owner of the
ship, cargo, equipment or wreck :Sec. 402(1)
 Saving life from any ship within territorial waters of India.
 Saving life from an Indian ship any where.
 Assisting a wrecked ship, or saving its cargo or equipment, when it is stranded or in
distress on the Indian coast.

 Claims for preservation of life shall be paid on priority to other salvage claims. Sec. 402(2)
 If services, as stated above, are rendered by Government, Indian Navy or Coast Guard vessel,
then the commander or crew of the vessel shall also be entitled to salvage claim. Sec. 402(3)
 Any disputes regarding the amount of salvage or the persons entitled to it, shall be
determined by a First class or Metropolitan Magistrate if the amount claimed ≤ Rs.10000,
and by the High court if the amount claimed > Rs.10000. Sec. 402(4)

CONTROL OF INDIAN SHIPS

PART XIV

APPLICATION

This part applies to sea-going ships fitted with mechanical means of propulsion of GT ≥ 150
tons. Sec. 405

LICENSING

 Every ship owned or chartered by Indian citizen, company or co-operative society shall be
licensed by D.G. Shipping for a prescribed period. Sec. 406(1 and 3)
 Types of licenses may be General, Coastal or for specified period or voyage. Sec. 406(2)
 If a ship is taken out to sea without the appropriate license, then the Master or owner of an
Indian ship, or Master, local agent of owner or charterer of a foreign ship may be imprisoned
for 6 months or fined Rs.1000 or both. Sec. 436(122a)

CREW ACCOMMODATION RULES 1960, AS AMENDED 1993

Accommodation plans of new ships shall be submitted to MMD for approval.

LOCATION

 It shall be situated above the summer load line and located amidships or aft.
 In ships of GT ≥ 500 tons it shall not be located forward of the collision bulkhead. No
exemption is permitted.

CONSTRUCTION

 Height of the accommodation shall be 2.2 to 2.3 m., depending on the GT of the ship, with
minimum headroom of 190 cm.
 Bulkheads around or inside it shall be of steel or other suitable material. If they are exposed
to weather or are used to separate the accommodation from spaces containing bunkers, cargo,
stores, etc., and from galley, laundry, sanitary space, etc., then they shall be gas-tight and
watertight. Openings in such bulkheads shall be capable of being made weather-tight.
 Deck-heads shall be of steel or other suitable metal and sheathed with wood or other suitable
material.
 Decks inside it shall be covered with compositions which are impervious to water and oil.

PROTECTION AND FACILITIES FOR CREW

 Accommodation shall be accessible from open deck at all times.

 Hawse pipes shall not be situated inside it.
 Steam and exhaust pipes shall not pass through it, but if they do then they shall be suitably
constructed and lagged.
 Cold water pipes shall be properly lagged.
 Ventilator trunkings to cargo spaces, passing through it, shall be gas-tight.
 Radio batteries shall be located outside it.
 Ships trading in the Tropics or Persian gulf shall be provided with suitable awnings to cover
the following :
 Exposed deckheads.
 Exposed sides of the galley.
 Open deck space for recreation of crew.

 In ships trading outside the Tropics and Persian Gulf, accommodation shall be fitted with
suitable and safe heating system operated by steam, hot water or electricity, so as to provide a
temperature ≥ 19.4C when the ambient temperature is 1.2C. In the WC spaces the
temperature shall be at least 12.2C higher than the ambient temperature. The system shall
not be affected by the operation of ship’s machinery.
 Natural or electrical lighting, of intensity as prescribed for the different spaces, shall be
provided. Suitable reading lamp shall be provided at the head of the bed with an operating
switch near it. Alternative source of electrical power shall be provided.
 In ships of GT ≥ 3000 tons, built after 1974, suitable air-conditioning system shall be
provided. In other ships, mechanical or natural ventilation system shall be provided as
prescribed.
 Protection from mosquitoes shall be provided on ships trading to following ports :
 Ports in Madagascar.
 Ports between 20N and 20S on the coasts of following places :
 Africa excluding Port Sudan and Massawa.
 Asia including East Indian Archipelago and Philippine, but excluding Aden, Mumbai,
Chennai, Vishakhapatnam, Colombo, Trincomalee, Singapore, Penang and Port
Swettenham.
 New Guinea, New Britain, New Ireland, New Hebrides and Solomon islands.

 The above protection shall be provided by rust proof wire screens fitted to all openings
leading to open deck. Such a door of the hospital shall be self-closing.
 Scuppers serving sanitary spaces shall not serve any other space.
 Inside of accommodation shall be painted with good quality paint of white or light colour.

SLEEPING ROOM

 It shall be permanently marked to indicate the number of seamen for whom it is certified.
Every other space shall be permanently marked to indicate the rank of the person using it or
the purpose of the space as certified.
 Separate rooms shall be provided for officers, petty officers, apprentices, ratings of deck,
engine & catering departments and watch-keepers.
 Maximum number of persons in a room shall be as follows :
 Officer in charge of a department, watch-keeping officers and radio officers --- 1
 Other officers --- 2
 Apprentices --- 4
 Chief steward and chief cook on F.G. ship of GT ≥ 3000 tons --- 1
 Other petty officers --- 2
 Other ratings --- 3 in cargo ship; 6 in passenger ship

 Floor area of each room shall be as prescribed, depending on the GT of the ship and the
number of persons occupying it.
 Chief engineer, Chief officer and Second engineer shall have an additional sitting room.

FURNITURE ANF FITTINGS OF SLEEPING ROOM

 For ratings :
 Drawer for each person with locking arrangement.
 Locker or wardrobe with a shelf, a hanging rod and locking arrangement, for each person.
 Coat hook, outside the wardrobe, for each person.
 Seat for each person.
 Bed for each person.
 Table or a sliding leaf on top of a chest of drawers.
 Mirror and cabinet for toiletries.
 Book rack
  Runner on each side of the bed.
 Curtain for each bed unless there is only one person in the room.
 Curtain or screen for each side scuttle.

 For petty officer :

In addition to the requirements for room for ratings as stated above :
 1 extra drawer for each person.
 Rack for holding a drinking water bottle and a tumbler, unless drinking water is available
in the room.
 Wash basin with discharge overboard or to a tank.

 For officer :
 3 drawers for each person.
 Wardrobe for each person.
 2 coat hooks, outside the wardrobe, for each person.
 Writing desk with drawers.
 Chair with arm rests.
 Settee
 Mirror and cabinet for toiletries.
 Rack for holding a drinking water bottle and a tumbler, unless drinking water is available
in the room.
 Wash basin with discharge overboard or to a tank, and a splash plate above it to protect
the wall.
 Carpet of wool or other material.
 Curtain for each bed unless there is only one person in the room.
 Curtain or screen for each side scuttle.
 Book case for Chief officer, Chief engineer and Second engineer, and book rack for
rooms of other officers.

 For apprentices --- Same as for officers except for the book case.

MESS ROOM

 In ships of GT ≥ 1000 tons separate mess rooms shall be provided for the following :
 Officers and apprentices.
 Petty officers and ratings of the same department.

 Floor area of the room shall be 1 m2 per officer and 0.7 m2 per other crew members.

FURNITURE AND FITTINGS FOR MESS ROOM

 Table of suitable size for all persons.

 Chair for each person with arm rest. Settees with padded seat and back may be provided in
lieu of some chairs.
 Storage locker for utensils.
 Dresser, hot-press, sink and boiler

RECREATION AND UTILITY SPACE

 In ships of GT ≥ 3000 tons recreation room shall be provided for officers, which is not
combined with the mess room, having sufficient tables and chairs to accommodate 1/3 rd of
officers at a time.
 In all ships recreation space for ratings shall be part of the mess room.
 In all ships recreation space of adequate area shall be provided on open deck.
 Study room shall be provided for apprentices.
 In ships of GT ≥ 500 tons a book case shall be provided for use of the crew.
 In ships of GT ≥ 10000 tons following facilities shall be provided :
 Arrangement for showing films or television.
 Library room
 Hobby-cum-games room
 Swimming pool

 In ships of GT ≥ 3000 tons separate office space shall be provided for the Chief officer &
deck officers, and for Chief engineer & engineer officers.

WASHING PLACE

 Separate places shall be provided for the following :

 Officers and apprentices
 Petty officers
 Ratings
 Hospital

 4 or more senior officers, depending on GT of the ship, shall be provided with private places.
 Each place shall be equipped with a shower, grating or mat, screen for privacy, hand rail,
wash basin and mirror. In case of common wash place, one of each of these items shall be
provided for every 4 to 6 persons, depending on the GT of the ship.
 For engine personnel not having private bath rooms, changing room shall be provided outside
the engine room but close to it, fitted with individual clothes locker, shower and wash basin.
 Each place shall be supplied with 45.46 litres of running hot and cold fresh water per person,
with a valve for mixing the waters to control the temperature as required. Individual drainage
system shall be fitted.
WATER CLOSET

 Separate WC shall be provided for the following :

 Officers and apprentices
 Petty officers
 Ratings
  Hospital

 4 or more senior officers, depending on the GT of the ship, shall be provided with private
WCs combined with their wash places.
 A separate WC with wash basin shall be provided near the Bridge and engine room for use of
the duty personnel.
 Each WC shall be completely enclosed by bulkheads.
 WCs for ratings may be grouped into batteries. Each battery may consist of any number of
WC compartments, each of which shall be provided with a door and partition which may be
open at the top and bottom. An arrangement shall be made for automatic flushing of the pan
every 5 min. and supply of a continuous trickle of water.
 Each WC shall be provided with adequate flush of water, soil discharge pipe leading
overboard via a storm valve or to a sewage system, toilet paper holder, hand rail, adequate
exhaust ventilation and lighting.

GALLEY

It shall be provided with following items :

 Natural lighting as far as possible, supplemented by artificial lights.
 Exhaust fans
 Gutters leading overboard or to a tank.
 Hot and cold fresh water.
 Cooking appliances as follows, depending on the number of persons served by the galley :
 1 to 3 ovens of total capacity of 7087.7 cm3.
 Hot or boiling plate of 309.68 cm2 per person.

PROVISION ROOMS

 One or more dry rooms shall be provided, each having adequate shelves, cupboards and bins.
 They shall be situated, constructed and ventilated so as to avoid deterioration of the stores
due to heat, condensation or infestation.
 They shall not be used for storing bedding or textiles.
 Adequate refrigerating equipment and cold rooms shall be provided for storage of perishable
provisions.

HOSPITAL

 Permanent hospital is required on every ship, having 15 crew members, which is intended to
remain at sea for more than 3 days. Other ships may have temporary hospital. It shall not be
used for any other purpose.
 Entrance shall be of sufficient size to carry a stretcher inside.
 In addition to the mechanical ventilation or air-conditioning system of the accommodation, it
shall have adequate natural supply and exhaust ventilation system.
 In addition to the lighting as provided in accommodation, it shall have portable electric lamp.
 Permanent hospital shall have a ward on each side, each of which shall be fitted as follows :
  1 bed for every 50 crew members, accessible from both the sides and the foot.
 1 locker, water bottle and tumbler for each bed.
 Adequate number of seats.
 Clothes locker
 Bed-pan in a covered box.
 Electric bell-pushes within reach of the beds, communicating with the person in-charge of
the patients.
 Washing place with bath, wash basin and WC, with the same facilities as other washing
places, shall be provided.

 A medical cabinet shall be provided near the hospital, with following items :
 Outer door with lock.
 An inner cupboard with lock having a different key, for storage of poisonous drugs.
 Shelves which shall facilitate identification of medicines stored on it.
 Dispensing counter.
 2 drawers for keeping stores.
 Fitting for hanging hot water bottles.
 Measuring devices in a rack.
 Instruction book
 Electric light and a torch for emergency use.
 Medicines and stores in accordance with the Medicines, Medical stores and Appliances
Rules 1994.

MISCELLANEOUS

 Central government can grant exemptions from all the requirements stated above, subject to
certain conditions.
 Detailed specifications are given in the rules for various items.
 Cargo shall not be stowed in any part of the accommodation.
 It shall be kept in a clean and habitable condition.
 It shall be inspected by the Master or an appointed officer, along with a crew member, every
10 days. Details of inspection shall be entered in the OLB.
 It shall not be used for or by the passengers.
 Fine of Rs.1000 shall be imposed for any breach of these rules. Fine of Rs.50 per day shall be
imposed for each day of continuing breach.
 Notes on

RECRUITMENT AND PLACEMENT OF SEAFARERS RULES, 2005

Capt. A.K. Prasad

ENTRY INTO FORCE ---August 2006

ILO CONVENTION 179

This convention prescribes that all States should make laws for regulating the recruitment and
placement agencies to ensure that the system of employment of seafarers is free from
bias/prejudices and there is no exploitation of seafarers by these agencies.

AMENDMENT OF M.S. ACT

 Section 95 -- Amended to include following new functions of Seamen’s Employment Office:

 Issue and renew license to/of recruitment and placement service.
 Ensure that seafarers do not bear any fees for recruitment and placement.
 Investigate complaints concerning activities of the services.
 Maintain register of categories of seamen.

 Section 95A --- New section, which prohibits any discrimination when employing seafarers.

APPLICATION FOR LICENSE

 A Service registered in India may apply for license to the Director, Seaman’s Employment
Office, in the prescribed form, alongwith the following documents :
 A declaration in the prescribed form stating that they will carryout their business in
accordance with these rules.
 Fee Rs.20000.
 Copy of the employment contract between the Service and the seafarer.
 Statement of qualifications and experience of management personnel, in prescribed form.
 Copy of the agreement between the Service and the ship owner or employer of seafarer.
 Copy of the certificate of incorporation of the Service with the Registrar of Companies.
 Balance sheet for the last 5 years, certified by a chartered accountant.
 Bank guarantee in favour of the Seaman’s Employment Office for the prescribed amount,
depending on the number of jobs given by the Service, in accordance with the prescribed
table. (Minimum Rs.5 lakhs and maximum Rs.60 lakhs for > 500 jobs). The amount shall
be changed whenever the number of jobs change.
It may be used to maintain and repatriate a stranded seafarer, and for
transportation of his mortal remains.

INSPECTION OF SERVICE

 On receipt of the application, D.G. Shipping shall authorize a person or an organization to

inspect the Service to ensure the following :
 No fees or charges for employment are borne by seafarers, except for the cost of medical
examination, and for acquiring requisite qualifying certificates, passport, visa or CDC.
 Personal data of seafarer is collected and stored. It may be communicated to third parties
provided the right to privacy of the seafarer and confidentiality of the data is maintained.
  The staff of the Service is adequately trained, they possess relevant knowledge of the
maritime industry, and their responsibilities and authority are defined.
 Adequate resources and infrastructure are available to carry out the business.
 No methods are used to deter the seafarers from gaining employment.
 The contract between the Service and seafarer contains provisions for his repatriation if
he is stranded at any place, and for the transportation of his mortal remains.
 Before signing the contract and placement, a copy of the contract is supplied to the
seafarer and the terms relating to his rights and duties are explained to him.
 Provisions of Section 95A of M.S. Act regarding discrimination are not violated.
 Seafarer recruited is qualified for the job and holds requisite documents.
 Proper grievance redressal mechanism is adopted. Any unresolved grievance against the
Service or ship owner is brought to the notice of the D.G. Shipping or Flag State of the
ship. Seafarer may also complain directly to them.
 In case of death or disability of the seafarer, the next-of-kin and the Seamen’s
Employment Office are informed within 48 hours, in the prescribed form.
 Details of the employer and ship owner are maintained.
 Application from a seafarer for placement is acknowledged, giving him the license
number of the Service and its validity.

 Report of inspection shall be submitted to the Director, Seamen’s Employment Office or

directly to the D.G. Shipping.
 Same inspection shall be carried out annually and for renewal of license. Fees for both are
Rs.10000.

LICENSE

 On the basis of the above inspection report, D.G. Shipping shall issue a license to the
Service, in the prescribed form.
 It shall be valid for ≤ 5 years subject to annual inspection as stated above.
 It shall be displayed in the head office of the Service. Attested copies of the license issued by
the Director shall be displayed in the branch offices of the Service.
 It shall not be transferable.
 If there is a change in place of business of the Service, they shall intimate the same to the
Director and apply for a fresh license on payment of fee of Rs.5000.
 Service shall submit an application to the Director for renewal of the license ≥ 3 months
before expiry, in the prescribed form, alongwith the same documents as stated above.

 On the basis of inspection report or complaint of seafarer, D.G. Shipping may issue a show-
cause notice to the Service in the prescribed form, for withdrawal or suspension of the
license. On the basis of the reply a suitable order shall be issued and a detailed report shall be
sent to the Central Government.
 Notes on

MARITIME LABOUR CONVENTION

MLC 2006

Capt. A.K. Prasad

 Adopted 23-02-2006
In force from 20-08-2013

PREAMBLE

International Labour Organisation (ILO) was created in 1919 by the Treaty of Versailles.

ILO convened a general conference to create a single coherent convention for seafarers,
embodying the standards and fundamental principles of various existing labour conventions,
bearing in mind other International standards like SOLAS 1974, COLREG 1972, STCW 1978
and UNCLOS 1982, as amended.

ARTICLES

ARTICLE II – DEFINITIONS AND SCOPE OF APPLICATION

Seafarer means any person who is employed or engaged or works in any capacity on board ship,
as decided by Flag State after consulting the ship owners’ and seafarers’ organizations, and
communicated to ILO. (Para 1(f), 3 and 7)

Ship means a ship other than inland vessel. (Para 1(i))

Ship owner means owner of ship, or manager, agent or bareboat charterer, who has assumed the
responsibility for operation of the ship, and consequently has agreed to take over the duties and
responsibilities which are imposed by this convention on ship owner. (Para 1(j))

 Convention applies to following :

 All seafarers. (Para 2)
 All publicly or privately owned ships which are ordinarily engaged in commercial
activities, as determined by the State, after consulting the ship owners’ and seafarers’
organizations and communicated to ILO. (Para 4, 5 and 7)

 Convention does not apply to following vessels : (Para 4)

 Inland vessels. (Para 1(i))
 Fishing vessels.
 Traditional vessels e.g. dhows and junks.
 Warships.

 Certain ships of GT < 200 tons not engaged on International voyages, may be exempted by
Flag State from certain provisions of the Code, after consulting the ship owners’ and
seafarers’ organizations, and communicated to ILO, provided that such provisions are dealt
with in accordance with its National laws. (Para 6 and 7)

ARTICLE IV – SEAFARERS’ EMPLOYMENT AND SOCIAL RIGHTS

State shall implement following rights of seafarers by its laws or Collective Bargaining
Agreement (CBA) :
 Safe and secure work place.
 Fair terms of employment.
 Decent working and living conditions on ship.
 Health protection, medical care, welfare measures and social protection.

ARTICLE V – IMPLEMENTATION AND ENFORCEMENT RESPONSIBILITIES OF

STATES

 Adopt, implement and enforce laws to fulfill its commitments under the convention.
 Exercise control over its ships by establishing system of regular inspections, reporting,
monitoring and legal proceedings.
 Ensure that its ships carry Maritime Labour Certificate and Declaration of Maritime Labour
Compliance.
 May inspect foreign ships in its port.
 Exercise control over recruitment and placement services in its territory.
 Prohibit violations of requirements of the convention, and establish adequate sanctions or
corrective measures to discourage such violations.
 Ships of non-convention States shall not receive more favourable treatment.

ARTICLE VI – REGULATIONS AND PARTS A AND B OF THE CODE

Regulations and Part A of the Code are mandatory while Part B of the Code is guidelines and not
mandatory.

ARTICLE VII – CONSULTATION WITH SHIP OWNERS’ AND SEAFARERS’

ORGANIZATIONS

Any decision of State, for which consultation with ship owners’ and seafarers’ organizations is
required by the convention, may, if such organizations do not exist, be only decided by
consultation with the Special Tripartite Committee stated in Article XIII.

ARTICLE X – EFFECT OF ENTRY INTO FORCE

Convention revises following 37 existing ILO Maritime conventions :

 Minimum age, 1920, No. 7.
 Unemployment indemnity (shipwreck), 1920, No. 8.
 Placing of seamen, 1920, No. 9.
 Medical examination of young persons, 1921, No. 16.
 Articles of agreement, 1926, No. 22.
 Repatriation, 1926, No. 23.
 Officers’ competency certificates, 1936, No. 53.
 Holidays with pay, 1936, No. 54.
 Ship owners’ liability (sick and injured seamen), 1936, No. 55.
 Sickness insurance, 1936, No. 56.
 Hours of work and manning, 1936, No. 57.
 Minimum age (revised), 1936, No. 58.
 Food and catering (ships’ crew), 1946, No. 68.
 Certification of ships’ cooks, 1946, No. 69.
 Social security, 1946, No. 70.
 Paid vacations, 1946, No. 72.
 Medical examination, 1946, No. 73.
 Certification of able seamen, 1946, No. 74.
 Accommodation of crew, 1946, No. 75.
 Wages, hours of work and manning, 1946, No. 76.
 Paid vacations (revised), 1949, No. 91.
 Accommodation of crew (revised), 1949, No. 92.
 Wages, hours of work and manning (revised), 1949, No. 93
 Wages, hours of work and manning (revised), 1958, No. 109.
 Accommodation of crew (supplementary provisions), 1970, No. 133.
 Prevention of accidents, 1970, No. 134.
 Continuity of employment, 1976, No. 145.
 Annual leave and pay, 1976, No. 146.
 Merchant shipping (minimum standards), 1976, No. 147.
 Protocol to No. 147, 1996.
 Welfare, 1987, No. 163.
 Health protection and medical care, 1987, No. 164.
 Social security (revised), 1987, No. 165.
 Repatriation (revised), 1987, No. 166.
 Labour inspection, 1996, No. 178.
 Recruitment and placement, 1996, No. 179.
 Hours of work and manning, 1996, No. 180.

ARTICLE XIII – SPECIAL TRIPARTITE COMMITTEE (TC)

ILO shall establish a Committee to continuously review the convention. It shall consist of
following persons :
 2 representatives of each member State.
 Representatives of ship owners and seafarers appointed by the Governing body of ILO after
consulting the Joint Maritime Commission.
 Representatives of non-member States without voting right.
 Representatives of other organizations invited by the Governing body of ILO as observers.

ARTICLE XIV - AMENDMENT OF THIS CONVENTION

 Amendment may be adopted by General Conference of ILO in accordance with its

Constitution.
 It shall be deemed to be accepted on the date when ≥ 30 States having total share of ≥ 33 %
of world’s GT have ratified it.
 It shall come into force 12 months after the acceptance date.

ARTICLE XV – AMENDMENT TO THE CODE

Code may be amended by the above procedure or as follows :

 Amendment may be proposed by ≥ 5 ratifying States, or by the group of ship owners’ or
seafarers’ representatives who have been appointed to the TC.
 Director General of ILO shall communicate it to all member States asking for suggestions to
be sent within a period prescribed by Governing body of ILO.
 The proposed amendment with suggestions shall be considered by the TC, and it shall be
considered to be adopted under all the following conditions :
 At least half the ratifying States are present, and.
 At least two-thirds of the TC members vote in favour, and
 Votes in favour come from at least half the States, and at least half the ship owners, and at
least half the seafarers, present at the meeting.

 Adopted amendment shall be submitted to the next General Conference, and it shall be
approved if majority of two-thirds of the delegates present vote in favour, otherwise it shall
be referred back to the TC for re-consideration.
 Approved amendment shall be circulated to all member States, asking the ratifying States to
communicate any formal disagreements within 1 to 2 years as decided by the Conference.
 Amendment shall be deemed to be accepted unless by the end of prescribed period
disagreements are received from > 40 % of ratifying States owning ≥ 40 % of world’s GT.
 Accepted amendment shall come into force 6 months after the prescribed period for receiving
disagreements.

TITLE 1 - MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP

1.1 – MINIMUM AGE

Mandatory
 All seafarers --- 16 years.
 Night work --- 18 years.
“Night” shall be  9 hours starting latest from midnight to earliest 5 AM, as defined by the
State, who can make exceptions under certain conditions.
 Employment of seafarer of age < 18 years on work which is likely to jeopardize his health or
safety, shall be prohibited, as determined by the State, after consulting the ship owners’ and
seafarers’ organizations.

1.2 – MEDICAL CERTIFICATE

Mandatory

 Seafarer shall hold valid certificate, issued by qualified medical practitioner, declaring that he
is fit to work on ship. (R1.2.1, A1.2.1 and A1.2.4)
 Nature of medical examination and certificate shall be prescribed by the State after
consulting the ship owners’ and seafarers’ organizations, and in accordance with guidelines
published by ILO, WHO or IMO.
 Standards and certificate prescribed in STCW convention shall also be accepted.
 Certificate shall certify the following :
 Hearing and sight of seafarer is satisfactory.
 Colour vision is satisfactory for seafarer whose work requires it.
 He does not suffer from any condition which is likely ---
 to be aggravated by service at sea or
 to render him unfit for sea service or
 to endanger the health of other seafarers on board.

 It shall be valid for  1 year for seafarer whose age < 18 years, and valid for  2 years for
other seafarers.
 Colour vision certificate shall be valid for  6 years.
 State may permit a seafarer to work for ≤ 3 months without valid certificate to enable the
ship to reach the next port where valid certificate can be obtained.
 It shall be in English if seafarer is employed on ship on International voyages.

1.3 – TRAINING AND QUALIFICATIONS

Mandatory

Seafarer shall be trained and qualified to perform his duties on ship, and for personal safety, in
accordance with the STCW convention.
1.4 – RECRUITMENT AND PLACEMENT

Mandatory

 Seafarer shall have access to efficient, adequate and accountable system of finding
employment on ship without charge to him. (R1.4.1)
 Duties of State shall be as follows :
 Ensure that private recruitment and placement services operating within its territory
conform to a standardized system established after consulting the ship owners’ and
seafarers’ organizations. (R1.4.2 and A1.4.2)
 Do not encourage undue proliferation of services. (A1.4.2)
 If ship owners use services located in non-convention States, then Flag State shall ensure
that such services comply with the convention. (R1.4.3 and A1.4.9)
 If a service is operated by seafarers’ organization then the State shall ensure that
following conditions apply : (A1.4.3)
 The organisation, seafarer and ship owner are all located in the same State.
 The service shall operate in accordance with CBA between the organization and ship
owner as per its National laws.

 Closely supervise and control the services. (A1.4.6)

 Grant or renew their licenses after verification that they comply with the National laws.
(A1.4.6)
 Investigate complaints about the services. (A1.4.7)

 The service shall comply with the following : (A1.4.5)

 Do not prevent or deter a qualified seafarer from gaining employment.
 Do not charge a seafarer for providing employment, except for the cost of obtaining
medical certificate, national seafarer’s book, passport and other travel documents. Cost of
visa shall be borne by the ship owner.
 Maintain up-to-date register of seafarers recruited.
 Give a copy of the agreement to the seafarer and explain his rights and duties.
 Agreement shall be in accordance with the CBA and National laws.
 Seafarer recruited is qualified for the job and holds necessary documents.
 Ensure that the ship owner has means to prevent a seafarer from being stranded in a
foreign port.
 Examine any complaint and advise the State about any unresolved complaint.
 Maintain an insurance or other system to compensate the seafarer for loss suffered due to
contractual default of the service or ship owner.

Guidelines

State should consider the following aspects :

 Promote effective cooperation amongst services, and ship owners’ and seafarers’
organisations.
 Develop training programmes for seafarers, by considering the needs of maritime industry,
and with the participation of ship owners, seafarers and training institutes.
 Determine conditions for processing, collection and storage of personal data of seafarers by
services, and communicating it to third parties, with due regard to the right to privacy and
confidentiality of data.
 Maintain statistical data of seafarers classified by age, sex, rank and qualifications, and
requirements of industry.
 Establish system for services to address issues regarding following matters :
 Maintain up-to-date list of ships where seafarers are recruited.
 Establish means for contacting them in emergency at all hours.
 Seafarer is not exploited by them.
 Publicise costs, if any, which seafarer will have to bear for recruitment.
 Advise seafarer regarding job requirements and policies of ship owner.
 Deal with cases of incompetence and indiscipline in accordance with CBA and National
laws.
 Ensure that all mandatory certificates submitted for employment have not been
fraudulently obtained.
 Sympathetically deal with requests from families of seafarers at sea, for information and
advice at no cost.
 Supply seafarers only to those ship owners who offer terms and conditions of
employment which comply with the National laws and CBA.

TITLE 2 - CONDITIONS OF EMPLOYMENT

2.1 – SEAFARERS’ EMPLOYMENT AGREEMENTS

Mandatory

 Terms of employment of seafarer shall be a written agreement complying with the

convention. (R2.1.1)
 It shall comply with the following :
 It shall be legally enforceable. (R2.1.1)
 Seafarer shall be given an opportunity to examine and receive advice on it before signing
it. (R2.1.2 and A2.1.1(b))
 It shall incorporate any applicable CBA. (R2.1.3 and A2.1.2)
 It shall be signed by seafarer and ship owner, and both shall receive the original.
(A2.1.1(a) and A2.1.1(c))
 It shall be available on ship, alongwith the CBA, to Master and seafarer and for review by
Port States. (A2.1.1(d) and A2.1.2)
 Seafarer shall be given record of his employment on ship, as prescribed by State, without
mentioning his quality of work or his wages. (A2.1.1(e) and A2.1.3)
 It, alongwith the CBA, shall also be in English, except for ships engaged only on
domestic voyages. (A2.1.2)
 It shall contain following information : (A2.1.4)
 Seafarer’s name, age, birth place, capacity, wages and paid annual leave.
 Ship owner’s name and address.
 Date and place of entering into the agreement.
 Date when, or port where the agreement will terminate, or, if the agreement is for
indefinite period, notice period to be given by seafarer / ship owner for termination.
The period shall not be less for ship owner.
 Health and social security protection benefits to be provided.
 Entitlement to repatriation.
  Reference to CBA.

 For early termination of agreement notice period to be given by seafarer / ship owner
shall be determined after consulting the ship owners’ and seafarers’ organizations, and
shall be ≥ 7 days. Shorter notice period or no notice may be given under special
circumstances as incorporated in National laws or CBA. (A.2.1.5 and A2.1.6)

Guidelines

Record of employment of seafarer may be in form of discharge book in English, with sufficient
information to facilitate the seafarer to acquire further work or to satisfy sea-service
requirements for up-grading or promotion.

2.2 – WAGES

Mandatory

 Wages shall be paid at least once a month.

 Monthly account of payments due and paid, and the rate of exchange for payment in foreign
currency, shall be given to the seafarer.
 Seafarer shall be provided with means to make allotment of all or part of his wages to
nominated person of his family at regular intervals by bank transfer or other similar means. A
reasonable service charge may be levied.

Guidelines

B2.2.2 : Calculation and payment

 For calculating wages the normal working hours should be  8 hours / day.
 For calculating overtime the normal working hours should be  48 hours / week, as
prescribed by National laws or CBA.
 Rate of overtime should be  1¼ times the basic wages / hour, as prescribed by National laws
or CBA.
 Record of overtime worked should be maintained by Master and endorsed by seafarer every
month.
 Compensation for overtime or work done on weekly day of rest or on public holidays may be
provided by equivalent time off or additional leave, as prescribed by National laws or CBA.
 National laws adopted after consulting the ship owners’ and seafarers’ organizations, or CBA,
should take into account the following principles :
 Equal remuneration for work of equal value.
 No discrimination based on race, colour, sex, religion, political opinion, national
extraction or social origin.
 Wages should be specified in the employment agreement.
  On termination of agreement all remuneration should be paid without undue delay to
seafarer’s bank by appropriate means, unless he requests otherwise, failing which
adequate penalties should be imposed.
 Deduction from remuneration upto a limit should be permitted only if there is express
provision in the National laws or CBA.
 No deduction for obtaining or retaining employment.
 Monetary fines on seafarers should only be as per National laws or CBA.
 State should inspect stores and services provided on board ship to ensure that fair and
reasonable prices are applied for the seafarer.
 Claims for wages should be protected either by Convention on Maritime Liens and
Mortgages, 1993, or Protection of Workers’ Claims (Employer’s Insolvency) Convention,
1992, No. 173.

 State should have procedures for investigating complaints, after consulting the ship owners’
and seafarers’ organizations. (Para 5)

B2.2.3 : Minimum wages

State should determine minimum wages, after consulting the ship owners’ and seafarers’
organizations, and after taking into account the following factors :
 Nature of maritime employment.
 Crewing levels of ships.
 Normal hours of work.
 Changes in cost of living.
 Needs of seafarers.

B2.2.4 : Minimum monthly basic wage or wage figure for able seafarers

Minimum wage for an able seafarer in deck department (defined in B2.2.1.1(a)) should not be
less than that fixed periodically by the Joint Maritime Commission or a body authorized by the
Governing body of ILO.

2.3 – HOURS OF WORK AND HOURS OF REST

Mandatory

 State shall fix either maximum hours of work or minimum hours of rest based on an 8-hour
day with 1 day of rest per week, and rest on public holidays. (R2.3.2, A2.3.2 and A2.3.3)
 Work shall be  14 hours / 24-hour period and  72 hours / 7-day period, OR
Rest shall be  10 hours / 24-hour period and  77 hours / 7-day period. (A2.3.5)

 Rest hours in a day may be divided into maximum 2 periods, one of which shall be  6 hours.
Interval between two consecutive periods of rest shall be  14 hours. (A2.3.6)
 Drills prescribed by National laws and International instruments shall be so conducted that
disturbance of rest periods is minimum. (A2.3.7)
 When seafarer is on call and if he is called out to work, which disturbs his rest period, then
he shall be given adequate compensatory rest. (A2.3.8)
 Table in standardized format, and in working language of the ship and in English, stating
shipboard working arrangements, schedule of service for each post at sea and in port, and
hours of work or rest, as prescribed by National laws or CBA, shall be posted in an
accessible place on the ship. (A2.3.10 and A2.3.11)
 Record of seafarers’ daily hours of work or rest in standardized format, and in working
language of the ship and in English, shall be maintained. Copy of this record endorsed by the
Master and seafarer shall be given to seafarer. (A2.3.12)
 State may permit exceptions to above limits under certain conditions. (A2.3.13)
 Above limits may be exceeded if it is necessary for immediate safety of the ship, persons or
cargo, or for assisting other ships or persons in distress. After normal situation is restored, the
seafarers shall be given adequate rest. (A2.3.14)

Guidelines

For young seafarer of age < 18 years, following provisions should apply :
 Work should be  8 hours / day and  40 hours / week.
 Overtime work only for unavoidable safety reasons.
 Sufficient time for all meals, and main meal break  1 hour.
 Rest  15 min. after every 2 hours of continuous work.
 Certain exceptions may be permitted, which should be recorded with reasons, and signed by
Master.
 Work during any emergency as stated above applies.

2.4 – ENTITLEMENT TO LEAVE

Mandatory

 Annual paid leave shall be  2.5 days / month of employment. State shall determine the
manner for calculating length of service.
 Seafarers shall be granted shore leave for the benefit of their health and well-being, and in
keeping with the operational requirements of their positions on the ship.

Guidelines

B2.4.1 : Calculation of entitlement

 Following should be counted as part of service :

  Service off-articles.
 Attending approved maritime vocational training course.
 Illness, injury or maternity.

 Following should not be counted as part of annual leave :

 Public and customary holidays as decided by Flag State, even if these fall during annual
leave.
 Period of incapacity for work due to illness, injury or maternity.
 Temporary shore leave.
 Compensatory leave as decided by State.
 Time spent awaiting repatriation and travel time to destination. (B2.4.2.3 and B2.5.1.4)

B2.4.2 : Taking of annual leave

 Time of taking annual leave should be fixed by regulation, CBA, arbitration award, or as
per National practice. If it is not done then it should be determined by ship owner in
consultation with the seafarer.
 Place of leave should be where seafarer has substantial connection or where he should be
repatriated.
 Recall from leave should only be in cases of extreme emergency and with the consent of
seafarer.

B2.4.3 : Division and accumulation

 Division or accumulation of leave may be permitted by State.

 It should be for uninterrupted period.

B2.4.4 : Young seafarers

Young seafarer of age < 18 years who has served on foreign-going ship for 6 months or less as
prescribed in CBA, and the ship has not returned to his country of residence, nor will it return for
another 3 months, then he should be repatriated to his country for taking leave.

2.5 – REPATRIATION

Mandatory
 Seafarer shall be entitled to free repatriation (R2.5.1) under the following circumstances :
(A2.5.1)
 On expiry of the agreement abroad.
 On termination of agreement by the ship owner, or seafarer for justified reasons.
 If the seafarer cannot carry out his duties in specific circumstances.

 Ship owner shall provide financial security to ensure that they meet their obligations.
(R2.5.2)
 Terms and conditions of repatriation shall be prescribed by the State or CBA, as follows :
(A2.5.2)
 Period of service on ship for entitlement shall be < 12 months.
 “Justified reasons” and “Specific circumstances” as stated above.
 Destination of repatriation, mode of transport, expenses to be covered, etc.

 Cost of repatriation can be recovered from the seafarer if he is in serious default of his
obligations under the agreement, as per National laws or CBA. (A2.5.3)
 Costs of repatriation shall be borne by the ship owner, failing which by the Flag State, and
failing which by Port State or Nationality State, who can recover the cost from the Flag State,
and who in turn can recover it from the ship owner. (A2.5.5)
 Port State or Nationality State may detain or request detention of ships of the ship owner till
reimbursement is made. (A2.5.6)

Guidelines

B2.5.1 : Entitlement

 Repatriation on expiry of the agreement abroad should be after expiry of the notice period as
stated in the agreement.
 “Specific circumstances” as stated above, for entitlement of repatriation, should include the
following :
 Illness or injury.
 Shipwreck.
 Insolvency of the ship owner.
 Sale of the ship or change of its registration.
 If the ship is bound for a war zone, as defined by National laws, where the seafarer does
not consent to go.

 Cost of repatriation, till reaching the destination, should include following :

 Air passage to one of the following destinations as prescribed by the State, and chosen by
the seafarer :
 Country where the seafarer may have substantial connection.
 Place of engagement.
 Place stipulated in CBA.
 Country of residence of seafarer.
 Any other mutually agreed place.
  Accommodation and food.
 Pay and allowances.
 Transportation of 30 kg. of personal luggage.
 Medical treatment until the seafarer is fit to travel.

 In lieu of repatriation cost, ship owner may provide suitable employment on a ship
proceeding to the destination.

B2.5.2 : Implementation by Members

 In case of delay in repatriation, the Port state should inform consular representative of Flag
State and Nationality State.
 If a young seafarer of age < 18 years has served for ≥ 4 months on his first foreign-going
voyage, and he is apparently not suited for sea life, he should be given free repatriation from
the first port where consular services of the Flag State or Nationality State of the seafarer are
available. The authority who issued the papers for his employment should be informed.

2.6 – SEAFARER COMPENSATION FOR THE SHIP’S LOSS OR FOUNDERING

Mandatory

Seafarer shall be entitled to compensation for injury, loss or unemployment due to loss or
foundering of the ship.

Guidelines

Compensation for the period of unemployment, should be paid at the prescribed rate of wages,
upto maximum 2 months’ wages.

2.7 – MANNING LEVELS

Mandatory

Flag State shall ensure that their ships are manned by sufficient number of qualified seafarers to
ensure their safe and efficient operation, with due regard to security, seafarer fatigue, supply of
food and catering, and in accordance with the principles of Minimum Safe Manning document
issued under the SOLAS convention.

2.8 – CAREER DEVELOPMENT

Mandatory
States shall have national policies to promote employment in the maritime sector and to
encourage career and skill development and greater employment opportunities for its seafarers.
They shall establish clear objectives for vocational guidance, education and training of seafarers,
after consulting the ship owners’ and seafarers’ organizations.

TITLE 3 - ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND

CATERING

3.1 – ACCOMMODATION AND RECREATIONAL FACILITIES

Mandatory

 Requirements of the Code relating to construction and equipment shall apply only to ships
constructed, i.e. whose keel was laid or which was at similar stage of construction, ≥ 20-08-
2013. For existing ships the existing ILO conventions shall continue to apply. (R3.1.2)
 Amendment to the Code relating to accommodation and recreational facilities shall apply
only to ships constructed after the amendment takes effect. (R3.1.3)
 Each State shall make laws to prescribe standards for accommodation, and their inspection,
after consulting the ship owners’ and seafarers’ organizations. (A3.1.1, A3.1.2 and A3.1.3)
 General requirements of accommodation shall be as follows : (A3.1.6)
 Headroom  203 cm. Flag State may reduce it if considered reasonable.
 Adequate insulation, proper lighting and sufficient drainage.
 In cargo ships sleeping rooms shall be situated above load line, amidships or aft. In
exceptional cases it may be located in fore part but not forward of collision bulkhead.
 In passenger ships and special purpose ships (constructed in accordance with IMO Code),
sleeping rooms may be situated below the load line but not immediately below working
alleyways.
 No direct openings into sleeping rooms from cargo spaces, machinery spaces, galley,
storerooms, drying rooms or communal sanitary areas.
 Bulkheads separating sleeping rooms from above spaces, and external bulkheads, shall be
watertight and gas-tight.

 Requirements for ventilation and heating shall be as follows : (A3.1.7)

 Air-conditioning for accommodation, radio room and machinery control room, except on
ships which are regularly trading in areas where temperate climatic conditions do not
require it. Ships of GT < 200 tons may be exempted after consulting the ship owners’ and
seafarers’ organizations. (A3.1.20)
 Ventilation of sanitary spaces to open air, independent of other parts of accommodation.
 Appropriate heating system, except in ships exclusively engaged on voyages in tropical
climates.

 Requirements for sleeping rooms shall be as follows : (A3.1.9)

 In cargo ships, individual rooms for each seafarer. Ships of GT < 3000 tons or special
purpose ships may be exempted after consulting the ship owners’ and seafarers’
organizations.
  Separate rooms for men and women.
 Separate berth of size  198 × 80 cm. for each seafarer in all cases
 Natural and adequate artificial lighting shall be provided. Special arrangements may be
permitted in passenger ships. (A3.1.8)
 Washbasin with hot and cold fresh water in each room as stated below. (A3.1.11). Ships
of GT < 200 tons may be exempted after consulting the ship owners’ and seafarers’
organizations. (A3.1.20)
 Floor areas shall be as follows :
 For single-berth rooms on cargo ships, area shall be 4.5 to 7 m 2 depending on ship’s
GT. Flag State may reduce it for cargo ships of GT < 3000 tons, passenger ships and
special purpose ships.
 For two-berth rooms on cargo ships of GT < 3000 tons, area ≥ 7 m2.
 On passenger ships and special purpose ship, for seafarers other than officers, area
shall be 7.5 to14.5 m2 depending on number of persons in a room.
 On cargo ships, for officers not having private sitting room or day room, area shall be
7.5 to 10 m2 / person depending on ship’s GT.
 On passenger ships and special purpose ships, for officers not having private sitting
room or day room :
 Area  7.5 m2 / person for officers at operational level.
 Area  8.5 m2 / person for officers at management level.

 Ships of GT < 200 tons may be exempted from the above area requirements, after
consulting the ship owners’ and seafarers’ organizations. (A3.1.20)

 Sitting or day room for Master, Chief engineer and Chief navigating officer. Ships of GT
< 3000 tons may be exempted after consulting the ship owners’ and seafarers’
organizations.
 Each sleeping room shall have following furniture :
 Clothes locker of space  475 lt. and drawer of space  56 lt., or combined space 
500 lt., for each person, with shelf and locking arrangement.
 Table or desk with seat.

 Mess rooms shall be located apart from sleeping rooms and close to the galley. Ships of GT <
3000 tons may be exempted after consulting the ship owners’ and seafarers’ organizations.
(A3.1.10). Natural and adequate artificial lighting shall be provided. Special arrangements
may be permitted in passenger ships. (A3.1.8)
 Requirements for sanitary facilities shall be as follows : (A3.1.11)
 Separate facilities for men and women.
 Within easy access of navigation bridge and machinery space. Ships of GT < 3000 tons
may be exempted after consulting the ship owners’ and seafarers’ organizations.
 Minimum 1 toilet, wash basin, and tub or shower or both, for ≤ 6 persons.
 On cargo ships each sleeping room provided with 1 wash basin with hot and cold fresh
water. Ships of GT < 200 tons may be exempted after consulting the ship owners’ and
seafarers’ organizations. (A3.1.20)
 Hot and cold fresh water in all wash places.
  Above facilities may be reduced in passenger ship engaged on voyages ≤ 4 hours.
 Ventilation of sanitary spaces to open air. (A3.1.7)

 Hospital for ship carrying ≥ 15 seafarers and engaged on voyages > 3 days. Flag State may
relax this requirement for ships engaged on coastal trade. (A3.1.12)
 Furnished laundry facilities. (Para 13 of A3.1). Ships of GT < 200 tons may be exempted
after consulting ship owners’ and seafarers’ organizations. (A3.1.20)
 Open deck space of adequate area for off-duty seafarers. (A3.1.14)
 Separate or common office for deck and engine department. Ships of GT < 3000 tons may be
exempted after consulting ship owners’ and seafarers’ organization. (A3.1.15)
 Appropriate devices fitted on ships which are regularly trading to mosquito-infested ports.
(A3.1.16)
 Appropriate recreational facilities. (A3.1.17)
 Master shall frequently inspect the accommodation and record it. (A3.1.18)

Guidelines

B3.1.1 : Design and construction

 External bulkheads, machinery casing, boundary bulkheads of galley, other heat producing
spaces, sleeping, mess and recreation rooms, and alleyways adequately insulated.
 Protection from steam and hot water pipes.
 Construction should not allow harbouring of vermin.
 All surfaces capable of being easily kept clean.
 All surfaces of sleeping and mess rooms should be of light colour with non-toxic finish.
 Decks should have non-slip surface and impervious to damp.
 No crevices in joints of flooring.

B3.1.2 : Ventilation

Air-conditioning system should comply with the following :

 Maintain satisfactory temperature and humidity, and sufficient air changes.
 Should not produce excessive noise or vibration.
 Easily cleaned and disinfected to prevent spread of disease.
 Power should be always available, but need not be from emergency source.

B3.1.3 : Heating

 Heating system should maintain the temperature prescribed by the State, based on the
climatic conditions of the trade of the ship.
 It should be by hot water, warm air or electricity. Steam should not be used within
accommodation.
 Radiators should be shielded to prevent fire or discomfort to occupants.

B3.1.4 : Lighting
 Electric lights should have 2 independent sources of electric supply, or additional lamps
should be provided for emergency use.
 Electric reading lamp installed at the head of each berth in sleeping rooms.

B3.1.5 : Sleeping rooms

 Adequate insulation. (B3.1.1.2)

 Berth arrangements adequate for any partner of seafarer.
 Watch-keepers and day workers should not share the same room.
 Maximum 2 petty officers / room.
 Sitting or day room for Second engineer officer.
 Space for berths, lockers, drawers and seats should be included in the floor area.
 Maximum 2-tier berths. Along shipside single-tier berth. Lower berth should be ≥ 30 cm.
above floor and upper berth should be midway between the lower berth and deck-head
beams.
 Each room should have following items :
 Electric reading lamp at the head of each berth. (B3.1.4.2)
 Private bath and toilet.
 Mattress with cushioning for each berth.
 Dust-proof bottom fitted below the bottom of upper berth.
 Curtains for the side-lights.
 Mirror, cabinet for toilet articles, book-rack and sufficient coat hooks.

B3.1.6 : Mess rooms

 Common or separate facilities, as decided by the Flag State, based on cultural, religious and
social needs of seafarers, and after consulting the ship owners’ and seafarers’ organizations.
 Separate mess rooms for Master and officers, and for petty officers and other seafarers.
 On cargo ships floor area ≥ 1.5m2 / person.
 Refrigerator of sufficient capacity, and facilities for hot beverages and cool water.
 Pantry accessible to mess room, or adequate lockers for utensils and facilities for washing
them.

B3.1.7 : Sanitary accommodation and laundry

 Wash basins and tubs of adequate size.

 Toilets of approved pattern, separated from sleeping and wash rooms, except for certain
relaxations.
 Floors impervious to damp and properly drained.
 Watertight steel bulkheads for ≥ 23 cm. above deck.
 Sufficiently lit, heated and ventilated.
 If there is more than one toilet in a compartment, these should be screened to ensure privacy.
 Laundry should have washing machines, drying machines or adequately heated and
ventilated drying rooms, and irons and ironing boards.
B3.1.8 : Hospital

 Facilitate consultation, giving of first aid, treatment of occupants and prevent spread of
infectious diseases.
 Number of berths prescribed by the Flag State.
 Exclusive sanitary accommodation consisting of at least 1 toilet, wash basin and tub or
shower.

B3.1.9 : Changing facility for engine personnel

 Located outside but with easy access to machinery space.

 Fitted with individual clothes lockers, tubs and/or showers, wash basins with hot and cold
fresh water.

B3.1.10 : Bedding, mess utensils and miscellaneous provisions

Following items should be provided to all seafarers :

 Clean bedding of good quality, and utensils of approved material consisting of plates, cups,
etc. These should be returned on completion of service.
 Towels, soap and toilet paper.

B3.1.11 : Recreational facilities, mail and ship visit arrangements

 Book-case, facilities for reading, writing and games, canteen, smoking room, television,
radio, films, sports and exercise equipment, table and deck games, swimming pool, library
containing vocational and other books, handicraft facilities, video recorder, DVD/CD player,
computer and software, cassette recorder/player, and provision of bars if permitted.
 Access to ship-to-shore telephone, email and internet facilities, with reasonable charges for
their use.
 Reliable and expeditious forwarding of mail.
 Wherever possible and reasonable, permission should be granted expeditiously to seafarers to
bring their partners, relatives and friends as visitors on board their ship in port, subject to
security clearance and International and National laws.
 Wherever practical and reasonable, seafarers should be allowed to be accompanied by their
partners on occasional voyage, provided they carry insurance cover for accident and illness.

B3.1.12 : Prevention of noise and vibration

 Accommodation, recreational and catering facilities should be located far from engines,
steering gear, winches, equipment for ventilation, heating and air-conditioning, and other
noisy machinery.
 Acoustic insulation should be used in construction of bulkheads, deck-heads and decks
within sound-producing spaces and self-closing noise-isolating doors for machinery spaces.
 Engine room should have soundproof centralized control room.
 Working spaces like machine shop should be insulated from general engine noise.
 Measures should be taken to reduce noise in operation of machinery.
 Noise limits should conform to ILO Code for Ambient factors in the work-place, 2001, and
recommendations of IMO. A copy of applicable instruments in English and working
language of ship, should be carried on ship and be accessible to seafarers.
 No excessive vibration.

3.2 - FOOD AND CATERING

Mandatory

 Flag State shall ensure that their ships carry and serve in hygienic conditions, free food and
drinking water of appropriate quality, nutritional value, variety and quantity, taking into
account the differing cultures and religious backgrounds, and complying with the minimum
standards prescribed by its laws.
 Cook shall be of age ≥ 18 years. (A3.2.8)
 He shall undergo an approved training course covering practical cookery, food and personal
hygiene, food storage, stock control, environmental protection, health and safety.
 Flag State may not require a qualified cook on a ship manned by < 10 seafarers. If so any
person working in galley shall be trained and instructed in the duties of a cook. (A3.2.5)
 In exceptional circumstances Flag State may permit a non-fully qualified cook to serve till
next port of call or maximum 1 month. If so he shall be trained and instructed in the duties of
a cook. (A3.2.6)
 Catering staff shall be properly trained. (A3.2.2(c))
 Master shall carry out frequent documented inspections in respect of following :
 Supplies of food and drinking water.
 Galley, other spaces and equipment used for storage and handling of food and water, and
for preparation and service of meals.

Guidelines

B3.2.2 : Ships’ cooks

Seafarer should be qualified as a cook only after he has served for minimum period at sea as
prescribed by the State, passed an examination after an approved training course, and hold a
certificate to that effect.

TITLE 4 - HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL

SECURITY PROTECTION

4.1 - MEDICAL CARE ON BOARD SHIP AND ASHORE

Mandatory

 Flag State shall ensure that seafarers on its ships get prompt, adequate and free medical care.
 Port State shall ensure that seafarers on ships in its territory get access to medical facilities
ashore, including visit to a qualified doctor or dentist, and it shall be free if allowed by its
laws. (R4.1.3 and A4.1.1)
 State shall adopt standard medical report form for use by Master and shore medical
personnel. This shall be confidential. (A4.1.2)
 Flag State shall make laws for the following : (A4.1.4)
 On-board hospital, medical facilities, equipment and training.
 Medical chest, equipment and guide based on type and trade of ship, and number of
persons on board, which shall be inspected by State.
 Qualified doctor on ship carrying ≥ 100 persons and engaged on International voyages of
> 3 days.
 Ship not having a doctor shall have either one seafarer in charge of medical care as part
of his duties, or one seafarer competent to provide medical first aid. Both shall be trained
according to STCW convention.
 Free medical advice by radio or satellite communication, including specialist advice, are
available 24 hours a day to all ships at sea, regardless of their flag.

Guidelines

B4.1.1 : Provision of medical care

 Ships which can reach port medical facilities within 8 hours should have a designated
seafarer with approved MFA training according to STCW convention.
 Other ships should have a designated seafarer with approved Medicare training in accordance
with STCW convention.
 Training stated above should be based on the following documents.
 International Medical Guide for Ships.
 Medical First Aid Guide for use in Accidents involving Dangerous Goods.
 Document for Guidance – An International Maritime Training Guide.
 International Code of Signals.

 Designated seafarers stated above should undergo refresher training every 5 years.
 Medical chest, equipment and guide on board should be inspected by Flag State every 12
months to check the labeling, expiry dates, storage of medicines, condition of equipment,
etc., in accordance with the above stated documents.
 All necessary information on the nature of dangerous goods carried on board, risks involved,
necessary personal protective devices, medical procedures and specific antidotes, should be
available on board even if these are not given in MFA Guide stated above.
 List of radio stations and coast earth stations for obtaining medical advice should be available
on board.

B4.1.2 : Medical report form

The form given in this Code should be used to exchange medical information with shore in case
of injury or illness.

B4.1.3 : Medical care ashore

Adequate medical facilities should be available in port, irrespective of nationality or religious

belief of the seafarer, for the following :
 Outpatient treatment.
 Hospitalisation.
 Dental treatment, specially in emergency.
 Treatment of disease.

B4.1.4 : Medical assistance to other ships and International cooperation

Each State should cooperate in the following matters :

 Comply with SAR convention and IAMSAR manual with regard to prompt medical help and
evacuation at sea of seriously ill or injured, ship position reporting systems, RCCs and
helicopter services.
 Use ships carrying a doctor.
 Station ships at sea to provide hospital and rescue facilities.
 Maintain International list of doctors and medical facilities.
 Repatriate seafarer hospitalized abroad and arrange assistance to him in accordance with
advice of doctor, and his wishes and needs.
 Set up health centres to conduct research in health care of seafarers and train staff in
maritime medicine.
 Collect and evaluate statistics on occupational accidents, diseases and fatalities of seafarers,
and integrate and harmonise it with statistics of other workers.
 Repatriate body or ashes of deceased seafarer according to wishes of next of kin.

B4.1.5 : Dependents of seafarers

Each State should adopt measures for medical care of dependents of seafarers domiciled in its
territory.

4.2 - SHIP OWNERS’ LIABILITY

Mandatory

 Seafarers shall have right to material assistance from ship owner with respect to financial
consequences of sickness, injury or death.
 Flag State shall make laws for ship owner to be responsible for health protection and medical
care of seafarers in accordance with the following minimum standards : (A4.2.1)
 Bear costs of sickness and injury while working on ship.
 Provide compensation for death or long-term disability due to injury, illness or hazard.
 Pay cost of burial expenses.
 Defray expense of medical care, treatment, medicines, therapeutic applications, boarding
and lodging until the seafarer has recovered, or until his sickness is declared to be of
permanent character. Liability shall be upto ≥ 16 weeks from the day of injury or
sickness. (A4.2.2)
 Pay full wages till he is repatriated, and thereafter pay full or part wages till his recovery.
Liability shall be upto ≥ 16 weeks from the day of injury or sickness. (A4.2.3 and A4.2.4)
 Safeguard property left on board by sick, injured or deceased seafarer, and return it to his
next of kin. (A4.2.7)

 Following items may be excluded from ship owner’s liability : (A4.2.5)

 Injury incurred otherwise than in service on ship.
 Injury or sickness due to willful misconduct of seafarer.
 Sickness or infirmity intentionally concealed at the time of engagement.

Guidelines

Payment of full wages stated above may exclude bonuses.

4.3 - HEALTH AND SAFETY PROTECTION AND ACCIDENT PREVENTION

Mandatory

Every State shall do the following :

 Ensure that seafarers on their ships live, work and train in safe and hygienic environment.
(R4.3.1)
 Promulgate guidelines for management of occupational safety and health of seafarers after
consulting the ship owners’ and seafarers’ organizations, and taking into account
International and National standards. (R4.3.2)
 Adopt laws for the following : (A4.3.1 and A4.3.2)
 Occupational safety and health policies.
 Risk evaluation.
 Training and instruction of seafarers.
 Precautions to prevent occupational accidents, injuries and diseases, including those due
to exposure to chemicals and due to use of equipment and machinery.
 Preventive measures, including engineering and design control, substitution of
procedures, and use of personal protective equipment.
 Inspecting, reporting and correcting unsafe conditions.
 Investigation, reporting, recording and maintaining statistics of accidents. (A4.3.5)
 Special attention for seafarers of age < 18 years.
 Obligations and duties of ship owner, Master and seafarers.
  Formation of safety committee on ship having ≥ 5 seafarers.

 Review and revise the above laws regularly, in consultation with the ship owners’ and
seafarers’ organizations, and taking into account changes in technology and research.
(A4.3.3)
 Inform seafarers concerning particular hazards on ships. (A4.3.7)

Guidelines

B4.3.1 : Provisions on occupational accidents, injuries and diseases

 Take into account International standards, specially ILO code on “Accident prevention on
board ship at sea and in port, 1996”.
 National guidelines on occupational safety and health, should address the following :
 Means of access.
 Asbestos related risks.
 Machinery.
 Effects of extremely low or high temperatures, noise, vibration, tobacco smoke, and other
ambient factors.
 Safety measures on and below decks.
 Cargo equipment.
 Fire-fighting.
 Anchors, chains and lines.
 Dangerous cargo and ballast.
 Personal protective equipment.
 Work in enclosed places.
 Effects of physical and mental fatigue, drug and alcohol.
 HIV/AIDS protection and prevention.
 Emergency and accident response.
 Manual handling of loads.
 Physical, chemical, biological and mental occupational health effects.
 Physical and mental health effects of fatigue and accidents.

B4.3.2 : Exposure to noise

States should take following measures :

 Periodically review the problem of noise on board ships in consultation with competent
International bodies and ship owners’ and seafarers’ organizations.
 Instruct seafarers in the dangers to hearing and health due to prolonged exposure to high
noise levels.
 Provide approved hearing protection equipment.
 Asses risk and reduce exposure to noise in accommodation and engine-room.

B4.3.3 : Exposure to vibration

States should take following measures :
 Periodically review the problem of vibration on board ships in consultation with competent
International bodies and ship owners’ and seafarers’ organizations.
 Instruct seafarers in the dangers to their health due to prolonged exposure to vibration.
 Provide approved personal protection equipment.
 Asses risk and reduce exposure to vibration in accommodation and workplace.
 Follow ILO Code “Ambient factors in the workplace, 2001”.

B4.3.4 : Obligations of ship owners and seafarers

 Ship owners should provide and seafarers should use protective equipment and accident
prevention safeguards, and comply with health protection measures.
 Ship owners should properly guard machinery in use, and seafarers should not use any
unguarded machinery.

B4.3.5, B4.3.6, B4.3.7, B4.3.8 and B4.3.9 :

States should take following measures :

 Report and thoroughly investigate all occupational accidents, injuries and diseases.
 Keep, analyse and publish comprehensive statistics.
 Conduct research into general trends and hazards.
 Organise protection and prevention programmes by information sessions and on-board
guidelines.
 Establish committees or working parties for above programmes, with representation from
ship owners’ and seafarers’ organizations, having following functions :
 Prepare National guidelines, rules and manuals.
 Conduct training programmes.
 Organise publicity on safety, health and accidents by films, posters, notices and brochures
for use of seafarers on board ships.

 Review curriculum of training programmes in light of development of types and sizes of

ships and their equipment, changes in manning practices, nationality, language and
organization of work on board ships.
 There should be continuous safety and health protection, and accident prevention publicity
by audiovisual material, posters, periodicals and special campaigns on safe working
practices, taking into account different nationalities, languages and cultures of seafarers.

B4.3.10 : Safety and health education of young seafarers

States should take following steps :

 Make regulations to minimize occupational dangers to them.
 Restrict them from doing following work without supervision and instruction :
 Lifting, moving or carrying heavy loads.
 Entering boilers, tanks and cofferdams.
  Exposure to harmful noise, vibration, toxic substances and ionizing radiations.
 Operating hoisting machinery, and acting as signaler for other operators.
 Handling mooring, towing and anchoring equipment.
 Rigging.
 Working aloft or on deck in heavy weather.
 Keeping night duties.
 Servicing electrical equipment.
 Cleaning catering machinery.
 Handling or taking charge of boats.

 Inform them about prevention of accidents and protection of their health by courses and
accident prevention publicity.
 Guide them on the detrimental effects of drug and alcohol abuse, and the risk relating to
HIV/AIDS.

B4.3.11 : International cooperation

States should cooperate in the following objectives:

 Promotion of safety, health protection and prevention of accidents by having regard to codes
of practice published by ILO and other International organisations.
 Making bilateral and multilateral arrangements.
 Exchanging information on particular hazards.
 Inspection and testing of equipment.
 Dissemination of rules and manuals made.
 Production and use of training aids.
 Mutual assistance in training of seafarers.

4.4 - ACCESS TO SHORE-BASED WELFARE ACTIVITIES

Mandatory

States shall take following actions :

 Develop welfare, cultural, recreational and information facilities and services ashore in
designated ports, after consulting ship owners’ and seafarers’ organizations.
 Provide easy access to them for seafarers, irrespective of nationality, race, colour, sex,
religion, political opinion, social origin or Flag State of the ship.
 Establish welfare boards which shall review the facilities in light of changes in the needs of
seafarers.
Guidelines

B4.4.1 : Responsibilities of members

States should take following measures :

 Provide adequate protection to seafarers, specially in foreign countries and when entering
war zones.
 Supply free welfare materials like films, books, newspapers and sports equipment on board
ships and welfare centres ashore.
 Organise International sports competition and seminars.

B4.4.2 : Welfare facilities and services in ports

 Welfare facilities should be provided by public authorities, ship owners’ and seafarers’
organizations, and voluntary organizations.
 Facilities should include the following :
 Meeting and recreation rooms.
 Sports facilities and competition.
 Education.
 Religious observances.
 Personal counseling.

 When large numbers of seafarers of different nationalities require facilities at a port, then the
Nationality and Flag States, and International associations should cooperate with the Port
State and pool their resources.
 Good class hotels or hostels in good surroundings, away from docks, at reasonable prices,
and with family accommodation, should be available for all seafarers irrespective of
nationality, race, colour, sex, religion, political opinion, social origin or Flag State of the ship.
Different facilities adapted to customs and needs of different groups of seafarers may be
necessary.

B4.4.3 : Welfare boards

 Their functions should be as follows :

 Review adequacy of existing facilities.
 Monitor need for additional facilities.
 Withdraw under-utilised facilities.
 Assist and advise those responsible for providing facilities.

 Consuls of maritime States and local representatives of foreign welfare organizations should
be associated with the work of the board.

B4.4.4 : Financing of welfare boards

Financial support should be available through the following :

 Public grants.
 Levies or dues from shipping sources.
 Contributions from ship owners, seafarers and other sources.
B4.4.5 : Dissemination of information and facilitation measures

 Information should be given to seafarers about facilities in port which are open to general
public and which are specially provided for seafarers.
 Adequate transport at reasonable prices should be available to seafarers to reach urban areas
from port.
 Ship owners and seafarers should be informed about special port laws and customs.
 Port areas and access roads should have adequate lighting, sign posts and regular patrols.

B4.4.6 : Seafarers in a foreign port

 Port State should provide following facilities :

 Access to consuls of the nationality of seafarers.
 Effective cooperation between consuls and local authorities.
 Safety of seafarers from aggression and other unlawful acts while ship is in their
territorial waters, specially in approaches to port.
 Facilitate shore leave as soon as possible after ship’s arrival.

 If a seafarer is detained, Port State should take following steps :

 Deal with the case promptly as per law.
 Immediately inform Flag State and Nationality State, and through them the next of kin of
seafarer.
 Allow consuls of these States immediate access and regular visits to the seafarer.

4.5 - SOCIAL SECURITY

Mandatory

 State shall ensure that social security protection is available to its resident seafarers, and to
their dependents as per its laws, which shall not be less than that for shore workers. (R4.5.3)
 This protection shall include benefits for medical care, sickness, unemployment, old age,
employment injury, family, maternity, invalidity and survivor. At least 3 of these benefits
shall be provided at the time of ratifying this convention. ILO shall be kept informed about it.
(A4.5.1, A4.5.2 and A4.5.10)
 These benefits shall complement the benefits provided in Reg. 4.1 (medical care) and in
Reg.4.2 (ship owner’s liability) as stated above. (A4.5.2)

Guidelines

 The minimum 3 benefits to be provided at the time of ratifying this convention, should be for
medical care, sickness and employment injury.
 The benefits stated above may be provided through insurance, bilateral and multilateral
agreements or CBA.
 State should provide social security to both its nationals and non-nationals serving on its
ships.
 The seafarers’ employment agreement should identify the means by which each benefit shall
be provided. This should include information regarding deduction from seafarers’ wages and
owner’s contribution.

TITLE 5 - COMPLIANCE AND ENFORCEMENT

5.1 - FLAG STATE RESPONSIBILITIES

5.1.1 - GENERAL PRINCIPLES

Mandatory

 Inspect and certify working and living conditions on its ships in compliance with this
convention.
 May authorise Recognised Organisations (RO) to perform the above functions but Flag State
shall remain fully responsible.
 Establish clear objectives and standards, and assessment procedures for inspection and
certification system.
 Ensure that its ships carry a copy of this convention.

Guidelines

Periodically consult the ship owners’ and seafarers’ organizations to attain the above objectives.

5.1.2 - AUTHORISATION OF RECOGNISED ORGANISATIONS

Mandatory

 List of ROs, the extent of authorization given to them for inspection and certification, and
arrangements made to ensure that these functions are effectively and completely carried out,
shall be reported to ILO.
 Before recognizing, review following aspects of RO :
 Competence and independence.
 Expertise and knowledge of ---
ship operations, minimum requirements of seafarers, conditions of employment,
accommodation, recreational facilities, food and catering, accident prevention, health
protection, medical care, welfare and social security protection.
 Ability to maintain and update expertise of its personnel.
 Knowledge of this convention, and applicable International and National laws.
 Appropriate size, structure, experience and capability.

Guidelines

 Determine the following aspects of RO :

  Adequate and qualified technical, managerial, support and professional staff.
 Adequate geographical coverage.
 Ability to provide timely and quality service.
 Independent and accountable in its operations.

 Conclude a written agreement with RO, which should include following elements :
 Scope, purpose and general conditions.
 Execution of and legal basis for functions to be performed by it.
 Reporting to the State and their supervision of its activities.
 Maintaining record of services performed.

 The above procedures should take into account the guidelines adopted by IMO for
authorization of ROs.

5.1.3 - MARITIME LABOUR CERTIFICATE AND DECLARATION OF

MARITIME LABOUR COMPLIANCE

Mandatory

 This regulation applies to ships of GT ≥ 500 tons engaged on International voyages.

 Flag State or RO shall issue to its ships Maritime Labour certificate valid for  5 years, and
Declaration of Maritime Labour Compliance.
 The Declaration shall contain the following data :
 List of matters to be inspected for issuing the above documents as given in Appendix to
the convention.
 National requirements for different ship-types for implementing this convention.
 Any exemption granted by Flag State.
 Measures adopted by ship owner to implement the National requirements.
 Any subsequent inspections or verifications carried out, deficiencies found and date when
rectified.

 Intermediate inspection of ship shall be carried out once every 2 to 3 years and certificate
shall be endorsed. Scope of this inspection shall be same as that for renewal inspection.
 If the renewal inspection is carried out within 3 months before expiry of the old certificate,
then the new certificate shall be valid for  5 years from the date of expiry. If the inspection
is carried out more than 3 months before expiry, then the new certificate shall be valid for  5
years from the date of inspection.
 Certificate shall cease to be valid under the following circumstances :
 Intermediate inspection is not carried out in time.
 Intermediate inspection is not endorsed on the certificate.
 Flag or owner of ship changes.
 Substantial changes are made to the ship’s structure or equipment.

 Flag State or RO may issue interim certificate valid for  6 months to a new ship or when the
Flag or the owner of the ship changes. During this period a full inspection shall be carried out
 for issuing full-term certificate. The interim certificate may not be extended and the
Declaration need not be issued.
 Format of all documents shall be as given in the Appendix to the convention.
 The certificate and declaration, with an English translation (if the ship is engaged on
International voyages), shall be posted on board, and shall be available to all concerned.

Guidelines

 Measures adopted by ship owner to implement the National requirements may make
reference to ISM Code or CSR required by SOLAS Convention.
 On change of Flag between member States, the former State should transmit the certificate
and declaration, alongwith inspection reports as applicable.

5.1.4 - INSPECTION AND ENFORCEMENT

Mandatory

 Flag State or RO shall inspect its ships on receiving complaint and ensure that the
deficiencies are rectified before departure. Source of complaint shall not be divulged. The
ship shall not be unreasonably detained or delayed. If it happens then compensation may be
payable for loss or damage suffered.
 Inspectors shall not be given duties which may interfere with inspection or prejudice their
authority or impartiality. They shall not have any direct or indirect interest in any ship
operation. Even after leaving service they shall not reveal any commercial secrets or
confidential working processes which come to their knowledge in the course of their duties.
 Flag State shall maintain records of all inspections and publish annual report.
 Adequate penalties shall be provided for breach of requirements of this convention or for
obstructing inspectors in performance of their duties.

Guidelines

 Establish simple procedures to receive information in confidence about breaches of this

convention presented by masters and seafarers, and requesting inspection.
 Inspectors should have ---
 Qualification and training to perform their duties.
 Maritime education or experience as seafarer.
 Adequate knowledge of seafarers’ working and living conditions, and English.
 Minimum powers to do the following :
 Board ship without prior notice. However he should inform Master and seafarers
when commencing inspection.
 Question Master, seafarer, ship owner or others, in presence of a witness that the
person may request.
 Require production of any document to verify compliance with the convention.
 Enforce posting of required notices.
  Take samples of cargo, water, provisions and materials used or handled, in presence
of ship owner and seafarer, and properly record the same.
 Immediately inform the ship owner and Master about deficiencies which may affect
the health and safety of seafarers.
 Alert the Flag State or RO about any deficiency which is not specifically covered by
existing laws, and submit proposal for improving the law.
 Notify Flag State about occupational injuries or diseases affecting seafarers.

 Annual report stated above should contain following information :

 List of laws in force and amendments made during the year.
 Details of inspecting organization.
 Statistics of following matters :
 Ships and other premises inspected.
 Seafarers.
 Violations, penalties imposed and detention of ships.
 Occupational injuries and diseases of seafarers.

5.1.5 - ON-BOARD COMPLAINT PROCEDURES

Mandatory

 Establish on-board procedures for fair, effective and expeditious handling of seafarers’
complaints alleging breaches of the convention. (R5.1.5.4)
 Prohibit and penalize any victimization of seafarer filing complaint. (R5.1.5.2)
 This does not affect the seafarer’s right to seek legal redressal. (R5.1.5.3)
 On-board complaint procedures shall include following : (A5.1.5.2, A5.1.5.3 and A5.1.5.4)
 Right of seafarer to complain directly to Master or external authorities.
 His right to be represented when filing complaint.
 Safeguard from victimization.
 Supply a copy of procedure applicable to the ship, to all seafarers.
 Supply information to contact shore authorities, and name of persons on ship who can
provide confidential and impartial advice to follow the procedure.

Guidelines

 Develop on-board complaint procedures in consultation with ship owner’s and seafarers’
organizations, by considering the following matters :
 Complaint may be against Master or a person to whom complaint is to be made.
 Nominate a person to advise seafarer on procedures, and to be present at the hearing.
 The procedure should be as follows :
 Complaint should be addressed to head of department of seafarer or his superior officer,
who should try to resolve it within appropriate time limit.
 If complaint cannot be resolved, then the seafarer may refer it to the Master.
 Seafarer has the right to be accompanied and represented by another seafarer on board of
his choice.
 All complaints, and decisions on them, should be recorded and a copy given to the
seafarer.
 If complaint cannot be resolved on board, the matter should be referred to ship owner
who should be given appropriate time limit for resolving it.
 Seafarer has right to file complaint directly to Master, ship owner and Flag State.

5.1.6 - MARINE CASUALTIES

Mandatory

 Flag State shall hold an inquiry into casualty leading to injury or loss of life.
 Report of inquiry shall be made public.
 All States shall cooperate to facilitate the investigation.

5.2 - PORT STATE RESPONSIBILITIES

5.2.1 - INSPECTIONS IN PORT

Mandatory

 Inspect any foreign ship on the basis of effective Port State inspection and monitoring
system, to ensure compliance with the convention, except Code B. (R5.2.1.1, R5.2.1.3 and
R5.2.1.4)
 Accept the certificate and Declaration as prima facie evidence of compliance with the
convention. (R5.2.1.2)
 Carry-out more detailed inspection under following circumstances : (A5.2.1.1 and A5.2.1.3)
 The required documents are not valid, are not produced, are falsely maintained, or do not
contain required information.
 There are clear grounds for believing that the working and living conditions on ship do
not conform to the convention.
 There are reasonable grounds to believe that the ship has changed flag to avoid
compliance with the convention.
 There is a complaint from a seafarer, professional body, association, trade union or any
person having an interest in the safety of the ship or seafarer. In such a case the inspection
shall be limited to matters within the scope of complaint.

 Detailed inspection shall cover matters listed in the Appendix. (A5.2.1.2)

 If the conditions on board are clearly hazardous to safety, health or security of seafarers, or
there is serious breach of the convention then take following actions : (A5.2.1.4, 5.2.1.6 and
A5.2.1.8)
 Inform the Master and detain the ship till the deficiencies are rectified.
 Inform ship owners’ and seafarers’ organizations at the port, Flag State, ILO and next port
of call if necessary.
 Do not unduly delay or detain the ship. Compensation shall be payable for any loss or
damage suffered.

Guidelines

Develop a policy for above inspections and for detention, and make it public.

5.2.2 - ONSHORE SEAFARER COMPLAINT HANDLING PROCEDURE

Mandatory

On receipt of complaint, take following steps : (A5.2.2)

 Conduct initial investigation.
 Ensure that on-board complaint procedure has been explored.
 May conduct detailed inspection, limited to matters within scope of the complaint. (A5.2.1.3)
 If the complaint has not been resolved by on-board procedure, and inspection reveals non-
conformity, then detain the ship or consult the Flag State depending on seriousness of
deficiency.
 Report unresolved complaints to ILO and ship owners’ and seafarers’ organizations in port.
 Safeguard confidentiality of complaint by seafarer.

Guidelines

 If the complaint is of general nature then detailed inspection should be carried out.
 If complaint relates to individual case then on-board procedure should first be explored
before considering complaint ashore.
 While investigating the complaint, the Master, owner or any other person involved should be
allowed to submit their views.

5.3 - LABOUR-SUPPLYING RESPONSIBILITIES

Mandatory
Labour-supplying States should establish effective inspection and monitoring system for
regulating seafarers’ recruiting and placement services and for enforcing social security
requirements.

APPENDIX

Following matters relating to working and living conditions shall be inspected by Flag State
before issuing the Maritime Labour Certificate to the ship, and the same shall be included in the
Declaration of Maritime Labour Compliance. These matters may also be subject to detailed
inspection by Port State.

1. Minimum age.
2. Medical certification.
3. Qualifications of seafarers.
4. Employment agreements.
5. Use of licensed private recruitment and placement service.
6. Hours of work or rest.
7. Manning levels.
8. Accommodation.
9. Recreational facilities.
10. Food and catering.
11. Health, safety and accident prevention.
12. Medical care.
13. Complaint procedures.
14. Payment of wages.