MS Act 58Chapter V · Seafarers
Section 58 · Duties of shipping master, director and seafarer?s welfare officer
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(1) It shall be the duty of
the shipping master to---
(a) monitor and facilitate the engagement and discharge of seafarers in the manner provided under this Act;
(b) provide means for securing the presence onboard at the proper times of seafarers who are so engaged;
(c) grant such continuous discharge certificate and seafarer's identity documents in such form and manner as may be prescribed;
(d) hear and decide disputes between a master, ship owner or his agent and any of the seafarers;
(e) transmit the complaint of any dispute arising in the territorial waters of India, of a foreign seafarer with the master, ship owner or his agent in respect of a vessel registered in a State other than India, to the competent authority of the country of registration and a copy of such complaint shall be forwarded to the Director-General, International Labour Organisation Office.
(2) It shall be the duty of the director to---
(a) grant licence subject to such conditions as may be prescribed, regulate and control the recruitment and placement service and,---
(i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the ship owner;
(ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and
(iii) to maintain registers of seafarers in respect of the categories of seafarers;
(b) inspect and verify the books of account and financial documents of the recruitment and placement service provider and maritime training institute approved under this Act as and when directed by the Director-General;
(c) perform such duties of the shipping master as the Director-General may by order direct.
(3) It shall be the duty of the seafarer's welfare officer---
(a) in the case of any officer appointed at any port in India, to perform such functions in relation to welfare of seafarers as may be assigned to him by the Central Government;
(b) in the case of any officer appointed at any port outside India, to perform such functions in relation to welfare of seafarers and such functions of an Indian ambassador as may be assigned to him by the Central Government and such functions shall have the same effect as if they had been performed by an Indian ambassador for the purposes of this Part.
(4) The shipping master or the director or the seafarer's welfare officer shall also perform such other duties as the Central Government may, by general or special order, specify in this behalf.
(a) monitor and facilitate the engagement and discharge of seafarers in the manner provided under this Act;
(b) provide means for securing the presence onboard at the proper times of seafarers who are so engaged;
(c) grant such continuous discharge certificate and seafarer's identity documents in such form and manner as may be prescribed;
(d) hear and decide disputes between a master, ship owner or his agent and any of the seafarers;
(e) transmit the complaint of any dispute arising in the territorial waters of India, of a foreign seafarer with the master, ship owner or his agent in respect of a vessel registered in a State other than India, to the competent authority of the country of registration and a copy of such complaint shall be forwarded to the Director-General, International Labour Organisation Office.
(2) It shall be the duty of the director to---
(a) grant licence subject to such conditions as may be prescribed, regulate and control the recruitment and placement service and,---
(i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the ship owner;
(ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and
(iii) to maintain registers of seafarers in respect of the categories of seafarers;
(b) inspect and verify the books of account and financial documents of the recruitment and placement service provider and maritime training institute approved under this Act as and when directed by the Director-General;
(c) perform such duties of the shipping master as the Director-General may by order direct.
(3) It shall be the duty of the seafarer's welfare officer---
(a) in the case of any officer appointed at any port in India, to perform such functions in relation to welfare of seafarers as may be assigned to him by the Central Government;
(b) in the case of any officer appointed at any port outside India, to perform such functions in relation to welfare of seafarers and such functions of an Indian ambassador as may be assigned to him by the Central Government and such functions shall have the same effect as if they had been performed by an Indian ambassador for the purposes of this Part.
(4) The shipping master or the director or the seafarer's welfare officer shall also perform such other duties as the Central Government may, by general or special order, specify in this behalf.
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