RPS RULES – SEMESTER 1

Case Studies:-

1) 14 Indians are stuck off a UAE port on four merchant ships without access to food, fresh water
and other necessities for four months now. They have not even been paid their due salaries since
they were recruited and now their survival is on the line with the shortage of fuel and ration.

2) About 100 Indian sailors aboard 22 ships have been stranded in UAE waters and have sought the
help of the Indian Consulate General in Dubai, according to a media report.

3) Sailors XXX from & XXX had joined the merchant navy with a lot of hope. Their families had
borrowed heavily to realise the dreams of their wards, hoping that their career will bring them the
much sought after prosperity. However, lured by manpower agents, these youngsters have now
landed in two dead ships without any salary or other benefits.

Numerous such cases were reported to the Government where Seafarers were
stranded on ships in sub-standard conditions.

Roots of many such incidents lies in the background/history behind the existence of
these companies who survived on dubious certification and authorization. Companies
charged money to the seafarers for providing them employment on ships. Seafarers
joined the companies as they were desperate to join ships because of one reason or
the other.

Things improved when these cases were reported to the Govt. Of India and
government taking appropriate actions against these companies.

India sets up communication centre for stranded sailors

In a bid to stop the exploitation of Indian sailors in the UAE waters, the Indian government has established
a new center, aiming to receive the grievances and issues of stranded seafarers.

The decision for the Directorate General of Shipping Communication Centre (DGCOM) was taken by the
government, in the light of the high number of Indian seafarers stranded in UAE, in recent months.

The Directorate General of Shipping was quoted as stating that several cases were being reported of
Indian seafarers being stranded at foreign ports, working on foreign flagships, with non-payment of wages
for months, non-availability of provisions onboard, etc.

Anyone informed of such cases should indicate them to the DGS Communication Centre, along with the
details of the ship and IMO number, port at which the ship is anchored or its next port of call, name and
INDoS number of the seafarers, name of RPS, name of the shipping company or any other relevant
information. The center will then address the issue, cooperating with relevant authorities.
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India Blacklists Two UAE Companies for Abandoning Seafarers

The companies in question are shipping and management firm XXXX and M/s XXXX, the
Directorate General of Shipping said in a circular on Monday.

The decision was prompted after Indian seafarers were left stranded in Dubai for 22 months on
board eight ships.

The directorate said that seafarers were unpaid for months and hadn’t been repatriated after their
contract completion. However, despite these issues being public, the companies in question
continue to recruit Indian seafarers and several recruitment agencies have been found to have
deployed seafarers to these vessels.

SEAMENS EMPLOYMENT OFFICE

The Seamen Employment Offices at Mumbai, Kolkata and Chennai are established under section 12 of M.S.
Act 1958 to regulate the employment of seamen

The SEO is headed by the Director and supported by the Dy. Director, Asstt. Director and other staff. This
office functions directly under the administrative control of the respective MMD (HQ).

Details of all SEOs is provided on DG Shipping website.

DEFINITIONS IN RPS RULES

a) “Act” means the Merchant Shipping Act, 1958 (44 of 1958);

(b) “Advisory board” means the advisory board or other authority constituted by the Central Government
under clause (a) of sub-section (3) of section 95 of the Act;
(c) “Director” means the Director of the seamen’s employment office concerned or any other officer
authorised by the Director-General in this behalf;
(d) “Director-General” means the “Director-General of Shipping” appointed under section 7 of the Act;
(e) “employer” means any person, who has assumed the responsibility of employing seafarers for himself
or for any other person in respect of a ship and who has agreed to take over all such duties and
responsibilities;
(f) “Form” means a Form appended to these rules;
(g) “inspecting authority” means any officer subordinate to the Director-General or any other person or
body of persons professionally competent to carry out inspection under rule 3 and authorised by the
Director-General in this behalf;
(h) “licence” means the recruitment and placement service licence issued under rule 4;
(i) “ship owner” means the owner of a ship or any organisation or any person such as manager, agent or
bareboat charterer, who or which has assumed the responsibility for operation of the ship from such
owner and who or which on assuming such responsibilities had agreed to take over all the duties and
responsibilities as such owner.

MASTER – includes any person (except a pilot or harbor master) having command or charge of a ship.

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SEAMAN – means every person (except a master, pilot or apprentice) employed or engaged as a member
of the crew of a ship under this Act.

PURPOSE OF RPS RULES

1. To control the recruitment and placement of seafarers by issuing Licenses to RPS Agencies.
2. To maintain the transparency and record of agencies and their respective Principals.
3. To ensure that no crew can make fake experiences of principal and appear for exams in the
country.
4. In case of any injustice done to crew from on account of Principals, like salary not paid, or any type
harassment in such cases government can hold authorized agencies responsible and can take
necessary action on agencies.
5. To repatriate Seafarer to his home in case the Ship owner files for bankruptcy.
6. To ensure that sub graded and un- professional agencies will be eliminated.
7. To improve the quality of Professionals and quality of Shipping companies so that entire shipping
fraternity can benefit.

BENEFITS TO SEAFARERS AS PER RPS RULES

1. Legal support in case of mis-happening.

2. Recruitment from genuine agency.
3. Able to appear for exams in India.
4. Seafarer is informed of his rights and duties under employment contract or agreement prior to
placement.
5. Repatriation of Seafarer/ his mortal remains to his home is ensured in event of being
stranded/death.
6. Right to privacy of seafarer (i.e. his data ) is ensured .
7. Seafarer pays no fee for recruitment or employment.
8. Grievance of seafarers is properly addressed by a defined mechanism.
9. Seafarer has no discrimination on the basis of place of CDC issued or Union membership etc.

RESPONSIBILITIES OF EMPLOYER AS PER RPS RULES

1. Acknowledge application of seafarers with proper name and license number mentioned.
2. Display of RPS License at premises.
3. To inform seafarers of his rights and duties before asking him to sign the contract.
4. To provide a signed copy of contract to seafarer.
5. To set up a proper Grievance Redressal mechanism for seafarer.
6. In case of death/disability of seafarer, inform the Next of kin within 48 hrs of the incident.
7. To have a repatriation clause in contract between Agency and Ship owner.
8. To maintain confidentiality of Seafarer data.
9. Not to charge fee from Seafarer for recruitment or employment.

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10. To maintain management and staff adequately trained for providing services of placement.
11. To maintain record of all the seafarers placed.
12. To submit seafarers placement data to Shipping Employment Offices as per the norms advised.
13. To ensure that seafarers recruited are in possession of valid documents.
14. NOT to do anything which a intention to deters a seafarer from joining the ship.

RIGHTS AND RESPONSIBILITIES OF SEAFARER AS PER RPS RULES

Responsibilities

1. Seafarers to seek placement from Registered Recruitment and placement agencies only.
2. To engage in Lawful work under a valid contract with Employer.
3. Cost of the requisite medical examination or requisite certificates or passport or visa or continuous
discharge certificate shall be borne by the seafarer.
4. To fully understand the contract before signing.
5. To keep a copy of contract with him during the tenure of work.

Rights

1. To receive a acknowledgement by the employer mentioning the employers name and RPS Number.
2. To receive a copy of contract agreement.
3. To understand clearly the rights and duties mentioned in the contract before signing.
4. To be repatriated to home in case of completion of contract / as agreed.
5. The family to be informed within 48 hrs in case of incident involving death/disability.

SECTION -101 –MS ACT – (FORM AND CONTENT OF THE AGREEMENTS)

ARTICLES OF AGREEMENT (AOA) : INDIAN SHIPS

Agreement should be in prescribed form (DGS ORDER 7 OF 2002)
• Agreement should contain
– Name of ship
– Period of Engagement
– Total No. of crew of different categories in each department.
– Capacity in which seamen is to serve
– The amount of wages
– The scale of provisions.
– The scale of warm clothing and additional provisions.
– Regulations as to conduct on board.
– Compensation in case of personal injury or death.
– Any other matters as prescribed.
–
IMPORTANCE OF AOA FOR SEAFARERS
1. AOA is a legal document which states employment of seaman legally.

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2. Payment of wages is as per AOA and it cannot be less than mentioned in it.
3. In case of dispute between SEAMAN and SHIP OWNER, AOA becomes the legal document to resolve
the issue.

RESPONSIBILITY OF EMPLOYER AS PER ARTICLES OF AGREEMENT

1. This agreement between employer/employer’s agent and the seafarer .
2. Seafarer to be employed to serve in capacity as mentioned in AOA.
3. Seafarer to be paid wages not less than CBA (Collective Bargaining Agreement) and as mentioned in
AOA.
4. Seafarer to be supplied with provisions not less than what is provided in the scale of provision as
per MS Act or as per CBA, whichever is higher.
5. Other obligations of employer shall be governed by CBA, ILO conventions ratified by India, MS Act
1958, rules/circulars/notices/orders thereafter issued except specifically mentioned in DGS order 7
of 2002.

RESPONSIBILITY OF SEAFARER AS PER ARTICLES OF AGREEMENT

1. Seafarer should keep himself healthy and fit to work for which he is engaged.
2. Seafarer should not be absent without leave at the time fixed for sailing.
3. Seafarer should not involve in a task which may endanger the safety of vessel, cargo or any person
onboard.
4. Seafarers rights & duties shall be governed by by CBA, ILO conventions ratified by India, MS Act
1958, rules/circulars/notices/orders thereafter issued except specifically mentioned in DGS order 7 of
2002.

The five original and three photocopies will ultimately remain with persons/bodies as detailed below:
.1 Master on board the ship - 1/5
.2 Seafarer - 2/5
.3 Shipping Master (on concluding employment and settlement of wages) - 3/5
.4 Employer/employer’s agent - photocopy of 3/5 and - 4/5
.5 Shipping Master on commencing employment - 5/5
.6 SPFO (Seamen’s Provident Fund Orgn.) on concluding employment-Photocopy - 3/5
.7 SWFS (Seafarers’ Welfare Fund Society) on concluding employment-Photocopy - 3/5
.8 Employer/Employer’s Agent-Photocopy - 3/5

In relation to an individual seaman, this agreement may be terminated -

.1 by mutual consent;
.2 if medical evidence indicates that a seaman is incapable of continuing to perform his
duties by reason of illness or injury;
.3 if a seaman is absent without leave at a time fixed for sailing; or
.4 if in the opinion of the master, continued employment of the seaman is likely to
endanger the vessel or any person on board.

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ARTICLES OF AGREEMENT (FOREIGN SHIPS) :

Articles of Agreement on Foreign Flag Ships also contain elements as per ILO convention C022-
Seafarer Articles of Agreement or MLC Convention,2006 as the case may be.

Foreign AOA outlines the terms and conditions for seafarers to work on a Foreign ship under the Maritime
Labour Convention 2006 (MLC 2006), having due regard to seafarers rights to fair terms of employment,
decent working and living conditions, elimination of fatigue amongst seafarers and the safety of life, ship
and cargo and protection of the environment.

It applies to any person who is employed or engaged or works in any capacity on board Foreign registered
ship.

The shipowner shall ensure that every seafarer whom he employs or engages shall enter into a seafarer
employment agreement.

The seafarer employment agreement shall be signed by both the seafarer and the shipowner or a
representative of the shipowner.
In the event that the seafarer is not directly employed by the shipowner, there shall be documentary
evidence of contractual or similar arrangements to provide decent working and living conditions on board
ship.

The seafarers’ employment agreement shall contain at least the following particulars:
a) the seafarer’s full name, date of birth or age, and birthplace;
b) the shipowner’s name and address;
c) the place and date when the seafarers’ employment agreement is entered into;
d) the capacity in which the seafarer is to be employed;
e) the amount of the seafarer’s wages or,
f) the amount of paid annual leave, or where applicable, the formula used for calculating it;
g) the termination of the agreement and the conditions thereof

Foreign Article of Agreement

The requirements in relation to an Article of Agreement as listed in this Section may be incorporated into
the seafarer contract of employment signed by the shipowner and the seafarer.

The Article of Agreement shall also contain the following information:

i) Name of the ship, IMO No., Official No., GRT and Propulsion power of the ship,
ii) Description of the voyage (Seagoing/coastal/Worldwide)
iii) Any regulation or requirement as to:
 the conduct onboard,
 Drug and alcohol policy.

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 Possession of dangerous or offensive weapon or instrument,

 Absence without leave or desertion,
 Obedience to any lawful command and as to fines or other lawful punishment for misconduct as
approved in accordance with Bahamian law.

The Master should include an obligation for the seafarer to be duly qualified for the assigned shipboard
duty and the action that will be taken relating to any mis-representation.

A legible copy of the Article of Agreement without signatures and with a list of person under 18 years of
age shall be made accessible to all seafarers.

In case of an electronic copy, the Flagstate may accept the Article of Agreement being maintained in an
electronic form subject to the seafarer being advised of the changes and any changes being recorded with
details of the change, date of change and details of the person making the change.

RELEVANCE OF RPS RULES ON FOREIGN SHIPS

1. Details of employer/shipowners are maintained by RPS Agencies.

2. Form IV submitted by RPS to SEO contains seafarers employed FLAGWISE & OWNERWISE.
3. Copy of agreement between RPS & employer/ship-owner along with original is verified by Director
before issuing RPS License.
4. Copy of employment contract between employer and seafarer is also verified before issuing RPS
License.
5. Repatriation clause is must for stranded seafarer, his maintenance & transport of his mortal
remains in case of death.
6. RPS agencies to ensure that seafarers are properly covered under insurance.
7. S. No. 3,4,5 are also rechecked when the license is renewed.

1) Comment on the Indian Merchant Fleet and Indian Trade with Foreign Countries.

On the eve of Independence , total Indian shipping tonnage was approx 1.92 lakh tonnes which saw a
gradual and steady increase. The Indian merchant fleet saw a growth such that the Total GRT was 94.8
million tonnes by the end of year 2009. (as per latest data available at Ministry of Statistical Data). Total
No. Of Coastal vessels was 662 in number. The overseas vessels were 312 nos.

Foreign Trade (Exports from India)

Export Goods consists mainly of software, petrochemicals, agriculture products, jewellery, engineering
goods, textiles, pharmaceuticals, chemicals, ores and certain other commodities. They are mainly exported
to European Union, United States, United Arab Emirates, China and Singapore.

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As per the World Shipping Council India Stands 11th in trade of Containerised cargo but it is far behind in
terms of values. While China on No.1 exported 31.3 million TEUs, India exported only 1.9 million TEUs.

Foreign Trade (India Imports)

Imported goods mainly consist of Crude Oil, Gold & precious stones, Engineering goods, electronics,
chemicals, plastics, coal and ores, iron and steel, vegetable oil and other commodities. The goods are
mainly imported from China, European Union, Saudi Arabia, United Arab Emirates, and Switzerland.

2) Describe the Post Independence growth of Indian Shipping including Indian Ports.

India currently ranks 16th among maritime countries, with a coastline of about 7,517 km. Around 95 per
cent of India's trade by volume and 70 per cent by value takes place through maritime transport, according
to the Ministry of Shipping.

Indian Shiping has seen a steady growth since independence.

No. Of Ships/ GRT : On the eve of Independence , total Indian shipping tonnage was approx 1.92 lakh
tonnes which saw a gradual and steady increase. The Indian merchant fleet saw a growth such that the
Total GRT was 94.8 million tonnes by the end of year 2009. (as per latest data available at Ministry of
Statistical Data). Total No. Of Coastal vessels was 662 in number. The overseas vessels were 312 nos.

Ports in India : India has 13 major ports and about 200 non-major ports. Cargo traffic, which was 911.5
million metric tonnes (MMT) in 2012 is expected to reach 1,758 MMT by 2017.

Coastal Shipping : The government approved the Sagarmala project, which envisages port-led development
at the 12 major ports as well as 1,208 islands identified for development as part of the project. It focuses
on development of Coastal Shipping in India.

Inland Waterways : Waterways have a meagre share of 0.3% in India as compared to 42% in Netherlands,
16% in China and over 7% in USA. Indian government has identified 5 National Waterways to develop
inland waterways. The government has also appointed consultants to submit detailed project reports on
55 rivers out of 101 rivers to develop inland waterways extensively in India.

Aids to Navigation : Since Independence, India has made rapid growth in aids to Marine Navigation. From
17 Lighthouses prior to Independence, the present strength of aids to Navigation consists of 171
Lighthouses, one Lightship, one Loran-C Chain Stations, 59 Racons, 21 Deep Sea Lighted Buoys 01 wreck
making and 22 installations under Differential Global Positioning System (DGPS).

Maritime Training : The Director General of Shipping is responsible for creation of the trained manpower
required for the merchant navy fleet of the country. This national obligation is being met through the

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Government training institutes and a number of other approved training institutes in the private sector.
The importance of organized training was recognised in the year 1927 when the Training Ship "Dufferin"
was established.
T.S. Rajindra, T.S. Chanakya did great jobs in their tenure too. The latest development in Maritime training
is establishment of INDIAN MARITIME UNIVERSITY, in 2008 as a Central University and is poised to play a
key role in the development of trained human resource for the maritime sector.

The National Maritime Agenda 2010–2020 is an initiative of the Ministry of Shipping to outline the
framework for the development of the port sector. The agenda also suggests policy-related initiatives to
better the operating efficiency and competitiveness of ports in the country.

The current Indian Merchant Shipping Fleet as per Ministry of Statistics Data, the latest data available is of
2009.

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