Technical Circular No: 041/2022
Download PDF1. A11 vessels are required to be manned as per the manning scale specified for each vessels provided in the Minimum Safe Manning Document (MDMD) issued to the vessel.
2. Vessels may be issued with single MSMD or multiple MSMD. Vessels having multiple MSMDs are required to use the applicable MSMD for the trade in which the vessel is deployed. While switching between trades having different MSMD requirements, the master of the vessel is required to make a suitable entry in the Official Logbook of the vessel which will be evidence of the MSMD in use.
3. A vessel waiting for employment, or solely trading within the limits of the port or adjacent ports within overlapping port limits, may change over to harbour MSMD while the vessel is within the notified port limits. However, if a vessel during the course of its employment enters or waits within harbour limits, such vessels are not permitted to change its manning requirements to harbour MSMD.
4. Noting that some vessels operate without the requisite manning in violation of the MSMD issued to the vessels, as a deterrence towards WILFUL violation of MSMD requirements, Indian Administration, vide DGS Order No. 14 of 2022, has informed that the following provisions will apply to such vessels:
a. Any Indian flag vessel found willfully violating the MSMD requirements in Indian waters will be DETAINED for the period of up to one month.
b. Any violation of statutory requirement should not result in the company benefiting from the violation. Accordingly, the wages saved during the period of violation of MSMD requirement will required to be paid to the Central Government, through Bharat Kosh payment system.
c. As the gross wages includes basic wages and various allowances which could be variable, the amount to be paid to the Government is to be determined on the basis of the highest BASIC WAGES specified as per the latest INSA-MUI agreement in respect of officers and NMB agreement in respect of crew members in the particular grade which was short manned. Accordingly, three times the highest BASIC WAGES for the period vessel was short manned will required to be paid to Central Government through Bharat kosh payment system.
d. Furthermore, the vessel will need to pay the fee of INR 8,00,000/- as per principles provided at section 25 of the Annexure to D. G. Shipping Circular No. 13 of 2010 pertaining to Fees for miscellaneous survey and inspections carried out by Government Surveyors as operation of such ships in violation of MSMD requirements make the ship unseaworthy.
e. The master/owner/operator/charterer may also be prosecuted under the relevant provisions of statute.
5. Vessels granted dispensation with respect to MSMD requirements by the Directorate General of Shipping will NOT be considered as violation of MSMD requirements.
6. The provisions as per above paragraph 5 will only be implemented on the decision of the Principal Officer of the jurisdictional Mercantile Marine Department. A party aggrieved by the decision of the Principal Officer may appeal against the same to the Director General of Shipping.
7. Ship Owners/ operators and masters of Indian flagged ships are advised to be guided by above.
Enclosure:
Disclaimer:
This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.