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SEAMEN'S EMPLOYMENT OFFICES
CHAPTER 20
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The Government
of India have set up Seamen's employment offices in Mumbai and
Calcutta, the major ports for regulating recruitment of seamen
in India, in march 1954 and January 1955 respectively. Although
the Seamen's Employment Scheme was originally intended to cover
the employment of Indian seamen only on foreign going ships,
it was extended later to Home Trade seamen at Mumbai in the
year 1957 and in Calcutta in the year 1960.
(a) Laying down,
streamlining the procedure for recruitment of seamen and ensuring
procedures thereon.
(b) Equitable distribution of available volume of employment among
the effective seamen on principles of:
i. Rotation
according to the date of last dischargeii. Reasonable choice
to shipowners in the selection of their crew.iii..Reasonable
freedom to seamen to refuse a particular ship for particular
reason so that:-
a) seafarer has a direct approach to his job and retain all
his rightful dues; b) A shipowners gets the right
man for the job;iv. to attend to matters relating to promotion
of seamen or charge of their categories;v. to maintain registers
of seamen in respect of various categories prescribed under
the rules;vi. to process the registration of seamen and issue
of registration books andvii. to attend to cancellation of registration
of seamen on the following grounds;
a) Retirement on attaining
the age of superannuation (60) years or voluntary retirement
on attaining 50 years of age;
b) On being declared permanently
unfit or seamen's own request;
c) Death;
d) Disciplinary grounds
- as recommended by the Disciplinary Sub-Committee of the
S.E.B.
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No charge is
being levied by the Seamen's Employment Office for doing the
service in regard to the supply of seamen either on the seamen
or on the shipowners.
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There is a
Seamen's Employment board at the port of Mumbai and Calcutta.
The Seamen's Employment Board at Mumbai is headed by the Director
General of shipping, while at Calcutta it is headed by the Principal
Officer, Mercantile marine Department, Calcutta. Besides the
Government nominees the shipowners and seafarers are the members
of the Seamen's Employment Board. This is a policy making body
relating to the seamen's employment Offices and gives direction
for the smooth functioning of these offices. It prescribes guidelines
for compassionate appointment of seamen, procedure regarding
recruitment and selection of seamen, prescribing education and
age criteria for entering into seafaring profession etc.
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The conditions
of service including level of wages for different categories
of seamen are negotiated between the shipowners wanting to engage
Indian seamen in accordance with M.S. Act and Unions of seamen
bilaterally under the umbrella of National Maritime Board which
consists of representatives of Shipowners and seafarers. One
of the important features of the agreement is that the companies
having company roster should implement decasualisation scheme
under which the seamen on their roster will retain their work
force and there would be a system of payment not only on board
ships but even during leave period ashore at specified rate
which amount to the seamen being paid through out by their respective
companies themselves. The existing National Maritime Board Agreement
governing the interest of shipowners and seafarers specify that
the companies who maintain the company roster should necessarily
opt for the above said scheme which is otherwise called Retainer
Scheme. During the period under report the Government after
examining all the aspects involved therein approved continuation
of the Retainer Scheme until further orders.
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The conditions
of service including level of wages for different categories
of seamen are negotiated between the shipowners and the Unions
of the Seafarers' bilaterally under the umbrella of National
Maritime Board, which consists of representatives of both sides.
The agreement is entered into every two years. The agreement
concluded in April 1990 stipulated that those Companies having
company rosters would implement decasualisation scheme under
which seamen on their rosters will remain in the work force
of the respective companies and there would be a system of payment
not only on board ships but even during leave period ashore
at specified rates, which amounts to the seamen being paid through
out by the companies.
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The decasualisation
system or the retainer scheme as it is known was discussed in
the 52nd meeting of the Seamen's Employment Board (Foreign Going),
Bombay which strongly recommended that the D G Shipping may
issue statuary orders invoking provisions of Section 456 of
the M.S. Act, 1958 to exempt company roster seamen from the
specific provisions of the M.S. (Seamen's Employment Offices)
Rules, 1986 subject to fulfillment of some conditions.
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Taking all
the above circumstances into account, D G Shipping accepted
the recommendation of the Board and issued SEO Order No. 32,
dated 12.11.1992 exempting some Shipping companies having their
roster from going through the SEO for selection and recruitment
of crew for a period of one year. Later on the Ministry of Surface
Transport has granted permission for continuation of the Retainer
Scheme until further orders. There is a proposal to amend Section
95(2), which provided that the seamen should be supplied by
Seamen's Employment Office. The amendment of the Section would
give the statuary backing to the retainer scheme or decasualisation
scheme.
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With
the introduction of decasualisation scheme the Shipping Companies
or group of Shipping Companies who are having their company
rosters of seamen would be monitoring the system of sending
calls to the seamen for selection, making the selection and
preparing a list of selected seamen for placing on board ship
which hitherto was required to be done by the Seamen's Employment
Offices.
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