M.S. Notice 13 of 2005
Sub: Marine casualties and incidents involving Indian citizens on board foreign flag vessels – reporting thereof
Whereas the Merchant Shipping Notice No.26 of 2002 dt. 25.10.2002 prescribes procedure for all Indian shipping companies and recruiting agents of Indian seafarers to provide the information on marine casualties involving Indian nationals and to report such incidents to the Director General of Shipping at the earliest opportunity, but, not later than 72 hours from the date of occurrence of casuality in a prescribed format.
This is in view of the fact that Article 94, Article 97 of the United Nation's Conventioin on Laws of the Sea (UNCLOS), Regulation 1/5 of the STCW 95 provides for the responsibilities on the Maritime Administration to carry out investigation of marine casualty.
Accordingly the shipping companies and recruiting agents of Indian seafarers employing Indian nationals are required to report the marine casualties to the Indian Administration at the earliest in order to enable to carry out the casualty investigation and determine the reasons for the same.
However, despite issue of directions this Directorate has received several instances where the shipping companies and the recruiting agents of the Indian seafarers have not reported the recent instances of marine casualties involving Indian citizen on board Indian and foreign flag vessels.
Accordingly, the Director General of Shipping and Secretary to the Govt. of India, hereby, directs all the Indian Shipping companies and recruiting agents of the Indian seafarers to ensure that all instances of marine casualties/incidents involving Indian nationals on board Indian and foreign flag vessels are reported to the Directorate General of Shipping in the enclosed format within 48 hours from the time of occurrence of the incident and the information to be forwarded to the Directorate on fax(91-22-2613655) and E-mail: firstname.lastname@example.org. A copy of the report shall also be forwarded to ISPS Communication Centre which is accessible 24 hours X 7 days on fax No.91-22-22613636 and e-mail email@example.com and firstname.lastname@example.org .
Further, a detailed report of the incident to be forwarded to the Directorate, giving the details on the casualty/incident, progress of investigation, details on the information given to the next of kin of the affected seafarer and details of the action taken by the company to assist affected seafarer and the family in the format enclosed herewith.
Also, a copy of the investigation report into the marine casualty to be obtained from the respective flag state or the coastal state within whose territorial waters the casualty has occurred and is to be submitted to the Directorate immediately.
Accordingly, the Director General of Shipping and Secretary to the Govt. of India hereby, directs all the shipping companies and the recruiting agents of the Indian seafarers to ensure the above guidelines are strictly followed and that non-compliance shall be viewed seriously and necessary penal action will be taken under the relevant provisions of the M.S.Act.
REPORT ON MARINE CASUALTY
1. Name of seafarer involved in marine Casualty/incident :
2. Sex :
3. Age :
4. Date of Birth :
5. CDC No.:
6. COC details, where applicable :
7. Next-of-kin details :
(a) Name :
(c ) Address, Tel.No. and E-mail address :
(d) Date of intimation to next of kin :
Nature of accident/incident
Damages/casualties suffered :
9. Details of ship involved in marine casualty/incident :
(a) Name of Ship and Official No. :
(b) Tonnage :
(c ) Location of ship :
(d) Flag :
(e) Coastal state(s) involved :
(f) Name of P&I club :
(g) Name of Captain :
(h) Details of owner :
10. Details of recruitment and placement service in India
(a) Name :
(b) Address, Tel.No. and E-mail/ Fax address :
( c) License No. :
(d )Name and details of Managing Director/Promoters :