M.S. Notice 03 of 2003
|
No. 43(7)CR/2000-VI. |
Date : January 29,
2003 |
|
Sub: Removal of endorsement on CDCs - Limiting of age to 60 years |
|
|
1. The seafarers and the shipping companies have represented that
the restriction of validity of the Continuous Discharge Certificate-cum-Seafarers
Identity Document (CDC) to 60 years of age by the Shipping Masters has
resulted in seafarers losing employment opportunities. 2. On examination of the relevant rules it is noticed that M S (CDC)
Rules, 2001 do not stipulate maximum age upto which the seafarer can be
in possession of CDC. Similarly, Merchant Shipping (Standards of Training
Certification and Watch keeping for Seafarers) Rules, 1998 also does not
place any restriction in this regard. However, Seamen's Employment Office
Order No. 26 dated 3.11.1983 prescribed the retirement age of the person
from seafaring profession at 60 yrs. This rule also provided discretion
to the Director, Seamen's Employment Office, to permit employment of seamen
over 60 years of age, but not exceeding 65, provided the shipowner accepted
the engagement of the seaman and the prescribed medical authority declared
him 'Fit', prior to engagement. This rule was applicable during the period
when all seamen were employed through Rosters maintained by the Seamen's
Employment Offices (SEO). From September 1997 this procedure has been
dis-continued and shipping companies could employ any qualified seafarer
from the open market and no constraints were placed by the administration
through SEOs. The DGS Order No. 1 of 2001 dated 27.03.2001 laid down specific
guidelines in this regard and as a result the SEO Order 26 is no longer
applicable. 3. Vide circular No.8-NT(1)/2000 dated 2.11.2002, Indian Officer serving
on Indian Ships will not be required to obtain age dispensation till the
age of 65 yrs. This circular also provides for considering cases beyond
the age of 65, with prior approval of the designated authorities. Therefore,
this circular permits a seafarer to be employed beyond the age of 65 yrs.
4. Subsequent to liberalization, the employment of the seafarer is
governed by the requirement of a shipowner and the eligibility of the
seafarer, subject to medical fitness. The CDC is an identification document
for the seafarer. Any limitations placed by the Shipping Master, restricting
the validity of CDC upto the age of 60 yrs, is not in consonance with
the M S (CDC) Rules, and also hampers the job prospects of the seafarers.
5. Accordingly, Shipping Masters are hereby
directed to cancel the endorsement placed in the CDCs whereby the validity
of the CDC has been restricted to 60 yrs. of age. This issues with the approval of the Director-General of Shipping and Secretary to the Govt. of India.
|
|