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New Delhi, the -- 19th June, 2001 G.S.R 440(E) - In
exercise of the powers conferred by section 457 of the
Merchant Shipping Act, 1958 (44 of 1958) and in supersession
of the Merchant Shipping (Continuous Discharge Certificate)
Rules 1993, except as respects things are done or omitted
to be done before such supersession, the Central Government
hereby makes the following rules, namely:-
1. Short title, commencement and application –
(1)
These rules may be called the Merchant Shipping (Continuous
Discharge Certificate-cum- Seafarer’s Identity Document)
Rules, 2001
(2)
They shall come into force on the date of their publication
in the Official Gazette.
(3)
They shall apply to persons, who fulfil the eligibility
conditions as specified under rules 4 and 5 of these
rules for employment as seamen, ( as defined under clause
(42) of section 3 of the Act), on board ships (including
foreign going ships and home trade ships of not less
than 200 tons gross).
2.
Definitions -
(1)
In these rules, unless the context otherwise requires
-
(a)
“Act” means the Merchant Shipping Act, 1958 (44 of 1958)
(b)
"Approved Institute" means a training institute approved
by the Directorate General of Shipping.
(c)
“C.D.C” means a Continuous Discharge Certificate-cum-Seafarer’s
Identity Document.
(d) "Compassionate grounds" means the cases of sons
or dependant family members of deceased or physically
incapacitated seaman where the death or physical incapacitation,
as the case may be, of the seamen occurred prior to
his retirement from sea service or attainment of superannuation.
The applicant for issue of C.D.C. shall produce a certificate
from the Revenue Authority within whose jurisdiction
he ordinarily resides, regarding other earning members
in his family and only one dependent son or family member
of the deceased or as the case may be, physically incapacitated
seaman shall be considered for issue of CDC as Utility
Hand on compassionate grounds;
(e) “Form” means a form appended to these rules :
(f)
“Shipping Master” means a Shipping Master of a port
appointed under sub-section (1) of Section 11 of the
Act.
(g)
"Deputy Director General of Shipping" means the Deputy
Director General of Shipping in charge of the Crew Branch
in the Directorate General of Shipping.
(h)
“Sea Service” means articled period on a ship.
(i)
“S.T.C.W. (Code)” means the code referred to in Merchant
Shipping (Standards of Training, Certification and Watchkeeping
for Seafarers) Rules, 1998. (2) Words and phrases used
in these rules and not defined but defined in the Act
shall have the meanings respectively assigned to them.
3.
Application for C.D.C.--
(1)
Any person who fulfills all the eligibility conditions
as specified in rules 4 and 5 of these rules, for the
issue of a CDC, may apply to the shipping master at
Nau Bhavan, 10, R.K. Marg, Ballard Estate, Mumbai-400001
or The shipping master, Shipping Office, Marine House,
Hastings, Calcutta - 700 022 or shipping master, Mercantile
Marine Department, Anchorgate Building, 2nd floor, P.B.No.5004,
Rajaji Salai, chennai-600001, by registered post.
(2)
Every such application shall be in the format as specified
by the Director General of Shipping, from time to time
and shall be accompanied by two copies of the applicant’s
recent photograph, copies of relevant certificates or
documents duly attested by a Gazetted Officer as proof
of eligibility, and a signed declaration to the effect
that the applicant has not previously been issued a
CDC and has not submitted an application for CDC to
any other shipping master, alongwith a fee of five hundred
rupees (non refundable).
4.
Eligibility conditions for applicant seaman other than
Certificated Officers -
(1)
The applicant should be a citizen of India;
(2)
Age limit -
(i)
For Deck ,Engine and Catering(Saloon) rating trainees-
between 18 and 25 years of age
(ii)
For Utility Hand Between 18 and 40 years
(iii)
For Petty Officers (Carpenter, Chief Steward, Electrician,
Fitter, Machinist, Pump man, Refrigeration Mechanic,
Computer Operator, Mechanic (Motor Vehicle), Automobile
Engineering , Pipe Fitter, Motor Mechanic, Diesel Mechanic,
General Mechanic, Maintenance Mechanic, Mechanic( Tool
Engineering), Welder, Electric Arc Welder, Turner, Boiler
Attendant, Electronic Mechanic) Between 18 and 40 years
of age
(iv)
For ex-Naval ratings Upto 45 years of age
(v)
For non-certificated Officers such as Purser/Ship’s
clerk, Electrical officer and Electronic Officer Between
18 and 40 years.
Note
1- The crucial date for determining the age-limit shall
be the closing date for receipt of application.
Note
2- Normally, the date of birth as mentioned in the School
Leaving certificate shall be accepted as proof of evidence
of date of birth of an applicant. In respect of ex-Naval
applicants, the date of birth indicated in Form No.
Indian Navy 271 shall only be the proper documentary
proof to this effect. (3) Educational Qualifications
: (i) For Deck, Engine, and Catering(Saloon) Trainees
Xth standard passed (ii) For Utility Hands VIII standard
passed (iii) For Petty Officer Xth Std. passed with
respective trade certificate from ITI (National Trade
Certificate)(NTC) or National Apprenticeship Certificate
(NAC) or Diploma Certificates approved by the National
Council for Vocational Training (NCVT) or All India
Council for Technical Education (AICTE). The minimum
duration of the courses from any one of the above institutes
shall be two years. (iv) For Purser/Ship’s clerk A graduate
with knowledge of accountancy and computer operation.
(v) For Electrical and Electronic Officer A Diploma
or Degree in respective Branch from a Government recognized
Polytechic or recognized University Note – CDC in the
category of Utility Hand shall be issued only if candidate
is sponsored by a shipping company. (4) For Medical
fitness, the applicants should possess a certificate
in the prescribed form issued in Annexures “E” and “F”
of the Merchant Shipping ( Medical Examination) Rules
, 2000, to the effect that he is medically fit to be
employed on board ships. (5) An applicant for issue
of CDC as Deck, Engine and Catering (Saloon) Trainee
shall have successfully completed the pre-sea training
for ratings from an approved training institute as prescribed
under sub-clause (b) of clause (ii) of sub-rule (2)
of rule 28 of the Merchant Shipping (Standards of Training,
Certification and Watchkeeping for Seafarer’s) Rules,
1998. (6) An applicant for issue of CDC shall have undergone
the basic familiarization training and instructions
as prescribed under sub-rule (1) of rule 33 of the Merchant
Shipping (Standards of Training ,Certification and Wwatchkeeping
for Seafarer’s ) Rules, 1998 (7) An applicant shall
not hold any C.D.C. issued earlier by any Shipping Master
in India. (8) In case of issue of CDC on compassionate
grounds, the Director General of shipping may relax
any or all of the provisions of this rule except sub-rules
(5) and (6) of this rule in respect of all categories.
(9) Notwithstanding anything contained in sub-rules
(2) to (5) and (7) of this rule, an applicant, who is
a member of any Scheduled Tribe, of the Union Territory
of the Andaman and Nicobar Islands or the Union Territory
of Lakshadweep and is of the age of not less than 18
years and not more than 40 years, shall be eligible
for obtaining a CDC if he - (i) has served as a seaman
or a ships crew or both in the capacity for which he
seeks a CDC for not less than 3 years at sea within
the previous 7 years preceding the date of application:
(ii) has produced evidence that he has performed such
sea service for a period of not less than three years;
and (iii) is in possession of a certificate in the prescribed
form set out in Annexures “E” and “F” of the Merchant
Shipping (Medical Examination) Rules 2000, to the effect
that he is medically fit to be employed on ships; and.
(iv) has undergone the basic familiarization training
and instructions as prescribed under sub-rule (1) of
rule 33 of the Merchant Shipping (Standards of Training,
Certification and Watchkeeping for Seafarer’s) Rules,
1998. (10) Notwithstanding anything contained in sub
rules (2), (3) and (5) of this rule, an applicant who
has been working on board foreign going vessels of any
flag in any capacity without CDC issued by Indian authority
during the period between 1st January 1982 and the date
of notification of these Rules in this Official Gazette
for a minimum period of not less than 3 years shall
be issued with a CDC in the same capacity under these
rules subject to the following conditions, namely:-
(i) the applicant is a citizen of India. (ii) the applicant
shall produce with his application his passport or his
Seafarers' Identity Document possessed by him giving
details of the sea service rendered by him duly endorsed
by the Master or owner or the owner's authorized agent
of the vessel on which the seafarer had served or the
owner’s authorized agent. (iii) The applicant is in
possession of a certificate in the prescribed form set
out in Annexures “E” and “F” of the Merchant Shipping
(Medical Examination) Rules 2000, to the effect that
he is medically fit to be employed on board ships. (iv)
The applicant has undergone the basic familiarization
training and instructions as prescribed under sub-rule
(1) of rule 33 of the Merchant Shipping (Standards of
Training, Certification and Watchkeeping for Seafarer’s)
Rules, 1998. (v) Such application shall be submitted
to the Shipping Master's Office within a period of one
year from the date of notification of these Rules in
the Official Gazette. 5. Eligibility for Certificated
Officers - (1) A citizen of India who is in possession
of a valid certificate of competency issued under Section
78 of the Act or a Certificate recognised under Section
86 of the Act or who has been declared successful in
the final examination of the three years B.Sc. (Nautical
Science) course approved by the Director General of
Shipping or who has been declared passed or exempted
in Marine Engineer Officer Class-II Part A Examination
, is eligible for issue of a C.D.C . (2) The Trainee
Marine Engineer, Trainee Radio Officers and Deck Cadets,
who have completed the prescribed pre-sea training and
are eligible to proceed to sea shall also be eligible
to apply for issue of CDCs specifying the incumbent’s
rank or category. (3) Navigational Watch-keeping Officer
(NCV), Marine Officer Class-IV and ex-Indian Naval Officer
in possession of a Watch-keeping Certificate, who have
completed written examination and are required to undergo
on board training for appearing oral examination shall
also be eligible to request for issue of CDCs specifying
the incumbent’s rank or category. (4) A citizen of India
who is in possession of a valid Certificate of competency
issued by any foreign nation, is eligible to request
for issue of a CDC. (5) All the applicants mentioned
in sub rules (1) and (2) above shall have undergone
the basic familiarization training and instructions
as prescribed under sub-rule (2) of rule 33 of the Merchant
Shipping (Standards of Training, Certification and Watchkeeping
for Seafarer’s) Rules, 1998. 6. Issue of C.D.Cs - (1)
The Shipping Master shall, after the descriptive particulars
of the applicant have been entered in and the photograph
affixed to the C.D.C., affix his signature and official
seal on the photograph and issue the same to the applicant
, who fulfills all the conditions laid down in rules
4 and 5. (2) A C.D.C. issued under these rules shall
be in Form-1 and shall be serially numbered. Note: Issuance
of CDC does not guarantee a job which is the prerogative
of the employers. 7. Register of C.D.C.s - (1) The Shipping
Master shall maintain a register of C.D.Cs issued to
seamen from his port, in Form-2, which shall contain
all the particulars recorded in the C.D.C. (2) All subsequent
entries in the C.D.Cs issued from the port shall also
be recorded in the said Register 8. Period of Validity.
- (1) A C.D.C. granted under these rules shall be valid
for a period of ten years and may be renewed on expiry
or within 6 months prior to date of expiry, on a request
from the holder, for a further period up to ten years
at a time if the holder is a serving Seamen and his
C.D.C. has not been cancelled, withdrawn or suspended
under these rules. (2) If the period of validity of
CDC of a Seamen expires during the voyage, it shall
continue to be valid till the end of the voyage. (3)
A recent photograph taken within the last three months
should be affixed to the CDC at the time of renewal
while retaining the old photograph. 9. Report of desertion
etc. - For the purposes of section 192 of the Act, the
proper officer shall be the Shipping Master. 10. Cancellation
or suspension of a C.D.C.- (1) Where the Director General
of Shipping is satisfied that a seamen has committed
a misconduct of a nature specified in section 190 of
the Act or on a report received by him, the Director
General is satisfied that a seamen has deserted his
ship in the circumstances specified in section 192 or
that he has been convicted of an offence of the nature
referred to in sub-section (2) of section 195 of the
Act, he may direct to the shipping master that C.D.C.
of such seaman shall be cancelled, withheld or shall
be suspended for a specified period. (2) If a seamen
lawfully engaged is guilty of an offence of committing
any of the acts mentioned in section 194 of the Act
or is convicted of an offence under any other law for
the time being in force, the Director General may direct
that C.D.C. of such seaman shall be cancelled or withheld
or suspended for such period as may be specified in
the direction . (3) If the Shipping Master has reasons
to believe that the holder of a CDC granted under this
rule has obtained the same making a false or erroneous
information, he may cancel or suspend such CDCs forthwith.
(4) Where the C.D.C. has been cancelled or suspended
as above, the reasons for the same shall be intimated
to the person in writing to whom it is issued and a
copy of the order of such cancellation or suspension
as the case may be shall be endorsed to all other Shipping
Masters in India and the Director General of Shipping
(5) Before cancellation or suspension or withholding
the C.D.C., as the case may be, the C.D.C. holder shall
be given an opportunity to represent his case before
the Shipping Master. The Shipping Master shall also
intimate the reasons of cancellation or suspension or
withholding, as the case may be, to the C.D.C. holders
if the same is decided upon. 11 Appeal - (1) Any applicant
aggrieved by any order made under these rules by the
shipping master, may, within a period of 60 days of
receipt of such order, prefer an appeal to the Deputy
Director General of Shipping dealing with CDC. (2) Any
applicant aggrieved by any order made under sub-rule(1)
of rules-11 by the Deputy Director General of Shipping,
may prefer an appeal to the Director General of Shipping
within a period of 60 days of receipt of such order
by him. In such cases, the decision of the Director
General of Shipping on such appeal shall be final. (3)
No appeal shall be admitted if it is preferred after
the expirty of the period prescribed under sub-rule
(1) and (2) ; provided that an appeal may be admitted
after the expiry of period prescribed therefore, if
the applicant satisfies the appellate authority that
he had sufficient cause for not preferring the appeal
within the prescribed period. 12. Register of cancelled
C.D.C. etc - The Shipping Master shall maintain a register
of C.D.Cs which have been withheld, cancelled or suspended,
under rule 10 of these Rules . 13. C.D.C. not to be
issued in certain cases - (1) No C.D.C. shall be issued
to an applicant under these rules whose application
has been cancelled or suspended by a Shipping Master
of one port and who applies to the Shipping Master of
another port by suppressing this fact. (2) Where the
request for the issue of C.D.C. is cancelled or suspended,
the reasons for the such cancellation or suspension
shall be intimated to the applicant and a copy of the
such order shall be endorsed to all other Shipping Masters
and the Director General of Shipping (3) No CDC shall
be issued to an applicant against whom a written debarment
order or orders have been passed by a Shipping Masters
unless the said order has been set aside by the Director
General of Shipping. 14. Duplicate C.D.C. - Where a
C.D.C. of a person, if he is a serving seaman, issued
under these rules, is mislaid, destroyed, defaced or
mutilated, such seaman may apply to the Shipping Master
of the port concerned along with a fee of rupees one
thousand for issuance of a duplicate copy of the C.D.C.,
with all entries of the previous voyages or a summary
of these recorded therein. 15. Returns of C.D.C. - Every
Shipping Master shall, at the beginning of each quarter
furnish to the Director General of Shipping a return
in Form-3 of the number of C.D.Cs issued to seamen from
his port during the previous quarter. 16. Entry on Discharge
- (1) At the time of discharge the seamen shall, if
he so desires, be granted, by the Master of the ship
on which he has been serving an entry in the C.D.C.
specifying the particulars referred in sub-section (2)
of section 120 of the Act. (2) The entries made in the
C.D.C. shall be attested by the Shipping Master of the
port of discharge and thereafter the C.D.C. shall be
returned to the seamen concerned. FORM 1 {See rule 6(2)}
Government of India Emblem CONTINUOUS DISCHARGE CERTIFICATE
CUM SEAFARER’S IDENTITY DOCUMENT Issued under Merchant
Shipping (Continuous Discharge Certificate-cum-Seafarer’s
Identity Document) Rules, 2001 Photograph Photograph
Photograph Photograph official stamp official stamp
official stamp official stamp Fresh issue 1st Renewal
2nd Renewal 3rd Renewal Note: The above photo should
be authenticated by impressing the Shipping Office Stamp
and the Signature of the Shipping Master partly on the
photo and partly on the book Name of the Seaman : Code
No. of Port and Registration No. of the Discharge Book
Notice to Seamen (1) Seamen are informed that this Continuous
Discharge Certificate- cum-Seafarers’ Identity Document
should be produced and handed over to the Shipping Master,
or Consular when signing Articles of Agreement, so that
the engagement column may be filled in and the certificate
given into the safe keeping of the Master of the Ship.
(2) If the seaman desert or fail to join, his book will
be deposited by the Master with the Shipping Master
or Consular or the port where he left the ship, who
will forward it to the Shipping Master of the port of
engagement. (3) If this certificate become defaced or
torn or filed up or it get lost the Shipping Master
will, on application, arrange for the issue of a duplicate.
(4) Seamen are warned not to correct, alter or in any
way tamper with the entries on this certificate as they
are liable to be prosecuted if they do so. (5) Seamen
are informed that the CDCs should be revalidated after
every ten years and affix an additional recent photograph
at the time of revalidation. (6) It may be ensured that
the particulars mentioned in the CDC are correct and
if any discrepancies are noted, the same has to be intimated
to the issuing office along with the CDC for correction
within 30 days from the date of receipt. Request for
any corrections cannot be entertained after this deadline.
Note If this Certificate come into the possession of
any person to whom it does not belong, it should be
handed over to the Shipping Master, or the nearest Mercantile
Marine Office, or may be transmitted to the Directorate
General of Shipping, Mumbai. Record of any award or
commendation received by the seaman, the entry shall
be signed by the Shipping Master, dated and stamped.
Emblem CONTINUOUS DISCHARGE CERTIFICATE CUM SEAFARER’S
IDENTITY DOCUMENT Issued by the Government of India
Name of Seamen in full and Name of Father Date of Birth
DAY MONTH YEAR Place of Birth : Nationality: Religion:
Height in Centimeters : Colour of Eyes : Colour of Hair:
Complexion: Certificate of Competency, if any Grade
Number Tattoo or other distinguishing marks: (i) (ii)
Issued at the Port of …………………… Date of Issue : Signature
of Seaman……………………. Shipping Master 1. Pre-Sea Training
Certificate No. and Place of Issue: 2. PSSR Certificate
No. and Place of Issue: 3. PST Certificate No. and Place
of Issue: 4. FF&FP Certificate No. and Place of Issue:
5. EFA Certificate No. and Place of Issue: 6. Certificate
of Competency in Cooking No and Place of Issue: Summary
of former Certificate of Service Name of the Ship Number
of Voyages Category Number of voyages Voyages not completed
CONTINUOUS DISCHARGE CERTIFICATE CUM SEAFARER’S IDENTITY
DOCUMENT S. No. *Name of Ship and official number, and
tonnage Date and Place of Category Description of voyage
Signature of Master and And of Shipping Master ,Consular
Officer with Official Stamp Description of Voyage Signature
of Master and of Shipping Master, Consular Officer with
official stamp Engagement Discharge 1 2 3 4 5 6 7 5
6 1. 1 (1) (2) 1. (1) (2) 2. 2 (1) (2) 2. (1) (2) 3.
3 (1) (2) 3. (1) (2) 4. 4 (1) (2) 4. (1) (2) 5. 5 (1)
(2) 5. (1) (2) 6. 6 (1) (2) 6. (1) (2) 7. 7 (1) (2)
7. (1) (2) 8. 8 (1) (2) 8. (1) (2) 9. 9 (1) (2) 9. (1)
(2) 10. 10 (1) (2) 10. (1) (2) 11. 11 (1) (2) 11. (1)
(2) 12. 12 (1) (2) 12. (1) (2) 13. 13 (1) (2) 13. (1)
(2) 14. 14 (1) (2) 14. (1) (2) 15. 15 (1) (2) 15. (1)
(2) 16. 16 (1) (2) (1) (2) (1) (2) 17. 17 (1) (2) (1)
(2) (1) (2) 18. 18 (1) (2) (1) (2) (1) (2) 19. 19 (1)
(2) (1) (2) (1) (2) 20. 20 (1) (2) (1) (2) (1) (2) 21.
21 (1) (2) (1) (2) (1) (2) 22. 22 (1) (2) 23. 23 (1)
(2) 24. 24 (1) (2) 25. 25 (1) (2) 26. 26 (1) (2) 27.
27 (1) (2) 28. 28 (1) (2) 29. 29 (1) (2) 30. 30 (1)
(2) 31. 31 (1) (2) 32. 32 (1) (2) 33. 33 (1) (2) 34.
34 (1) (2) 35. 35 (1) (2) 36. 36 (1) (2) 37. 37 (1)
(2) 38. 38 (1) (2) 39. 39 (1) (2) 40. 40 (1) (2) 41.
41 (1) (2) 42. 42 (1) (2) 43. 43 (1) (2) 44. 44 (1)
(2) 45. 45 (1) (2) 46. 46 (1) (2) 47. 47 (1) (2) 48.
48 (1) (2) 49. 49 (1) (2) 50. 50 (1) (2) 51. 51 (1)
(2) 52. 52 (1) (2) 53. 53 (1) (2) 54. 54 (1) (2) *These
columns are to be filled in at the time of engagement.
# In Engineer’s Books insert Kilo Watts. In Radio Officer’s
Books insert tonnage classification of Ship as per Merchant
Shipping (Distress and Safety Radio Communication) Rules,
1995. HOME ADDRESS OF SEAMAN (To be entered by the Seaman)
Name Village Post Office District State Pincode NEXT
OF KIN OF SEAMAN WITH ADDRESS Name & Relationship……………………………………………………………………………………
Address…………………………………………………………………………………………………… Additional
Pages for office use Issued under Merchant Shipping
(Continuous Discharge Certificate-cum-Seafarer’s Identity
Document) Rules, 2001 valid for a period of 10 years
w.e.f…………. If the period of validity expires during
the voyage, it shall continued to be valid till the
end of the voyage. Shipping Master Issued under Merchant
Shipping (Continuous Discharge Certificate-cum-Seafarer’s
Identity Document) Rules, 2001 valid for a period of
10 years w.e.f…………. If the period of validity expires
during the voyage, it shall continued to be valid till
the end of the voyage. Shipping Master Issued under
Merchant Shipping (Continuous Discharge Certificate-cum-Seafarer’s
Identity Document) Rules, 2001 valid for a period of
10 years w.e.f…………. If the period of validity expires
during the voyage it shall continued to be valid till
the end of the voyage. Shipping Master Issued under
Merchant Shipping (Continuous Discharge Certificate-cum-Seafarer’s
Identity Document) Rules, 2001 valid for a period of
10 years w.e.f…………. If the period of validity expires
during the voyage it shall continued to be valid till
the end of the voyage. Shipping Master Additional Pages
for Office Use FORM 2 ( See rule 7 ) REGISTER OF CONTINUOUS
DISCHARGE CERTIFICATE CUM SEAFARER’S IDENTITY DOCUMENT
Form 2 ---------------------------- See rule7 REGISTER
NO. OF DISCHARGE BOOK……………………… DATE OF ISSUE OF CERTIFICATE……………………………….
Emblem Issued by THE GOVERNMENT OF INDIA PHOTOGRAPH
1.Pre-Sea Training Certificate No. and Place of Issue:
2.PSSR Certificate No. and Place of Issue: 3.PST Certificate
No. and Place of Issue: 4.FF&FP Certificate No. and
Place of Issue: 5.EFA Certificate No. and Place of Issue:
6.Certificate of Competency in Cooking No and Place
of Issue: Name of Seamen in full and Name of Father
Date of Birth DAY MONTH YEAR Place of Birth : Nationality:
Religion: Village Post Office District State Pincode
Height in Centimeters : Colour of Eyes : Colour of Hair:
Complexion: Certificate of Competency, if any Grade
Number Tattoo or other distinguishing marks: (i) (ii)
Issued at the Port of …………………… Date of Issue : Signature
of Seaman……………………. Shipping Master --------------------------------------------------------------------------------------------
Record of any award or commendation received by the
seaman, the entry shall be signed by the Shipping Master,
dated and stamped. Signature of Seaman: SHIPPING MASTER
Issued on: *Note:- Stop orders shall be written in red
ink to draw attention. Stop orders and other orders
are to be cancelled as soon as they cease to operate.
All entries, additions and alterations in this register
shall be initialed by the SHIPPING MASTER, and they
shall not, otherwise be recognized. Any person is warned
that he is liable to be prosecuted if he tamper unlawfully
with this register. S. No. Name of ship , official No.
and tonnage Date and Place of Category Description of
voyage Name of Master Shipping Master’s initial Engage-ment
Discharge 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.
27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39.
40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52.
53. 54. 55. 56. 57. 58. 59. 60. · In Engineer’s Books
insert Horse Power. In Radio Officer’s Books insert
gross tonnage and wireless classification of ship. FORM
– 3 (see rule 15) Return in respect of Continuous Discharge
Certificates-cum-Seafarer’s Identity document issued
to seamen during the quarter ending………………………at the port
of ………………………. No. of Continuous Discharge Certificate-cum-Seafarer,s
Identity Document issued Deck Engine room Saloon Total
No. of duplicate Continuous Discharge Certificate-cum-Seafarer’s
Identity documents issued…………………………….. SHIPPING MASTER
To The Director General of Shipping, Mumbai. ANNEXURE
Name of ports and their code letters for purposes of
issue of Continuous Discharge Certificate-cum-Seafarer’s
Identity Document Name of Port Code letters 1. MUMBAI
MU 2. CALCUTTA CL 3. CHENNAI CH ( F.No.!-12017/8/2000-MT)
M.RAMACHANDRAN, Jt. Secy. Annexure-II PROPOSAL FOR AMENDMENT
TO THE M.S. ( CDC) RULES 1993. Existing provision of
the MS (CDC) Rules, 1993 amended upto 1997. Proposed
amendments Remarks/justification 1. Short Title, Application
and Commencement: - (1) These rules may be called the
Merchant Shipping (ContinuousDischarge Certificate)
Rules, 1993 (2) They shall apply to seaman, as defined
under clause (42) of section 3 of the Merchant Shipping
Act engaged on ships ( including Home Trade ships of
not less than 200 ton gross and off-shore vessels or
vessels plying between mainland and Andaman and Nicobar
Islands and foreign flag vessels permitted to employ
Indian crew or officers by the Directorate General of
Shipping ) and also to candidates who pass out of training
institutes approved by Directorate General of Shipping
. ( Amended as per M.S. (C.D.C.) amendment rules 1995
vide Notification No.G.S.R. 49(E) dated 20th January,
1995 and M.S.(CDC) Amendment Rules 1997 vide Notification
No. GSR 421 dated 15th December, 1997) (3) They shall
come into force on the date of their publication in
official gazette 1. Short Title, Application and commencement
:- (1) These rules may be called the Merchant Shipping
(Continuous Discharge Certificate) Rules, 2000 (2) They
shall apply to persons who fulfill the eligibility criteria
as prescribed under Rules 4 and 5 of these Rules for
employment as seamen, as defined under clause (42) of
section 3 of the Merchant Shipping Act, on board ships
( including foreign going ships and Home Trade ships
of not less than 200 tons gross). (3) They shall come
into force on the date of their publication in the official
Gazette. No change (1)As per the guidelines issued by
the Ministry vide letter No.B-11015/45/95-MT dt.7.21997
the Govt. have decided that CDCs will be freely issued
to all candidates who successfully complete their training
in an approved Institute without any necessity for sponsorship.
(2) Further, as per Section 99 of the M.S.Act no person
shall engage or carry to sea any seaman in any ship
from any port in India unless the seaman possess a CDC
issued under the M.S.Act. except in the case of Home
Trade Ships of less than 200 GRT .Therefore as per the
M.S.Act possession of a CDC is a pre-requisite for engaging
a seaman on board Indian ships but as per rule 5(1)
of the existing CDC rules an Indian citizen is eligible
to request for issue of CDCs only if he is engaged on
a ship, which is in conflict with Section 99 of M.S.Act.
Further as per Section 114(1), a Master of a ship other
than an Indian ship is required to enter into an agreement
with the crew that he engages from any port in India
and a similar provision exists in Section 100 for Indian
ships. Articles of Agreement are required to be signed
with CDC holders and therefore insistence on signing
of Articles of Agreement for issue of CDCs under the
M.S(CDC) Rules is also in conflict with the M.S.Act.
It is a well settled principle of law that if there
is any conflict between the provisions of the Act and
the Rules made under the Act, the provisions of the
Act shall prevail and accordingly the amendment to the
Rules is proposed. (3)"Candidates who pass out of training
institute" has been deleted as the same have been covered
by the words "Persons who fulfill the eligibility criteria
for employment". No change. 2. Definitions - In these
rules, - (a) “Act” means the Merchant Shipping Act,
1958 (44 of 1958) (b) “C.D.C”means a Continuous Discharge
Certificate-cum- Seafarer Identity Document ( Amended
as per M.S. (CDC) Amendment Rules, 1997 vide Notification
No.GSR 421 dated 15th December 1997) (c) “Form” means
a form appended to these rules : (d) “Shipping Master”
means a Shipping Master of port appointed under sub-section
(1) of Section 11 of the Act. 2. Definitions - In these
rules, - (a) “Act” means the Merchant Shipping Act,
1958 (44 of 1958) (b) "Approved Institute" means a training
institute approved by the Directorate General of Shipping.
(c) “C.D.C” means a Continuous Discharge Certificate-cum-Seafarer
Identity Document (d)"Compassionate grounds" means the
cases of sons/dependants of deceased /medically incapacitated
seaman where the death/medically incapacitation of the
seamen occurred prior to his retirement from sea service/
attainment of superannuation. (e) “Form” means a form
appended to these rules : (f) “Shipping Master” means
a Shipping Master of a port appointed under sub-section
(1) of Section 11 of the Act. No change As per the guidelines
issued by the Ministry vide letter No.B-11015/45/95-MT
dated 7.2.1997 private training institutions are permitted
to impart pre-sea training to ratings/Deck Cadets/TMEs/TNOs
and conduct STCW courses subject to the grant of recognition
by the Director General of Shipping. Hence this definition
is inserted in the CDC Rules. No change At present applications
on compassionate grounds are being considered for the
sons/family members of a deceased/physically incapacitated
seamen while in service i.e. while on the Articles of
Agreement .However, this Directorate is receiving a
large number of applications from the sons/dependent
family members of the deceased/medically incapacitated
seaman while they are at home i.e. off Article period
but before the retirement/superannuation of the seaman.
. Since there is no specific definition of employment
on compassionate ground at present in the CDC Rules,
the proposed clause has been inserted. No change No
change 3. Application for C.D.C. - - (1) Any person
who fulfills the eligibility conditions as specified
under rules may apply to the Shipping Master for the
issue of a CDC alongwith a fee of three hundred rupees.
(2) Every such application shall be accompained by two
copies of the applicant’s photograph alongwith a fee
of three hundred rupees and also a declaration that
a C.D.C. has not previsouly been issued to the applicant.
( Amended as per M.S. ( CDC ) Amendment rules 1995 vide
Notification No.G.S.R.49(E) dated 20th January, 1995.
3. Application for C.D.C.-- (1) Any person who fulfills
the eligibility conditions as specified under Rules
4 and 5 of these rules may apply to the Shipping Master
for the issue of a CDC . (2) Every such application
shall be in the format as prescribed by the Director
General of Shipping from time to time and shall be accompanied
by two copies of the applicant’s recent photograph,
copies of relevant certificates/documents as proof of
eligibility, a signed declaration to the effect that
the applicant has not previously been issued with a
CDC and has not submitted an application for CDC to
any other Shipping Master, and a fee of five hundred
rupees. (i)_The provision has been made more specific.
(ii)The fee of three hundred rupees has been replaced
by five hundred rupees because of inflation and this
is only a suggestion by the Directorate. 4. Eligibility
conditions for seamen other than Cerficated Officers
- (1) The applicant should be a citizen of India. (2)
Age limit - (i) For Deck and Engine trainees- Between
18 and 22 years (ii) For other categories (Bhandary,Bhandary
Mate, Utility Steward, Utility Hand (Deck and Saloon)
and Third Cook)-Between 18 and 25 years (Amended as
per M.S.(CDC) Amendment Rules 1997 vide Notification
No.GSR 421 dt. 15.12.97) (iii)For Petty Officers (Carpenter,
Chief Steward, Electrician, Fitter, Machinist, Pump
man , purser, Electrical, Electronics, Refrigeration
and Computers)(Amended as per M.S.(CDC) Amendment Rules,1997
vide Notification No.GSR 421 dt. 15.12.1997) Between
18 to 40 years (Amended as per M.S.(CDC) Amendment Rules,
1995 and 1997 vide Notification Nos. GSR 49 (E) dt.20.1,1995
and GSR 421 dt. 15.12.97) (iv)For ex-Naval Ratings-Upto
40 years provided the application is made within a period
of 6 months from the date of release. (Amended as per
M.S.(CDC) Amendment Rules 1995 vide Notification No.GSR49(E)
dt. 20th Jan.1995) Note :The date of birth as mentioned
in the School Leaving certificate shall be accepted
as proof of evidence of date of birth of an applicant.
In respect of ex-Naval applicants, the date of birth
indicated in Form No. Indian Navy 271 Certificate shall
be the proper documentary proof to this effect.(Amended
as per M.S.(CDC) Amendment Rules 1995 vide Notification
No.GSR 270 (E) dated 16th March 1995) (3) Educational
Qualifications - (i)For Deck and Engine Trainees- X
standard passed (ii)For other categories- VIII-standard
passed (iii) For Petty Officer (excluding-X standard
passed Purser) with proficiency certificate in the respective
trade issued by a Govt. recognised institute. (iv)For
purser -A graduate with knowledge of accountancy and
typing (4)Medical fitness - The applicant should possess
a certificate in the prescribed form issued under Merchant
Shipping ( Medical Examination) Rules , 1986, to the
effect that he is medically fit to be employed on ships.
(5) An applicant shall have successfully completed the
prescribed pre-sea training from an approved training
institute . (Amended as per M.S.(CDC) amendment Rules
1995 and 1997 vide Notification Nos. GSR 49 (E) dt.
20.1.1995 and GSR 421 dt. 15.12.1997) (6) Omitted (
As per M.S. ( CDC ) Amendment Rules 1997 vide Notification
No. GSR 421 dt. 15.12.1997) (7) An applicant shall not
hold any C.D.C. issued earlier by any Shipping Master
in India. (8) In case of employment on compassionate
grounds, the Director General of shipping may relax
any or all of the provisions of this rule except sub-rule
(5) in respect of all categories. (9) An applicant who
has been working on board offshore supply vessels of
Home Trade ships or passenger ships in any capacity
without a CDC shall be issued CDC under the Act, subject
to fulfilling the following requirement, namely :- (I)
If the applicant has served on offshore Supply Vessels
for a total period of not less than 12 months within
the period beginning from 1st April 1993 and ending
on a date 12 months after the commencement of the Merchant
Shiping (Continous Discharge Certificate) Amendment
Rules, 1997 ; or If the applicant has been working on
Home Trade or Passenger Ships for a total period of
not less than 6 months ; within the period beginning
from 1st April, 1993 and ending on a date 6 months after
the commencement of the Merchant Shipping (Continuous
Discharge Certificate) Amendment Rules 1997; or (ii)
The applicant furnished a certificate of service issued
by the Master or Owners of the vessels duly authenticated
by the concerned shipping company and supported by salary
slips or accounts of wages; (iii) Certificate of medical
fitness by a medical practitioner specialised by Central
Government for this purpose. (The above sub-rules (8)
and (9) inserted as per M.S.(CDC) Amendment Rules 1997
vide notification No.GSR 421 dt. 15th December, 1997)
(10) Notwithstanding anything contained in sub-rules
(2) to (7), an applicant, who is a member of a Scheduled
Tribe in relation to the Union Territory of the Andaman
and Nicobar Islands or the Union Territory of Lakshadweep
and is of the age of not less than 18 years and not
more than 35 years, shall be eligible for obtaining
a CDC if he - (i) has served in the capacity for which
he seeks a CDC for not less than 3 years at sea within
the previous 7 years preceeding the date of application;
(ii) has produced evidence that he has performed such
sea service for a period of not less than three years;
and (iii) is in possession of a certificate in the prescribed
form issued under the Merchant Shipping (Medical Examination)
Rules 1986, to the effect that he is medically fit to
be employed on ships.(Amended as per M.S. (CDC) Amendment
Rules,1995 vide Notification No.GSR 270(E) dated 16th
March 1995. 4. Eligibility conditions for seamen other
than Certificated Officers - (1) The applicant should
be a citizen of India; (2) Age limit - (i)For Deck ,Engine
and Catering(Saloon) trainees-between 18 and 25 years
of age (Note : The applicant should not exceed the upper
age limit as on the date of receipt of application by
the Shipping Master and should fulfill the conditions
prescribed under this Rules as on date of the application
) (ii) For Utility Hand -Between 18 and 40 years (iii)
For Petty Officers (Carpenter, Chief Steward, Electrician,
Fitter, Machinist, Pump man , Purser, Electrical Officer,
Electronics Officer, Refrigeration Mechanic, Computer
Operator, Mechanic (Motor Vehicle), Automobile Engineering
, Pipe Fitter, Motor Mechanic, Diesel Mechanic, General
Mechanic, Maintenance Mechanic, Mechanic( Tool Engineering),
Welder, Electric Arc Welder, Turner, Boiler Attendant,
Electronic Mechanic)-Between 18 and 40 years of age
(iv) For ex-Naval Ratings-Upto 40 years of age Note
:Normally, the date of birth as mentioned in the School
Leaving certificate shall be accepted as proof of evidence
of date of birth of an applicant. In respect of ex-Naval
applicants, the date of birth indicated in Form No.Indian
Navy 271 shall only be the proper documentary proof
to this effect. (3) Minimum Educational Qualifications
required: (i)For Deck, Engine, and Catering(Saloon)
Trainees - X standard passed (ii)For Utility Hands -
VIII standard passed (Note: CDC in the category of Utility
Hand shall be issued only in the cases of employment
on compassionate grounds) (iii) For Petty Officer (excluding
Purser)-Xth Std. passed with respective trade certificate
from ITI (National Trade Certificate)(NTC)/National
Apprenticeship Certificate (NAC) or Diploma Certificates
approved by the National Council for Vocational Training
(NCVT)/All India Council for Technical Education(AICTE).
The minimum duration of the courses from any one of
the above institutes shall be two years. (iv) For Purser
- A graduate with knowledge of accountancy and computer
operation. (4)Medical fitness - All the applicants should
possess a certificate in the prescribed form issued
under the Merchant Shipping ( Medical Examination) Rules
, 2000, to the effect that he is medically fit to be
employed on board ships. (5) An applicant for issue
of CDC as Deck, Engine and Catering (Saloon) Trainee
shall have successfully completed the prescribed pre-sea
training for ratings from an approved training institute.
(6)All the applicants for issue of CDC shall have undergone
the basic familiarization courses as prescribed under
the STCW Code (7) An applicant shall not hold any C.D.C.
issued earlier by any Shipping Master in India. (8)
In case of issue of CDC on compassionate grounds, the
Director General of shipping may relax any or all of
the provisions of this rule except sub-rule (5) and
(6) in respect of all categories. To be deleted (9)
Notwithstanding anything contained in sub-rules (2)
to (5) and (7), an applicant, who is a member of a Scheduled
Tribe in relation to the Union Territory of the Andaman
and Nicobar Islands or the Union Territory of Lakshadweep
and is of the age of not less than 18 years and not
more than 40 years, shall be eligible for obtaining
a CDC if he - (i) has served in the capacity for which
he seeks a CDC for not less than 3 years at sea within
the previous 7 years preceeding the date of application;
(ii) has produced evidence that he has performed such
sea service for a period of not less than three years;
and (iii) is in possession of a certificate in the prescribed
form issued under the Merchant Shipping (Medical Examination)
Rules 2000, to the effect that he is medically fit to
be employed on ships. (iv)has undergone the basic familiarization
courses as prescribed under the STCW Code (10) Any applicant
who has been working on board foreign going vessels
of any flag in any capacity without an Indian CDC during
the period between 1st January 1982 and date of notification
of these Rules for a minimum period of not less than
3 years shall be issued with a CDC in the same capacity
under the Act subject to the following conditions, namely:-
(i) The applicant shall produced his passport or current
seafarer's Identity document possessed by him giving
details of the sea service rendered by him duly endorsed
by the Master or Owner of the vessel on which the seafarer's
had served or the owner's Agents. (ii) The applicant
is in possession of a certificate in the prescribed
form issued under the Merchant Shipping (Medical Examination)
Rules 2000, to the effect that he is medically fit to
be employed on board ships. (iii) The applicant has
undergone the basic familiarization courses as prescribed
under the STCW Code (iv) Such application shall be submitted
to the Shipping Master's Office within a period of one
year from the date of notification of these Rules in
the Official Gazette. . (i)As per the report of the
Committee on Maritime Education and Training (COMET)
which was accepted by the Govt. the candidates for the
deck, engine room and catering departments should be
trained together under one roof. Though the Training
Institutes are given approval for conducting pre-sea
training for Saloon Ratings this category has not been
included in the existing CDC Rules. Hence Catering(Saloon)
category has been proposed to be inserted in the CDC
Rules. (ii)During the recent meeting taken by the Hon'ble
Minister for Surface Transport on 4.6.2000 with the
Director General of Shipping regarding review of functions
of the D.G.Shipping and its allied offices it was brought
to the notice of the Hon'ble Minister that this Directorate
has been receiving numerous requests for grant of age
relaxation for issue of CDC in the category of Trainee
Seaman. However as per the Rule 4(8) of the M.S(CDC)
Rules the Director General of Shipping is empowered
to grant relaxation only in the cases of issue of CDCs
on compassionate grounds. It was also pointed out during
the meeting that it is difficult for a candidate to
get the required qualification for obtaining the CDCs
before the age of 22 years in rural areas. During the
deliberations it was observed that the IMO or STCW 95
Convention does not stipulate any upper age limt for
issue of CDCs, but India being a major manpower supplying
maritime nation, has set standards which are more stringent.
It was therefore suggested that instead of removing
the upper age limit, it may be raised to 25 years for
issue of CDCs in the category of Trainee Seaman. Hence
this amendment is proposed. Recently the Shipping Masters
and some training institutes have approached this Directorate
requesting for clarification about the cut off date
for determining the eligibility with regard to age.
They have pointed out that - a)As per the M.S.(CDC)
Rules the eligibility for issue of CDC for a rating
is between 18 and 22 years; b)As per STCW Rules 1998
Vol.1, Chapter IX para. 42(i) it is prescribed that
the minimum age for a seaman shall be 18 years on the
last date for receipt of application for admission (
no upper age limit prescribed) c)As per the Directorate,s
letter No.7-NT(9) dated 1.4.1999 issued from the NT
Branch , the age limit prescribed is between 18 and
22 years on the date of commencement of the training;
d)As per the Crews Branch Circular letter No.58(2) CR/97
dated 28.5.1998 the cut off date for age shall be determined
as on 31st December for all courses commencing in a
calendar year.In view of the above 4 different guidelines
regarding the eligibility of age for admission to pre-sea
rating training, the training institutes have requested
our clarification as to which of the above guideline
is to be followed while admitting a candidate for undergoing
pre-sea rating training course and for issue of CDC.
Hence the matter is resolved by suitable amendment to
the Rules clarifying the cut off date to be the date
of receipt of final complete application by the Shipping
Master. (l )Bhandary, Bhandary Mate, Utility Steward
and Third Cook are covered under the category of Catering
Department (Saloon) for which pre-sea rating training
is compulsory. Hence these categories have been excluded
here as they are included under Rule 4(2)(i). (2) for
Petty Officers and Ex-naval ratings ,which are skilled
categories, for which age limit prescribed is between
18 to 40 years. Utility Hand category being an unskilled
and lowermost category on board ship it is felt that
the agelimit for this category may also be enhanced
to 40 years. Further, CDCs in this category is proposed
to be issued only to the candidates under compassionate
ground employment. One of the difficulties in issuing
CDCs in the Petty Officer category is that the Shipping
Masters receive a large number of application for issue
of CDCs in categories which are not prescribed in the
CDC Rules under Petty Officer Category. As per the existing
provisions , the CDCs are to be issued in the following
categories : Carpenter, Chief Steward, Electrician,
Fitter, Machinist, Pump man , Pursur, Electrical, Electronics
refrigeration and computers to applicants who possess
the trade certificate in their respective trade from
a Govt. recognized institute. However, the Shipping
Masters are receiving numerous applications for issue
of CDCs from candidates with proficiency certificates
in Mechanic (Motor Vehicle), Automobile Engineering,
Instrument Mechanic, Motor Mechanic, Mechanical Engg.
(G.L), Maintenance Mechanic (Chemical Plant), Tool Engineering,
Electric Arc Welder, Mechanical Engineering, Electric
Arc Welder, Turner, Boiler Attendant, Electrical Power
System and Electronic Mechanic, etc. which are not prescribed
under the CDC Rules. However,if the employer desires
to appoint a person with the abovementioned proficiency
certificate , it is felt that the Govt. should not interfere
in the freedom of choice of the shippowers. Hence we
may include all the above categories under Petty Officer
category.. Deletion of 6 months time limt for submission
of application by ex-naval ratings is concerned, it
may be stated that the above provision was made vide
Gazette Notification GSR 4((E) dt. 2.2.1995 while amending
the M.S.(CDC) Rules 193 for the first time. Prior to
that there was no stipulation of time limit of 6 months
for submission of application by ex-naval ratings. Reason
for introduction of restriction of time limit of 6 months
is not clear from the records. However, it appears that
this provision was inserted in view to maintain the
demand and supply of seafarers since at that point of
time CDCs were issued based on the demand of the shipping
industry. In the present scenario of liberalization
we may not put the condition of 6 months time limit
for applying for issue of CDC by ex-Naval ratings. Hence
this amendment is proposed. Consequential amendment
as explained at 4(2)(1) This is suggested due to the
lack of Utility Hand post on board foreign flag vessels
and lack of employment opportunities. The limited number
of vacancies in this lowest category of employment on
board ships could be utilized for issue of CDCs on compassionate
grounds alone as suggested by the shipowners and seafarers
unions at a meeting charired by the DGS on 24.4.2000
at DGS.. Consequential amendment at 4(2)(iii) Typewriter
is replaced by Computer on board ships. Consequent upon
the Revised M.S.(Medical Examination) Rules,2000 Notified
in the Official Gazette vide GSR No.57(E) dated 19.1.2000
Existing provision is wrongly worded as the pre-sea
training is not compulsory for other categories viz.
Petty Officer, Naval ratings and Utility Hands. As per
the M.S.(STCW) Rules 1998 Chapter 6, Rule 33 (1) (2)
All persons employed or engaged on a sea-going ship,
other than passengers shall, before being assigned to
shipboard duties, receive approved familiarization training
in accordance with paragraph 1 of section A-VI/1 of
the SCTW Code and shall meet the appropriate standard
of competence specified therein. No Change In view of
the position explained at 4.(6). The existing provision
was made in the M.S.(CDC), Rules for the purpose of
regularizing those persons who were already working
without CDCs on Home Trade vessels as per the recommendation
of the Praveen Singh Committee. As per para 10.1 of
the Praveen Singh Committee report it was estimated
that only 500 nos. of such persons need to be issued
with H.T. CDCs, but in fact nearly2000 such H.T. CDCs
have been issued and a large number of applications
are still being received. The Praveen Singh Committee
in its report at para 10.1 which was accepted by the
Govt. , clearly recommended that the cut off date for
considering these request may be twelve months from
the date of the Government notification on the subjects.
However while framing the rules this recommendation
was wrongly interpreted and the existing provision was
inserted. Therefore, it is felt that this provision
should now be deleted. This matter was also discussed
in the meeting of shipowners and seafarers with the
DGS held on 24.4.2000 to discuss the methods for streamlining
the procedure for issue of CDC and it was decided to
fix the cut off date as 31.5.2000. (i)S.No. has been
changed in view of deletion of clause 4(9) above. (ii)Since
we have enhanced the age limit in the cases of Ex-Naval
ratings and Petty Officers and in view of the proposal
to enhance the age limit in the case of Utility Hand.
This Directorate is receiving numerous applications
for issue of Indian CDCs from candidates who are working
/were working on foreign flag vessels on the strength
of their passports and foreign CDCs . In this connection
it is stated that in 1982 the Govt. has closed down
the pre-sea training establishments due to recession
in the shipping industry. In 1992 pre-sea rating training
were re-started by the private sector. During the intervening
period a large number of Indian citizen obtained employment
on foreign flag vessels on the strength of their passports
and foreign national CDCs. As per the article 2 of ILO
Convention 108(Seafarer's Identity Document Convention
1958) which has recommended for ratification by the
Tripartite Seminar, it has become mandatory that all
the seamen working on board vessel should be in possession
of their national CDC. So far this convention has been
ratified by 60 countries. Therefore Indian citizens
who are working on board foreign flag vessels of those
60 countries without CDCs will be jobless. If this is
so the nation will lose a considerable amount of foreign
exchange besides facing a worsening of employment problem.
In view of the above this provision has been incorporated.
However, it may be mentioned that some of the candidates
who were working on foreign flag vessels without CDC
had approached the Hon'ble Bombay High Court and the
Hon'ble Court had directed the Shipping Master , Mumbai
to issue CDCs to those applicants. Accordingly CDCs
were issued about 500 applicants and simultaneously
this office had approached the Hon'ble Supreme Court
and obtained stay order by filing an SLP. The stay order
of the Supreme Court is still in operation. This Directorate
is in the process of sending a proposal to the Ministry
of Law , Justice, & Company Affairs, Central Agency
Section, New Delhi for withdrawal of the SLP from the
Hon'ble Supreme Court. 5. Eligibility for Certificated
Officers - (1) A Citizen of India who is in possession
of a valid certificate of competency issued under Section
78 of the Act or a Certificate recognised under Section
86 of the Act who has been declared successful in the
final examination of the three years .Sc. (Nautical
Science) course at T.S. Chanakya or who has been declared
passed or exempted in Marine Engineer Officer Class-II
Part A Examination , is eligible to request for issue
of a C.D.C .provided he is engaged on a ship in accordance
with the provisions of the Act. (2) The Trainee Marine
Engineer, Trainee Radio Officers and Deck Cadets, who
have completed prescribed training and are eligible
to proceed to sea shall also be eligible to request
for issue of CDCs specifying the nc umbent’s rank or
category if they are sponsored by the Shipping Companies
except in the case of Trainee Radio Officers from whom
such sponsorship letter need not be insisted upon. (
Amended as per M.S. (CDC) Amendment rules 1995 vide
Notification No .G. S.R .49 (E) dated 20th January,
1995 and GSR 270 (E) dated 16th March 1995 and M.S.
(CDC ) Amendment rules 1997 vide Notification No.GSR
421 dt. 15th December, 1997) 5. Eligibility for Certificated
Officers - (1) A citizen of India who is in possession
of a valid certificate of competency issued under Section
78 of the Act or a Certificate recognised under Section
86 of the Act or who has been declared successful in
the final examination of the three years B.Sc. (Nautical
Science) course at T.S. Chanakya or who has been declared
passed or exempted in Marine Engineer Officer Class-II
Part A Examination , is eligible for issue of a C.D.C
. (2) The Trainee Marine Engineer, Trainee Radio Officers
, Navigational Watchkeeping Officer (NCV) and Deck Cadets,
who have completed the prescribed pre-sea training and
are eligible to proceed to sea shall also be eligible
to request for issue of CDCs specifying the incumbent’s
rank or category. (3) All the applicants mentioned in
sub clauses (1) and (2) above shall have undergone the
basic familiarization courses as prescribed under the
STCW Code. As per Section 99 of the M.S.Act no person
shall engage or carry to sea any seaman in any ship
from any port in India unless a seaman possess a CDC
issued under the M.S.Act. except in case of Home Trade
Ships of less than 200 GRT .Therefore as per the M.S.Act,
possession of a CDC is a pre-requisite for engaging
a seaman on board Indian ships but as per rule 5(1)
of the existing CDC rules an Indian citizen is eligible
to request for issue of CDCs only if he is engaged on
a ship, which is conflict with Section 99 of M.S.Act.
Further as per Section 114(1) a Master of a ship other
than an Indian ship is required to enter an agreement
with the crew that he engages from any port in India
and a similar provision exists in Section 100 for Indian
ships. Articles of Agreement are required to be signed
with CDC holders and therefore insistence on signing
of Articles of Agreement for issue of CDCs under M.S(CDC)
Rules is also in conflict with M.S.Act. It is a well
settled principle of law that if there is any conflict
between the provisions of the Act and the Rules made
under the Act, the provisions of the Act shall prevail.(Our
letter No.15(44)CR/98 dated 29.4.99 refers) The need
for sponsorship has been relaxed and any eligible Indian
citizen can apply for a C.D.C. without any sponsorship
by a shipping company. As per the M.S.(STCW) Rules 1998
Chapter 6, Rule 33 (1) (2) All persons employed or engaged
on a sea-going ship, other than passengers shall, before
being assigned to shipboard duties, receive approved
familiarization training in accordance with paragraph
1 of section A-VI/1 of the SCTW Code and shall meet
the appropriate standard of competence specified therein.
6. Issue of C.D.Cs - (1) The Shipping Master shall,
after the descriptive particulars of the applicant have
been entered in and the photograph affixed to the C.D.C.,
affix his signature and official seal on the photograph
and issue the same to the applicant , fulfilling all
the conditions laid down in rule 4. (2) A C.D.C. issued
under these rules shall be in Form-1 and shall be serially
numbered. It shall also bear the name of the port of
issue and the distinguishing code letters of the port
as specified in the Annxure to these rules. 6. Issue
of C.D.Cs - (1) The Shipping Master shall, after the
descriptive particulars of the applicant have been entered
in and the photograph affixed to the C.D.C., affix his
signature and official seal on the photograph and issue
the same to the applicant , who fulfills all the conditions
laid down in rules 4 and 5 of these rules. (2) A C.D.C.
issued under these rules shall be in Form-1 and shall
be serially numbered. It shall also bear the name of
the port of issue and the distinguishing code letters
of the port as specified in the Annexure to these rules.
Minor changes to correct errors. 7. Register of C.D.C.s
- (1) The Shipping Master shall maintained a register
of C.D.Cs issued to seamen from his port, in Form-2,
which shall contained all the particulars recorded in
the C.D.C. (2) All subsequent entries in the C.D.Cs
issued from the port shall also be recorded in the said
Register 7. Register of C.D.C.s - (1) The Shipping Master
shall maintain a register of C.D.Cs issued to seamen
from his port, in Form-2, which shall contain all the
particulars recorded in the C.D.C. (2) All subsequent
entries in the C.D.Cs issued from the port shall also
be recorded in the said Register No Change 8. Period
of Validity. - A C.D.C. granted under these rules shall
be valid for a period not exceeding five years and may
be revalidated on expiry, on a request from the holder,
for a further period upto 5 years at a time if the holder
is a serving seamen and his C.D.C. has not been cancelled,
withdrawn or suspended under these rules (Amended as
per M.S.(CDC) amendment Rules 1995 vide NotificationG.S.R.
49(E) dated 20th January, 1995 8.(1) Period of Validity.
- A C.D.C. granted under these rules shall be valid
for a period not exceeding ten years and may be revalidated
on expiry, on a request from the holder, for a further
period upto 10 years at a time if the holder is a serving
seamen and his C.D.C. has not been cancelled, withdrawn
or suspended under these rules. (2) If the period of
validity of CDC of a seamen expires during the voyage,
diplomatic mission of India in the respective country
may renew the CDC till completion of the voyage. (3)
A recent photograph taken not earlier than the last
three months should be affixed to the CDC at the time
of renewal while retaining the old photograph. Prior
to the revision of the MS(CDC) Rules in 1993, there
was no provision of renewal of CDCs and the CDCs were
valid till retirement of the seamen. The reason for
introduction of 5 years validity of CDC is not clear
from our records. The then S.M. Mumbai had given his
views that restrictions be introduced for updating the
photograph. This Directorate has received many queries
received from diplomatic missions of India in various
countries whether in the absence of any rule provision,
a CDC of a seamen which was issued by the shipping masters
of various ports in India can be renewed. It was also
mentioned that applications from the seamen whose CDCs
were expired during voyage period have been received
by them. Ships have been detained at various ports by
the Port State Control Officers, this problem causes
inconvenience to the seamen serving on board ships as
they have to approach shipping office every five years
l amounting to harassment. Hence it is suggested that
we may amend this provision by enhancing the initial
validity period of CDC by 10 years and subsequent renewal
every 10 years. A recent photograph is required at each
renewal along with the provision to retain the old photograph
to prevent any possible misuse of the CDC and to identify
the seamen. 9. Report of desertion etc. - For the purposes
of section 192 of the Act, the proper officer shall
be the Shipping Master. 9. Report of desertion etc.
- For the purposes of section 192 of the Act, the proper
officer shall be the Shipping Master. No Change 10.
Cancellation or Suspension of a CDC- (1) Where the Director
General of Shipping is satisfied that a seamen has committed
a misconduct of a nature specified in section 190 of
the Act or on a report received by him, the Director
General is satisfied that a seamen has deserted his
ship in the circumstances specified in section 192 or
that he has been convicted of an offence of the nature
referred to in sub-section (2) of section 195 of the
Act, he may direct that the seamen’s C.D.C. shall be
cancelled, withheld or shall be suspended for a specified
period. (Amended as per M.S (CDC) amendment rules 1995
vide Notification No.G.S.R.49(E) dated 20th January,
1995) (2) If a Seamen lawfully engaged is guilty of
an offence of committing any of the acts mentioned in
section 194 of the act or is convicted of an offence
under any other law for the time being in force, the
Director General may direct that the Seamen’s C.D.C.
shall be cancelled or shall be withheld or suspended
for such period as may be specified in the direction
(3) Before cancellation or suspension or to withhold
the C.D.C., the C.D.C. holder shall be given an opportunity
to represent his case before the Shipping Master. The
Shipping Master shall also intimate the reasons of withholding/cancellation/
suspension to the C.D.C. holders if the same is decided
upon. (4) Any person aggrieved by any order of Shipping
Master for cancellation, suspension, withholding or
refusal to grant C.D.C.., he may, within 60 days of
receipt of such order by him, appeal to the Director
General of Shipping and the decision of the Director
General of Shipping on such appeal shall be final. (
Amended as per M.S. (CDC) amendment Rules 1995 vide
Notification No.G.S.R. 49(E) dated 20th January, 1995)
10. Cancellation or suspension of a C.D.C.- (1) Where
the Director General of Shipping is satisfied that a
seamen has committed a misconduct of a nature specified
in section 190 of the Act or on a report received by
him, the Director General is satisfied that a seamen
has deserted his ship in the circumstances specified
in section 192 or that he has been convicted of an offence
of the nature referred to in sub-section (2) of section
195 of the Act, he may direct that the seamen’s C.D.C.
shall be cancelled, withheld or shall be suspended for
a specified period. (2) If a seamen lawfully engaged
is guilty of an offence of committing any of the acts
mentioned in section 194 of the Act or is convicted
of an offence under any other law for the time being
in force, the Director General may direct that the Seamen’s
C.D.C. shall be cancelled or shall be withheld or suspended
for such period as may be specified in the direction
. (3) If it appears to the Shipping Master that the
holder of a CDC granted under this Act has obtained
it on the basis of false or erroneous information, he
may order to cancel or suspend such CDCs (4) Where the
C.D.C. has been cancelled or suspended as above, the
reasons for the same shall intimated to the persons
concerned and a copy of the order should endorsed to
all other Shipping Masters and the Director General
of Shipping (5) Before cancellation or suspension or
withholding the C.D.C., the C.D.C. holder shall be given
an opportunity to represent his case before the Shipping
Master. The Shipping Master shall also intimate the
reasons of withholding/ cancellation/ suspension to
the C.D.C. holders if the same is decided upon. No Change
This Directorate is receiving several reports from the
Shipping Masters that applicants are submitting fake
certificates for obtaining CDCs. Existing rules do not
provide for cancellation of such CDCs. Hence this provision
is included. Provision has also been made for appeal
to be made to the Director General of Shipping against
any order of the Shipping Master. 11 Omitted. (As per
M.S.(CDC) Amendment Rules, 1997 vide Notification No.
GSR 421 dt. 15th December 1997). 11) Appeal against
Shipping Masters Order regarding cancellation, suspension,
or refusal to grant CDC- (1) In case of rejection of
an application for issue of a CDC or cancellation or
suspension of a CDC or any other action taken by the
Shipping Master under these Rules the seafarer's is
entitled to ask for a speaking order to be issued in
writing by the Shipping Master after observing the principles
of natural justice. (2) Any person aggrieved by any
order of the Shipping Master, may, within a period of
60 days of receipt of such order by him, appeal to the
Deputy Director General of Shipping by filing an appeal
in writing. (3) Where a person who has submitted his
appeal to the Deputy Director General under sub-rule
(1) above is not, for any reason, satisfied with the
decision of the Dy.Director General of Shipping, or
since filing his first appeal, has discovered some additional
grounds which, in his opinion may have direct bearing
on the case, may appeal to the Director General of Shipping
within 60 days of being informed in writing of the Deputy
Director General of Shipping's decision in his case.
In such cases, the decision of the Director General
of Shipping on such appeal shall be final and no further
appeal/request shall be entertained by the Director
General of Shipping . New provision inserted. It is
observed from the past several years the candidates
who have been refused the issuance of CDCs by the Shipping
Masters have directly approached the court of law for
their redressal of their grievances as the CDC Rules
do not contain provision for such redressal. Hence this
provision has been incorporated. 12. Register of cancelled
C.D.C. etc - The Shipping Master shall maintain a register
of C.D.Cs which have been withheld, cancelled or suspended,
under rules 10 and 11. 12. Register of cancelled C.D.C.
etc - The Shipping Master shall maintain a register
of C.D.Cs which have been withheld, cancelled or suspended,
under Rule 10 of these Rules. No Change. 13. C.D.C.
not to be issued in certain cases - (1) No C.D.C. shall
be issued to a seaman under these rules whose application
has been rejected by a Shipping Master of one port and
the same applicant is aplying to the Shipping Master
of an other port supressing the fact. (2) Where the
request for the issue of C.D.C. is rejected, the reasons
for the same shall intimated to the personss concerned
and a copy of the order should endorsed to all other
Shipping Masters and the Director General of Shipping
13. C.D.C. not to be issued in certain cases - (1) No
C.D.C. shall be issued to a seaman under these rules
whose application has been rejected above by a Shipping
Master of one port and the same applicant is applying
to the Shipping Master of another port by suppressing
this fact. (2) Where the request for the issue of C.D.C.
is rejected, the reasons for the same shall be intimated
to the persons concerned and a copy of the order should
be endorsed to all other Shipping Masters and the Director
General of Shipping No Change (3) No CDC shall be issued
to an applicant against whom a written debarment order
or orders have been passed by a Shipping Masters unless
the said order has been set aside by the Director General
of Shipping. In cases of applicants submitting applications
with bogus documents, debarment orders are passed by
the Shipping Master which are required to be enforced
by rules. 14. Duplicate C.D.C. - Where a C.D.C. if a
serving seaman issued under these rules is mislaid destroyed
defaced or mutilated, the seaman concerned may apply
to the Shipping Master of the port concern along with
a fee of rupees five hundred to issue a duplicate copy
of the C.D.C. with all entries of previous voyages or
a summary of these recorded there. ( Amended as per
M.S.(CDC) amendment rules 1995 vide Notification No.G.S.R.No.49(E)
dated 20th January 1995.) 14. Duplicate C.D.C. - Where
a C.D.C. of a serving seaman, issued under these rules,
is mislaid, destroyed, defaced, or mutilated, the seaman
concerned may apply to the Shipping Master of the port
concerned along with a fee of rupees One thousand for
issue of a duplicate copy of the C.D.C., with all entries
of the previous voyages or a summary of these recorded
therein. Charge has been enhanced on account of inflation.
15. Returns of C.D.C. - Every Shipping Master shall,
at the beginning of each quarter furnish to Director
General a return in Form-3 off he number of C.D.Cs issued
to seamen from his port during the previous 15. Returns
of C.D.C. - Every Shipping Master shall, at the beginning
of each quarter, furnish to the Director General, a
return in Form-3 of the number of C.D.Cs issued to seamen
from his port, during the previous quarter. No change.
16. Entry on Discharge - (1) At the time of discharge,
the Seamen’s all, if he so desires, be grant Master
of the ship on which he has been serving an entry in
the C.D.C .specifying the particulars referred in sub-section
(2) of section 120 of the Act. (2) The entires made
in the C.D.C. shall be attested by the Shipping Master
of the port of discharge thereafter the C.D.C. returned
to the seamen concerned. 16. Entry on Discharge - (1)
At the time of discharge the seamen shall, if he so
desires, be granted by the Master of the ship on which
he has been serving an entry in the C.D.C, .specifying
the particulars referred in sub-section (2) of section
120 of the Act. (2) The entires made in the C.D.C. shall
be attested by the Shipping Master of the port of discharge.
Thereafter the C.D.C. shall be returned to the seamen
concerned. Correction of errors. 17. Certificates of
Discharge :- (1) A seamen may apply to the Shipping
Master of Port of the issue to him of a certificate
of discharge applicable for any specified voyage instead
of a C.D.C. (2) The certificate of discharge referred
to in sub-rule (1) shall be in form-4 (3) The provisions
of the rules (9) and (10) shall applied to certificates
of discharge issued under this rules. Deleted As all
the crew are required to possess a CDC under Section
99 of the Merchant Shipping Act, this provision in the
CDC Rules is redundant and hence deleted. (File No.
B-11015/10/92-MT ) S.N.Kakar, Jt. Secretary (File No.
…………………. ) M.Ramachandran, Jt. Secretary
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