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Industry Specific-Maritime Laws Central Ministry of Law and Justice Merchant Shipping Act, 1958

Penalty for violation of the minimum safe manning requirement on a vessel

06-May-2022 | F. No. 25-10501 1/27/2021-NT-DGS

The Directorate General of Shipping vide an Order has released a set of penalties for violation of the minimum safe manning requirement on a vessel. A Minimum Safe Manning Document (MSMD) is provided to all ships and accordingly, all vessels must be staffed. A ship that is not manned in accordance with the applicable Minimum Safe Manning Document (MSMD) adversely affects the vessel's safety, security, safe navigation, operations at sea/port, prevention of human injury or death, avoidance of damage to the marine environment and property, and the welfare and health of seafarers by avoiding fatigue. Also, the following are provisions that will apply to the violation of the minimum safe manning requirement: 1. In Indian waters, any Indian flag vessel caught intentionally breaking the MSMD regulations would be detained for up to one month. 2. Any legislative requirement infringement should not result in the corporation profiting from it. As a result, earnings saved during the period of MSMD violation will be remitted to the Central Government via the Bharat Kosh payment mechanism. 3. The Central Government would be paid three times the highest BASIC WAGES for the period that the vessel was undermanned via the Bharat Kosh payment mechanism. 4. In addition, the vessel will be required to pay INR 8,00,000/- in fees for government-conducted miscellaneous surveys and inspections. 5. The master/owner/operator/charterer may also face legal action under the applicable statutes. The final decision on the above-mentioned provisions will be of The Principle Officer of the jurisdictional Mercantile Marine Department. For further details, refer to the attachment.

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