May 2019 – IMU NOTES

May 31, 2019May 31, 2019

All the best for IMU CET 2019

Stay calm , Question will be easy so don’t panic take your time. Here are some tips

Start with your Strongest section, that can give you a morale boost.
Don’t give much time on any difficult question, as all the questions have equal weightage.
Keep eye on time.

May 31, 2019May 31, 2019

INVESTIGATIONS AND INQUIRIES. Section 357 to 389

DEFINITION OF SHIPPING CASUALTY – Sec. 358(1)

For purposes of an investigation and inquiry, a shipping casualty shall be deemed to have occurred in the following cases :
- Any ship is lost, abandoned, stranded or materially damaged on the coasts of India.
- Any ship causes loss or material damage to any other ship on the coasts of India.
- Any loss of life occurs due to any casualty happening to or on board any ship on the coasts of India.
- Any of the above casualties occur to or on board an Indian ship at any place.
- Any evidence of an Indian ship being lost at sea is available in India

Master’s Action

On his or his ship’s arrival in India, Master shall report the incident to the officer appointed by Central government. Fine Rs.500 or simple imprisonment for 3 months for not reporting. Sec. 358(2)

If the ship is materially damaged making it unseaworthy, or if loss of life or serious injury occurs, then the owner or Master shall report the same, within 24 hours, to the nearest Principal Officer. Fine Rs.500 for not reporting. Sec. 350.

INVESTIGATING OFFICER

Following officers have been appointed by the Central government for receiving reports of and conducting a preliminary inquiry into shipping casualties :

Principal Officer / Surveyor of MMD — All casualties.
Deputy Conservator of major port — Any casualty within the docks or if the ship belongs to the port or where the pilot is on board.
Port Officer of minor port — Any casualty involving sailing vessels and fishing vessels, or involving ships within the port’s jurisdiction.
Collector of Customs — Any casualty involving sailing vessels and fishing vessels.
Officer specially appointed — Explosion or fire casualties. Sec. 388 and 389

INVESTIGATING OFFICER’S ACTION

The officer shall take following actions : Sec. 359

Inform the Central government that a casualty has occurred.• Conduct a Preliminary Inquiry (PI).
Record the statements of Master and other crew members, with their signatures, but without the presence of any other person.
Call for documents from the ship as appropriate.
Send report to Central government with one or more of the following recommendations:
- No further action.
- Warning to defaulters (No other penalty can be imposed).
- Stricture to owners.
- Issue MS Notice.
- Order Formal Investigation (FI) or Court of Inquiry (CI)
PI report is totally confidential and not given even to any court.
Copies of the statements are given to the affected persons only if the matter goes to a court.

this Article might extend in near future stay tuned

May 31, 2019May 31, 2019

Seamen and Apprentices. Section 88-218

APPRENTICE SHIP TO SEA SERVICE – Sec. 92

Contract for apprenticeship shall be in the prescribed form between the boy, or his guardian if he is a minor, and the Master or ship owner, executed in presence of the Shipping Master (SM).
who shall ensure the following :
• Boy is ≥ 15 years of age.
• He understands the contract and agrees to be bound by it.
• He is physically fit for sea service.
• If he is a minor, his guardian’s consent is obtained.

ARTICLES OF AGREEMENT

Master of a ship, other than Home Trade (HT) ship of GT < 200 tons, shall enter into an agreement with every seaman. If it is not done, fine Rs.100 per seaman. Sec. 100
It shall be signed by the owner or agent and the Master, before seaman signs it. Sec. 101(1)
At the commencement of a voyage, Master shall post a copy of the agreement and a certified translation of the same, in the language of the majority of the crew, at a readily accessible place on the ship. If this is not done, fine Rs.50. Sec. 107
Any erasure, interlineations or alteration of the agreement shall be inoperative unless it is made with the consent of the interested parties and the same is attested by the SM, customs collector or Indian Consular Officer (CO). Sec. 108

CONTENTS OF ARTICLES OF AGREEMENT – Sec. 101

Name of the ship.• Either nature and duration of the voyage or engagement, or the maximum period of the voyage or engagement, and the places of the world to which the voyage will not extend.
Number and description of the crew of different categories in each department.• Time to board the ship or to start work.
The capacity of each seaman.
Wages of each seaman.
Scale of provisions to be furnished to each seaman as fixed by the Central government.
Fine for non-compliance Rs.200.
Scale of warm clothing and additional provisions to be furnished to each seaman during periods of employment in specified cold regions.
Regulations regarding conduct of seaman and fines or other punishments for misconduct as sanctioned by the Central government.
Payment of compensation for injury or death caused by an accident arising out of and in the course of employment.
A stipulation that, if service of seaman ends at a foreign port then he shall be provided either fit employment on some other ship bound for an agreed Indian port or a free passage to India.
A stipulation that, in the event of a dispute arising out of India, on matters of the agreement, the same shall be referred to the CO and his decision shall be binding on all parties until the ship returns to the Indian discharge port.• Facilities for seaman to remit wages to a bank or near relative subject to certain conditions. Fine Rs.100 for not doing so. Sec. 131
Payment of advance ≤ 1 month’s wages. Fine Rs.100 for not providing this facility. Sec. 135(1). If a seaman fails to join or deserts the ship after receiving the advance he may be imprisoned for 1 month or fined Rs.100 or both. Sec. 135(3)
Allotment of ≤ ¾th of his wages to his family member, relative or any purpose approved by Central government. Sec. 136
Any other stipulations as may be prescribed.

May 31, 2019May 31, 2019

Registration of Indian Ships; Section 20 to 74

APPLICATION – Sec. 20

This Part applies to sea-going ships fitted with mechanical means of propulsion, except fishing vessels.

OWNERSHIP – Sec. 21

A ship shall not be deemed to be an Indian ship unless it is owned wholly by persons, each of whom satisfies the following description:

Citizen of India, or
The company, established by any Central or State Act, which has its principal place of business in India, as defined in section 3 of the Companies Act 1956, or
Co-operative society registered under the Co-operative Societies Act 1912 or any other law relating to co-operative societies in force in any State.
Company has to be registered under the said Act or any other earlier acts. It could either
be a private or a public company.
A private company —
1. • restricts right to transfer its shares,
2. • limits the number of its members to 50, and
3. • prohibits the public from subscribing for shares in it.
• A public company is one which is not a private company.• Co-operative society has to be registered with the Registrar appointed by the State government. Its objective is the promotion of the economic interests of its members in accordance with co-operative principles.

OBLIGATION TO REGISTER – Sec. 22 and 24

Every Indian ship, unless its NT ≤ 15 tons and is employed solely in navigation on the coasts of India, shall be registered with the Principal Officer of MMD.

DOCUMENTS FOR REGISTRATION – Sec. 27, 29 and 30

Following documents shall be submitted by the owner to the Registrar • Declaration of ownership containing the following information:

Particulars of the ship
When and where the ship was built.
Particulars of its previous registry.
Name of the Master and his certificate number. (Registry Rules)
The number of shares owned by the declarer.
Property of a ship is divided into maximum 10 shares and each share can be jointly owned by maximum 5 persons. Sec. 25
Signed in the presence of any one of the following : (Registry Rules)
1. Special Executive Magistrate
2. Commissioner of Oaths
3. Indian Consular Officer (CO)
Builder’s certificate containing the particulars of the ship. It is not required if the ship has been built outside India. If a false statement is made in this certificate, fine Rs.1000.
Permission of D.G. Shipping if the ship is built outside India. (Registry Rules).
Certificate of survey signed by a surveyor appointed by the Registrar, certifying the tonnage and full particulars of the ship.
Name of the ship, as proposed by the owner and approved by D.G. Shipping. (Registry Rules).
Allotment of Official number and Call sign by D.G. Shipping. (Registry Rules)

CONTENTS OF CERTIFICATE OF REGISTRY – Registry Rule

Name of the ship
Official number
No., date, and ports of present and previous registry
When and where built
Name and address of the builders
Particulars of the propulsion machinery as follows :
1. Type of propulsion
2. Number and description of engines
3. When and where manufactured
4. Name and address of the manufacturer
5. Number and diameters of the cylinders
6. Length of the stroke
7. Propulsion power
8. Estimated speed of the ship
9. Number of shafts
10. Number, description and loaded pressure of the boiler
Number of decks
Type of stem and stern
Material of construction
Number of bulkheads
Length, breadth and moulded depth amidships
GT and NT
Endorsement of change of the Master and his certificate number. Sec. 37
Name, address and occupation of each owner
Number of shares held by each owner
Number of crew for whom the accommodation is certified (Excluding Master)

Other sections

31. The entry of particulars in register book.
32. Documents to be retained by the registrar .
33. Power of Central Government to inquire into title of Indian ship to be so registered.

Then section 34 to 41 talks about “Certificate of registry”. Then from 42 to 54 section talks about “Transfers of ships, shares, etc.”. Then Section 55 is about ” Rules as to name of ship.” Section 56 – 62 is about “Registry of alterations, registry anew and transfer of registry “

63-67 – National character and flag

68-74 – Miscellaneous

May 31, 2019May 31, 2019

IMPORTANT DEFINITIONS – Sec. 3

Distressed seaman – Seaman engaged under this Act who, by reason of having been discharged or left behind from, or shipwrecked in, any ship at a foreign place is in distress at that place.

Fishing vessel-Means a vessel fitted with mechanical means of propulsion, exclusively engaged in sea fishing for profit.

Foreign-going ship – Ship, not being a home-trade ship, employed between any Indian and foreign ports, or between foreign ports.

Home-trade Ship – Ship of GT ≤ 3000 tons employed between Indian ports, or between Indian port and port in Sri Lanka, Maldives Islands, Malaysia, Singapore or Myanmar.

Indian ship –Ship registered in India.

Master-Any person, except pilot or harbor master, having command or charge of the ship.

Owner-Person to whom the ship or a share in the ship belongs.

Passenger- Any person on board who is not employed in any capacity, and a person who is on board due to a force of circumstances which could not be prevented by the Master or charterer, and a child < 1 year age.

Passenger ship –A ship carrying > 12 passengers.

Sailing vessel – Means any vessel provided with sufficient sail area for navigation by sails alone, whether or not fitted with mechanical means of propulsion, including a rowing boat, but not a pleasure craft.

Sea-going ship – Ship proceeding to the sea beyond inland waters or beyond waters declared to be smooth or partially smooth by the Central government notification.

Seaman – Every person, except a Master, pilot or apprentice, employed as a member of a ship’s crew. It includes the Master in relation to sections 178 to 183 of the Act dealing with the protection of seaman in respect of litigation.

May 30, 2019May 30, 2019

CMI(The Comité Maritime International)

The Comité Maritime International (“CMI”) is the oldest organization in the world that is exclusively concerned with the unification of maritime law and related commercial practices.
It is a not-for-profit international organization established in Antwerp in 1897, the object of which is to contribute by all appropriate means and activities to the unification of maritime law in all its aspects.
To this end, it shall promote the establishment of national associations of maritime law and shall cooperate with other international organizations.”
The CMI has an Executive Council comprising officers and councilors from around the world. Its members are 56 National Maritime Law Associations, with memberships ranging from 10 to 3,600.
They include lawyers, commercial men, and women in the shipping and cargo industries, insurers and brokers, and bankers, amongst others.

The International Maritime Committee, or the Comite Maritime International as it is now known, was inaugurated in 1897 with Charles Le Jeune as its first President. The basic concept of the founders of the C.M.I. cannot be better expressed than in Louis Franck’s own words-

“Our object was to give to the sea, which is the natural tie between the nations, the benefit of a uniform law, which will be rational, deliberated, equitable in its inception and practical in its text. We have considered that in our work, the shipowner, the merchant, the underwriter, the average adjuster, the banker, the parties directly
interested should have the leading part: that the task of the lawyer was to discern what in this maritime community was a general feeling, which, among these divergent interests, is common to all; to discern also which of the various solutions ” is the best; to contribute to the common work his science and his experience, but that ultimately the a lawyer should hold the pen and that the man of practice should dictate
the solution.”

May 30, 2019May 30, 2019

World Health Organization (WHO)

The World Health Organization (WHO) is a specialized agency of the United Nations that is concerned with international public health. It was established on 7 April 1948 and is headquartered in Geneva, Switzerland. The WHO is a member of the United Nations Development Group. Its predecessor, the Health Organisation, was an agency of the League of Nations.

The constitution of the World Health Organization had been signed by 61 countries on 22 July 1946, with the first meeting of the World Health Assembly finishing on 22 July 1946.

May 30, 2019May 30, 2019

ITF (International Transport Worker’s Federation)

The International Transport Workers’ Federation (ITF) is a democratic global union federation of transport workers’ trade unions, founded in 1896. In 2017 the ITF had 677 member organizations in 149 countries, representing a combined membership of 19.7 million transport workers in all industrial transport sectors: civil aviation, dockers, inland navigation, seafarers, road transport, railways, fisheries, urban transport and tourism.

May 30, 2019May 30, 2019

International Labour Organization (ILO)

The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social justice and promote decent work by setting international labour standards.

It was the first specialized agency of the UN. The ILO has 187 member states: 186 of the 193 UN member states plus the Cook Islands are members of the ILO.

The tripartite structure is unique to the ILO where representatives from the government, employers, and employees openly debate and create labor standards.

The Office employs some 2,700 officials from over 150 nations at its headquarters in Geneva, and in around 40 field offices around the world. Among these officials, 900 work in technical cooperation programs and projects.

The main aims of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues.

May 30, 2019May 30, 2019

Port state control Inspection

• Practically it is not very simple to define a substandard ship solely by reference to a list of qualifying defects.
• The Surveyor has to exercise his professional judgment to determine whether the ship is to be detained until the deficiencies are corrected or allowed to sail with certain deficiencies which are not vital to the safety of the ship, its crew or passengers, having regard to the particular circumstances of the intended voyage.

• Parties may undertake an inspection based on their initiative or at the
the request of, or on the basis of information provided regarding a substandard ship by another party, professional body, port authorities or even a member of the crew of the ship. The Surveyor boards the ship and after introduction to the Master proceeds to examine the various certificates regarding their validity, annual endorsements and any outstanding deficiencies or condition of class.

• The Surveyor ensures, that various provisions stated in the IMO Conventions regulations are maintained up-to-date and in case of any defect, he may not allow the ship to sail till the deficiencies are corrected.
• In the event of a dispute, the onus of providing that undue delay was not caused rests with the Port State is Administration. In case intervention by Port State is necessary and the vessel is detained due to serious deficiencies the Administration is required to inform the Embassy/Consulate of the Flag State and Classification Society with which the vessel is classed.

• In due course this information along with a list of deficiencies is also to
be conveyed to the International Maritime Organization for further
action.
• IMO, in turn, scrutinizes the Information and forward the same to the
concerned Flag State for removing deficiencies in future.
• The report received from the Maritime authorities around the world
regarding Indian vessels are checked by the Maritime Administration
of the country and suitable steps are taken up to improve the overall
deficiency of the ship in consultation with the respective shipping
companies.

More detailed inspection

• A more detailed inspection will be carried out whenever there are clear grounds for believing, during an inspection, that the condition of the ship or of it’s equipment or crew does not substantially meet the relevant requirements of a relevant instrument.
• Clear grounds exist when a Port State Control Officer finds evidence, which in his/her professional judgement warrants a more detailed inspection of the ship, its equipment or its crew.
• The absence of valid certificates or documents is considered a clear ground.