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Sunday, July 7, 2024

DGS Help Desk

 DGS Help Desk

Transition for Indian Navy Personnel to Merchant Navy

The Directorate General of Shipping (DGS), under the Ministry of Ports, Shipping and Waterways, issued DGS Order No. 17 of 2022 on June 20, 2022. This order established 16 transition schemes to facilitate a smoother transition for retiring Indian Navy personnel into the Merchant Navy.

Here's a breakdown of the key features of DGS Order No. 17 of 2022:

Objective:

  • Bridge the gap between the skills and experience of Indian Navy personnel and the requirements for working on merchant ships.
  • Leverage the valuable training and experience of retiring Navy personnel to address the growing demand for qualified officers in the Merchant Navy.

Key Features:

  1. Recognition of Navy Training and Experience:

    • The order acknowledges the high standards of training and experience acquired by Indian Navy personnel.
    • It allows for the acceptance of Navy-provided training certificates, reducing the need for additional courses in the Merchant Navy.
    • Sea service experience gained on Indian Naval ships or cargo ships is recognized based on a certificate issued by the Indian Navy.
  2. Transition Schemes:

    • The order outlines 16 distinct transition schemes tailored to different officer ranks and specializations within the Navy.
    • These schemes specify the specific training courses and assessments required for each rank to obtain the necessary Merchant Navy Certificates of Competency (CoC).
    • The training requirements consider the overlapping skillsets between Navy roles and Merchant Navy positions.
  3. Streamlined Certification Process:

    • DGS Order No. 17 of 2022 aims to expedite the certification process for transitioning Navy personnel.
    • It allows for recognition of relevant Navy training modules that fulfill specific competency requirements for Merchant Navy CoCs.
    • This reduces the number of additional training courses needed and expedites the overall transition process.
  4. Focus on Safety and Competency:

    • While streamlining the process, the order prioritizes safety and ensures transitioning personnel meet all competency standards mandated by the International Maritime Organization (IMO) under the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Convention.
    • This ensures Merchant Navy vessels continue to operate at the highest safety standards.
  5. Benefits for the Merchant Navy:

    • The order allows the Merchant Navy to tap into a pool of highly skilled and experienced personnel from the Indian Navy.
    • This can help address the shortage of qualified officers in the Merchant Navy, especially for senior positions.
    • The influx of experienced personnel can contribute to improved safety and efficiency in the Indian maritime industry.

Additional Considerations:

  • The specific details of each transition scheme, including required training courses and assessments, are outlined in the DGS order document.
  • The order likely references specific Indian Navy training modules and Merchant Navy CoCs. Consulting the full order or contacting the DGS for further details is recommended.
  • While the order streamlines the process, there may still be additional training and assessments required depending on the transitioning personnel's rank and specialization.

Protection and Indemnity (P&I) insurance

 Maritime PI insurance, also known as Protection and Indemnity (P&I) insurance, is designed to protect shipowners, operators, and charterers from a wide range of third-party liabilities arising from the operation of their vessels. Here are some of the key coverages typically included:

  • Third-party liabilities: This covers legal costs and compensation for injuries or death to crew, passengers, and others on board, as well as dockworkers, pilots, and anyone else affected by the vessel's operation.
  • Cargo loss or damage: P&I insurance can cover the cost of compensating cargo owners for loss or damage to their cargo while in transit.
  • Collision and property damage: This covers the cost of repairs or compensation for damage caused by the vessel to other ships, docks, buoys, and other fixed or floating objects.
  • Pollution liabilities: P&I insurance is crucial for covering the costs associated with oil spills, hazardous material releases, and other pollution incidents. This includes cleanup costs, fines, and penalties imposed by regulatory bodies.
  • Wreck removal: The cost of removing a wrecked vessel from navigable waters can be significant. P&I insurance can help cover these expenses.
  • Fines and penalties: Legal defense costs and fines imposed for regulatory violations can be covered by P&I insurance.
  • Crew repatriation and substitution: The cost of repatriating injured or sick crew members and finding replacements can be covered.

It's important to note that P&I policies are not standardized. Each policy is tailored to the specific needs of the insured and the type of vessel they operate. The specific coverages and exclusions will be outlined in the policy details.

Here are some additional points to consider:

  • P&I insurance typically works on an "indemnity" basis, meaning the insurer will only reimburse the insured for what they are legally obligated to pay.
  • P&I Clubs, which are mutual associations of shipowners, are a common provider of P&I insurance. These clubs offer a wider range of services beyond just insurance, such as legal advice and loss prevention assistance.

SECTIONS OF ISM CODE

 The ISM Code (International Safety Management Code) is divided into two main parts: Part A and Part B. Here's a breakdown of the sections in sequence:

Part A: Mandatory Requirements for Safe Operation of Ships and for Pollution Prevention (14 sections)

  1. Safety and Environmental Protection Policy - Establishes the company's commitment to safety and environmental protection.
  2. Company Responsibilities and Authority - Defines the roles and responsibilities of the company for implementing the ISM Code.
  3. Designated Person(s) Shore Based - Identifies a shore-based manager responsible for the Safety Management System (SMS).
  4. Master's Responsibility and Authority - Outlines the master's duties and authority regarding safety and environmental protection onboard.
  5. Resources and Personnel - Ensures the company has qualified personnel and resources to operate the ship safely.
  6. Shipboard Operations - Covers procedures for safe navigation, cargo handling, maintenance, and communication.
  7. Emergency Preparedness - Establishes procedures for responding to emergencies like fires, pollution incidents, and medical emergencies.
  8. Reporting of Accidents and Hazardous Occurrences - Requires reporting accidents, near misses, and non-conformities for investigation and improvement.
  9. Maintenance of the Ship and Equipment - Defines procedures for maintaining the ship's equipment and machinery in a safe condition.
  10. Documentation - Establishes procedures for creating and maintaining documents related to the SMS.
  11. Company Verification, Review and Evaluation - Requires the company to conduct internal audits to verify the effectiveness of the SMS.
  12. Non-conformity, Corrective Action and Preventive Action - Defines procedures for identifying and addressing non-conformities with the SMS.
  13. Training - Ensures crew members receive proper training in implementing the SMS and their safety roles.
  14. Ready Availability of SMS - Requires the SMS to be readily available onboard for reference by crew members.

Part B: Guidance for ISM Code Certification and Verification (4 sections)

  1. Certification Issuance - Provides guidance for authorities issuing Safety Management Certificates.
  2. Verification of Compliance - Defines procedures for verifying the company's compliance with the ISM Code.
  3. Control Measures - Outlines measures to be taken if a company is not in compliance with the ISM Code.
  4. Form of Safety Management Certificate - Specifies the format of the Safety Management Certificate issued to compliant companies.

Parts of Merchant Shipping Act

 The Merchant Shipping Act, 1958 of India is a comprehensive legislation that governs the operation of merchant ships in India. It is divided into 24 parts, each dealing with a specific aspect of merchant shipping. Here's a list of the parts:

  • Part I: Preliminary This part deals with the introduction of the Act, its commencement, and its application.

  • Part II: National Shipping Board This part deals with the establishment, functions, and powers of the National Shipping Board.

  • Part III: General Administration This part deals with the appointment of the Director-General of Shipping, the Mercantile Marine Department, surveyors, radio inspectors, shipping offices, and seamen's employment offices.

  • Part IV: Omitted

  • Part V: Registration of Indian Ships This part deals with the registration of Indian ships, including the procedure for registration, the certificate of registry, and the transfer of ownership of Indian ships.

  • Part VI: Control of Indian Ships This part deals with the control of Indian ships, including the appointment of the master, the engagement of crew, and the discipline on board Indian ships.

  • Part VII: Manning of Ships This part deals with the classification of seamen, the minimum manning scales for different types of ships, the engagement and discharge of seamen, and the payment of wages.

  • Part VIII: Safety This part deals with the safety of ships and navigation, including the construction of ships, the prevention of collisions, life-saving appliances, fire appliances, radiotelegraph and radiotelephone installations, signaling lamps, stability information, safety certificates, load lines, and the carriage of dangerous goods.

  • Part IX: Carriage of Passengers and Cargo This part deals with the carriage of passengers and cargo by sea, including the liabilities of shipowners, the issuance of bills of lading, and the limitation of shipowners' liability.

  • Part X: Pilotage This part deals with the regulation of pilotage services in India.

  • Part XI: Liability for Damage This part deals with the liability of shipowners for damage caused by ships.

  • Part XII: Marine Insurance This part deals with marine insurance.

  • Part XIII: General Provisions Regarding Wrecks and Salvage This part deals with the investigation of wrecks and salvage operations.

  • Part XIV: Control of Pollution This part deals with the prevention and control of pollution of the sea by oil from ships.

  • Part XV: Legal Proceedings This part deals with the legal proceedings under the Act.

  • Part XVI: Special Courts This part deals with the establishment of special courts for the trial of offenses under the Act.

  • Part XVII: Fees This part deals with the fees chargeable under the Act.

  • Part XVIII: Miscellaneous This part deals with miscellaneous provisions of the Act.

  • Part XIX: Savings This part deals with the savings of certain enactments.

  • Part XX: Repeals This part deals with the repeal of certain enactments.

  • Part XXI: Transitional Provisions This part deals with the transitional provisions of the Act.

  • Part XXII: Short Title and Commencement This part deals with the short title and commencement of the Act.

Monday, February 1, 2021

Extension of Ship’s Statutory Certificates

 DGS, Order No. 04 of 2021 Reg Extension to the validity of Ship’s Statutory Certificates, Periodical Surveys and Audits in view of COVID-19 pandemic.

1. Reference to DGS Order No. 23 of 2020 & DGS Order No. 34 of 2020 in respect of extension to the validity of Ship’s Statutory Certificates, Periodical Surveys and Audits in view of COVID-19 pandemic.

2. Vide DGS Order No. 23 of 2020, Administration had granted extension to the validity of statutory certificates to ships whose statutory surveys were expiring between 1st September 2020 and 31st October 2020.

3. Subsequently, the Directorate, vide DGS Order No. 34 of 2020, had extended the extensions granted under DGS Order No. 23 of 2020 till 31st December 2020.

4. The Directorate, vide DGS Order No. 04 of 2021, has now decided to extend the extensions granted under DGS Order No. 23 of 2020 till 31st March 2021 subject to fulfilling following additional conditions:

a. Docking Surveys extension will only be granted upon submission of a firm Stemming Agreement with the dry dock, other conditions remain the same as per DGS order 23 of 2020. No further extension will be granted if the dock fails to adhere to the agreed / commitment date as per the stemming agreement.

b. In-case of all those vessels where an extension has already been obtained after submission of firm stemming agreement, no further extension will be considered unless valid reasons are furnished by the applicant towards the change in the stemming date. Also, the period of further extension sought will be within the maximum period considered under DCS Order 23 of 2020.

c. Owners sighting non-availability of BWM Management system complying with D-2 standard or delay in receiving from the supplier as the reason for getting DS extension will not be considered. In such circumstances of delay in receiving the BWM System, the owners must complete the dry-docking surveys of the vessel and will be permitted to operate the vessel on Indian coast only with compliance to D-1 standard of BWM System.

d. No extension will be granted for Annual Surveys and Intermediate/Renewal SMC Audits/MLC Inspections unless the mail correspondence between the Owner and RO can demonstrate that due-diligence was carried out to complete these surveys/audits/inspections well in advance, that is, at-least 3-months prior to expiry date/window-range date and no RO

Surveyor could board due to lock-down/travel restriction.

e. Any request for extension beyond the maximum period indicated in DGS Order 23 of 2020 will only be considered under exceptional circumstances on a case to case basis, and will be based upon a satisfactory inspections / trials / structural assessment with regard to the type and age of the vessel, as decided between the RO and Directorate. In-case of any request under this clause, the owner is to undertake that the vessel will operate only in Indian coast.

5 .All other requirements/ conditions as per DGS Order No. 23 of 2020 remains the same.

6.Ship owners/ operators and managers of Indian flagged ships contemplating delay in carrying out mandatory periodical

surveys, audits and inspections due to the COVlD-19 situation are advised to be guided by above and act accordingly

DGS Help Desk

  DGS Help Desk