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Union of India - Section

Section 4 in The Merchant Shipping (Recruitment And Placement Of Seafarers) Rules, 2005

4. Recruitment and placement service license .-(1) A recruitment and placement service registered in India may apply for a recruitment and placement license to the seamen's employment office concerned in Form I:

Provided that the Director shall examine the report of the inspecting authority and issue the license on authorisation by the Director-General:Provided further that the Director-General may authorise the Director to issue a license after any inspection carried out under sub-rule (3) of rule 3.
(2)A recruitment and placement service license and such number of attested copies thereof equal to the number of branch offices of the recruitment and placement service shall be issued in Form II.
(3)An application for license shall be accompanied by--
(a)a declaration in Form III;
(b)a fee for twenty thousand rupees drawn in favour of the Director concerned by way of crossed demand draft;
(c)a copy of the employment contract entered into between the employer and the seafarer;
(d)a statement of qualification and experience of the management personnel in Form VIII;
(e)[ a copy of the agreement between the recruitment and placement service and the employer or the ship owner as the case may be, in Form IX;]
(f)such number of bank guarantees as required under sub-rule (12).
(4)The contract and the agreement referred to in clause (c) and clause (e) of sub-rule (3) shall make provision for the repatriation of a stranded seafarer, his maintenance and the transportation of the mortal remains of an expired seafarer.
(5)A license shall be issued for a period not exceeding five years.
(6)An application for renewal of license shall be in Form VI and shall be accompanied by--
(a)declaration in Form III;
(b)a fee of ten thousand rupees in favour of the Director concerned by way of crossed demand draft;
(c)a copy of the employment contract entered into between the employer and the seafarer;
(d)a statement of qualification and experience of the management personnel in Form VIII;
(e)[ a copy of the agreement between the recruitment and placement service and the employer or the ship owner "as the case may be, in Form IX;] [ Substituted by G.S.R. 580(E), dated 14.9.2005 (w.e.f. 14.9.2005).]
(f)such number of bank guarantees as required under sub-rule (12).
(7)The contract and the agreement referred to in clause (c) and clause (e) of sub-rule (6) shall make provision for the repatriation of a stranded seafarer, his maintenance and the transportation of the mortal remains of an expired seafarer.
(8)An application for renewal of license shall be submitted by a recruitment and placement service before three months of the date of expiry of such license.
(9)The license issued under these rules shall not be transferable.
(10)The recruitment and placement service shall, from time to time, intimate the Director any change in the place of business within seven days of such change and apply for a fresh license on payment of a fee of five thousand rupees in the manner specified in sub-rule (3).
(11)The license shall be prominently displayed at the premises of the recruitment and placement service at a place accessible to public.
(12)The bank guarantee referred to in clause (f) of sub-rule (3) or in clause (f) of sub-rule (6) shall be in accordance with the Table below:-[TABLE
Sl.No. Number of jobs Amount of bank guarantee in Indian Rupees
1 Upto 50 5.00 lakhs
2 51 to 250 7.50 lakhs
3 251 to 500 10.00 lakhs
4 501 to 750 12.50 lakhs
5 751 to 1000 15.00 lakhs
6 1001 and above 20.00 lakhs
] [Substituted by G.S.R. 580(E), dated 14.9.2005 (w.e.f. 14.9.2005). ]
(13)The bank guarantee shall be drawn in favour of the seamen's employment office, which shall be drawn on a scheduled bank in India"> (13) The bank guarantee shall be drawn in favour of the seamen's employment office, which shall be drawn on a scheduled bank in India"> (13) The bank guarantee shall be drawn in favour of the seamen's employment office, which shall be drawn on a scheduled bank in India"> (13) The bank guarantee shall be drawn in favour of the seamen's employment office, which shall be drawn on a scheduled bank in India.
(14)A bank guarantee shall be in the denomination commensurate with the number of jobs and shall be valid at all times.
(15)In the event of any change in the number of jobs, the recruitment and placement service may furnish the requisite bank guarantee within a period of one month from the date of such change.
(16)Without prejudice to the foregoing sub-rules, the recruitment and placement service shall ensure that a seafarer with whom an employment agreement is entered into is placed on board a ship.
(17)[ In the event of any change in the agreement between the recruitment and placement service and the employer or the shipowner, as the case may be, or in the event of any new agreement with any other employer or ship owner, the recruitment and placement service shall, within seven days thereof, intimate the same to the Director along with the copy of the amended agreement, or new agreement, as the case may be.] [ Inserted by G.S.R. 318(E), dated 30.4.2007 (w.e.f. 30.4.2007).]