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Union of India - Section

Section 8 in The Merchant Shipping (Recruitment And Placement Of Seafarers) Rules, 2005

8. Transitional provision .-Notwithstanding anything contained in the foregoing rules, a person, company, institution, agency or other organisation in the public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers may obtain a license [on or before 31st December, 2006] from the date of commencement of these rules:

Provided that a person, company, institution, agency or other organisation in the public or private sector may continue to function as such till such person, company, institution, agency or other organization obtains a license under these rules.FORM IApplication For Recruitment And Placement Service License[See rule 4(1)]
1. Name
2. Status (person/company/institution/agency or other organisation
3. Date of incorporation
4. Name, designation and address of the authorised signatories
5. Telephone Number
6. Fax Number
7. Website and e-mail id.
8. (a) Registered Office Address
  (b) Address of all branches
9. Whether the office is owned/leased/hired
10. Residential address of the authorized signatories
11. Name and address of all the Bankers
12. Permanent income-tax number & GIR No., if applicable (enclose a copy of the previous years' income-tax returns)
13. Details of Business during the last five years- enclose Profit and Loss Account& Balance sheet
14. Experience, if any, in recruitment of seafarer, number of years
15. Whether any authorised signatory has been associated with any recruiting agency in the past if so, give details.
16. If previously in the business of recruitment of seafarers total number of seafarers deployed year-wise, country-wise and category-wise during the last five years.
17. Whether there are any complaints pending in respect of seafarers recruited, if so, details thereof.
18. Whether there is any criminal or civil case pending in any court. If so, details thereof.
19. Whether any authorised signatory has been convicted. If so, details thereof.
20. Total number of agreements/contracts with employer with details thereof
21. Number of seafarers proposed to be recruited.
22. Other Shipping related activities carried out, if any.
UndertakingI/we undertake that all that are stated above are true and correct to the best of my/our knowledge, information and belief and in the event of any of the information furnished above is found false or incorrect in any respect, I/we shall abide by any decision of the Director, seamen's employment office.Date..................................................................Name and designation of the applicantSealList of enclosures
(i)Prescribed fee
(ii)Agreement with the ship owner/employer
(iii)Copy of certificate of incorporation
(iv)Profit and Loss Account & Balance sheet for last five years
(v)Certificate of the assets and liabilities by a chartered accountant
FORM-IIRecruitment And Placement Service Licence[see rule 4 (2)]
1. Name of the Recruitment and Placement Service __________________________________
2. Address of the registered office __________________________________
3. Address of branch(s) __________________________________
4. Status (person/company/institution/agency or other organization.) __________________________________
5.License number __________________________________
This is to certify that the ......................... has presented the requisite documents and has complied with the procedures prescribed under rules 3 and 4 of the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2005.Subject to the conditions referred to in the rules, and unless the licence is suspended or withdrawn in writing, this licence is valid from...........to.........Date............................................................................................Signature of the Director,Seamen's Employment OfficeStamp & SealFORM IIIDeclaration[see rules 4(3)(a) and 4(6)(a)]I/We, person/company/institution/agency or other organisation of...............hereby declare that
(i)I/ We shall conduct the business at.................;
(ii)I/We shall carry out the business during the period of the validity of the licence;
(iii)I/We shall conduct the business under signatures and seal of the authorised signatories;
(iv)I/We shall not transfer the licence;
(v)I/We shall display the licence at a place accessible to public in the registered office and also the attested copy of the licence at a place accessible to public in the branch Office;
(vi)I/We shall not charge any fee from the seafarers for the purpose of recruitment or for providing employment;
(vii)I/We shall maintain the following permanent records at the Registered Office as under:
(a)[ a register of name and address of seafarers, employed or placed on board by me/us;] [Substituted by G.S.R. 318 (E), dated 30-4-2007 (w.e.f. 30-4-2007).]
(b)a register containing charges for travel documents, medical examination etc. collected from the seafarers;
(c)bio-data (giving full particulars including name, address, age, skill, experience and address of next of kin) of each seafarer recruited;
(d)copies of employment contracts of each seafarer;
(e)originals of all MoUs/contract/agreements with the employers;
(f)all documents relating to recruitment of seafarers, including office copies of all advertisement issued, letters of interviews, where applicable, and correspondence with applicants, original award sheet leading to the selection, names and addresses of persons involved in the selection process, copies of letters of appointments and other particulars, etc, for a minimum period of five years.
(g)a register of claims for compensation for injury or details of death of the seafarers alongwith the details of the next of kin of the seafarer, passport number, country of employment, nature of injury or death, as the case may be, date of accident, name and address of the employer and the details of compensation paid;
(h)such other records as may be required to be maintained;
(viii)I/We shall furnish a monthly report of the preceding month by the 10th of the succeeding month;
(ix)I/We shall not charge the repatriation expenses from the seafarer in the event of his being stranded and also will not charge for transportation of the mortal remains of a dead seafarer;
(x)I/We shall ensure that all seafarers recruited are in possession of valid documents for the job for which they are recruited (i.e. Passport, Visa, CDC, COC, required qualification certificates etc.)
(xi)I/We shall ensure that all ships on which seafarers are recruited and placed are covered adequately by the P&I insurance
(xii)I/We shall ensure that all seafarers recruited and placed with the ship owners are adequately covered by insurance coverage.
(xiii)I/We ensure that all the personnel in our office are adequately trained and have relevant knowledge of the maritime industry.
(xiv)I/We declare that I/we are not convicted under any law and that no criminal proceedings are pending.
(xv)I/We declare that I/we have valid contracts with all ship owner's/agent's for whom we recruit seafarers.
(xvi)I/We shall ensure that all rights of seafarers will be duly protected and all seafarers shall enter into valid contracts of employment and sign article of agreements.
I/We declare that to the best of my/our knowledge, belief and information the above particulars are correct and complete. I/We am/are aware that any false statement or information shall render the application cancelled.Date.......................................................................Signature of person/company/institution/agency or other organisation[FORM IV] [Substituted by G.S.R. 318 (E), dated 30.4.2007 (w.e.f. 30.4.2007) ]Report To Be Forwarded To Director, Seamen's Employment Office, By The Recruitment And Placement Services(See rule 5 (1)(h)]
1. Name of the Recruitment and Placement Service         License No.  
2. Period of License   From   To    
3. Details of Seafarers engaged during the quarter    
Sl.No. Name of Seafarer CDC No. Rank Date of Engagement Date of Disengagement Name of Vessel Date of Signing on Date of Signing off Period of Contract Flag