Section 2(1) in The Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016
(1)In these rules, unless the context otherwise requires,-(a)"Act" means the Merchant Shipping Act, 1958 (44 of 1958);(b)"advisory board" means the advisory board referred to in clause (a) of sub-section (3) of section 95 of the Act ;(c)"collective bargaining agreement" means,-(i)an agreement signed, from time to time, between the seafarers' trade unions and the Indian ship owners for employment of seafarers on board Indian flag ships; or(ii)an agreement signed between the concerned trade unions and employers for an employment on board foreign flag ships, which is in conformity with the laws of the flag State concerned;(d)"Director" means the Director of the seamen's employment office concerned, established under section 12 of the Act or any other officer authorised by the Director-General in this behalf;(e)"employer" means any person who assumes the responsibility of employing seafarer for,-(i)himself; or(ii)any other person in respect of a ship and who has agreed to take over all such duties and responsibilities as of the owner:Provided that where any recruitment and placement service does not disclose the name and details of the employer to the seafarer, whilst entering into the employment contract, such recruitment and placement service shall assume the entire responsibility of the employer or ship owner in this respect;(f)"Form" means a form appended to these rules;(g)"Inspecting authority" means any officer subordinate to the Director-General or any other person or body of persons professionally competent to carry out an inspection and authorised by the Director-General, in this regard;(h)"licence" means recruitment and placement service licence issued under sub-rule (1) of rule 10 of these rules;(i)"recruitment and placement service" means any 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.(j)"ship owner" means(a)the owner of the ship registered under the Act as an Indian flag ship; and(b)any organisation or any person such as a manager, agent or bare-boat charterer, other than the Indian flag ship, who has assumed the responsibility for the operation of the ship from such owner and who or which, on assuming such responsibility takes over all the duties and responsibilities of such owner regardless of whether any other organisations or persons fulfil certain duties or responsibilities on behalf of the ship owner.
