Section 12 in The Merchant Shipping (Maritime Labour) Rules, 2016
12. Repatriation.
(1)The ship owner shall provide financial security in the manner as specified by Director General of Shipping, to ensure that seafarers are duly repatriated in accordance with the provisions of this rule.(2)The ship owner shall ensure that seafarer on their ships are repatriated in the following circumstances without any cost to the seafarers, namely.-(a)if the seafarers' employment agreement expires ;(b)when the seafarers' employment agreement is terminatedi. by the ship owner; orii. by the seafarer;for justified reasons, as per collective bargaining agreement/seafarer employment agreement; and also(c)when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances, as per collective bargaining agreement/seafarer employment agreement;(d)on compassionate grounds as per collective bargaining agreement/seafarer employment agreement;(e)in the event of their abandonment.Explanation. - For the purposes of this clause, a seafarer shall be deemed to have been abandoned where, in violation of the requirements of the Act or these rules or the terms of the seafarers' employment agreement, the ship owner.-(a)fails to cover the cost of the seafarer's repatriation; or(b)has left the seafarer without the necessary maintenance and support (including adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and necessary medical care); or(c)has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual wages for a period of at least two months.(3)The ship owner shall ensure that there are appropriate provisions in collective bargaining agreements, specifying.-(a)the circumstances in which seafarers are entitled to repatriation in accordance with the provisions of clauses (b) and (c) of sub-rule (2);(b)the maximum duration of service periods on board following which a seafarer is entitled to repatriation - which shall be less than twelve months; and(c)the precise entitlements to be accorded by ship owners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by ship owners.(4)The ship owner shall not make any provision requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the wages of seafarers or other entitlements except where the seafarer has been found, as per the applicable collective bargaining agreements, to be in default of the seafarer's employment obligations.(5)Nothing contained in this rule shall prejudice any right of the ship owner to recover the cost of repatriation under third-party contractual arrangements.(6)Each ship owner shall make available to seafarers, a copy of the applicable provisions regarding repatriation in English.(7)If a ship owner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated-(a)the Director General of Shipping shall arrange for repatriation of the seafarers concerned or the country from which the seafarers are to be repatriated or the country of which they are a national may arrange for their repatriation and in all such cases the cost shall be recovered from the financial security referred to in sub-rules (1) and (12) of rule 12;(b)the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in sub-rule (4).(8)Taking into account the applicable international instruments, including the International Convention on Arrest of Ships, 1999, the Director General of Shipping who has arranged the cost of repatriation pursuant to this rule may detain, or request the detention of, the ship of the owner of the concerned ship until the reimbursement has been made in accordance with clause (c) of sub-rule (7);(9)Director General of Shipping shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, and their replacement on board;(10)In particular, the right of repatriation to any seafarers shall not be refused due to financial circumstances of the ship owner or for the inability of the ship owner or unwillingness to replace a seafarer.(11)Ship owner shall ensure that the copy of these rules are carried and are available on board to the seafarers.(12)Every ship to which these rules apply shall carry a certificate or other documentary evidence of financial security issued by the financial security provider and a copy of the same shall be posted in a conspicuous place on board where it is available to the seafarers. Where there is more than one financial security provider, the document provided by each provider shall be carried on board.(13)The certificate or documentary evidence of financial security shall contain the information as required in Form 1.(14)Financial security system shall be sufficient to cover the following, namely.-(a)outstanding wages and other entitlements due from the ship owner to the seafarer under the employment agreement, the relevant collective bargaining agreement, limited to four months of any such outstanding wages and four months of any such outstanding entitlements;(b)all expenses reasonably incurred by the seafarer, including the cost of repatriation referred to sub-rule (15);(c)the essential needs of the seafarer including such items, namely, adequate food, clothing where necessary, accommodation, drinking water, essential fuel for survival on board the ship, necessary medical care and any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer's arrival at home.(15)Cost of repatriation shall cover travel by appropriate and expeditious means, normally by air, and include provision for food and accommodation of the seafarers from the time of leaving the ship until arrival at the seafarer's home, necessary medical care, passage and transport of personal effect and any other reasonable costs or charges arising from the abandonment.(16)The financial security shall not cease before the end of the period of validity of the financial security.(17)If the providers of financial security has made any payment to any seafarers in accordance with the provisions of these rules, such provider shall, up to the amount it has paid and in accordance with the applicable law, acquire by subrogation, assignment or otherwise, the right which the seafarers would have enjoyed.
