ONBOARD COMPLIANT PROCEDURE ON INDIAN SHIPS AS PER MLC-2006

ONBOARD COMPLIANT PROCEDURE ON INDIAN SHIPS AS PER MLC-2006

AS PER MLC 2006 ALL SHIP OWNERS HAS A FORMAL ONBOARD COMPLIANT PROCEDURE SYSTEM WHICH SHOULD DESIGNED TO RESOLVE COMPLAINTS AT LOWEST LEVEL AND DOES NOT PREVENT A SEAFARER TO MAKE A COMPLIANT DIRECTLY TO THE MASTER,SHIP OWNER OR DIRECTOR GENERAL OFFICE IF NECESSARY

THE COMPLIANT SYSTEM SHOULD SAFEGUARD AGAINST VICTIMIZATION AND COMPLIANT MUST ACCOMPANIED OR REPRESENTED DURING THE PROCEDURE

THE COMPLIANT ADDRESSED TO HEAD OF THE DEPARTMENT OR SUPERIOR OFFICER AND THE COMPLIANT DEALT WITHIN 3 DAYS IF NOT RESOLVED REFERRED TO THE MASTER.  MASTER TO BE DEALT WITHIN 7 DAYS.  WITH RECORD AND COPY TO SEAFARER

ALL COMPLAINTS AND DECISIONS ON THE COMPLIANCE SHALL BE RECORDED IN OFFICIAL LOG BOOK AND A COPY OF THE DECISION TAKEN ,IN EVERY CASE SHALL BE PROVIDED TO THE SEAFARER BY RESOLVING AUTHORITY.CONTACT DETAILS OF THE SHIP OWNER  FOR RESOLVING COMPLAINTS AND ADDRESS OF GRIEVANCE REDRESSAL MECHANISM FOR INDIAN SEAFARERS SHOULD BE AVAILABLE ONBOARD

IF NOT RESOLVED ONBOARD, REFEREED TO THE SHIP OWNER OR HIS REPRESENTATIVE WHERE TO BE RESOLVED WITHIN ONE MONTH.(ON RECEIPT OF COMPLIANT) FOR RESOLVING THE SHIP OWNER CAN USE THE ASSISTANCE OF THE COMMITTEE  SETUP FOR IT AND COMPRISING THE SEAFARERS UNION ALSO

IF THE COMPLIANT OF THE SEAFARER IS NOT RESOLVED BY OWNER/MANAGER WITHIN 1 MONTH. THE SEAFARER HAVE THE RIGHT TO APPROACH THE COMPETENT AUTHORITY THROUGH THE GRIEVANCE REDRESSEL MECHANISM SET UP BY DIRECTOR GENERAL OF SHIPPING INDIA

A SEAFARER ON BOARD VESSEL AT FOREIGN PORT IN BETWEEN A VOYAGE HAVE RIGHT TO SEPARATELY REPORT HIS COMPLAINTS TO THE AUTHORIZED OFFICER AT THAT PORT UNDER THE MLC ONSHORE SEAFARER COMPLAINT  HANDLING PROCEDURE

ANY SEAFARER MAY SUBMIT HIS GRIEVANCE ,IN WRITING TO THE JURISDICTIONAL DESIGNATED GRIEVANCE OFFICERS APPOINTED BY DG SHIPPING AFTER TAKING UP THE SAME WITH HIS COMPANY OR MANAGERS, ALONG WITH COPY OF HIS COMPLIANT AND REPLY RECEIVED.THE GRIEVANCE FORMALLY REGISTERED AND RECORDED AND THEN AN ACKNOWLEDGEMENT AND REGISTRATION NO. IS ACKNOWLEDGED TO SEAFARER THROUGH SPEED POST WITHIN THREE WORKING DAYS OF THE RECEIPT OF THE GRIEVANCE. THE DESIGNATED GRIEVANCE REDRESSEL OFFICER MAY TRANSFER SUCH GRIEVANCE NOT UNDER HIS JURISDICTION TO THE CONCERNED OFFICER WITHIN THREE DAYS OF THE RECEIPT AND A FORMAL INTIMATION TO SEAFARER BY SPEED POST ACKNOWLEDGE.

THE DESIGNATED GRIEVANCE REDRESSEL OFFICER SHALL ATTEND TO THE GRIEVANCE AND DISPOSE THE SAME NOT EXCEEDING THIRTY WORKING DAYS OF RECEIPT.

FIRST APPEAL

                THE SEAFARER NOT SATISFIED WITH THE DECISION OF THE DESIGNATED GRIEVANCE REDRESSEL OFFICER,  CAN  SUBMIT AN APPEAL TO FIRST APPELLATE AUTHORITY (FAA,JURISDICTIONAL  PRINCIPAL OFFICER MMD)OF HIS LOCATION WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH DECISION.AFTER THE EXPIRY OF THIRTY DAYS FAA MAY ADMIT APPEAL, THE SEAFARER HAVE TO PROVIDE SUFFICIENT AND REASONABLE CAUSE ON RECORD FOR FILING AN APPEAL IN TIME

                AN APPEAL SHOULD BE DISPOSED OF NOT LATER THAN THIRTY DAYS OF THE DATE OF RECEIPT OF AN APPEAL OR WITHIN SUCH EXTENDED PERIOD NOT EXCEEDING A TOTAL OF SIXTY DAYS FROM THE DATE OF FILING/RECEIPT

SECOND APPEAL

                THE SEAFARER NOT SATISFIED BY ORDER OF FIRST APPELLATE AUTHORITY CAN APPEAL TO THE SECOND APPELLATE AUTHORITY(SAA),A DESIGNATED OFFICER IN THE DIRECTORATE GENERAL OF SHIPPING(DGS),GOVERNMENT OF THE INDIA,MUMBAI. WITHIN THIRTY DAYS OF THE DATE OF RECEIPT OF SUCH DECISION.

                THE DGS MAY ADMIT AN APPEAL AFTER THE EXPIRY OF THE PERIOD OF THIRTY DAYS BUT NOT LATER THAN SIXTY DAYS BUT APPELLANT SHOULD PROVIDE SUFFICIENT AND REASONABLE CAUSE FOR FILING AN APPEAL IN TIME

                THE DECISION OF THE DGS SHALL BE FINAL AND BINDING ON THE   SEAFARER