MLC 2006 TITLE-5 COMPLIANCES AND ENFORCEMENT

MLC 2006 TITLE-5

COMPLIANCES AND ENFORCEMENT

5.1.FLAG STATE RESPONSIBILITIES*

            TO ENSURE THAT EACH MEMBER IMPLEMENTS ITS RESPONSIBILITIES UNDER THIS CONVENTION WITH RESPECT TO SHIPS THAT FLY ITS FLAGS.

            EACH MEMBER SHALL ESTABLISH A SYSTEM FOR INSPECTION AND CERTIFICATION.

            A MARITIME LABOUR CERTIFICATE COMPLEMENTED BY DECLARATION OF MARITIME LABOUR COMPLIANCE.

5.1.2.AUTHORISE OG RECOGNISED ORGANISATION (RO)*

            TO CARRY OUT INSPECTION AND CERTIFICATION FUNCTION WHICH THE RO IS AUTHORISED ORGANISATION BY A COMPETENT AUTHORITY

5..1.3.MARITIME LABOUR CERTIFICATE AND DECLARATION OF MARITIME LABOUR COMPLIANCE

           THEASE REGULATION APPLIES TO SHIPS OF 500 GT OR OVER ENGAGED IN INTERNATIONAL VOYAGE AND 500 GT OR OVER FLYING FROM A PORT (OR) BETWEEN PORTS IN ANOTHER COUNTRY

             SHIP SHOULD CARRY AND MAINTAIN MARITIME LABOUR CERTIFICATE ALONG WITH DECLARATION OF MARITIME LABOUR COMPLIANT

              CERTIFICATE ISSUED BY RO, PERIOD OF VALIDITY SHALL NOT EXCEED 5 YEARS. ONE INTERMEADIATE INSPECTION SHALL TAKE PLACE BETWEEN SECOND AND THIRD ANNIVERSARY DATES OF THE CERTIFICATE

             INTERIM MARITIME LABOUR CERTIFICATE WAS ISSUED FOR SIX MONTHS BY RO. DECLARATION OF MARITIME LABOUR CERTIFICATE SHALL IN TWO PARTS

PART-1 DRAWN BY COMPETENT AUTHORITY

PART-2 DRAWN BY SHIP OWNER

5.1.4.INSPECTION AND ENFORCEMENT*

            EACH MEMBER SHAL MAINTAIN A SYSTEM FOR INSPECTION BY RO OR ADMINISTRATION

            THE AUTHORITY CONCERNED WITH INSPECTION OF SEAFARERS WORKING AND LIVING CONDITIONS SHOULD HAVE THE RESOURCES NECESSARY TO FULLFILL THEIR FUNCTIONS

5.1.5.ONBOARD COMPLIANT PROCEDURE

            ALL SEAFARERS SHOULD BE PROVIDED ONBOARD COMPLIANT PROCEDURE. AND SHALL PROHIBIT AND PENALIZE ANY KIND OF VICTIMISATION OF SEAFARER FOR FILLING A COMPLIANT. WITHOUT PREJUDICE TO SEAFARERS RIGHT TO SEEK REDRESS THROUGH WHAT EVER LEAGAL MEANS THE SEAFARER CONSIDERS APPROPRIATE

5.1.6.MARINE CASUALITIES*

            EACH MEMBER SHALL HOLD AN OFFICIAL ENQUIRY IN TO ANY SERIOUS MARINE CASUALITY. THE FINAL RESULT SHALL NORMALLY MADE PUBLIC

5.2. PORT STATE RESPONSIBILITIES*

            TO ENABLE EACH MEMBER TO IMPLEMENT ITS RESPONSIBILITIES UNDER THIS CONVENTION REGARDING INTERNATIONAL COOPERATION IN THE IMPLEMENTATIONAND ENFORCEMENT OF THE CONVENTION STANDARD ON FOREIGN SHIPS

INSPECTION

5.2.1. INSPECTION INPORTS*

            EACH MEMBER SHALL ACCEPT THE MARITIME LABOUR CERTIFICATE AND THE DECLARATION OF MARITIME LABOUR COMPLIANCE

5.2.2. ONSHOR SEAFARER COMPLIANT –HANDLING PROCEDURE

            EACH MEMBER ENSURE THATSEAFARERS ON SHIPS CALLING AT A PORT IN THE MEMBERS TERRITORY WHO ALLEGE A BREACH OF THE REQUIREMENTS OF THIS CONVENTION HAVE THE RIGHT TO REPORT SUCH A COMPLIANT IN ORDER TO FACILITATE A PROMPT AND PRACTICAL MEANS OF REDRESS

5.3. LABOUR SUPPLYING RESPONSIBLITIES*

            TO ENSURE THAT EACH MEMBER IMPLEMENTS ITS RESPONSIBILITIES UNDER THE CONVENTION AS PERTAINING TO SEAFARER RECRUITMENT AND PLACEMENT AND THE SOCIAL PROTECTION OF ITS SEAFARERS

*IS NOT SUBJECT TO PSC INSPECTION

ALL OTHER IS SUBJECT TO PSC INSPECTION