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
