International Legislation

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INTERNATIONAL LEGISLATION
CHAPTER 10

A: International Maritime Organization

10.1 Shipping being an international activity is required to confirm the international regulations, treaties and
similar bilateral agreements. Till the end of the Second World War, most of the agreements were confined to a
few nations and that their origin in the British or European laws or practices. With the establishment of the
U.N.O, a body under its auspices was founded which was known as Inter-Governmental Maritime Consultative
Organization later on renamed as International Maritime Organization (I.M.O.). The extensive work done by
this body encompasses almost every branch of shipping activity which contributes to Safety of Life at Sea. The
I.M.O., when examining any subject, receives advice, suggestions and criticism of all nations who are its
members.

10.2 India is a party to several conventions developed by the I.M.O. and the United Nations Organization. The
International Labour Organization also develops conventions and recommendations relating to the working
conditions of seafarers, their safety, identity and other welfare measures for the seafaring community at large.
India is a member of International Labour Organization also. To give effect to the requirements of all these
conventions, suitable statutory provisions have been made in the Merchant Shipping Act 1958. The Act is also
suitably amended as per the requirements of the conventions for giving statutory backing for implementation of
the provisions of these conventions.

10.3 So far as the I.M.O. is concerned, a list of conventions and protocols developed since its inception is given
below. Out of 36 instruments developed so far, India has ratified 18 instruments and another seven are under
consideration for ratification. Some of the conventions are not in force internationally. While for some, taking into
consideration the national interest, India has decided not to ratify. The following is the list of final instruments
developed by I.M.O., their date of entry into force internationally and India's position about their ratification.

List of Instruments Developed by I.M.O.

Instrument In force
w.e.f. India's
position

1. International Convention for the Safety of Life at Sea 1974 as amended 25.5.1980 Ratified
SOLAS ((Amended) 1974))

2. Protocol of 1978 relating to the International Convention for the Safety of 1.5.1982 Ratified
Life at Sea, 1974

3. Protocol of 1988 relating to the International Convention for the Safety of Not Yet In
Life at Sea 1974 (SOLAS PROT (HSSC)1988) Force

4. Convention of the International Regulations for Preventing Collisions at 15.7.1977 Ratified

Sea, 1972 as amended (COLREG (amended) 1972)

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5. The protocol relating to the International Convention for the Prevention of 2.10.1983 Ratified
pollution from Ships, 1973 as amended (MARPOL(Amended)73/78)

6. Convention on Facilitation of International Maritime Traffic 1965 as 5.3.1967 Ratified

amended (FAL (Amended) 1965)

7. International Convention of Loadline, 1966 (LL 1966) 21.7.68 Ratified

8. Protocol of 1988 relating to the International Convention on Loadlines, Not Yet In

1966 (LL PROT(HSSC) 1988) Force

9. International Convention on Tonnage Measurement of ships, 1969 18.7.82 Ratified

(TONNAGE 1969)

10. International Convention relating to Intervention on the High Seas in 6.5.75 Under
cases of Oil Pollution Casualties 1969 (Intervention 1969) Consideration.

11. Protocol relating to Intervention on High Seas in cases of pollution by 30.3.83 --

substances other than oil 1973 (INTERVENTION PROT 1973)

12. International Convention on Civil Liability for oil pollution damage, 1969 19.6.75 Ratified
(CLC 1969)

13. Protocol to the International Convention on Civil Liability for Oil Pollution 8.4.81 Ratified
Damage, 1969 (CLC PROT 1976)

14. Protocol of 1992 to amend the International Convention on Civil Liability 30.5.96 --
for Oil Pollution Damage 1969 (CLC PROT 1992)

15. Special Trade Passenger Ships Agreement, 1971 (STP 1971) 2.1.74 Ratified

16. Protocol on Space Requirement for Special Trade Passenger Ships 2.6.77 Ratified
1973 (SPACE STP 1973)

17. Convention relating to Civil Liability in the field of Maritime Carriage of 15.7.75 Considered
Nuclear Material, 1971 (NUCLEAR 1971) and decided
not to ratify.

18. International Convention on the establishment of an International Fund 16.10.78 Ratified

for compensation of Oil Pollution Damage 1971 (FUND 1971)

19. Protocol to the International Convention on the establishment of an 22.11.94 Ratified

International Fund for compensation for oil pollution damage 1971(FUND
PROT 1976)

20.. Protocol of 1992 to amend the International Convention on the 30.5.96 Under
establishment of an International Fund for the compensation of Oil Pollution Consideration
Damage 1971(FUND PROT 1992)

21. International Convention for Safe containers, 1972 as amended (CSC 6.9.77 Ratified
(Amended) 1972)

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 22. Athens Convention relating to the Carriage of Passengers and their 28.4.87 --
luggage by Sea 1974 (PAL 1974)

23. Protocol to the Athens Convention relating to the Carriage of Passengers 30.4.89 --
and their luggage by Sea 1974 (PAL PROT 1976)

24. Protocol of 1990 to amend the Athens Convention relating to the Carriage Not Yet
of Passengers and their luggage by Sea 1974 (PAL PROT 1990) In Force

25. Convention Agreement on the International maritime Satellite Organization 16.7.79 Ratified
(INMARSAT) as amended (INMARSAT c(Amended))

26. Operating Agreement on the International Maritime Satellite Organization 16.7.79 Ratified
INMARSAT (INMARSAT OA)(Amended)

27. Convention on limitation of liability for Maritime Claims 1976 (LMC 1976) 1.12.86 --

28. International Convention on Standards of Training Certification and Watch- 28.4.84 Ratified
keeping for seafarers, 1978 (STCW 1978)

29. International Convention on Maritime Search and Rescue, 1979 (SAR 22.6.85 Under
1979) Consideration.

30. Convention for suppression of Unlawful Acts against the Safety of Maritime 1.3.92 Under
Navigation (SWA 1988) Consideration.

31. Protocol for the suppression of unlawful acts against the Safety of Fixed 1.3.92 Under
Platforms located on the Continental Shelf (SWA PROT 1988) Consideration.

32. International Convention on Salvage 1989 (SALVAGE 1989) 14.7.96 Ratified

33. International Convention on Oil Pollution Preparedness response and 13.5.95 Under
cooperation 1990 (OPRC 1990) Consideration.

34. Convention on the Prevention of Marine Pollution by Dumping of Wastes, 30.8.75 Consideration
and other matter 1972 as amended (LDC (Amended) 1972) kept in
abeyance

35. International Convention on Standard of Training Certification and Watch- Not yet
keeping for fishing Vessels Personnel (STCW-F) In force

36. Torremolinos Protocol of 1993 relating to the Terremolinos International Not yet
Convention for the Safety of Fishing Vessels 1977 (SFV PROT 1993) In force

10.4 The position in respect of the remaining Conventions Protocols (after deducting those ratified and under
consideration mentioned above) is as follows:-

(i) Protocol relating to Intervention on High Seas in cases of pollution by substances other than oil 1973.

This protocol, which came into force on 30.3.87 contains provisions relating to pollution of High Seas by
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sewage, by nuclear substances or by chemical. The provisions of this convention are also relevant in terms of
intervention convention 1969. Therefore, action will be initiated after examining the issues involved therein
including the financial implications to ratify this protocol.

(ii) Convention relating to Civil Liability in the fields on Maritime Carriage of Nuclear Materials 1971.

This Convention which came into force on 15.7.75 mainly lays down the liability of owners of vessels for carriage
of nuclear material. This Convention confirms and reinforces the special system establishment by the
Convention on Civil Liability for Nuclear Damage 1963 (also known as Vienna Convention). This subject has also
been mentioned in the convention on third party liability in the field of Nuclear Energy 1960 (also known as 1960
Paris convention). The Department of Atomic Energy while considering the ratification 1963 Vienna Convention
has expresssed that India should not become party to 1963 Vienna convention for the following main reasons:-

(a) No important country has become a party to it. Consequently, participation in the Convention would have
very limited advantage.
(b) Its features are of little appeal or applicability or relevance to India, and no advantage will accrue to India
as a result of participation in it.

They further advised that no useful purpose would be served by ratifying the present convention without
becoming party to the Vienna Convention. The Ministry of Surface Transport after having considered the views
expressed by the Dept. of Atomic Energy agreed not to press for ratification of this Convention. The position
remains the same as on date.

(iii) , (iv) & (v) The Athens Convention relating to the Carriage of Passengers and their luggage by sea 1976
and 1990 protocols.

This Convention lays down the liability of Shipowners for death or personal injury to a passenger and also for
loss of or damage to Passenger luggage if the incident causing such damage was due to the fault or the neglect
of the carrier or his servants or agents. The Liability has been fixed at such a high level (ranging from 18000
francs for loss of / damage, to 7,00,000 francs for death or personal injury). The Indian shipowners who operate
Passenger services only in Coastal waters have opposed stating that acceptance of such heavy liability would
necessitate substantial increase in passenger fares and Insurance cover. It may be stated that the provision of
M. S. Act already provide for liability of owners for personal and property claims, which is lower than the liability
under the Athens Convention. Further, there was a proposal to incorporate in the M. S. Act, 1958 specific
provisions for casting a liability on shipowners to pay compensation for death or injury to passengers upto Rs. 1
lakh irrespective of whether the owner is at fault or not. However, the M. S. Act Review Committee which was set
up to review the existing Act recommended giving powers to the Central Govt. to fix such lower limit of liability on
Shipowners of ships (in respect to claims related to passengers carried by the ships in coastal trade of India) as
may be notified by the Central Govt. from time to time. Simultaneously the committee did not favor the system of
payment of specific compensation irrespective of shipowners fault as claimants could claim even higher
compensation but within the limit notified by government as suggested above. For these reasons, the ratification
of Convention / Protocols has not been taken up.

(vi) The Convention on Limitation of Liability for Maritime Claims, 1976.

This Convention has replaced International Convention relating to the Limitation of Liability of owners of
seagoing ships, 1957. It came into force from 1st December, 1986. The provisions of 1957 Convention have
already been incorporated in the M. S. Act, 1958. The 1976 Convention mainly increase the amounts of limits of
liability for loss of life or damage to property by almost two to four times the limits prescribed by the 1957
Convention. It has also specific provision for compensations to be given for death or injury of a passenger and
loss or damage to passengers luggage equivalent to the provisions of the Athens Convention.

(vii) The Torremolinos International Convention on safety of fishing vessels 1977 (revised by protocol of 1993)

This Convention which has not come into force prescribed international standards for construction, survey,
equipment, maintenance and operation of fishing vessels propelled by mechanical means of propulsion. It has
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not come into force. The question of its ratification by India has not yet been considered since there are very few
fishing vessels of the type mentioned in the convention, operating in India. However the provisions of the
convention are kept in mind while approving while approving technical plans relating to construction of new
fishing vessels.

B: International Labour Organization.

10.5. The International Labour Organization (ILO) has developed number of conventions and recommendations
relating to the seafarers working on board the ships. India has ratified some of the Conventions. Although a
number of the Conventions mentioned below are not ratified by India, the requirements mentioned in these
International Conventions are complied according to Indian situation by incorporating relevant provisions in the
M. S. Act 1958 and by way of an agreement between seafarers and Shipowners called National Maritime Board
Agreement. The details of the Convention developed by International Labour Organization are furnished below :

Sr. Name of the Convention Convention Whether ratified or

No No. not

1 Minimum Age (Sea) Convention 1920 07 Not ratified

2 Minimum Age (Sea) Convention (Revised) 1936 58 Not ratified

3 Unemployment Indemnity (Shipwreck) Convention 1920 08 Not ratified

4 Placing of Seamen Convention 1920 09 Not ratified

5 Minimum Age (Trimmers and Stockers) Convention 1921 15 Ratified

6 Medical Examination of Young Persons (Sea) Convention 16 Ratified

1921

7 Seamen's Articles of Agreement Convention 1926 22 Ratified

8 Repatriation of Seamen Convention 1926 23 Not Ratified

9 Officer's Competency Certificate Convention 1936 53 Not Ratified

10 Holiday with pay (Sea) Convention 1936 54 Not Ratified

11 Shipowners liability (Sick and Injured Seamen) Convention 55 Not Ratified

1936

12 Sickness Insurance (Sea) Convention 1936 56 Not Ratified

13 Hours of work and manning (Sea) Convention 1946 54 Not Ratified

14 Food and catering (Ship's Crew) Convention 1946 68 Not Ratified

15 Certification of ship's cooks convention 1946 69 Not Ratified

16 Social Security (Seafarers) Convention 1946 70 Not Ratified

17 Seafarers Pension Convention 71 Not Ratified

18 Paid Vacations (Seafarers) Convention 1946 72 Not Ratified

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 19 Medical Examinations (Seafarers) Convention 1946 73 Not Ratified

20 Certification of Able Seamen Convention 1946 74 Not Ratified

21 Accommodation of crews Convention 1946 75 Not Ratified

22 Wages, Hours of work and Manning (Sea) Convention 1946 76 Not Ratified

23 Paid Vacations (Seafarers) (Revised) 91 Not Ratified

24 Accommodation of crews Convention 92 (Revised) 1949 92 Not Ratified

25 Wages, Hours of work and Manning Convention (Revised) 93 Not Ratified

1949

26 Seafarers Identity Documents Convention 1958 108 Not Ratified

27 Wages, Hours of work and Manning (Sea) Convention 109 Not Ratified
(Revised) 1958

28 Accommodation of crews (Supplementary Provisions) 133 Not Ratified

Convention 1970

29 Prevention of Accidents (Seafarers) Convention 1970 134 Not Ratified

30 Continuity of employment (Seafarers) Convention 1976 135 Not Ratified

31 Seafarers Annual Leave with pay Convention 1976 145 Not Ratified

32 Merchant Shipping (Minimum Standards) Convention 1976 147 Ratified

33 Seafarers Welfare Convention 1987 163 Not Ratified

34 Health Protection and Medical Care (Seafarers) 164 Not Ratified

Convention 1987

35 Social Security (Seafarers) Convention (Revised) 1987 165 Not Ratified

36 Repatriation of Seafarers Convention (Revised), 1987 166 Not Ratified

10.6. Besides above, the International Labour Organization has developed certain conventions for International
Labour Standards, which apply to all workers including seafarers. These are

1.Freedom of Association and protection of the right to Organize, Convention 1948 (No. 87)

2. Right to organize and collective Bargaining Convention 1949 (No. 98).

3. Medical Care and Sickness Benefits Convention 1969 (No. 130)

4. Minimum Age Convention 1973 (No. 138).

10.7. The International Labour Organization has also developed certain recommendations on international
labour standards for seafarers to provide guidance on policy, legislation and practice. These recommendations
are: -

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Sr. No Recommendation No.

1 National Seamen's Codes Recommendations 1920 9

2 Unemployment Insurance (Seamen) Recommendations, 1920 10

3 Repatriation (Ship Masters and apprentices) Recommendations, 1926 27

4 Labour Inspection (Seamen) Recommendations, 1926 28

5 Seamen's Welfare in Ports Recommendations, 1936 48

6 Hours of work and Manning (Sea) Recommendation, 1936, 49

7 Seafarers social security (Agreements) Recommendation, 1946 75

8 Seafarers (Medical Care for Dependents) Recommendation, 1946 76

9 Vocational Training (Seafarers) Recommendation, 1946 77

10 Bedding, Mess Utensils and Miscellaneous Provisions (ship crews) Recommendation, 1946 78

11 Ships Medicine Chests Recommendation, 1958 105

12 Medical Advice at sea Recommendation, 1958 106

13 Seafarers Engagement (Foreign Vessels) Recommendation, 1958 107

14 Social Conditions and Safety (seafarers) Recommendation, 1958 108

15 Wages, Hours of work and Manning (Sea) Recommendation, 1958 109

16 Vocational Training (Seafarers) Recommendation, 1970 137

17 Seafarers' Welfare recommendation, 1970 138

18 Employment of Seafarers (Technical Development) Recommendation 1970 139

19 Crew Accommodation (Air Conditioning) Recommendation 1970 140

20 Crew Accommodation (Noise Control) Recommendation 1970 141

21 Prevention of accidents (Seafarers) Recommndation 1970 142

22 Prevention of young seafarers Recommendations 1976 153

23 Continuity of employment (seafarers) Recommendations 1976 154

24 Merchant Shipping (Improvement of Standards) Recommendations 1976 155

25 Seafarers welfare Recommendation 1987 173

26 Repatriation of Seafarers Recommendations 1987 174

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