Merchant shipping (Medical Examination) Rules,1986

DRAFT

The Merchant Shipping (Medical Examination)
Rules, 2013

MINISTRY OF SHIPPING

(Shipping Wing)
New Delhi, the -------------------------------
G.S.R. -----(-): In exercise of the powers conferred by sub-section (3) of Section 98 and Section 458 of Merchant Shipping Act, 1958 (44 of 1958) and in super session of the Merchant Shipping (Medical Examination) Rules 2000, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules namely:

Part- I

Preliminary
1. Short title and Commencement - (i) these rules, may be called Merchant Shipping (Medical Examination) Rules, 2013;

(ii) These rules shall come into force on the date of their publication in the Official Gazette.

2. Application- unless otherwise specified, these rules shall apply to “the person” as defined in section 3(l) of these rules;

3. Definitions – (i) In these rules, unless the context otherwise requires:

(a) "Act" means the Merchant Shipping Act, 1958 (44 of 1958); 

(b) “Approved” means approved by the Directorate General of Shipping;

(c) “Approving Authority” means the Nautical Advisor to the Government of India who is authorized to issue approval or withdraw or suspend approval to the medical examiner;

(d) “Competent Authority” means the Director General of Shipping appointed under section 7 of the act;

(e) “Convention” means the Standards of Training, Certification and Watch Keeping (STCW) convention 1978 as amended by the 2010 protocol and Maritime Labor Convention, 2006;
(f) “Examinee” means any person taking certificate of Competency/Proficiency examination and seeking relevant endorsement under the STCW rules;

(g) “Guidelines” means guidelines developed by the Organization with respect to medical examination of seafarer and person, medical guide for ships and all other purposes under these rules;

(h) “Medical examiner” means a qualified Medical Practitioner under the Indian Medical Council Act, 1956(102 of 1956) and authorized by the Competent Authority;

(i) “Merchant shipping notice” means a notice issued by the Director General as such;

(j) New Entrant means any person undergoing any training at the maritime training Institute, ashore or on ship;

(k) “Organization” means the following;

i) “International Maritime Organization (IMO)” or

ii) “International Labor Organization (ILO)” or

iii) “World Health Organization (WHO)” as the case may be;

(l)“Person” means New entrant, master ,seafarer , apprentice, young person, seamen, examinee, and supernumerary;

(m) "Schedule” means Schedule appended to these rules;  

(n) “Seafarer” means any person who is employed or engaged or works in any capacity on board Indian ships, or other than an Indian ships;

(o) “Supernumerary” means any person who is part of ship’s complement on board but not employed or engaged or works in any capacity on the business of an Indian ships, or other than an Indian ships; and

(ii) Words and expressions used have not defined but defined in the act & conventions shall have meanings respectively assigned to them in the acts and convention.

4. Exemptions in respect of validity of Medical Certificate – the Competent Authority as deemed necessary may permit the person not more than three months to work or stay on board without a valid medical certificate or until the next port of call where the person concerned can obtain a medical certificate from a qualified Medical examiner.

Part- II

Approval of Medical Examiner & Conduct of Medical Examination

5. Approval of Medical Examiner - (i) the Competent Authority shall under these rules approve such numbers of Medical Examiners at the ports or places, as it thinks fit;

(ii) The Approving Authority shall approve those Medical Examiner who shall fulfill the conditions as specified in Schedule III, Schedule IV & Schedule V as the case may be;

(iii) The Medical Examiner shall submit an application in prescribed format as specified in schedule I for the initial and renewal approval and fee prescribed in rule 14(iii) for the type of approval requested; and

(iv) The approved Medical Examiner shall conduct the medical examination conforming to the medical standards as specified in Schedule – VII/X & XI of these Rules.
6. Type of Medical Examination-(i) the persons shall be subjected to the following types of medical examination-

(i) a pre sea medical examination , those conducted before the person embarks upon a seafaring career; and

(ii) a periodic medical examination , those conducted either before the person reports to a ship or at periodic interval during the person’s seafaring career.

7. Functions of Medical Examiners- The medical examiner shall perform the following functions,-

(i) The purpose of the medical examination whether the person is returned after illness, continuing health problems and if so, conducts the examination accordingly;

(ii) Verify the identity of the persons to be examined through the number of his Continuous Discharge Certificate (CDC) /Seamen Identification Document (SID), passport or other relevant documents issued by the concerned Authorities;

(iii) Establish the person’s position on board a ship or ashore in consonance with the skills required in the discharge of his function;

(iv) Collect information from the person’s on his previous medical history;

(v) Take declaration from the person’s in prescribed format as specified in schedule VIII;

(vi) Review medical history of the person or medical records and the declaration made by the person as specified in schedule VIII and thereafter proceed for medical examination;

(vii) On the basis of expert opinions relating to medical problems, further investigation and treatment may be prescribed;

(viii) Verify the results of clinical tests if conducted;

(ix) Conduct medical examinations of the persons as per the medical standards’ specified in schedule VII, X and XI;

(x) Issue medical certificate in English to the persons in the prescribed format as specified in schedule IX;

(xi) Mark the medical examination documents “CONFIDENTIAL” and retain the same for period of 10 years;

(xii) Comply with relevant provisions of the Merchant Shipping Act, 1958 and these rules including the notifications issued by the Competent Authority and submit periodical returns in the prescribed format as specified in schedule XII

8. Validity of Medical Examination Certificate- (i) Subject to the conditions specified by the medical examiner, a medical certificate including color visions test shall be valid for maximum period of 1 year in respect of:

(a) person’s under age of 18 year for the purpose of pre-sea or periodical examination as the case may be; and

(b) Supernumerary undergoing periodical examination for the purpose of joining the ship.

(ii) Subject to the conditions specified by the medical examiner, a medical certificate including color visions test shall be valid for maximum period of 2 years in respect of:

1. 
   New entrant undergoing Pre-Sea medical examination;
   
2. 
   Person’s undergoing periodical examination for the purpose of engagement on board a ship; and
   
3. 
   Person’s undergoing periodical examination for the purpose of certificate of competency/Proficiency and other endorsements.
   

(iii) A copy of valid Medical certificate including the color vision test compliance shall be acceptable by the assessment centers of the DGS or other centers declared by the Competent Authority as the case may be for the purpose of certificate of competency Examination/endorsements ; and

(iv) If the medical certificate of person’s expires in the course of the voyage, such certificate shall continue to remain in force or valid until vessel’s arrival at the next port of call wherever the facility of qualified Medical examiner available.

9. Validation of Medical Certificate- The medical examination certificate issued to the person shall be deemed to be valid for all the purposes.

Part III

Appellate Authority and Appeal Procedures

10. Appointment of Appellate Authority for re-examination-(i) The Competent Authority shall, by an order in writing constitute an appellate authority at such ports or places, as it thinks fit comprising of not less than three specialists in any branch of Medical Science and a assessor(s) (having knowledge and understanding of maritime field and ship’s operations ) if considered necessary ;

(ii) The Panel of specialist constituting the appellate authority shall be drawn by the Competent Authority in consultation with the representative organizations of ship-owners or his agent, other professional bodies recognized by the Competent Authority. No person in the employment of any owner or agent of a ship or of representative organizations of ship-owners or agents or professional bodies or seafarers’ representative or of the persons shall be empanelled in the constituting such appellate authority; and

(iii) The members of the Appellate Authority shall be remunerated with fees and TA/DA as prescribed by the Competent Authority;

11. Appeal Procedures for re-examination and review-

1. 
   the aggrieved person may , within a period of sixty days from the date on which he is declared unfit by the medical examiner, appeal against such decision to the appellate authority through the Director , Seaman employment Office(SEO). Provided that an appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not making such appeal within the prescribed period;
   
2. 
   Every appeal made under this rule shall be accompanied by a copy of the order appealed against and the prescribed fee;
   
3. 
   On receipt of the appeal, the Director, Seamen’s Employment Office (SEO) in consultation with the Competent Authority shall refer it to the appellate authority immediately and if ordered inform the person and the Competent Authority of place of his examination by the appellate authority. The date and time of his examination shall be decided by the Appellate Authority.
   

(iii) The Appellate Authority, before disposing of an appeal, shall give a reasonable opportunity of being heard to the appellant;

(iv) An appeal shall be disposed of as expeditiously as possible but within a period of sixty days from the date of filing of the appeal;

5. 
   The decision of the appellate authority shall be binding on the person as well as owner or agent of the ship or the training institute or others concerned as the case may be;
   
6. 
   The person may apply to the Director, Seaman’s Employment Office with the prescribed fee within a period of one year from the date on which the appellate authority had declared him permanently unfit for reviewing his case if he has obtained a certificate of fitness from a medical specialist in that branch of medical science to which his ailment relates. A copy of such application shall be endorsed to the Competent Authority and the concerned ship owner or his agent or the training institute or other concerned entity as the case may be. Provided that the Director, Seamen’s Employment Office (SEO) in consultation with the Competent Authority may admit any such review application made after the said period of one year if he is satisfied that the person had sufficient cause for not making the application within the same period.
   
7. 
   The Director, Seamen Employment Office (SEO) in consultation with the Competent Authority shall refer the review application to the Appellate Authority. The Director, Seamen Employment Office and the appellate authority shall follow the same procedure as applicable to the appeal cases
   

Part-IV

Miscellaneous

12. Maintenance of Medical Records and Periodical Returns by the Approved Medical examiner-(i) the approved Medical examiner shall maintain medical records of the medical examinations conducted by him with copies of Medical Certificate issued; and

(ii) the medical examiner shall also send half yearly returns to the Competent Authority in the prescribed format as specified in schedule XII.

13. Suspension and Cancellation of approval-(i) The Approving Authority upon receipt of any complaint in writing from any person, ship-owner, his agent, training institute or other entity concerned including the medical examiner relating to the conduct of medical examination and any other contravention of the provisions of these rules shall investigate into such complaints.

(ii) The Approving Authority shall authorize concerned Principal Officer, Mercantile Marine Department (MMD), District to conduct investigation in to such complaints. In doing so, he may request a member of the concerned academic council or other authorized official or recognized bodies to accompany the investigating team identified by him;

(iii) A report of investigation shall be submitted by the concerned Principal Officer, MMD, District to the Approving Authority along with findings and recommendations at the earliest but not later than 60 working days from the date of completion of the investigation;

4. 
   Approved Medical examiners or others involved in the conduct or process of medical examination who are found to be observing unethical means or committing professional misconduct or having male-fide intentions shall be dealt with the provisions of the act or these rules or the provisions of the notifications issued by the Competent Authority as the case may be. Medical examiners shall have their approval either suspended or withdrawn by the Approving Authority if proved to have committed such acts. Others involved in such acts shall face an appropriate disciplinary/legal action after investigation. For the purpose of any inquiry or appeal, the Approving Authority shall give such Medical examiner or others, an opportunity of making a defence either in person or through authorized representative;
   
5. 
   The aggrieved medical examiner or others may appeal against the decision of the approving authority within 15 days from the date of passing such order of suspension or cancellation of approval or other disciplinary/legal action in case of others effected by the approving authority decision as the case may be to the Competent Authority; and
   
6. 
   The Competent Authority shall dispose of such cases as per the procedure set out in rule 11 and his decision shall be binding on the Medical Examiner or others involved in such complaints.
   

14. Fee Structure -(i) The ship owner or his agent or the training institute or the persons shall pay the following fee to the medical examiner for the type of medical examination conducted by him,-

(a) Medical examination/investigation and issuance of medical certificate- not more than Rs 1000/- per person;

(b) Physical clinical examination with medical certificate not less than- Rs.500/- per person; and

(c) Issuance of duplicate certificate- Rs.100/- per person

(ii) The person making application for appeal or review shall submit a demand draft from any nationalized bank drawn in favor of the Director, Seamen Employment Office(SEO) for the amount as set out below,-

1. 
   Appeal against the decision of the medical examiner- Rs.2000/- per case; and
   
2. 
   Application for the Review case – Rs. 2000/- per case
   

(iii) The medical examiner seeking approval of the Competent Authority shall submit a demand draft from any nationalized bank drawn in favor of Directorate General of Shipping, Mumbai, for the amount set out below,-

1. 
   Initial approval - Rs.25,000/- per case ;
   
2. 
   Renewal approval- Rs.10,000/- per case; and
   
3. 
   Issuance of duplicate letter of approval- Rs.1000/- per copy
   

15. Penalties and disciplinary actions-(i) Whoever contravenes any of the relevant provisions of the Merchant Shipping Act, 1958, these rules and any notification issued by the Competent Authority in respect of medical examination shall be liable to punishment as specified 436 of Merchant Shipping Act, 1958.

16. Review of the provisions of these Rules- The Competent Authority in consultation with ship owner or his agent, training institute, the person and seafarers representative and other entities shall keep the provisions of these rule under review and may issue Merchant Shipping Notice(s) for all the purposes under these rules as deemed necessary.

17. Repeal and savings- (i) The Merchant Shipping (Medical Examination) Rules, 2000 are hereby repealed;

(ii) All medical reports & certificates under the repealed rules shall be deemed to have been issued under the corresponding provisions of these rules, provided such certificates shall be renewed within the period of 6 months from the date of promulgation of these rules; and

(iii) The approved medical examiners under the repealed rules shall be deemed to have been approved under the corresponding provisions of these rules, provided such approval shall be renewed within the period of 6 months from the date of promulgation of these rules.

Sd/-

( ……………….)

Joint Secretary to the Govt. of India

List of Schedules

Schedule I- Application for initial and renewal Approval;

Schedule II- Affidavit format;

Schedule III- Conditions of Initial Approval to the Medical examiner;

Schedule IV- Conditions for renewal approval to the Medical Examiner;

Schedule V- Check List for initial Approval to the Medical Examiner;

Schedule VI- Format for Letter of approval;

Schedule VII – Medical Standards to conduct medical examination;

Schedule VIII- Format for Medical Examination (Person’s Declaration);

Schedule IX- Format for Medical Certificate to the Person;

Schedule X – Minimum in service eyesight standards;

Schedule XI - Assessment of minimum entry level and in service physical abilities; and

Schedule XII – Half Yearly Returns
*****************

Schedule I

[See rule 5(ii)]


Application for initial and renewal Approval

Photograph (size)e 3.5 3.5

To

Directorate General of Shipping Date _________________

Jahaz Bhavan, Place ________________

Walchand Hirachand Marg,

Ballard Estate,

Mumbai- 400 001.

[Kind Attn: Approving Authority -Nautical Adviser to the Government of India].

[Subject: - Initial / Renewal approval to Medical examiner -regarding].

Sir,

I, Dr. __________________________________ wish to apply for the initial / renewal approval to conduct medical examination at _____________facility(s)[details of each facility attached herewith]. A copy of my Bio-data along with other relevant documents pertaining to academic and professional qualification, experience, previous letter of approval if issued, proof of age etc and check list duly self certified and filled in are enclosed.

2. I declare that no legal cases or complainants from the persons are pending against me in any Indian and overseas in the competent courts of Jurisdiction.

3. I also confirm to extend all co-operation to the authorized official of the Approving Authority in course approval process or thereafter and the arrangement to conduct the inspection for the purpose of approval shall be at my cost and risk.

4. You are therefore, requested to issue a letter of approval to enable me to perform the function of Medical examiner at the facility(s) stated above for the purpose of medical examination.

Yours faithfully,

(Dr._____________________)

Name:­­­­­­­­­­­­­­­__________________

Medical Council of India Registration No.__________

Date of issue: __________________
(delete as applicable)

Enclosures:

1. 
   Copy of valid Medical Council of India Registration Certificate;
   
2. 
   Copy of bio-data with supporting documents including an affidavit;
   
3. 
   Copy of check list duly filled in and self attested with relevant information;
   
4. 
   Copy of proof of age;
   
5. 
   Copy of previous letter of approval, if applicable; [Note:- A copy of above mentioned documents shall be duly self certified ]
   

6. Two passport size photograph (3.5 x 3.5 cm);

7. 3 specimen signature on clinic letterhead (furnishing full style);

8. A proof for medical fitness issued by any Government Hospital or by the approved medical examiner whose approval and registration is valid;

9. Proof of submission of periodical returns;

10. Declaration that no outstanding disciplinary action and legal action is pending in any jurisdiction in India and overseas; and

11. Confirmation with evidence that applicant is continuously up graded/updated in current medicines & medical science as per the best medical practices in India and overseas.

Schedule II

(See rule 5(ii)))

AFFIDAVIT
I, Dr. ______________, Regn. No. ______, (State/Centre) Medical Council of India, valid till_______ , age ____ years, Indian Resident, operate medical facility(s)at ______________, do hereby on solemn affirmation as under:
1. I am fully conversant with the applicable Indian Maritime Laws relating to ship board operations and medical examination’s entire process of examination of person and have good understanding in the following areas:

1. 
   Living and working conditions on board sea going merchant ships of various types gained through special instructions/attended occupational/Maritime medicine/health related courses or other means as prescribed by the medical council of India or relevant association or through self efforts or others means(delete as applicable);
   
2. 
   Medical publications “The International Medical guide for ships or an equivalent national medical guide for use on ships or others;
   
3. 
   Conventions on Standard of Training, Certification and Watch-keeping (STCW) 1995 Regulation, I/9-Medical Examination & Maritime Labour ,2006- Regulation 1.2 - Medical Certificate;
   
4. 
   Guidelines on “Medical Examination of Seafarers” issued by ILO/IMO given in ILO/IMO/JMS/2011/12 document;
   
5. 
   Relevant provisions of Merchant Shipping Act, 1958;
   
6. 
   Merchant Shipping (Medical Examination) Rules and DGS/M.S. Notices on Medical Examination and Sight test issued from time to time as available on DGS website www.dgshipping.com ;www.dgshipping.gov.in;
   
7. 
   Procedure to deal with appeal cases and appellate authority.
   

2. 
   I state that the contents of this affidavit are true and correct to my knowledge.
   

Solemnly affirmed in _______ on dd/mm/yyyy

(Place)

Before me

Attested

Schedule III

(See rule 5(iii))

Conditions for approval to Medical Examiners

1. Medical examiners seeking approval shall fulfill following conditions,-

1.1. Be a qualified medical examiner currently accredited by the Indian medical council registration authority for the place where he is working and his age not to exceed 75 years on the date of submission of application;

1.2. Be experienced (minimum 5 years) in general and occupational medicine or maritime occupational medicine for conducting medical fitness examination of persons, however competence in maritime health is desirable as it improves quality of assessment;

1.3. Have the requisite clean declared medical facilities and equipments as specified in schedule V within the limits of city or town to carry out medical fitness examination, which are conveniently situated for easy access by the persons;

1.4. Confirm that he enjoys professional independence from ship-owners, the person and their representatives in exercising their medical judgment in terms of the medical examination procedures;

1.5 Submit along with the application with prescribed fee, an affidavit confirming the, means used in acquiring the understanding of knowledge of ship board activities, in the prescribed form as in Schedule -II;

1.6 Be well conversant with at least Hindi or English language; and

1.7 Submits all supporting documents duly self attested.

Schedule IV

(See rule 5(iii))

Conditions for Renewal of approval to Medical Examiners

1. 
   Medical examiners seeking renewal of approval shall fulfill following conditions,-
   
   1. 
      Age shall be below 75 years on the date of submission of application;
      
   2. 
      Certificate of Registration shall be valid;
      
   3. 
      Periodical returns for the previous years submitted;
      
   4. 
      No disciplinary or legal proceedings are pending in any jurisdiction;
      
   5. 
      Conditions specified in the letter of approval if issued are complied with;
      
   6. 
      continuously up gradation/up-date with current medicines & medical science as per the best medical practices in India and overseas; and
      
   7. 
      Applications with the prescribed fee, an affidavit as specified in schedule II and checklist as specified in schedule V and other documents are submitted.
      

Schedule V

[See rule 5 (ii) ]