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 InterGovernmental 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.

1. International Convention for the Safety of Life at

Sea 1974 as amended SOLAS ((Amended) 1974))

25.5.1980

Ratified

2. Protocol of 1978 relating to the International

Convention for the Safety of Life at Sea, 1974

1.5.1982

Ratified

3. Protocol of 1988 relating to the International

Not Yet In

India's
position

Convention for the Safety of Life at Sea 1974

(SOLAS PROT (HSSC)1988)

Force

4. Convention of the International Regulations for

Preventing Collisions at Sea, 1972 as amended
(COLREG (amended) 1972)

15.7.1977

Ratified

5. The protocol relating to the International

Convention for the Prevention of pollution from
Ships, 1973 as amended
(MARPOL(Amended)73/78)

2.10.1983

Ratified

6. Convention on Facilitation of International

Maritime Traffic 1965 as amended (FAL
(Amended) 1965)

5.3.1967

Ratified

7. International Convention of Loadline, 1966 (LL

1966)

21.7.68

Ratified

8. Protocol of 1988 relating to the International

Convention on Loadlines, 1966 (LL PROT(HSSC)
1988)

Not Yet In
Force

9. International Convention on Tonnage

Measurement of ships, 1969 (TONNAGE 1969)

18.7.82

Ratified

10. International Convention relating to

Intervention on the High Seas in cases of Oil
Pollution Casualties 1969 (Intervention 1969)

6.5.75

Under
Consideration.

11. Protocol relating to Intervention on High Seas

in cases of pollution by substances other than oil
1973 (INTERVENTION PROT 1973)

30.3.83

--

12. International Convention on Civil Liability for

oil pollution damage, 1969 (CLC 1969)

19.6.75

Ratified

13. Protocol to the International Convention on

Civil Liability for Oil Pollution Damage, 1969
(CLC PROT 1976)

8.4.81

Ratified

14. Protocol of 1992 to amend the International

Convention on Civil Liability for Oil Pollution
Damage 1969 (CLC PROT 1992)

30.5.96

--

15. Special Trade Passenger Ships Agreement,

2.1.74

Ratified

1971 (STP 1971)

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

2.6.77

Ratified

17. Convention relating to Civil Liability in the

field of Maritime Carriage of Nuclear Material,
1971 (NUCLEAR 1971)

15.7.75

Considered and
decided not to
ratify.

18. International Convention on the establishment

of an International Fund for compensation of Oil
Pollution Damage 1971 (FUND 1971)

16.10.78

Ratified

19. Protocol to the International Convention on the

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

22.11.94

Ratified

20.. Protocol of 1992 to amend the International

Convention on the establishment of an
International Fund for the compensation of Oil
Pollution Damage 1971(FUND PROT 1992)

30.5.96

Under
Consideration

21. International Convention for Safe containers,

1972 as amended (CSC (Amended) 1972)

6.9.77

Ratified

22. Athens Convention relating to the Carriage of

Passengers and their luggage by Sea 1974 (PAL
1974)

28.4.87

--

23. Protocol to the Athens Convention relating to

the Carriage of Passengers and their luggage by
Sea 1974 (PAL PROT 1976)

30.4.89

--

24. Protocol of 1990 to amend the Athens

Convention relating to the Carriage of Passengers
and their luggage by Sea 1974 (PAL PROT 1990)

Not Yet In
Force

25. Convention Agreement on the International

maritime Satellite Organization (INMARSAT) as
amended (INMARSAT c(Amended))

16.7.79

Ratified

26. Operating Agreement on the International

16.7.79

Ratified

Maritime Satellite Organization 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-keeping for
seafarers, 1978 (STCW 1978)

28.4.84

Ratified

29. International Convention on Maritime Search

and Rescue, 1979 (SAR 1979)

22.6.85

Under
Consideration.

30. Convention for suppression of Unlawful Acts

against the Safety of Maritime Navigation (SWA
1988)

1.3.92

Under
Consideration.

31. Protocol for the suppression of unlawful acts

against the Safety of Fixed Platforms located on the
Continental Shelf (SWA PROT 1988)

1.3.92

Under
Consideration.

32. International Convention on Salvage 1989

(SALVAGE 1989)

14.7.96

Ratified

33. International Convention on Oil Pollution

Preparedness response and cooperation 1990
(OPRC 1990)

13.5.95

Under
Consideration.

34. Convention on the Prevention of Marine

Pollution by Dumping of Wastes, and other matter
1972 as amended (LDC (Amended) 1972)

30.8.75

35. International Convention on Standard of

Training Certification and Watch-keeping for fishing
Vessels Personnel (STCW-F)

Not yet In
force

36. Torremolinos Protocol of 1993 relating to the

Terremolinos International Convention for the Safety
of Fishing Vessels 1977 (SFV PROT 1993)

Not yet In
force

Consideration kept
in abeyance

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 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 1 st 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 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.
No

Name of the Convention

Convention No.

Whether
ratified or not

Minimum Age (Sea) Convention 1920

07

Not ratified

Minimum Age (Sea) Convention (Revised) 1936

58

Not ratified

Unemployment Indemnity (Shipwreck) Convention

1920

08

Not ratified

Placing of Seamen Convention 1920

09

Not ratified

Minimum Age (Trimmers and Stockers) Convention

15

Ratified

1921
6

Medical Examination of Young Persons (Sea)

Convention 1921

16

Ratified

Seamen's Articles of Agreement Convention 1926

22

Ratified

Repatriation of Seamen Convention 1926

23

Not Ratified

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 1936

55

Not Ratified

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

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) 1949

93

Not Ratified

26

Seafarers Identity Documents Convention 1958

108

Not Ratified

27

Wages, Hours of work and Manning (Sea)

Convention (Revised) 1958

109

Not Ratified

28

Accommodation of crews (Supplementary

Provisions) Convention 1970

133

Not Ratified

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)

Convention 1987

164

Not Ratified

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: -

Sr.
No

Recommendation

No.

National Seamen's Codes Recommendations 1920

Unemployment Insurance (Seamen) Recommendations, 1920

10

Repatriation (Ship Masters and apprentices) Recommendations, 1926

27

Labour Inspection (Seamen) Recommendations, 1926

28

Seamen's Welfare in Ports Recommendations, 1936

48

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

49

Seafarers social security (Agreements) Recommendation, 1946

75

Seafarers (Medical Care for Dependents) Recommendation, 1946

76

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