Annex I -DEFICIENCIES/ OBSERVATIONS FOUND DURING MLC INSPECTIONS.

Total No. of vessels inspected in 2013 & 2014 = 220

Note: Text in Italics indicate Observation and text in Bold indicates Serious Deficiency
S. No. Requirements under MLC 2006 and / or DMLC Deficiencies/ Observations
1 Seafarers employed as ships cook with responsibility for food preparation must be There is evidence to show that seafarer employed as ships cook is not as per
trained and qualified for their position on board. stipulated DGS Order No 7 of 2012 dated 17/12/2012.
2 Regulation 2.1 required copy of applicable CBA {NMB(India) & INSA-MUI} to be Copy of applicable CBA {NMB(India) & INSA-MUI} not available on board.
available on board.
3 Copy of DMLC Part II section 9 - para 1 a, placed on board, declares that Wi-Fi No Wi-Fi system and internet modem for benefit of seafarers to call home
system and internet modem for benefit of seafarers to call home free of cost provided on board.
provided.
4 DMLC part II Para 10 - Company shall provide drinking water of appropriate quality Drinking water purifier in Engine room out of service and only one water
. purifier fitted in officers mess room, there is no water purifier separately
provided in crew mess room,although master has stated that new cooler has
been received and will be fitted .in crew accommodation .
5 DMLC part II - para 9 - Company to ensure that seafarers have decent 1- Air conditioning system not working
accommodation on board . 2- Hot and cold water not available in accommodation
6 DMLC part II - para 10 company to ensure that food and drinking water be Cockroaches observed in galley .
provided in hygenic condition . Cockroaches observed in Dry provision store
7 As per DMLC Part II, sect 6, Hours of work or rest (Reg. 2.3), A copy of rest hour None of the seafarer are issued with a copy of rest hour records endorsed by
records endorsed by the seafarer and Master is retained with seafarer the Seafarer and Master however record are maintained on board.
8 DMLC part I, 3.6.10.1 - Ship Owner shall ensure that to provide food and drinking There is evidence to show that UV light tube broken ,hence same not working
water of appropriate quality ,nutritional value. and no maitenance record available for minerlizer.
9 Where the seafarer is hired through company appointed manning office/ agents, However there is evidence to show that Articles of agreement are not
the company authorises senior management officer/agents to sign the examined by company / agents in detail prior signing as evidenced from
employment agreement on their behalf ( as per Part II 4(a) ). following examples.
1)Rate of monthly wages for Master not mentioned
2)Relationship with next of kin for Master,3/O,5E etc not written
3)Capacity of rank employed for seafarer not written
4)No. of crew including Master, column not filled for any crew
5)Basic wages in AOA and appointment letter differ for all crew members.

10 During the employment on board the company ships,seafarer are provided with
free and prompt medical treatment in respect of sickness and injury
There is evidence to show that Electrical Officer was declared unfit for duty
by Doctor at Singapore between 8-14 July 2013 and advised complete bed
rest.Also if a symptoms persists then further advice or physiotherapy was
recommended .However ,he is on pain killers from 14 th July till date and
Doctors recommendations are not followed.

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 11 1)As per MLC code A 5.1.1 para 2 , MLC 2006 code copy should be on board.
2)Cook should be certified by member state who have ratified MLC 2006 or
certification of ships cook convention 1946 (no 69) or other approved body.
S. No. Requirements under MLC 2006 and / or DMLC
12 The company ensures payment of wages to the seafarer engaged on board in
accordence with the agreement of their work at no greater than monthly intervel.
13 All seafarers working on board company ship shall have signed agreement signed There is objective evidence to show that they are not filled completely / filled
between the company and the seafarer for the said contractual period, which gives wrongly/data missing as following examples.
decent working conditions to the saefarer.
14 Water to be tested periodically using shipboard test kit.
15 As per MLC Part II, 10, the Ship Owner will ensure that the food and drinking
water is provided of appropriate quantity and nutritional value.
16 As per MLC Part II, 8. b The master shall carry out weekly inspections of
accommodation area including common spaces, store rooms and recod the
condition in the log book. Also as per MLC Code 4.3.1, seafarers on ships are
provided with occupational health protection and live, work and train on board ship
in a safe and hygienic environment.
17 A monthly account of wages earned and paid is given to the safarer on board.
18 The terms and conditions of employment for seafarer are based on prevailing
INSA-MUI/NMB agreement.
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There is no evidence to show that
1) MLC 2006 code copy is available on board.
2)Ships cook have COC.
Deficiencies/ Observations
There is evidence to show that basic wages for following seafarer are less
than the INSA-MUI agreement.
1) Additional Chief Engineer
2)Electronic officer
1)Applicable Collective Bargaining Agreement not mentioned for any seafarer
e.g.Master, 2/O, CEO, 3E etc
2)TME, written under INSA-MUI however there is no rank of TME in INSA-
MUI agreement .
3)Nationality, Place of birth, Medical Reg No. of Doctor wrong for one
seafarer.
4)No. Of crew mentioned on AOA not correct .
There is no objective evidence to show that same is provided on board.
However vessel has been provided with only mineral bottled water for
drinking.
There are evidence to show that vessel's fresh water generator, UV sterilizer
are not working. The vessel found using water from 2 nos of vessel’s fresh
water tanks filled in ports and served through 3 nos of RO plants. However,
there is no evidence to show that no manual / maintenance records available
onboard for the above 3 RO plants.
There are evidence to show that general cleanliness of accommodation,
companion way, common areas, laundry, public toilets below A –Deck and
work areas in Engine room platforms and ECR were not in satisfactory
condition,although as per weekly records all showing good. Also illumination
of lightings in the above areas were not efficient.
However there is no objective evidence with the seafarer that monthly
account of wages given to them
However there is objective evidence to show that basic wages for crew as per
NMB agreement is 6300 but AOA shows 5710 for all crew .
 19 As per DMLC Part II, 10.1 the Ship Owner shall ensure to provide food and
drinking water of appropriate quantity and nutritional value.
There is evidence to show that UV lamp of UV sterilizer is not working and
filters of Water coolers / Mineralizer are not replaced / renewed as per the
Manual. No maintenance records available onboard for mineralizer, UV
sterilizer and calorifier. Fresh water tanks were found last inspected / cleaned
in 2009 during dry-docking and no records of sample testing of fresh water
also not available onboard.

20 Ref. DMLC Part II, para 12, the company shall provide seafarer onboard with However, there is evidence to show that, Chief officer, ref. letter to
health protection and medical care. Shipowner, Mumbai dated 07/09/2013 requested assistance of shore doctor
following his injury after fallen on deck on 05/09/2013. He also reported that
he is suffering from spondylitis and was vomiting frequently.

S. No. Requirements under MLC 2006 and / or DMLC Deficiencies/ Observations

21 a) As per DMLC Part II, 4.2, Article of agreement to be prepared as per the a) There is evidence to show that Article of agreement of newly joined c/o
directions in DGS order of no 4 of 2013 dated 01/03/2013. dated 31/07/2013 and 4th Engineer dated 12/07/2013 were prepared in old
b) As per DMLC Part II, 3.6.10.3, the cook must be trained and qualified for his format not complying MLC requirements.
position onboard. b) Ship’s cook does not have COC.

22 1) Most of the crew medical certificates are not as per format recommended by 1) There are evidence to show that most of the medical certificates are not
GOI for compliance with MLC 2006 requirements. found issued by DGS approved medical examiner.
2) As per DMLC Part II, 10.3, Ship's cook need to be trained and qualified as per 2) Ship's cook not having COC.
DGS order 7 of 2013.
23 As per DMLC Part II section 14 and shipboard MLC manual section 14 (under There is evidence from ship record that above regulation not compliance for
heading Payment of Wages to the seafarers engaged by them, in accordance with two seafarers (both sign-on as a fitter rank as per Article of Agreement made
the agreement for their work at NO greater than monthly interval. between shipowner & seafarer. Monthly wage not provided in AOA and there
is also no contract or appointment letter between them(Between shipowner
and Above two Seafarer. On board record also evident that both fitter has
made contract agreement with SEAMAN INDUSTIRES, KOLKATA for
serving on ship and this recruitment and placement service license which is
also not in list of shipowners regonised manning agency.

24 As per DMLC Part-II Para 10, The Master shall ensure that the food served on
board is hygienic, of good quality.
25 As per DMLC Part-II Para 10, Master to ensure
that shipboard staff is provided with safe drinking water. Most of the water is
generated on board through fresh water generator and passed through UV filter
prior to storage in drinking water tanks, minerals are required to be added.
26 MLC procedures manual Sec.1.8.15 states that sanitary,hospital and laundry
facilities are provided on the ship and regularly inspected and maintained in clean
and hygienic condition.
1. Rotten vegetables in vegetable room are not segregated and kept together
with good vegetables.
2. Expired dry provisions and cold drinks not segregated and kept together
with good ones.
From vessel inspection and during interview it is observed that there is no
provision for adding minerals and verification of quality of drinking water.
The above found not in full compliance as evidenced by the following:
a.The toilet on main deck in accomodation found not operational.
b.Drier found not provided in the laundry

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 27 Standard mandatorily requires that seafarer's employment agreement must cover The same found not complied with in the SEA available on board for the crew
details like the seafarer's date of birth,birth place,ship owner's name & addressthe members recruited through a manning agency.
place where and date when the SEA is entered into,amount of paid annual
leave,the health and social security protection benefits to be provided to the
seafarer by the ship owner etc.
28 MLC PART II-REG 1.2-medical certificate will be as per MS Rules(Medical
examination) 2000;
Observation-Few column in medical certificates are found blank;
29 DMLC PART II-REG 3.1- Accommodation to be maintained in a decent and
habitable way
S. No. Requirements under MLC 2006 and / or DMLC
30 As per DMLC Part II Section 4, the Seafarers' employment agreements should
specify the relevant collective bargaining agreement as applicable and other
contractual clauses, terms and conditions.
31 As per DMLC part II Section 12
(a) the master has the overall responsibility for administering prompt medical
treatment to ill or injured personnel on board.
(b) the vessel shall carry on board medicines as recommended in list provided in
the international Medical Guide for ships and as per the national requirement.
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Audiometry test column in all medical certificates on board found blank;
However hearing were stated NORMAL.
Accommodation found not maintained properly as following deficiencies
found during inspection;
i)Shower heads in bathroom of crew cabins found missing;
ii)Dryer in crew laundry not working;
Deficiencies/ Observations
However, as evidenced below, some of the SEAs found deficient with respect
to various clauses.
1. The Employment agreements of 2nd officer, 3rd officer and SHM do not
specify the relevant collective bargaining agreement.
2. The Employment agreement of 2nd Officer indicates Nil PF contribution
whereas his salary slip shows PF deduction from salary.
However, the requirements found not fully complied with as evidenced
below:-
1. Hospital accommodation found not hygienically maintained (such as poor
cleanliness of floor area, toilet, beds, clothes, etc.)
2. Hospital fridge found stored with food stuff.
3. Following expired items found held in the medical chest
(i) Baralgan M, Qty 122, Batch No. 029022
(ii) Cooler Relief Spray, Qty 02
(iii) Hypodermic Syringes Qty 127
(iv) Elastic Adhesive bandage Qty 11
(v) ENO salt Qty 01
 32 As per DMLC Part II Section 8 - Inspections of the seafarer’s accommodation
shall be carried out by or under the authority of the Master to ensure that it is
clean, decently habitable and maintained in a good state of repair.
33 As per DMLC Part II
Section 6.2 – A table of shipboard working arrangements shall be posted in each
ship, tabulating the anticipated daily working periods scheduled for all seafarers.
Section 9.3 - shipowner has to provide on board the ship television, magazines,
reasonable access to ship-to-shore telephone communication, email where
available, at a reasonable cost.
S. No. Requirements under MLC 2006 and / or DMLC
34 As per DMLC Part II Section 4, the Seafarers' employment agreements should
specify the relevant collective bargaining agreement as applicable.
35 As per DMLC Part II
Section 12 - All Ships shall carry medical chest
The Master has the overall responsibility for administering prompt medical
treatmant
Section 10 - The company shall provide free of charge food and drinking water of
appropriate quality
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However, the maintenance of accommodation found not fully effective as
evidenced below:-
1. Water taps at crew common toilet, ship officers’ laundry and at few other
locations are not working.
2. Minor leakages noticed from galley wash basin
3. Some of the water coolers (such as in A, B and C decks) found not
working
4. Galley food lift found not working
5. Light shades broken at few accommodation areas and toilets
6. Crew common toilet window curtain damaged and one WC flush not
working
8. Bed bugs menace reported in crew accommodation
9. Ladder for Upper bunk found broken in 2 crew cabin(C) on A deck.
Observations as evidenced below made during the MLC inspection.
1. Though table of Hours of work/rest is maintained in file, same found not
posted at appropriate locations.
2. Magzines found not provided in recreation rooms
Deficiencies/ Observations
The relevant CBA found not clearly identified in following Agreements:-
(a) 2nd cook
(b) Jr. Engineer
(c) 4th Engineer
(d) TNOC
(e) 3rd Officer
1. Storage location of medicines not indicated in the medicine list for easy
identification/retrieval.
2. It has been indicated on the UV sterilizer in Engine Room that the cartridge
was last replaced on 10/09/2011 whereas, the PMS record indicates the
renewal date as “28/02/2013”.
3. MLC Compliance manual held on board does not have Table of content,
revision sheet, appropriate numbering of sections (co-relating with DMLC
Part II), etc.
 36 SI. NO.8 - Accommodation (Reg.3.1) to be maintained in a good taste of repair. Following defects noted in Accommodation : -
i) crew laundry - Basin Tap and ironing board - not working; ii) crew cabin - 2
nos shower head broken; iii) officer charge room- bath room basin tap and
shower to be repaired, iv) water heaters(2 nos) in officer pantry not working.
37 Sl.no.4. Seafarers Employment Agreement (Reg:2.1) should be there between Only article of agreement on board; applicability of CBA in TNOC / Jr.Eng not
Owner & Seafarer; mentioned in AOA; Salary of Jr. Eng mentained as basic in AOA & Stipend in
Bond; Termination Clause and Repatriation Clause not clearly mentained;
Engagement period kept blank.
38 SI .no. 2 Medical certification (Reg 1.2) - valid certificate of fitness with test rpts. i) Crew medical certificates - not having attachments like Audiometry rpt and
ECG rpt.
ii) Medical certificate of 4th Engineer - Does not include uncorrected vision
reading. (where as he is wearing glasses)
39 Seafarers will be given monthly account of payments due and the amount paid, Monthly account of wages of none of the crew could be found on board.
including wages,additional payments......."
40 A monthly account of payment shall be given to the seafarer. Vessel's existing account of wages system not capable of generating monthly
account of payment/wages. Portage Bill being generated as TRIAL Portage
Bill.
Portage Bills of 4th Engineer dated 31/07/2013.
41 Medical Certificates issued after Pre Sea Medical Fitness examination for The Medical Certificates does not mention compliance to MLC 2006.
seafarers to be MLC compliant. 1. Medical Certificate of MASTER, issued 04/06/2013 at Mumbai.
2 Medical Certificate of C/Engg, issued 18/06/2013 at Mumbai.
42 Seafarers employed as ship's cooks shall be trained and qualified as stipulated in Vessel's both cooks do not possess Certificates as stipulated by DGS orders
DGS order 7 of 2012 (CR/Misc/1/2009) dated 17.12.12 as amended by 7 of 2013 mentioned above.
and 11 of 2013.
43 THe Medical Certificate shall be valid for a maximum period of 2 years. Medical Certificate found issued with validity 2 years 01 day.
*Medical Certificate of SHM, issued 09/07/2013, valid till 09/07/2015

S. No. Requirements under MLC 2006 and / or DMLC Deficiencies/ Observations

44 Seamen Employment Agreement to be in accordance with DG Shipping order no 4 SEA for a section of crew not in compliance. An older format in use.
of 2013. The available SEA on board states that "One time casual allotment is allowed
Allotment for crew. only after completion of 2 months of service.... remaining recovery ... at the
time of signing off." Evidence was not available that any casual allotment is
being entertained [Example Chief Cook]

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 45 secn 4- shipowner will ensure that it complies with all terms and conditions in
seafarers employment agreement.
46 One hard copy of the record related to hours of work & hours of rest duly signed
by the respective seafarer & the master is handed over to the seafarer as his
personal record.
47 The seafarers employed on the company’s ship are covered by a CBA/ITF/IBF
agreements or service terms & condition of employment.
The CBA that may form a part of it is available on board to each seafarer.
48 A Copy of the Collective Bargaining Agreement which forms a part of the
employment agreement shall be available on board the vessel.
49 All seafarers shall be paid for their work regularly and in full in accordance with the There is objective evidence to show that above is not complied with. Monthly
employment agreements.
50 There is variance in DMLC part II, national
requirement and compliance on board. Following noted in DMLC part II-
-Section 2- Total seafarers onboard: 15 (including Master).
-Section 4(10)- SEA does not refer to CBA, as CBA is not applicable.
51 The repatriation of the seafarers shall be at no cost to seafarers; on conditions
mentioned in clause VI (13) of the AOA. Each member shall prohibit of ship
owners from recovering the cost of repatriation from the seafarers wages.
S. No. Requirements under MLC 2006 and / or DMLC
Page 7 of 9
There is objective evidence to show that not all requirements of secn 4 of
DMLC -2 are complied -- Noted:
a) Article of agreement- all sections not filled for eg details of employment
wages, nationality , communication details, medical cert, monthly allotment,
pp no., .
b) Employment contract states comm of wages " dep from port of
engagement ".
c) AOA and Employment contract basic wages for deck cadet mismatch :
AOA- 5000/PM , EC 4500/PM
Seafarers are not given the copy of record related to hours of work & hours of
rest duly signed by the respective seafarer & the master.
1) Crew & petty officers on board are covered under NMB agreement as per
their appointment letters, however crew are entitled (deduction) for P.F but
petty officers are not covered.
2) Seafarer- crew & petty officer are not aware about term & condition of
NMB agreement. NMB agreement not available on board.
There is an objective evidence that complete CBA is not available on board.
salary for the month of Nov 2013 of OS was not paid as per agreement.
Salary slip reflects more deduction (employer PF, PAF, VPF).
There is objective evidence to show that
there is variance in DMLC part II and compliance on board.
1) Total seafarers on board: 15 (including Master) as per DMLC part II,
however in certificate of registry and actual on board is 14 including master.
2) CBA is marked applicable in Cl.1 of AOA for the crew employed on board.
Copy of CBA found on board.
There is objective evidence of salary slip to show that repatriation is included
as part of monthly wages.
Deficiencies/ Observations
52 DMLC-1 ( mlc regn 3.6.8)- Weekly inspection carried out by master or his
representative on board to ensure seafarer accomodation is clean. For vessel
constructed before MLC 2006 came into force MS accomdn rules 1960 shall apply. 1) Noted crew toilet smelly and shabby. WC flushes system not working.
Accommodation including recreation rooms on board is generally not clean
and decently habituated.
2) Cockroaches in galley sighted and reported bed bugs by crew.
3) A/C system not fully operational.
4) Noted one SHM does not have mattress and is sleeping on sofa.
5) Various lights do not have screens and are open.
6) Pantry scuppers chocked.
7) Record of inspection of accommodation is entered in loose pages as
vessel does not have official log book since January 2013.

53 DMLC-1 Any seafarer including young persons employed on board a ship /vessel There is objective evidence to show that not all persons employed onboard
shall hold a valid medical certificate declaring him/her to be medically fit. are in possession of valid Medical Certificate. Noted 2 nos. repair squad
personnel on board since May 2013 are not in possession of any medical
certificate.
54 DMLC 1- Documented inspections shall be carried out on board the ships with an Not all items on board are within expired date of use. Noted Bread, Sauce
interval of 15 days under the authority of master with respect to supplies of food expired. FW generator onboard not working full capacity & vessel on coastal
and water. trade. No record of FW generation and drinking water quality test.
DMLC 2- Shipowner shall provide free of charge food and drinking water of
appropriate quality.
55 DMLC 2- All ships and seafarers when joining the ship are provided with a copy of There is objective evidence to show that requirement is not complied as
the onboard complaint procedure. seafarers are not handed over the complaint procedure & seafarers are
not familiar with above requirement.
56 DMLC 2- Shipowner agrees to make payment of wages to the seafarers engaged Noted in AOA of fitter states monthly wages as per contract available for
by them in accordance with agreement for their work at no greater then monthly verification.
intervals. Each seafarer shall be allowed to have remittances of monthly allotments Crew not familiar with procedure for Allotment and same was not followed on
to their families during their article period. board. Noted same during interaction with crew, Seafarers employed through
RPS companies are in possession of AOA signed by RPS and contract
signed by shipowner. AOA states basic wages and contract states wages
(additional payment) calculation and payment is not clear if it follows basic
wage system or consolidated wage system.

57 As per DMLC part II section 4.3shipownner will Ensure that the Seafarer's Employment Agreement of Crew/ officer Employed through RPS was not
Employment agreement Including Collective Bargaining agreement ( CBAs) in available with Crew and Officer and Article of agreement for Employment of
English , is accessible on board to seafarers, including the ship's Master and Seafarers was not marked for applicable CBAs.
Officers of a competent authority.
58 Shipowner agrees to make payment of wages to theseafarers engaged by them in There is an objective evidence to show that a monthly account of wages is
accordance with the agreement for their work no greater than monthly interval. not provided to the seafarers. Also the evidences show that crew employed
by the RPS agent for shipowner are paid only after signining off from the
vessel.

Page 8 of 9
S. No. Requirements under MLC 2006 and / or DMLC
59 SEA between shipowner and its agent and seafarers is subject to the condition
that the seafarer will serve as a capacity/rank on wages as indicated in articles of
agreement for employment of seafarer and service condition as per applicbale
CBA.
60 shipowner shall provide free of charge , food and drinking water of appropriate
quality, nutritional value and quantity which covers the requiremnt of ship for the
voyage and also takes in to consideration the cultural and religious background
and that the food is served in hygenic condition.
61 SEA is a contractual agreement between an individual seafarer & shipowner.This
agreement between shipowner or it's agent and seafarers is subjected to the
condition that the seafarer will serve in capacity/rank as wages as indicated in
AOA for employment of seafarer. Shipowner will ensure that the SEA is accessible
on board to seafarer's including ship's master.
62 As per DMLC part II, SEA is a contractual agreement between an individual
seafarer and shipowner. This agreement between shipowner or it's agent and the
seafarer is subjected to the condition that the seafarer will serve in capacity / rank
on wages as indicated in AOA for employment of seafarer. shipowner will ensure
that the SEA is accessible on board to seafarers including ship's master.
63 1.As per DMLC part II, shipowner shall provide free of charge food and drinking
water of appropriate quality, nutrional value and quantity.
2. Shipowner shall ensure that seafarer employed as ship's cook shall be trained
and qualified.
64 As per DMLC part II, All seafarer , when joining the ship are provided with a copy
of the onboard ompliant procedure.
65 As per DMLC part II, 10 hrs in any 24hrs period of rest minimum must be given to
the saefarer.
66 Crew Accommodation Plan
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Deficiencies/ Observations
Copies of article of agreement for seafarers found not completed with respect
to PF/Gratuity . Off signers are not advised the amount due, though record
provided by the sefarer show that employer/agent do deposit the amount in
fund .
Vessel is on self messing system and hence company doesn't have direct
control on the quality and quantity of the food served on board. Master to be
advised to report at regular interval regarding the same.
(1) SEA is not issued to seafarers employed by owner's agent and during
interview it was reported that they are paid less than NMB agreement/AOA.
(2) MAster of vessel is not having access to SEA for crew on board.
(3) Owner's detailed entered in AOA of CEO,@EO,Tr.DPO etc. as shipowner
which is not matching with vessel cert. of registry.
1. Master of vessel is not having access to SEA for crew on board.
2. All column of AOA is not filled as per DGS order for all crew on board.
3. SEA of cadet & crew on board not sighted.
1. Expired food found during provision store and galley inspection e.g. Bread,
paneer, chat masala etc.
2. During interview it was reported that on board seafarer's are purchasing
drinking water for daily use. No PMS sighted or carried out for Water purifier
on board.
3. Ship's cook is not having cert. for cookery as per DGS guidline.
No seafarers on board are provided with on board compliant procedure when
joining ship.
Rest given to three seafarers for the month of July & august 2013, is less
than 10 hrs in any 24hrs period.
The Crew Accommodation Plan available
on board found not approved.The supporting documents were verified on
board and found that the said Plan has been submitted for approval.