1.
Merchant shipping (Medical Examination)
Rules,1986.
DEFINITION
In
these rules, unless the context otherwise
requires:
(a)
"Act" means the Merchant Shipping
Act, 1958 (44 of 1958).
(b)
"Annexure" means Annexure appended
to these rules.
(c)
"Director" means the Director,
seamen's Employment Office Bombay orCalcutta,
as the case may be, and included at other
places such other Officers as the Director
General of Shipping may appointed to perform
the functions of the Director under these
rules.
(d)
" Medical authority' for the purposes
of medical examination prior to first
Engagement of a seaman means a medical
authority appointed under rule 4
And for the
purpose of any subsequent medical examination
of a seamanmeans a medical officer being
a registered medical practitioner, appointed
Or,
as the case may be, designated as a medical
officer of the owner or
Agent
of the shipping Company appointed by the
Central Government for that purpose.
(e)
"prescribed standards" means
the standards of physical fitness as set
out in Axnnexure
"A".(f) All words and expressions
used, but not defined in these rules,
shall have the meanings respectively assigned
to them in the Act.
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3.
Application
The
following categories of seaman shall be
exempted from the provision of these rules
:-
i)
Seamen who have been registered in the
Home Trade Sector on or before
the 31st May 1972.
ii)
Deck Officers, Engineers, Radio Officer,
Pursers and Clerical Staff, Chief Stewards,
medical officers and their staff, Apprentices
and Cadets, Hair-dressers, Stewardesses
on Passenger ship, Electricians, Fitters,
Gunners, Wiremen, Hotel Staff including
bazarmen.
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4.
Appointment of medical Authority.
The
Central Government shall appoint such
numbers of Medical Authorities at the
such ports or places, as it thinks
fit for the purpose of sub – section (2)
of section 98 of the Act.
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5.
Medical Examination.
(1)
Every seaman prior to his registration
in the Seamen’s Employment Officer
Employment
Officer shall appear before the medical
authority appointed under
rule 4 and obtain a certificate of physical
fitness.
(2)
At the time of engagement on board the
ship the seaman shall be examined
by the Medical
authority appointed by the shipping Company
duly approve bythe Central Government
to be the Medical; Authority for the purpose
of theserules.
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6.
Arrangements for Medical Examination.
(1)
On receipt of an application for medical
examination, the Director, after
satisfying himself that the applicant
is otherwise eligible, shall cause
Particulars of the seaman to be Posted
in a register and shall fix a date, time
and Place for such medical examination
and inform the applicant medical examination
and inform the applicant accordingly,
He shall also transmit to the Medical
Authority a request for the medical
examination of such seaman giving relevant
particulars, namely name, age, category,
and marks of identification.
2)
On selection of any seaman for engagement
on board the ship, the owner or agent
of the ship shall cause relevant Particulars
of the seaman
namely,
name, age, category, mark of identification,
registration number and continuous discharge
certificate number to be furnished to
the Medical Authority and fix date, time
and Place for medical examination of the
seaman.
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7.
Appearance for medical examination.
Every
seaman referred to in rule 6 shall present
himself before the Medical Authority and
Produce his registration book and continuous
discharge certificate, if held, at the
appointed time and place for medical examination
and at such subsequent date
and times as he may required by the Medical
Authority.
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8.
Nature of Medical Examination
Every
seaman appearing for medical examination
shall be subjected by the Medical Authority
to such tests as may be considered necessary
for determining his physical fitness in
accordance with the prescribed standards
as laid down in Annexure
‘A’.
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9.
Records of medical examination.
The
Medical Authority shall maintain a full
record of the medical examinations conducted
with copies of certificates of physical
fitness issued and shall also send weekly
returns to the Director showing the result
of the medical examination in respect
of every seaman examined during the week.
The date and result of the examination
shall also. be endorsed in the registration
book at the place reserved for additional
endorsements.
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10.
Certificate of physical fitness.
(1)
On completion of initial medical examination,
the Medical Authority shall issue to every
seaman satisfying the prescribed standards,
a certificate of physical fitness in the
Form set out in Annexure
‘B’.
(2)
In the event of seaman failing to satisfy
the prescribed standards due to any
temporary defect, which in the opinion
of the Medical Authority is likely to
be cured after treatment, the Medical
Authority shall issue to the seaman a
certificate with the remarks “temporarily
unfit” indicating generally. where possible
the reasons for such unfitness and with
the remarks that the seaman should come
for re-examination after the cause of
his temporary unfitness are removed.
(3)
A seaman not satisfying the prescribed
standards of physical fitness and found
suffering from a disease or physical defect
which, in the opinion of the Medical Authority
examining him, renders him permanently
unfit for sea service, shall be given
a certificate of permanent unfitness.
Note:-
Sub-rules (2) and (3) shall not apply
to new entrants examined in accordance
with the standards prescribed in Part
I of Annexure
A
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11.
Records of results.
The
Director shall maintain a record of the
results of Medical examinations in respect
of seaman referred by him for medical
examination.
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12.
Validity of certificate of physical fitness.
Subject
to the provisions of sub-rule (2) of rule
5, a certificate of the physical fitness
issued by the Medical Authority shall
remain valid till such time the seaman
is found permanently unfit in any subsequent
examination or otherwise.
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13.
Appointment of the Appellate Authority.
(1)
The Central Government may, by order in
writing constitute an Appellate Authority
comprising of not less than 3 specialists
in any branch of medical science.
(2)
Panel of specialists constituting Appellate
Authority shall be drawn by the Central
Government in consultation with the representative
organizations of shipowners and seafarers.
No person in the employ of any owner or
agent of a ship or of representative
organizations of shipowners or of seafarers
shall be empanelled in constituting such
Appellate Authority.
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14.
Appeal against the decision of the Medical
Authority.
(1)
A seaman may, within a period of sixty
days from the date on which he is declared
unfit by the Medical Authority, appeal
against such decision to the Appellate
Authority through the Director: provided
that an appeal may be admitted after the
said period of sixty days if the
Director is satisfied that the seaman
had sufficient cause for not making such
appeal within the prescribed period.
(2)
On receipt of the appeal the Director
shall refer it to the Appellate Authority
and inform the seaman of the date,
time and place of his examination by the
Appellate Authority.
(3)
The decision of the Appellate Authority
shall be binding on the seaman as well
as owner or agent of the ship.
(4)
A seaman who has put in active service
on ships for not less than five years,
may apply to the Director, within a period
of twelve months 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 specialist
in that branch of medical science to which
his ailment relates. Provided that the
director may admit any application made
after the said
period
of twelve months if he is satisfied that
the seaman had sufficient cause for not
making the application within the prescribed
period.
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15.
Fees.
(1)
A fee of Rs. 5/- shall be paid by every
seaman for arrangements made by the Director
for his medical examination.
(2)
A fee of Rs. 5/- shall be charged from
the seaman for issue of duplicate certificate
of fitness.
(3)
Every application to the Appellate Authority
under Rule 14, shall be accompanied by
a fee of –
(a)
rupees 15, where the appeal is preferred
under sub-rule (1) quality and
(b)
rupees 20, where, the appeal is preferred
under sub-rule (4).
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16.
Repeal and savings.
(1)
The Indian Merchant shipping (Medical
Examination) Rules, 1958 are hereby repealed.
(2)
All appointments made, acts done or omitted
to be done and the certificates issued
under the repealed rules shall be deemed
to have been made, done or issued under
the corresponding provisions of these
rules.
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