Uploading seamen's engagement particulars in Form III- A by RPS providers- reg.

Crew Branch Circular 03 of 2012
NO:CR - RPS-101-2011 Dated: 03.07.12
Subject: Uploading seamen's engagement particulars in Form III- A by RPS providers.- reg.
  1. The Merchant Shipping [Recruitment and Placement of Seafarers] {M. S. (RPS)} Rules, 2005, as amended, stipulate that the recruitment and placement service providers have to upload the data on the engagement of seafarers' by them in the prescribed Form III- A thereof on a monthly basis, before the 10th of the succeeding month. The said Form III - A enables the tracking of the details of placement of seafarers', and hence, attains significance as a safeguard against fraudulent information and forged documents thereto, inter-alia. Considering the importance of the information furnished in the said form, the necessity to obtain authentic data for verification of sea service and the requirement to create a data base of seafarers', it was decided to advise all the RPS agents to upload their old data on engagement of seafarers' prior to January, 2010. Accordingly, guidelines were issued, by the Directorate General of Shipping, Govt. of India, in terms of its Circular No. 1/2011 [F. No. CR-MISC-1/2011] dated 05.04.2011, to the RPS agents who were renewing their RPS licenses to upload their old RPS data from the date of such licenses up to December, 2009, by December, 2011.
  2. Now, on scrutinizing the said data submitted by RPS providers, certain irregularities have been noticed. The M. S. (RPS) Rules have come into existence vide the Govt. of India Notification No. GSR 182 (E) [F. No. CR-RPS-01-2011] dated 18.03.05. The process of issue of RPS licenses began on the promulgation of the said Rules. However, it is seen that the RPS providers have now uploaded data in Form III - A since the year 2000 onwards. It is observed that a number of RPS providers are uploading their seafarers' engagement data, as such, prior to the date of obtaining the RPS licenses by them. However, the seafarers' engagement data prior to the RPS Rules and preceding such firms obtaining RPS licenses is not expected to be brought under the coverage of the RPS Rules. Moreover, this office Crew Branch Circular No.9 of 2007 [F. No. 33 (1) CR/2000/Vol. V] dated 21.09.07, of the Directorate General of Shipping, clearly specifies that the sea service of any seafarer who has not been engaged / employed through an authorized RPS provider shall not be considered. All RPS providers are, therefore, advised that the data prior to their obtaining RPS licenses should not be submitted in the RPS Form III - A. The data so submitted, till now, shall not be considered for the verification of the sea service merely because of its availability in the RPS e-module of this office. Such sea services will be accepted only after a thorough investigation and also on following the guidelines issued under this office Crew Branch Circular No. 9 of 2007 dated 21.09.07.
  3. Guidelines as provided in the enclosed Annexure I (1 page) are prescribed for dealing with such data uploaded prior to obtaining a RPS license till now.
  4. All the RPS providers are, hereby, directed not to upload any seafarers' engagement data in Form III A, other than for, the period for which they are in possession of valid RPS licenses. Non- submission of data in Form III A for the validity period of their RPS licenses will attract action under the M. S. (RPS) Rules.
  5. All RPS providers are directed to note and follow the above guidelines. All Mercantile Marine Departments (MMD) are also advised to check the sea service of the seafarers considering the above guidelines.
  6. It is also noticed that the RPS providers are requesting for correction in their Forms III A with reference to the column relating to 'Commencement of contract'. In most of the said applications, the on- board sign- on date of the seafarer's concerned are requested to be substituted, under the column 'commencement of contract', which is erroneous. Since the column relating to 'on board sign on' date is not available in the Form III A, there is no provision available, at present, to upload this detail. The said verification authority has to, therefore, rely on the CDC entry of the 'on- board sign- on date' for sea service and 'commencement of contract' entry on Form III A for counter- checking. RPS providers /checking authorities are, therefore, advised to adhere to the above guidelines.
  7. This issues with approval of the Director General of Shipping.

(C. Rethinadhas)
Dy. Director General of Shipping

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