Origins

• Prior to the promulgation of the RPS rules, there was no specific set of regulations to govern or regulate the recruitment of Indian seafarers onboard foreign-flagged vessels or at foreign ports. As a result, the recruitment process lacked order and posed greater risks in the event of any untoward incident occurring in a foreign port or country.
• The need for specific rules and a regulatory mechanism arose to govern the employment of the growing number of seafarers being recruited onboard foreign-flagged vessels at foreign ports.
• The same is also in compliance with Convention No. _______ of 2003, issued by the International Labour Organization, and is enacted in exercise of the powers conferred under sub-section (3) of Section 95 of the Merchant Shipping Act, 1958.
• The Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2005 were promulgated vide G.S.R. 182(E) and came into force with effect from 18.03.2005. These rules were subsequently amended and superseded by the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016, promulgated vide G.S.R. 169(E), which came into force with effect from 15.02.2016.
• Subsequently, the Government of India, through the Ministry of Ports, Shipping and Waterways, ratified the Maritime Labour Convention, 2006. Accordingly, the Merchant Shipping (Maritime Labour) Rules, 2016 were promulgated vide G.S.R. 202(E) and came into force with effect from 29.02.2016. These rules were subsequently amended by the Merchant Shipping (Maritime Labour) Rules, 2021, promulgated vide G.S.R. 441(E), which came into force with effect from 28.06.2021.
• Subsequently, the Government of India, through the Ministry of Ports, Shipping and Waterways, ratified the Maritime Labour Convention, 2006. Accordingly, the Merchant Shipping (Maritime Labour) Rules, 2016 were promulgated vide G.S.R. 202(E) and came into force with effect from 29.02.2016. These rules were subsequently amended by the Merchant Shipping (Maritime Labour) Rules, 2021, promulgated vide G.S.R. 441(E), which came into force with effect from 28.06.2021.

Meaning of RPSL

• The term 'RPSL' stands for Recruitment and Placement Service License.
• Any entity—whether a company, partnership firm, or proprietorship—holding a valid license under the RPS Rules is considered an RPSL agency, authorized to carry out the recruitment of seafarers for vessels owned by Indian or foreign shipowners, regardless of the flag the vessel is registered under.
• No person shall, directly or indirectly, carry on the business of recruitment and placement of any seafarer in India on behalf of an employer or shipowner of an Indian or foreign ship, unless registered and licensed under these rules.
• Rpsl Agency is Required to Function and Abide by Merchant Shipping ( Recruitment and Placement of Seafarer) Rules, 2016 as Amended From Time to Time.

Governing Authority

• The Offices of Seamen’s Employment Office [presently Located at Three Centres, I.e. Mumbai, Kolkata and Chennai] Established Under Section 12 of Merchant Shipping Act, 1958 Are Authorized to Look After Issuance / Renewal of Rps License Under Rps Rules.
• Director, Seamen’s Employment Office is the Authority to Look After These Duties Duly Assisted by Deputy Directors and Assistant Directors.
• Director, Seamen’s Employment Office is to Function Under Jurisdictional Principal Officer, Mercantile Marine Department, Wh is Head of Department in This Regard.

Applicability According to Rule 3 Under Rps Rules, 2016, They Are Applicable to Following:

• To Seafarers Recruited Through Licenses Recruitment and Placement Services.
• To Indian Ship Owners Who Are Recruiting Seafaers for Any Other Employers, Including Recruitment for the Foreign Flag Ships.
• Nothing in These Rules Shall Apply to the Seafarers Who Seek Any Employment Through Unlicensed Entities or Any Employment Directly With the Foreign Ship Owners or Employers.
• Responsibilities of Rps Agencies Are Defined Under Rule 5 of Merchant Shipping (Recruitment and Placement of Seafarer) Rules, 2016.

Inspection

• Any Registered Rpsl is Required to Undergo Inspection From Any Recognized Inspecting Authority Under Rule 13 of Rps Rules.
• The Inspection is Required to Be Conducted Annually or at the Time of Renewal of Rps License or at the Time of Change of Name of Rpsl or Change of Place of Business of Rpsl.

Bank Guarantee Mechanism