(1) The seafarer shall be engaged only by,---
(a) the recruitment and placement service agency possessing the licence granted under this Part; or
(b) the owners in the case of Indian vessel for the vessel owned by them.
(2) No person,---
(a) other than an owner of Indian vessel in respect of the vessel owned by him, shall carry on the business of recruitment and placement service, unless he is in possession of a valid licence granted under this Part;
(b) shall engage any seafarer under this Act in any vessel unless the seafarer is in possession of a continuous discharge certificate and seafarers identity documents issued under this Part except as otherwise exempted;
(c) shall demand or receive, either directly or indirectly from any seafarer or person seeking onboard training or employment as seafarer or any person on his behalf, any remuneration or fees or other charges for seafarer recruitment or placement or for providing onboard training or employment to seafarer or person seeking onboard training or employment as seafarer: Provided that the cost of obtaining a medical certificate, the continuous discharge certificate or identity document and a passport or other similar personal travel documents by the seafarer may be borne by the seafarer or any person on his behalf but not including the cost of visas, which shall be borne by the ship owner;
(d) shall discriminate between seafarers as regards their recruitment and engagement onboard any vessel,---
(i) on the ground of their membership or lack of membership in any particular union purporting to represent the interests of seafarers;
(ii) on the basis of training institute from where they obtained the training or the place of grant of their continuous discharge certificates.
(3) The Central Government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interest of seafarer, it is necessary so to do, may, by order in writing, prohibit the master or ship owner or his agent other than of an Indian vessel specified in the order, from engaging any person to serve as a seafarer on such vessel.
(4) The services of the seafarer engaged in contravention of sub-section (1) shall not be recognised for the purposes of certification under Part IV.
(5) The Director-General may suspend or withdraw the continuous discharge certificate or certificate of competency or the certificate of proficiency of a seafarer who seeks or obtains employment as a seafarer in violation of sub-section (1) and clause (a) of sub-section (2), with his own knowledge:
Provided that no order for suspension or withdrawal of any certificate shall be passed unless the seafarer has been given a reasonable opportunity of being heard.
(6) Every recruitment and placement service agency possessing the licence granted under this Part shall,---
(a) ensure that the ship owner has the financial ability to repatriate abandoned seafarers;
(b) ensure that the ship owner repatriates abandoned seafarers along with their maintenance and required medical assistance before such repatriation;
(c) in case of death, transport the mortal remains of a deceased seafarer;
(d) ensure that the labour conditions on the vessel where the seafarer is placed are in conformity with the seafarers employment agreement;
(e) ensure that any incident onboard the vessel causing injury, disappearance or death, is reported within twenty-four hours of receipt of such information to such authority, in such form and manner as may be prescribed;
(f) ensure that reports in relation to seafarers recruited or placed through the recruitment and placement service agency, including any change in the terms and conditions of the recruitment and placement, are submitted to such authority, in such form and manner within such time as may be prescribed;
(g) undertake such other responsibilities as may be prescribed.