Merchant Shipping Act, 1951 (Act No. 57 of 1951)SchedulesSeventh ScheduleMaritime Labour Convention, 2006Definitions and Scope of ApplicationArticle II |
| 1. | For the purpose of this Convention and unless provided otherwise in particular provisions, the term: |
| (a) | competent authority means the minister, government department or other authority having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned; |
| (b) | declaration of maritime labour compliance means the declaration referred to in Regulation 5.1.3; |
| (c) | gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention; for ships covered by the tonnage measurement interim scheme adopted by the International Maritime Organization, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969); |
| (d) | maritime labour certificate means the certificate referred to in Regulation 5.1.3; |
| (e) | requirements of this Convention refers to the requirements in these Articles and in the Regulations and Part A of the Code of this Convention; |
| (f) | seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; |
| (g) | seafarers’employment agreement includes both a contract of employment and articles of agreement; |
| (h) | seafarer recruitment and placement service means any person, company, institution, agency or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners; |
| (i) | ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; |
| (j) | shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner. |
| 2. | Except as expressly provided otherwise, this Convention applies to all seafarers. |
| 3. | In the event of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question. |
| 4. | Except as expressly provided otherwise, this Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries. |
| 5. | In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned. |
| 6. | Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages. |
| 7. | Any determinations made by a Member under paragraph 3 or 5 or 6 of this Article shall be communicated to the Director-General of the International Labour Office, who shall notify the Members of the Organization. |
| 8. | Unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to the Regulations and the Code. |