Port State Control (PSC) inspections of Foreign flag vessels visiting Indian Ports - reg

1. Port State Control (PSC) Inspections

Indian Port State Control (PSC) inspections of foreign flag vessels visiting Indian ports are governed by the United Nations Convention on the Law of the Sea (UNCLOS), various international conventions, and the Merchant Shipping Act 1958.

• Purpose: To verify compliance with applicable international rules and standards and take appropriate administrative measures, including detention of the vessel.
• Applicability: All foreign flag vessels voluntarily visiting Indian ports, including ships below non-convention size and belonging to non-parties to the conventions, subject to the extent of application as mentioned in IMO Resolution A.1052(27).
• PSCOs Qualifications: Qualified as a master or chief engineer with appropriate seagoing experience, or a qualified officer of the Administration with an equivalent level of experience and training.
• Inspection Procedure: PSCOs must adhere to IMO Resolution A.1052(27) for general principles of inspection, selection of ships, more detailed inspection, and detention of ships. They must also ensure that the master is provided with a prescribed report at the conclusion of an inspection.
• Targeting of Ships: Ships should be targeted based on their previous inspection performance using the 'online assessment' program available on the IOMOU website. Ships inspected by IOMOU member countries within the last six months need not be inspected again unless there are 'clear grounds' for a more detailed inspection.
• Detention of Ships: Detention is an intervention action taken when the condition of the ship or its crew does not correspond substantially with the applicable conventions. The list of deficiencies that may warrant detention is provided in Appendix 2 to IMO Resolution A.1052(27).
• Suspension of Inspection: In exceptional circumstances, a PSCO may suspend an inspection if the overall condition of a ship is found to be obviously substandard. The suspension continues until the responsible parties have taken steps to ensure that the ship complies with the requirements of the relevant instruments.
• Detaining Authorities: Only officers duly authorized by the Central Government as 'Detaining officers' under sect.336 of MS Act 1958 as amended, can order the detention of a foreign ship while in India. Principal Officers of Mumbai, Kolkata, Chennai, Kandla, and Kochi or officers duly authorized by them shall exercise this authority under their respective jurisdictions.
• Reporting of Detention: In case of detention, the Master of the ship shall be formally served with a 'Detention order' in the prescribed format, along with the inspection report. The detention order and subsequent release order must be promptly communicated to the Flag State, Recognised Organization, and the PSC cell of the Directorate General of Shipping.
• Code of Good Practice: PSCOs are expected to undertake their inspections in the highest professional level, acting strictly within the law, within the rules of their Government, and in a fair, open, impartial, and consistent manner. They must adhere to the 'Code of good practice' issued by the IMO.
• Detention Review Procedures: The Master of the ship may make appropriate representation to the local Principal Officer and appeal against the detention to the appellate authority if aggrieved by the decisions of the PSCO. The Flag State authorities may appeal against the detention through the 'Detention Review Panel' of the Indian Ocean Memorandum of Understanding (IOMOU).