India examining reworking of Merchant Shipping Act

Contact Counsellor

Last Updated14/02/2024

India is looking at reworking its merchant shipping laws as it replaces the existing eponymous Act of 1958.

The new provisions will look to include up-to-date international maritime conventions to which the country is a party
- Allow for easier registration of ships under Indian flag by NRIs, overseas citizens of India, corporates including limited liability partnerships
- Enable electronic registration of vessels and granting recognition to e-documents like log-books, record books.
Merchant shipping refers to activities that are carried out for commerce rather than for defence or warfare.
Changes to the law that have been proposed are currently being deliberated with the Ministry of Ports, Shipping and Waterways being the nodal ministry.

Proposed under the new provisions is a three-tier dispute resolution mechanism.
It will look to resolve disagreements arising between ship-owners and salvors (those engaged in salvaging ships lost at sea)
- And also between sea-farers and owners or masters or agents of ship.
The resolution mechanism will look “to make the award of the shipping master enforceable instead of enforcement by a Magistrate
Previously ambiguous terms like “abandoned vessels” have been defined, while the new rules call for action against “unsafe vessels” too.
The Centre has been empowered to direct port authorities and others to take measures in respect of abandoned vessels.
The Merchant Shipping Act of 1958 provided for registration of Indian ships and enabled provisions looking to accelerate the pace of development of the sector.
The Act is divided into 24 parts, each part dealing with specific aspects of merchant shipping like:
- Registration of ships, sailing vessels and fishing vessels, National Shipping Board, manning of ships, engagement, discharge and repatriation of seamen and apprentices etc.
Air pollution arising out of ships operating in the sea has also been covered with appropriate actions.