India reviewing its Merchant Shipping Act

Source-This post on India reviewing its Merchant Shipping Act is based on the article “Merchant Shipping Act recast in the works” published in “The Hindu Business line” on 12th February 2024.

Why in the News?

India is revising its Merchant Shipping regulations as it seeks to replace the current Merchant Shipping Act, 1958. Proposed legal changes are under discussion with the Ministry of Ports, Shipping, and Waterways being the nodal ministry.

What is the purpose of the newly proposed provisions?

The new rules aim to incorporate recent international maritime agreements that India has joined. They will also streamline ship registration for NRIs, overseas citizens of India, and corporations, including limited liability partnerships.

Additionally, the regulations will allow for electronic vessel registration and accept e-documents such as log-books and record books.

Key Provisions:

1. Three tier- dispute resolution mechanism:
a. The new provisions propose a three-tier dispute resolution system to address conflicts between ship-owners and salvors, as well as between seafarers and ship owners, masters, or agents.
b. The resolution mechanism aims to make the shipping master’s decision enforceable, rather than having a Magistrate enforce it.

2. Clear definition of ‘abandoned vessels’ and regulations for ‘unsafe vessels’:
a. Clear definitions for terms like ‘abandoned vessels‘ have been established. The new regulations also address ‘unsafe vessels.’
b. The Central government will have the authority to instruct port authorities and others to take measures regarding abandoned vessels.

3. Coverage of New Areas:
a. The new provisions address marine incidents and emergency response, aiming to assure ship-owners of statutory safety measures for vessels.
b. There are also discussions about implementing strict rules, including prosecution and conviction, to prevent and contain pollution. Air pollution caused by ships at sea is also being aimed to be addressed with appropriate actions.

Note– Merchant shipping involves commercial activities rather than defence or warfare.

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