Bill seeks to repeal Merchant Shipping Act, 1958 as well the Coasting Vessels Act, 1838.
Why the bill repeals old laws?
- As a result of various amendments carried out in the Merchant Shipping Act, 1958 from time to time, it had become a bulky piece of legislation over the years.
- It was amended 17 times between 1966 and 2014 which had resulted in increase in the number of sections to more than 560 sections.
- The new bill has provisions which have been meticulously shortened to 280 sections.
- It also simplifies the law governing the merchant shipping in India.
- Further, certain redundant provisions have been removed and remaining provisions have been consolidated and simplified to promote ease of doing business, transparency and effective delivery of services.
- The Coasting Vessels Act, 1838 was also an archaic legislation of the British era.
- It provided limited jurisdiction for registration of non-mechanically propelled vessels to Saurashtra and Kutch.
- The proposed bill allows registration of all vessels for the whole of India.
Key Features of Bill (Too technical. Not important)
- Allows substantially-owned vessels and vessels on Bare Boat-cum-Demise (BBCD) to be registered as Indian flag vessels.
- Recognises Indian controlled tonnage as a separate category.
- Makes separate rules for coastal vessels to develop and promote coastal shipping.
- Dispenses with the requirement for issuing of licences to Indian flag vessels for coastal operation and for port clearance by the Customs authorities
- Seafarers held in hostage captivity of pirates will receive wages till they are released and reach home back safely.
- Mandatory for vessels owners to compulsorily take insurance of crew engaged on vessels including fishing, sailing and whose net tonnage is less than 15.
- The crew members now don’t need to sign articles of agreement before the Shipping Master.
- Incorporates all International Maritime Organisation (IMO) Conventions/Protocols in Indian laws up-to-date by inserting provisions relating to 7 different conventions. These 7 different conventions are
- Intervention Convention 1969,
- Search and Rescue Convention 1979,
- Protocol for Prevention of Pollution from Ships,
- Convention for Control and Management of Ships Ballast Water and Sediments 2004,
- Nairobi Wreck Removal Convention 2007,
- Salvage Convention 1989 and
- International Convention for Bunker Oil Pollution Damage, 2001.
- Besides, the provisions for survey, inspection and certification of vessels are placed together in Bill to provide simplified regime for convenience of Indian shipping industry.