The Ministry of Ports, Shipping and Waterways has on 25th November,2020 published the Merchant Shipping Bill, 2020 for public comments. This bill will replace the Merchant Shipping Act, 1958, if enacted. The last date for submitting comments is 24 December 2020.
The Bill consists of 15 parts with a total of 325 Sections. The outline of the Bill along with the corresponding part in the Merchant Shipping Act, 1958 is provided here below:
| Merchant Shipping Bill, 2020 | Corresponding Parts in Merchant Shipping Act, 1958 |
| Part I – Prelimimary | Part I – Preliminary |
| Part II – Establishment of Boards and General Administration | Part II – Establishment of Board Part III – General Administration Part VII – Seamen and Apprentices ( Section 218- 218A) |
| Part III – Registration of Vessels | Part V – Registration of Indian Ships |
| Part IV – Certificate of Competency and Certificate of Proficiency | Part VI – Certificate of Officers |
| Part V – Seafarers | Part VII – Seamen and Apprentices |
| Part VI – Safety and Security | Part IX – Safety |
| Part VII – Prevention, Containment of Pollution from Vessel and Response | Part XIA – Prevention and Containment of Pollution of the Sea by Oil Part XIB – Control of Anti-Fouling systems of Ships |
| Part VIII – Survey, Audit and Certification | Sections from various Parts of the Act |
| Part IX – Maritime Liability and Compensation | Part X – Collision, Accidents at Sea and Liability Part XA – Limitation of Liability Part XB – Civil Liability for Oil Pollution Damage Part XC – International Oil Pollution Compensation Fund |
| Part X – Marine Incident and Emergency Response | |
| Part XI – Investigation and Inquiries | Part XII – Investigation and Inquiries |
| Part XII – Wreck and Salvage | Part III – Wreck and Salvage |
| Part XIII – Sailing and Fishing Vessels | Part XV – Sailing Vessel Part XVA -Fishing Vessel |
| Part XIV – Penalties and Procedures | Part XVI – Penalties and Procedure |
| Part XV – Miscellaneous | Part IX-A – Nuclear Ships Part XVII – Miscellaneous |
It is seen in general that the Merchant Shipping Bill, 2020 is more concise and less detailed in comparison to the Act of Merchant Shipping Act, 1958.
Prima facie, the Bill seems to have change definitions which were provided under the Merchant Shipping Act and has provided for establishment of new authorities and for expansion of powers of existing authorities. For example, the Welfare Board for Seafarers are also given responsibility to take measures regarding abandoned foreign seafarers in Indian waters.
Dhanya T Mallar 