Merchant Shipping Bill 2024: Modernizing Maritime Regulation

Key Provisions and Objectives

• Merchant Shipping Bill 2024 seeks to repeal the outdated Merchant Shipping Act of 1958
• Aims to modernize maritime regulations in India
• Introduced by Union Minister Sarbananda Sonowal

Primary goals include:

• • Expanding ship ownership eligibility
  • Increasing vessels registered under Indian flag
  • Creating a new regulatory body for vessel safety

Allows registration of:

• • Indian citizens (including NRIs and Overseas Citizens)
  • Companies established under Central or State Acts
• Provides for registering foreign vessels chartered by Indian companies
• Enables temporary registration of vessels for recycling in India

Regulatory and Administrative Reforms

• Establishment of National Shipping Board
  • Will advise Central Government on Indian shipping matters
  • Empowered to regulate its own procedural operations
• Creates Maritime Administration
  • Central Government to appoint Director-General
• Enhanced government authorities include:
  • Control over vessels illegally flying flags
  • Power to direct port authorities for abandoned ships
  • Action against unsafe vessels posing public safety risks
• Introduces comprehensive maritime liability framework
  • Compensation provisions for maritime collisions and accidents
  • Constitution of limitation fund for specific claims
• Emphasizes electronic registration and digital record-keeping

Controversies and Parliamentary Dynamics

• Faced strong opposition during Lok Sabha introduction

Key opposing voices:

• • Manish Tewari (Congress)
    • Questioned legislative competence
    • Raised concerns about jurisdictional ambiguities
    • Challenged constitutional authority to legislate
  • Saugata Roy (Trinamool Congress)
    • Criticized potential bureaucratic overreach
    • Argued against centralization of maritime powers

Specific opposition points:

• • Potential conflict with federal principles
  • Unclear legislative jurisdiction
  • Possible diminishment of states' roles in coastal management

Government's defense:

• • Bill vetted by law ministry departments
  • Aligned with constitutional provisions
  • Necessary for economic growth and maritime sector development

Significant Environmental and Safety Provisions:

• Mandatory compliance with international maritime conventions
• Pollution prevention and containment measures

Specific focus on:

• • MARPOL Convention adherence
  • Anti-Fouling Systems Convention implementation
• Restrictions on vessel transfers during national security threats
• Enhanced maritime education and training certification system