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Merchant Shipping Bill 2024: Modernizing Maritime Regulation

The Merchant Shipping Act of 1958 is being repealed to modernize maritime regulations in India. The main goals include expanding ship ownership eligibility, increasing vessels registered under Indian flag, creating a new regulatory body for vessel safety, and enabling temporary registration of vessels for recycling.

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  • Merchant Shipping Bill 2024 seeks to repeal the outdated Merchant Shipping Act of 1958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

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