Public comments invited by the Shipping Ministry on the Indian Ports Bill 2022 till 30th August, 2022

The Ministry of Ports, Shipping and Waterways (“Ministry”) has issued a proposal for introduction of the Indian Ports Bill 2022 (“Bill”) with a view to repeal the Indian Ports Act, 1908 (“Principal Act”). Public comments have been sought by the Ministry which may be furnished in the prescribed proforma through e-mail to sagar.mala@nic.in, h.verma@nic.in latest by 30th August, 2022.
The Bill aims to consolidate and amend the laws relating to ports with a view to prevent and contain pollution at ports, ensure compliance with the country’s obligation under the maritime treaties and international instruments to which India is a party; take measures for conservation of ports; to empower and establish State Maritime Boards for effective administration, control and management of non-major ports in India; provide for adjudicatory mechanisms for redressal of port related disputes and to establish a national council for fostering structured growth and development of the port sector, and ensure optimum utilization of the coastline of India, as may be necessary, and to provide for matters ancillary and incidental thereto, or connected therewith. The Bill aims to promote ease of doing business by eliminating unnecessary delays, disagreements and defining responsibilities. Redundant provisions of the Act have been deleted or replaced with contemporaneous provisions. Further, existing penalties in the Act which are outdated have been updated with respect to amounts and offences relevant to present day scenario.
Applicability:
The Bill applies to:
a. All ports including port limits;
b. parts of the navigable rivers and channels leading to such ports as may be notified by the Government;
c. all vessels within port limits; and
d. all aircrafts making use of any part of the port, while on water, as they apply in relation to vessels.
Bill does not apply to:
a. any vessel or any aircraft making use of any part of the port belonging to or exclusively servicing, for military or non-commercial purposes, the Indian Navy, Indian Coast Guard, Customs Authorities, Central Paramilitary Forces, Coastal Police and other agencies as may be notified by the Central Government
b. any vessel belonging to or in the service of the Central Government or State Government
c. any foreign vessel of war; or
d. any port or navigable rivers or channels or vessels or class thereof as may be notified by the Central Government.
Proposed compliance obligations w.r.t safety and conservation of ports:
• No person, without lawful excuse may remove, destroy or damage any property including any jetty belonging to or in the custody or possession of the port, or hinder or prevent such property from being used or operated in the manner which it is intended to be used or operated;
• Every master of a vessel in any port subject to this Bill, when required to do so by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until required to do so;
• Every master of a vessel lying in any port, has to take order to extinguish any fire on the vessel, and shall co-operate with the conservator or any person acting under the authority of the conservator, in extinguishing or attempting to extinguish any fire on the vessel;
• The Bill further prescribes provisions w.r.t “Offences in connection with safety of vessels etc.”
A copy of the Bill along with the format for comments is linked below for ease of reference.