Lok Sabha Question No. 2379 (UNSTARRED), answered on 2017-03-16
Subject: Repeal of Outdated Acts
Ministry: SHIPPING
Asked by: RAKSHA NIKHIL KHADSE

## GOVERNMENT OF INDIA MINISTRY OF SHIPPING

## LOK SABHA UNSTARRED QUESTION NO.2379 TO BE ANSWERED ON 16thMARCH, 2017 REPEAL OF OUTDATED ACTS

## 2379.   SHRIMATI RAKSHATAI KHADSE:

Will the Minister of SHIPPING be pleased to state: पोतप�रवहनमंत्

- (a) whether the Government proposes to repeal some of the old outdated Acts related to shipping sector and replace these with the new/revised Acts;
- (b) if so, the details thereof; and
- (c) the salient features likely to be proposed in the new Acts?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF SHIPPING (SHRI PON. RADHAKRISHNAN)

(a)&(b):Yes, Madam  (i) The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, (as passed by the LokSabha on 10 th March 2017), when enacted, will repeal five obsolete British statues on admiralty jurisdiction in civil matters, namely, (a) the Admiralty Court Act, 1840 (b) the Admiralty Court Act, 1861, (c) Colonial Courts of Admiralty Act, 1890, (d) Colonial Courts of Admiralty (India) Act, 1891, and (e) the provisions of the Letters Patent, 1865 applicable to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts; (ii)  The Merchant Shipping Bill, 2016, (introduced in the LokSabha on 16 th December 2016), if enacted, will repeal the Coasting Vessels Act, 1838 and the Merchant Shipping Act, 1958; and (iii) The Major Ports Authorities Bill, 2016 (introduced in LokSabha on December 16, 2016), if enacted,  will repeal the Major Port Trusts Act, 1963.

- (c) The salient features of the proposed above mentioned Bills are:
- (I)  The  Admiralty  (Jurisdiction  and  Settlement  of  Maritime  Claims)  Bill  consolidates  the existing  laws  relating  to  admiralty  jurisdiction  of  courts,  admiralty  proceedings  on maritime  claims,  arrest  of vessels  and  related  issues.  The  Bill  confers  admiralty jurisdiction on High Courts located in coastal states of India and this jurisdiction extends upto  territorial  waters.  The  jurisdiction  is  for  adjudicating  on  a  set  of  maritime  claims listed  in  the  Bill.  In  order  to  ensure  security  against  a  maritime  claim  a  vessel  can  be arrested in certain circumstances.
- (II) The Merchant Shipping Bill, 2016 is a revamped version of the Merchant Shipping Act, 1958.  The provisions of the Bill will simplify the law governing the merchant shipping in  India.  Further,  certain  redundant  provisions  will  be  dispensed  with  and  remaining provisions will stand consolidated and simplified so as to promote ease of doing business, transparency and effective delivery of services. The significant reforms that will usher in, upon  enactment  of  the  Bill,  are  augmentation  of  Indian  tonnage,  promotion  of  coastal shipping,  introduction  of  welfare  measures  for  seafarers,  registration  of  vessels  not covered under any statute. The  Bill also incorporates all International  Maritime Organisation (IMO) Conventions/Protocols in the Indian laws up-to-date.

(III) The Major Ports Authorities Bill, 2016 inter alia provides for the following namely:-

- (i) to constitute the Board of Port Authority for each Major Port in the place of the Board of Trustees;
- (ii) to enable the Board of Port Authority- (a) to use its property, assets and funds in such manner and for such purposes as it may deem fit for the benefit of that Major Port; (b) to enter into and perform any contract necessary for the performance of its  functions  under  the  proposed  legislation;  (c)  to  make  regulations  for  the purposes of operations, development and planning of the Major Port; (d) to frame the scales of rates for assets and services available at Major Port; (e) to claim lien on such goods and to seize and detain the same until such rates and rents are fully paid;
- (iii)   to empower the Board of Port Authority to raise the loans and issue securities for the purposes of the capital expenditure and working capital requirements of such Port Authority;
- (iv)   to  constitute  an  Adjudicatory  Board  for  adjudication  of  disputes  among  Major Ports, Public Private Partnership concessionaries and captive users;
- (v) to make a provision for Corporate Social Responsibility measures within the port limits

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