Prisilla Nadar

The Merchant Shipping Act, 1958 has become ancient. With the world and technology ever changing, it is being suggested to improve the existing bill that will cater to modern shipping practices. As it is said, ‘Change is only constant,’ everything has to undergo a change for better future irrespective of an individual or an industry as a whole. Indian shipping due to old framework of legislation, rules and regulations, practices is very small compared to its growing economy and influence on world trade.  To deliberate on this further, India Seatrade on 09th July organised a webinar – ‘New Maritime Acts.’

In his keynote address, Mr K Mohandas, IAS (Rtd) Former Secretary Shipping, Govt of India raised a query, “Do these draft meets modern day Indian merchant practice or do they require more modifications.” He continued, “The whole exercise is the part of current government’s efforts to read out the irrelevant laws and to replace the updated laws with modern laws.”

According to Mr Mohandas, the biggest problem was to find a replacement for existing laws, but now the current proposed bill is much more developed than the previous one. The current bill gives all sort of satisfaction of a document which takes care of the current level of knowledge, technology, environmental, safety requirements etc.

The webinar focused on 3 bills namely; Merchant Shipping Act, 1958 draft bill, the Inland Vessel Act 1917 and the Indian Ports Act 1907, which will also have a significant bearing on the country’s drive towards 5 trillion economy.

The session brought together the experts to discuss these draft bills in detail and to determine what significant changes are warranted with respect to ease of doing business, attracting investment, enhancing safety, security, efficiency generally for quantum sustainable growth of Indian Shipping.

The keynote address was followed by a panel discussion where the experts discussed on how to help transform primary maritime legislation that meets India’s need of today and tomorrow.

Capt Sudhir Subhedar, Former President and CEO, ICCSA, IMO Consultant moderated the entire session. He raised a question, whether the draft bill is ready to pass as an act, for which he answered ‘No’. These discussions will help the government to get it right.

The panel discussion included experts like Mr Ajoy Chatterjee, Former Chief Surveyor and IMO Consultant, Mr Puru Bakshi, Vice President, Ind-Aus Maritime Pvt Ltd, Dr Mukul Shastry, General Manager, Adani group represented port sector in India. Many from the audience too gave in their opinion about the Act.

Even the experts concluded that, there is a need to change our age old maritime law, if we want India to shine in Maritime sector.

Adv Sivakumar Iyer, Partner, Ganesh and CO said, “If we want to grow, we need healthy competition,’ during his closing remark. It was concluded that the 3bills are not yet ready to be tabled in the parliament. It has to grow through lot of improvements before being tabled.

Marex Media