Lok Sabha Passes the Admiralty Bill,2016

[Hindustani78]

Ministry of Shipping
11-March, 2017 13:51 IST
Lok Sabha Passes the Admiralty Bill,2016

The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016 was passed by the Lok Sabha yesterday. The Bill aims to establish a legal framework to consolidate the existing laws relating to admiralty jurisdiction of courts, admiralty proceedings on maritime claims, arrest of vessels and related issues. It also aims to replace archaic laws which are hindering efficient governance. The Bill confers admiralty jurisdiction on High Courts located in coastal states of India and this jurisdiction extends upto territorial waters.

Introduced during the winter session of Parliament, the Bill came up for discussion in the Lok Sabha yesterday. The Minister of State ( RT&H, S, C&F), Shri Mansukh Mandaviya, presented an overview of the Bill in the House, highlighting the need for repealing five obsolete British statutes on admiralty jurisdiction in civil matters, which are 126 to 177 years old. The Bill provides for prioritization of maritime claims and maritime liens while providing protection to owners, charterers, operators, crew members and seafarers at the same time. During the course of discussion, thirteen members presented their views and raised various questions which were replied to by Shri Mandaviya. The Bill was then passed by the House.

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[Hindustani78]

Ministry of Shipping
16-March, 2017 17:17 IST

Repeal of Outdated Acts


The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, (as passed by the Lok Sabha on 10th March 2017), when enacted, will repeal five obsolete British statutes 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 Lok Sabha on 16th 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 Lok Sabha on December 16, 2016), if enacted, will repeal the Major Port Trusts Act, 1963.


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

This information was given by the Minister of State for Shipping Shri Pon. Radhakrishnan in written reply to a question in Lok Sabha today.


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[Hindustani78]

Ministry of Shipping
24-July, 2017 18:49 IST
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2017 Passed Unanimously by Rajya Sabha

Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2017, introduced during the Winter Session of Parliament came up for discussion in the Rajya Sabha today and was passed unanimously by the house. The Bill aims to establish a legal framework for consolidation of related laws to replace the age old archaic laws with modern Indian legislation and to confer admiralty jurisdiction on all High Courts of the coastal states of the country. The bill was earlier passed by the Lok Sabha in March, 2017.

The Minister of State for Shipping and Road Transport and Highways, and Chemical & Fertilizers Shri Mansukh Mandaviya, gave an impressive overview of the Bill in the House, highlighting the need for such a Bill by repealing the five different Admiralty Acts which are 126 to 177 years old. The Bill provides for prioritization of maritime claims and maritime liens while providing protection to owners, charterers, operators, crew members and seafarers at the same time. During the course of discussion, Members of the House presented their views and raised various questions which were satisfactorily and logically replied by the Minister of State.

As per the new Bill, High Courts of all the coastal states shall exercise admiralty jurisdiction over maritime claims which include several aspects not limited to goods imported and chattel as earlier, but also other claims such as payment of wages of seamen, loss of life, salvages, mortgage, loss or damage, services and repairs, insurance, ownership and lien, threat of damage to environment etc. The Bill accords highest priority to payment of wages of the seafarers. The Bill also provides for protection against wrongful and unjustified arrest and has provision for transfer of cases from one High Court to other High Court.

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