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ANNEXURE-I the MERCHANT SHIPPING BILL, 2020 a BILL To Private & Confidential NALSAR Merchant Shipping Bill, 2020 18.11.2020 ANNEXURE-I THE MERCHANT SHIPPING BILL, 2020 A BILL to consolidate and amend the law relating to merchant shipping to ensure compliance with the country‘s obligation under the maritime treaties and International Instruments to which India is a party and also to ensure the efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest. BE it enacted by Parliament in the ___ Year of the Republic of India as follows:- PART I PRELIMINARY Short title and 1. (1) This Act may be called the Merchant Shipping Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act. Application of the 2. (1) Unless otherwise expressly provided, the provisions of this Act. Act shall apply to, - (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered, wherever it may be. (2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub- section (1) shall so apply only while any such vessel is within India or in waters within the jurisdiction of India. (3) Subject to sub-section (2) and unless otherwise expressly provided, the provisions of this Act shall not apply to Indian controlled tonnage vessels. Definitions. 3. In this Act, unless the context otherwise requires, - (1) ―1992 Liability Convention‖ means the International Convention on Civil Liability for Oil Pollution Damage, 1992; (2) ―abandoned vessel‖ means a vessel which has been abandoned and deserted by the owner or ship owner or the master of the vessel without any hope of recovering it or whose owner or ship owner is unknown or cannot be traced or has failed to fulfil his fundamental 1 Private & Confidential NALSAR Merchant Shipping Bill, 2020 18.11.2020 obligationsunder this Actor whose master has been left without financial means in respect of its operation and includes any vessel falling within Section 318. (3) ―abandoned seafarer‖ refers to a seafarer who is deemed to have been abandoned, in violation of the requirements of the Maritime Labour Convention or this Act or the rules prescribed under this Act or the seafarers‘ employment agreement, where the ship-owner: (a) fails to cover the cost of the seafarer‘s repatriation; or (b) has left the seafarer without the necessary maintenance and support; or (c) has otherwise unilaterally severed their ties with the seafarer including failure topay contractual wages for a period of at least two months; (4)―Anti-Fouling Systems Convention‖ means International Convention on control of harmful antifouling systems on ships, 2001; (5) "audit" means a systematic and independent examination to determine whether the Management System as provided in safety convention complies with the planned arrangements and such arrangements are implemented effectively and are sufficient to achieve the desired objectives; (6) ―baseline‖ means the baseline referred to in sub-section (2) of Section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); (7) "Ballast Water Management Convention‖ means the International Convention for the Control and Management of Ships‘ Ballast Water and Sediments, 2004; (8)"bareboat charter" means a contract for the lease of a ship, for a stipulated period of time, by virtue of which the lessee has complete possession and control of the ship, including the right to appoint the master and crew of the ship, for the duration of the lease; (9)"bareboat charter-cum-demise" means a bareboat charter where the ownership of the ship is intended to be transferred after a specified period to the charterer to whom it has been chartered; (10) ―C-188‖ means the ILO Convention C-188- Work in Fishing Convention, signed in Geneva on the 14th day of June, 2007 and ―Cape Town Convention‖ means the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 signed in Cape Town on 11th day of October, 2012; (11)―certificate of competency‖ or ―certificate of proficiency‖ means the certificate of competency or certificate of proficiency, as the case may be, granted under sub-section (1) of section 44; (12) ―Chief Ship Surveyor‖ means the Chief Ship Surveyor appointed under sub-section (b) of Section 7; 2 Private & Confidential NALSAR Merchant Shipping Bill, 2020 18.11.2020 (13) ―Chief Surveyor‖ means the Chief Surveyor appointed under sub- section (c) of Section 7; (14) ―coastal waters" means any part of territorial waters of India, or any marine area adjacent thereto over which India has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, or any other law for the time being in force; (15) ―coasts‖ include the coasts of creeks and tidal waters. Explanation: - For the purposes of this clause, the expression ―tidal waters‖ means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbor; (16) ―Coasting trade of India‖ means, - (a) the carriage by sea of goods or passengers or both from any port or place in India to any other port or place in India, or (b) performing any service within waters in the jurisdiction of India, including the zones defined under the Territorial Water, Continental Shelf, Exclusive Economic Zones and other Maritime Zones of India Act, 1976 (80 of 1976), or any other law for the time being in force or any port or place, including inland ports that the Central Government may, notify through notification in the official Gazette, for this purpose; (17) ―company‖ means a company as defined in clause (20) of section 2 of the Companies Act, 2013; (18) ―convention certificate‖ means a certificate issued under the provisions of any convention; (19) ―court‖ in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate; (20) ―Director-General‖ means the Director-General of Shipping appointed under sub-section (1) of section 6; (21) ―equipment‖, in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for the navigation, propulsion, security, pollution prevention and safety of the vessel; (22) ―fisher‖ means any person engaged in any capacity or performing 3 Private & Confidential NALSAR Merchant Shipping Bill, 2020 18.11.2020 any work aboard a fishing vessel at sea, however they are paid, but not including pilots, persons in service of the Central or State Government aboard a fishing vessel, or any person who only works aboard a fishing vessel when such vessel is onshore. (23) ―fishing vessel‖ means a vessel which is exclusively engaged in fishing in the seas; (24) ―gross tonnage" means the measure of the overall size of a vessel determined in accordance with the rules made in this behalf; (25) ―High Court‖, in relation to a vessel, means a High Court within the limits of whose appellate jurisdiction,- (a) the port of registry of the vessel is situate, or (b) the vessel is for the time being, or (c) the cause of action, wholly or in part, arises; (26) ―Indian Ambassador‖ means the Ambassador or High Commissioner or deputy Ambassador or deputy High Commissioner or consul-general or consul or vice-consul or consular agent and pro consul appointed, as the case may be, by the Central Government and includes any person authorised by the Central Government to perform the functions of Ambassador or High Commissioner or deputy Ambassador or deputy High Commissioner or consul-general, consul, vice- consul, consular agent and pro consul; (27) ―Indian controlled tonnage vessel‖ means an Indian vessel, other than a fishing vessel or sailing vessel, registered at a port or place in a country other than India; (28) ―Indian vessel‖ or ―Indian ship‖ means a ship or a vessel, as the case may be, which is registered in accordance with sub section (3) of section 14; (29) "LLMC Convention" means the convention on Limitation of Liability for Maritime Claims signed in London on the 19th day of November 1976, as amended by the Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims and, as amended from time to time and applicable to India; (30) ―Maritime Labour Convention‖ means the Maritime Labour Convention signed in Geneva on the 20th day of August 2006, as amended; (31) ―MARPOL Convention‖ means International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol signed in London on the 17th day of February 1978, and Protocols; (32) ―master‖ includes any person (except a pilot or a Harbour Master) having command or charge
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