Maritime Law

By Shreya and Rishika

 MARITIME HISTORY
OF INDIA
 Being an active trading partner, India was engaged in
growing and exporting cotton. For almost 3000 years
cotton occupied the prime place in commerce of the
country, this established the silk routes, canals, and other
major transportation channels. Cotton was later
accompanied by spices from southern part of India, the
later was equally successful in finding the routes through
shipping and maritime transport for its perishable nature.
This created the need for a sophisticated system of laws and
regulations in place. It started with the introduction of The
Indian Bills of Lading Act, 1856 and subsequently The
Merchant Shipping Act which played a major role in
establishing the technicalities of cargo shipping and the
Indian version of COGSA or the Carriage of Goods by Sea
Act 1925 which dealt with the treatment of cargo during the
voyage through the sea.
DECODING THE INDIAN MARITIME LAW
 a) INDIAN CARRIAGE OF GOODS BY SEA ACT, 1925
 b) MERCHANT SHIPPING ACT, 1958
 c) BILLS OF LADING ACT, 1856
 d) MARINE INSURANCE ACT, 1963
 FUNCTIONS OF
MARITIME LAW
 a) UNDERSTANDING CIVILIZATIONS
 Maritime belt of this country exposes to a cosmopolitan nature of the
citizens and their diverse civilizations. With flexible changes taking place
in the admiralty law back then from the colonial times to now, there has
been an optimistic sphere of interactions among these civilizations.
Observing which, explorers like Vasco da Gama, Christopher Columbus,
John Selden, Hugo Grotius, have made some significant contributions in
the field of sea faring and water connectivity.

 b) MARITIME TRADE & COMMERCE

 The maritime law which keeps itself updated from the time to time
changes taking place in the maritime commerce and trade has reminded
the mankind, that the oldest trading and transportation has been taken
place through the waters, and this involved a great deal of hard work in
understanding the geographical world of sea routes, their mechanics,
history of human trade and the suffering along with it, adapting to the
seafaring skills and the communication through signals and signs. The
Indian spices had the first ever voyage through the massive water bodies
crossing continents and countries to reach their destination.
 MINISTRY OF PORTS, SHIPPING AND
WATERWAYS
 Maritime Transport is a critical infrastructure for the social and economic development of a country.
It influences the pace, structure and pattern of development. The Ministry of Ports, Shipping and
Waterways encompasses within its fold ports, shipping and waterways sectors which include
Shipbuilding and Ship-repair, Major Ports, National Waterways, and Inland Water Transport.
 The Ports, Shipping and Waterways industry needs to be enabled to carry higher shares of the sea-
borne trade in indigenous bottoms.
 To encourage private participation, Ministry of Ports, Shipping and Waterways has laid down
comprehensive policy guidelines for private sector participation in the Ports sector. An Information
Facilitation counter of Ministry of Ports, Shipping and Waterways is functioning at the ground floor
of Transport Bhavan 1, Parliament Street, New Delhi (110001).
• The length of navigable waterways in India is
about 14,500 km which comprises of rivers,
canals, backwaters, creeks, etc. (Water Resource
Information System, 2018).
• While National Waterways come under the
purview of central government, others waterways
fall under the jurisdiction of respective state
governments.
• These National Waterways are developed,
maintained, and regulated by the Inland
Waterways Authority of India, as per the
provisions of Inland Waterways Authority Act
1985 (IWAI, 2017).
 INLAND WATERWAYS
AUTHORITY OF INDIA
 The Inland Waterways Authority of India
(IWAI) came into existence on 27th October
1986 for development and regulation of
inland waterways for shipping and
navigation. The Authority primarily
undertakes projects for development and
maintenance of IWT infrastructure on
national waterways through grant received
from Ministry of Shipping. The head office
of the Authority is at Noida. The Authority
also has its regional offices at Patna,
Kolkata, Guwahati and Kochi
Indian National Shipowner’s Association
• INSA was established with the abiding objective of Key Statistics
becoming a rallying force for all the shipping companies
based in India. • Total number of Indian Seafarers
• 12 MILLION GT
• As the torchbearer of the Indian Shipping Industry, INSA is • Total Tonnage of Indian Flagships
committed to promote the overall development of the • 9 BILLION USD
industry, and endeavoring to increase the profitability of its • Total Economic value of Indian Flagship
member companies and in turn their investors.

• With the advent of global village, INSA is working towards

integrating the Indian shipping industry in the world
economy.
 PART XIV Control Or Indian Ships And Ships
Engaged In Coasting Trade
406. Indian ships and Chartered ships to be licensed-- (1) No Indian ships and no other ship chartered by a
citizen of India or a company [or a co-operative society] shall be taken to sea from a port or place within or
outside India except under a licence granted by the Director-General under this section.

(2) A licence granted under this section may be--

(a) a general licence;

(b) a licence for the whole or any part of the coasting trade of India; or

(c) a licence for a specified period or voyage.

(3) A licence granted under this section shall be in such form and shall be valid for such period as may be
prescribed, and shall be subject to such conditions as may be specified by the Director -General.
 ISSUES PERSISTING IN SHIPPING
INDUSTRY

• Security Issues
• Lack of Employees
• New Environmental regulations
• Rising Costs
 Penalties Under Inland Vessels Act 1917
CHAPTER 9 : PENALTIES AND LEGAL PROCEEDINGS
9.1 Penalty for making voyage without certificate of survey
9.2 Penalty for neglect to affix certificate of survey in inland mechanically propelled vessel
9.3 Penalty for neglect or refusal to deliver up or surrender certificates of survey or registration
9.4 Penalty for carrying excessive number of passenger on board
9.5 Penalty for carrying excessive quantity of cargo on board
9.6 Penalty for serving or engaging a person to serve as master or engineer, without certificate
9.7 Penalty for master failing to give notice of wreck or casualty
9.8 Penalty for failing to deliver up suspended or cancelled certificate
9.9 Penalty for taking or delivering or tendering for carriage dangerous goods on board
inland mechanically propelled vessel without notice
9.10 Punishment for offences relating to accident

With Maximum fine being Rs. 50,000 for pollution & Maximum imprisonment of 6 months for causing
acccidents.
 E-Platform
DIRECTORATE GENERAL OF SHIPPING- MINISTRY OF PORTS SHIPPING & WATERWAYS

Facilities

• Acts & Rules

• Shipping- Registration, Causality report, National Data Centre, Port Reception Facilities
• Seafarers- Welfare measurers, Grievance redressal, Seafarers Identity Document, Information to stakeholders.
• Maritime courses- Courses, Training program, Lost of faculties,
• E-governance- e- governance, INDos Online(Indian National Database pf Seafarers), Online Competency Written
Exam
• https://www.dgshipping.gov.in/Content/OtherActs.aspx
 CONCLUSION
For proper functioning of these civilized societies there has to be a common set of rules and regulations
they agreed upon, and thus the emergence of maritime laws to facilitate the shipping and trading in
seafaring countries. With the establishment of IMO, the Maritime laws have gained international
recognition and established the importance of laws of seas. While the admiralty laws are in place, it’s
important that we understand and derive the impact of these laws in today’s system. And coming to that
the recent amendment in. The Admiralty Law in 2017 proved the fact that, the maritime law id subjected
to change and flexibility to accommodate the changes in the ever-transforming business activities. Not
only in the sphere of trade and commerce but maritime law, have proved to be effective in terms of
safeguarding the territorial waters of the member states of IMO, by laying down a directional path to the
navies as well. This makes it every states responsibility to keep a track of all the maritime activities
happening in their territorial waters and update the changes in their maritime laws that were ratified in
accordance with the international conventions on maritime laws.