Indian Ports Bill repeals 1908 Act, creates new maritime councils

It seeks to establish new bodies for managing ports and ensuring safety, security, and pollution control.

Who it concerns: The law applies to all existing ports, newly notified ports, vessels and aircraft within port limits, and navigable rivers or channels leading to these ports. It specifically affects major ports (managed by the Central Government) and ports other than major ports (managed by State Governments). It excludes vessels or aircraft used exclusively for military, non-commercial government service, or foreign war vessels.

What the bill does

• Establishment of the Maritime State Development Council to foster structured growth and development of the port sector.
• Establishment of State Maritime Boards for the effective management of ports other than major ports.
• Provisions for the prevention, containment, and response to pollution, including requirements for reception facilities and waste handling plans.
• Creation of adjudicatory mechanisms for resolving port-related disputes, with civil courts excluded from jurisdiction.
• Appointment of port officers such as conservators and harbour masters with powers to issue directions, board vessels, and remove obstructions.
• Levy of fees and charges, including port tariffs, and procedures for detention and sale of vessels or goods if fees are refused.
• Penalties and procedures for offences related to safety, pollution, and non-compliance with orders.
• Requirement for ports to comply with international conventions to which India is a party.

Also in the document

• The Bill repeals the Indian Ports Act, 1908.
• It designates the Chairperson, members, officers, and employees of the Council as public servants.
• It provides for the notification of 'mega ports' under Section 73.