The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 321 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary, for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 322 Power to constitute committees.
(1) The Central Government may, if it thinks fit, constitute one or more committees consisting of such number of persons as it may appoint thereto, representing the interests principally affected or having special knowledge of the subject-matter, for the purpose of advising it when considering the making or alteration of any rules or scales of fees under this Act or for any other purpose connected with this Act.
(2) There shall be paid to the members of any such committee such travelling and other allowances as the Central Government may fix.
(3) The committees may be constituted under this section to advise the Central Government either generally as regards any rules or scales of fees or as regards any class or classes of rules or scales of fees in particular or for any other purpose connected with this Act.
(2) There shall be paid to the members of any such committee such travelling and other allowances as the Central Government may fix.
(3) The committees may be constituted under this section to advise the Central Government either generally as regards any rules or scales of fees or as regards any class or classes of rules or scales of fees in particular or for any other purpose connected with this Act.
Section 323 Power of Central Government to protect interest of Indian Shipping.
(1) The Central Government may, by order in writing, specify that the provisions of this section shall apply to measures taken by any other country for regulating the terms and conditions upon which goods or passengers may be carried by sea, which constitute an infringment of the jurisdiction of India, in so far as they apply to---
(a) things done or to be done outside the territorial jurisdiction of that country; and
(b) persons carrying on lawful business in India.
(2) Where an order issued under sub-section (1) is in force, every person who is subject to such measures taken by another country shall inform the Central Government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures in such form and manner as may be prescribed.
Explanation.---For the purposes of this sub-section, "requirement" includes any requirement to submit any contract or other document for approval thereunder.
(3) Where any information under sub-section (2) is received from any person, or there are grounds to believe that such information is likely to be received, the Central Government may, by an order in writing, give to such person directions prohibiting compliance with any such measure as it considers necessary.
(4) The Central Government may, by an order in writing, prohibit or restrict any person from complying with the requirement to produce any commercial document or information compiled from commercial documents, to a court of another country, if it appears to the Central Government that such document is not within the territorial jurisdiction of that country, and constitutes or may constitute an infringement of the jurisdiction of India.
(a) things done or to be done outside the territorial jurisdiction of that country; and
(b) persons carrying on lawful business in India.
(2) Where an order issued under sub-section (1) is in force, every person who is subject to such measures taken by another country shall inform the Central Government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures in such form and manner as may be prescribed.
Explanation.---For the purposes of this sub-section, "requirement" includes any requirement to submit any contract or other document for approval thereunder.
(3) Where any information under sub-section (2) is received from any person, or there are grounds to believe that such information is likely to be received, the Central Government may, by an order in writing, give to such person directions prohibiting compliance with any such measure as it considers necessary.
(4) The Central Government may, by an order in writing, prohibit or restrict any person from complying with the requirement to produce any commercial document or information compiled from commercial documents, to a court of another country, if it appears to the Central Government that such document is not within the territorial jurisdiction of that country, and constitutes or may constitute an infringement of the jurisdiction of India.
Section 324 Repeals and savings.
(1) The Merchant Shipping Act, 1958 (44 of 1958) (except Part XIV but not including section 411A therein) and the Coasting Vessels Act, 1838 (19 of 1838) is hereby repealed.
(2) Notwithstanding such repeal,---
(a) any rule, regulation, bye-law, order, notification or exemption made, issued or granted under any enactment hereby repealed shall, until revoked, have effect as if it had been made, issued or granted under the provisions of this Act;
(b) any office established or created, officer or person appointed and anybody elected or constituted under any enactment hereby repealed shall continue and shall be deemed to have been established, created, appointed, elected, or constituted under this Act;
(c) any document referring to any enactment hereby repealed shall be construed as referring to this Act or to the provision of this Act;
(d) any fine levied under any enactment hereby repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under any enactment hereby repealed may be prosecuted and punished as if it had been committed under this Act;
(f) any vessel registered under the enactments hereby repealed shall be deemed to have been registered under this Act;
(g) any mortgage of vessels recorded in any register book maintained at any port in India under any enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this Act;
(h) any licence, certificate of competency or service, certificate of survey, A or B certificate, safety certificate, qualified safety certificate, safety equipment certificate, exemption certificate, international or Indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this Act, shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document;
(i) any proceeding pending before any court under any enactment hereby repealed may be tried or disposed of under the corresponding provisions of this Act;
(j) any inspection, investigation or inquiry ordered to be done under the provisions of any enactment hereby repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
(2) Notwithstanding such repeal,---
(a) any rule, regulation, bye-law, order, notification or exemption made, issued or granted under any enactment hereby repealed shall, until revoked, have effect as if it had been made, issued or granted under the provisions of this Act;
(b) any office established or created, officer or person appointed and anybody elected or constituted under any enactment hereby repealed shall continue and shall be deemed to have been established, created, appointed, elected, or constituted under this Act;
(c) any document referring to any enactment hereby repealed shall be construed as referring to this Act or to the provision of this Act;
(d) any fine levied under any enactment hereby repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under any enactment hereby repealed may be prosecuted and punished as if it had been committed under this Act;
(f) any vessel registered under the enactments hereby repealed shall be deemed to have been registered under this Act;
(g) any mortgage of vessels recorded in any register book maintained at any port in India under any enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this Act;
(h) any licence, certificate of competency or service, certificate of survey, A or B certificate, safety certificate, qualified safety certificate, safety equipment certificate, exemption certificate, international or Indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this Act, shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document;
(i) any proceeding pending before any court under any enactment hereby repealed may be tried or disposed of under the corresponding provisions of this Act;
(j) any inspection, investigation or inquiry ordered to be done under the provisions of any enactment hereby repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
Section 325 Amendment of Act 20 of 2021.
In the Marine Aids to Navigation Act, 2021, after section 48, the following section shall be inserted, namely:---
"48A. Power of Director-General appointed under Merchant Shipping Act, 2025 to issue directions. ---The Director-General appointed under the Merchant Shipping Act, 2025 may issue such directions as may be necessary, to the Director General appointed under this Act for the purposes of implementation of this Act.".
"48A. Power of Director-General appointed under Merchant Shipping Act, 2025 to issue directions. ---The Director-General appointed under the Merchant Shipping Act, 2025 may issue such directions as may be necessary, to the Director General appointed under this Act for the purposes of implementation of this Act.".