Restriction of Entry of Ships Over 25 Years of Age at Indian Ports and Deployment of Armed Guards in Merchant Ships

The Government has decided to impose certain restrictions on entry of over 25 years old ships into Indian ports or territorial waters.

The Union Minister of Shipping, Shri G.K. Vasan in Lok Sabha on 29^th August 2011,  said that most of the ships involved in accidents like collision of MSC Chitra and M.V. Khalijia are very old. Therefore, the Government has decided to issue a notification under Merchant Shipping Act, 1958 that if the ships are more than 25 years old they will be allowed only if they satisfy the following conditions:

• They should be classed with Classification Societies which are full member of International Association of Classification Societies (IACS).
• Have adequate insurance coverage to liabilities including collision, wreck removal and salvage.
• Appoint an Indian Ship Agent to represent owner/charterer.
• The Indian agent should notify the Port authority and the customs collector at least 48 hours prior to the arrival of the ship about the details of the ship including insurance etc.

There are about 93 Indian flag ships which are above 25 years of age. However, they will not be affected as there are all classed with Indian Register of Shipping which is a full member of the International Association of Classification Societies.

Another significant change in Shipping Laws is the Guidelines issued by the Shipping Ministry has regarding deployment of armed guards in Indian Merchant Ships as a part of the various steps undertaken by the Government to combat the piracy in Gulf of Aden. The Ministry considered the fact that about 35% of the ship transiting in these waters deploy armed security guards and that the pirates generally don’t attack ships with armed guards on board.

As per these guidelines the ship owners are allowed to engage Private Maritime Security Companies (PMSC), who are properly selected and vetted. All Indian ships visiting Indian ports are to furnish details of security personnel on board, the fire–arms carried by them and the details of license issued etc. to the Port authority, Customs, Coast Guard & the Navy. Foreign merchant vessels visiting Indian ports with security guards are also required to follow similar procedure.

The Guidelines have accordingly been issued in consultation with DG (Shipping), MEA, MoD, MHA, D/o Revenue (CBEC), Indian Navy & Coast Guard.