The Ministry of Ports, Shipping and Waterways on 18th August 2022, has notified the Indian Ports Bill, 2022 which consolidates and amend the laws relating to ports and notifies about prevention and containment of pollution at ports.
The bill provides for adjudicatory mechanisms for redressal of port related disputes and to establish a national council for fostering structured growth and development of the port sector, and ensure optimum utilization of the coastline of India, as may be necessary, and to provide for matters ancillary and incidental thereto, or connected therewith.
The draft IP Bill 2022 seeks to repeal and replace the existing 1908 Act. The primary objectives of the proposed bill are four-fold:
- promote integrated planning between States inter-se and Centre-States through a purely consultative and recommendatory framework;
- ensure prevention of pollution measures for all ports in India while incorporating India’s obligations under international treaties;
- address lacunae in the dispute resolution framework required for burgeoning ports sector;
- usher-in transparency and cooperation in development and other aspects through use of data.
The proposed bill will homogenize and streamline the development of the maritime sector, along with, promoting ease of doing business by eliminating unnecessary delays, disagreements and defining responsibilities. It will incorporate State Maritime Boards in the national framework. Additionally, Maritime State Development Council will ensure cooperative federalism where Centre and State/UT Governments will work together towards preparing progressive road map for the country. The redundant provisions of the Act have been deleted or replaced with contemporaneous provisions. Further, existing penalties in the Act which are outdated have been updated with respect to amounts and offences relevant to present day scenario.
The Ministry intends to seek feedback and suggestions on the draft IP Bill 2022 from all the stakeholders. The document can be accessed from the websites of the MoPSW and Sagarmala on the links https://shipmin.gov.in/ and https://sagarmala.gov.in/ respectively and suggestions can be sent to sagar.mala@gov.in.
