Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill 2016
The Union Cabinet has given its approval to
the proposal of Ministry of Shipping to enact Admiralty (Jurisdiction and
Settlement of Maritime Claims) Bill 2016 and to repeal five archaic admiralty
statutes.
- The repealing of five admiralty
statutes is in line with the Government’s commitment to do away with
archaic laws which are hindering efficient governance.
Key facts:
- The Bill consolidates the existing
laws relating to admiralty jurisdiction of courts, admiralty proceedings
on maritime claims, arrest of vessels and related issues.
- It also repeals five obsolete
British statues on admiralty jurisdiction in civil matters, namely, (a)
the Admiralty Court Act, 1840 (b) the Admiralty Court Act, 1861, (c)
Colonial Courts of Admiralty Act, 1890, (d) Colonial Courts of Admiralty
(India) Act, 1891, and (e) the provisions of the Letters Patent, 1865
applicable to the admiralty jurisdiction of the Bombay, Calcutta and
Madras High Courts.
Salient Features of Admirability Bill, 2016:
- The Bill confers admiralty
jurisdiction on High Courts located in coastal states of India and this
jurisdiction extends upto territorial waters.
- The jurisdiction is extendable, by
a Central Government notification, upto exclusive economic zone or any
other maritime zone of India or islands constituting part of the territory
of India.
- It applies to every vessel
irrespective of place of residence or domicile of owner.
- Inland vessels and vessels under
construction are excluded from its application but the Central Government
is empowered to make it applicable to these vessels also by a notification
if necessary.
- It does not apply to warships and
naval auxiliary and vessels used for non-commercial purposes.
- The jurisdiction is for
adjudicating on a set of maritime claims listed in the Bill.
- In order to ensure security
against a maritime claim a vessel can be arrested in certain
circumstances.
- The liability in respect of
selected maritime claims on a vessel passes on to its new owners by way of
maritime liens subject to a stipulated time limit.
- In respect of aspects on which
provisions are not laid down in the Bill, the Civil Procedure Code, 1908
is applicable.
Background:
India is a leading maritime nation and
maritime transportation caters to about ninety-five percent of its merchandise
trade volume. However, under the present statutory framework, the admiralty
jurisdiction of Indian courts flow from laws enacted in the British era.
What is admiralty jurisdiction?
Admiralty jurisdiction relates to powers of
the High Courts in respect of claims associated with transport by sea and
navigable waterways.
