The Ministry of Ports, Shipping and Waterways released the draft Indian Ports Bill, 2022.62 The draft Bill seeks to prevent pollution at ports, ensure compliance with international maritime treaties, and manage major and non-major ports. Key features of the draft Bill are as follows:
▪ Applicability: The draft Bill will apply to all ports in the country, vessels within port limits, parts of navigable rivers and channels that lead to a port, and aircrafts that use a port. The draft Bill does not apply to: (i) ports that belong to the Indian Navy, Coast Guard, or Customs authorities, (ii) vessels belonging to the central or state government, or foreign vessels of war, or (iii) any port as notified by the central government.
▪ Administrative bodies: The draft Bill seeks to establish a Maritime State Development Council whose functions include: (i) recommending the central government on existing legal framework for statutory compliances, (ii) recommending measures to facilitate competition and port connectivity, (iii) formulating a national plan as a recommendatory framework to realise the potential of ports, and (iv) issue guidelines for information to be collected by ports. Each state government shall also constitute a State Maritime Board for all non-major ports in the state. The functions of the Board include initiating development plans, providing licenses for infrastructure and services, and protecting the ecological balance of the port.
▪ Port Tariff: For a major port, the Board of Major Port Authority shall frame or amend the port tariff. A major port is any port as notified by the central government. For a non-major port, the State Maritime Board or a concessionaire authorised by the Board shall frame or amend port tariff. Port tariff refers to consideration payable to a port in lieu of the services rendered to vessel owners. Such tariff includes port dues for using the port, consideration for loading or unloading of cargo, and for storage of materials.
▪ Preventing and containing pollution: As per the requirements of the MARPOL Convention, i.e., the International Convention for the Prevention of Pollution from Ships, 1973, Indian ports must provide adequate reception facilities to receive waste from vessels. Ports that provide reception facilities may levy user charges. Ports are also required to prepare a port waste reception and handling plan in compliance with the prescriptions of the central government.
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