IMPORTANT POINTS
Court is the final interpreter of a legislation.
Unless the ship is completely built and ready sea-going, the owner cannot apply for provisional registration certificate.
Section 40 has to be read with the preceding provisions contained in Section 34 onwards till Section 41.
Registration and maritime flag are important for ascertainment of jurisdiction.
Validity of six months for PCOR is only to ensure that a ship in abroad, becoming Indian ship is able to travel and get itself permanently registered at the port of registry in India. There is no provision for renewal or extension.

JUDGMENT :

Dipak Misra, J.

Leave granted.

2. The assail in the present appeal, by special leave, is to the judgment and order dated 25.07.2016 passed by the High Court of Judicature at Bombay in Writ Petition No. 1668 of 2016 whereby it has quashed the order dated 13.04.2016 passed by the Principal Officer, Mercantile Marine Department, the first respondent herein, revoking the Provisional Certificate of Registration (PCOR) dated 16.10.2015 issued in respect of “Vessel Sita Devi” on the basis of materials coming to its notice.

It is necessary to state here that the 4th respondent, Oil and Natural Gas Corporation Limited (ONGC) had issued a tender inviting competitive bids for the charter hire of a stimulation vessel for Mumbai Offshore for three years on the terms and conditions set out in the tender. One of the terms and conditions basically related to get a PCOR. For the present, I am not concerned with the tender conditions and compliance thereof, for this Court though heard the learned counsel appearing for the parties on facts as well as on law, but at the subsequent stage, it was thought apposite that the Court should answer the issue relating to law inasmuch as it is fundamentally required to be dealt with what are the requirements to get a PCOR under Section 40 of the Merchant Shipping Act, 1958 (for brevity, “the Act”). Therefore, I shall advert to the law in that regard and answer the same and, thereafter the controversy shall be dealt with on the basis of the judgment presently rendered and other facts, if required.

3. For the determination of the issue, I have heard Shri Kapil Sibal, learned senior counsel for the appellants, Shri Mukul Rohatgi, learned Attorney General for India and Shri Ajit Kumar Sinha, learned senior counsel for the Union of India, Shri C.A. Sundaram, learned senior counsel for the respondent No. 5 and Dr. Abhishek Manu Singhvi, learned senior counsel for respondent No. 7. It is worthy to mention that Shri Mukul Rohatgi has also addressed the Court on behalf of ONGC.

4. To appreciate the controversy in proper perspective, it is necessitous to appreciate and interpret certain provisions of the Act commencing from Section 2 to Section 41. I shall also refer to other provisions of the Act as my attention has been drawn to some of them for scrutinizing the marrows of Section 40 of the Act and not merely to dissect it. I also make it clear that the provisions which are required to be focussed from Section 2 to Section 41 shall only be delved upon.

5. Prior to referring to the provisions, I think it pertinent to refer to statement of objects and reasons. It reads as follows:-

“An Act to foster the development and ensure the efficient maintenance of an Indian Mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board to provide for the registration, certification, safety and security of Indian ships and generally to amend and consolidate the law relating to merchant shipping.”

6. Section 2 deals with application of the Act. It is as follows:-

“Section 2. Application of Act.–

(1) Unless otherwise expressly provided, the provisions of this Act will apply to-

(a) any vessel which is registered in India; or

(b) any vessel which is required by this Act to be so registered; or

(c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be.

(2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within India, including the territorial waters thereof.”

7. Section 3 is the dictionary provision. Sub-section (23) defines “owner” as follows:-

“(23) "own