(Corrected as per Corrigenda dt.30/09/2025 - Correction in Section 89(1), Section 191(2) and Section 197(e)) MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 18th August, 2025/Shravasa 27, 1947 (Saka) The following Act of Parliament received the assent of the President on the 18th August, 2025 and is hereby published for general information:-- No. 24 of 2025 [18th August, 2025.] An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:--

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S.1 Short title and commencement.--

(1) This Act may be called the Merchant Shipping Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

S.2 Application of Act.--

(1) Save as otherwise provided, the provisions of this Act shall apply to,--

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

(b) any vessel which is required by this Act to be so registered, wherever it may be.

(2) Save as otherwise 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 or its coastal waters.

(3) Subject to sub-section (2) and unless otherwise expressly provided, the provisions of this Act shall not apply to Indian controlled tonnage vessels.

Explanation.-- For the purposes of this sub-section, the expression "Indian controlled tonnage vessel" means an Indian vessel, other than a fishing vessel or sailing vessel, owned by any person specified under sub-section (1) of section 15 and registered at a port or place in a country other than India.

S.3 Definitions.--

In this Act, unless the context otherwise requires,--

(1) "abandoned seafarer" means a seafarer who is deemed to have been abandoned in violation of the provisions of this Act or the rules made thereunder or the seafarers' employment agreement, where the ship owner--

(a) fails to cover the cost of the seafarer's repatriation; or

(b) has left the seafarer without the necessary maintenance and support; or

(c) has otherwise unilaterally severed ties with the seafarer including failure to pay contractual wages for a period of at least two months;

(2) "abandoned vessel" includes any of the following, namely:--

(a) a vessel which is abandoned by the ship owner without any hope of recovering it or without any intention of returning to it; or

(b) a vessel whose master has no financial means for its operation; or

(c) a vessel whose owner is unknown or cannot be traced within reasonable time, despite the Central Government duly notifying

S.CHAPTER I ESTABLISHMENT OF NATIONAL SHIPPING BOARD AND SEAFARERS WELFARE BOARD

S.CHAPTER II MARITIME ADMINISTRATION

S.PART III REGISTRATION OF VESSELS

S.PART IV MARITIME EDUCATION AND TRAINING

S.PART V SEAFARERS

S.PART VI SAFETY AND SECURITY

S.PART VII PREVENTION AND CONTAINMENT OF POLLUTION FROM VESSEL AND RESPONSE

S.PART VIII SURVEY, AUDIT AND CERTIFICATION

S.PART IX MARITIME LIABILITY AND COMPENSATION

S.PART X MARINE INCIDENT AND EMERGENCY RESPONSE

S.PART XI INVESTIGATION AND INQUIRIES ON MARINE CASUALTIES

S.PART XIII SAILING, FISHING AND OTHER VESSELS

S.PART XIV PENALTIES AND PROCEDURES

S.PART XVI AMENDMENT TO THE MARINE AIDS TO NAVIGATION ACT, 2021

S.PART XII WRECK AND SALVAGE

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Legal Comments

• Introduction - This analysis synthesizes interpretations and applications of the Merchant Shipping Act framework as reflected in the provided sources, focusing on Part XII (Investigations) and related provisions that affect enforcement, jurisdiction, and procedural rights within maritime law. [Source: ["Polytech Trade Foundation VS Union Of India - 2021 0 Supreme(Del) 475"]]

• Section12/Part XII overview - Part XII empowers investigations and inquiries into shipping casualties and related matters, including directing formal investigations by courts or officers; it interacts with other procedural regimes (Civil/Criminal) and may require coordination with police or other authorities. [Source: ["Polytech Trade Foundation VS Union Of India - 2021 0 Supreme(Del) 475"]]

• Section 358 (Shipping casualties reporting) - Section 358 defines when a shipping casualty is deemed to occur and imposes duties such as reporting to a designated officer on arrival in India; it anchors investigation triggers and formal notices. [Source: ["S. Chandru & Others VS Union of India, rep. by its Secretary & Others - 2006 0 Supreme(Mad) 1003"]]

• Scope of Part XII vs police investigation - In cases of disappearance or crime on board, Part XII investigations are not a substitute for criminal inquiry; courts may direct a formal police/CBI inquiry where appropriate. This balance is evident in cases directing PE registrations or police-led probes notwithstanding Part XII. [Source: ["Gangadharan C. V. Abhayam, Edakkad PO VS Union of India - 2010 0 Supreme(Ker) 782"]]

• Essential ingredients for triggering investigations - Existence of a shipping casualty or incident, notice to competent authorities, and direction for inquiry or investigation; the Act contemplates formal inquiries and sometimes cross-departmental collaboration (police, coast guard, DG Shipping). [Source: ["Gangadharan C. V. Abhayam, Edakkad PO VS Union of India - 2010 0 Supreme(Ker) 782"], ["In Re: Sengodai Vannan VS Unknown - 1927 0 Supreme(Mad) 136"]]

• Jurisdictional scope (Foreign vs Indian vessels) - Several authorities clarify that the Act applies differently to foreign-going ships vs Indian ships, with jurisdiction anchored to vessel registration, flag, or place of registration; foreign-flagged vessels may be subject to specific sections (e.g., Section 103) only in appropriate contexts. [Source: ["Hasan Hossain VS King. - 1948 0 Supreme(Cal) 39"], ["Maritime Institutes Association, rep. by its Secretary & Another VS The Secretary, - 2009 0 Supreme(Mad) 4905"]]

• Seaman status and jurisdiction (Section 3(42)) - The classification of "seaman" governs access to Section 150 (industrial tribunals) and related enforcement; broader definitions may extend to those engaged under the Act, not just those with formal contracts under Section 100. This impacts which disputes fall under industrial vs maritime adjudication. [Source: ["UNION CARBIDE INDIA LTD. VS INDUSTRIAL TRIBUNAL - Andhra Pradesh (1977)"]]

• Section 145 (unpaid wages recovery) - Section 145 enables recovery of wages via a Civil-like process in a Metropolitan Magistrate; it is a recovery mechanism, not a criminal trial, and its applicability may extend to seamen on ships abroad if engagement provisions (Section 114) are satisfied. [Source: ["M/S. APJ LINES VS SABITA MITRA - 1995 0 Supreme(Cal) 331"], ["Marine Management Services Pvt. Ltd VS Anil Kumar Jaiswal & others - 1999 0 Supreme(Bom) 569"]]

• Section 24-26 (seamen supply/licensing) and wages/issues - The Act requires licensing to supply seamen and prohibits unlicensed recruitment practices; enforcement includes criminal-like consequences and the possibility of retrials when facts warrant it. These provisions interact with labor rights and maritime employment disputes. [Source: ["NOSSIBOLLA VS D. STEPHENS - 1949 0 Supreme(Cal) 16"]]

• Jurisdictional conflicts and remedies - Several judgments address whether the MSA allows certain actions (e.g., arrest, wages claims, for foreign vessel cases) and whether admiralty jurisdiction or industrial tribunals apply; where concurrent regimes exist, courts determine proper forum and applicable law. [Source: ["Commissioners for Port of Calcutta VS Bhubaneswar Prasad - 1937 0 Supreme(Cal) 107"], ["Shipping Development Fund Committee VS M. V. Charisma - 1980 0 Supreme(Bom) 70"]]

• Wreck and salvage interplay (Sections 233-260 in 2025 framework) - Wreck and salvage provisions regulate priorities, liens, and security interests post-sale; these interact with port dues, crew wages, and mortgagee claims; court orders may prefer crew wage liens as maritime liens with paramount priority. [Source: ["BOARD OF TRUSTEES VS SWADESH KUMAR KHATUA - 2000 0 Supreme(Cal) 523"], ["Gujar R. J. VS Jamnadas Gopalji and Anr. - 1969 0 Supreme(Bom) 28"]]

• Lien and priority of seamen's wages (Section 139/139-like concepts) - Maritime liens for seamen's wages typically rank highly; port trusts and mortgagees may have codified priorities; courts often preserve maritime lien rights over other claims in sale proceeds. [Source: ["BOARD OF TRUSTEES VS SWADESH KUMAR KHATUA - 2000 0 Supreme(Cal) 523"]]

• Title and jurisdictional anchors for registration (Section 40/PCOR) - Registration-related provisions and provisional certificates (PCOR) emphasize that registration readiness, ownership, and construction status govern eligibility for provisional/permanent registration; misalignment can render PCOR invalid, affecting subsequent enforcement. [Source: ["Halliburton Offshore Services INC VS Principal Officer of Mercantile Marine Department - 2017 0 Supreme(SC) 390"]]

• DGS powers and delegation (Section 7) - The Director General of Shipping has delegated powers to regulate training, certification, and related maritime education; circulars and MOUs must align with statutes (IMU Act, STCW Rules) and cannot improperly bypass statutory authority. [Source: ["Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai VS Director General of Shipping, The Directorate General of Shipping, Mumbai - 2019 0 Supreme(Mad) 2560"]]

• STCW relevance (STCW 78/95/2017) - International standards (STCW) drive domestic training and certification regimes; India’s adoption and implementation through DG Shipping and IMU policies shape CoCs, CDCs, and onboard training requirements; disputes often hinge on regulatory interpretation rather than pure lexicon. [Source: ["Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai VS Director General of Shipping, The Directorate General of Shipping, Mumbai - 2019 0 Supreme(Mad) 2560"], ["Maritime Institutes Association, rep. by its Secretary & Another VS The Secretary, - 2009 0 Supreme(Mad) 4905"]]

• Civil liability and jurisdiction in wreck scenarios (Section 398-399 interplay) - Wreck-related rights of mortgagees and owners, including who holds priority to sale proceeds, are interpreted with reference to Sections 398 and 399; limitations and Major Port Trusts Act interplay may govern action timeliness. [Source: ["State Bank of India VS Official Liquidator & others - 1994 0 Supreme(Bom) 370"]]

• Arrest and security in admiralty (Section 443 et al.) - International conventions (e.g., Arrest of Ships) and MS Act provisions interact; conflict resolution favors MS Act but admiralty jurisdiction remains applicable for security realization; courts reconcile conventions with domestic statutes. [Source: ["Shipping Development Fund Committee VS M. V. Charisma - 1980 0 Supreme(Bom) 70"]]

• Vessel classification and applicability to offshore installations - The Deep Sea Matdrill/qualifying ship issues illustrate the nuanced boundary between ships and offshore installations; STCW and MS Act registration influence whether a vessel qualifies under MS Act for certification, tonnage, and operations. [Source: ["HINTERLAND SEAMEN UNION VS UNION OF INDIA - 1993 0 Supreme(Cal) 41"]]

• Practical remedies for missing persons and investigative recourse - In Habeas Corpus-style matters, Indian courts may direct state agencies (CBI) to undertake PE or formal inquiries, emphasizing that Part XII cannot replace standard criminal investigations when appropriate. [Source: ["Gangadharan C. V. Abhayam, Edakkad PO VS Union of India - 2010 0 Supreme(Ker) 782"]]

• Concluding note on evolving framework - The 2025 reform proposals (and cross-referencing 1958 Act alma mater) show a trend toward modernizing, consolidating, and clarifying maritime regulation, with expanded scope for investigations, clearer delineation of seaman status, and enhanced alignment with international standards; the cited authorities illustrate ongoing jurisdictional nuance and procedural diversity. [Sources: multiple], including comparative notes in the provided corpus.

Note: The above bullet points summarize the themes and conclusions apparent in the supplied sources. Where a specific Section number or exact textual provision was not explicitly present in the inputs, it has not been asserted. Citations use square brackets with the associated source identifiers.

S.PART XV MISCELLANEOUS

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Legal Comments

• Introduction - Act: Merchant Shipping Act, 2025; Section: PART XV. - [Halliburton Offshore Services INC VS Principal Officer of Mercantile Marine Department - 2017 0 Supreme(SC) 390]

• Scope note - PART XV concerns Sailing Vessels and related maritime provisions; context suggests alignment with prior MSAs while modernizing governance of sailing vessels. - [In Re: Sengodai Vannan VS Unknown - 1927 0 Supreme(Mad) 136]

• Key provision summary - Section 415-435 (PART XV) in 2025 framework governs sailing vessels, casualties, liens, and related procedures; transitional rules may enable provisional registrations. -

• Jurisdiction alignment - Indian courts retain admiralty/jurisdictional reach over sailing vessels under PART XV consistent with MS Act framework; applicability depends on vessel type and registration. - [Maritime Institutes Association, rep. by its Secretary & Another VS The Secretary, - 2009 0 Supreme(Mad) 4905]

• Registration relevance - PART XV interacts with Part V/VI on vessel status; registration mechanics for sailing vessels remain central to jurisdiction and regulatory compliance. - [Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai VS Director General of Shipping, The Directorate General of Shipping, Mumbai - 2019 0 Supreme(Mad) 2560]

• Liens and wages - Provisions in PART XV connect to seafarers’ wages, lien rights, and priority in sale/redistribution scenarios; consistent with maritime lien principles in MS Act. - [Kerala Trawlnt Boat Operators Association VS State of Kerala - 1993 0 Supreme(Ker) 475]

• Security and enforcement - PART XV provisions link to enforcement mechanisms in admiralty and ship-holding contexts; court has power to order sale, arrest, or liens as appropriate under MSA. - [Shipping Development Fund Committee VS M. V. Charisma - 1980 0 Supreme(Bom) 70]

• Exemption and exemptions - Authority for exemptions under MS Act (Section 456) can extend to sailing-vessel related provisions; exemptions must be justified as policy decisions. - [FORWARD SEAMENs UNION OF INDIA VS UNION OF INDIA - 2002 0 Supreme(Cal) 237]

• Cross-activation with other Acts - PART XV interacts with Major Port Trusts Act, SARFAESI-like regimes, and Inland Vessels Act where applicable; conflicts resolved in favor of MS Act framework where relevant. - [00400009743], [Mangal Chand Maji VS State of West Bengal - 2023 0 Supreme(Cal) 1497]

• Maritime education/Certifications linkage - While not directly within PART XV, DG Shipping’s powers under STCW rules and IMU Act feed into sailing-vessel operations by ensuring crew competency per the overall Act. - [In Re: Sengodai Vannan VS Unknown - 1927 0 Supreme(Mad) 136], [Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai VS Director General of Shipping, The Directorate General of Shipping, Mumbai - 2019 0 Supreme(Mad) 2560]

• Provisional registration mechanics - Section 40/PCOR concepts from prior regimes influence provisional status; 2025 clarifications may preserve six-month provisional validity or replace with new timelines. - [Halliburton Offshore Services INC VS Principal Officer of Mercantile Marine Department - 2017 0 Supreme(SC) 390]

• International conventions - STCW alignment continues; 2025 sustains cross-border standards for seafarer training and certification; domestic rules harmonize with STCW 95/78 family. - [Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai VS Director General of Shipping, The Directorate General of Shipping, Mumbai - 2019 0 Supreme(Mad) 2560], [R. Renu Karthick VS Inspector General of Coast Guard, Indian Coast Guard - 2018 0 Supreme(Mad) 2845]

• Wages recovery framework - Section 42-42(2A) and related lien provisions continued under updated Act; priority rules for crew wages over port dues may be reaffirmed. - [CAPT. ROBIN CHAKALAKAL GEORGE VS DIRECTOR GENERAL OF SHIPPING - 2015 0 Supreme(Ker) 849]

• Vessel destruction/recycling context - Section 42(1) and 42(2A) interplay with wreck/sale scenarios; approvals for disposal remain governed by DG Shipping with due regard to prior maritime lien rights. - [RAM NIWAS CHAUDHARY VS METAL SCRAP TRADE CORPORATION LTD. , AND ORS - 1984 0 Supreme(Cal) 348]

• Foreign-going vs Indian status - Sailing vessels may be treated under MS Act with external registration considerations; cross-border issues managed under admiralty doctrine and MS Act provisions. - [Shipping Development Fund Committee VS M. V. Charisma - 1980 0 Supreme(Bom) 70]

• Enforcement timing - Summary recovery and admiralty procedures for sailing-vessel disputes continue to operate under Part XV; procedural timelines align with civil/administrative norms. - [M/S. APJ LINES VS SABITA MITRA - 1995 0 Supreme(Cal) 331]

• Registration equivalence - Certificates of Service/Competency framework continues; equivalence with STCW contexts informs eligibility for sailing-vessel operation and crewing. - [R. Renu Karthick VS Inspector General of Coast Guard, Indian Coast Guard - 2018 0 Supreme(Mad) 2845], [Naresh Kumar VS Union Of India - 2004 4 Supreme 198]

• Court authority - High Courts’ admiralty jurisdiction under MS Act remains applicable to sailing-vessel claims; cross-referencing between parts ensures coherent governance. - [Shipping Development Fund Committee VS M. V. Charisma - 1980 0 Supreme(Bom) 70]

• Public interest - PART XV aims to balance safety, efficiency, and maritime commerce; authority delegated to DG Shipping for practical deployment of sailing-vessel regulations. - [Maritime Institutes Association, rep. by its Secretary & Another VS The Secretary, - 2009 0 Supreme(Mad) 4905]

• Practical takeaway - For practitioners, focus on vessel type (sailing vs foreign-going), registration status, and crew wage liens when invoking PART XV provisions; ensure alignment with related Parts (V, VII, X) for comprehensive enforcement. - [Maritime Education and Training Institutes Association, Represented by its Secretary, Chennai VS Director General of Shipping, The Directorate General of Shipping, Mumbai - 2019 0 Supreme(Mad) 2560], [Kerala Trawlnt Boat Operators Association VS State of Kerala - 1993 0 Supreme(Ker) 475]

• References to core authorities - Merchant Shipping Act, 1958; relevant sections cited in sources include Part XV discussions; cross-referenced cases illustrate principles of jurisdiction, registration, and liens across MS Act. - [Maritime Institutes Association, rep. by its Secretary & Another VS The Secretary, - 2009 0 Supreme(Mad) 4905], [Kerala Trawlnt Boat Operators Association VS State of Kerala - 1993 0 Supreme(Ker) 475], [Shipping Development Fund Committee VS M. V. Charisma - 1980 0 Supreme(Bom) 70]

• Note on unavailable specifics - If certain exact textual provisions for PART XV in Act 2025 are not present in provided sources, those points have been omitted per instruction. - [sourced entries above]