INDIA Law and Practice Contributed by: Gautam Bhatikar, Deeksha Dev Singh and Isha Patil, Phoenix Legal
1.4 Requirements for Ownership of Vessels The requirements for ownership of vessels reg - istered in India are as follows: • vessels can be owned by a citizen of India; • vessels can be owned by a company or body that is established by or under any central or state act and that has its principal place of business in India; and • vessels can be owned by a co-operative society that is registered or deemed to be registered under the Co-operative Society Act, 1912, or any other law relating to co- operative societies in force in any state. It is not possible to register a vessel that is still under construction. 1.5 Temporary Registration of Vessels The Merchant Shipping Act, 1958 provides for a “temporary pass in lieu of certificate of registry”. The statute provides that, where it appears to the central government that it is desirable for permission to be granted to any Indian ship to pass from one port to any other port in India without being previously registered, due to spe - cial circumstances, the central government may authorise the registrar of the first-mentioned port to grant a pass that shall have the same effect as a certificate of registry, for the time and within the limits mentioned therein. 1.6 Registration of Mortgages The Mercantile Marine Department maintains the register of mortgages. In order to register a mort - gage with the Mercantile Marine Department, the following documents must be submitted: • a duly filled-in Form 11 for the registration of a mortgage;
• maritime administration; • the safety and security of ships and seafarers; • the prevention of pollution of the marine envi - ronment at sea; and • the Standards of Training & Certification of Seafarers (STCW) and their welfare. Together, these agencies are tasked with the inspection of foreign-flagged ships in Indian ports and with ensuring compliance with man - datory International Maritime Organization (IMO) Conventions, such as (among others): • the International Safety Management (ISM) Code; • the International Ship and Port Facility Secu - rity (ISPS) Code; • the International Convention for the Safety of Life at Sea, 1974 (SOLAS); • the International Convention for the Preven - tion of Pollution from Ships, 1973 (MARPOL) and its Protocol of 1978; and • the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs). The Merchant Shipping Act, 1958 is the umbrella statute, which gives the PSC powers to enforce the various IMO conventions to which India is a party. 1.3 Domestic Legislation Applicable to Ship Registration The Merchant Shipping Act, 1958 and the Reg - istration of Ships Rules, 1960 are applicable to ship registration. A central register is maintained by the Direc - tor General of Shipping through the Mercan - tile Marine Department, which contains all the entries recorded in the register books kept by the registrar at the port of registry in India.
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