Date: 2018-02-14Category: DGS OrderState: Union GovernmentCountry: India
Registration, survey and certification of Indian fishing boats by the Mercantile Marine Departments (MMDs) and Maritime States & Union Territories - reg.
**Executive Summary**
DGS Order No. 03 of 2018 concerns the registration, survey, and certification of Indian fishing boats by the Mercantile Marine Departments (MMDs) and Maritime States & Union Territories. It extends the validity of previous DGS orders related to the registration of fishing boats until August 14, 2018, while surveyors under MMDs continue their responsibilities for boats 24 meters and above in length. The order comes into force with immediate effect, dated February 14, 2018.
**Key Points / Main Content**
* **Legislative Basis:**
* Part XV-A of the Merchant Shipping Act, 1958 provides for the registration, survey, and certification of Indian flag fishing boats.
* The Central Government can declare ports of registry via official gazette notification.
* The Central Government can appoint Registrars for Indian flag fishing boats at declared ports.
* **Past Notifications:**
* Notification GSR-449(E) (2013) initially required Indian flag fishing boats of 20 meters and above to be registered with the MMDs.
* Notifications GSR-594 (E) and GSR-595 (E) (both dated August 14, 2014) allowed Maritime State/UT authorities to undertake registration, survey, and certification of all Indian flag fishing boats, irrespective of their length, superseding GSR-449(E).
* GSR-595(E) directs that the powers under Section 9 of the Act are exercisable by the Secretary of the Maritime States Govt. or the Administrators/Chief Secretaries of the UTs.
* **Current Directives:**
* Recognizing that the Maritime State/UT authorities may need more time to effectively undertake registration, survey, and certification of Indian flag fishing boats, the validity of preceding DGS orders is extended up to 14.08.2018.
* Surveyors under MMDs shall continue to discharge responsibilities of registration, survey and certification of boats with length 24 meters & above until 14.08.2018.
* Maritime State/UT authorities already equipped to perform these tasks are not precluded from doing so.
* **Previous Discussions:**
* The Inter-Ministerial Empowered Committee on Marine Fisheries considered reverting to the previous system where MMDs under DG Shipping handled boats of 24 meters and above, and State/UT Fisheries Departments handled boats below 24 meters.
**Impact Analysis**
**Stakeholder: Indian Flag Fishing Boat Owners**
* **Impact:** Have an extension to undertake change of registry of their boats.
* **Action Required:** May need to undertake change of registry from the present Registrars to the respective new Registrars under the Maritime State / UT Administrations.
**Stakeholder: Maritime State / UT Administrations**
* **Impact:** May need more time to effectively undertake the work related to registration, survey and certification of Indian flag fishing boats.
* **Action Required:** Maritime State/UT authorities that are already equipped may continue the tasks.
**Stakeholder: Mercantile Marine Departments (MMDs)**
* **Impact:** Surveyors under MMDs continue to discharge responsibilities of registration, survey and certification of boats with length 24 meters & above until 14.08.2018.
* **Action Required:** Continue responsibilities of registration, survey and certification of boats with length 24 meters & above until 14.08.2018.
Key Entities Referenced
Merchant Shipping Act, 1958: Provides for the registration, survey, and certification of Indian flag fishing boats, specifically referenced in Part XV-A.
Mercantile Marine Departments (MMDs): The original departments authorized to register Indian flag fishing boats.
GSR-595(E): Notification that authorized the State/UT Fisheries Departments to carry out registration of all Indian fishing boats.
Maritime States / Union Territories: Jurisdictions to which authority for registration, survey, and certification is delegated, and whose capacity to implement changes is factored into this order.
Ministry of Shipping: The ministry that issued the notifications regarding registration of Indian fishing boats.
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F. No. CS/SV(1X6)/2017 Dated:14.02.18
DGS Order No.03 of 2018
Subiect - Registration. survev and certification of lndian fishinq boats bv thg
,
M e rca n t i le Marine Departments [MMDsl and Maritime States & Union Tenitories-
reo.
1. Whereas, Part XV-A of the Merchant Shipping Act, 1958, as amended
[hereinafter referred to as the Act'] provides for the registration, survey and
certification of lndian flag fishing boats;
2.
Whereas, as per sub-section(1) of section 435-D ibid, a port of registry of
such fishing boats shall be a port of place in lndia as the Central Government
may, by a notification in the oftrcial gazette, declare as a port or place of registry
thereof.
3.
Whereas, as per section 435E supra, the Cenkal Government may, by a
notification in the official gazette, appoint an officer to be a Registrar of lndian flag
fishing boats (hereinafter referred to as 'Registrar') at every port or place declared
as a port or place of registry under sub-section (1) of section 435E of theAct.
4.
Whereas, the Ministry of Shipping, Govt. of lndia had, in the year 2013, issued
a Notification GSR449(O [F. No. SR-1901410112009-MG] dated 02.07.13, through
whbh ports/places of registry and corresponding Registrars for lndian flag fishing
boats were notified. ln this notification, lndian flag fshing boats of length 20 meters
and above were required to be registered with the Mercantile Marine Department
lMMDsl of the Govt. of lndia.
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5. Whereas, the Ministry of Shipping, Govt. of lndia vide its subsequent Notification
GSR-594 (E) tF No. SR-19014/01/2009-MGI dated 14.08.14 has made the
provisions of sub-section (1) of section 9 ibid [i.e., the power to appoint Surveyors]
appllcable to Part XV-A fishing boats] supra. Contextually, attention is invited to the
fact that the said Notification GSR 594(E) dated 14.08.14 provisions, inter-alia, that
such work of survey and certification could be delegated to any person or persons
with the previous approval of the Central Govt.
6.
Whereas, the Ministry of Shipping, Govt. of lndia vide its other Notification
GSR- 595(E) [F. No. SR-190'14/01/2009-MG] dated 14.08.14 had superseded its
earlier notification adverted to in para 4 herein above i.e., G.S.R. 449(E)
lF. No. SR- 19014/01/2009-MGI dated 02.07-13, and has in the same
notifi cation directed that;
6.'1.
The power, authority & jurisdiction exercisable under sub-section (1) of
section 9 of the said Act shall also be exercisable by the Secretary of the Govt. of
the respective Maritime States in charge of their Departments of Fisheries of by
/
the Administrators Chief Secretaries of the respective Union Territory (UT)
Administrations, for the purpose of Part XV-A ibid.
6-2. Ports of registry and corresponding Registrars for lndian flag fishing
boats were also notified for the convenience of the lndian fishing industry.
7. whereas the work relating to registration, survey and certification of all lndian
flag fishing boats, irrespective of their length, may now be undertaken by the
Maritime State/ UT authorities concerned in terms of the two notifications
mentioned herein above viz., GSR-594 (E) [F. No. SR-'19014O1/2009-MG] dated
14.08.14 & GSR-595 (E) [F. No. SR-19014ov2009-MG]dated 14.08"i4.
8.
Whereas, the respective Maritime State,/ UT authorities may take some more
time to effectively undertake the said work related to registration, survey and
certification of lndian flag fishing boats, the transfer of documents thereto of their
past registration from their present registry to the respective State / UT
authorities, and also for an appointment of Surveyors for carrying out the
functions related to registration, survey and certification of lndian flag fishing
boats.
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9.
Now, therefore, reckoning the convenience of lndian flag fishing boat owners
to undertake change of registry from the present Registrars to the
/
respective new Registrars under the Maritime State UT Administrations
concerned, factoring the administrative convenience of the jurisdictional Maritime
State / UT authorities and also taking into account that the latter may, as yet,
not be fully equipped to deal with the aforesaid works, this office hereby extends
the validity of its preceding DGS Order No. 1 of 2015 . No. CS-7(1)/2009-Vll dated
lF
13.04.2015, DGS Order No. 5 of 2015 [F. No. CS-7(1)/2009-Vll] dated 17.11.15,
DGS Order No. 3 of 2016 [F. No. CS-7(1)12009-Vll] dated 11.04.16 and DGS Order
No. 6 of 2016 [F. No. CS-7(1)12009-Vll] upto 30.09."17.
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10. The subject matter was also discussed in the meeting of the lnter-Ministerial
Empowered Committee on Marine Fisheries held at New Delhi, on 09.06.15, h the
Ministry of Agriculture, Govt. of lndia [agenda item no. 5]. lt was recommended
therein that - " .... considering the inadequate competence of State Fisheries
Departments to undertake these responsibilities, shortage of qualified Surveyors, and
the ground realities regarding difficulties being faced in registration of large sized
fishing vessels, it was recommended by the EC that DG Shipping/Ministry of
Shipping may consider reverting back to the previous system , and therefore to
consider to withdraw its notification GSR-595(E) dated 14.08.14, which authorizes
the State/UT Fisheries Departments to carry out registration of all lndian fishing
boats(irrespective if length); and to adopt tre earlier practice of MMDs under DG
Shipping being authorized to carry out the work related to registration, survey and
certification of lndian fishing boats of length 24 meters and above, whereas fishing
vessels of below 24 meters length may be registered by the Fisheries Departments of
States/UTs".
1. Accordingly, the Surveyors under the respective/jurisdictional MMDs of the Govt. of
1
lndia shall continue to discharge, in the meanwhile, the responsibilities of registration,
survey and certification of lndian flag fishing boats of length 24 meters & above
upto14.08.2018. However, the Maritime State/UT authorities who are equipped to
deal with the said tasks are not precluded from performing such works as per the
Govt. of lndia's notifications mentioned in para 7 hereinabove.
12. This order shall come into force with an immediate dect
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(Amitabh K
Additional Director Gen
Director General of Shipping (l/C)
Govt. of lndia, Mumbai