Home India Ministry of Ports, Shipping and Waterways Registration, survey and certification of Indian fishing boa...
Date: 2018-02-14 Category: DGS Order State: Union Government Country: India

Registration, survey and certification of Indian fishing boats by the Mercantile Marine Departments (MMDs) and Maritime States & Union Territories - reg.

Issued by Ministry of Ports, Shipping and Waterways · Directorate General of Shipping

Research with AI Agent Chat with Document Generate Summary Translate Helpful Share Add to Project Create Task

Executive Summary & Key Takeaways

**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.
Official Source Record View Original Source →
See Full Document Text
w& r!* lImr g*rn / GoVERNMENT oF r]{Dra +d cftd6? ,i:flirq/ MrtrrsrRy oF sHrpprNc dtq-ff, Ftlfrhndrq / DrREcroRArE GENERAL oF sHrpprNc tffid: 91.22-2s7s2o4ol1/2/3 'ftsr frt*?r, 9 A ]ifrfr/'BErAsurrorre", g*rtoon 1 ele | 9 t -22-257 5204,0/ t / 3 td fFg t-ffir 022-2s7s2029/3s 3{rq-Ri6 / r-rHr x rEcHNo caMpus Faxt022-25752029 hS $jifr: dgshlp.dgs@nlc.ln *rgr ar4 $g / KAI{JUR MAR6(EASr) E-mail: dtihipd8s@nic.ln ial: www.dtshlppiry.tov.ln 1$ - 400 042 / MuMsAr- 4oo 042 webr ! !.dt!.!.!ppi!9.r9!.! ^ 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. -2- 'rl^tal"J-^J fil>lta-2- 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. -& L_\ v}-^--l \ilM;U,,/"A * r4l-f-3 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. 2* 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 ,l^,-^W,*rtr (Amitabh K Additional Director Gen Director General of Shipping (l/C) Govt. of lndia, Mumbai

Continue your research