Introduction of the Indian Merchant Shipping Act

For centuries India is a seafaring nation. He has created a great maritime history and tradition a long-long ago the rise of European maritime powers. By using many Indian ships across many oceans, a rich business carried on with Asian and Middle East countries. Since the advent of British rule, due to the priority given to the British shipping industries, the development of domestic shipping industry was discouraged. British restrictive shipping laws not only inhibit the growth of Indian shipping but also gradually made ​​it disappear from the high seas. 

Indian Merchant Shipping Law came into existence in the 19th century but it has never been in its healthy state. British law was being applied to Indian ships trading in international sea voyages, whose registration was under British Merchant Shipping Act, therefore they were technically British ship which was being registered in India. The Indian Merchant Shipping Act was vague and sketchy. Between the years 1938 to 1947, merchant shipping was organized in the following legislation: (a) Bombay Coasting Vessels Act, 1938 (b) Indian Registration of Ships Act, 1841 (as amended in 1950); and (c) The Indian Merchant Shipping Act, 1923. First of the three enactments referred to above dealt with the regulations of seagoing vessels. 

1841 Act was contained provisions relating to registration of sailing vessels. These two enactments were Modeled the way, so it only apply to small coasters and sailing ships. The third Act, namely the Indian Merchant Shipping Act, 1923 was quite extensive. Indian Merchant Shipping Law consolidating the provisions of the earlier two acts was supplemented by passing of the Seamen (Litigation) Act, 1946 and Control of Indian Shipping Act, 1947. The provisions of the International Conventions with respect to Load Lines, 1930 and SOLAS, 1948, both of which were ratified by India were later on incorporated through Indian Merchant Shipping Amendment Acts of 1933 and 1953. Immediately after independence, to suit the needs of a maritime country like India, the Merchant Shipping Act, 1958 was passed by the Indian Parliament. The Act has fulfilled all the main shortcomings of earlier legislation under which the registration of Indian ships were separating. Some provisions were also incorporated in Act which was important in accelerating the development of shipping in the post independence period. This Act is divided into 24 parts, each part dealing with specific aspects of merchant shipping like registration of ships , sailing vessels and fishing vessels, National Shipping Board, manning of ships, engagement, discharge and repatriation of seamen and apprentices, safety of passenger and cargo ships, control of Indian ships and ships engaged in the coasting trade, collisions, prevention and control of pollution of the sea by oil from ships, limitation of ship-owners' liability, civil liability for oil pollution damage etc.