Ministry of Shipping
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, consolidates and updates India’s laws related to admiralty jurisdiction. It streamlines legal proceedings involving vessels, their arrest, detention, and sale. The Act clarifies the scope of admiralty jurisdiction, defines maritime claims, and establishes procedures for resolving disputes, including the application of the Code of Civil Procedure. This Act falls under the Ministry of Ports, Shipping and Waterways.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on August 9, 2017. It consists of four chapters and 18 sections.
Act Governed By:
The Act’s provisions are primarily enforced by the High Courts designated in the Act, which have admiralty jurisdiction. The Central Government plays a role in rule-making and specifying certain procedures.
On Whom It Is Applicable:
The Act applies to all vessels, irrespective of the owner’s residence or domicile, except for inland vessels (unless specifically notified) and certain government vessels used for non-commercial purposes. It covers various stakeholders involved in maritime activities, including vessel owners, demise charterers, managers, operators, crew members, and claimants.
Penalties/Punishments:
The Act itself does not specify penalties. However, it establishes liabilities and procedures for enforcing maritime claims, which can result in financial consequences for the liable parties.
Important Pointers:
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Consolidates existing laws related to admiralty jurisdiction and maritime claims.
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Clearly defines admiralty jurisdiction, maritime claims, and maritime liens.
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Provides for the arrest of vessels in rem and in personam to secure maritime claims.
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Establishes a clear order of priority for maritime liens.
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Outlines procedures for the sale of vessels and the vesting of rights upon sale.
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Specifies the application of the Code of Civil Procedure in admiralty proceedings.
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Allows for the assistance of assessors in admiralty proceedings.
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Provides for appeals and transfer of proceedings.