Lok Sabha passed Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016

Posted on:14 Mar 2017 09:10:21
Lok Sabha passed Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016
14 March 2017 Current Affairs: The Lok Sabha on 10 March 2017 passed the Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016. The Bill seeks to establish a legal framework to consolidate the existing laws relating to admiralty jurisdiction of courts, admiralty proceedings on maritime claims, arrest of vessels and related issues.

The intended legislation also repeals the following five obsolete British statues on admiralty jurisdiction in civil matters.

i. The Admiralty Court Act, 1840

ii. The Admiralty Court Act, 1861

iii. The Colonial Courts of Admiralty Act, 1890

iv. The Colonial Courts of Admiralty (India) Act, 1891

v. The provisions of the Letters Patent, 1865

The repealing of five admiralty statutes is in line with the government's commitment to do away with archaic laws which are hindering efficient governance.

Highlights :  The bill confers admiralty jurisdiction on High Courts located in coastal States of India and this jurisdiction extends up to territorial waters.

The jurisdiction is extendable, by a Central Government notification, up to exclusive economic zone or any other maritime zone of India or islands constituting part of the territory of India.It applies to every vessel irrespective of place of residence or domicile of the owner.

Inland vessels and vessels under construction are excluded from its application, but the Central Government is empowered to make it applicable to these vessels also by a notification if necessary.It does not apply to warships and naval auxiliary and vessels used for non-commercial purposes.

The jurisdiction is for adjudicating on a set of maritime claims listed in the bill  In order to ensure security against a maritime claim, a vessel can be arrested in certain circumstances.

The liability in respect of selected maritime claims on a vessel passes on to its new owners by way of maritime liens subject to a stipulated time limit. In respect of aspects on which provisions are not laid down in the bill, the Civil Procedure Code, 1908 is applicable.

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