Draft Indian Ports Bill, 2022: The Government of India (GoI) has recently prepared the draft Indian Ports (IP) Bill, 2022 to consolidate and amend the laws relating to ports.

Key Highlights:

• The draft IP Bill 2022 has been issued by the Ministry of Ports, Shipping and Waterways for Stakeholder Consultation.
• The draft IP Bill 2022 seeks to repeal and replace the existing the Indian Ports Act, 1908.

Key Features of Draft IP Bill 2022:

• The draft Indian Ports Bill proposes to homogenize and streamline the development of the maritime sector.
• It will also help in promoting ease of doing business by eliminating unnecessary delays, disagreements and defining responsibilities.
• It will incorporate State Maritime Boards in the national framework.
• India has a 7,500-kilometre-long coastline, 14,500 kilometers of potentially navigable waterways and strategic location on key international maritime trade routes.
• About 95 per cent of India’s trade by volume and 65 per cent by value is done through maritime transport facilitated by ports.
• In addition, The Maritime State Development Council will ensure cooperative federalism where Centre and State/UT Governments will work together towards preparing progressive road map for the country.
• The redundant provisions of the Act have been deleted or replaced with contemporaneous provisions.
• Furthermore, the existing penalties in the Act which are outdated have been updated with respect to amounts and offences relevant to current day scenario.

Objectives of Draft IP Bill 2022:

The primary objectives of the proposed bill are four-fold:

1. Promote integrated planning between States inter-se and Centre-States through a purely consultative and recommendatory framework;
2. Ensure prevention of pollution measures for all ports in India while incorporating India’s obligations under international treaties;
3. Address lacunae in the dispute resolution framework required for burgeoning ports sector;
4. Usher-in transparency and cooperation in development and other aspects through use of data.

Note: Note: India has signed the International Convention for the Prevention of Pollution from Ships (MARPOL).

Why has the Draft IP Bill 2022 been prepared?

The Indian Ports Act, 1908 (“Act”) is more than 110 years old so it has become necessary to -

• Update the Act to consider current frameworks, 
• Incorporate India’s international obligations,
• Address emerging environmental concerns, and
• Aid the consultative development of the ports sector in the national interest.

Therefore, the IP Bill 2022 has been prepared accordingly in order to-

• Ensure compliance with the country’s obligation under the maritime treaties and international instruments to which India is a party.
• Consolidate and amend the laws relating to ports, for the prevention and containment of pollution at ports.
• Take measures for conservation of ports.
• Empower and establish State Maritime Boards for effective administration, control and management of non-major ports in India.
• Provide for adjudicatory mechanisms for redressal of port related disputes and to establish a national council for fostering structured growth and development of the port sector.
• Ensure optimum utilization of the coastline of India, as may be necessary.
• Provide for matters ancillary and incidental thereto, or connected therewith.

Status of Indian Ports:

• In India, All ports are situated in the 9 coastal states of India namely  Maharashtra, Goa, Gujarat, West Bengal, Odisha, Kerala, Karnataka, Andhra Pradesh, and Tamil Nadu.
• The ports of Mumbai, Kandla, Mangalore, JNPT, Mormugao, and Cochin are located on the west coast.
• The ports in Chennai, Tuticorin, Visakhapatnam, Paradip, Kolkata, and Ennore are located on the east coast.
• The government owns a 68% share in Ennore, the final corporation, which is registered as a public business.
• Port Blair can be found in the Andaman and Nicobar Islands.
• India's largest natural port is at Mumbai.

Major and Minor Ports in India:

• India has 13 major ports and 205 notified minor and intermediate ports.
• Maharashtra has 53 ports followed by Gujarat with 40 while Tamil Nadu has 15 and Karnataka has 10 ports.

Legal Provisions:

Ports in India are classified as Major and Minor Ports according to the jurisdiction of the Central and State government as defined under the Indian Ports Act, 1908.

• Major Ports are under the Union list of the Indian Constitution and are administered under the Indian Ports Act 1908 and the Major Port Trust Act, 1963 and are owned and managed by the Central Government.
• All the Minor Ports are governed under the Indian Port Act, 1908 and are owned and managed by the State Governments.

Administration of Major Ports:

• Each major port is governed by a Board of Trustees appointed by the Government of India.
• The Trusts operate on the basis of policy directives and orders from the Government of India (GoI).

Note: Six new mega ports are to be developed under the Sagarmala Project.