Merchant Shipping Act 1958 vs 2025: Complete Comparison Guide for Indian Maritime Law
Legislative Comparison · India Maritime Law
Merchant Shipping Act
1958 vs 2025
A comprehensive comparison of key changes, new provisions, and retained frameworks across all major domains of Indian merchant shipping law.
Merchant Shipping Act, 1958 (Old)
Merchant Shipping Act, 2025 (New)
New Entirely new provision
Changed Significantly amended
Retained Carried forward
Removed Decriminalised or repealed
A
Structural Overview
1958 Act
Merchant Shipping Act, 1958
- 561 sections — sprawling, fragmented
- Multiple overlapping amendments over 67 years
- Also governed by Coasting Vessels Act, 1838
- Limited to sea-going mechanically propelled ships
- Excluded vessels under 15 tons on coastal trade
- Out of sync with IMO / MLC / MARPOL / SOLAS
- Heavy criminal sanctions for minor offences
2025 Act
Merchant Shipping Act, 2025
- 325 clauses across 16 Parts — streamlined
- Repeals both 1958 Act and Coasting Vessels Act, 1838
- Covers all vessels regardless of propulsion or tonnage
- Includes MODUs, submersibles, non-displacement craft
- Fully aligned with SOLAS, MARPOL, STCW, MLC 2006
- Decriminalises minor offences — civil penalties instead
- Electronic registration, digital certificates enabled
Key shift: The 2025 Act reduces 561 sections to 325 clauses — nearly half — while dramatically broadening coverage and aligning with global maritime conventions for the first time comprehensively.
1
Vessel Registration
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Mandatory registration | Only sea-going mechanically propelled Indian vessels; excluded vessels under 15 tons engaged in coastal trade | Changed All Indian-owned vessels regardless of tonnage, propulsion, or route — including those that never call at Indian ports |
| Vessel types covered | Ships and boats with mechanical propulsion | New Expanded to include Mobile Offshore Drilling Units (MODUs), submersibles, and non-displacement crafts |
| Foreign vessel registration | Not permitted | New Foreign vessels under bareboat charter-cum-demise contracts with Indian charterers may be registered as Indian vessels (Section 16) |
| Recycling registration | No provision | New Temporary registration for unregistered foreign vessels destined for recycling in India |
| Electronic registration | Physical/paper-based only | New Electronic registration, remote registration, digital certificates, and electronic payments enabled |
| Vessel transfer restrictions | Prior Central Government approval required during war or emergency | Changed Restriction now also applies when India's security is threatened by sanctions — expanded scope |
2
Vessel Ownership
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Eligible owners | Indian citizens, companies incorporated in India, and registered co-operative societies. Vessel had to be wholly owned. | Changed Indian citizens, NRIs, OCIs, Indian companies, statutory bodies, and any other entity notified by Central Government — partial ownership allowed |
| Co-operative societies | Eligible owners | Removed Omitted from the list of eligible owners |
| OCI-owned vessels | Not specifically addressed | New Vessels wholly owned by OCIs are exempt from mandatory registration under the Act |
| Foreign investment | No provision for FDI | New Co-ownership scenarios and joint ventures permitted; Central Government may notify FDI-eligible entities |
3
Maritime Administration
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Regulatory head | Director-General of Shipping (DGS) | Changed Renamed to Director-General of Maritime Administration (DGMA) with significantly expanded powers |
| DGMA powers | Administrative oversight only | Changed Can issue binding directions to shipowners, agents, and ports; take direct action against defaulting owners including vessel confiscation |
| Penalty adjudication | All cases went to court | Changed Principal Officer of MMD designated as first-instance adjudicator for civil penalties; serious offences still go to court |
| Security body | No dedicated security regulatory body | New Central Government may create a dedicated body to regulate security of vessels and port facilities under ISPS Code |
| Stateless vessels | No specific power | New Central Government empowered to detain stateless vessels in Indian waters |
| Port obligations | Not specifically mandated | New DGMA empowered to call for information and issue directions to ports for discharge of convention obligations |
4
Safety & Seaworthiness
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Unseaworthy vessel — offence | Criminal offence: sending an unseaworthy vessel to sea was punishable by imprisonment and/or fine | Decriminalised Now a civil penalty matter only under Jan Vishwas initiative; master's certificate may be suspended/cancelled |
| Seaworthiness obligation | Implied duty on owner and master | Changed Section 128: Express statutory obligation in every Seafarer Employment Agreement; duty continues throughout the voyage |
| Safety certificates | Basic certification framework | Changed Mandatory stability, load line, and seaworthiness certificates per SOLAS; risk-based Port State Control inspections introduced |
| Survey, Audit & Certification | Scattered, vague provisions across multiple sections | New Dedicated Part VIII: all Indian vessels, companies, and ports must undergo periodic surveys, audits, and certification to IMO standards |
| ISM Code compliance | Not expressly incorporated | New Safety and Security Management System (Section 129) aligned with ISM Code requirements |
| Fishing & small vessels | Minimal safety requirements; vessels under 15 tons excluded | New Safety, certification, crew agreements, and mandatory insurance extended to fishing vessels and small vessels under Part XIII |
5
Seafarer Welfare & Rights
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| MLC 2006 alignment | Partial, piecemeal; India had ratified MLC but domestic law lagged | New Full statutory alignment with MLC 2006 across Part V; welfare extended to Indian seafarers on foreign-flagged ships |
| Minimum age | Not expressly specified | New Minimum employment age set at 16 years (Section 59) |
| Employment agreement | Only Master could enter into agreement with crew | Changed Shipowner and recruitment/placement agencies may also be parties to Seafarer Employment Agreement |
| Wages | Basic provisions on wages | Changed Monthly wage payment mandatory; interest payable on delayed wages; wages protected even if vessel is lost |
| Social security | No provision | New Seafarers entitled to social security as prescribed by Central Government (Section 75) |
| Health & medical care | Basic standards; limited scope | Changed Full occupational health framework, medical fitness certifications mandatory, shipowner liable for healthcare at sea and ashore |
| Recruitment agencies | Not regulated | New DGMA empowered to regulate maritime recruitment agencies; operating unlicensed agencies is a new criminal offence |
| Seafarer definition | Narrow — mainly crew of Indian vessels | Changed Broad definition: any person employed on a sea-going vessel in any capacity (excluding military/non-commercial government vessels) |
6
Abandoned Vessels & Seafarers
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Abandoned vessel definition | Clubbed with "wreck" — no separate definition | New Separate, standalone definition covering vessels where owner is untraceable, insolvent, or has failed statutory obligations |
| Government powers | No specific powers over abandoned vessels | New Central Government may issue directions for safe/sustainable handling; costs of action constitute a statutory debt on the vessel |
| Abandoned seafarers | Inadequate provisions; no dedicated framework | New Dedicated provisions for relief and upkeep of abandoned seafarers; Government may send replacement crew to any vessel abandoned in Indian waters |
| Financial security | No mandatory insurance for seafarer abandonment | New Mandatory financial security (insurance) required to protect crew wages and repatriation if owner defaults |
7
Environmental Protection
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| MARPOL incorporation | Partial; pollution provisions scattered | New Full incorporation of MARPOL in Part VII; all vessels must hold pollution prevention certificates regardless of tonnage |
| Ballast water management | No provision | New Ballast Water Management Convention incorporated; treatment systems mandatory |
| Pollution discharge offence | Limited penalties | New Discharging harmful pollutants into the sea is a new offence attracting civil penalty; strict enforcement |
| Nairobi Wreck Removal | Not incorporated; wreck costs borne by government | New Nairobi Convention incorporated; shipowner liable for costs of locating, marking, and removing wrecks (except war/force majeure) |
| Waste reception facilities | Not mandated | New Ports required to provide adequate waste reception facilities; periodic environmental audits required |
8
Maritime Liability & Compensation
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Liability framework | Basic provisions; no coherent liability chapter | New Dedicated Part IX with fault-based liability system; covers collision, oil pollution (CLC), bunker pollution, limitation of liability (LLMC) |
| Mandatory vessel insurance | Not required for all vessels | New All vessels entering/departing Indian ports must hold mandatory insurance minimum equal to LLMC Convention limits per incident |
| Oil pollution (CLC) | Partial; no direct action against insurer | New CLC and Bunker Oil Convention fully incorporated; claimants may bring direct action against insurer (Part IX, Chapters III–IV) |
| Limitation of liability | Basic provisions | Changed Aligned with LLMC Convention limits; dedicated chapter on limitation fund constitution and distribution |
| Uninsured vessel detention | No provision | New Vessels departing without requisite insurance may be detained by prescribed authority |
9
Maritime Education & Training
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Dedicated training part | No separate chapter on education and training | New Dedicated Part IV on Maritime Education and Training; DGMA empowered to approve training institutes and courses |
| STCW alignment | Partial; primarily focused on officer certification | Changed Full STCW alignment; rigorous examination, certification, and endorsement standards for all seafarers |
| Foreign certificate recognition | Limited provisions | Changed Government empowered to recognize foreign certificates of competency under bilateral and multilateral arrangements |
| Service obligation | Not specified | New Certain certificate holders may be obligated to serve on Indian vessels as notified by Government |
10
Wreck, Salvage & Marine Casualties
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Receiver of wreck | Custodial role only — receive and store wreck | Changed Expanded to enforcer: facilitates sale/disposal, enforces owner/insurer obligations, ensures expeditious wreck removal |
| Wreck removal costs | Government bore costs; no recovery mechanism | New Shipowner liable for all wreck removal costs; constitutes statutory debt chargeable on vessel/cargo proceeds |
| Marine casualty investigation | Basic inquiry provisions | New Dedicated Part X: nodal authority appointed for emergency response; dedicated Chapter XI for marine casualty investigation |
| Salvage Convention | Not incorporated | New International Salvage Convention incorporated in Part XII; salvage contracts, duties, rights, and disputes comprehensively addressed |
| Emergency preparedness | No standalone emergency response framework | New Plans and procedures for response mechanisms mandated; primary response party framework established |
11
Penalties & Enforcement
| Aspect | MS Act 1958 | MS Act 2025 |
|---|---|---|
| Sending unseaworthy ship to sea | Criminal: imprisonment + fine | Decriminalised Civil penalty only; certificate suspension/cancellation |
| Non-compliance with DG directions | Criminal offence | Decriminalised Civil penalty under Jan Vishwas initiative |
| Retained criminal offences | Concealment of nationality; seafarer misconduct; sailing without certified personnel | Retained Above offences retained with increased fines; imprisonment range 1 month to 2 years |
| New criminal offences | Not applicable | New (i) Operating unlicensed seafarer recruitment agencies — imprisonment + fine; (ii) Discharging harmful pollutants into sea — civil penalty |
| Vessel confiscation | Not a direct power of DGS | New DGMA may take direct action against defaulting shipowners including confiscation of vessels |
| Company liability | Basic provisions | Changed Companies explicitly held accountable for offences; strengthened corporate accountability framework |
Note on enforcement status (April 2026): While the Merchant Shipping Act, 2025 received Presidential assent on 18 August 2025, its entry into force requires a separate notification by the Central Government. Until that notification is issued, the 1958 Act technically remains operative. Practitioners should monitor the Official Gazette for the appointed date of commencement.