'Reconsider proposed relief from Act of God to shipowners'

The proposed bill to exempt shipowners in case of pollution damages due to 'Act of God' should be reconsidered as it may result in shirking of the responsibility, a parliamentary panel today recommended.
Exempting owners under such circumstances may also leave ample scope for litigation, the Parliamentary Standing Committee on Transport Tourism and Culture, headed by Kanwar Deep Singh said in its report on "Merchant Shipping (Amendment), Bill, 2015 tabled in Parliament today.
"The exemption given to the owner if the pollution damage is due to an 'Act of God'... Is likely to leave ample scope for litigation and the owner of a ship can run away from his responsibilities of giving compensation to the pollution damage caused by the ship owned by him," the committee observed.

It said the aspect should be reconsidered to ensure that the shipowners did not shirk from their responsibilities.
"The Committee... Recommends to reconsider this aspect to ensure that the law does not leave any scope for shipowners to get away from their responsibility of paying compensation," it said.
The bill to amend the Merchant Shipping Act seeking to bring the law in line with global convention to protect environment was introduced in Lok Sabha on August 10 and was recommended to the committee on August 26 for examination.

The amendments also seek to protect human health from ballast water and sediments used in ships.

If the amendments are approved, all new ships will have to carry a ballast water record book and follow ballast water management procedures to a given standard.
Existing ships will be required to do the same, but after a phase-in period. The ships are required to be surveyed and certified and may also be inspected by Port State Control officers who can verify that the vessel has a valid certificate.
The need for the amendment was felt as ballast water poses serious ecological, economic and health problems due to the multitude of marine species being carried in the process, including harmful aquatic organisms and pathogens.

Ships fill their ballast tanks with water to stabilise the vessels at sea to maintain safe operating conditions. Ballast water reduces stress on the hull, provides transverse stability, improves manoeuvrability and compensates for weight.
The bill also provides for penalty on violation or non-compliance of the provisions.
The Cabinet had cleared the amendments to the Merchant Shipping Act, 1958, in April.