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IP Policy on Shipping



[Here's the text of 'Shipping Policy' sent in by Mr. Suresh Anand. Thanks
very much Suresh, for your input - moderator]

SHIPPING

All commercial activities relating to Shipping such as ship-owning, ship
management, finance, insurance, ship-building etc., will be carried out
by private individuals or companies on a laissez-faire principle.=20
Considering however that shipping is one of the essential lifelines for
any nation, particularly one with a long coastline such as India,
Government will promote Indian shipping and related activities with a
view to helping India become a major ship owning nation, and major Indian
ports the premier maritime centres of the world.


To promote shipping industry and related activities in India, Government
of India will run a user friendly and competitive Register of Shipping.=20
Taxation on ships registered in India will be competitive with the major
successful quality shipping registers such as Norwegian International
Shipping Register and Singapore.  Only Indian residents or shipping
companies (Indian or foreign owned), managing ships from an Indian base,
will be permitted to register ships in India.


Government of India will not practice any special reservation of shipping
trade for Indian nationals or ships.  Indian ports will be open to ships
of all flags, except those declared belligerent by the Government of
India.  Ships flying the flag of all friendly nations will be free to
trade with India and along the Indian coast provided they maintain proper
safety and environmental protection standards in accordance with the
international maritime conventions, comply with applicable Indian
maritime laws and pay the applicable taxes and light and port dues.  All
Indian maritime laws will accord with the United Nations Convention on
the Laws of Seas and other applicable international maritime conventions.
 Government of India will strictly enforce the international safety and
environment protection standards on all international shipping operating
within its territorial waters in accordance with the applicable
international maritime conventions.  Laws relating to local shipping will
accord with the international maritime conventions but will be suitably
modified to cater to local needs.


No more favourable treatment will be accorded to ships flying the Indian
flag.  [Government of India nevertheless reserves the right to promote
Indian shipping by according a favourable taxation environment for ships
registered in India.  Government of India will also help in providing
financial guarantees to promote Indian shipping in accordance with a
clear criteria arrived at in consultation with the shipping industry.=20
This however will be done without contravening any international
covenants to which India may be a party.]


MANNING OF INDIAN SHIPS

Indian ships would normally be manned by Indian residents holding
qualifications approved by Government of India.  Exceptions however may
be made if an Indian officer or rating is not readily available when
needed.  In this case the foreign crew member must be properly qualified
to the satisfaction of the maritime authority of India.


MARITIME ADMINISTRATION

Government of India will maintain an effective maritime administration
with a view to exercising effective Flag State and Port State control
ensuring proper safety and environmental protection standards on board
Indian registered ships anywhere, and foreign ships when calling at
Indian ports, in accordance with the applicable international maritime
conventions.  Flag State control will be carried out by effective
monitoring of survey work which will be delegated to classification
societies of good reputation.  These, as a minimum, must be a member of
the International Association of Classification Societies.  Cost of Flag
State control will be recovered through tonnage dues.  Cost of port State
control will be partially recovered as explained under the heading "Free
Services".

MARITIME TRAINING

Government of India will promote maritime training of highest quality by
exercising effective monitoring role over maritime training institutions
which will be run privately.  Considering that Indian officers and
ratings are held in high esteem world-wide, and are a source of
considerable foreign exchange for the country, Government of India will
encourage maritime training in a major way.  Proper control and checks
will be maintained to ensure highest quality of training meeting the
international maritime training standards.  Bureaucracy in the approval
of training courses however will be kept to the minimum and requirements
in excess of international conventions will not be prescribed.  In view
of the large highly educated population, India has the potential to man a
great percentage of the world shipping.  Government of India will help to
arrange easily repayable soft loans for aspiring young people wishing to
take up the sea career but who are unable to afford the cost of
training.

COAST GUARD SERVICE

Government of India will maintain an
effective coast guard service along the Indian coast with a view to
providing :-


(i)	an effective search and rescue service (including medical aid and
advice) covering the area for which Government of India is responsible
under the applicable international maritime conventions;=20

(ii)	an effective pollution control service with maximum help from
private industry; and

(iii)	an effective anti-piracy and theft control service.


Following principles will govern the above mentioned services :-


(i)	All help to save life at sea will be rendered free of charge.

(ii)	All services rendered to save property or for pollution prevention
and control will be rendered on full cost recovery basis.  No charge
however will be made for anti-piracy or theft control related services.



VESSEL TRAFFIC MANAGEMENT, COMMUNICATION AND NAVIGATIONAL AIDS

Government of India undertakes to maintain excellent vessel traffic
management services, radio-communication services and navigational aids
along the Indian coast to the recognized international standards.  Cost
for such services will be recovered through the port and light dues which
will be levied on all international and coastal ships calling at Indian
ports.  Aim will be to provide the service at no profit no loss basis.=20
Where possible, user-pay principle will be observed.



PARTICIPATION IN INTERNATIONAL MARITIME FORUMS

India will participate actively in the conferences of International
Maritime Organization, International Labour Organization and other U.N.
bodies related to shipping.  Purpose of the participation will be to :-


(i)	promote maritime safety and environmental protection;=20

(ii)	promote welfare of seafarers;

(iii)	protect the interests of the Indian shipping industry; and

(iv)	promote India=92s image in the international forums.


Costs of participation by Government officials in the above mentioned
conferences must be met from the public purse.  Any participation by the
industry to protect its own interest must be privately funded.


Government of India will need to maintain a reasonable administration to
facilitate active and meaningful participation in the international
maritime conferences.  Costs for such administration must be met from the
public purse.


SHIPBUILDING, SHIP REPAIR AND SHIP-BREAKING

All shipbuilding, ship repair and ship scrapping activity in India will
be carried out exclusively by the private sector without any subsidy from
Government of India Government of India will exercise sufficient control
to ensure safe and environment friendly practices in the above
activities.  Cost of the required supervision will be recovered through
licensing fees.

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