The Recycling of Ships Act, 2019

(1) This Act may be called the Recycling of ShipsAct, 2019. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act and anyreference in any such provision to the commencement of this Act shall be construed as a reference to thecoming into force of that provision. (3) Unless otherwise expressly provided, the provisions of this Act shall apply to-- (a) any existing ship which is registered in India wherever it may be; (b) any new ship which is required to be registered in India, wherever it may be; (c) ships, other than those referred to in clauses (a) and (b), that enter a port, shipyard or off-shoreterminal or a place in India or within the Exclusive Economic Zone or territorial waters of India orany marine areas adjacent thereto over which India has, or may have, exclusive jurisdiction with respect to control of pollution under the provisions of the Territorial Waters, Continental Shelf,Exclusive Economic Zone and Other Maritime Zones Act, 1976, or any other law for the time beingin force; (d) any warship, naval auxiliary or other ship owned or operated by an Administration and usedon Government non-commercial service, and which is destined for recycling in a ship recyclingfacility operating in or within the territorial jurisdiction of India; and (e) ship recycling facilities operating in India or within any area falling under the exclusiveterritorial jurisdiction of India.

(1) In this Act, unless the context otherwise requires,-- (a) "Administration" means the Government of the country whose flag the ship is entitled to fly,or under whose authority it is operating; (b) "certificate of authorisation of ship recycling facility" means the certificate referred to insub-section (6) of section 12; (c) "certificate on inventory of hazardous materials" means the certificate referred to in section 8; (d) "Competent Authority" means such Authority designated by the Central Government undersection 4; (e) "hazardous material" means any material or substance, which is liable to cause harm to humanbeings, other living creatures, plants, micro-organisms, property or the environment; (f) "National Authority" means such Authority designated by the Central Government undersection 3; (g) "notification" means a notification published in the Official Gazette and the expressions"notify" or "notified" shall be construed accordingly; (h) "prescribed" means prescribed by rules made under this Act; (i) "ready for recycling certificate" means the certificate referred to in section 16; (j) "regulations" means the regulations made by the National Authority under this Act; (k) "ship" means a vessel and floating structure of any type whatsoever operating or havingoperated in the marine environment and includes submersibles, floating craft, floating platforms, selfelevating platforms, the floating storage units, and the like; (l) "ship owner" means-- (i) a person or an association of persons or body of individuals or a company registered as theowner of the ship; (ii) any organisation or a person such as the Manager or the Bareboat Charterer, who hasassumed the responsibility for operation of the ship from the owner of the ship; (iii) a company, which is registered as operator and is operating a ship owned by theGovernment; or (iv) a person or an association of persons or company owning the ship for a limited periodpending its sale or handing over to a ship recycling facility; (m) "Ship Recycler" means the owner of the ship recycling facility or any other organisation orperson who has assumed the responsibility for operation of the ship recycling facility and who hasagreed to take over all duties and responsibilities imposed by or under this Act; (n) "ship recycling" means the activity of dismantling of a ship at a ship recycling facility in orderto recover components and materials for reprocessing and reuse, while taking care of hazardous andother materials and includes associated operations such as storage, treatment of components andmaterials on site, but not their further processing or disposal in separate facilities; (o) "ship recycling facility" means a defined area that is a site, yard or facility used for therecycling of ships and meets such requirements as may be specified by the regulations; (p) "ship recycling plan" means a plan specific to a ship developed by the ship recycling facilityto recycle such a ship in safe and environmentally sound manner; (q) "statement of acceptance" means a statement of acceptance referred to in sub-section (4) ofsection 20; (r) "statement of completion" means a statement of completion referred to in section 23; (s) "Surveyor" means a Surveyor as defined under clause (48) of section 3 of the MerchantShipping Act, 1958 or any other person or body of persons as may be notified by the CentralGovernment; (t) "worker" means a person employed, directly or by or through any agency (including acontractor) with or without the knowledge of the principal employer, whether for remuneration or not,in any ship recycling, or in cleaning any part of the machinery or premises used for ship recycling, orin any other kind of work incidental to, or connected with, the ship recycling, or the subject of theship recycling but does not include any member of the armed forces of the Union. (2) The words and expressions used and not defined in this Act but defined in the-- (i) Explosives Act, 1884 (4 of 1884); (ii) Inland Vessels Act, 1917 (1 of 1917; (iii) Petroleum Act, 1934 (30 of 1934); (iv) Factories Act, 1948 (63 of 1948); (v) Merchant Shipping Act, 1958 (44 of 1958); (vi) Atomic Energy Act, 1962 (33 of 1962); (vii) Wildlife (Protection) Act, 1972 (53 of 1972); (viii) Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (ix) Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime ZonesAct, 1976 (80 of 1976); (x) Forest (Conservation) Act, 1980 (69 of 1980); (xi) Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (xii) Environment (Protection) Act, 1986 (29 of 1986), shall have the same meanings respectively assigned to them in those Acts.

The Central Government shall, by notification, designate anofficer not below the rank of Joint Secretary to the Government of India as the National Authority, whichshall administer, supervise and monitor all activities relating to ship recycling under this Act.

The Central Government shall, by notification, designatean Authority to be called the Competent Authority, for performance of such duties within thegeographical area or areas of expertise as may be prescribed.

Nothing contained in this Chapter shall applyto– (a) any warship, naval auxiliary, or other ships owned or operated by the Government and usedfor Government non-commercial purpose; (b) ships of less than five hundred gross tonnage: Provided that the Central Government may notify appropriate measures, not impairing operationsor operational capabilities of such ships to ensure, as far as practicable, that such ships act in amanner consistent with the provisions of this Act.