The Hindu Editorial Analysis- 14th September, 2022 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

An Improved Bill, but still Contentious  

Why in News

• Recently, the government has prepared the draft Indian Ports Bill 2022 to consolidate and amend the laws relating to ports.
• The Ministry of Ports, Shipping and Waterways has issued the Bill for Stakeholder Consultation.

Major Provisions of the Bill 

• Repealing Indian Ports Act, 1908
  • The draft bill seeks to repeal and replace the existing Indian Ports Act, 1908.
  • The Indian Ports Act, 1908 is more than 110 years old.
• State Maritime Boards
  • It will empower and establish State Maritime Boards for effective administration and incorporate them in the national framework. 
• Compliance with maritime treaties
  • The bill will look for the prevention and containment of pollution at ports and to ensure compliance with the country’s obligation under the maritime treaties and international instruments to which India is a party. 
• Non-major ports
  • The bill will make a provision for control and management of non-major ports in India. 
• Adjudicatory mechanisms for redressal 
  • It will 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. 
• Penalties
  • Existing penalties in the Act which are outdated have been updated with respect to amounts and offences relevant to present day scenarios.

Significance/ Importance of the Bill

• Streamline the development
  • The proposed bill will homogenize and streamline the development of the maritime sector, along with, promoting ease of doing business by eliminating unnecessary delays, disagreements and defining responsibilities. 
• Cooperative federalism
  • 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. 
• Building Confidence 
  • Bill will help in instilling confidence among more players thereby increasing their participation and promoting healthy competition in the maritime sector. 
• Other benefits
  • It will lead to increased economic activity, wider markets, and a significant increase in associated employment possibilities, resulting in achieving the vision of Atmanirbhar Bharat.

How is the Indian Port Ecosystem?

• About:
  • Ports sector in India is driven by high growth in external trade.
  • The Union Government has allowed Foreign Direct Investment (FDI) of up to 100% under the automatic route for port and harbour construction and maintenance projects.
• Legal Provisions:
  • 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.
• Number of Major Ports:
  • There are 12 major ports and 200 non-major ports (minor ports) in the country.
  • Major ports include Deendayal (erstwhile Kandla), Mumbai, JNPT, Marmugao, New Mangalore, Cochin, Chennai, Kamarajar (earlier Ennore), V O Chidambaranar, Visakhapatnam, Paradip and Kolkata (including Haldia).
• Major Ports vs Minor Ports:
  • 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.
    (i) All the 12 Major Ports are governed under the Major Port Trusts act, 1963 and are owned and managed by the Central Government.
    (ii) 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.

Greening of Ports

• The government of India is committed to reducing the emissions from the shipping sector and promoting the development of net zero and low-emission solutions.
• By 2030, all the Major Ports are to be made fully self-sustainable on electricity.
• All the energy requirements of the port are to be met through renewable sources.
• The initiative also includes Green Warehousing utilizing green/ natural solutions such as natural light or energy efficiency lighting, automated and compact storage systems, rooftop solar, using HVLS fans, and rainwater harvesting.

Way Forward

• Sagarmala project
  • Under the aegis of the Sagarmala project of the Ministry of Ports, Shipping and Waterways, several initiatives on port-led development have been identified and launched. 
• Scientific and consultative planning 
  • The ongoing developments and committed investments (public and private) in ports needs to be aided by scientific and consultative planning, with a keen focus on ever increasing safety, security and environmental issues.