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Core Purpose

The National Authority, with the previous approval of the Central Government, hereby makes the Recycling of Ships Regulations, 2026, in exercise of powers conferred by section 43 of the Recycling of Ships Act, 2019 (49 of 2019).

Detailed Summary

The Ministry of Ports, Shipping and Waterways (National Authority) issued G.S.R. 19(E) on January 2nd, 2026, establishing the Recycling of Ships Regulations, 2026, which will come into force upon publication in the Official Gazette. These regulations, made under section 43 of the Recycling of Ships Act, 2019 (49 of 2019) with the Central Government's approval, apply to all ship recycling facilities operating in India or its exclusive territorial jurisdiction, existing and new ships registered in India, and other ships entering Indian ports, Exclusive Economic Zone, or territorial waters, particularly concerning pollution control under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976). They also extend to warships, naval auxiliaries, or government-operated non-commercial ships destined for recycling in India. The regulations define various terms, including referencing the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, and bodies such as the Atomic Energy Regulatory Board (constituted vide S.O. 4772, dated 15th November, 1983), the Central Pollution Control Board (under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974)), and the National Institute of Occupational Health under the Ministry of Health and Family Welfare. Ship recycling facilities are mandated to be designed, constructed, and operated safely and environmentally soundly, requiring a certificate of authorization (Form 3) as per rule 11 of the Recycling of Ships Rules, 2021. Facilities must also establish management systems to prevent health risks and minimize environmental impact, and prepare a ship recycling facility management plan for Competent Authority approval, adhering to IMO MEPC Guidelines, which includes policies for worker safety, environmental protection, training, emergency preparedness, and reporting.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY CG-DL-E-14012026-269345 No. 19] NEW DELHI, MONDAY, JANUARY 12, 2026/PAUSHA 22, 1947 MINISTRY OF PORTS, SHIPPING AND WATERWAYS (NATIONAL AUTHORITY) NOTIFICATION New Delhi, the 2nd January, 2026 G.S.R. 19(E).— In exercise of the powers conferred by section 43 of the Recycling of Ships Act, 2019 (49 of 2019), with the previous approval of the Central Government, the National Authority hereby makes the following regulations, namely: — 1. Short title and commencement.– (1) These regulations may be called the Recycling of Ships Regulations, 2026. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application. –– Unless otherwise expressly provided, the provisions of these regulations shall apply to— (a) all ship recycling facilities operating in India or within any area falling under the exclusive territorial jurisdiction of India; (b) any existing ship which is registered in India wherever it maybe; (c) any new ship which is required to be registered in India, wherever it may be; (d) ships, other than those referred to in clauses (ii) and (iii), that enter a port, shipyard or off-shore terminal or a place in India or within the Exclusive Economic Zone or territorial waters of India or any 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 (80 of 1976), or any other law for the time being in force; any warship, naval auxiliary or other ship owned or operated by an Administration and used on Government non-commercial service, and which is destined for recycling in a ship recycling facility operating in or within the territorial jurisdiction of India. 3. Definitions. — (1) In these regulations, unless the context otherwise requires, — (a) “Act” means the Recycling of Ships Act, 2019 (49 of2019); (b) “Atomic Energy Regulatory Board” means the Atomic Energy Regulatory Board constituted by the Government of India in the Department of Atomic Energy vide notification numberS.O. 4772, dated the 15th day of November, 1983; (c) “Central Pollution Control Board” means the Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (d) “certificate of authorization” means the certificate of authorization issued in accordance with sub-section (6) of section 12 of the Act; (e) “competent person” means the competent person as defined under the Factories Act, 1948 (63 of 1948); (f) “Convention” means the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, signed at Hong Kong on the 15th day of May, 2009; (g) “Directorate of Industrial Safety and Health” means the Directorate of Industrial Safety and Health looks after the enforcement of laws governing under the provisions of the Factories Act,1948 (63 of 1948); (h) “form” means the forms appended to these regulations; (i) “gross tonnage” means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969 or any successor Convention as ratified or acceded to or adopted by the Government of India; (j) “IMO MEPC Guidelines” means the guidelines adopted by a resolution of the Marine Environment Protection Committee of the International Maritime Organization/IMO; (k) “International Maritime Organization” means an Organization of the United Nations with responsibility for the safety and security ofshipping and the prevention of marine and atmospheric pollution by ships; (l) “Inventory of Hazardous Materials” means the inventory of hazardous materials developed by the guidelines, provided by the Marine Environment Protection Committee of the International Maritime Organization; (m) "lifting appliance" means all stationary or mobile cargo handling appliances including their permanent attachments, such as cranes, derricks shore-based power operated ramps used on shore or on-board ship for suspending, raising or lowering, cargo or moving them from one position to another while suspended or supported, in connection with the recycling work and includes lifting; (n) “Light Ship Displacement Tonnage (LDT)” meansthe measure of actual weight of the ship with no fuel, passengers, cargo, water on board; (o) "loose gear" means hook, shackle, swivel, chain, wire rope, sling, lifting beam, container spreader, tray and any other such gear, by means of which the load can be attached to a lifting appliance and includes lifting device; (p) “National Institute of Occupational Health” meansthe Institute under the aegis of the Indian Council of Medical Research/ICMR under the Department of Health Research, Ministry of Health and Family Welfare; (q) “non-Convention ship” means a ship described under paragraphs 2 and 3 of Article 3 of the Convention; (r) “non-party” means a country which is not a party to the Convention; (s) “Port Authority" means a person appointed and authorized by the State Maritime Board or any officer appointed and authorized by the Board of a Major Port Authority under the Major Port Authorities Act, 2021 (1 of 2021) to act as Port Authority; (t) “Radiological Safety Officer” means any person who is so designated by the State Maritime Board or the State Government and approved by the Atomic Energy Regulatory Board as per the Atomic Energy (Radiation Protection) Rules,2004; (u) “recognized authority” means such person or organization specified by the National Authority or Competent Authority in accordance with sub- section (2) of section 40 of the Act; (v) “rules” means the Recycling of Ships Rules, 2021; (w) “Safe-for-entry” means a space that meets the following criteria, namely: –– (i) the oxygen content of the atmosphere is within the range of 20.6% to 22% by volume and the concentration of flammable vapours is not more than 1% of their lower flammable limit (LFL), measured using a suitably sensitive combustible gas indicator; and (ii) the concentration of any toxic vapours and gases is not more than 50% of their occupational exposure limit (OEL); and (iii) any residues or materials associated with the work authorized by the competent person will not produce uncontrolled release of toxic materials or an unsafe concentration of flammable vapours under existing atmospheric conditions; (x) “Safe-for-hot work” means a space that meets the followingcriteria, namely: –– (i) a safe, non-explosive condition, including gas-free status, exists for the use of electric arc or gas welding equipment, cutting or burning equipment or other forms of naked flame, as well as heating, grinding, or spark generating operations; (ii) requirements of Safe-for-entry; (iii) existing atmospheric conditions will not change as a result of the hot work; and (iv) all adjacent spaces have been cleaned, or inserted, or treated sufficiently to prevent the start or spread of fire; (y) “Safety Officer” means the Officer appointed under section 40B of the Factories Act 1948(63 of 1948); (z) "safe working load " in relation to an article of loose gear or lifting appliance means the load which is the maximum load that may be imposed with safety in the normal working conditions and as assessed and certified by the competent person; (aa) schedule” means the schedules appended to these regulations; (bb) “site inspection” means an inspection of the ship recycling facility confirming the condition described by the verified documentation; (cc) “State Maritime Board” means the State Maritime Board constituted by the State Government under the Indian Ports Act, 2025 (27 of 2025); (dd) “special concern ships” means a war ship, nuclear powered ships and naval vessels, large passenger ships of more than 20,000 LDT, tankers and other classes of ships as specified in Third Schedule; (ee) “State Pollution Control Board” means the Board constituted under sub-section (1) of section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (ff) “supervisor” means safety supervisor appointed to supervise safety provisions in hazardous processes as per clause (b) of section 41C of the Factories Act, 1948(63 of 1948); (2) The words and expressions used in these regulations and defined in the Act and rules shall have the same meaning as assigned to them in the Act and the rules. 4. Requirements for ship recycling facilities. –– (1) The ship recycling facility shall be designed, constructed, and operated in a safe and environmentally sound manner in accordance with the provisions of these regulations as specified in the First Schedule. (2) The ship recycling facility shall have certificate of authorization issued in Form 3 which has been obtained in accordance with rule 11 of the Recycling of Ships Rules, 2021 as the Certificate of Authorization or the Document of Authorization for Ship Recycling/DASR. (3) The ship recycling facility shall have established management systems, procedures and techniques that do not pose health risks to the workers or to the population in the vicinity of the ship recycling facility and which shall prevent, reduce, minimize and to the extent practicable eliminate adverse effects on the environment caused by recycling. 5. Ship recycling facility management plan. –– (1) Every ship recycling facility to which these regulations apply shall prepare a ship recycling facility management plan for the approval of Competent Authority in accordance with the applicable IMO MEPC Guidelines containing the following, namely: – (a) a policy ensuring safety of the workers and the protection of human health and the environment, including the establishment of objectives that lead to the minimization and elimination to the extent practicable of the adverse effects on human health and the environment caused by ship recycling in compliance with the specific requirements laid down under the First Schedule; (b) a system for ensuring implementation of the requirements set out in the Act, the achievement of the goals set out in the policy of the recycling facility company, and the continuous improvement of the procedures and standards used in the ship recycling operations; (c) identification of roles and responsibilities for employers and workers when conducting ship recycling operations; (d) a programme for providing appropriate information and training of workers for the safe and environmentally sound operation of the ship recycling facility; (e) emergency preparedness and response plan; (f) a system for monitoring the performance of shiprecycling; (g) a record-keeping system showing how the ship recycling is carried out; (h) a system for reporting discharges, emissions, incidents and accidents causing damage, or with the potential of causing damage, to workers’ safety, human health and the environment; and (i) a system for reporting

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