Merchant Shipping Marine Incident and Emergency Response rules 2026 under Merchant Shipping Act 2025

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-14052026-272543 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 320] NEW DELHI, TUESDAY, MAY 12, 2026/VAISAKHA 22, 1948 3359 GI/2026 MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFICATION New Delhi, the 12th May, 2026. G.S.R. 354(E). — In exercise of the powers conferred by section 230 read with sub-section (4) of section 228 of the Merchant Shipping Act, 2025 (24 of 2025), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement. — (1) These rules may be called the Merchant Shipping (Marine Incident and Emergency Response) Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. — (1) In these rules, unless the context otherwise requires, — (a) "Act" means the Merchant Shipping Act, 2025, (24 of 2025); (b) "Directorate General of Shipping Communication Centre" means the Indian operational hub for maritime safety, security, and emergency response, functioning under the Directorate General of Maritime Administration as a single point for casualty and emergency reporting; (c) "marine casualty" means an event, or a sequence of events, that has resulted in any of the following which has occurred directly in connection with the operations of a ship, — (i) the death of, or serious injury to, a person; (ii) the loss of a person from a ship; (iii) the loss, presumed loss or abandonment of a ship; (iv) material damage to a ship; (v) the stranding or disabling of a ship, or the involvement of a ship in a collision; (vi) material damage to marine infrastructure external to a ship, that could seriously endanger the safety of the ship, another ship or an individual; or (vii) severe damage to the environment, or the potential for severe damage to the environment, brought about by the damage of a ship or ships; (d) "Maritime Rescue Coordination Centre" means a specialised unit of the Indian Coast Guard, responsible for organizing and coordinating maritime search and rescue services, acting as the central hub to manage distress alerts, deploy resources (ships, aircraft), and direct rescue operations for people or vessels in peril at sea within a designated search and rescue region ; (e) "Maritime Rescue Sub-Centre" means a regional operational unit of the Indian Coast Guard, subordinate to a main Maritime Rescue Coordination Centre, that manages and coordinates smaller-scale search and rescue activities within its designated area; (f) "nodal authority" means an authority appointed by the Central Government under section 225 of the Act; (g) "requisition” means any lawful order by the nodal authority requiring use of personnel, equipment, vessels or facilities for emergency response. (2) Words and expressions used in these rules and not defined but defined in the Act shall have meanings respectively assigned to them in the Act. 3. Duties and powers of the nodal authority.- (1) The nodal authority shall coordinate and supervise the response to marine incidents to ensure minimum damage to vessels, persons, property, cargo, and the marine environment. (2) The nodal authority shall take all necessary and expedient measures, including issuing directives, mobilising resources, and coordinating inter-agency cooperation to mitigate and manage marine incidents and emergencies effectively. (3) The nodal authority may, subject to the provisions of the Act and these rules, issue safety directions or directives to any person, master, crew, ship owner, ship managers, ship operators, port authority, flag state authority, salvors, insurers or any other entity involved in or affected by the marine incident for any of the following purposes, namely:- (a) to secure the safety of the ship or other ships; (b) to secure the safety of persons; (c) to secure the safety of property; (d) to require removal or containment of marine hazards including hazardous and noxious substances spilled at sea and on being washed ashore on coastline; (e) to mandate emergency response measures including salvage, firefighting, pollution control, and decontamination; (f) to require periodic reporting and documentation related to the incident and response actions; (g) to coordinate and cooperate with national and substantially interested international agencies and authorities involved in marine incident management, including but not limited to the Indian Navy, Coastal State Authorities, Flag State Authorities, Port State Authorities, Indian Coast Guard, and any other relevant bodies; and (h) to perform any other acts as may be necessary to mitigate the adverse effects of a marine incident. (4) If a directive issued by the nodal authority is not likely to or has not achieved a sufficient result, the nodal authority may take or authorise such action as deemed necessary, including, — (a) entering any land or premises, or authorising persons to do so; (b) assuming control of any ship or property relevant to the incident; (c) implementing or arranging for emergency response services, including pollution prevention, removal of hazards, and salvage operations; (d) coordinating with and supervising all activities related to emergency response and remediation. (5) The nodal authority shall oversee compliance by all parties with the directions issued. In circumstances where there may be any contravention to the directions, the Principal Officer, appointed under sub-section (2) of section 11 of the Act, may enforce penalties as specified under sub-section (2) of section 281 of the Act. (6) The Director-General shall ensure overall co-ordination among all the entities involved in response to marine incidents for prompt and effective response to the incidents by the nodal authority. The Director-General shall facilitate communication with the ship owners, flag state authorities, port state authorities and coastal state authorities for mobilising the resources of the primary response party for responding to the marine incidents. 4. Circumstances under which the nodal authority shall carry out maritime emergency response. – (1) The nodal authority shall initiate and execute immediate response action, where there are reasonable grounds, including any delay or inability on the part of the primary response party, to mobilise resources in time or undertake timely emergency response. (2) Upon arrival and operational readiness of the primary response party, the nodal authority may, as deemed appropriate, transfer or relinquish control of the response measures to the primary response party. 5. Recovery of costs. – (1) Any person or entity complying with directives issued by the nodal authority, under sub-rule (4) of rule 3, shall be entitled to recover the costs reasonably incurred in such compliance from the ship owner. (2) Where coastal land or premises are used or affected in the course of actions authorised or directed by the nodal authority under sub-rule (4) of rule 3, the owner of such land or premises shall be entitled to recover the costs reasonably incurred, from the ship owner. (3) Any costs incurred by the Central Government, State Government or nodal authority in executing maritime emergency response under rule 4, shall be recoverable from the ship owner, at such charges or rates as may be specified by the concerned government from time to time. 6. Record keeping and audit. – (1) All ports and offshore facilities shall maintain incident logs, inspection records, and training documentation, in physical or electronic form, for a minimum period of five years. (2) The nodal authority may conduct audits of such ports and offshore facilities, annually, or may conduct a surprise inspection to verify preparedness and compliance. [F. No. SY-19014/204/2025- MG] MUKESH MANGAL, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.