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Core Purpose

The Central Government, through the Ministry of Ports, Shipping and Waterways, has made new rules titled the Merchant Shipping (Civil Liability for Bunker Oil Pollution Damage) Rules, 2026, to establish civil liability for bunker oil pollution damage.

Detailed Summary

The Ministry of Ports, Shipping and Waterways, exercising powers under sub-sections (1) and (2) of section 210 read with section (2) of 205, sub-section (1) of section 206 and sub-section (2) of section 209 of the Merchant Shipping Act, 2025 (24 of 2025), published G.S.R. 610(E) on July 10, 2026, to introduce the Merchant Shipping (Civil Liability for Bunker Oil Pollution Damage) Rules, 2026. These rules apply to every Indian ship, wherever located, and every non-Indian ship while in Indian ports, places, or coastal waters, but exclude warships, naval auxiliaries, or government-owned/operated ships used for non-commercial purposes. The rules define 'Act' as the Merchant Shipping Act, 2025, and 'bunker convention' as the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended. Ship owners and insurers are entitled to limit liability in accordance with the Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2026, with specific provisions for insurers if the owner cannot limit liability under section 200 of the Act. Owners of Indian ships (regardless of size) and owners/agents of non-Indian ships with a gross tonnage exceeding one thousand tons must maintain compulsory insurance or financial security for pollution damage, subject to limits specified in rule 4 of the Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2026. Applications for issue or renewal of a certificate of insurance or financial security are made in Form A to the Principal Officer of the concerned Mercantile Marine Department for Indian ships, or to the Director-General for non-Indian ships registered in non-bunker convention countries, accompanied by documentary evidence and a fee of ten thousand rupees as per rule 11(1) and (2). Upon satisfaction, the Principal Officer issues a certificate in Form B, detailing security sources, forms, and duration. A duplicate certificate can be applied for in Form C with a fee of two thousand rupees (rule 11(3)) if the original is lost, destroyed, stolen, mutilated, defaced, or rendered illegible, requiring a written report and, for lost/stolen certificates, a police complaint. Judgments recognized under section 209(1) of the Act are enforceable in India according to the Code of Civil Procedure, 1908, and the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. The Central Government may revise the specified fees.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-15072026-274517 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 552] NEW DELHI, FRIDAY, JULY 10, 2026/ASHADHA 19, 1948 5204 GI/2026 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFICATION New Delhi, the 10th July, 2026 G.S.R. 610(E).— In exercise of the powers conferred by sub-section (1) and (2) of section 210 read with section (2) of 205, sub-section (1) of section 206 and sub-section (2) of section 209 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 (Civil Liability for Bunker Oil Pollution Damage) Rules, 2026. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Application. — These rules shall apply to, — (a) every Indian ship, wherever it may be; and (b) every ship, other than an Indian ship, while it is at any port or place in India, including the coastal waters, it shall not apply to warships, naval auxiliary or other ships owned or operated by the Government of any State and used for the time being, only for non-commercial purposes. 3. Definitions. — (1) In these rules, unless the context otherwise requires, — (a) “Act” means the Merchant Shipping Act, 2025 (24 of 2025); (b) “bunker convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended; (c) “Form” means a Form appended to these rules; and (d) “tonnage” means the gross tonnage, calculated in accordance with the applicable rules made under the Act. (2) The words and expressions used in these rules but not defined, but defined in the Act shall have the meanings respectively assigned to them in the Act. 4. Limitation of liability of the ship owner. — (1) The ship owner and the person providing insurance or other financial security shall be entitled to limit his liability under these rules in respect of any one or more incidents in accordance with the Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2026. (2) Where the ship owner is not entitled to limit his liability in accordance with the provisions of section 200 of the Act, the insurer or other person providing financial security may avail himself of such limits of liability as specified in rule 4 of the Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2026. 5. Maintenance of compulsory insurance or other financial security. — The owner of an Indian ship, irrespective of its size and the owner or agent of a ship other than an Indian ship having gross tonnage of more than one thousand tons, shall, for the purpose of his liability for pollution damage under these rules, maintain compulsory insurance coverage or such other financial security, subject to such limits as specified in rule 4 of the Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2026. 6. Application for issue or renewal of a certificate of insurance or other financial security. — (1) The owner of an Indian ship, who has maintained insurance or other financial security in respect of such ship under rule 5, shall make an application in Form – A to the principal officer of the concerned Mercantile Marine Department where such ship is registered, for issue or renewal of certificate of insurance or other financial security. (2) The owner or agent of any ship, other than an Indian ship, registered in a country which is not a party to the bunker convention, and who has maintained insurance or other financial security in respect of such ship, shall make an application in Form – A to the Director-General for issue or renewal of a certificate of insurance or other financial security, which shall be examined by the Director-General prior to being forwarded to the principal officer of the concerned Mercantile Marine Department for issuance. (3) Every application under sub-rules (1) and (2) shall contain such particulars as may be specified in Form – A and be accompanied by documentary evidence regarding maintenance of such insurance or other financial security and a receipt confirming payment of the applicable fee as specified in rule 11. 7. Issuance of certificate of insurance or other financial security. — (1) After receipt of an application under sub- rules (1) and (2) of rule 6, the principal officer of the concerned Mercantile Marine Department shall, on being satisfied about the maintenance of insurance or other financial security in respect of the ship concerned, issue a certificate of insurance or other financial security as specified in Form – B. [PART II—SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 9 (2) Where the Principal Officer issues a certificate of insurance or other financial security, the following particulars, where applicable, shall be included in such certificate, namely:— (a) where the total amount of financial security is furnished by more than one source, the amount provided by each shall be separately indicated; (b) where the financial security is furnished in several forms, such forms shall be enumerated in the certificate; and (c) the duration of the financial security which shall specify the period for which such insurance or other financial security is valid. 8. Duplicate certificate. — (1) Where the certificate issued under rule 7 is lost, destroyed, stolen, mutilated, defaced or rendered illegible, the owner or the agent, as the case may be, may apply in Form – C to the principal officer of the concerned Mercantile Marine Department, where the original certificate was issued, for issuance of a duplicate certificate on payment of the fee as specified in rule 11. (2) Where a lost certificate, as specified in sub-rule (1), is subsequently traced or found by the owner or his agent, it shall be returned to the principal officer of the Mercantile Marine Department where such certificate was issued. (3) The provisions of this rule shall not apply to certificates issued in electronic form. 9. Procedure for issuance of a duplicate certificate. — (1) Where a certificate issued under these rules is lost, destroyed, stolen, mutilated, defaced or rendered illegible, the owner or the agent, as the case may be, shall without delay, report the same in writing to the principal officer of the concerned Mercantile Marine Department. (2) In the event of the certificate being lost or destroyed or stolen, the owner or the agent shall lodge a complaint or lost report with the nearest police station and shall submit a copy thereof to the principal officer of the concerned Mercantile Marine Department. (3) Any report furnished under sub-rule (1) or (2), as the case may be, shall clearly state, inter alia, the name and particulars of the ship, the type, name and number of the lost certificate and the circumstances, the date and place of such loss. (4) In the event of the certificate being defaced, mutilated, or rendered illegible, the original certificate shall be surrendered to the principal officer of the concerned Mercantile Marine Department. (5) After compliance with sub-rules (1), (2), and (3), the owner or agent of the concerned ship may apply for issuance of a duplicate certificate, along with the fee specified under rule 11, and such application shall be accompanied with the following documents, namely:— (a) a copy of the report specified in sub-rules (1) and (2); and (b) an undertaking to the effect that, in the event the original certificate is subsequently traced or recovered, the same shall be surrendered forthwith to the principal officer of the concerned Mercantile Marine Department. (6) Where the owner or agent of the concerned ship fails to submit a report under sub-rule (1) or (2), as the case may be, such owner or agent shall remain liable for any misuse, fraudulent representation, or improper use of the lost certificate. (7) A duplicate certificate issued under these rules shall have the same legal force and validity as the original certificate and shall bear an endorsement stating “Duplicate - Issued in lieu of Original Lost”. 10. Procedure for recognition of foreign judgments. — A judgment, recognised under sub-section (1) of section 209 of the Act, shall be enforceable in India in accordance with the provisions of the Code of Civil Procedure, 1908 and the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. 11. Fees. — (1) Every application for the issue of a certificate of insurance or other financial security under rule 4 shall be accompanied by a fee of ten thousand rupees, in accordance with the provisions of section 206. (2) Every application for the renewal of the certificate of insurance or other financial security under rule 6 shall be accompanied by a fee of ten thousand rupees, in accordance with the provisions of section 206. (3) A duplicate copy of the certificate under rule 9 shall be issued to the owner or the agent authorised on their behalf, as the case may be, on payment of a fee of two thousand rupees. (4) The fees referred to in this rule may be revised by the Central Government by such amount as may be notified. 10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Form - A (See rule 6) Form of application for issuance or renewal of certificate of insurance or other financial security maintained under section 204 of the Merchant Shipping Act, 2025 1. Name of the ship | : 2. Distinctive number or letters | : 3. Port of registry | : 4. Name of owner or agent and address | : 5. (i) Gross Tonnage | : (ii) Net Tonnage | : (Attach a photocopy of certificate of registry) | : 6. (a) Particulars of Insurance or other financial | : security maintained (Attach documentary evidence to show maintenance of insurance or other financial security). (b) Period of validity (Attach documentary evidence to show period of validity) 7. Fee paid (in rupees) | : (Attach documentary evidence to show successful payment of the fee) I hereby solemnly declare that the particulars given in this form are true and correct to the best of my knowledge and belief. I request you to issue the certificate of insurance or other Financial Security accordingly. I have been authorised by the owner to make this application (in case of an agent). Place:.................... Date: .................... Signature of Applicant (Name:) • Strike out if not applicable. • Any existing or expired certificate shall be enclosed [PART II—SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 11 Form - B (See rule 7) (Form of certificate to be issued by the principal officer, Mercantile Marine Department) CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE Issued in accordance with the provisions of Article VII of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. Name of ship | Distinctive | IMO | Port of | Name and address of owner | Number or letters | Ship Identification | registry | | | Number | | This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article VII of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. Type of Security ................................................................................................................................................................. Duration of Security ............................................................................................................................................................ Name and Address of the Insurers or Guarantors Name .................................................................................................................................................................................... Address: ................................................................................................................................................................................ This certificate is valid until: .............................................................................................................................................. Issued or certified by the Government of India ................................................................................................................ (Full designation of the State) At .................................... On .................................... (Place) | (Date) Signature and Title of issuing or certifying official 12 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] Form - C (See rule 8) (Form of application for a duplicate certificate of insurance or other financial security maintained under the Merchant Shipping Act, 2025) 1. Name of ship | : 2. Distinctive number or letters | : 3. Port of registry | : 4. Name of owner or agent and address | : 5. i) Gross Tonnage | : i) Net Tonnage | : (Attach a photocopy of the certificate of registry) 6. a) Particulars of insurance or other financial security maintained (Attach documentary evidence to show maintenance of insurance or other financial security) b) Period of validity | : (Attach documentary evidence to show period of validity) 7. Fee paid (in rupees) | : (Attach documentary evidence to show successful payment of the fee) I hereby solemnly declare that the particulars contained in this form are true and correct to the best of my knowledge and that the certificate of insurance described in rule 6 was defaced or destroyed or otherwise lost under the following circumstances: - I request you to issue a duplicate certificate of insurance accordingly. I have been authorised by the owner to make this application (in case of an agent). Place: .................... Date: .................... Signature of Applicant Name | : Address: • Strike out if not applicable • Defaced Certificate to be attached to the application [F. No. SY-19014/192/2025-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. SARVESH KUMAR SRIVASTAVA SARVESH 15 21:30:32

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