The House reassembled after lunch at two of the clock,


MR. DEPUTY CHAIRMAN: Now, we shall take up The Merchant Shipping (Amendment) Bill, 2007. Shri T.R. Baalu. (Interruptions)

DR. V. MAITREYAN: Sir, we want Joint Parliamentary Committee... (Interruptions)...

SHRI N. JOTHI: Mr. Deputy Chairman, Sir, we want...(Interruptions)...

MR. DEPUTY CHAIRMAN: Let the Legislative Business be over. (Interruptions) I will give you a chance. (Interruptions)

SHRI S.S. AHLUWALIA: Sir, this is not the...(Interruptions)...

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That the Bill further to amend the Merchant Shipping Act, 1958 and the Indian Ports Act, 1908, as passed by Lok Sabha, be taken into consideration.

Mr. Deputy Chairman, Sir, with your permission, I would like to say a few words on the Merchant Shipping (Amendment) Bill, 2007. (Interruptions) Sir, the Merchant Shipping (Amendment) Bill, 2004 was considered by the Lok Sabha on 14th August, 2007 and the House passed the Bill. (Interruptions)

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ֳ֯ן : ׻֋ ... (־֮֬) ...

SHRI V. NARAYANASAMY: Sir, the Minister is on his legs. (Interruptions)

ߴ֟ ִ þָ֕ : פ ׾֯ ֮ ... (־֮֬) ... ֮ י פ ... (־֮֬) ... י ֤ ָ ָ , ֵ ... (־֮֬) ... ָ , ֮ פ ... (־֮֬) ... ן֯ י ֯ ֮ ... (־֮֬) ... ן֯ ֯ ֮ ... (־֮֬) ... ֈ ֻ ? ... (־֮֬) ...

ֳ֯ן : ֯ co-operation ֈ ֻ ... (־֮֬) ... We have to do some business ...(Interruptions)... ֲ co-operation ... (־֮֬) ...

SHRI T.R. BAALU: Before I move the Merchant Shipping (Amendment) Bill, 2007 for consideration by this House, I would like to give a brief background of the situation that necessitated amendments in the Merchant Shipping Act, 1958 and the Indian Ports Act, 1908.

Consequent upon the tragic events of 11th September, 2001 in the US, the International Maritime Organization in November, 2001 unanimously agreed to develop and adopt new measures relating to the security of ships and port facilities by a Conference (known as Diplomatic Conference on Maritime Security) of the Contracting Governments to the International Convention for Safety of Life at Sea (SOLAS 1974). ...(Interruptions)... With your permission, Sir, I lay the remaining portion of my speech on the Table of the House.

ߴ֟ ִ þָ֕ : ָָ ָ ֈ ֻ ? (־֮֬)

ֳ֯ן : ָ כ , ֟ ... (־֮֬) ... What the Chair can do? What is decided is not followed here. ...(Interruptions)...

SHRI T.R. BAALU: Sir, India has ratified the international convention SOLAS, 1974 on 16th June, 1976 which came into force on 25th May, 1980. This Convention has been amended from time to time to incorporate provisions pertaining to safety of ships. During the Diplomatic Conference on Maritime Security held in December, 2002, amendments to the SOLAS 1974 were adopted including the adoption of the International Ship and Port Facility Security Code (ISPS).

The objectives of the ISPS Code are

(a)   to establish an international framework involving cooperation between contracting Governments, Government agencies and shipping and port industries to detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade;

(b)   to establish the respective roles and responsibilities of the Government, Government agencies, local administration and the shipping and port industries at the national and international level for ensuring maritime security;

(c)   to ensure early and efficient collection and exchange of security-related information;

(d)   to provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels; and

(e)   to ensure confidence that adequate and proportionate maritime security measures are in place.


The ISPS Code will bring about uniformity in addressing security related issues of onboard ships and the ports in our country. The Code envisages three security levels commencing from Level 1 to the highest level, that is, Level 3. Each level shall require additional measures to heighten the security of ports/ships. Each ship and port will be guided by an approved Ship Security Plan / Port Facility Security Plan. In order to give effect to the provisions of the SOLAS 1974, each contracting Government is required to promulgate laws, decrees, orders
and regulations, as considered necessary, so as to give full and complete effect to the Convention. This is with a view to ensure that ships and ports are fit for the service for which they are intended.

The Merchant Shipping (Amendment) Bill, 2004 was originally introduced in the Lok Sabha on 23rd December, 2004. The Bill was referred to the Department-related Parliamentary Standing Committee on Transport, Tourism and Culture for examination and report. The Report of the Parliamentary Standing Committee was presented to both Houses of Parliament on 27th July, 2005.


The Committee in its report, recommended that the Bill be passed after incorporating official amendments and taking into account its recommendations in respect of Section 344 A, 344 L, 344 Q and 344 J along with the recommendations contained in paras 14, 17, 23, 25, 29, 37, 45 and 47 of the said report. The aforementioned amendments and recommendations have been considered by the Government and included appropriately in the Merchant Shipping (Amendment) Bill which was considered and passed by the Lok Sabha on 14th August, 2007 as the Merchant Shipping (Amendment) Bill, 2007.


I, therefore, give notice of my intention to move the motion that the Merchant Shipping (Amendment) Bill, 2007 as passed by the Lok Sabha be taken into consideration by the Rajya Sabha and that the Bill be passed by the House


The question was proposed.

MR. DEPUTY CHAIRMAN: Does any Member want to speak on this Bill? (Interruptions) The question is:

That the Bill further to amend the Merchant Shipping Act, 1958 and the Indian Ports Act, 1908, as passed by Lok Sabha, be taken into consideration.

The motion was adopted.

MR. DEPUTY CHAIRMAN: Now, we shall take up clause-by-clause consideration of the Bill.

Clauses 2 to 7 were added to the Bill.

Clause 1, the Enacting Formula and the Title were added to the Bill.

SHRI T.R. BAALU: Sir, I move:

That the Bill be passed.

The question was put and the motion was adopted.


MR. DEPUTY CHAIRMAN: Now, we shall take up Short Duration Discussion on the situation arising out of the Indo-US Nuclear Agreement. Shri Ram Jethmalani (Interruptions) Dr. Murli Manohar Joshi. (Interruptions) Shri Raj Mohinder Singh Majitha. (Interruptions)

SHRI YASHWANT SINHA: Mr. Deputy Chairman, Sir, this is not going...(Interruptions)...

THE MINISTER OF STATE FOR PARLIAMENTARY AFFAIRS (SHRI SURESH PACHOURI): Sir, we want discussion on the Nuclear Agreement. (Interruptions) ֳ֯ן , ֕ ׻Ù ײ֮֕ Indo-US Nuclear Agreement ָ discussion listed ... (־֮֬) ... ָ ֓ և ֋ ... (־֮֬) ... ֮֮ߵ ֤õ ָ ֮ , ֤ ... (־֮֬) ...Sir, Jethmalaniji is here. (Interruptions)

. ִ ӛָ : ֳ֯ן , ָ discussion ... (־֮֬) ...

SHRI RAM JETHMALANI: Mr. Deputy Chairman, Sir...(Interruptions)...

SHRI SANTOSH BAGRODIA: Sir, we want discussion. (Interruptions)

SHRI V. NARAYANASAMY: Mr. Deputy Chairman, Sir, they are...(Interruptions)...

SHRI S.S. AHLUWALIA: Mr. Deputy Chairman, Sir, this way the Government...(Interruptions)... By not allowing us, the Government...(Interruptions)...

MR. DEPUTY CHAIRMAN: The House is adjourned to meet tomorrow at 11.00 a.m.



The House then adjourned at four minutes past two

of the clock till eleven of the clock on

Friday, the 7th September, 2007.