Argumentum A Fortiori A sequel

DGS Order No 6 of 2023 regarding the age norms for Indian and foreign flag ships requiring licensing has caused quite a stir.

- Ramji S Krishnan,

INTRODUCTION:

We explore the order's details and discuss why it is not feasible or correct.

BACKGROUND AND DETAILS OF THE ORDER:

The stated objects of the new DGS Order states the Indian flag and foreign flag vessels are required to apply for a license under Sec 406 & 407 of The Merchant Shipping Act 1958. The aim of this order is to ensure the efficient maintenance of Indian mercantile marine to serve the national interests. The order further states that quality tonnage is paramount for the safe and secure expansion of the maritime sector, and the safety of life at sea and ships depends on the quality of tonnage registered under the flag of a country. The other highlights of the order are :

1. Acquisition and registry of foreign flag vessels by Indian companies have been restricted to 20 years age limit.
2. Passenger vessels, FSRU, FPSO, and Drilling/Production MODU/SPS Code are exempted from the provisions of the order.
3. units certified under Foreign flag vessels engaged in Indian Exim trade are also exempted.
4. Foreign flag vessels applying for a trading license under Section 406/407 of MS Act shall need to comply with the provisions of the order.
5. Different age norms have been assigned for categories of vessels.
6. A sunset clause of 3 years has been incorporated for the existing Indian vessels. For foreign vessels trading on the Indian coast under a trade license, the order shall come into force upon the expiry of the trade license or 3 years whichever is earlier.
7. Additional qualitative norms have been prescribed for vessels over 20 years of age

The order has been formulated after extensive discussions with Indian National Shipowners Association (INSA) and other stakeholders, including ICCS A/ONGC.

WHY THE ORDER IS NOT FEASIBLE / CORRECT: