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ADMIRALTY (ASSESSORS) RULES, 2018
1. Short title and commencement 19
2. Definitions 19
3. Qualification and experience required for appointment as an Assessor 19
4. Duties of an assessor
5. Fee to be paid to an assessor
6. Power to relax
ADMIRALTY JURISDICTION
AND SETTLEMENT OF MARITIME CLAIMS (REMOVAL OF DIFFICULTIES) ORDER, 2017
Admiralty Jurisdiction and Settlement of Maritime Claims (Removal of Difficulties) Order, 2017 22
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
[22 OF 2017]1
An Act to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, application and commencement.
1. (1) This Act may be called the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
(2) It shall apply to every vessel, irrespective of the place of residence or domicile of the owner:
Provided that this Act shall not apply to an inland vessel defined in clause (a) of sub-section (1) of section 2 of the Inland Vessels Act, 1917 (1 of 1917), or a vessel under construction that has not been launched unless it is notified by the Central Government to be a vessel for the purposes of this Act:
Provided further that this Act shall not apply to a warship, naval auxiliary or other vessel owned or operated by the Central or a State Government and used for any non-commercial purpose, and, shall also not apply to a foreign vessel which is used for any non-commercial purpose as may be notified by the Central Government.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. Dated 9-8-2017.
2. With effect from 1-4-2018.
S. 2 ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 2
Definitions.
2. (1) In this Act,
(a) “admiralty jurisdiction” means the jurisdiction exercisable by a High Court under section 3, in respect of maritime claims specified under this Act;
(b) “admiralty proceeding” means any proceeding before a High Court, exercising admiralty jurisdiction;
(c) “arrest” means detention or restriction for removal of a vessel by order of a High Court to secure a maritime claim including seizure of a vessel in execution or satisfaction of a judgment or order;
(
d) “goods” means any property including live animals, containers, pallets or such other articles of transport or packaging or luggage irrespective of the fact whether such property is carried, on or under the deck of a vessel;
(e) “High Court”, in relation to an admiralty proceeding, means any of the High Court of Calcutta, High Court of Bombay, High Court of Madras, High Court of Karnataka, High Court of Gujarat, High Court of Orissa, High Court of Kerala, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh or any other High Court, as may be notified by the Central Government for the purposes of this Act;
(
f) “maritime claim” means a claim referred to in section 4;
(g) “maritime lien” means a maritime claim against the owner, demise charterer, manager or operator of the vessel referred to in clauses (a) to (e) of sub-section (1) of section 9, which shall continue to exist under sub-section (2) of that section;
(h) “notification” means a notification published in the Official Gazette;
(i) “port” shall have the same meaning as assigned to it in the Indian Ports Act, 1908 (15 of 1908);
(j) “prescribed” means prescribed by rules made by the Central Government under this Act;
(k) “territorial waters” shall have the same meaning as assigned to it in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976); and
(l) “vessel” includes any ship, boat, sailing vessel or other description of vessel used or constructed for use in navigation by water, whether it is propelled or not, and includes a barge, lighter or other floating vessel, a hovercraft, an off-shore industry mobile unit, a vessel that has sunk or is stranded or abandoned and the remains of such a vessel.
Explanation. A vessel shall not be deemed to be a vessel for the purposes of this clause, when it is broken up to such an extent that it cannot be put into use for navigation, as certified by a surveyor.
3 ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017 S. 3
(2) The words and expressions used herein but not defined and defined in the Merchant Shipping Act, 1958 (44 of 1958) shall have the meanings respectively assigned to them in that Act.
COMMENTS
SECTION NOTES
2.1 Explanation of de nition of “Arrest” [Section 2(c)]
The term “arrest” here speci cally relates to maritime law and involves the detention or restriction of a vessel. This is not a criminal arrest of a person but a legal process targeting the vessel itself to secure claims related to maritime disputes.
Arrest is carried out by an order of a High Court.
The primary objective of arrest is to secure a maritime claim.
Arrest extends beyond preventive detention—it also includes the seizure of the vessel in execution or satisfaction of a judgment or order.
2.2 Explanation of de nition of “Goods” [Section 2(d)]
The term “goods” is broadly de ned to include any property, including: live animals, containers, pallets or such other articles of transport or packaging or luggage.
Goods are covered irrespective of their physical location on the vessel—whether carried on the deck or under the deck.
2.3 Explanation of de nition of “Maritime Lien” [Section 2(g)]
A “maritime lien” is a speci c type of maritime claim that arises against certain key parties connected to a vessel, namely:
The owner, demise charterer, manager, or operator.
The maritime lien covers only those claims explicitly listed in clauses (a) to (e) of subsection (1) of section 9.
The lien is not transient; it continues to exist as per sub-section (2) of section 9, meaning it survives changes in ownership or possession of the vessel and remains enforceable until the claim is fully satis ed or extinguished by law.
2.4 Explanation of de nition of “Vessel” [Section 2(l)]
The term “vessel” encompasses a wide variety of waterborne conveyances, including ships, boats, sailing vessels, and any other types constructed or used for navigation by water:
Whether the vessel is propelled or not.
Barges, lighters, and other oating vessels are explicitly included.
The de nition covers technologically advanced or specialized craft such as hovercrafts and offshore industry mobile units.
CHAPTER II
ADMIRALTY JURISDICTION AND MARITIME CLAIMS
Admiralty jurisdiction.
3. Subject to the provisions of sections 4 and 5, the jurisdiction in respect of all maritime claims under this Act shall vest in the respective High Courts and
ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS)
ACT 2017 WITH RULES – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JUNE 2025
EDITION : 2025 EDITION
ISBN NO : 9789371268110
NO. OF PAGES : 32
BINDING TYPE : PAPERBACK
DESCRIPTION
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017, with Rules [Bare Act with Section Notes], by Taxmann, presents the full, amended text of the Act along with allied rules, orders, and comprehensive section-wise notes. The 2025 Edition provides extensive coverage of admiralty law in India, encompassing jurisdiction, vessel arrest, and the settlement of maritime claims, as well as practical guidance for litigation before the Indian High Courts. This book is intended for the following audience:
• Legal Professionals, Maritime Lawyers & Law Firms
• Shipping Companies, Vessel Owners & Operators
• Maritime Administrators, Port Authorities & Government Officials
• Judges & Legal Academicians
• Law Students & Researchers
The Present Publication is the 2025 Edition, covering the amended and updated text of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act [Act No. 22 of 2017] and Rules, with the following noteworthy features:
• [Complete Updated Text] Full, current text of the Act
• [Allied Rules & Orders] Includes Admiralty (Assessors) Rules 2018 and related government orders
• [Section-wise Notes] Expert commentary and clarification under each section
• [Rec ent Amendments] Incorporates all updates and notifications up to the 2025 edition
• [Pre-amendment Provisions] Footnotes for understanding previous provisions
• [User-friendly] Subject index and logical structure for easy reference
