Gazette Tracker
Gazette Tracker

Core Purpose

The Central Government makes the Merchant Shipping (International Fund for Compensation for Oil Pollution Damage) Rules, 2026, superseding the 2008 rules, under the powers conferred by sections 212, 216, and 222 of the Merchant Shipping Act, 2025.

Detailed Summary

The Ministry of Ports, Shipping and Waterways, through G.S.R. 583(E) dated July 6, 2026, has enacted the Merchant Shipping (International Fund for Compensation for Oil Pollution Damage) Rules, 2026. These rules, made under sections 222, 212(1)(a), and 216(4) of the Merchant Shipping Act, 2025 (24 of 2025), supersede the Merchant Shipping (International Fund for Compensation for Oil Pollution Damage) Rules, 2008, while preserving actions taken or omitted before such supersession. The new rules came into force on their publication in the Official Gazette on July 7, 2026, and apply to oil pollution damage caused in the territory of India, including coastal waters, and to preventive measures taken to minimize such damage. Key definitions include "Act" referring to the Merchant Shipping Act, 2025, and "Fund Convention" referring to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, as amended. Rule 3 defines "associated person" for Section 212(1)(a) of the Act, encompassing subsidiary companies (Section 2(87) of Companies Act, 2013), holding companies (Section 2(46) of Companies Act, 2013), entities under common control (control as per Section 2(27) of Companies Act, 2013), and specific limited liability partnerships where the contributor appoints majority designated partners with policy control. Rule 4 mandates persons liable under Section 213 of the Act to submit specified information to the Director-General using the annexed Form. Rule 5 outlines procedures for the Director-General to issue notices under Section 217(1) of the Act for non-compliance, requiring information within two weeks or an extended period, with penalties under Section 281(2) of the Act for refusal or false statements. Rule 6 requires the Director-General to forward this information to the Fund. Rule 7 specifies that units of account are Special Drawing Rights (SDRs) of the International Monetary Fund, convertible to Indian rupees based on the Reserve Bank of India's official value on the date of the Fund Assembly's decision regarding the first compensation payment. The appended Form details the "REPORT TO THE IOPC FUNDS ON RECEIPTS OF CONTRIBUTING OIL," requiring data on crude oil and heavy fuel oil received by sea, coastal movement, pipeline, or ground transportation in metric tons.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-10072026-274341 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 525] NEW DELHI, TUESDAY, JULY 7, 2026/ASHADHA 16, 1948 5099 GI/2026 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (2) The units of account shall be converted into Indian rupees according to the official value in rupees of the special drawing rights as determined by the Reserve Bank of India on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation. FORM [See rule 4] REPORT TO THE IOPC FUNDS ON RECEIPTS OF CONTRIBUTING OIL □ 1992 Fund | □ Supplementary Fund Member State: | Oil Year: Company Name | □ No Association | □ Association with: Invoice Contact Name | Title OIL RECEIVER Street | City | Postal Code Phone | Fax | Email Oil Report Contact Name (if different) | Title Street | City | Postal Code Phone | Fax | Email OIL INFORMATION Crude oil and heavy fuel oil. See notes for more information. Received directly after carriage by sea | metric tones Coastal movement within the same State | metric tones Name of non-Member State(s) □ Pipeline | □ Ground Transportation | □ Others | metric tons □ Pipeline | □ Ground Transportation | □ Others | metric tons Total Contributing Oil : | metric tons Company Official | Government Official SIGNATURE Name & Title Date Phone Fax Email Name & Title Date Phone Fax Email 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] [F. No. SY-19014/192/2025-MG-Part(3)] MUKESH MANGAL, Addl. Secy. MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFICATION New Delhi, the 6th July, 2026 G.S.R. 583(E).—In exercise of the powers conferred by section 222 read with clause (a) of sub-section (1) of section 212, and sub-section (4) of section 216 of the Merchant Shipping Act, 2025 (24 of 2025) and in supersession of the Merchant Shipping (International Fund for Compensation for Oil Pollution Damage) Rules, 2008, except in respect of things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: – 1. Short title, commencement and application. — (1) These rules may be called the Merchant Shipping (International Fund for Compensation for Oil Pollution Damage) Rules, 2026. (2) These rules shall come into force on the date of their publication in the Official Gazette. (3) These rules shall apply to pollution damage caused in the territory of India, including the coastal waters, and to preventive measures, wherever taken, to prevent or minimise such pollution damage. 2. Definitions. — (1) In these rules, unless the context otherwise requires, - (a) "Act" means the Merchant Shipping Act, 2025 (24 of 2025); (b) "form" means the form appended to these rules; (c) "Fund Convention" means the International Convention on the establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, as amended; and (d) "tonnage" means the gross tonnage, which is 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. 3. Associated person. — For the purposes of clause (a) of sub-section (1) of section 212 of the Act, the term "associated person" shall include the following, namely:- (a) a subsidiary company, as defined in sub-section (87) of section 2 of the Companies Act, 2013 (18 of 2013); (b) a holding company, as defined in sub-section (46) of section 2 of the Companies Act, 2013 (18 of 2013); (c) an entity which controls the contributor or is controlled by the contributor or is under common control with the contributor; and Explanation. — For the purpose of clause (c), the term 'control' shall have the same meaning as assigned under sub-section (27) of section 2 of the Companies Act, 2013 (18 of 2013); (d) a limited liability partnership in which the contributor has the right to appoint majority of the designated partners, where such designated partners, with specific exclusion to others, have control over all the policies of such limited liability partnerships. 4. Declaration by persons liable to contribute to the Fund. - Any person who is liable to contribute to the Fund as per the provisions of section 213 of the Act shall submit to the Director-General information specified in the Form annexed to these rules. 5. Furnishing of information pursuant to notice. — (1) Where any person liable to contribute to the Fund fails to furnish information required under rule 4 or otherwise, the Director-General shall issue a notice under sub-section (1) of section 217 of the Act to such person for furnishing information required under rule 4. (2) The information referred to in sub-rule (1) shall be furnished within two weeks of the receipt of such notice, or within such further period as may be permitted in writing by the Director-General. (3) Any person who refuses or wilfully neglects to comply with a notice or makes any false statement in contravention of this rule shall be liable to a penalty as specified in sub-section (2) of section 281 of the Act. [PART II—SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 5 6. Obligation to report information to Fund. — The Director-General shall forward to the Fund information received under rule 4 or rule 5, as the case may be. 7. Units of accounts. — (1) The units of account referred to in the Fund Convention are the special drawing rights as defined by the International Monetary Fund. (2) The units of account shall be converted into Indian rupees according to the official value in rupees of the special drawing rights as determined by the Reserve Bank of India on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation. FORM [See rule 4] REPORT TO THE IOPC FUNDS ON RECEIPTS OF CONTRIBUTING OIL Member State: | □ 1992 Fund | □ Supplementary Fund Oil Year: Company Name | □ No Association | □ Association with: Invoice Contact Name | Title OIL RECEIVER Street | City | Postal Code Phone | Fax | Email Oil Report Contact Name (if different) | Title Street | City | Postal Code Phone | Fax | Email OIL INFORMATION Crude oil and heavy fuel oil. See notes for more information. Received directly after carriage by sea | metric tones Coastal movement within the same State | metric tones Name of non-Member State(s) □ Pipeline | □ Ground Transportation | □ Others | metric tons □ Pipeline | □ Ground Transportation | □ Others | metric tons Total Contributing Oil : | metric tons Company Official | Government Official SIGNATURE Name & Title Date Phone Fax Email Name & Title Date Phone Fax Email 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Signature | Date Name & Title Phone Fax Email Signature | Date Name & Title Phone Fax Email For IOPC Funds' use only | CTR/ | Checked | Date | Approved | Date [F. No. SY-19014/192/2025-MG-Part(3)] 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. KUMER CHAND MEENA Digitally signed by KUMER CHAND MEENA Date: 2026.07.10 15:44:48 +05'30'

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