Publishing the Civil Liability for Bunker Oil Pollution Damage Rules 2026 under Merchant Shipping Act 2025
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
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-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), 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 subrules (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.
(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.
…
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
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.
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
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.
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