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The Ministry of Ports, Shipping and Waterways has notified the Merchant Shipping (Wreck and Salvage) Rules, 2026, introducing a detailed regulatory framework for reporting, managing and removing shipwrecks, conducting salvage operations and responding to marine pollution incidents in India.
The rules were published in the Official Gazette on 23 October 2026 under G.S.R. 910(E). They have come into force from the date of publication and supersede the Merchant Shipping (Wrecks and Salvage) Rules, 1974, while preserving matters covered by the saving provision.
The updated framework explains the responsibilities of registered shipowners, ship operators, salvors, marine pollution response operators and maritime authorities. It also sets out procedures for obtaining insurance or financial security certificates, handling wreck-related claims, appointing salvage service providers and resolving disputes.
For shipping businesses, these rules are important because a maritime accident can create responsibilities extending beyond the removal of a damaged vessel. Shipowners may have to report the incident, arrange specialised services, maintain financial security and meet costs associated with wreck removal or pollution response.
| Particular | Details |
| Issuing Authority | Ministry of Ports, Shipping and Waterways |
| Notification | Merchant Shipping (Wreck and Salvage) Rules, 2026 |
| Gazette Reference | CG-DL-E-23102026-277376 |
| Notification Number | G.S.R. 910(E) |
| Publication Date | 23 October 2026 |
| Effective Date | 23 October 2026 |
| Governing Legislation | Merchant Shipping Act, 2025 |
| Enabling Provision | Section 260 of the Merchant Shipping Act, 2025 |
| Earlier Rules Superseded | Merchant Shipping (Wrecks and Salvage) Rules, 1974 |
| Principal Coverage | Wreck reporting, removal, salvage, insurance, financial security, pollution response, claims and related procedures |
| Key Stakeholders | Registered shipowners, operators, salvors, marine pollution response operators and relevant maritime authorities |
The Merchant Shipping Act, 2025 provides the broader legal foundation for managing maritime activities and responsibilities in India. Part XII of the Act deals with wrecks and salvage, including the reporting of wrecks, determination of hazards, removal measures, financial security and salvage-related matters.
The Merchant Shipping (Wreck and Salvage) Rules, 2026 prescribe more detailed procedures for implementing those provisions.
Under this framework, a shipwreck is not treated only as damaged property. Depending on its location and condition, it may also create navigational hazards, environmental risks and financial liabilities.
The rules address several stages of an incident, including the initial reporting of a wreck, measures to locate and mark it, arrangements for its removal, insurance certification, assessment of claims and the role of specialised salvage and marine pollution response service providers.
The framework also draws on the Nairobi International Convention on the Removal of Wrecks, 2007, particularly in relation to insurance and financial security certificates.
The 2026 Rules replace the 1974 Rules and establish the operative procedural framework under the Merchant Shipping Act, 2025.
Among the principal matters expressly addressed are:
These are important features of the 2026 framework. However, not every provision should be described as a completely new legal duty without comparing it against the relevant earlier law.
The rules affect several stakeholders involved in shipping, maritime emergency management and the handling of shipwrecks.
| Stakeholder | Regulatory Relevance |
| Registered shipowners | Responsibility for wreck removal, applicable financial security, contracts and related obligations |
| Ship operators and masters | Incident reporting and operational responsibilities where specified |
| Salvage companies | Salvage operations, eligibility assessment, compensation and record-keeping |
| Marine pollution response operators | Eligibility, equipment, manpower and pollution-response capabilities |
| Port authorities and maritime boards | Assistance with locating, marking and managing wrecks within their jurisdiction |
| Receivers of wreck | Coordination, custody, valuation, sale, disposal and reporting |
| Insurers and financial security providers | Financial security arrangements and related certification |
| Cargo and other property interests | Claims, salvage costs and related financial responsibilities where applicable |
The precise requirements depend on the relevant provision and the circumstances of the vessel or incident. For instance, the insurance certificate application provisions distinguish Indian vessels from certain vessels registered in states that are not parties to the Nairobi Convention.
One of the major areas covered by the notification is the process to be followed when a ship becomes a wreck.
Reporting a wreck under Rule 3
Rule 3 requires the master, shipowner or operator to report a wreck incident in accordance with Section 236(1) and (2) of the Merchant Shipping Act, 2025.
The report must contain information that enables the authorities to understand the nature of the incident and the risks involved.
The prescribed particulars include:
These details are important because authorities need to assess whether the incident presents a navigational or environmental threat and what response may be necessary.
For shipowners and operators, maintaining reliable vessel, cargo and emergency-response information can help them prepare the required report.
Locating and marking shipwrecks under Rule 4
After receiving a wreck report, the Director-General is required to use practicable means to issue navigational warnings identifying the wreck's location and other relevant information.
The rules provide for information to be communicated through available navigational systems, including the Automatic Identification System, navigational telex and recognised satellite communication services.
The Director-General may also direct the shipowner or operator to undertake measures for marking the wreck in accordance with the applicable legal provisions and navigational guidance.
This is particularly important where a wreck creates a potential danger to vessels operating in the surrounding waters.
Responsibility for wreck removal under Rule 5
Rule 5 places primary responsibility for removing a wreck in coastal waters on the registered owner or operator of the vessel, in accordance with Section 242 of the Merchant Shipping Act, 2025.
The Receiver of Wreck is responsible for coordinating, directing and supervising relevant measures, including locating, marking, securing, removing or disposing of the wreck.
The rule also addresses situations where an owner delays or fails to declare a vessel a constructive total loss even though it presents a hazard. Subject to the prescribed assessment and consultation, the authority or Receiver of Wreck may take specified measures, including declaring the vessel a wreck or facilitating its removal.
Importantly, these administrative measures do not automatically release the registered owner from responsibility for wreck removal.
Rule 5 also provides for the appointment of a notified salvor or relevant marine pollution response operator within the time and manner specified by the authority or Receiver of Wreck.
Insurance and financial security are significant parts of the 2026 Rules because removing a shipwreck can involve substantial expenditure.
Rules 6 to 10 deal with applications, issuance, renewal and replacement of certificates relating to insurance or other financial security for wreck-removal liability.
Application for an insurance or financial security certificate
Under Rule 6, the registered owner of an Indian vessel who maintains the insurance or other financial security required under Section 244(1) of the Act must apply to the Registrar of the ship's port of registry for issuance or renewal of the relevant certificate.
The application must be submitted in Form A.
The rule also provides an application route for the registered owner or operator of a ship registered in a state that is not a party to the Nairobi Convention, where the conditions specified in Section 244(2) are satisfied.
Applications must be supported by evidence of the applicable insurance or financial security and proof of payment of the prescribed fee.
Issuance of the certificate
Under Rule 7, the Registrar may issue the prescribed certificate in Form B after being satisfied that the required insurance or other financial security is maintained.
The certificate must accurately record the relevant financial security arrangements.
Where more than one insurer or financial security provider is involved, the contribution of each must be identified. Different forms of security must also be recorded, along with the relevant period of coverage.
The provisions are designed to provide documentary evidence of the insurance or financial security maintained for wreck-removal liability.
What documents are required?
Based on Form A and Rule 6, the application includes the following particulars and supporting evidence:
| Document or Information | Purpose |
| Name and identification details of the vessel | Identifies the ship concerned |
| Port of registry | Establishes registration particulars |
| Shipowner's name and address | Identifies the applicant |
| Gross and net tonnage | Provides vessel particulars |
| Copy of registration certificate | Supports the vessel's registration details |
| Insurance or financial security particulars | Identifies the financial security arrangement |
| Evidence of insurance or financial security | Supports the existence of the required cover |
| Evidence of validity period | Establishes the duration of cover |
| Fee-payment evidence | Confirms payment of the prescribed government fee |
| Existing or expired certificate, where applicable | Supports issuance or renewal as indicated in Form A |
Applicants should ensure that the particulars entered in the form correspond with the vessel's registration and insurance documents.
Rule 10 specifies the following fees:
| Certificate-related Service | Government Fee |
| Issuance of insurance or financial security certificate | Rs 10,000 |
| Renewal of insurance or financial security certificate | Rs 10,000 |
| Duplicate certificate | Rs 2,000 |
The prescribed payment mechanism is the Bharatkosh portal or another permitted payment method.
These are government charges specified under the rules. They should not be confused with insurance premiums, salvage expenses or professional consultancy fees.
Rules 8 and 9 establish procedures for obtaining a duplicate certificate in the circumstances covered by those provisions.
The registered owner or relevant operator must report the loss, destruction or damage to the Registrar of the original port of registry without delay.
Where the certificate is destroyed, lost or stolen, a complaint or loss report must be lodged with the nearest police station, and a copy must be submitted to the Registrar.
The rules also provide for newspaper notices and supporting documentation.
The prescribed notices must be published in two daily newspapers, including an English national daily and a newspaper in the local language of the port of registry. The notice must invite objections within ten days from publication.
An application for a duplicate certificate is made in Form C, together with the prescribed fee and applicable evidence.
Where an original certificate is later recovered, it must be surrendered to the relevant Registrar.
Rule 8 expressly states that its provisions do not apply to certificates issued electronically. Therefore, businesses should not automatically assume the same duplicate-certificate procedure applies to an electronic certificate.
The rules also explain how wrecked property may be claimed, valued, sold or disposed of.
These provisions matter not only to shipowners but also to salvors, property claimants and authorities responsible for handling wrecks.
Claims by registered shipowners
Under Rule 11, claims relating to a wreck or the proceeds from its sale must be submitted to the Receiver of Wreck in accordance with the First Schedule.
A claimant may be required to provide documents establishing ownership or the legal right to claim the property.
This becomes particularly important where a claim is made by an agent or assignee, or where property belonging to a deceased master, seafarer or passenger is involved.
If the Receiver of Wreck has doubts about the claimant's entitlement, further documentation and a declaration under Part II of the First Schedule may be required.
Appointment of valuers
Rule 12 provides for the appointment of a valuer where a dispute arises concerning the cost of salvage operations.
On an application by the shipowner or salvor, the Receiver of Wreck may appoint a valuer to assess the property and the relevant costs.
After the valuation is completed, both parties are to receive copies.
The rules also address valuation expenses. Where one party requests the appointment without the other party's consent, the requesting party must bear the valuer's fee.
This provision provides a basis for assessing disputed costs through a formal valuation process.
Sale of wrecks through public auction
Rule 13 requires a Receiver of Wreck to sell a wreck through public auction rather than by another method of sale.
The sale is conducted on an as is, where is basis, with the purchaser assuming the responsibilities specified in the rule, including relevant taxes and encumbrances.
Before the auction, a notice must be published at least 14 days ahead of the appointed sale date.
The notice must appear in three consecutive issues of at least two daily newspapers having wide circulation in the relevant Mercantile Marine Department's jurisdiction.
The auction notice must provide the prescribed details, including the wreck's description, location, down-payment requirement and time allowed to pay the remaining amount.
Where the highest bid is rejected or the auction is cancelled or postponed, the Receiver must record the reasons in writing and report them to the authority.
If an auction is unsuccessful, a fresh sale may be arranged. Where the wreck remains unsold after auction, Rule 13 provides for its disposal through scrapping, recycling, destruction or another necessary means.
The rules also address the remaining financial liabilities associated with such disposal.
Wrecks falling under multiple jurisdictions
Rules 14 and 15 deal with wrecks involving more than one Receiver of Wreck.
Where separate portions of a wreck are found in different jurisdictions, each Receiver acts independently.
Where a wreck found in one jurisdiction is delivered to another Receiver, the receiving authority handles its disposal as though it had been found within its own jurisdiction.
These provisions help clarify administrative responsibility where wrecked property is found or transferred across jurisdictional boundaries.
Salvage operations involve assisting a vessel or other property that is in danger. The rules explain when a salvor may receive a reward, how that reward is determined and when special compensation may apply.
When is a salvage reward payable?
Under Rule 17, a salvor is entitled to a reward when the salvage operation produces a useful result, subject to the conditions specified in the rule.
The rule excludes cases where the salvaged vessel and the vessel undertaking salvage belong to the same owner.
It also explains the application of the specified reward and special compensation provisions where there is no existing salvage contract between the salvor and the registered owner.
A salvage reward is therefore not simply a fixed fee payable whenever a salvage company attends an incident. The applicable legal conditions, contractual arrangements and outcome of the operation matter.
How is the salvage reward calculated?
Rule 18 identifies several factors for determining a salvage reward.
These include the value of the vessel or property saved, the danger involved, the success of the operation, the time and expenses incurred, and the skill and efforts of the salvor.
Efforts to prevent or reduce environmental damage are also relevant.
The rule provides that the award, excluding interest and recoverable legal costs, must not exceed the salvaged value of the vessel and other property.
The exact amount will depend on the facts and applicable criteria rather than a standard percentage prescribed for every salvage operation.
Special compensation for environmental protection
Rule 19 contains provisions for special compensation where a salvor undertakes operations involving a vessel or cargo that threatens environmental damage but fails to earn a salvage reward.
In the circumstances specified by the rule, compensation may be based on the expenses reasonably incurred.
Where the salvor has prevented or minimised environmental damage, the special compensation may be increased by up to 30% of those expenses.
The High Court having jurisdiction may further increase the compensation where it considers this fair and just, subject to the statutory limit stated in the rule.
The provision also contains conditions concerning the relationship between special compensation and a salvage reward, along with the consequences of a salvor's negligence.
These qualifications are important because special compensation is not an automatic additional payment in every salvage operation.
Other provisions relating to salvage payments
Rules 20 to 24 address the allocation of salvage rewards and other related matters.
They include the following:
The rules also provide specific treatment for certain state-owned and humanitarian cargoes under Rules 25 and 26.
Rule 27 identifies circumstances in which the authority may undertake or take control of salvage operations.
This may arise where a registered owner does not appoint salvors, or where the owner or appointed salvor fails to take the required measures within the period specified by the authority.
The provision also addresses hazardous wrecks where the owner or operator fails to carry out the applicable removal responsibility or respond to directions.
In these circumstances, the authority may appoint a government or private entity to undertake salvage operations.
The rule further provides for the recovery of costs proportionately incurred by the authority, in accordance with the applicable provisions of the Merchant Shipping Act, 2025.
For shipowners, the practical point is that failing to arrange an appropriate response does not necessarily prevent the authorities from taking action. The resulting costs may still be recoverable from the responsible interests under the applicable law.
Rule 28 establishes a committee to assess applications for the retention of salvors under Section 255 of the Merchant Shipping Act, 2025.
The committee includes maritime technical and administrative representatives, including the Nautical Advisor, Chief Surveyor, Chief Ship Surveyor and relevant government and port representatives.
Applications are assessed against the criteria set out in the Third Schedule.
The authority may approve or reject the committee's recommendations and review the list of retained salvors. A salvor whose authorisation has been suspended or withdrawn may be removed from the list.
What are the eligibility requirements for salvors?
The Third Schedule includes a detailed assessment checklist.
The following table summarises selected criteria. Applicants should refer to the complete Third Schedule for the precise mandatory, preferred and conditional requirements.
| Eligibility Area | Requirement or Assessment Consideration |
| Corporate registration | Evidence of registration with the relevant regulatory body |
| Business structure | Details of the Indian company, subsidiary, consortium, joint venture or relevant arrangement |
| Financial capability | Paid-up capital and audited financial records, according to the prescribed criteria |
| Operational infrastructure | Operational set-up and standby locations covering the relevant Indian coastal areas |
| Equipment | Availability of suitable salvage assets and equipment |
| Technical manpower | Qualified salvage masters, naval architects, chemists, firefighting experts and other relevant personnel |
| Operational experience | Evidence of previous salvage operations |
| Professional indemnity cover | Evidence of the required insurance arrangement |
| Emergency deployment capability | Appropriate arrangements for emergency deployment of vessels and equipment |
| Contact arrangements | Availability of a designated contact point |
| Compliance undertaking | Affidavit concerning compliance with applicable Indian laws |
The Third Schedule distinguishes mandatory requirements from preferred and optional criteria. Applicants should not treat a preferred condition as mandatory unless the relevant provision or application requirement makes it so.
For salvage businesses, the framework places importance on demonstrable operational capability, technical competence and the availability of resources needed for maritime emergency response.
Rule 29 deals with the retention of marine pollution response operators.
These operators provide specialised resources and expertise for responding to pollution incidents involving oil, hazardous substances and other materials that may harm the marine environment.
The authority must maintain a list of operators with the relevant qualifications and experience, based on the Fourth Schedule.
The committee established under Rule 28 assesses the applications and forwards its recommendations to the authority for approval or rejection.
The authority may also review the retained operator list and remove operators whose authorisation has been suspended or withdrawn.
Eligibility and operational requirements for marine pollution response operators
The Fourth Schedule includes criteria concerning corporate registration, business structure, financial capability, operational facilities, equipment, manpower, previous experience and contact arrangements.
Among the specified requirements are:
The schedule also identifies paid-up capital of Rs 10 lakh as a preferred, rather than mandatory, criterion.
It refers to preparedness under the National Oil Spill Disaster Contingency Plan and the Crisis Management Plan for Hazardous and Noxious Substances Spills at Sea.
Some experience-related criteria are also expressly identified as preferred.
For businesses seeking retention as marine pollution response operators, the distinction between mandatory requirements and preferred qualifications is important when preparing an application.
Rule 30 is particularly important for registered shipowners.
It provides that the authority shall require registered vessel owners to maintain valid contracts with a retained salvor and a retained marine pollution response operator.
The purpose is to ensure that suitable resources can be made available to respond to maritime casualties and associated pollution incidents.
Requirements for salvage contracts
The salvage contract must provide for adequate resources and trained personnel capable of carrying out relevant emergency-response functions.
These may include:
The resources must be appropriate to the vessel's size and type, and the response arrangement must meet the response times specified by the authority.
Requirements for marine pollution response contracts
The marine pollution response contract must provide capabilities relevant to pollution emergencies.
These include containment and recovery of oil and hazardous or noxious substances, shoreline protection and pollution-control activities.
The arrangements must be consistent with the applicable area contingency plans and national response arrangements.
Can one service provider cover both functions?
Yes, where the authority approves the same entity as both a salvor and a marine pollution response operator.
In that situation, Rule 30 provides for a single contract covering both salvage and marine pollution response services.
For registered shipowners, reviewing existing emergency-response contracts is an important compliance action. Any changes should be assessed against the applicable rule, the status of the service provider and directions issued by the authority.
Disagreements may arise during salvage operations concerning the services performed, payments, responsibilities or the conduct of the parties involved.
Rule 31 establishes a procedure for referring disputes between registered vessel owners and salvors to the Director-General.
How can a complaint be submitted?
A registered vessel owner or salvor may submit a written complaint to the Director-General, together with supporting documents.
The procedure provides for the following stages:
The rules provide that proceedings should, as far as practicable, be completed within 90 days from the date the complaint is filed.
This is not an unconditional guarantee that every case will be resolved within 90 days.
The provision also preserves the parties' right to seek a remedy before a court or tribunal having jurisdiction.
Rule 32 deals with records of receipts and expenditure incurred under the rules.
Every salvor or other person incurring expenditure under the rules must maintain detailed records, including vouchers, invoices and proof of payment.
These records are important because expenses incurred during a maritime emergency may later become the subject of reimbursement claims or disputes.
What is the time limit for reimbursement claims?
Rule 32 provides that claims for reimbursement of expenditure must be submitted to the registered shipowner or insurer within one year from the date the expenditure was incurred.
The claim must be accompanied by the prescribed supporting evidence, including:
Original receipts or certified copies.
Evidence showing that the expenditure was reasonably incurred at prevailing market rates.
A certificate from an independent valuer confirming reasonableness, where required.
A claim filed after the prescribed deadline may not be accepted unless sufficient cause is shown for the delay.
Salvage operators and others seeking reimbursement should keep clear records of their expenses, and submit claims on time.
Rule 33 provides that contraventions of the 2026 Rules, or failures to comply with their requirements, are subject to the penalties specified under Section 281 of the Merchant Shipping Act, 2025.
The applicable statutory consequence must be determined by reading the relevant provision of the Act and the circumstances of the contravention.
Businesses should therefore avoid treating all violations as carrying an identical penalty.
Apart from statutory consequences, non-compliance may create practical difficulties such as:
These are potential operational implications and should not be confused with separate penalties imposed by the rules.
The notification contains forms and schedules that support the operation of the regulatory framework.
| Form or Schedule | Purpose |
| Form A | Application for issuance or renewal of an insurance or other financial security certificate |
| Form B | Certificate of insurance or other financial security for wreck-removal liability |
| Form C | Application for a duplicate insurance or financial security certificate |
| First Schedule | Claims relating to wrecks or other property in the custody of a Receiver of Wreck |
| Second Schedule | Report book and details of wreck-related transactions |
| Third Schedule | Evaluation criteria for retention of salvors |
| Fourth Schedule | Evaluation criteria for retention of marine pollution response operators |
The schedules should be read alongside their corresponding rules. They contain application details, prescribed formats and assessment criteria that may not be fully apparent from the main provisions alone.
The notification has practical implications for different participants in the shipping industry.
Impact on registered shipowners
Shipowners have a central role under the wreck-removal framework.
They need to understand their responsibility for responding to wreck incidents, maintaining applicable financial security and making appropriate arrangements for salvage and marine pollution response.
Existing insurance documents and contracts should be reviewed against the applicable legal requirements.
Impact on ship operators and vessel management companies
Operators and vessel management teams may have responsibilities relating to incident reporting and emergency coordination.
They should ensure that the information needed for a wreck report can be accessed when an incident occurs.
Communication arrangements with owners, authorities and service providers also become important when coordinating the response.
Impact on salvage companies
Salvage businesses seeking retention under the rules must consider the eligibility and assessment criteria prescribed in the Third Schedule.
Their technical resources, operational experience, qualified personnel, insurance arrangements and emergency preparedness may be relevant to the assessment.
Salvors must also maintain proper expense records where expenditure is incurred under the rules.
Impact on marine pollution response operators
Pollution response businesses are subject to an assessment framework addressing their personnel, equipment, financial records, operational facilities and emergency-response capability.
The Fourth Schedule provides the basis for evaluating applications.
Operators should carefully distinguish the mandatory requirements from preferred criteria.
Impact on port and maritime authorities
The rules also specify administrative responsibilities relating to wreck marking, removal, custody, reporting and disposal.
Relevant authorities may need to coordinate with registered owners, receivers, salvors and other service providers to manage incidents within their jurisdiction.
The following practical actions can help affected businesses review their position under the new framework.
These steps are intended to help businesses review their readiness. Whether a specific action is legally mandatory depends on the applicable provision as well as the business's circumstances.
Maritime compliance may require businesses to check vessel documents, financial security, emergency plans and the procedures they must follow under the law.
Corpseed can be approached for an assessment of the regulatory requirements relevant to a shipping business and to determine whether its available compliance assistance services are suitable for the matter.
The support provided may include checking regulatory requirements, reviewing the documents needed, and explaining the steps businesses must follow for their specific operations.
Businesses dealing with wreck-removal, salvage or marine pollution response requirements should ensure that any specialised legal, technical, insurance or operational assistance is obtained from appropriately qualified professionals.
For assistance in identifying relevant regulatory compliance requirements, businesses can visit Corpseed's official website.
The Merchant Shipping (Wreck and Salvage) Rules, 2026, set out the requirements for handling wrecks, carrying out salvage operations and defining related responsibilities in Indian waters.
The rules took effect on 23 October 2026, replacing the 1974 Rules, subject to the saving provision.
Registered shipowners and operators should pay particular attention to wreck reporting, removal responsibilities, applicable insurance or financial security certification and arrangements for salvage and marine pollution response.
Salvors and marine pollution response operators should examine the relevant eligibility criteria, operational requirements, record-keeping provisions and procedures for their retention.
The notification also prescribes government fees for insurance certificates, procedures for wreck-related claims and disposal, compensation provisions, and a mechanism for resolving disputes.
Affected businesses should review the provisions relevant to their activities and ensure that their documents, contracts and operational arrangements meet the applicable requirements.
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