RTI for Ports and Shipping: DG Shipping, Major Ports, and Seafarer Disputes

India's maritime sector — ports, shipping, inland waterways, and seafarer regulation — is governed by a network of Central Government statutory bodies. India's 12 Major Port Authorities handle about half the country's maritime trade; the Directorate General of Shipping regulates the entire merchant shipping fleet and seafarer certification; the Inland Waterways Authority of India develops and manages the national waterway network; and the Shipping Corporation of India operates as a Central PSU shipping line. All of these are public authorities under the Right to Information Act, 2005. This guide explains what records they hold, how citizens — including seafarers, port-dependent communities, and shippers — can access those records, and where the boundaries between RTI-able government records and non-RTI-able private operators lie.

The Maritime Sector's Public Authorities

DGS (Directorate General of Shipping), now formally under the Ministry of Ports, Shipping and Waterways (MoPSW), is the Central Government regulator of merchant shipping in India. It operates under the Merchant Shipping Act, 1958. DGS is responsible for seafarer certification and licensing (Certificates of Competency and Certificates of Proficiency), vessel registration on the Indian Ship Register, safety surveys and inspections of Indian-flagged vessels, Port State Control inspections of foreign vessels calling at Indian ports, investigation of marine casualties, and oversight of shipping training institutes. DGS is a public authority under Section 2(h) of the RTI Act.

Major Port Authorities — constituted under the Major Port Authorities Act, 2021 (which replaced the Major Port Trusts Act, 1963) — are statutory bodies that manage India's 12 Major Ports. These are: Mumbai Port Authority, Jawaharlal Nehru Port Authority (JNPA/Nhava Sheva), Chennai Port Authority, Kolkata Port Authority, Paradip Port Authority, Visakhapatnam Port Authority, Deendayal Port Authority (Kandla), Cochin Port Authority, New Mangalore Port Authority, Mormugao Port Authority, Kamarajar Port Authority (Ennore), and Syama Prasad Mookerjee Port (Kolkata's dock complex). All are established by an Act of Parliament and are Central statutory bodies — public authorities under the RTI Act.

IWAI (Inland Waterways Authority of India) was established under the Inland Waterways Authority of India Act, 1985 by Parliament. It is responsible for the development and regulation of India's National Waterways, including the major NW-1 (Ganga), NW-2 (Brahmaputra), NW-3 (West Coast Canal), and the Jal Marg Vikas Project on NW-1. IWAI is a Central statutory body and a public authority under the RTI Act.

SCI (Shipping Corporation of India) is a Central PSU under MoPSW, operating a fleet of vessels including bulk carriers, tankers, container vessels, and offshore support vessels. As a government company, SCI is a public authority under the RTI Act.

All of these — DGS, all 12 Major Port Authorities, IWAI, and SCI — are Central Government public authorities. RTI applications are filed at rtionline.gov.in. The ₹10 fee under the RTI (Regulation of Fee and Cost) Rules, 2005 applies; BPL cardholders are exempt. Responses are due within 30 days under Section 7(1). First Appeal under Section 19(1) must be filed within 30 days. Second Appeal under Section 19(3) goes to the Central Information Commission (CIC).

Private Ports and Concessions: The Boundary and What RTI Reaches

Several of India's busiest ports are privately owned or privately operated under concession. Adani Ports and SEZ Limited operates Mundra Port (Gujarat), Hazira Port, Kattupalli Port (near Chennai), and several others. DP World operates terminals at Nhava Sheva (JNPA), Cochin, and Mundra. PSA International (Singapore) operates the NSICT terminal at JNPA. These private port companies and terminal operators are not public authorities under the RTI Act and are not directly subject to RTI obligations.

The critical qualification: where these private operators hold concessions from a Major Port Authority or operate under agreements with a Central Government body, those concession agreements are records in the custody of the government body — and are accessible via RTI to that authority.

JNPA, for example, entered into concession agreements with private terminal operators including DP World for the development and operation of container terminals. The concession agreement — including its key commercial terms, performance obligations, revenue sharing, and contract duration — is a document held by JNPA. Citizens, port users, and journalists can RTI JNPA for this document. Similarly, any performance review, compliance audit, or penalty imposed by JNPA on a private operator under its concession agreement is in JNPA's custody and is RTI-accessible.

State Maritime Boards — including the Gujarat Maritime Board, Maharashtra Maritime Board, and others — regulate minor ports in their respective states. These are state government bodies, subject to the respective State RTI provisions, and second appeals for information from them go to the relevant State Information Commission (SIC), not to the Central Information Commission.

RTI Use Case 1: Seafarer Certificate of Competency Dispute

The Certificate of Competency (CoC) is the credential that a merchant mariner must hold to serve in a licensed officer position on a vessel. DGMS (the formal name for DGS in this regulatory function) issues CoCs after candidates pass examinations conducted under the Director General's authority. Disputes arise when CoC applications are rejected, examinations are failed under contested circumstances, CoCs are suspended or revoked (for alleged misconduct or safety failures), or when endorsements for specific vessel types are denied.

RTI to DGS is a direct and effective route in these disputes. An application can ask: "Please provide the reason for the rejection/suspension/revocation of CoC application number X for name; the assessor's or examiner's report relied upon; any First Appellate order relating to this application; and any show-cause notice or inquiry report prepared in connection with a disciplinary proceeding affecting this CoC."

These are administrative and regulatory records of DGS's licensing function. They have no valid basis for exemption under Section 8 of the RTI Act. A seafarer facing CoC denial or revocation who uses RTI to obtain the decision-making record is in a much stronger position to challenge the decision through departmental appeals or in court.

RTI Use Case 2: Vessel Registration on the Indian Ship Register

DGS maintains the Indian Ship Register — the official register of vessels flying the Indian flag under the Merchant Shipping Act, 1958. Vessel registration records include the vessel's name and former names, its IMO number, its registered owner and any mortgages on the vessel, its flag history, the port of registry, and tonnage details.

RTI to DGS can be used to obtain the current registration status of a vessel: whether registration is active, has lapsed, or has been cancelled; who the registered owner of record is; whether any encumbrances are noted on the register; and the vessel's survey history. This information is relevant to shipping dispute resolution, due diligence for vessel purchases, and port authorities seeking to identify the responsible party for an unclaimed or abandoned vessel.

RTI Use Case 3: Port Land Lease and Berth Allotment

Major Port Authorities control large areas of waterfront land and berthing infrastructure that is leased to private operators, shipping lines, and industrial users. These leases are among the most commercially valuable arrangements made by the Port Authorities. Questions about the basis of allotment, the lease rate, the original contract, and the circumstances of renewal are frequently matters of public interest — particularly where there are allegations that lease terms were granted below market rate or renewed without competitive bidding.

RTI to a Major Port Authority can yield: the lease deed or concession agreement for a specific berth, terminal, or land parcel; the lease rate and the method of its determination (whether by competitive bidding or negotiation); the duration and any renewal options; the conditions attached to the lease regarding the nature of use; and any penalty or enforcement action for breach of lease conditions.

These are contractual records of a statutory port authority exercising its property management functions. Section 8(1)(d) — commercial confidence — does not protect lease records of a public authority's own assets, particularly where the commercial terms were set through a public tendering process. Even where terms were negotiated, the public nature of port land means there is a strong public interest argument for disclosure under Section 8(2).

RTI Use Case 4: Port Infrastructure Development Projects

Major Ports undertake major capital expenditure for new berths, dredging, container terminals, coal jetties, and other infrastructure. These contracts are awarded through public tender and represent significant public expenditure from port earnings and sometimes from government grants.

RTI to a Major Port Authority for a specific development project can obtain: the Detailed Project Report (DPR); the tender details and process; the winning contractor and contract value; the current construction status and timeline; any cost revision orders and their basis; and compliance with environmental clearance conditions. Where projects are substantially over budget or delayed, RTI provides the documentary basis for understanding what happened and what accountability mechanisms were applied.

RTI Use Case 5: Cargo Clearance Delays at Port

When cargo is detained or delayed at a port, the causes may lie with the port authority, with the customs department (CBIC — Central Board of Indirect Taxes and Customs), or with both. The customs-side causes — examination orders, detention for suspected mis-declaration, documentary deficiencies under the Customs Act — are accessed via RTI to the jurisdictional Customs Commissionerate under CBIC. The port-side causes — unavailability of slots, berth congestion, equipment failures, administrative hold — are accessed via RTI to the relevant Major Port Authority or, for minor ports, the port operator or state maritime board.

A well-managed RTI strategy for a significant cargo detention would involve parallel applications to both bodies: to the Customs CPIO asking for the detention order, the examining officer's report, and the basis for any continued hold; and to the Port Authority asking for the documentation of any port-side detainer. This dual-track approach creates a complete documentary record and places accountability precisely where it belongs.

RTI Use Case 6: IWAI National Waterway Projects

IWAI manages the development of India's national waterway network. The flagship Jal Marg Vikas Project on NW-1 (the Ganga), largely funded by World Bank assistance, is the most prominent current project. Other National Waterways in the northeast, on the West Coast, and in other regions are at various stages of development.

RTI to IWAI — which is a Central statutory body, so second appeals go to the CIC — can yield: the contract details (contractor name, contract value, awarded date, scope of work) for a specific civil works package on a waterway project; the completion timeline and current progress; any dispute or arbitration proceedings arising from the contract; the environmental clearance conditions for waterway development in ecologically sensitive stretches; and the ferry and passenger terminal development plans for specific locations.

IWAI's work has direct impact on communities living along waterways — both in terms of the benefits of waterway development and in terms of the disruption caused by dredging, embankment construction, and changes to river flow patterns. RTI is an appropriate mechanism for communities to access project information that affects them.

RTI Use Case 7: Marine Casualty Investigation

DGS investigates marine casualties and serious incidents involving Indian-flagged vessels and, in some cases, foreign vessels in Indian waters. The investigation process leads to a formal inquiry report identifying causes, attributing responsibility, and making safety recommendations.

These reports are significant documents: they identify failures in vessel safety systems, in crew training, or in company safety management systems. Where a casualty involves loss of life, the investigation report is relevant to the families of victims, to seafarers' unions, and to the shipping industry.

RTI to DGS for the formal inquiry report following a marine casualty involving vessel name on date is a legitimate and important use of the RTI Act. DGS has published some investigation reports. Where a report is not proactively published, RTI is the route. Section 8(1)(a) is not validly applicable to a civilian shipping accident investigation — there is no national security dimension. Section 8(1)(d) is not validly applicable because DGS conducted the investigation in its regulatory capacity, not as a party in a commercial transaction.

RTI Use Case 8: Port Tariff and TAMP Orders

Port tariffs — what shippers and shipping lines pay for berth usage, container handling, storage, and port services — at Major Ports were historically regulated by TAMP (Tariff Authority for Major Ports). The Major Port Authorities Act, 2021 substantially reformed this, giving Major Port Authority boards more authority to set their own tariffs under a framework regulation. However, TAMP orders for earlier periods remain on record, and tariff-related regulatory records for current arrangements are held by both TAMP and the individual port authorities.

RTI to TAMP (which still exists as a regulatory body) or to the relevant port authority for the current tariff order for a specific service category (container handling, bulk cargo, liquid cargo, vessel-related charges) at a specific port is useful for shippers seeking to verify they are being charged correctly, for researchers studying port competitiveness, and for parties in tariff disputes.

Practical Guidance for Maritime RTI

Identify the correct authority before filing. DGS handles seafarer licensing, vessel registration, and marine casualty investigation. Major Port Authorities handle port land, berths, infrastructure, and concession management. IWAI handles national waterway development. SCI handles its own fleet operations and personnel management as a PSU. Filing with the wrong body leads to transfer under Section 6(3); knowing the right body from the start saves time.

Seafarers face a particularly important practical point. A seafarer whose CoC is in dispute has limited time to respond to DGS decisions and proceedings. Filing RTI early — for the decision record, the examiner's report, and the evidentiary basis for any disciplinary action — creates the information base needed for a timely First Appeal or court challenge. Section 19(1)'s 30-day timeline for First Appeal runs from the date of the decision, not from when you learn the reasons for it. RTI to get the reasoning on record is urgent in seafarer disputes.

The private ports boundary is practically important. If you are seeking information about Adani Mundra Port, you cannot RTI Adani Ports directly. But if Mundra falls under a concession or licence from the Gujarat Maritime Board (a state body) or if Adani holds a licence from any Central Government body for specific activities, you can RTI those bodies for the licence/concession terms. Similarly, for private terminal operators at Major Ports, you can RTI the relevant Major Port Authority for the concession agreement.

Section 6(2) of the RTI Act provides explicitly that applicants are not required to give reasons for seeking information. A seafarer, shipper, or community member need not justify their interest in port or shipping regulatory records.

Filing Your Ports and Shipping RTI Application

DGS, all 12 Major Port Authorities (Mumbai, JNPA, Chennai, Kolkata, Paradip, Visakhapatnam, Deendayal, Cochin, New Mangalore, Mormugao, Kamarajar, and Syama Prasad Mookerjee Port), IWAI, and SCI are all Central Government public authorities. RTI applications to all of them are filed at rtionline.gov.in. The ₹10 fee under the RTI (Regulation of Fee and Cost) Rules, 2005 applies; BPL cardholders are exempt. Information is also free of charge where the CPIO fails to respond within the 30-day deadline under Section 7(5) of the RTI Act.

First Appeal under Section 19(1) must be filed within 30 days of the date of decision or expiry of the response period, before the body's First Appellate Authority. Second Appeal under Section 19(3) goes to the Central Information Commission. A CPIO who wilfully refuses information that should have been provided may face a penalty under Section 20 of the RTI Act — ₹250 per day, up to ₹25,000.

For state maritime bodies — state Maritime Boards, state-controlled minor ports — RTI goes to the respective State Government CPIO, and Second Appeal lies with the relevant State Information Commission, not the CIC.

India's ports and shipping sector involves the movement of hundreds of millions of tonnes of cargo and the careers and livelihoods of hundreds of thousands of seafarers. The public authorities that regulate this sector hold records of profound significance to shippers, seafarers, port communities, and investors. The RTI Act makes those records accessible.

DGS, India's 12 Major Port Authorities, IWAI, and SCI are Central Government public authorities. RTI applications are filed at rtionline.gov.in, with the Central Information Commission (CIC) as the second appeal authority. If you are preparing an RTI application about a seafarer dispute, port land lease, marine casualty investigation, or waterway project, RTISathi.com provides guides and sample formats for Central Government RTI applications.