Babu Rajeev Committee

The C. Babu Rajeev Committee was established by the Ministry of Surface Transport, Government of India, to conduct a comprehensive review of maritime legislation in the country. Its primary purpose was to modernise and consolidate the existing port laws, notably the Indian Ports Act, 1908, and the Major Ports Act, 1963, in order to reflect contemporary developments in the maritime and port sectors.

Background

India’s maritime sector has long been governed by two major legislations: the Indian Ports Act of 1908, enacted during the colonial period, and the Major Ports Act of 1963, which was framed after independence. Over time, significant changes occurred in global shipping, port management, logistics, and international maritime conventions. These transformations exposed the limitations of the existing Acts, which were increasingly viewed as outdated in addressing modern challenges such as privatisation, security, environmental sustainability, and technological advancement.
In response, the Government of India set up the C. Babu Rajeev Committee to reassess these statutes in the context of a liberalised economy and to propose reforms that could better support efficiency, governance, and competitiveness in the Indian port system.

Terms of Reference

The committee’s terms of reference were designed to ensure a thorough examination of the legislative framework governing ports in India. The major objectives included:

• Identifying provisions in the existing laws that had become redundant or obsolete due to changes in maritime practices and technology.
• Determining which provisions remained relevant and effective, and suggesting amendments to align them with present-day requirements.
• Exploring the feasibility of integrating the two Acts—the Indian Ports Act, 1908, and the Major Ports Act, 1963—into a single, comprehensive statute that could cover both major and minor ports uniformly.
• Addressing new challenges in port administration, including environmental standards, private participation, and international safety codes.

Key Recommendations

The C. Babu Rajeev Committee submitted its report in November 1999 to the Ministry of Surface Transport. Among its most notable recommendations were:

• The creation of a unified ports legislation, replacing both existing Acts to remove duplication and improve legal clarity.
• The introduction of the Indian Ports Bill, which would consolidate the regulatory framework for all Indian ports under a single statute.
• Incorporation of modern maritime safety and security measures such as the International Ship and Port Facility Security (ISPS) Code.
• Streamlining of administrative procedures to enhance efficiency, with clearly defined powers for the Central Government over port limits and jurisdiction.
• Establishment of uniform recruitment and service rules for officials in major ports to promote consistency and transparency in management.
• Provisions for better coordination between central and state authorities concerning the development and regulation of ports.

Significance

The recommendations of the committee were highly significant for India’s maritime governance. Ports are vital components of the country’s economic infrastructure, facilitating nearly 95 per cent of India’s foreign trade by volume. The proposed reforms aimed to modernise governance, improve port competitiveness, attract private investment, and align national legislation with international maritime standards.
The committee’s vision of a single, modern statute was intended to simplify regulatory compliance, promote transparency, and eliminate ambiguities between central and state jurisdictions. By reducing administrative fragmentation, the reforms also sought to create a conducive environment for innovation and growth in port operations.

Implementation and Impact

Following the submission of the committee’s report, the Ministry initiated steps to draft a new comprehensive law, which eventually led to the draft Indian Ports Bill, 2011. This Bill incorporated several recommendations of the Babu Rajeev Committee, such as security measures, modern governance models, and clearer regulatory powers.
However, despite these developments, the legislative consolidation process has been slow. The Indian Ports Act, 1908, and the Major Ports Act, 1963, continue to remain in effect in large measure, pending the full enactment of a new law. Nevertheless, the committee’s report has served as a guiding framework for subsequent policy discussions and legislative initiatives in the port sector.

Criticism and Limitations

While the committee’s work was widely recognised, certain criticisms have been raised regarding its practical impact. These include:

• Delayed implementation, which limited the immediate benefits of the proposed reforms.
• The need for further updating to reflect new challenges such as digitalisation, automation, environmental sustainability, and climate resilience in port operations.
• Concerns about the balance of power between central and state governments, especially in the management of minor ports.
• A perceived lack of focus on public-private partnership models, which have since become crucial in port infrastructure development.