THE MARINE AIDS TO NAVIGATION ACT, 2021

NO. 20 OF 2021

[31st July, 2021.]

An Act to provide for the development, maintenance and management of aids to

navigation in India; for training and certification of operator of aids to navigation,

development of its historical, educational and cultural value; to ensure

compliance with the obligation under the maritime treaties and international

instruments to which India is a party and for matters connected therewith or

incidental thereto.

WHEREAS India is signatory to maritime treaties and international instruments such as

International Convention for the Safety of Life at Sea, 1974, as amended; and International

Association of Marine Aids and Lighthouse Authorities Maritime Buoyage System;

AND WHEREAS it is considered necessary to give effect to the said treaties and

instruments which, inter alia, provide for aids to navigation, vessel traffic services and

marking of wrecks;

AND WHEREAS it is necessary to provide for and create a framework for the development,

maintenance and management of vessel traffic services in India; training and certification of

operators of aids to navigation; and the development of the historical educational and

cultural value of aids to navigation;

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 1

PART II — Section 1

izkf/kdkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lañ 32] ubZ fnYyh] 'kfuokj] tqykbZ 31] [email protected] 9] 1943 ¼'kd½

No. 32]

NEW DELHI, SATURDAY, JULY 31, 2021/SRAVANA 9, 1943 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

Separate paging is given to this Part in order that it may be filed as a separate compilation.

xxxGIDHxxx

xxxGIDExxx

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21

REGISTERED NO. DL—(N)04/0007/2003—21

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2nd August, 2021/ Sravana 11, 1943 (Saka)

The following Act of Parliament received the assent of the President on the

31st July, 2021, and is hereby published for general information:—

सी.जी.-डी.एल.-अ.-02082021-228683

CG-DL-E-02082021-228683

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

AND WHEREAS it is further necessary to create a framework for the levy and collection

of marine aids to navigation dues to discharge the sovereign functions of development,

maintenance and management of aids to navigation and vessel traffic services in India by

Government, and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Marine Aids to Navigation Act, 2021.

(2) It extends to the whole of India including the maritime zones of India as

specified in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other

Maritime Zones Act, 1976.

(3) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint; and different dates may be appointed for different provisions

of this Act and any reference in any such provision to the commencement of this Act shall be

construed as a reference to the coming into force of that provision.

2. (1) In this Act, unless the context otherwise requires,––

(a) “accredited training organisation” means any organisation which is accredited

by the Central Government under section 20;

(b) “aid to navigation” means a device, system or service, external to vessels,

designed and operated to enhance safe and efficient navigation of individual vessels and

vessel traffic, but shall not be construed to include a reference to vessel traffic services,

unless otherwise specified;

under section 4;

(d) “district” means an area demarcated as a district for the purposes of this Act

under sub-section (1) of section 4;

(e) “general aid to navigation” means any aid to navigation, which the Central

Government may, by notification in the Official Gazette, declare to be a general aid to

navigation for the purposes of this Act;

(f) “heritage lighthouse” means an aid to navigation designated as such under

section 23;

(g) “local aid to navigation” means any aid to navigation which is not a general aid

to navigation;

(h) “local authority” means a State Government or other person having

superintendence and management over a local aid to navigation;

(i) “marine aids to navigation dues” means the dues levied under section 24;

(j) “notification” means a notification published in the Official Gazette of India and

the expression “notify” with its grammatical variation and cognate expressions shall be

construed accordingly;

(k) “owner” means the owner of a vessel including its registered owner, a person

to whom a share in the vessel belongs, bareboat charterer, manager and operator of the

vessel;

(l) “port” means any port as defined in the Indian Ports Act, 1908;

(m) “prescribed” means prescribed by rules made under this Act;

(n) “proper officer” in relation to any functions to be performed under this Act,

means the officer of customs who is assigned those functions by the Central Board of

Indirect Taxes and Customs constituted under the Central Boards of Revenue

Short title,

extent and

commencement.

Definitions.

80 of 1976.

15 of 1908.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

Act, 1963, and includes any person appointed by the Central Government to discharge

the functions of a proper officer under this Act;

(o) “rule” means rules made by the Central Government under this Act;

(p) “ship” includes a sailing vessel;

(q) “vessel” includes every description of water craft used or capable of being

used in the marine environment, such as ship, boat, sailing vessel, fishing vessel,

submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts,

wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units

or mobile offshore units;

(r) “vessel traffic service” means a service implemented under this Act to improve

the safety and efficiency of vessel traffic and to protect the environment.

(2) Words and expressions used but not defined in this Act, and defined in the Merchant

Shipping Act, 1958, shall have the same meanings respectively assigned to them in that Act.

CHAPTER II

DESIGNATION OF GENERAL AID TO NAVIGATION

3. The Central Government may, by notification in the Official Gazette, designate any

aid to navigation to be a general aid to navigation.

CHAPTER III

DIRECTOR GENERAL OF AIDS TO NAVIGATION

4. (1) The Central Government shall, by notification in the Official Gazette, appoint,––

(a) the Director General;

(b) Deputy Director Generals; and

(2) For the purposes of sub-section (1), the Central Government may demarcate such

areas to be districts.

(3) Every officer appointed under sub-section (1) shall discharge his functions under

the general superintendence and control of the Director General.

5. The Director General shall advise the Central Government on matters relating to aids

to navigation and perform such other duties as may be prescribed by the Central Government

under this Act or in any other law for the time being in force.

6. (1) The Central Government shall, by notification in the Official Gazette, appoint a

Central Advisory Committee.

(2) The Central Government shall consult the Central Advisory Committee in regard

to—

(a) the establishment or position of aids to navigation or of any works

appertaining thereto; or

(b) additions to or the alteration or removal of, any aid to navigation; or

(d) the cost of any proposal relating to aids to navigation; or

(e) appointment of any sub-committee under sub-section (3); or

(f) the making or alteration of any rules or rates of marine aids to navigation dues

under this Act.

(3) The Central Government may, if it deems necessary, appoint sub-committees for the

purposes of advising it in regard to any of the matters specified under this Act.

54 of 1963.

44 of 1958.

Power to

designate

general aid to

navigation.

Appointment

of Director

General,

Deputy

Director

Generals and

Directors.

Duties of

Director

General.

Central

Advisory

Committee.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(4) The Central Advisory Committee and the sub-committees referred to in

sub-section (3) shall consist of such persons representing the interests affected by this Act

or having special knowledge of the subject matter thereof.

(5) The procedure and conduct of business of the Central Advisory Committee and the

sub-committees referred to in sub-section (3) shall be such as may be prescribed.

7. No act or proceeding of the Central Advisory Committee shall be invalidated merely

by reason of—

(a) any vacancy in, or any defect in its constitution; or

(b) any defect in appointment of a person acting as its member; or

CHAPTER IV

MANAGEMENT OF GENERAL AIDS TO NAVIGATION

8. The development, maintenance and management of all general aids to navigation

shall be vested in the Central Government.

9. (1) The Central Government, shall have the following powers relating to the

development, maintenance and management of general aids to navigation, namely:––

(a) establish and maintain aids to navigation;

(b) add to, alter or remove any aid to navigation;

(d) authorise to inspect any aid to navigation which may affect the safety of

navigation;

(e) authorise to enter any property, whether public or private, for the purposes of

inspection of any aid to navigation;

(f) transport, or cause to be transported, any goods through any property, whether

public or private, for any purpose in connection with––

(i) the maintenance of an aid to navigation; or

(ii) the establishment of any aid to navigation;

(g) acquire any land as may be necessary for the purposes of this Act—

(i) to exercise its powers; or

(ii) for the maintenance of works.

(2) The Central Government shall, for the purposes of exercising its powers under

sub-section (1), authorise any of the officers referred to in sub-section (1) of section 4, by

general or special order in writing.

CHAPTER V

MANAGEMENT OF VESSEL TRAFFIC SERVICES

10. (1) The development, maintenance and management of vessel traffic services shall

be vested in the Central Government.

(2) For the purposes of sub-section (1), the Central Government may, by order, authorise

any person as vessel traffic service provider.

11. The Central Government, shall have the following powers relating to the

development, maintenance and management of vessel traffic services, namely:––

(a) declare and authorise vessel traffic service provider to operate a vessel

traffic service within an authorised area;

Proceedings

of Central

Advisory

Committee

not to be

invalidated.

Management

of general aids

to navigation.

Powers of

Central

Government

relating to

aids to

navigation.

Management

of vessel

traffic

services.

Powers of

Central

Government

relating to

vessel traffic

services.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) accredit and approve vessel traffic service training and certification;

(d) add to or alter or require any person to add to or alter any aspect of a vessel

traffic service.

12. (1) The Central Government shall, for the purposes of exercising its powers under

section 11, appoint a Competent Authority for Vessel Traffic Services by notification in the

Official Gazette.

(2) The manner of appointment of the Competent Authority shall be such as may be

prescribed.

(3) The Competent Authority shall discharge such functions in such manner, as may

be prescribed.

13. The standards for establishing and operating vessel traffic services in India shall

be such, as may be prescribed.

CHAPTER VI

INSPECTION AND MANAGEMENT OF LOCAL AIDS TO NAVIGATION

14. (1) The Central Government may authorise any officer referred to in sub-section (1)

of section 4 in writing, to enter upon at any time and inspect any local aid to navigation and

make such inquiries in respect thereof or of the management thereof as such officer thinks fit.

(2) Every person having the charge of, or concerned in the management of, any local

aid to navigation shall furnish to the officer authorised under sub-section (1) to inspect such

aid to navigation, all such information as the officer may require.

(3) Every local authority shall furnish to the Central Government all such returns and

other information in respect of the aids to navigation under its supervision and management,

or of any of them, as the Central Government may require.

15. (1) If the Central Government is satisfied, after an inspection under section 14 or

such other inquiry, that a direction under this sub-section is necessary or expedient for the

safety, or otherwise, in the interests of vessels, it may direct any local authority––

(a) to remove or discontinue or to refrain from moving or discontinuing any aid

to navigation under its superintendence and management or to make or refrain from

making any variation in the character or mode of use of any such aid to navigation; or

(b) to erect, place or maintain, or to refrain from erecting, placing or maintaining

any aid to navigation within the local limits within which the local authority exercises

its powers.

(2) A local authority shall not erect, place, remove or discontinue any aid to navigation

or vary the character or mode of use of any aid to navigation, unless it has given to the

Central Government at least one month’s notice in writing of its intention so to do:

Provided that, in cases of emergency, a local authority may take such action as it

deems necessary and shall give immediate notice of the same to the Central Government and,

so far as is possible, to all vessels approaching or in the vicinity of such aid to navigation.

(3) If any local authority––

(a) fails to comply with any direction made under sub-section (1); or

(b) fails to exercise or perform, or exercises or performs in an improper, inefficient

or unsuitable manner, any power or duty relating to the superintendence or management

of any aid to navigation conferred or imposed upon it by or under any law for the time

being in force; or

duty,

Competent

Authority for

Vessel Traffic

Services.

Standards for

establishment

and operation

of vessel

traffic

services.

Power to

inspect local

aids to

navigation.

Control of

local aids to

navigation by

Central

Government.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

the Central Government may, by order in writing, require such local authority to comply with

the direction, or to make arrangements to the satisfaction of that Government for the proper

exercise of the power or performance of the duty, or to make financial provision to the

satisfaction of that Government for the performance of the duty, as the case may be, within

such period as it may specify.

(4) If the local authority fails to comply with an order made under sub-section (3)

within the specified period or within such further time as the Central Government may allow,

the Central Government may exercise the power or perform the duty or make the requisite

financial provision, as the case may be, and the local authority shall be liable to reimburse to

the Central Government any expenditure incurred by it in so doing.

16. The Central Government may, at the request of a local authority, undertake the

superintendence and management of any local aids to navigation on its behalf, and the local

authority shall pay to the Central Government such sums to defray the cost of superintendence

and management, as may be agreed.

CHAPTER VII

OBSTRUCTION TO FUNCTIONING OF AIDS TO NAVIGATION

17. (1) The Central Government may, by notification in the Official Gazette, specify

restrictions on activities that interfere with or obstruct the operation of any aid to navigation

within the specified distance of such aid to navigation.

(2) Notwithstanding anything contained in any other law for the time being in force,

where the functioning of any aid to navigation or vessel traffic service is being obstructed,

directly or indirectly, the Central Government may, if it deems fit, issue such directions as may

be necessary for the removal or alteration of such obstruction.

CHAPTER VIII

TRAINING AND CERTIFICATION

18. (1) No person shall be allowed to operate or work on, including any ancillary

activities as may be prescribed, any aid to navigation in any place unless he holds a valid

training certificate certifying that such person has been trained in the operation of such aid

to navigation.

(2) No person shall be allowed to operate or work on, including any ancillary activities

as may be prescribed, a vessel traffic service in any place unless he holds a valid training

certificate certifying that such person has been trained in the operation of vessel traffic

services.

(3) A certificate of training issued under this Act shall be valid and effective throughout

the territory of India.

19. A certificate mentioned in sub-sections (1) and (2) of section 18 shall be issued by

an accredited training organisation referred to in section 20, in such form, subject to such

conditions and in such manner, as may be prescribed.

20. (1) The Central Government shall accredit training organisations for imparting

training to, or conduct assessments of, persons in the operation of aids to navigation and

vessel traffic services.

(2) The Central Government shall accredit such training organisations which meet the

criteria, as may be prescribed, for imparting training to trainees or conduct assessment of

persons in the operation of aids to navigation and vessel traffic services.

CHAPTER IX

MARKING OF WRECKS

21. The Central Government may, if considers necessary, give directions to any officer

referred to in sub-section (1) of section 4 to mark any wreck in such manner as may be

prescribed.

Management

of local aids

to navigation

by Central

Government.

Power of

Central

Government

to remove or

alter

obstructions

to aids to

navigation.

Power of

Central

Government to

train and

certify

operators of

aids to

navigation and

vessel traffic

services.

Certification.

Accreditation

of training

organisations.

Marking of

wrecks.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

22. The cost for marking the wreck shall be borne by or recovered from the owner or

the operator of such vessel in such manner as may be prescribed.

CHAPTER X

DEVELOPMENT OF HERITAGE LIGHTHOUSES

23. (1) The Central Government may, by notification in the Official Gazette, designate

any aid to navigation under its control as a heritage lighthouse.

(2) The Central Government shall develop the heritage lighthouses designated under

sub-section (1), in addition to their function as aids to navigation or otherwise, for educational,

cultural and tourism purposes, in such manner as may be prescribed.

CHAPTER XI

MARINE AIDS TO NAVIGATION DUES

24. (1) There shall be levied and collected the marine aids to navigation dues, at such

rates, as the Central Government may, by notification in the Official Gazette, specify from time

to time.

(2) The marine aids to navigation dues levied under sub-section (1) shall be collected

by the proper officer in respect of every ship arriving at or departing from any port in India,

from such person, in such manner and at such time, as may be prescribed.

(3) The proceeds of the marine aids to navigation dues collected shall be credited to

the Consolidated Fund of India in such manner as may be prescribed.

(4) Every owner causing any ship to arrive at or depart from any port in India shall,

self-assessing its liability to pay dues, file a return before the proper officer in such form and

manner, as may be prescribed.

25. The marine aids to navigation dues levied under this Act shall be utilised for

fulfilling the obligations and carrying out the purposes of this Act.

26. (1) The owner shall credit the marine aids to navigation dues into the account of

the Central Government in such manner as may be prescribed.

(2) The payment of marine aids to navigation dues shall be verified by the proper

officer in respect of––

(a) the port at which the marine aids to navigation dues has been paid;

(b) the amount of the payment;

(d) the name, tonnage and other proper description of the ship in respect of

which the payment is made,

for the purpose of granting clearance.

27. (1) The proper officer to whom the return has been furnished under sub-section (4)

of section 24 shall, after making or causing to be made such inquiry as he thinks fit and after

satisfying himself that the particulars stated in the return are correct, by order, assess the

amount of marine aids to navigation dues payable by the owner or the master of the ship.

(2) If the return has not been furnished to the proper officer under sub-section (4) of

section 24, he shall, after making or causing to be made such inquiry as he thinks fit, by order,

assess the amount of marine aids to navigation dues payable by the owner or the master of

the ship.

(3) For the purposes of levy of marine aids to navigation dues, the tonnage of a ship or

sailing vessel shall be reckoned as under the Merchant Shipping Act, 1958, for such dues

payable on a ship’s tonnage including the tonnage of any space added under the said Act to

the tonnage of ships by reason of such space being utilised for carrying cargo.

(4) In order to ascertain the tonnage of any ship for the purpose of levying marine aids

to navigation dues, the proper officer may, if he deems it fit, require the production of any

Reimbursement

for marking

wrecks.

Power of

Central

Government

to designate

any aid to

navigation as

heritage

lighthouse.

Levy and

collection of

marine aids to

navigation

dues.

Utilisation of

marine aids to

navigation

dues.

Receipts

relating to

marine aids to

navigation

dues and their

verification.

Assessment of

marine aids to

navigation

dues and

ascertainment

of tonnage.

44 of 1958.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

documents, the appearance of any person and the inspection of any vessel, in such manner

as may be prescribed.

28. (1) If the owner of any ship refuses or neglects to pay the amount of marine aids to

navigation dues payable under this Act in respect of the ship, the proper officer may seize

the ship along with its equipment or any part thereof, and detain the same until the amount

of the marine aids to navigation dues, together with the costs of the seizure and detention is

paid.

(2) If any part of such marine aids to navigation dues remains unpaid after the expiry of

thirty days following the date of the seizure, the proper officer may cause the ship or other

thing seized to be sold, and with the proceeds of the sale may satisfy the marine aids to

navigation dues remaining unpaid, together with the costs of the sale and shall repay the

surplus, if any, to the person by whom the same were payable.

29. The officer whose duty it is to grant a port clearance for any ship shall not grant the

port clearance until the amount of marine aids to navigation dues payable in respect of the

ship under this Act and of any fines imposed thereunder has been paid, or until security for

the payment thereof has been given to his satisfaction.

30. If any dispute arises as to whether marine aids to navigation dues, expenses or

costs are payable in respect of any ship under this Act or as to the amount of such dues,

expenses or costs, such dispute shall, on an application made in this behalf by either of the

disputing parties, be heard and determined by a civil court having jurisdiction at the place

where the dispute arose.

31. (1) If the master of any ship in respect of which marine aids to navigation dues is

payable at any port causes the ship to leave such port without having paid such dues, the

proper officer at that port may, by writing, require the proper officer at any other port in India

to which the ship may proceed, to recover the marine aids to navigation dues remaining

unpaid.

(2) Any proper officer to whom such a requisition is directed, shall proceed to levy

such sum as if it were payable under this Act at the port at which he is the proper officer, and

a certificate by the proper officer at the port at which the marine aids to navigation dues first

became payable, stating the amount payable, shall be sufficient proof in any proceeding

under this Act that such amount is payable.

32. The Central Government may, by notification in the Official Gazette, exempt—

(a) any ship belonging to the Central Government or any State Government,

which is not carrying cargo or passengers for freight or fares; or

(b) any other ship, or classes of ships or ships performing specified voyages,

from the payment of marine aids to navigation dues either wholly or to such extent as may be

specified in that notification.

33. Where the marine aids to navigation dues has been paid in respect of any ship in

excess of the amount payable under this Act, no claim to refund of such excess payment shall

be admissible, unless it is made within six months from the date of such payment.

34. The fees to be charged for providing assistance to ships for rendering special

services to vessels shall be at such rates as may be prescribed.

CHAPTER XII

FINANCE, ACCOUNTS AND AUDIT

35. The Central Government shall cause to be maintained a separate account of all

amounts received by way of marine aids to navigation dues, expenses, costs and fines under

this Act and of all expenditure incurred for the purposes of this Act, and shall cause such

account to be laid before the Central Advisory Committee, as soon as possible after the close

of each financial year.

36. (1) The Central Government shall cause to be laid before the Central Advisory

Committee before the close of each financial year a statement of the estimated receipts under,

Recovery of

marine aids to

navigation

dues.

Refusal of

port

clearance.

Determination

of disputes as

to liability for

payment.

Marine aids to

navigation

dues payable

at one port

recoverable at

another.

Exemption.

Refund of

excess

payments.

Fees.

Receipt and

expenditure.

Annual

report.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

and expenditure for the purposes of this Act, during the forthcoming year.

(2) The statement of estimated receipts and expenditure shall be prepared in consultation

with the Comptroller and Auditor-General of India, in such manner as may be prescribed.

CHAPTER XIII

OFFENCES AND PENALTIES

37. (1) Whoever, intentionally commits any act or omits to do any act, which results in

obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or

vessel traffic service, shall be liable to imprisonment for a term which may extend up to six

months or with fine which may extend up to one lakh rupees, or with both.

(2) Notwithstanding anything contained in sub-section (1), no person shall be liable

for punishment, if that––

(a) act or omission was necessary to save a life or a vessel; and

(b) such person took all reasonable steps to avoid the obstruction, reduction or

limitation.

38. (1) Whoever, negligently commits any act or omits to do any act, which results in

obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or

vessel traffic service, shall be liable to imprisonment for a term which may extend up to three

months or with fine which may extend up to fifty thousand rupees, or with both.

(2) Notwithstanding anything contained in sub-section (1), no person shall be liable

for punishment, if that––

(a) act or omission was necessary to save a life or a vessel; and

(b) such person took all reasonable steps to avoid the obstruction, reduction or

limitation.

39. (1) Whoever, intentionally commits any act or omits to do any act, which results in

damage to or destruction of any aid to navigation or vessel traffic service, shall be liable to

imprisonment for a term which may extend up to twelve months or with fine which may extend

up to five lakh rupees, or with both.

(2) Notwithstanding anything contained in sub-section (1), no person shall be liable

for punishment, if that––

(a) act or omission was necessary to save a life or a vessel; and

(b) such person took all reasonable steps to avoid the damage or destruction.

40. (1) Whoever, negligently commits any act or omits to do any act, which results in

damage to or destruction of any aid to navigation or vessel traffic service, shall be liable to

imprisonment for a term which may extend up to six months or with fine which may extend up

to one lakh rupees, or with both.

(2) Notwithstanding anything contained in sub-section (1), no person shall be liable

for punishment, if that––

(a) act or omission was necessary to save a life or a vessel; and

(b) such person took all reasonable steps to avoid the damage or destruction.

41. (1) Whoever, commits any act or omits to do any act, which results in damage to or

destruction of any heritage lighthouse, shall be liable to imprisonment for a term which may

extend up to six months or with fine which may extend up to one lakh rupees, or with both.

(2) Notwithstanding anything contained in sub-section (1), no person shall be liable

for punishment, if that––

(a) act or omission was necessary to save a life or a vessel; and

(b) such person took all reasonable steps to avoid the destruction, fouling,

damage, reduction or limitation.

Intentionally

obstructing

aids to

navigation or

vessel traffic

services.

Negligently

obstructing

aids to

navigation or

vessel traffic

services.

Intentionally

destroying or

damaging aids

to navigation

or vessel

traffic

services.

Negligently

destroying or

damaging aids

to navigation

or vessel

traffic

services.

Causing

damage to

heritage

lighthouse.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

42. Every owner or master of a ship, who evades or attempts to evade the payment of

marine aids to navigation dues, expenses or costs payable in respect of the ship under this

Act, shall be liable for fine, which may extend up to five times the amount of the sum so

payable.

43. Every owner or master of a ship, who fails to comply with any direction issued by

a vessel traffic service provider relating to a vessel traffic service under this Act, shall be

liable to fine which may extend up to one lakh rupees.

44. (1) No court shall take cognizance of any offence under this Act, except upon a

complaint in writing made by any officer authorised in this behalf by the Central Government.

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the

first class shall try any offence under this Act.

45. Whoever, commits any offence under this Act or any rules made thereunder, may

ordinarily be inquired into and tried by a court within whose local jurisdiction––

(a) such offence was committed; or

(b) such person may be found; or

behalf; or

(d) in any court in which he might be tried under any other law for time being in

force.

CHAPTER XIV

MISCELLANEOUS

46. (1) The Central Government may, after previous publication, make rules for carrying

out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:––

(a) duties of the Director General under section 5;

(b) procedure and conduct of business of Central Advisory Committee and

sub-committees constituted under sub-section (5) of section 6;

and its functions under sub-section (3), of section 12;

(d) standards for establishment and operation of vessel traffic services under

section 13;

(e) ancillary activities relating to aids to navigation under sub-section (1)

and ancillary activities relating to vessel traffic services under sub-section (2), of

section 18;

(f) form and manner of certificate, to be issued and the conditions subject to

which such certificate is to be issued by the accredited training organisation and

validated by the Director General under section 19;

(g) criteria for accreditation of training organisation under sub-section (2) of

section 20;

(h) manner of marking wrecks under section 21;

(i) manner of recovering cost from the owner of the vessel for marking the wreck

under section 22;

Evading

payment of

marine aids to

navigation

dues.

Non-

compliance

with

directions of

vessel traffic

service

provider.

Cognizance of

offences.

Place of trial

and

jurisdiction of

court.

Power of

Central

Government

to make rules.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(j) development of heritage lighthouses designated under sub-section (2) of

section 23;

(k) manner of, collection of marine aids to navigation dues by proper officer

levied under sub-section (2) and crediting the proceeds of the dues so collected under

sub-section (3), of section 24;

(l) form and manner of filing return under sub-section (4) of section 24;

(m) manner of payment of marine aids to navigation dues to the Central

Government under sub-section (1) of section 26;

(n) manner of production of documents, appearance of any person and inspection

of any vessel by proper officer under sub-section (4) of section 27;

(o) rates of fees for special services under section 34;

(p) form and manner of statement of estimated receipts and expenditure to be

prepared in consultation with the Comptroller and Auditor-General of India under

sub-section (2) of section 36;

(q) any other matter which is required to be, or may be, prescribed, for the

purposes of carrying out the purposes of this Act.

47. The Central Government may delegate to any of its officers all or any of the

functions and powers conferred upon it under this Act.

48. (1) Notwithstanding anything contained in this Act, the Director General shall, in the

discharge of his functions and duties under this Act, be bound by such directions on questions

of policy as the Central Government may give to him in writing from time to time.

(2) The decision of the Central Government whether a question is one of policy or not

shall be final.

49. No suit, prosecution or other proceedings shall lie against the Central Government

or any officer appointed under this Act for anything done or in good faith purporting to be

done under this Act or the rules made thereunder.

50. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order, published in the Official Gazette, make such provisions not

inconsistent with the provisions of this Act as may appear to be necessary or expedient for

removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three

years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made,

before each House of Parliament.

51. Every rule made and every notification issued under this Act shall be laid, as soon

as may be after it is made or issued, before each House of Parliament while it is in session for

a total period of thirty days which may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session immediately following the

session or the successive sessions aforesaid, both Houses agree in making any modification

in such rule, or notification or both Houses agree that the rule, should not be made or the

notification should not be issued, the rule or notification shall thereafter have effect only in

such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule or notification.

52. (1) The Lighthouse Act, 1927 is hereby repealed.

(2) Notwithstanding the repeal of the Lighthouse Act, 1927 (herein referred to as the

repealed Act),––

(a) any notification, rule, regulation, bye-law, order or exemption issued, made or

granted under the repealed Act shall, until revoked, have effect as if it had been issued,

made or granted under the provisions of this Act;

Delegation of

powers by

Central

Government.

Power of

Central

Government

to issue

directions.

Protection of

action taken

in good faith.

Power to

remove

difficulties.

Laying of

rules and

notifications

before

Parliament.

Repeal and

savings.

17 of 1927.

(b) any office established or created, officer appointed and anybody elected or

constituted under the repealed Act shall continue and shall be deemed to have been

established, created, appointed, elected, or constituted, as the case may be, under this

Act;

this Act or to the provision of this Act;

(d) any fine levied under the repealed Act may be recovered as if it had been

levied under this Act;

(e) any offence committed under the repealed Act may be prosecuted and

punished as if it had been committed under this Act;

(f) any proceeding pending before any court under the repealed Act may be tried

or disposed of under the corresponding provisions of this Act;

(g) the officers appointed under the provisions of the repealed Act and continuing

during the commencement of this Act shall continue as if they have been appointed

under this Act;

(h) any person appointed under or by virtue of the repealed Act shall be deemed

to have been appointed to that office under or by virtue of this Act;

(i) any inspection, investigation or inquiry ordered to be done under the

provisions of the repealed Act shall continue to be proceeded with as if such inspection,

investigation or inquiry was ordered to be done under the corresponding provisions

of this Act.

————

ANOOP KUMAR MENDIRATTA,

Secretary to the Govt. of India.

MGIPMRND—545GI(S3)—2-08-2021.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II— SEC. 1]

JAGANATHA

N ANANTHA

KUMAR

Digitally signed by

JAGANATHAN

ANANTHA KUMAR

Date: 2021.08.02

22:05:40 +05'30'