The Marine Aids to Navigation Act, 2021.
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 1 Short title, extent and commencement.
(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 (80 of 1976).
(3) It shall come into force on such date1 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) 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 (80 of 1976).
(3) It shall come into force on such date1 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.
1. 31st March, 2022, vide notification No. S.O.1202(E), dated 17th March, 2022, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).
Section 2 Definitions.
(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;
(c) “Director General” means the Director General of Aids to Navigation appointed 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 (15 of 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 Act, 1963 (54 of 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 (44 of 1958), shall have the same meanings respectively assigned to them in that Act.
(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;
(c) “Director General” means the Director General of Aids to Navigation appointed 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 (15 of 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 Act, 1963 (54 of 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 (44 of 1958), shall have the same meanings respectively assigned to them in that Act.
Section 3 Power to designate general aid to navigation.
The Central Government may, by notification in the Official Gazette, designate any aid to navigation to be a general aid to navigation.
Section 4 Appointment of Director General, Deputy Director Generals and Directors.
(1) The Central Government shall, by notification in the Official Gazette, appoint,—
(a) the Director General;
(b) Deputy Director Generals; and
(c) Directors for districts.
(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.
(a) the Director General;
(b) Deputy Director Generals; and
(c) Directors for districts.
(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.
Section 5 Duties of Director General.
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.
Section 6 Central Advisory Committee.
(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
(c) variations to any aid to navigation or of the mode of use thereof; 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.
(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.
(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
(c) variations to any aid to navigation or of the mode of use thereof; 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.
(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.
Section 7 Proceedings of Central Advisory Committee not to be invalidated.
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 7
(c) any irregularity in its procedure not affecting the merits of the case.
(a) any vacancy in, or any defect in its constitution; or
(b) any defect in appointment of a person acting as its member; or 7
(c) any irregularity in its procedure not affecting the merits of the case.
Section 8 Management of general aids to navigation.
The development, maintenance and management of all general aids to navigation shall be vested in the Central Government.
Section 9 Powers of Central Government relating to aids to navigation.
(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;
(c) alter or vary 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
(a) establish and maintain aids to navigation;
(b) add to, alter or remove any aid to navigation;
(c) alter or vary 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
Section 10 Management of vessel traffic services.
(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.
(2) For the purposes of sub-section (1), the Central Government may, by order, authorise any person as vessel traffic service provider.
Section 11 Powers of Central Government relating to vessel traffic services.
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;
(b) accredit and approve vessel traffic service training and certification;
(c) establish and operate vessel traffic services, where it deems necessary;
(d) add to or alter or require any person to add to or alter any aspect of a vessel traffic service.
(a) declare and authorise vessel traffic service provider to operate a vessel traffic service within an authorised area;
(b) accredit and approve vessel traffic service training and certification;
(c) establish and operate vessel traffic services, where it deems necessary;
(d) add to or alter or require any person to add to or alter any aspect of a vessel traffic service.
Section 12 Competent Authority for Vessel Traffic Services.
(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.
(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.
Section 13 Standards for establishment and operation of vessel traffic services.
The standards for establishing and operating vessel traffic services in India shall be such, as may be prescribed.
Section 14 Power to inspect local aids to navigation.
(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.
(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.
Section 15 Control of local aids to navigation by Central Government.
(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 months 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
(c) fails to make adequate financial provision for the performance of any such duty,
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.
(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 months 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
(c) fails to make adequate financial provision for the performance of any such duty,
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.
Section 16 Management of local aids to navigation by Central Government.
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.
Section 17 Power of Central Government to remove or alter obstructions to aids to navigation.
(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.
(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.
Section 18 Power of Central Government to train and certify operators of aids to navigation and vessel traffic services.
(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.
(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.
Section 19 Certification.
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.
Section 20 Accreditation of training organisations.
(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.
(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.