The Marine Aids to Navigation Act, 2021.
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 21 Marking of wrecks.
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.
Section 22 Reimbursement for marking wrecks.
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.
Section 23 Power of Central Government to designate any aid to navigation as heritage lighthouse.
(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.
(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.
Section 24 Levy and collection of marine aids to navigation dues.
(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.
(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.
Section 25 Utilisation of marine aids to navigation dues.
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.
Section 26 Receipts relating to marine aids to navigation dues and their verification.
(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;
(c) the date on which the marine aids to navigation dues became payable; and
(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.
(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;
(c) the date on which the marine aids to navigation dues became payable; and
(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.
Section 27 Assessment of marine aids to navigation dues and ascertainment of tonnage.
(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 (44 of 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 documents, the appearance of any person and the inspection of any vessel, in such manner as may be prescribed.
(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 (44 of 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 documents, the appearance of any person and the inspection of any vessel, in such manner as may be prescribed.
Section 28 Recovery of marine aids to navigation dues.
(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.
(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.
Section 29 Refusal of port clearance.
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.
Section 30 Determination of disputes as to liability for payment.
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.
Section 31 Marine aids to navigation dues payable at one port recoverable at another.
(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.
(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.
Section 32 Exemption.
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.
(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.
Section 33 Refund of excess payments.
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.
Section 34 Fees.
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.
Section 35 Receipt and expenditure.
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.
Section 36 Annual report.
(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, 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.
(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.
Section 37 Intentionally obstructing aids to navigation or vessel traffic services.
(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.
(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.
Section 38 Negligently obstructing aids to navigation or vessel traffic services.
(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.
(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.
Section 39 Intentionally destroying or damaging aids to navigation or vessel traffic services.
(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.
(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.
Section 40 Negligently destroying or damaging aids to navigation or vessel traffic services.
(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.
(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.