Marine Aids to Navigation Act, 2021
No: 20 Dated: Jul, 31 2021
THE MARINE AIDS TO NAVIGATION ACT, 2021
ACT NO. 20 OF 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;
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. 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.
(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. 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;
(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, 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.