Bare Acts

CHAPTER XIV MISCELLANEOUS


46. Power of Central Government to make rules.—(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;
(c) manner of appointment of the Competent Authority under sub-section (2) 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;
(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 subsection (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 subsection (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. Delegation of powers by Central Government.— The Central Government may delegate to any
of its officers all or any of the functions and powers conferred upon it under this Act.
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48. Power of Central Government to issue directions.— (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. Protection of action taken in good faith.— 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. Power to remove difficulties.— (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. Laying of rules and notifications before Parliament.—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. Repeal and savings.— (1) The Lighthouse Act, 1927 (17 of 1927) is hereby repealed.
(2) Notwithstanding the repeal of the Lighthouse Act, 1927 (17 of 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;
(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;
(c) any document referring to the repealed Act shall be construed as referring to 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;
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(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.

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