Chapter VI MISCELLANEOUS

(1) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any of the provisions of this Act, may be exercisable also by the Director-General or such other officer and subject to such conditions as may be specified in the order. (2) The Director-General may, with the previous approval of the Central Government, by general or special order, direct that any power or authority conferred upon or delegated to, and any duty imposed upon him by or under this Act, may be exercised or discharged also by such officer or authority and subject to such conditions as may be specified in the order.

(1) The Director-General may,–– (a) in the public interest; or (b) in the interest of Indian shipping; or (c) in the interest of national defence and maritime security; or (d) for ensuring safety of life at sea and the safety of environment, by order, direct any vessel for which licence has been granted under this Act, in respect of the following, namely:— (i) the ports or places, whether within or outside India, to which, and the routes by which, the vessel shall proceed for any particular purpose; (ii) the diversion of a vessel from one route to another for any particular purpose; (iii) the classes of passengers or cargo which may be carried in the vessel; (iv) the order of priority in which passengers or cargo may be taken on or put off the vessel at any port or place, whether within or outside India; (v) to ban any vessel from entering any port, anchorage or offshore facility in India; (vi) any other matter which the Director-General may deem necessary. (2) The Director-General may, by notice, require the licensee or agent of any vessel in respect of which— (a) licence is granted under this Act; or (b) any direction is given relating to diversion of a vessel from one route to another for any particular purpose, to furnish such information as may be considered necessary within such period as may be specified in the said notice, which may include— (i) the classes of passengers and cargo which the ship is about to carry, or is capable of carrying, or has carried during any specified period; or (ii) the rates of passenger fares and freight charges applicable to the vessel; or (iii) any other matter as may be prescribed.

(1) Notwithstanding anything contained in this Act, every person 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 it in writing from time to time. (2) The decision of the Central Government as to whether a question is one of policy or not, shall be final.

Notwithstanding anything contained in this Act or any law for the time being in force, the Central Government or, as the case may be, the Director-General with the prior permission of the Central Government, if is of opinion that it is necessary or expedient in the public interest so to do, may, by order in writing and subject to such conditions and for such period as it may think fit, exempt from the provisions of this Act,–– (a) any vessel or class of vessels engaged in coasting trade; or (b) any class of vessels chartered by a citizen of India or non-resident Indian or an overseas citizen of India, or a company or a co-operative society or a limited liability partnership or such entities as may be specified by the Central Government under sub-section (1) of section 11.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

(1) The Central Government may, subject to the condition of previous publication, make rules for carrying out the provisions 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) the form and manner of application for grant of licence and the fee to be paid for the same under sub-section (1) of section 4; (b) the form, period and the conditions subject to which licence shall be granted under sub-section (3) of section 4; (c) the class or category of licence to be granted under sub-section (4) of section 4; (d) the form and manner of making application for modification of particulars of a licence under sub-section (3) of section 5; (e) the form and manner of reporting the requirements to the Director-General under section 6; (f) such other matters to be included in the Strategic Plan under clause (h) of sub-section (2) of section 8; (g) the time, place and the procedure to be observed by the committee for the transaction of business at its meetings and the quorum at such meetings under sub-section (4) of section 8; (h) the form and manner of maintaining the National Database of Coastal Shipping by the Director-General under sub-section (1) of section 9; (i) the form and manner of application for grant of licence and the fee to be paid under sub-section (3) of section 11; (j) the form, period and the conditions subject to which licence shall be granted under sub-section (4) of section 11; (k) the form and manner of making application for modification of particulars of a licence under sub-section (2) of section 12; (l) the sum to be paid for credit to the Central Government for compounding an offence and the manner of making the payment under sub-section (1) of section 26; (m) the form and manner of making an application for the compounding of an offence under sub-section (3) of section 26; (n) the form and manner of preferring appeal to the Director-General under sub-section (2) of section 30; (o) the form and manner of issuance of notice under section 31; (p) any other matters in respect of which the Director-General may, by notice, require the licensee or agent of any vessel to furnish information under sub-section (2) of section 35; (q) any other matter which is required to be or may be prescribed for carrying out the provisions of this Act.

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

(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 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 date of 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.

(1) Part XIV of the Merchant Shipping Act, 1958 (44 of 1958) (herein referred to as Part XIV of the said Act), except section 411A thereof, is hereby repealed. (2) Notwithstanding such repeal,–– (a) any rule, regulation, bye-law, order, notification or exemption made, issued or granted under Part XIV of the said Act shall, until revoked, have effect as if it had been made, issued or granted under the provisions of this Act; (b) any licence granted or issued under Part XIV of the said Act shall, until it is revoked or expires, have effect as if it had been issued or granted under the provisions of this Act; (c) any office established or created, officer or person appointed and any body elected or constituted under Part XIV of the said Act shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this Act; (d) any document referring to Part XIV of the said Act shall be construed as referring to this Act; (e) any fine levied under Part XIV of the said Act may be recovered as if it had been levied under this Act; (f) any offence committed under Part XIV of the said Act may be prosecuted and punished as if it had been committed under this Act; (g) any proceeding pending before any court under Part XIV of the said Act may be tried or disposed of under the corresponding provisions of this Act; (h) any inspection, investigation or inquiry ordered to be done under the provisions of Part XIV of the said Act shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply with regard to the effect of repeal.