Prepublication of draft Marine Aids to Navigation

Prepublication of draft Marine Aids to Navigation (Manner of Holding Inquiry, Imposition of Penalty and Appeal) Rules, 2026

The Gazette of India

CG-UP-E-06072026-274168

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 487] NEW DELHI, WEDNESDAY, JULY 1, 2026/ASHADHA 10, 1948

MINISTRY OF PORTS, SHIPPING AND WATERWAYS
NOTIFICATION
New Delhi, the 1st July, 2026

G.S.R. 545(E). — The draft of the Marine Aids to Navigation (Manner of Holding Inquiry,
Imposition of Penalty and Appeal) Rules, 2026, which the Central Government proposes to make, in exercise
of the powers conferred by sub-sections (1) and (2) of section 42A, read with sub-section (1) of section 46
and clauses (pa) and (pb) of sub-section 2 of section 46 of the Marine Aids to Navigation Act, 2021 (20 of
2021), is hereby published, for the information of all persons likely to be affected thereby; and notice is
hereby given that the said draft shall be taken into consideration after the expiry of a period of thirty days
from the date on which copies of this notification, as published in the Official Gazette, are made available to
the public;

Objections or suggestions, if any, to these draft rules may be addressed to the Director General,
Directorate General of Lighthouses and Lightships, Ministry of Ports, Shipping and Waterways, A-13, Sector
24, Noida – 201301, or by email at noida-dgll@nic.in, within the period specified above;
The objections or suggestions which may be received from any person with respect to the said draft
rules, within the period so specified, will be considered by the Central Government.
DRAFT RULES

Chapter I

Preliminary
1. Short title and commencement.- (1) These rules may be called the Marine Aids to Navigation (Manner of
Holding Inquiry, Imposition of Penalty and Appeal) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise requires, –
(a) “Act” means the Marine Aids to Navigation Act, 2021 (20 of 2021);
(b) “adjudicating officer” means the officer appointed under sub-section (1) of section 42A of the Act;
(c) “appellant” means a person aggrieved with an order of adjudicating officer and prefers an appeal
before the appellate authority under sub-section (2) of section 42A of the Act;
(d) “appellate authority” means an officer specified under sub-section (2) of section 42A of the Act;
(e) “form” means a form appended to these rules.
(2) Words and expressions used in these rules but not defined herein, but defined in the Act, shall have the
same meanings respectively assigned to them in the Act.

Chapter II

Holding of inquiry and imposition of penalty by the adjudicating officer
3. Issue of notice. – (1) Where, on the basis of a complaint by any person or report or evidence available, the
adjudicating officer is satisfied that a contravention of the provisions of sub-section (1) of section 41 or
section 42 of the Act has been committed and that an inquiry is required, he shall issue a show cause notice
in Form I to the person concerned, requiring such person to show cause within a period of thirty days from
the date of receipt of the notice as to why a penalty should not be imposed under the relevant provisions of
the Act.
(2) The notice shall indicate the nature of contravention and the relevant provisions of the Act under which
the contravention is alleged.
(3) The show cause notice shall be served by registered post or speed post or by electronic means, and proof
of such service shall be maintained on record.

4. Manner of Holding of Inquiry and Imposing Penalty. – (1) Where the adjudicating officer, after
considering the reply to the show cause, if any, submitted by the person concerned, is not satisfied that the
inquiry ought to be dropped, he shall, within fifteen days from the date of receipt of reply to such show cause
notice or from the expiry of the period allowed for submission thereof, whichever is earlier, proceed to
conduct an inquiry.
(2) For the purpose of inquiry, the adjudicating officer shall issue a notice in Form II requiring the person
concerned to appear, either in person or through a duly authorised representative, on the date, time and place
or through video conferencing or such other electronic means as may be specified therein.
Provided that such notice shall be served at least fifteen days prior to the date fixed for hearing.
(3) The notice of inquiry issued under sub-rule (2) above shall. —
(a) specify the alleged contravention and the relevant provisions of the Act;
(b) indicate the date, time, place and mode of inquiry;
(c) be accompanied by copies of the relevant documents relied upon.
(4) The notice shall be served by registered post or speed post or by electronic means, and proof of such
service shall be maintained on record.
(5) At the commencement of the inquiry, the adjudicating officer shall explain to the person concerned or his
authorised representative the nature of the alleged contravention and the relevant provisions of the Act.
(6) The adjudicating officer shall afford the person concerned an opportunity of being heard and to produce
such documents, evidence or witnesses, if any, as may be relevant to the inquiry; and may, for reasons to be
recorded in writing, adjourn the hearing to a future date.

(7) For the purpose of sub-rule (6), any adjournment shall not exceed fifteen days and no more than three
adjournments shall be granted during the course of an inquiry.
(8) Where the person concerned fails to appear on the date fixed, the adjudicating officer may proceed with
the inquiry in his absence after recording the reasons for doing so.
(9) The adjudicating officer shall, after considering the material on record and after giving an opportunity of
being heard, pass a reasoned order in writing, either imposing such penalty as he considers appropriate under
the Act or concluding that no contravention has been established.
(10) A copy of the order shall be served upon the person concerned free of cost, and proof of such service
shall be maintained on record.
(11) The adjudication proceedings shall be completed within a period of three months from the date of
issuance of the show cause notice under sub-rule (1).

5. Powers of the adjudicating officer. – (1) Adjudicating officers appointed under the Act to hold an inquiry
and impose penalty, shall also have the powers to-
(a) call for oral or written evidence on oath or on affidavit from the person against whom inquiry has
been initiated and from any other person who has been summoned for the purpose of inquiry;
(b) peruse or inspect relevant documents, records or copies thereof;
(c) summon and enforce the attendance of any person acquainted with the facts and circumstances of the
case.
(2) The appropriate authorities shall render such assistance as may be required by the adjudicating officer
appointed under the Act, for enforcing the attendance of any person in connection with an inquiry under these
rules.

Chapter III

Appeal against order of imposition of penalty by adjudicating officer
6. Appeal against the order of adjudicating officer. – (1) A person aggrieved by the order passed by the
adjudicating officer under sub-rule (9) of rule 4 above, may prefer an appeal to the Director General under
sub-section (2) of section 42A, within thirty days from the date of receipt of the order.
(2) The appeal shall be filed by the appellant in person or by his representative duly authorized in writing in
Form III by registered post or speed post or through electronic means and shall be accompanied by:
(a) copy of the order appealed against;
(b) statement of facts and grounds of appeal; and

(c) such other relevant documents as may be relied upon by the appellant.
(3) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is found to be
defective, the appellate authority shall intimate the appellant about the defects and allow him to rectify the
defects within fifteen days and if the appellant fails to rectify such defects within the time period, the appellate
authority may by order and for reasons to be recorded in writing, decline to register such appeal and
communicate such refusal to the appellant within a period of seven days thereof.
(4) On admission of the appeal, the appellate authority shall issue a notice of hearing to the parties, including
persons acquainted with the facts and circumstances of the case, to appear either in person or through a duly
authorised representative, on the date, time and place or through video conferencing or such other electronic
means as may be specified therein at least fifteen days before the scheduled date of hearing.
(5) The parties may appear, either in person or through duly authorised representatives, by such mode of
hearing as may be specified by the appellate authority, and the appellate authority shall, after giving the
parties an opportunity of being heard, pass a reasoned order confirming, modifying or setting aside the order
appealed against.
(6) A copy of the order shall be served upon the appellant, and adjudicating officer, and proof of such service
shall be maintained on record.

7. Extension of time.— The adjudicating officer or the appellate authority may, for reasons to be recorded in
writing and upon being satisfied that sufficient cause exists for any delay or failure to act, extend any period
specified in these rules for such further period as may be considered reasonable, subject to the time limits
prescribed for completion of adjudicating proceedings under sub-rule (11) of rule 4 and for disposal of appeal
under sub-section (5) of section 42A of the Act.

8. Order and penalties. — (1) Every order under these rules, shall be dated, signed and communicated to all
the parties.
(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of
India.

[F. No- LH-11020/89/2025-SL (e 377838)]
MUKESH MANGAL, Addl. Secy.

Form I
[See sub-rule (1) of rule 3]
SHOW CAUSE NOTICE
Ref. No. Date:

To
……………………………
……………………………
…………………………..

Sub: Show Cause Notice under section ___ read with sub-section (1) of section 42A of the Marine Aids to
Navigation Act, 2021.

Whereas, on the basis of report / evidence available (copies enclosed), it appears that you have committed a
contravention of the provisions of section ___ of the Marine Aids to Navigation Act, 2021 (20 of 2021) at
__________________ on __________.

(2) The details of the alleged contravention are as follows:
(a) Nature of contravention: __________________
(b) Relevant provision of the Act: __________________

(3) Accordingly, you are hereby required to show cause within thirty days from the date of receipt of
this notice as to why an inquiry should not be held against you and penalty imposed under section ___ read
with sub-section (1) of section 42A of the said Act.

(4) In case no reply is received within the stipulated period, the matter shall be decided ex parte on the
basis of the material available on record, without any further reference to you.
Encl: As above

(Signature)
Name: __________

Designation: Adjudicating Officer
Stamp

Form II
[See sub-rule (2) of rule 4]
NOTICE OF INQUIRY
Ref. No. Date:

To
……………………………
……………………………
…………………………..

Sub: Notice of Inquiry under section ___ read with sub-section (1) of section 42A of the Marine Aids to
Navigation Act, 2021.

Whereas, a Show Cause Notice dated _________ was issued to you under section ___ of the Marine
Aids to Navigation Act, 2021 (20 of 2021);
(2) Whereas, your reply dated _________ has been considered / no reply has been received within the
stipulated period;

(3) And whereas, the undersigned is not satisfied that the proceedings ought to be dropped;

(4) Now, therefore, in exercise of the powers conferred under sub-section (1) of section 42A of the said
Act, it is hereby informed that an inquiry shall be conducted in the matter.

(5) You are hereby required to appear before the undersigned, either in person or through a duly
authorised representative / through video conferencing (meeting link), on _________ at _________ (time) at
_________ (place), for the purpose of the said inquiry.

(6) You may produce evidence and witnesses, if any, in support of your case at the time of hearing.

(7) In case of failure to appear on the scheduled date, the inquiry shall be conducted ex parte on the basis
of the material available on record.

Encl: As above

(Signature)
Name: __________

Designation: Adjudicating Officer
Stamp

Form III
[See sub-rule (2) of rule 6]

APPLICATION FOR APPEAL TO THE APPELLATE AUTHORITY
Ref. No. Date:

To
The Director General
Appellate authority

Subject: Appeal under sub-section (2) of section 42A of Marine Aids to Navigation Act, 2021
1. Name and address of the appellant…………………………………………
(Address for correspondence (including mobile or telephone number and email)

2. Name and address of the Adjudicating Officer………………………….

3. Particulars of the case for which penalty has been
imposed……………………………………………

4. Particulars of the order(s) including number and date, if any, against which the appeal is preferred..

5. Amount of Penalty (Amount in Rs.)……………………………………

6. Grounds for appeal

7. Relief sought in the appeal …………………………………………..

8. Any other information relevant to the appeal…………………………………

9. Whether appeal filed within 30 days (Yes/No)? If No, justification may be given for delay:

Name of the Appellant…………………………………………………..

Signature…………………………………………………..

Place……….

Date…….

Enclosures:
1. Copy of the order passed by Adjudicating officer.
2. Case documents as received from Adjudicating officer at the time of hearing.
3. Any other relevant material relied upon.
4. Justification for delay, if any.

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