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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-01112024-258399
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 616]
NEW DELHI, WEDNESDAY, OCTOBER 30, 2024/KARTIKA 8, 1946
MINISTRY OF COMMUNICATIONS
(Department of Telecommunications)
NOTIFICATION
New Delhi, the 29th October, 2024
G.S.R. 674(E).—Whereas a draft of the Telecommunications (Commercial Radio Operator Certificate of
Proficiency to Operate Global Maritime Distress and Safety System) Rules, 2024, which the Central Government
proposes to make in exercise of the powers conferred under section 46, read with clause (zh) of sub-section (2) of
section 56 of the Telecommunications Act, 2023 (44 of 2023), was published as required by sub-section (1) of section
56 of the said Act vide notification of the Government of India in the Ministry of Communications, Department of
Telecommunications number G.S.R. 446 (E), dated the 24th July 2024 in the Gazette of India, Extraordinary, Part II,
section 3, sub-section (i), dated the 24th July 2024, inviting objections and suggestions from the persons likely to be
affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Official
Gazette containing the said notification were made available to the public;
And whereas copies of the said Official Gazette were made available to the public on the 24th July, 2024;
And whereas the objections and suggestions received from the public in respect of the said draft rules have
been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by section 46 read with clause (zh) of sub-section (2) of
section 56 of the Telecommunications Act, 2023 (44 of 2023), and in supersession of the Indian Wireless Telegraphy
(Commercial Radio Operators Certificate of proficiency and licence to operate Global Maritime Distress ad Safety
System) Rules, 1997 except as respects things done or omitted to be done before such supersession and without
overriding the terms and conditions of existing arrangements under those rules till the date of expiry of such
arrangements, the Central Government hereby makes the following rules, namely:-
1. Short title and commencement. (1) These rules may be called the Telecommunications (Commercial
Radio Operator Certificate of Proficiency to Operate Global Maritime Distress and Safety System) Rules, 2024.
(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 Telecommunications Act, 2023 (44 of 2023);
(b) "Global Maritime Distress and Safety System" means an internationally agreed set of safety procedures,
frequencies, types of equipment, and communication protocols for maritime safety, which operates using
terrestrial and satellite radio technologies, both onboard ships and onshore;
(c) "Global Maritime Distress and Safety System (GMDSS) Certificate” means the, GMDSS General Operator
Certificate or the GMDSS Restricted Operator Certificate, as specified under sub-rule (1) of rule 4, and a
"GMDSS Certificate holder" means the person who has been granted such certificate under rule 8;
(d) "International Telecommunication Convention" means the Convention of the International Telecommunication
Union signed at Geneva in 1992 or any subsequent revision or modification thereof, which the Government of
India has ratified or accepted;
(e) "portal" means the portal to be notified by the Central Government under rule 15 of these rules;
(f) "Radio Regulations" means the regulations adopted by the World Radiocommunication Conference (Geneva
1995) and includes every revision or modification thereof which the Government of India has ratified or
accepted; and
(g) "WPC Wing" means the Wireless Planning and Co-ordination Wing of the Department of
Telecommunications, Ministry of Communications, Government of India.
(2) Words and expressions used and not defined herein but defined in the Act shall have the meanings
respectively assigned to them in the Act.
3. Scope. No person shall operate Global Maritime Distress and Safety System except under and in
accordance with the terms and conditions of a GMDSS Certificate granted under these rules.
4. Categories of GMDSS certificates and eligibility. – (1) There shall be the following two categories of
GMDSS certificates, which may be granted by the Central Government under rule 8, namely:
(a) GMDSS General Operator Certificate; and
(b) GMDSS Restricted Operator Certificate
(2) Any person, being a citizen of India, who satisfies the eligibility criteria as set forth below and qualifies the
examination specified under rule 7, shall be eligible for grant of a GMDSS General Operator Certificate or, as the case
may be, GMDSS Restricted Operator Certificate,-
+-------+-------------------------------------------------------------+-------------------------------------------------------------+
| S. No.| GMDSS General Operator Certificate | GMDSS Restricted Operator Certificate |
+=======+=============================================================+=============================================================+
| (1) | (2) | (3) |
+-------+-------------------------------------------------------------+-------------------------------------------------------------+
| 1. | Above the age of eighteen years, as on the date | Above the age of eighteen years, as on the date of |
| | of examination. | examination. |
+-------+-------------------------------------------------------------+-------------------------------------------------------------+
| 2. | (a) Passed the All India Senior Secondary | (a) Passed the Secondary School Certificate |
| | School Certificate Examination (12th | Examination or an equivalent examination (10th |
| | standard) or equivalent examination | standard) conducted by a recognised Board in |
| | conducted by a recognised Board or | India or holds a valid certificate issued by |
| | University in India with Mathematics and | statutory bodies of maritime or fisheries |
| | Physics as subjects; or | departments of the Central Government or State |
| | | Government; or |
| | (b) Holds a valid Certificate of Competency or | (b) Holds a valid Certificate of Competency or its |
| | its equivalent issued or recognised by the | equivalent issued or recognised by the Directorate |
| | Directorate General of Shipping, | General of Shipping, Government of India, under |
| | Government of India, under the provisions | the provisions of the Merchant Shipping Act, |
| | of the Merchant Shipping Act, 1958 (44 of | 1958 (44 of 1958); or |
| | 1958); or | |
| | (c) Holds a valid certificate of proficiency or its | (c) Holds a valid certificate of proficiency or its |
| | equivalent issued by the WPC Wing. | equivalent issued by the WPC Wing. |
+-------+-------------------------------------------------------------+-------------------------------------------------------------+
| 3. | Has undergone practical training on Global | Has undergone practical training on Global Maritime |
| | Maritime Distress and Safety System equipment, | Distress and Safety System equipment, in any of the |
| | in any of the institutes approved by the Central | institutes approved by the Central Government from |
| | Government from time to time, for a period not | time to time, for a period not less than one week |
| | less than two continuous weeks (minimum | (minimum forty hours): |
| | ninety-six hours): | |
+-------+-------------------------------------------------------------+-------------------------------------------------------------+
Provided that the Central Government may, subject to such terms and conditions as it may specify from time
to time, permit a person, not being a citizen of India, to undertake the examination held under rule 7 and
administrative clearance in this behalf from the Ministry of Home Affairs and Ministry of External Affairs, for
consideration of grant of the GMDSS Certificate under the relevant category.
5. Application for examination for grant of GMDSS General Operator Certificate. (1) Any person
satisfying the eligibility criteria set forth under sub-rule (2) of rule 4 may make an application for the examination for
obtaining the GMDSS General Operator Certificate to the Central Government, in the form as may be specified for
this purpose in the portal along with fees of one thousand rupees.
(2) Examination for grant of GMDSS General Operator Certificate shall consist of the following two parts, namely, -
(a) Part-I - comprising a written examination for 60 marks, for which the passing marks shall be 36 marks; and
(b) Part-II - comprising a practical and oral examination, for 100 marks, for which the passing marks shall be
70 marks.
(3) The successful completion of Part-I of the examination shall be a mandatory requisite for undertaking Part-II only
for applicants who have previously not held GMDSS General Operator Certificate, and those applying for a GMDSS
General Operator Certificate more than a period of five years after the expiry of such certificate.
(4) The persons applying for renewal under sub-rule (1), sub-rule (2) and sub-rule (3) of rule 9 may apply directly for the
Part-II examination.
6. Application for examination for grant of GMDSS Restricted Operator Certificate. – (1) Any person satisfying the
eligibility criteria set forth under sub-rule (2) of rule 4 may make an application for the examination for obtaining
GMDSS Restricted Operator Certificate to the Central Government, in the form as may be specified for this purpose in
the portal along with fees of one thousand rupees.
(2) Examination for grant of GMDSS Restricted Operator Certificate shall consist of Part-I comprising a written
examination and Part-II comprising practical and oral examination, each part having 50 marks, and a successful
applicant shall be required to obtain a total combined score of 50 marks in Part I and Part II together.
7. Conduct of examination for grant of GMDSS Certificate. – (1) The Central Government shall publish the syllabus,
place, manner, date and time for the examination for obtaining the GMDSS General Operator Certificate and GMDSS
Restricted Operator Certificate respectively, and the date of announcement of the results of such examination.
(2) The language of such examination shall be English.
8. Grant and validity of GMDSS Certificate. – (1) The Central Government shall, upon successful completion of the
examination under rule 7, issue a provisional certificate with a validity of six months, the terms and conditions of which
shall be as specified therein, in accordance with the International Telecommunication Convention and the Radio
Regulations.
(2) A provisional certificate holder shall apply for GMDSS Certificate of the relevant category, within a period of six
months from the date of issue of the provisional certificate.
(3) Any provisional certificate holder who applies for the GMDSS Certificate beyond a period of six months and up to
two years from date of issue of provisional certificate, shall be required to make a payment of late fees of one
thousand rupees in addition to the fees payable under sub-rule (5).
(4) The GMDSS Certificate shall not be granted upon lapse of two years from the date of issue of provisional certificate
under sub-rule (1).
(5) GMDSS Certificate under any of the following categories shall be issued subject to payment of fees as specified
below,-
+------------------------------------------+----------------------------------------------------+
| Category of Certificate | Fee |
+==========================================+====================================================+
| (i) GMDSS General Operator Certificate | Ten thousand rupees for validity period of twenty years;|
| | and |
| | Fifteen thousand rupees for lifetime validity. |
+------------------------------------------+----------------------------------------------------+
| (ii) GMDSS Restricted Operator Certificate | Five thousand rupees for lifetime validity. |
+------------------------------------------+----------------------------------------------------+
Explanation.- For the purposes of this sub-rule, the expression “lifetime” means till the GMDSS Certificate holder
attains the age of eighty years.
(6) The validity period of the GMDSS Certificate shall commence from the date of issue of provisional certificate under
sub-rule (1), and each category of GMDSS Certificate shall be subject to terms and conditions as specified therein, in
accordance with the International Telecommunication Convention and the Radio Regulations.
9. Renewal of GMDSS General Operator Certificate. (1) A GMDSS General Operator Certificate which is valid for
an initial period of twenty years, may be renewed for another twenty years or for lifetime, based on an application made
within a period of one year prior to the expiry of such GMDSS General Operator Certificate, in the form as may be
specified by the Central Government for this purpose in the portal along with payment of fees as provided under sub-rule
(5) of rule 8 thereof, and fulfilment of either of the following criteria namely,-
(a) submission of proof of total experience of not less than six months, within a period of five years immediately
preceding the date of expiry of the GMDSS General Operator Certificate; or
(b) successful completion of Part-II of the examination as specified under clause (b) of sub-rule (2) of rule 5.
(2) An application for renewal made within a period of two years after the date of expiry of the GMDSS General
Operator Certificate, shall be granted subject to the fulfilment of the criteria specified under sub-rule (1) along with
payment of late fee of one thousand rupees.
(3) An application for renewal after a period of two years from the date of expiry of the GMDSS General Operator
Certificate, shall be considered only upon successful completion by the applicant of Part-II of the examination as
specified under rule 5, in addition to payment of fee as provided under sub-rule (5) of rule 8, as well as payment of
late fee of one thousand rupees.
(4) No GMDSS General Operator Certificate shall be renewed after a lapse of five years from the date of expiry of the
GMDSS General Operator Certificate.
10. Issue of duplicate GMDSS Certificate. (1) An application for duplicate GMDSS Certificate may be made to the
Central Government in the form as specified for this purpose in the portal, along with payment of fee of one thousand
rupees:
Provided that in case the GMDSS Certificate is lost, such application shall be accompanied with the report filed with
the local police regarding such loss.
(2) The Central Government may issue a duplicate GMDSS Certificate based on such application.
11. General obligations applicable to GMDSS Certificate holders. (1) The Central Government may at any time
require the GMDSS Certificate holder to produce the GMDSS Certificate and the GMDSS Certificate holder shall
comply with such requirement.
(2) The GMDSS Certificate holder shall be bound by modification, variation, cancellation or revocation of any of the
terms and conditions governing the grant of such GMDSS Certificate and such changes shall be made available
through publication on the official website, as well as on the portal as and when notified under rule 15, and an email
shall also be sent to the email address provided by the applicant in his application for grant of GMDSS Certificate.
(3) If any message which a GMDSS Certificate holder is not entitled to receive, is received, such GMDSS Certificate
holder shall not make known or allow to be made known, its contents, its origin or destination, its existence or the
fact of its receipt, to any person, other than to an officer duly authorised for this purpose by the Central Government
or a court of law, and shall not reproduce in writing, copy or make any use of such message or allow the same to be
reproduced in writing, copied or made use of.
12. Recognition of certificates issued by other countries. - The Central Government may, subject to the terms and
conditions as it may specify from time to time, recognise the certificates similar to those granted under rule 8, issued
by a competent authority in any other country, for the purpose of operating a Global Maritime Distress and Safety
System.
13. Suspension or cancellation of GMDSS Certificate. – The Central Government may suspend or cancel the GMDSS
Certificate, if in its opinion, the GMDSS Certificate holder has,-
(a) failed to comply with the provisions of the International Telecommunication Convention or the Radio
Regulations, as applicable for such GMDSS Certificate, or the terms and conditions subject to which the GMDSS
Certificate was issued in respect of operation of radio equipment; or
(b) wilfully furnished incorrect or false information to the Central Government:
Provided that no order of suspension or cancellation under this sub-rule shall be made unless the GMDSS Certificate
holder has been given a reasonable opportunity of making a representation and being heard against such suspension or
cancellation.
14. No refund of fees. No compensation or refund of fees shall be applicable as a result of any suspension or
cancellation of the GMDSS Certificate, for any reason whatsoever, or for any modification, variation, cancellation or
revocation of the terms and conditions of the GMDSS Certificate.
15. Digital Implementation of these rules. – The Central Government shall, in furtherance of section 53 of the Act,
notify a portal for the digital implementation of these rules, including for submission of applications, publication of
syllabus, place, manner, date and time of examination, declaration of results of examinations, grant of GMDSS
Certificate, modification of terms and conditions, any other permission, instruction or direction, as may be required for
the operation of the GMDSS Certificates.
[No.24-03/2024-UBB]
DEVENDRA KUMAR RAI, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
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