Whereas the draft of the Merchant Shipping Form and Manner of Appeal Rules, 2023 were published, as required by section 436A of the Merchant Shipping Act

5806 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 516] NEW DELHI , TUESDAY , SEPTEMBER 10, 2024 /BHADRA 19, 194 6 CG-DL-E-10092024-257060 MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFI CATION New Delhi, the 10th September , 2024 . G.S.R. 558(E).—Whereas the draft of the Merchant Shipping (Form and Manner of Appeal) Rules, 2023 were published, as required by section 436A of the Merchant Shipping Act, 1958 (44 of 1958) (hereinafter referred to as the said Act), vide notification number G.S.R. 336 ( E), dated the 19th June, 2024, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of thirty days from the date of publication of the said notification in the Official Gazette; And whereas the copies of the sa id Gazette were made available to the public on the 19th June, 2024; And whereas no objections or suggestions have been received from the public in respect of the said draft rules; Now, therefore, in exercise of the powers conferred by section 436A of the said Act, the Central Government hereby makes the following rules, namely: - 1. Short title and commencement . - (1) These rules may be called the Merchant Shipping (Appeal) 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 Merchant Shipping Act, 1958 (44 of 1958); (b) "appellant" means a person aggrieved with an order of the Principal Officer of the Mercantile Marine Department and prefers an appeal before the Director -General under sub -section (4) of section 436 of the Act; (c) "Appellate Authority" means the Director -General of Shipping appointed under section 7 of the Act; (d) "form" means a Form appended to these rules; (e) "penalty" means the penalty prescribed in section 436 of the Act. (2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the same meaning as assigned to them in the Act. 3. Appeal . ___ (1) An y person aggrieved by an order of the Principal Officer of the Mercantile Marine Department under sub -section (3) of section 436 of the Act, may prefer an appeal to the Appellate Authority under sub -section (4) of section 436 of the Act in the specified fo rm. (2) The appeal shall be filed with the Appellate Authority within a period of thirty days from the date of receipt of the order. (3) The appeal shall be accompanied by a copy of the order of the Principal Officer of the Mercantile Marine Department iss ued under sub -section (3) of section 436 of the Act and a clear statement of facts appealed against, the grounds for appeal, and the relevant section of the Act. (4) The appeal shall be filed in triplicate by the appellant in person or by his duly authoriz ed representative in writing or by an advocate duly appointed in this behalf, or by registered post or speed post or through electronic means. (5) The appeal sent by post shall be deemed to have been filed to the Appellate Authority on the day it is receiv ed. (6) 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 a period of fifteen days and if the appellant fails to rectify such defects within the time -period, the Appellate Authority may by order and reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant within a peri od of seven days from the date of refusal. (7) A copy of the appeal along with notice shall be served by the Appellate Authority on the respondent, by hand or by registered post or speed post or through electronic means. (8) Respondent may, within a period of seven days of service of notice of appeal, file a reply to the Appellate Authority. (9) The Appellate Authority may call for the records relating to the proceedings from the respective Principal Officer of the Mercantile Marine Department. (10) The App ellate Authority may, after giving the parties to the appeal an opportunity of being heard, pass such orders as he may consider reasonable. (11) The Appellate Authority shall dispose of the appeal within a period of thirty days from the date of admission o f the appeal. 4. Order and penalties. - (1) Every order under these rules, shall be dated, signedand 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. 5. Orders passed by the Appellate Authority . - (1) Subject to rule 3, the Appellate Authority may_ (a) confirm or modify or set aside or reverse the orders appealed against under sub -section (3) of section 436 of the Act; (b) confirm or reduce or enhance or set asi de the penalty imposed by the order or impose any penalty where no penalty has been imposed: Provided that no order imposing an enhanced penalty shall be made unless the appellant has been given a reasonable opportunity of making a representation ag ainst such enhanced penalty and reasons for such enhancement have been duly recorded in writing; and (c) pass such orders as it may deem fit in the circumstances of the case. (2) Any penalty shall not exceed the amount of the maximum penalty provided under sub-section (2) of section 436 of the Act. 6. Effect of orders passed by the Appellate Authority. - (1) Every order passed by the Appellate Authority under sub-rule (10) of rule 3 shall be final. (2) Every order passed by the Appellate Authority under rul e 3 shall, as soon as practicable, be submitted to the Central Government. FORM APPLICATION TO THE APPELLATE AUTHORITY (See sub -rule (1) of rule 3) 1. Details of the Appellant: 1.1. Name of the Appellant: 1.2. Designation of the Appellant: 1.3. Ad dress of the Appellant: 1.4. Telephone/ Mobile No. of the Appellant: 1.5. Email Id. of the Appellant: 1.6. Name, Address, Telephone/Mobile No. and Email Id. of the Legal Representative of the Appellant: 2. Details of the Order appealed against under sub -section (3) of section 436 of the Merchant Shipping Act. 1958: 2.1. Date: 2.2. Number: 2.3. Name of Principal officer: 2.4. Address of the Mercantile Marine Department: 2.5. Section of the Merchant Shipping Act, 1958 to which the offence has reference: 2.6. Penalty imposed by the principal officer: 3. Details of Appeal: 3.1.Statement of Fact s:(Provide a concise statement of facts in a chronological order and with paragraph numbers containing an elaboration of issues, including the questions of the law ar ising in the appeal, each paragraph should deal with as far as possible a separate issue). 3.2. Description of Grievance: (Provide a concise description of grievance elaborating issues with the order of the principal officer under sub -section (3) of secti on 436 of the Merchant Shipping Act, 1958). 3.3. Grounds of Appeal: (Provide clear grounds of the appeal and concise description of the appeal and the relevant legal provisions, if any, relied upon. See sub -rule (3)of rule 3). 3.4. Evidence: (Provide ev idence for the justification/ grounds for appeal and in case of more than one evidence, an indexed chronological list thereof). 3.5. Prayer: (Clearly stipulate the reliefs sought). Place: Date: (Signature of Appellant) [F. No. No. L -11020/1/2022 -MG ( Part 1) (354601 )] RAJESH KUMAR SINHA, Addl. Sec y. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.