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Core Purpose

Draft notification of the Inland Vessels (Central Database and Allied Matters) Rules, 2024, published under Section 106 of the Inland Vessels Act, 2021, inviting public objections within thirty days.

Detailed Summary

The Ministry of Ports, Shipping and Waterways, by G.S.R. 333(E) dated 18 June 2024, exercising powers under clause (f) of Section 3, Section 22, and Section 106 of the Inland Vessels Act, 2021 (Act No. 24 of 2021), publishes the draft Inland Vessels (Central Database and Allied Matters) Rules, 2024, inviting objections or suggestions within thirty days to the Director (IWT); the draft rules establish a Central Database maintained by a Nodal Officer, consolidating survey and registration data from the Inland Vessels (Survey and Certification) Rules, 2022, the Inland Vessels (Registration and Other Technical Issues) Rules, 2022, the Inland Vessels (Manning) Rules, 2022, and the Inland Vessels (Prevention and Containment of Pollution) Rules, 2022, and prescribe duties of the Nodal Officer and Designated Authorities of each State (including data reporting within thirty days), data security and compliance obligations (referencing GDPR, PCI DSS and MeitY guidelines), access and confidentiality rules limiting third-party access, and requirements for owners and crew to access only their own records; the notification is signed by Rajesh Kumar Sinha, Additional Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-19062024-254805 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 310] NEW DELHI, FRIDAY, JUNE 18, 2024/JYAISHTHA 28, 1946 MINISTRY OF PORTS, SHIPPING AND WATERWAYS NOTIFICATION New Delhi, the 18th June, 2024 G.S.R. 333(E).—In exercise of powers conferred under the clause (f) of sections 3; clause (a) of section (2) of section 106; section 22; clause (o) of section (2) of section 106); clause (zza) of section (2) of section 106and section 108 of the Inland Vessels Act, 2021 (Act no 24 of 2021), the Central Government hereby makes the following rules to effectively administer the provisions of the Act and to ensure effective implementation of its provisions namely; The draft of the Inland Vessels [Central Database and Allied Matters] Rules 2024, which the Central Government proposes to make, in the exercise of the powers conferred by sub-section (1) of section 106 of the Inland Vessels Act of 2021(24 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 the 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 sent to the Director (IWT), Ministry of Ports, Shipping & Waterways, Room No. 439, Transport Bhawan, 1-Parliament Street, New Delhi-110001, or by email at [email protected] and [email protected] within the period specified above; DRAFT RULES 1. Short Title and Commencement (1) These Rules shall be called the Inland Vessels (Central Database & Allied Matters) Rules 2024. (2) They shall come into force on the date of their final publication in Official Gazette. 2. Definition.- (1) In these Rules, unless the context otherwise requires – (a) "Act" shall mean the Inland Vessels Act 2021(Act no 24 of 2021). (b) "Competent Authority” means authority constituted under section 6 of the Act. (c) "Designated Authority” means the designated authorities appointed by the State under sub- section (3) of Section 5 of the Act. (c) "Nodal office" – means office designated by the competent authority constituted under Section 6 of the Act. (d) "Nodal officer" – means any officer appointed by the Competent Authority to administer the nodal office and to perform duties under Rule5. (e) "Portal" means a web or electronic based system set up and maintained by the Nodal officer and the officers or persons appointed under sub-rule (4) of rule 5 for- iii. facilitating the processes relating to survey and registration of vessels, issuance of certificates in respect of vessels and the issuance of certificates of competency to the crew; iv. preserving, retaining and granting access to machine readable, V. printable, shareable, verifiable and secure electronic records; maintaining a repository of electronic records containing all particulars pertaining to vessels registered in the state; iv maintaining a repository of electronic records containing all details and data of the certificates of competency issued to the crew (2) "Third party access" means access of Central Database in accordance with these Rules, by any owner of vessel or authorized representatives of the owner of vessel or crew or training institutes but does not include administrative or statutory authorities under the Act or the Rules. Words and expressions used and not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3. Form of Central Database. - The Central Database referred to in clause (f) of section 3 of the Act shall contain the following data and details in electronic form- (1) application for conducting survey of vessel, declaration to be issued by the Surveyor, record of Equipment and vessel Information, application for provisional certificate of survey, provisional certificate of survey, certificate of survey, particulars to be furnished for survey of vessels which are to be surveyed for the first time, application for change of name of the vessel on certificate of survey, as contained in Form 1 to 9 of the Inland Vessels (Survey and Certification) Rules, 2022; (2) book of registration to be maintained by the Registrar of Inland Vessels, application for registration of vessel, declaration of ownership of vessel, appointment of date and time of inspection of the inland vessel by the Registering Authority, carving and marking note, application for registration of alteration, application for transfer of registry, certificate of registration, instrument creating mortgage, instrument creating transfer of mortgage, instrument creating discharge of mortgage application for provisional certificate of registration, provisional certificate of registration, as contained in Form 1 to 13 of the Inland Vessels (Registration and Other Technical Issues) Rules, 2022; (3) certificates of competency issued to crew, medical certificate for appearing in examination for certificate of competency, certificate of service, application form for appearing in examination for certificate of competency, as contained in Form 1 to 3 of the Inland Vessels (Manning Rules), 2022; (4) certificate of compliance for prevention and containment of pollution, as contained in Third Schedule of Inland Vessels (Prevention and Containment of Pollution) Rules, 2022, as contained in Form 2 on certificate of insurance as contained in Inland Vessels (Insurance, Limitation of Liability and Obligations of Service Providers and Service Users) Rules, 2022; (5) Data and details of reception facilities; (6) Such other forms as may be specified. 4. Powers to issue directions. - The Competent Authority shall issue directions regarding the qualifications, criteria and such other terms and conditions for selection and appointment of nodal officer for the purposes of these Rules. 5. Duties of Nodal Officer: (1) The nodal officer shall monitor, administer and maintain the Central Database and shall ensure that the information recorded and available in the web portal is secured and functional. (2) The nodal officer shall be responsible for collecting the data and details from the Designated Authorities of each state under Rule 9. (3) A report of performance and data received from the Designated Authorities under Rule 9 shall be provided by the nodal officer to the Competent authority at such regular intervals, as may be directed by the Competent Authority (4) Subject to prior permission of Competent Authority for the purposes of performing the duties provided in sub-rule (1) above, nodal officer may appoint officers or persons, who are experts in the field of information technology, data handling and protection and software or hardware development or such other purposes; and such appointment shall be in accordance with the guidelines, terms and conditions as mandated by the Central Government from time to time (5) The nodal officer shall provide for training of officers or persons appointed under him, to ensure appropriate utilization of the database and the management of information contained therein. The nodal officer shall also provide training of officials of Designated Authorities, other sub-ordinate officers and stakeholders on database and management of information. (6) The nodal officer and the officers or persons appointed under sub-rule (4) of Rule 5shall maintain the central database in the following manner i. ensure the integrity, security, standards and quality of data; ii. ensure scalability and performance optimisation; iii. make sufficient mechanisms for backup and recovery; iv. ensure consistency of data; V. maintain documentation and metadata; vi. ensure performance monitoring and optimisation; vii. ensure compliance with relevant data protection regulations such as GDPR, PCI DSS, Meity Guidelines; viii ensure change management and regular maintenance ix and comply with standard operating procedures and guidelines for maintenance of the database, as may be issued by the Competent Authority from time to time. 6. Standards and procedures for maintaining the Central Database: (1) Subject to rule 5, the nodal officer shall ensure that the following standards and procedures are implemented for maintaining the database under these rules in the following manner: i. clear designation of responsibility for managing the database. ii. identification of individuals or teams responsible for data quality, integrity, and security. iii. defining processes for data creation, storage, retrieval, and archiving or deletion. iv. defining roles such as admin, user, guest and specify access rights for each role. V. implementation of secure login mechanisms and determine who can access what data. vi. ensure logging of all database activities for traceability and accountability. vii. performing frequent backups based on data criticality and frequency of updates. viii. defining retention policies for backup data to ensure compliance and optimize storage usage. ix. forming a dedicated database to keep the data intact and secured, Χ. recording the details mandated in clause (f) of section 3), section 41 of the Act or in such other Rules made under the Act; xi. providing source of information or data that has been recorded and maintained is available for verification by authorities concerned; xii. providing user manual, restrictions, procedures and terms and conditions of accessibility to administration and / or third-party access; xiii. assigning registration of accounts, user identity and passwords for user interface; xiv. providing procedures for uploading of information; XV. providing privacy policies, liabilities and copy rights; xvi. updating the database periodically; xvii. maintaining history of searches; xviii. providing necessary disclaimers; and xix. such other matters as may be directed to be included by the Competent Authority from time to time. XX. scheduling routine maintenance tasks such as database optimization, patch management, and software updates. xxi. utilizing collaboration platforms for effective communication among database stakeholders. xxii. establishing channels for users to provide feedback and suggestions for database improvement. xxiii. conduct regular reviews of database guidelines, policies, and procedures to address evolving needs and technologies. xxiv. foster a culture of continuous improvement by soliciting feedback and incorporating lessons learned from past experiences. xxv. scanning of legacy data and uploading in Central database. (2) The users of the Central Database shall ensure that use or search is fully in conformity with the standards and procedures provided under these Rules. 7. Accessibility: (1) The nodal officer and the officers and persons appointed by the nodal officer under sub-rule (4) of rule 5, shall have complete access to the database. (2) Notwithstanding anything contained in sub-rule (1) above, in compliance with terms and conditions issued by the Competent Authority, limited third party access to generic data may be provided. (3) Owners of vessels shall have access only to the information relating to the vessels owned by them. (4) Crew shall have limited access only to their profiles. (5) For the purpose of this Rule, Competent Authority with the prior approval of Central Government may issue such directions or guidelines to provide for the terms and conditions of third-party access. 8. Confidentiality: (1) Any information obtained from the search on the Central Database shall be treated as confidential and shall not be disclosed except for a purpose declared as permitted by the Competent Authority. (2) For the purpose of this rule, Competent Authority may, by direction, provide for such terms and conditions subject to which information could be disclosed by the user. 9. Duty of the Designated Authority. – (1) The Designated Authority of each state shall be responsible for providing the data and details contained in Rule 3 to the Nodal Officer in electronic form at regular intervals of not more than thirty days. (2) The Designated Authority of each state shall be responsible for creating new electronic records in real time of the data and details contained in Rule 3. [F. No. IWT-11011/114/2021-IWT] RAJESH KUMAR SINHA, Addl. Secy.

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