Date: 2016-04-27Category: Extra OrdinaryState: Union GovernmentCountry: India
Whereas a draft notification to rescind the Merchant Shipping Distress Messages and Navigational Warnings Rules 1964 which the Central Government proposes to issue in exercise of the powers
Executive Summary:
This notification announces the rescinding of the Merchant Shipping Distress Messages and Navigational Warnings Rules, 1964. The decision follows a draft notification issued on November 17, 2015, which invited objections or suggestions over a 30-day period. The rescission is enacted by the Central Government, utilizing powers conferred by the Merchant Shipping Act, 1958, and the General Clauses Act, 1897.
Key Points / Main Content:
Rescission of Rules:
* The Merchant Shipping Distress Messages and Navigational Warnings Rules, 1964, are rescinded.
* This action is taken by the Central Government.
Authority:
* The rescission is enacted under the powers conferred by section 356 of the Merchant Shipping Act, 1958, and section 21 of the General Clauses Act, 1897.
Notification Process:
* A draft notification was published on November 17, 2015, inviting objections or suggestions within 30 days.
* No objections or suggestions were received within the specified period.
Exception:
* The rescission does not affect actions already taken or omitted before the date of rescission.
Impact Analysis:
Central Government:
* Impact: Responsible for enacting and enforcing the rescission.
* Action Required: Ensure compliance with the new regulatory landscape following the rescission.
Shipping Wing of the Ministry of Shipping:
* Impact: Responsible for implementing the rescission.
* Action Required: Update relevant documentation and procedures to reflect the rescission of the 1964 rules.
Stakeholders Affected by Merchant Shipping:
* Impact: Operations are no longer governed by the Merchant Shipping Distress Messages and Navigational Warnings Rules, 1964.
* Action Required: Adapt practices and procedures to comply with any new or existing regulations in the absence of the rescinded rules.
Key Entities Referenced
Central Government: The governing body that proposes and issues the notification.
Ministry of Shipping: The ministry responsible for shipping related matters.
New Delhi: The location where the notification was issued, New Delhi, Delhi, India.
Merchant Shipping Distress Messages and Navigational Warnings Rules, 1964: The set of rules that are being rescinded by this notification.
Merchant Shipping Act, 1958: The Act of Parliament that confers powers to the Central Government for shipping regulations.
General Clauses Act, 1897: The Act of Parliament related to general clauses.
Gazette of India: The official government gazette where the notification and draft notification were published.
Alok Srivastava: Additional Secretary who approved the notification
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2029 GI/2016 (1)No THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEc. 3(i)]
MINISTRY OF SHIPPING
(Shipping Wing)
NOTIFICATION
New Delhi, the 26th April, 2016
G.S.R. 456 (E).— Whereas, a draft notification to rescind the Merchant Shipping (Distress Messages and
Navigational Warnings) Rules, 1964, which the Central Government proposes to issue. in cxercise of the powers
conferred by section 356 of the Merchant Shipping Act. 1958 (44 of 1958) read with section 21 of the General Clauses
Act, 1897 (10 of 1897), was published in the Gazette of India, Extraordinary, Part II, section 3, sub- section (i) vide
G.S.R. 872 (E), dated the 17° November, 2015 (hereinafter referred to as the said notification), inviting the objections or
suggestions from all persons likely to be affected thereby within a period of thirty days from the date on which copy of
the said notification were made available to the public;
And whereas, copies of the said notification were made available to the public on 17" November 2015;
And whereas, no objections or suggestions have been received in response to the said notification within the
specified period of thirty days;
Now. therefore, in exercise of the powers conferred by section 356 of the Merchant Shipping Act, 1958 (44 of
1958) read with section 21 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby rescinds the
Merchant Shipping (Distress Messages and Navigational Warnings) Rules, 1964, published in the Gazette of India, Part
II, section 3, sub-section (i) vide notification number G.S.R 157, dated the 17th January, 1964.except as respects things
done or omitted to be done before such recession.
[No.20019/2/9/2014-MA]
ALOK SRIVASTAVA, Addl. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-1 10064
and Published by the Controller of Publications, Delhi-1 10054,