The Ministry of Ports, Shipping and Waterways (MoPS&W) on September 10, 2024, issued the Merchant Shipping (Appeal) Rules, 2024.
The following rules have been stated:
• Appeal. - (1) Any 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 form.
(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 issued 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 authorized 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 received.
(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 period 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 Appellate 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 of the appeal.
• 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.
They shall come into force on September 10, 2024.
[Notification No. G.S.R. 558(E)]
