 8m no 159 of 1985 the lighthouse (amendment) bill, 1985 a bill further to amend the lighthoure act, 1927be it enacted by parliament in the thirty-sixth year of the repubuc of india as follows:-1 (1) this act may be called the lighthouse (amendment) act, 1985 (2) it shall come into force on such c:iate as the central government 5 may, by notification in the oftieial gazette, appoint short title and commencement 17 of 1927 amendment of section 2 z in section 2 of the lighthouse act, 1927 (hereinafter referred to as the principal act), after clause (hh), the following clause shall be inserted, namely:-- (hha) "ship" includes a sailing vessel;' 10 j in llection 3 of the principal act, for clauses (b), (c) and (d), the following clauses shall be substituted, namely:-amendment of section 3 " (b) appoint a period: to be ~ director of lighthouses and ligbtships in each distriet; (c) appoint persons to be deputy directors-general of light-15 hou"sea and 'lightships; and (d) appoint a person to be the director-generai of lighthouses and lightships" • in section 4 of the principal act, after sub-section (3), the following sub·section shall be inserted, namely:-amendment of &ection 4 ii (4) no act or proceeding of the advisory committee shall be jnvalidated merely by reason of-(4) any vacancy in, or any defect in constitution of, the 5 advisory committee; (b) any defect in appointment of a person acting as a member of the advisory committee; or (c) any irregularity in the procedure of the advisory committee not affecting the merits of the case" 10 amend-5 in section 6 of the principal act, in sub-section (1), for the expresment of sions "chief tnspector of lighthouses" and "superintendent or inspector section 6 of lighthouses", the expressions "director-general of lighthouses and lightships" and "director or deputy director-general of lighthouses and lightships" shall respectively be substituted 15· 6 after section 8 of the principal act and before the heading "light-dues", the following section shan be inserted, namely:-insertion of new aection sa usa (1) if the central government is of opinion that it is necessary or expedient so to do for unobstructed functioning of any lighthouse, it may, by notification in the otilcial gazette, direct 20 that,- (i) no light shall be established without the prior permission of the central government in case· of genei'al lighthouse and without the prior permission of the local lighthouse authority in case of local lighthouse on any land within such radius, not 25 exceeding one kilometre from the lighthouse, as may be specified in the notification; and power of cedtral govem-idem to prohibit lfibta add recujate hellbts of build-, ~ and trees (ii) no building or structure higher than such height as maybe specified in the notification shall be cons~cted or erected, or no tree, which is  likely to grow or ordinarily grows higher 30 than such height as may be specified in the notification, shall be planted, on any land within such radius, not exceeding one kilometre from the lighthouse as may be specified in the notification -(2) where any light has been· established without or contrary 35 to the permission referred to in clause (i) of sub-section (1), the central government or the local lighthouse authority, as the case may be may, in addition to any other action that may be taken under this act, make an or~ directing that such light shall be removed by the owdei' or the person having control of the light, 40 within such period as may be specified in such order (3) where any building or structure hal been constructed or erected or any tree has been planted in contravention of the directions contained in clauae (ii) of sub-sedlon (1), the central government or the local ughthouae authority, as the case may be, may, til 45 addition to ally otller action that may be taken under this ~ make an order directing that the height of such building, structure or tree shall be reduced to the extent specified in such notification, by the owner or the person having control, of the building or structure r)r the tree, as the case may be, within· such period as may be 5 specified in such order (4) no order under sub-section (2) or sub-section (3) shall be made unless the owner or the person has been given, by means of a n~tice, a reasonable opportunity of showing cause why such order shall not be made 10 (5) if any person fails to remove the light in pursuance of direction contained in the order issued undel' 'ilub-section (2) or reduce the height of the building, structure or tree in pursuance of any direction contained in the order issued under sub-section (3), within the period specified in such order, then, subject to such rules as the central government may make in this behalf, it shall be competent for any oftioer authorised by the central government or the la:al lighthouse authority, as the case may be, in this behalf to xdluwe such light or to reduce the height of such building, structure or tree and the expenses of such removal or reduction shall be recoverable from such person as a land revenue 20 (6) the orders referred to in sub-sections (2) and (3) and the notice referred to in sub-section (4) shan be served on the owner or the person having the control of the light, building, ·structure or tree, as the case may be,-(i) by delivering or tendering it to such owner or person; or (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any oftlcer of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain or failing service by these means; 45 50  (iiti) by post (7) if any person wilfully fails to comply with any directioa contained in any notification issued under sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both (8) every notification issued by the central government under sub-section (1) shall be laid, as soon as may be after it is published in the official gazette, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both· houses agree in making any modification in the notification or both houses agree that the notification should be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such· modification or annulment shall be without prejudice to the validity of anything previously done under the notification", 7 in seetion 10 of the principal act,-(a) for sub-section (1), the following sub-eection shall b substituted namely:-amendment of section 10 "(1) the central government may, by notlflcation in the official gazette, prescribe buch rates as it may deem necessary 5 to provide for the purpose mentioned in section 9, at which lightdues shall be payable, and may prescribe different rates for different classes of ships or sailing vessels or for ships or sailing vessels of the same class when in use for difl'erent purposes or in different circumstances"; 10 (b) after sub-section (3) the following sub-section shall be inserted, namely:- (4) every notification issued by the central government under sub-section (1) shall be laid, u soon as may be after it is published in the oftlcial gazette, before each house of parlia- 15 ment, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesai~ both houses agree in making any modification in the noti- 20 fieation or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no e1fect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done 25 under ~he notification" 8 in section 12 of the principal act, for sub-section (1), the following ~ub-section shall be substituted, namely:-amendmentol retlon12  w (1) for the purposes of levy of light-dues, the tonnage of a ship or sailing vessel shall be reckoned as 1dlder the merchant 30 shipping act, 1958 for dues payable on a ship's tonnage incluc:ting 44 of 1958 the tonnage of any space added under the said act to the tonnage of ships by reason of such space being utilised for carrying cargo" 9 in section 21 of the principal act in sub-section (2) ,-amendment of section 21 (i) for clause (a), the following clause shall be substituted,35 namely:-" (4) the powers and dutiea of the director-general of lighthouses and: lightships and dlrec'tori and deputy directors-general of ughtbousea and ligbtships;"; (ii) after clause (b), the following clause shall be inserted, 40 namely:- (bb) the manner in which the light may be removed and the height of the building, structure or tree may be reduced under 8~~ (5) of section sa;" the lighthouse act does not provide an independent definition of "sauing vessel" therefore, it has become necessary to include in section 2 a definition of the expression ''ship''· to the effect that "ship" includes a sailing vessel 2 consequent upon the change in the designation of oftlcers mentioned in sections 3, 6 and 21 of the act, it has become necessary to substitute the same by appropriate designations presently in vogue 3 at present there is no provision in the act to preserve the validity of the acts or proceedings ,of the central advisory committee appointed under section 4 (1), from challenge on the ground of existence of any vacancy in or defect in constituting the committee or any irregularity of procedure not affecting the merits of the case a new section 4 (4) for this purpose has been proposed for insertion in the act 4 the lighthouses and other aids to nevigation are vital for the shipping traffic and it is imperative that their flidctions should in no way be allowed to be obstructed since the act does not contain any provision for the removal of obstructions it has become necessary to confer powers in this behalf on the central government by incorporating suitable enabling provisions in the act the new seetion sa is proposed to be inserted for meeting such contingencies 5 according to section 10(1) of the act, as amended in 1976" the maximum rate at which light-dues· may be levied is rs 150 per tonne the rate i,s not at all adequate to meet the cost of services which have to be rendered the enhancement of the l'ates of light-dues by resorting to amendments of section 10(1) has proved to be a long and time consuming process resulting in a considerable loss of revenue to the department in view of this position, it is proposed to amend section 10 (1) of the act so as to enable the central government to prescribe by notification in the official gazette' such rates as are necessary to provide for the purpose mentioned in section 9 of the act at which light-dues shall be payable and lay such notification before each house of parliament 6 at present, no light-dues can be levied on the additional cargo carried on the deck and thereby a considerable amount of revenue is being lost accordingly, it has become necessary to amend section 12(1) of the act 7 the bill seeks to achieye the above objects nrm dam; z r ansari the 14th august 1985 clause 9 of the bill seeks to insert new clause (bb) in sub-section (2) of section 21 so as to empower the central government to make rules regarding the manner in which the light may be removed and the height of the building, structure or tree may be reduced 2 this is a matter of procedure and administrative detail 3 the delegation of legislative power is, therefore, of a normal character  extracts prom the lighthouse act 1927(17 of 1927) - - - - - appointment of ofticen 3 the central govemment may, by notifieation in the gazette,-official l' - - - - - (b) appoint a person to be the superintendent of lighthouses in each district; (c) appoint a person to be the chief inspector of lighth9uses in india; and (d) appoint persons to be inspectors of lighthouses advisory committees 4 (1) the central government shall appoint a central advisory committee and shall consult it in regard to-(a) the erection ·or position of lighthouses or of any works appertaining thereto; (b) additions to, or the alteration or removal of, lighthouses; (c) the variation of the character of any lighthouse or of the mode of use thereof; (d) the cost of any proposals relating to lighthouses; or (e) the making or alteration of any rules or rates of dues under this act (2) the central government may, jf it thinks fit, appoint an advisory committee for any district for the purpose of advising in regard to any of the matters specified in sub-section (1) in so far as·the interests of the district are affected thereby (3) advisory committees shall consist of persons representing interests affected by this act or having special knowledge of the subjectmatter thereof - - - - - power to inspect local liahthoulelo 6 (1) the chief inspector of lighthouses may, at any time, and any superintendent or inspector of lighthouses may, if authorised in this behalf by a general or special order in writing of the central government, enter upon and inspect any local lighthouse and make such inquiries in respect thereof or ot the management thereof as he thinks fit - - - - - 10 (1) the central government may, by notification in the of!lcial rates of gazette, prescribe rates, not exceeding one rupee and fifty paise per ton li,bt-duol at which light-dues shall be payable, and may prescribe  different rates leviable for different classes of ships, or for ships of the same class when in use for different purposes or in different circumstances - - - - - om of 1958 lz (1) for the purpose of the levy of light-dues, a ship's tonnage ascertainshall be reckoned as under the merchant shipping act, 1958, for dues ment of payable on a ship's tonnage tonnage - - - - - power to makeru1el 21 (1) - - - ' - (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the powers and duties of the chief inspector of lighthouses and of superintendents and inspectors of lighthouses; - - - - -  a billfurter to amend the lightjaouse act, 1127 (shti z r ansari, minibter of state of the minibtry of shiplri~ anti t  ,m) 