Section 43 of The Recycling of Ships Act, 2019 in hindi
Power to make regulations.
- (1)The National Authority with the previous approval of the Central Government, by notification in the Official Gazette, may make regulations not inconsistent with the provisions of this Act and the rules made thereunder.
- (2)In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
- (a)the requirements relating to ship recycling facility under clause (o) of sub-section (1) of section 2;
- (b)the manner of preparation of a ship recycling facility management plan under sub-section (1) of section 12;
- (c)the equipment and other standards to be maintained by the Ship Recycler under sub-section (5) of section 12;
- (d)the form in which a certificate of authorisation shall be issued under sub-section (6) of section 12;
- (e)the period of validity of certificate of authorisation for ship recycling facility under sub-section (8) of section 12;
- (f)the manner of enquiry or inspection by the Competent Authority under sub-section (2) of section 13;
- (g)the manner of making an application to the National Authority for a ready for recycling certificate under sub-section (1) of section 16;
- (h)the manner and format for issuing of the ready for recycling certificate under sub-section (2) of section 16;
- (i)the manner of obtaining the written permission of the Competent Authority under sub-section (1) of section 18;
- (j)the authority to authorise the ship recycling facility under sub-section (2) of section 18;
- (k)submission of documents by ship owner under clause (ii) of sub-section (1) of section 19;
- (l)the conditions for safe-for-entry or safe-for-hot work or both under sub-section (2) of section 19;
- (m)the form and manner of issue of statement of acceptance by the Ship Recycler under sub-section (4) of section 20;
- (n)the requirements relating to removal and management of hazardous materials and basic infrastructure to be complied with by the Ship Recycler under clause (b) of section 21;
- (o)the manner of serving of notice by the Competent Authority to a Ship Recycler in case of oil spill under sub-section (2) of section 22;
- (p)the manner of submission of statement of completion by the Ship Recycler under section 23; and
- (q)any other matter which is required to be, or may be, specified by regulations.
Summary
- The National Authority can make regulations under this Act, but they must first obtain previous approval from the Central Government.
- These regulations must be published by notification in the Official Gazette (the public journal used by the government to announce new laws and regulations) and must be consistent with the Act and any rules made under it.
- Regulations can detail requirements for ship recycling facilities, including the preparation of facility management plans, equipment, and safety standards.
- Regulations can specify the format and the period of validity of the certificate of authorisation (the official permit to recycle ships), which under Section 12 cannot exceed five years.
- Regulations can govern the procedures for facility enquiries, inspections, ready for recycling certificates, written permissions, and safe operational conditions.
- Regulations can prescribe the format for statements of acceptance, waste management, oil spill notices, and statements of completion.
Practical examples
FAQ
1. Who has the power to make regulations under the Act?
The National Authority has the power to make regulations, but they must get previous approval from the Central Government.
2. Do these regulations have to be published?
Yes, they must be published by notification in the Official Gazette.
3. Can regulations cover the validity period of a ship recycling facility's certificate of authorisation?
Yes, the regulations can specify the validity period of the certificate of authorisation, which under Section 12 cannot exceed five years.
4. What must these regulations be consistent with?
The regulations must not be inconsistent with the provisions of the Act and the rules made by the Central Government under the Act.
Test yourself
Q1.Under Section 43 of The Recycling of Ships Act, 2019, which of the following is a mandatory condition for the National Authority to make valid regulations?
Q2.Under Section 43 of The Recycling of Ships Act, 2019, read with Section 12 of the Act, which of the following facility authorisation details is specified by regulations made by the National Authority rather than rules made by the Central Government?
Q3.Under Section 43 of The Recycling of Ships Act, 2019, read with Section 13 of the Act, how is the manner of conducting an enquiry or inspection of a ship recycling facility by the Competent Authority determined?
Q4.Under Section 43 of The Recycling of Ships Act, 2019, and Section 2 of the Act, how are the requirements established for a site, yard, or facility to qualify as a ship recycling facility?