(1) This Act may be called the 1 LighthouseAct, 1927.

(2)It extends to the whole of India 2.

(3) It shall come into force on such date3as the Central Government may, by notification in theOfficial Gazette, appoint.

1. The word "Indian" omitted by Act 37 of 1976, s. 2 (w.e.f. 15-4-1976).

2. The words "except Part B States" omitted by Act 18 of 1953, s. 2.

3. 1st. April, 1929, see Gazette of India, 1929, Pt. I, p. 96.

In this Act, unless there is anything repugnant in the subject orcontext,--

1

(b) "district" means an area defined as a district for the purposes of this Act undersection 3;

(c) "general lighthouse" means any lighthouse which the Central Government may, bynotification in the Official Gazette, declare to be a general lighthouse for the purposes ofthis Act;

(d) "lighthouse" includes any light-vessel, fog-signal, buoy, beacon, or any mark, sign orapparatus exhibited or used for the guidance of ships;

(e) "local lighthouse" means any lighthouse which is not a general lighthouse;

(f) "local lighthouse authority" means a State Government, local authority or otherperson having the superintendence and management of a local lighthouse;

(g) "owner" includes any part-owner, charterer, or mortgagee in possession and any agent towhom a ship is consigned;

(h) "port" means any port, as defined in the Indian Ports Act, 1908 (15 of 1908), to which thatAct extends; 2

3p[(hh) "proper officer", in relation to any functions to be performed under this Act,means the officer of Customs who is assigned those functions by the Central Board ofExcise and Customs constituted under the Central Boards of Revenue Act, 1963(54 of 1963), and includes any person appointed by the Central Government todischarge the functions of a proper officer under this Act;]

4[(hha) "Ship" includes a sailing vessel;

(i) words and expressions used in this Act and not otherwise defined have thesame meanings respectively as in the 5[Merchant Shipping Act, 1958 (44 of 1958)].

1. Clause (a) omitted by Act 37 of 1976, s. 4 (w.e.f. 15-4-1976).

2. The word "and" omitted by s. 4, ibid. (w.e.f. 15-4-1976).

3. Ins. by s. 4, ibid. (w.e.f. 15-4-1976).

4. Ins. by Act 66 of 1985, s. 2 (w.e.f. 1-2-1986).

5. Subs. by Act 37 of 1976, s. 4, for "Indian Merchant Shipping Act, 1923" (w.e.f. 15 -4-1976).

The Central Government may, by notification in the OfficialGazette,--

(a) define areas to be districts for the purposes of this Act;

1[(b) appoint a person to be the Director of Lighthouses and Lightships in eachdistrict;

(c) appoint persons to be Deputy Directors-General of Lighthouses andLightships; and

(d) appoint a person to be the Director-General of Lighthouses and Lightships.]

1. Subs. by Act 66 of 1985, s. 3, for clauses (b), (c) and (d) (w.e.f. 1-2-1986).

(1) The Central Government shall appoint a CentralAdvisory 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 usethereof;

(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, if it thinks fit, appoint an Advisory Committee for anydistrict for the purpose of advising in regard to any of the matters specified insub-section (1) in so far as the interests of the district are affected thereby.

(3) Advisory Committees shall consist of persons representing interests affected bythis Act or having special knowledge of the subject-matter thereof.

1[(4) No act or proceeding of the Advisory Committee shall be invalidated merely byreason of--

(a) any vacancy in, or any defect in constitution of, the Advisory Committee;

(b) any defect in appointment of a person acting as a member of the AdvisoryCommittee; or

(c) any irregularity in the procedure of the Advisory Committee not affecting themerits of the case.]

1. Ins. by s. 4, ibid. (w.e.f. 1-2-1986).

(1) The superintendence and management of all general lighthouses are vestedin the Central Government.

(2) The Central Government may require any local lighthouse authority to undertake thesuperintendence and management of any general lighthouse situated in or adjacent to thelocal limits within which the authority exercises its powers, and shall pay to the authoritysuch sums to defray the cost of superintendence and management as the Central Governmentmay determine.

(1) The 1[Director-General of Lighthouses andLightships] may, at any time, and any 2[Director or Deputy Director-General of Lighthousesand lightships] may if authorised in this behalf by a general or special order in writing of theCentral Government, enter upon and inspect any local lighthouse and make such inquiries inrespect thereof or of the management thereof as he thinks fit.

(2) Every person having the charge of, or concerned in the management of, any lighthouseshall be bound to furnish to any officer authorised by or und er sub-section (1) to inspect thelighthouse all such information regarding the same as the officer may require.

(3) Every local lighthouse authority shall furnish to the Central Government all suchreturns and other information in respect of the lighthous es under its supervision andmanagement, or of any of them, as the Central Government may require.

1. Subs. by Act 66 of 1985, s. 5, for "Chief Inspector of Lighthouses" (w.e.f. 1-2-1986).

2. Subs. by s. 5, ibid., for "Superintendent or Inspector of Lighthouses" (w.e.f. 1-2-1986).

(1) If, after an inspection undersection 6 or such other inquiry as thinks fit, the Central Government is satisfied that a direction under thissub-section is necessary or expedient for the safety, or otherwise in the interests, of shipping, it may directany local lighthouse authority--

(a) to remove or discontinue or to refrain from moving or discontinuing any lighthouse under itssuperintendence and management or to make or refrain from making any variation in the character ormode of use of any such lighthouse, or

(b) to erect, place or maintain , or to refrain from erecting, placing or maintaining any lighthousewithin the local limits within which the local lighthouse authority exercises its powers.

(2) A local lighthouse authority shall not erect, place, remove or discontinue any lighthouse or varythe character or mode of use of any lighthouse, unless it has given to the Central Government at least onemonth's notice in writing of its intention so to do:

Provided that, in cases of emergency, a local lighthouse authority may take such action as it deemsnecessary and shall give immediate notice of the same to the Central Government and, so far as ispossible, to all shipping approaching or in the vicinity of the lighthouse.

(3) If a local lighthouse authority--

(a) fails to comply with any direction made under sub-section (1), or

(b) fails to exercise or perform, or exercises or performs in an improper, inefficient or unsuitablemanner, any power or duty relating to the superintendence or management of lighthouses conferred orimposed upon it by or under any law for the time being in force, or

(c) fails to make adequate financial provision for the performance of any such duty,

the Central Government may, by order in writing, require the local lighthouse authority to comply withthe direction, or to make arrangements to the satisfaction of the Central Government for the properexercise of the power or performance of the duty or to make financial provision to the satisfaction of theCentral Government for the performance of the duty as the case may be within such period as the CentralGovernment may specify.

(4) If the local lighthouse authority fails to comply with an order made under sub-section (3) withinthe specified period or within such further time as the Central Government may allow, the Central Government may exercise the power or perform the duty or make the requisite financial provision, as thecase may be, and the local lighthouse authority shall be liable to repay to the Central Government anyexpenditure incurred by it in so doing.

The Central Government may,at the request of a local lighthouse authority, undertake the superintendence and management of any locallighthouse on its behalf, and the local lighthouse authority shall pay to the Central Government such sumsto defray the cost of superintendence and management as may be agreed.

1[8A. Power of Central Government to prohibit lights and regulate heights of buildings,structures and trees.--(1) If the Central Government is of opinion that it is necessary orexpedient so to do for unobstructed functioning of any lighthouse, it may, by notification in theOfficial Gazette, direct that,--

(i) no light shall be established without the prior permission of the Central Governmentin case of general lighthouse and without the prior permission of the local lighthouseauthority in case of local lighthouse on any land within such radius, not exceeding onekilometre from the lighthouse, as may be specified in the notification; and

(ii) no building or structure higher than such height as may be specified in thenotification shall be constructed or erected, or no tree, which is likely to grow or ordinarilygrows higher than such height as may be specified in the notification, shall be planted, onany land within such radius, not exceeding one kilometre from the lighthouse, as may bespecified in the notification.

(2) Where any light has been established without or contrary to the permission referredto 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 order directing that such light shall be removed by the owner or the person havingcontrol of the light, within such period as may be specified in such order.

(3) Where any building or structure has been constructed or erected or any tree has beenplanted in contravention of the directions contained in clause (ii) of sub-section (1), the CentralGovernment or the local lighthouse authority, as the case may be, may, in addition to any otheraction that may be taken under this Act make an order directing that the height of suc hbuilding, structure or tree shall be reduced to the extent specified in such notification, by theowner or the person having control of the building or structure or the tree, as the case may be,within such period as may be specified in such order.

(4) No order under sub-section (2) or sub-section (3) shall be made unless the owner orthe person has been given, by means of a notice, a reasonable opportunity of showing causewhy such order shall not be made.

(5) If any person fails to remove the light in pursuance of direction contained in the orderissued under sub-section (2) or reduce the height of the building, structure or tree in pursuanceof any direction contained in the order issued under sub-section (3), within the period specifiedin such order, then, subject to such rules as the Central Government may make in this behalf, itshall be competent for any officer authorised by the Central Government or the local lighthouseauthority, as the case may be, in this behalf to remove such light or to reduce the height of suchbuilding, structure or tree and the expenses of such removal or reduction shall be recoverablefrom such person as a land revenue.

(6) The orders referred to in sub-sections (2) and (3) and the notice referred to in sub-section (4)shall be served on the owner or the person having the control of the light, building, structure or tree, asthe 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 officer ofsuch 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 orperson is known to have last resided or carried on business or personally worked for gain, orfailing service by these means;

(iii) by post.

(7) If any person wilfully fails to comply with any direction contained in any notificationissued under sub-section (1), he shall be punishable with imprisonment for a term which mayextend 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 orin two or more successive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agree in making anymodification in the notification 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 effect, as thecase may be; so, however, that any such modification or annulment shall be without prejudiceto the validity of anything previously done under the notification.]

1. Ins. by Act 66 of 1985, s. 6 (w.e.f. 1-2-1986).

For the purpose of providing or maintaining or ofproviding and maintaining lighthouses for the benefit of ships voyaging to or from 1[India] orbetween ports in 1[India], the Central Government shall, subject to the provisions of this Act,cause light-dues to be levied and collected in respect of every ship arriving at or departing fromany port in 1[India].

1. Subs. by the A.O. 1950, for "the Provinces".

2[(1) The Central Government may, by notification inthe Official Gazette, prescribe such rates, as it may deem necessary to provide for the purposementioned in section 9, at which light-dues shall be payable, and may prescribe different ratesfor different classes of ships or sailing vessels, or for ships or sailing vessels of the same classwhen in use for different purposes or in different circumstances.]

(2) Light-dues payable in respect of a ship shall be paid by the owner or master of the ship on itsarrival at, and on its departure from, any port in 1[India]:

Provided that, if light-dues have been paid in accordance with the provisions of this Act inrespect of any ship, no further dues shall become payable in respect of that ship for a period ofthirty days from the date on which the dues so paid became payable.

(3) An order under sub-section (1) imposing, abolishing or varying light-dues shall nottake effect till the expiration of thirty days from the day on which the order was notified inthe Official Gazette.

3[(4) 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 orin two or more successive sessions, and if, before the expiry of the session immediately followingthe session or the successive sessions aforesaid, both Houses agree in making any modification inthe notification or both Houses agree that the notification should not be made, the notification shallthereafter 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 anythingpreviously done the notification.]

1. Subs. by the A.O. 1950, for "the Provinces".

2. Subs. by Act 66 of 1985, s. 7, for sub-section (1) (w.e.f. 1-2-1986).

3. Ins. by s. 7, ibid. (w.e.f. 1-2-1986).

Light-dues shall be paid to the ¹⁵[proper officer] who shallgrant to person paying the same a receipt in writing specifying--

(a) the port at which the dues have been paid;

(b) the amount of the payment;

(c) the date on which the dues became payable; and

(d) the name, tonnage and other proper description of the ship in respect of which the payment ismade.

1. Subs. by Act 37 of 1976, s. 3, for"Customs -collector" (w.e.f. 15-4-1976),

1[(1) For the purposes of levy of light-dues, the tonnage ofa ship or sailing vessel shall be reckoned as under the Merchant Shipping Act, 1958(44 of 1958) for dues payable on a ship's tonnage including the tonnage of any space addedunder the said Act to the tonnage of ships by reason of such space being utilised for carryingcargo.]

(2) In order to ascertain the tonnage of any ship for the purpose of levying light-dues,the 2[proper officer] may--

3[(a) if the ship is registered under any law for the time being in force in India orunder the law of any country, other than India, being a country the ships of which arerecognised or accepted by the Central Government to be of the tonnage denoted in theircertificates of registry or other national papers under any order made under anyenactment repealed by sub-section (1) of section 461 of the Merchant Shipping Act,1958 (44 of 1958), and continued in force under clause (a) of sub-section (3) of thatsection or under any rule made under clause (b) of sub-section (2) of section 74 of thesaid Act (any such ship being hereafter in this section referred to as registered ship),require the owner or master or other person having possession of the ship s register orother papers denoting her tonnage to produce the same for inspection and, if such owner,master or other person refuses or neglects to produce the register or papers, as the casemay be, or otherwise to satisfy the proper officer as to the tonnage of th e ship, cause theship to be measured and the tonnage to be ascertained; or]

(b) If the ship is not a registered ship and the owner or master fails to satisfy the2[proper officer] as to the true tonnage thereof according to the mode of measurementprescribed by the law for the time being in force for regulating the measurement ofregistered ships, cause the ship to be measured and the tonnage thereof to be ascertainedaccording to such mode.

(3) If any person refuses or neglects to produce any register or other papers or otherwiseto satisfy the 2[proper officer] as to the true tonnage of any ship when required to do sounder this section, such person shall be liable to pay the expenses of the measurement of theship and of the ship and of the ascertainment of the tonnage, and if the ship is registeredship, shall further, on conviction by a Presidency Magistrate or Magistrate of the first classhaving jurisdiction in the port where the ship lies or in any port to which she may proceed,be punishable with fine which may extend to one thousand rupees.

1. Subs. by Act 66 of 1985, s. 8, for sub-section (1) (w.e.f. 1-2-1986).

2. Subs. by Act 37 of 1976, s. 3, for "Customs-collector" (w.e.f. 15-4-1976).

3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 15-4-1976).

(1) If the owner or master of any ship refuses orneglects to pay to the 1[proper officer] on demand the amount of any light-dues or expenses payable underthis Act in respect of the Ship, the 1[proper officer] may seize the ship and the tackle, apparel andfurniture belonging thereto, or any part thereof, and detain the same until the amount of the dues orexpenses, together with the costs of the seizure and detention in paid.

(2) If any part of such dues, expenses or costs remains unpaid after the expiry of five days followingthe date of the seizure, the 1[proper officer] may cause the ship or other thing seized to be sold, and withthe proceeds of the sale may satisfy the dues, expenses or costs remaining unpaid, together with the costsof the sale and shall repay the surplus, if any, to the person by whom the same were payable.

1. Subs. by Act 37 of 1976, s. 3, for "Customs-collector" (w.e.f. 15-4-1976).

The officer whose duty it is to grant a port-clearancefor any ship shall not grant the port-clearance until the amount of all light-dues expenses and costs payable in respect of the ship under this Act and of any fines imposed thereunderhas been paid, or until security for the payment thereof has been given to his satisfaction

If any dispute arises as towhether light-dues, expenses or costs are payable in respect of any ship under this Act or asto the amount of such dues, expenses or costs, the dispute shall, on application made in thisbehalf by either of the disputing parties, be heard and determined by a PresidencyMagistrate or Magistrate of the first class having jurisdiction at the place where the disputearises, and the decision of such Magistrate shall be final.

(1) If the master of anyship in respect of which any light-dues are payable at any causes the ship to leave such portwithout having paid the same the ¹[proper officer] at that port may by writing require the¹[proper officer] at any other port in ²[India] to which the ship may proceed or in which shemay be recover the dues remaining unpaid.

(2) Any ¹[proper officer] to whom such a requisition is directed shall proceed to levysuch sum as if it were payable under this Act at the port at which he is the ¹[proper officer],and a certificate by the ¹⁹[proper officer] at the port at which the light-dues first becamepayable, stating the amount payable, shall be sufficient proof in any proceeding undersection 13 or section 15 that such amount is payable.

1 Subs. by Act 37 of 1976, s. 3, for "Customs-collector" (w.e.f. 15-4-1976).

2. Subs. by the A.O. 1950, for "the Provinces".

(1) If the owner or master of a shipevades or attempts to evade the payment of any light-dues, expenses or costs payable inrespect of the ship under this Act, he shall, on conviction by a Presidency Magistrate orMagistrate of the first class having jurisdiction in any port to which the vessel may proceedor in which she may be, found, be punishable with fine which may extend to five times theamount of the sum payable.

(2) In an proceeding before a Magistrate in a prosecution under sub -section (1), any suchcertificate as is mentioned in sub-section (2) of section 16, stating that the owner or masterhas evaded such payment shall be sufficient proof of the evasion unless the owner or mastershows to the satisfaction of the Magistrate that the departure of the vessel without paymentof the sum was caused by stress of weather, or that there was lawful or reasonable groundsfor such departure.

The following ships shall be exempted from thepayment of light-dues under this Act, namely:--

(a) any ship belonging to Government 1 or to a foreign Prince or State and not carrying cargoor passenger for freight or fares ; and

(b) any ship of a tonnage of less than fifty tons ;

and the Central Government may, by notification in the Official Gazette, exempt any other ships, orclasses of ships or ships performing specified voyages from such payment either wholly or to such extentonly as may be specified in the notification.

1. The word "or the Government." left out by the A.O. 1937.

Where light-dues have been paid in respect of anyship in excess of the amount payable under this Act, no claim to refund of such ex cesspayment hall be admissible, unless it is made within six months from the date of eachpayment.

1[19A.Fees.--Fees may be charged for providing assistance to ships for calibrating theirWireless Direction Finders and for rendering other services to vessels, at such rates as theCentral Government may specify in the rules made under this Act.]

1. Ins. by act 37 of 1976, s. 7 (w.e.f. 15-4-1976).

(1) The Central Government shall cause to be maintained aseparate account of all amounts received by way of light-dues, expenses, costs and finesunder this Act and of all expenditure incurred for the purposes of this Act, and shall causesuch account to be laid before the Central Advisory Committee as soon as possible after theclose of each financial year.

(2) The Central Government shall cause to be laid before the Central AdvisoryCommittee before the close of each financial year a statement of the estimated receiptsunder, and expenditure for the purpose of this Act during the forthcoming year.

1

1. The heading "DELEGATION OF POWERS"omitted by Act 37 of 1976, s. 8 (w.e.f. 15-4-1976).

[Delegation of powers to Director-General of Shipping.] Omitted by the IndianLighthouse (Amendment) Act, 1976 (37 of 1976), s. 8 (w.e.f. 15-4-1976).

(1) The Central Government 1[may, by notification in theOfficial Gazette, make rules] consistent with this Act to carry into effect the purposesthereof.

(2) In particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:--

2[(a) the powers and duties of the Director-General of Lighthouses and Lightshipsand Directors and Deputy Directors-General of Lighthouses and Lightships;]

(b) the procedure and conduct of business of Advisory Committees constituted underthis Act;

3[(bb) the manner in which the light may be removed and the height of the building,structure or tree may be reduced under sub-section (5) of section 8A.]

(c) the rate of travelling and subsistence allowance payable to members of AdvisoryCommittees; 4

5[(cc) the rates of fees for providing assistance to ships for calibrating theirWireless Direction Finders and for rendering other services to vessels;]

(d) the period in respect of which and the form in which the separate account referred toin sub-section (1) of section 20 shall be kept and the forms in which that account and thestatement referred to in sub-section (2) of that section shall respectively be presented to theCentral Advisory Committee.

5[(3) Every rule made by the Central Government under this section shall be laid, as soonas may be after it is made, before each House of Parliament while it is in session for a totalperiod of thirty days which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediate ly following the session or thesuccessive sessions aforesaid, both Houses agree in making any modification in the rule, orboth Houses agree that the rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity of anything previouslydone under that rule.]

1. Subs. by s. 9, ibid., for "may make rules" (w.e.f. 15-4-1976).

2. Subs. by Act 66 of 1985, s. 9, for clause (a) (w.e.f. 1-2-1986).

3. Ins. by s. 9, ibid. (w.e.f. 1-2-1986).

4. The word "and" omitted by Act 37 of 1976, s. 9 (w.e.f. 15-4-1976).

5. Ins. by s. 9, ibid. (w.e.f. 15-4-1976).

[Repeals.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 andthe Schedule.