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REGD. No. D. L.-33004/99
CG-DL-E-30032026-271418
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 195]
NEW DELHI, TUESDAY, MARCH 24, 2026/CHAITRA 3, 1948
2131 GI/2026
(1)
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[PART II—SEC. 3(i)]
(a) "Act" means the Merchant Shipping Act, 2025 (24 of 2025);
(b) "appellant" means a person preferring an appeal under sub-section (2) of section 282 or
sub-section (4) of section 317 of the Act;
(c) "appellate authority" means the Director-General appointed under section 7 of the Act;
(d) "electronic portal" includes one or more web or electronic based systems set up and
maintained by the Central Government, as may be specified, for the purposes of filing,
creation, issuance, receipt, maintenance and retrieval of any form, application, document,
certificate, licence, permit, sanction, approval, endorsement, logbook, record book, notice,
communication, fee, or any other particulars or documents required to be filed under the
Act or the rules made thereunder;
(e) "Form" means a Form appended to the Schedule to these rules; and
(f) "penalty" means the penalty specified under sub-section (1) of section 282 of the Act and
the rules made thereunder.
(2) Words and expressions used in these rules and not defined, but defined in the Act, shall
have the same meanings as assigned to them in the Act.
CHAPTER II
APPEALS AGAINST ORDER OF PRINCIPAL OFFICER IMPOSING PENALTY.
3. Appeal against order of Principal Officer. - (1) Any person aggrieved by an order of
the principal officer imposing penalty may prefer an appeal before the appellate authority.
(2) The appeal shall be filed before the appellate authority within a period of thirty days
from the date of receipt of the order referred to in sub-rule (1).
(3) The appeal shall be accompanied by a copy of the order imposing penalty passed by the
principal officer with mention of a clear statement of facts appealed against, the grounds
for appeal and the relevant section of the Act, in the format specified in Form-I.
(4) The appeal shall be filed in triplicate by the appellant or by his duly authorised
representative or by an advocate duly appointed in this behalf in person, by speed post or
through electronic means.
(5) The appeal sent by speed post shall be deemed to have been filed to the appellate
authority on the day it is received by the office of the appellate authority.
(6) If, the appeal is found to be in order on scrutiny, 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 such defects within a period of fifteen days, and if the
appellant fails to rectify such defects within the said period, the Appellate Authority may,
by order and reasons to be recorded in writing, decline to register such appeal and
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[PART II—SEC. 3(i)]
communicate such refusal to the appellant within a period of seven days from expiry of the
period provided to the appellant to rectify defects.
(7) A copy of the appeal along with notice shall be served by the appellate authority on the
respondent, by hand or by speed post or through electronic means.
(8) The respondent may, within a period of fifteen days of service of notice of appeal
referred to in sub-rule (7), file a reply to the appellate authority.
(9) The appellate authority may, after the reply is filed by the respondent or on the expiry
of period given thereafter in sub-rule (8), whichever is earlier, call for the records relating
to the proceedings from the respective Principal Officer.
(10) The appellate authority may, after giving the parties to the appeal a reasonable
opportunity of being heard, pass such orders as it may consider appropriate.
(11) The appellate authority shall dispose of the appeal within a period of thirty days from
the date of receipt of the appeal:
Provided that for the purpose of this sub-rule, the date of receipt of the appeal shall
be reckoned from the date when all the defects are rectified by the appellant.
4. Order and penalties. - Every order under these rules, shall be in writing with reasons,
dated, signed and affixed with the seal of appellate authority before it is communicated to
all the parties.
5. Orders passed by the appellate authority. - (1) Subject to rule 3, the appellate authority
may
(a) confirm or modify or set aside or reverse the orders of the principal officer imposing
penalty or, which are appealed against.
(b) confirm or reduce or enhance or set aside the penalty imposed by the order appealed
against or impose any penalty in accordance with the Act, where no penalty was imposed
by the principal officer:
Provided that no order imposing an enhanced penalty shall be made unless the
appellant has been given a reasonable opportunity of making a representation against such
enhanced penalty before being heard and reasons for such enhancement have been duly
recorded in writing; and
(c) pass such orders as it may deem fit in the circumstances of the case.
(2) No penalty imposed by the principal officer or any enhanced penalty imposed by the
appellate authority shall exceed the amount of the maximum penalty provided under sub-
sections (1) and (2) of section 281 and sub-section (2) of section 320 of the Act.
6. Effect of orders passed by appellate authority. - Every order passed by the appellate
authority under sub-rule (10) of rule 3 shall be conclusive.
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CHAPTER III
APPEAL AGAINST IMPOSITION OF PENALTY PASSED BY THE NOTIFIED
AUTHORITY FOR TRANSPARENCY OF CHARGES
7. Appeal against order of notified authority. – (1) Any person aggrieved by an order of
the authority notified under sub-section (3) of section 317 of the Act, may prefer an appeal
before the officer notified under sub-section (4) of the said section.
(2) Every appeal under this rule shall be filed 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 passed by the authority notified
under sub-section (3) of section 317 of the Act with mention of a clear statement of facts
appealed against, the grounds for appeal and the relevant section of the Act, in the format
specified in Form-II.
(4) The appeal shall be filed in triplicate by the appellant or by his duly authorised
representative or by an advocate duly appointed in this behalf in person, by speed post or
through electronic means.
(5) The appeal sent by speed post shall be deemed to have been filed to the officer notified
under sub-section (4) of section 317 herein and in rules 8, 9 and 10 referred to as the
appellate officer on the day it is received by the office of said officer.
(6) If the appeal is found to be in order on scrutiny, it shall be admitted and in case the
appeal is found to be defective, the appellate officer shall intimate the appellant about the
defects within seven days and allow him to rectify such defects within a period of fifteen
days, and if the appellant fails to rectify such defects within the period, the said officer 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 expiry of
period provided to the appellant to rectify defects.
(7) A copy of the appeal along with notice shall be served by the appellate officer on the
respondent, by hand or speed post or through electronic means.
(8) The respondent may, within a period of fifteen days of service of notice of appeal
referred to in sub-rule (7), file a reply to the appellate officer.
(9) The appellate officer may, after the reply is filed by the respondent or on the expiry of
the period given therefore in the sub-rule (8), whichever is earlier, call for the records
relating to the proceedings from the authority notified under sub-section (3) of section 317.
(10) The appellate officer may, after giving the parties to the appeal a reasonable
opportunity of being heard, pass such orders in writing with reasons as he may consider
appropriate.
(11) The appellate officer shall dispose of the appeal within a period of thirty days from the
date of receipt of the appeal:
Provided that for the purpose of this sub-rule, the date of receipt of the appeal shall
be reckoned from the date when all the defects are rectified by the appellant.
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8. Order and penalties. - Every order under these rules, shall be dated, signed and affixed
with the seal of the appellate officer before it is communicated to all the parties.
9. Orders passed by the appellate officer. – (1) Subject to rule 7, the appellate officer,-
(a) confirm or modify or set aside or reverse the orders appealed against under sub-section
(3) of section 317 of the Act;
(b) confirm or reduce or enhance or set aside the penalty imposed by the order or impose
any penalty in accordance with the Act where no penalty was imposed by the appellate
officer.
Provided that no order imposing an enhanced penalty shall be made unless the
appellant has been given a reasonable opportunity of making a representation against such
enhanced penalty before being heard and reasons for such enhancement have been duly
recorded in writing; and
(c) pass such orders as it may deem fit in the circumstances of the case.
(2) No penalty imposed by the notified authority or any enhanced penalty imposed by the
appellate officer shall exceed the amount of the maximum penalty provided under sub-
section (2) of section 317 of the Act.
10. Effect of orders passed by the appellate officer. – Every order passed by the appellate
officer in the appeal under sub-rule (10) of rule7 shall be conclusive.
CHAPTER IV
MISCELLANEOUS.
11. Taking charge of vessel without nationality.– (1) Where it is established that a vessel, within
India or her coastal waters, is not legally entitled to fly the flag of a State or has lost such right, the
Central Government may direct any commissioned officer of the Indian Navy or a Gazetted officer
of Indian Coast Guard or any port officer, police, pilot, harbour master, conservator of port or
customs commissioner, as it may consider appropriate, to detain the vessel.
(2) The officer directed under sub-rule (1) shall take immediate steps to detain the vessel till its
release is ordered by the Central Government.
(3) The information of detention shall be given to the nearest port and principal officer by the officer
to whom direction was given under sub-rule (1).
12. Cost or expenses, etc., in respect of abandoned vessels. – The costs or expenses incurred by
the Central Government, or any authority, or agency, for taking measures in respect of abandoned
vessels under sub-section (1) of section 311 shall be determined and reimbursed in the following
manner, namely:-
(a) the cost or expenses incurred by the Central Government or any authority, or agency, shall
be examined and assessed by a committee of three experts to be appointed by the Central
Government having experience on matters related to operation of vessel, prevention of
marine pollution and sale-purchase of vessels;
(b) the report of the committee shall contain assessment of cost or expenses referred to in under
clause (a) and assessment of sale of vessel or its cargo;
(c) the report shall be furnished by the committee to the Central Government with in a period of
sixty days from the date of constitution of the committee for considering measures to be
taken in respect of an abandoned vessel.
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[PART II—SEC. 3(i)]
(d) any debt, which may be due to the Central Government under section 311, may be recovered
by any officer authorised by the Central Government in accordance with the procedure
provided under clause (e);
(e) the officer authorised by the Central Government shall file a maritime claim before the High
Court having the admiralty jurisdiction for reimbursement of costs and expenses under the
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017);
(f) the authorised officer referred to in clause (e) shall produce the assessment of cost or
expenses before the High Court, as contained in the report of the committee referred to in
clause (b), along with an account of the expenses and proof of payment by the Central
Government or any authority or agency.
13. Electronic records. – (1) Every document required to be filed in electronic mode under the Act,
or the rules made thereunder, shall be filed, delivered, served or issued on the electronic portal, in
computer-readable formats or through such other electronic mode and manner, as may be specified
on such electronic portal.
(2) Any fee, charge or amount payable under the Act or the rules made thereunder for the purpose
of payment for filing, creation or issuance of any electronic document, shall be paid electronically
through the mode of payment as be specified on the electronic portal.
(3) An electronic receipt generated by the electronic portal referred to in sub-rule (1) shall constitute
valid proof of payment of such fee or charge.
(4) Every appellant, ship owner, company, agent, operator, certificate holder or registered user or
any other person referred to under the Act or the rules made thereunderfor the purpose of receiving
notices, communications, endorsements, acknowledgements and any other document under the Act
or these rules made thereunder, shall maintain a valid electronic address, including a valid e-mail or
a login ID, on the electronic portal.
14. Protection of interest of Indian shipping.– Every person, who is subjected to measures referred
to under sub-section (1) of section 323, shall inform the Central Government within a period of
fifteen days of receiving knowledge of such measures, in the following manner, namely: –
(a) the information shall be submitted to the Director General; and
(b) such information shall be submitted in FORM III.
SCHEDULE
[See rules 3 and 7]
FORM-I
APPLICATION TO THE APPELLATE AUTHORITY
[See sub-rule (3) of rule 3]
1. Details of the Appellant:
1.1. Name of the Appellant:
1.2. Designation of the Appellant:
1.3. Address of the Appellant:
1.4. Telephone or Mobile No. of the Appellant:
1.5. Email Id. of the Appellant:
1.6. Name, Address, Telephone or Mobile No. and Email Id.
of the Legal Representative of the Appellant, if any:
2. Details of the Order for imposition of penalty passed by the Principal Officer:
2.1. Date:
2.2. Number:
2.3. Name of Principal Officer:
2.4. Address of the Mercantile Marine Department:
2.5. Section of the Merchant Shipping Act, 2025 (24 of 2025) or provision number of rules
to which the contravention has reference:
2.6. Penalty imposed by the Principal Officer:
2.7. Copy of the order passed by the principal officer (to be enclosed):
3. Details of Appeal:
3.1. Statement of Facts:.....( Provide a concise statement of facts in a chronological order
and with paragraph numbers containing an elaboration of issues, including the questions
of the law arising in the appeal, each paragraph should deal with as far as possible a
separate issue)......
3.2. Description of Grievance: ..(Provide a concise description of grievance
elaborating issues with the order of the Principal Officer imposing the penalty)......
3.3. Grounds of Appeal: .....(Provide clear grounds of the appeal and concise description
of the appeal and the relevant legal provisions, if any, relied upon)......
3.4. Evidence: .(Provide evidence for the justification/ grounds for appeal and in case
of more than one evidence, an indexed chronological list thereof)......
3.5. Prayer: .....(Clearly stipulate the reliefs sought)......
Place:
Date:
(Signature of appellant)
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[PART II—SEC. 3(i)]
FORM-II
APPLICATION TO THE APPELLATE AUTHORITY
[See sub-rule (3) of rule 7]
1. Details of the Appellant:
1.1. Name of the Appellant:
1.2. Designation of the Appellant:
1.3. Address of the Appellant:
1.4. Telephone or Mobile No. of the Appellant:
1.5. Email Id. of the Appellant:
1.6. Name, Address, Telephone or Mobile No. and Email Id.
of the Legal Representative of the Appellant, if any:
2. Details of the Order imposing penalty under sub-section (3) of section 317 of the
Merchant Shipping Act. 2025 (24 of 2025)
2.1. Date:
2.2. Number:
2.3. Name of officer notified under sub-section (3) of section 317:
2.4. Address of the officer notified under sub-section (3) of section 317:
2.5. Penalty imposed by the officer notified under sub-section (3) of section 317:
2.6 Copy of the order passed by the officer notified under sub-section (3) of section 317 (to
be enclosed):
3. Details of Appeal:
3.1. Statement of Facts :.....( Provide a concise statement of facts in a chronological order
and with paragraph numbers containing an elaboration of issues, including the questions
of the law arising in the appeal, each paragraph should deal with as far as possible a
separate issue).
3.2. Description of Grievance: (Provide a concise description of grievance elaborating
issues with the order of the officer notified under sub-section (3) of section 317 of the
Merchant Shipping Act, 2025)......
3.3. Grounds of Appeal: .....(Provide clear grounds of the appeal and concise description
of the appeal and the relevant legal provisions, if any, relied upon)......
3.4. Evidence: ...(Provide evidence for the justification/grounds for appeal and in case
of more than one evidence, an indexed chronological list thereof).......
3.5. Prayer: ......(Clearly stipulate the reliefs sought).......
Place:
Date:
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[PART II—SEC. 3(i)]
FORM III
[see rule 14]
1. Name of Person or companyetc
2. Address
3. Name of country which undertook the measures:
4. Details of Measures taken or threatened to be taken by other country:
5. Copy of order or other document of that country indicating measures undertaken:
6. Inputs on intervention needed by the Central Government:
7. Any other suggestion or inputs:
Place:
Date:
(Signature of person submitting information)
[F.No. SY-19014/203/2025-MG]
RAJESH KUMAR SINHA, Special Secy.
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