Rule, 1986

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

MINISTRY OF COMMUNICATIONS

(WPC Wing) New Delhi, the 26th September, 1986 G.S.R.924 : - In exercise of the powers conferred by section 4 of the Indian Telegraph Act, 1885 (13 of 1885), the central Government hereby makes the following rules further to amend the Indian Wireless telegraph (Foreign Sips) Rules, 1973, namely:-

1. (1) these rules may be called the Indian Wireless Telegraph (foreign Ships) Amendment rules, 1986.

(2) they shall come into force on the date of their publication in the Official Gazette.

2. In rule (2), of the Indian Wireless Telegraph (Foreign Ships) Rules, 1973 (hereinafter referred to as the said rules);

(a) in clause (a), for the words and figures “Malaga Torremolinos, 1973” the words and figures “Nairobi, 1982” shall be substituted:

(b) in clause (e), after the words “Ship Station”, the words, “Ships Earth Station”. “Mobile earth Station”, “Mobile Satellite Service”, “Space Station” shall be inserted.

3. After rule 7 of the said rules, the following rule shall be inserted, namely:- “7A Notwithstanding anything contained in rule 6 or sub-rule (1) of rule 7 or rule 8, any foreign ship may operate its ship earth station in the Indian territorial waters or, as the case may be, in harbours in India for communication through the system provided by the International Maritime Satellite Organization (INMARSAT) subject to the following conditions, namely:-

(i) such operation shall not be prejudicial to the peace, public order and security of India:

(ii) it shall not cause harmful interference to other radio services operating within the boundaries of the territories of India;

(iii) it shall give priority to distress and safety transmissions in accordance with the convention:

(iv) Safeguards shall be taken as required by the Petroleum rules, 1973 made under the Petroleum Act , 1934 (30 of 1934), during such operation in an area containing the presence of explosive gases, and, in particular, during operations relating to oil and other inflammable substances; and

(v) the ship earth station shall be subject to inspection in accordance with the convention by the concerned authorities of the central government:

Provided that nothing in this rule shall apply to the operation of Ship Earth Station:-

(i) by any foreign ship registered in a country which does not permit the operation of any ship earth station on board.

Indian ships in its territorial waters and harbour limits:

(ii) by warship and foreign governments ships operated for non- commercial purposes; and

(iii) by such other foreign ships which the Central Government may be general or special order specify.

Provided further that the central Government may by general or special order in writing and without assigning any reason, restrict, suspend or prohibit operation by any foreign ship of any ship earth station in such areas of Indian territorial waters and such harbours as may be specified in that order”. (R-11014/7/82-LR)

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Indian Telegraph Act, 1885