6. Power to inspect local lighthouses.—(1)The 1
[Director-General of Lighthouses and
Lightships]may, at any time, and any 2
[Director or Deputy Director-General of Lighthouses
and lightships] 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 of the management thereof as he thinks fit.
(2) Every person having the charge of, or concerned in the management of, any lighthouse
shall be bound to furnish to any officer authorised by or under sub -section (1) to inspect the
lighthouse all such information regarding the same as the officer ma y require.
(3)Every local lighthouse authority shall furnish to the Central Government all such returns
and other information in respect of the lighthouses under its supervision and management, or
of any of them, as the Central Government may require.
7. Control of local lighthouses by the Central Government.—(1) If, after an inspection under
section 6 or such other inquiry as thinks fit, the Central Government is satisfied that a direction under this
sub-section is necessary or expedient for the safety, or otherwise in the interests, of shipping, it may direct
any local lighthouse authority—
(a)to remove or discontinue or to refrain from moving or discontinuing any lighthouse under its
superintendence and management or to make or refrain from making any variation in the character or
mode of use of any such lighthouse, or
(b)to erect, place or maintain , or to refrain from erecting, placing or maintaining any lighthouse
within 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 vary
the character or mode of use of any lighthouse, unless it has given to the Central Government at least one
month’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 deems
necessary and shall give immediate notice of the same to the Central Government and, so far as is
possible, 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 unsuitable
manner, any power or duty relating to the superintendence or management of lighthouses conferred or
imposed 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 with
the direction, or to make arrangements to the satisfaction of the Central Government for the proper
exercise of the power or performance of the duty or to make financial provision to the satisfaction of the
Central Government for the performance of the duty as the case may be within such period as the Central
Government may specify.
(4)If the local lighthouse authority fails to comply with an order made under sub-section(3) within the
specified period or within such further time as the Central Government may allow, the Central
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).
5
Government may exercise the power or perform the duty or make the requisite financial provision, as the
case may be, and the local lighthouse authority shall be liable to repay to the Central Government any
expenditure incurred by it in so doing.
8. Management of local lighthouses by the Central Government.—The Central Government may,
at the request of a local lighthouse authority, undertake the superintendence and management of any local
lighthouse on its behalf, and the local lighthouse authority shall pay to the Central Government such sums
to 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 or
expedient so to do for unobstructed functioning of any lighthouse, it may, by notification in the
Official Gazette, direct that,—
(i) no light shall be established without the prior permission of the Central Government
in case of general lighthouse and without the prior permission of the local lighthouse
authority in case of local lighthouse on any land within such radius, not exceedin g one
kilometre 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 the
notification shall be constructed or erected, or no tree, which is likely to grow or ordinari ly
grows higher 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 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 order directing that such light shall be removed by the owner or the person having
control 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 been
planted in contravention of the directions contained in clause (ii) 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 the height of s uch
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 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 or
the person has been given, by means of a notice, a reasonable opportunity of showing cause
why such order shall not be made.
(5) If any person fails to remove the light in pursuance of direction contained in the order
issued under sub-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 officer authorised by the Central Government or the local lighthouse
authority, as the case may be, in this behalf to remove such light or to red uce 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.
(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, 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 officer of
such owner or person or any adult male member of the family of such owner or person or by
1.Ins. by Act 66 of 1985, s. 6 (w.e.f. 1-2-1986).
6
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;
(iii) by post.
(7) If any person wilfully fails to comply with any direction 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 not 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.]