40. Delegation of powers.—(1) The Central Government may, by general or special order, subject to
such conditions and restrictions as may be provided in such order, direct that any power, authority or
jurisdiction exercisable by it under or in relation to a provision of this Act (except the power to make
rules), be exercisable also by the National Authority or Competent Authority or such other officer not
below the rank of Joint Secretary to the Government of India.
(2) The National Authority or the Competent Authority may, with the previous approval of the
Central Government, by general or special order, subject to such conditions and restrictions as may be
provided in such order, direct that any power, authority or jurisdiction exercisable by it under or in
relation to a provision of this Act (except the power to make regulations), be exercisable also by such
officer or other authority as may be specified in such order.
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41. Act not in derogation of any other law.— The provisions of this Act shall be in addition to and
not in derogation of any other law for the time being in force.
42. Power to make rules.—(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the duties of Competent Authority within the geographical area or areas of expertise under
section 4;
(b) the restrictions and conditions imposed on installation or use of any hazardous material, to be
complied by every ship under sub-section (2) of section 6;
(c) the requirements to be verified for the survey of ships under clauses (a), (b) and (d) of
sub-section (1) of section 7;
(d) the other conditions to be required for the survey of ships under clause (e) of sub-section (1)
of section 7;
(e) the terms and conditions, validity, the format and manner for granting the certificate on
inventory of hazardous materials under sub-section (2) of section 8 and section 9;
(f) the changes in ship structures and equipment under clause (ii) of section 10;
(g) the form, fees and the manner of making the application for authorisation of ship recycling
facility under sub-section (2) of section 12;
(h) the manner, period and fees for renewal of certificate of authorisation under sub-section (9) of
section 12;
(i) the manner of providing individual or comprehensive insurance coverage for the regular and
temporary workers under sub-section (2) of section 15;
(j) the manner of advance intimation about the arrival of ship under sub-section (1) of section 19;
(k) the requisition of the services of representatives of agencies for grant of permission under
sub-section (1) of section 20;
(l) the liability of the Ship Recycler for environmental damages under sub-section (3) of section
22;
(m) the manner of filing an appeal against the orders of the Competent Authority and the manner
of disposal of such appeal under section 25;
(n) the manner of filing an appeal against the orders of National Authority and the manner of
disposal of such appeal under section 26;
(o) the manner in which the ships are required to act for non-application of the provisions of the
Act under the proviso to section 30;
(p) the manner of determination and recovery of amount payable under section 37;
(q) the rate of compensation, method of calculation and the manner of compensation entitled by a
ship under sub-section (2) of section 39;
(r) the manner of holding an inquiry for the purpose of payment of compensation under
sub-section (3) of section 39; and
(s) any other matter which is to be, or may be, prescribed or in respect of which provision is to be
made by rules.
43. 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.
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(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-hotwork 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.
44. Laying of rules and regulations.—Every rule made by the Central Government and every
regulation made by the National Authority under this Act shall be laid, as soon as may be after it is made,
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 rule or regulation or both Houses agree that the rule or regulation should not be made,
the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.
45. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Central Government or the State Government or the National Authority or the Competent
Authority or any officer authorised by the Central Government or the State Government or the National
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Authority or the Competent Authority for anything done in good faith or intended to be done in pursuance
of the provisions of this Act.
46. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the
difficulty:
Provided that no such order shall be made under this section after the expiry of a period of three years
from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.