Telecommunications GMDSS Radio Operator Certificate Rules, 2024 · No.24-03/2024-UBB

Telecommunications (Commercial Radio Operator Certificate of Proficiency to Operate Global Maritime Distress and Safety System) Rules, 2024[^1]

Whereas a draft of the Telecommunications (Commercial Radio Operator Certificate of Proficiency to Operate Global Maritime Distress and Safety System) Rules, 2024, which the Central Government proposes to make in exercise of the powers conferred under section 46, read with clause (zh) of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), was published as required by sub-section (1) of section 56 of the said Act vide notification of the Government of India in the Ministry of Communications, Department of Telecommunications number G.S.R. 446 (E), dated the 24^th July 2024 in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated the 24^th July 2024, inviting objections and suggestions from the persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas copies of the said Official Gazette were made available to the public on the 24^th July 2024;

And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 46 read with clause (zh) of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of 2023), and in supersession of the Indian Wireless Telegraphy (Commercial Radio Operators Certificate of proficiency and licence to operate Global Maritime Distress ad Safety System) Rules, 1997 except as respects things done or omitted to be done before such supersession and without overriding the terms and conditions of existing arrangements under those rules till the date of expiry of such arrangements, the Central Government hereby makes the following rules, namely:–

1. Short title and commencement. – (1) These rules may be called the Telecommunications (Commercial Radio Operator Certificate of Proficiency to Operate Global Maritime Distress and Safety System) Rules, 2024.

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

2. Definitions. – (1) In these rules, unless the context otherwise requires,-

• (a) “Act” means the Telecommunications Act, 2023 (44 of 2023);
• (b) “Global Maritime Distress and Safety System” means an internationally agreed set of safety procedures, frequencies, types of equipment, and communication protocols for maritime safety, which operates using terrestrial and satellite radio technologies, both onboard ships and onshore;
• (c) “Global Maritime Distress and Safety System (GMDSS) Certificate” means the, GMDSS General Operator Certificate or the GMDSS Restricted Operator Certificate, as specified under sub-rule (1) of rule 4, and a “GMDSS Certificate holder” means the person who has been granted such certificate under rule 8;
• (d) “International Telecommunication Convention” means the Convention of the International Telecommunication Union signed at Geneva in 1992 or any subsequent revision or modification thereof, which the Government of India has ratified or accepted;
• (e) “portal” means the portal to be notified by the Central Government under rule 15 of these rules;
• (f) “Radio Regulations” means the regulations adopted by the World Radiocommunication Conference (Geneva 1995) and includes every revision or modification thereof which the Government of India has ratified or accepted; and
• (g) “WPC Wing” means the Wireless Planning and Co-ordination Wing of the Department of Telecommunications, Ministry of Communications, Government of India.

(2) Words and expressions used and not defined herein but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Scope. – No person shall operate Global Maritime Distress and Safety System except under and in accordance with the terms and conditions of a GMDSS Certificate granted under these rules.

4. Categories of GMDSS certificates and eligibility. – (1) There shall be the following two categories of GMDSS certificates, which may be granted by the Central Government under rule 8, namely:

• (a) GMDSS General Operator Certificate; and
• (b) GMDSS Restricted Operator Certificate

(2) Any person, being a citizen of India, who satisfies the eligibility criteria as set forth below and qualifies the examination specified under rule 7, shall be eligible for grant of a GMDSS General Operator Certificate or, as the case may be, GMDSS Restricted Operator Certificate,-

(b) Holds a valid Certificate of Competency or its equivalent issued or recognised by the Directorate General of Shipping, Government of India, under the provisions of the Merchant Shipping Act, 1958 (44 of 1958); or

(c) Holds a valid certificate of proficiency or its equivalent issued by the WPC Wing. | (a) Passed the Secondary School Certificate Examination or an equivalent examination (10^th standard) conducted by a recognised Board in India or holds a valid certificate issued by statutory bodies of maritime or fisheries departments of the Central Government or State Government; or

(b) Holds a valid Certificate of Competency or its equivalent issued or recognised by the Directorate General of Shipping, Government of India, under the provisions of the Merchant Shipping Act, 1958 (44 of 1958); or

(c) Holds a valid certificate of proficiency or its equivalent issued by the WPC Wing. | | 3. | Has undergone practical training on Global Maritime Distress and Safety System equipment, in any of the institutes approved by the Central Government from time to time, for a period not less than two continuous weeks (minimum ninety-six hours): | Has undergone practical training on Global Maritime Distress and Safety System equipment, in any of the institutes approved by the Central Government from time to time, for a period not less than one week (minimum forty hours): |

Provided that the Central Government may, subject to such terms and conditions as it may specify from time to time, permit a person, not being a citizen of India, to undertake the examination held under rule 7 and administrative clearance in this behalf from the Ministry of Home Affairs and Ministry of External Affairs, for consideration of grant of the GMDSS Certificate under the relevant category.

5. Application for examination for grant of GMDSS General Operator Certificate. – (1) Any person satisfying the eligibility criteria set forth under sub-rule (2) of rule 4 may make an application for the examination for obtaining the GMDSS General Operator Certificate to the Central Government, in the form as may be specified for this purpose in the portal along with fees of one thousand rupees.

(2) Examination for grant of GMDSS General Operator Certificate shall consist of the following two parts, namely, -

• (a) Part-I - comprising a written examination for 60 marks, for which the passing marks shall be 36 marks; and
• (b) Part-II - comprising a practical and oral examination, for 100 marks, for which the passing marks shall be 70 marks.

(3) The successful completion of Part-I of the examination shall be a mandatory requisite for undertaking Part-II only for applicants who have previously not held GMDSS General Operator Certificate, and those applying for a GMDSS General Operator Certificate more than a period of five years after the expiry of such certificate.