A Bill to promote economical and safe transportation and trade through inland waters, to

bring uniformity in application of law relating to inland waterways and navigation

within the country, to provide for safety of navigation, protection of life and cargo,

and prevention of pollution that may be caused by the use or navigation of inland

vessels, to ensure transparency and accountability of administration of inland water

transportation, to strengthen procedures governing the inland vessels, their

construction, survey, registration, manning, navigation and such other matters

connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Inland Vessels Act, 2021.

(2) It extends to the whole of India.

Short title,

extent and

commencement.

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 12]

NEW DELHI, THURSDAY, JULY 22, 2021/ASADHA 31, 1943 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

Separate paging is given to this Part in order that it may be filed as a separate compilation.

xxxGIDHxxx

xxxGIDExxx

LOK SABHA

————

The following Bills were introduced in Lok Sabha on 22nd July, 2021:—

BILL NO. 99 OF 2021

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21

REGISTERED NO. DL—(N)04/0007/2003—21

सी.जी.-डी.एल.-अ.-23072021-228426

CG-DL-E-23072021-228426

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint:

Provided that different dates may be appointed for bringing into force different

provisions of this Act in different States or Union territories, as it may deem fit by the Central

Government.

2. (1) Save as otherwise expressly provided in this Act, the provisions of Chapters I,

III, X, XVI and XVIII shall apply to all inland vessels plying within inland waters of India,

and—

(a) Chapters IV, V, VI, VIII, IX, X, XI, XII, XIII and XIV shall apply to all

mechanically propelled vessels registered under this Act;

(b) Chapters VIII, IX, X, XI, XII and XIII shall apply to vessels registered under

such laws in force in India other than this Act, or registered in such laws in force in any

country other than India; but endorsed or recognised under this Act for the purpose of

plying within inland waterways;

vessels identified as special category vessels plying or using inland waterways;

(d) Chapter XVII shall apply to all non-mechanically propelled inland vessels.

(2) Notwithstanding anything contained in sub-section (1), the Central Government or

the State Government, as the case may be, may extend the application of any Chapter or

provision of this Act to any class or category of inland vessels, or to any region of inland

waters, by notification in the Official Gazette.

3. In this Act, unless the context otherwise requires,—

(a) "authorised insurer" means any insurance company carrying on any class of

marine insurance business, which is registered or recognised by the Central Government

under any law for the time being in force in India;

(b) "bareboat charter" means an arrangement for the hiring of a vessel without

crew, where the charterer is responsible for appointing the crew and making other

arrangements;

the vessel is intended to be transferred after a specified period to the company to

which it has been chartered;

(d) "cargo terminal" means a place designated for the loading, or unloading, or

any other allied processes of such loading or unloading of cargo in a port, jetty, wharf

or such other places developed within inland waters for the purpose of loading and

unloading of cargo;

(e) "casualty" includes any vessel which—

(i) is lost, abandoned, materially damaged;

(ii) causes loss of material or damage to any other vessel;

(iii) causes any loss of life or personal injury;

(iv) causes pollution as a result of or in connection with its operation;

(f) "central database" means the centralised record maintained for recording the

data and details of—

(i) vessels;

(ii) registration of vessels;

(iii) crew and manning in the vessels;

(iv) certificates issued in respect of vessels;

Application

and scope.

Definitions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(v) reception facilities; and

(vi) such other data,

to be recorded and maintained in the form of an electronic portal or in such other form and

manner as may be prescribed by the Central Government;

(g) "certificate of insurance" means a certificate issued by an authorised insurer

in pursuance of the insurance premium paid by the insured, and includes a cover note

complying with such requirements as may be prescribed by the Central Government;

(h) "competent authority" means the authority referred to in section 6;

(i) "court" means any civil court, revenue court or High Court having jurisdiction

over the matters of liabilities and offences as provided in this Act including investigation

and inquiry into claims arising out of causalities and accidents within its jurisdiction;

(j) "cover note" includes any note of undertaking issued by the insurer who

promises to cover the liability and to indemnify the losses incurred by the insured as

provided in the contract of insurance;

(k) "crew" means personnel employed for operation or serving on an inland

vessel other than master or passengers as a part of performing the functions of manning;

(l) "dangerous cargo" means any cargo, which, due to its nature, form or content

as a whole or in part, are declared as dangerous or potentially dangerous while carried

in on any class or category of inland vessels in inland waters under this Act or any

other law for the time being in force;

(m) "dangerous goods" means any goods, which, due to its nature, form or

content as a whole or in part, are declared as dangerous or potentially dangerous while

carried in on any class or category of inland vessels in inland waters under this Act or

any other law for the time being in force;

(n) "designated authority" means the authorities appointed by State Government

under sub-section (3) of section 5;

(o) "fishing vessel" means a vessel fitted with mechanical mode of propulsion,

which is exclusively engaged in fishing for profit, within inland waters;

(p) "hazardous chemical" means any chemical, which has been designated as

pollutants under this Act or any other law for the time being in force in India;

(q) "inland vessel" includes any mechanically propelled inland vessel or

non-mechanically propelled inland vessel which is registered and plying in inland

waters, but does not include—

(i) a fishing vessel registered under the Merchant Shipping Act, 1958 or

the Marine Products Export Development Authority Act, 1972; and

(ii) any vessel that are specified as not to be inland vessels by notification

by the Central Government.

Explanation—For the purposes of this clause, it is clarified that a vessel

registered under the Merchant Shipping Act, 1958 and plying within the inland waters

shall be deemed to be an inland vessel registered under this Act;

(r) "inland waters", for the purpose of inland navigation, includes any—

(i) canal, river, lake or other navigable water inward of baseline or as may

be declared by notification in the Official Gazette by the Central Government;

(ii) tidal water limit, as may be declared by notification in the Official

Gazette by the Central Government;

44 of 1958.

13 of 1972.

44 of 1958.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(iii) national waterways declared by the Central Government; and

(iv) other waters as may be declared by notification in the Official Gazette

by the Central Government;

(s) "lien" is a legal right or interest that a creditor has in the inland vessel or any

property thereof, retained until a debt or duty is secured, or the performance of some

other obligation is satisfied;

(t) "limitation of liability" means the rate or extent of liability within which the

owner or such other persons entitled under this Act, may limit the liability or be

permitted to limit or cap the liability arising out of claims, in accordance with the

procedure laid down and the rates, as may be specified in this Act or as may be

prescribed by the Central Government;

(u) "load line" means a water line which is marked on an inland vessel to denote

the safe carrying or loading capacity of such vessel;

(v) "master" includes any person including serang or such other person, who is

in command or in charge of any inland vessel, and does not include a pilot or harbour

master;

(w) "material fact" means a fact of such a nature, which determines the judgment

of a prudent insurer, in assessing the extent of his liability, premium to be charged,

conditions to be specified and such other terms to be entered and incorporated in a

policy of insurance governing the relationship with the insured;

(x) "material particular" means any particular of such a nature, which determines

the judgment of a prudent insurer, in assessing the extent of his liability, premium to be

charged, conditions to be specified and such other terms to be entered and incorporated

in a policy of insurance governing the relationship with the insured;

(y) "mechanically propelled inland vessel" means—

(i) any inland vessel in the inland waters which is propelled by mechanical

means of propulsion; or

(ii) floating units, floating surfaces, dumb vessels, barges, rigs, jetties or

such other non-mechanically propelled inland vessel, which are towed or pushed

with the assistance of another mechanically propelled vessel and used for carriage,

storage, transportation and accommodation of passengers and cargo in or

through inland waters;

(z) "minimum manning requirement" means the standard and number of persons

required for safe manning and navigation of vessels, as may be prescribed by the

Central Government;

(za) "non-mechanically propelled inland vessel" means any vessel which is not

a mechanically propelled inland vessel;

(zb) "notification" means a notification published in the Gazette of India or the

Official Gazette of a State, as the case may be, and the expression "notify" with its

grammatical variation and cognate expressions shall be construed accordingly;

(zc) "obnoxious substance" means any substance, which has been designated

as pollutants under this Act or any other law for the time being in force in India;

(zd) "official number" means the number assigned to any vessel by the Registrar

of Inland Vessels or such other person appointed under this Act, to be affixed or

displayed on a conspicuous part of such vessel to refer, distinguish and identify one

vessel from another;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ze) "oil" means any edible oil carried on vessel as cargo or persistent oil such as

crude oil, heavy diesel oil, lubricating oil and white oil, carried on board of a vessel as

cargo or fuel;

(zf) "oily mixture" means a mixture with any oil content;

(zg) "owner" means operator, charterer, beneficial owner or registered owner,

who is responsible for the activities of the vessel and shall be under obligation to

comply with the provisions of this Act in relation to, or in possessing express or

implied title under this Act or any other law for the time being in force;

(zh) "passenger" means any person carried on board of a vessel, except persons

employed or engaged in any capacity on board of the vessel in connection with the

business of the vessel;

(zi) "passenger terminal" means the terminal designated for the embarking or

dis-embarking of passengers and the permitted cargo, in a port, jetty, wharf or like

places;

(zj) "passenger vessel" means any vessel permitted to carry more than twelve

passengers;

(zk) "pilot" means a person appointed by the owner of the vessel to assist the

master or to steer the vessel in such area of inland water in accordance with the

mandatory requirements, as specified in section 83;

(zl) "prescribed" means prescribed by rules by the Central Government or a

State Government, as the case may be;

(zm) "priority of lien" means the ranking of liens in the order in which they are

perfected or recorded in the book of registry maintained at every port or place of

registry;

(zn) "reciprocating country" means any country, as may on the basis of reciprocity,

specified by notification by the Central Government to be a reciprocating country for

the purposes of this Act;

(zo) "recognised organisation" means any organisation recognised and

authorised by the Central Government to perform and execute the functions involved

in survey, classification or certification of vessels;

(zp) "salvage" means an act of the salvor in retrieving or saving any property or

life in danger due to wreck or accident and includes all expenses incurred by the salvor

in the performance of salvage services;

(zq) "salvor" means any person who conducts salvage operations;

(zr) "service provider" includes any person, who in the capacity of owner or

operator of an inland vessel used or plying in inland waters, providing services to any

service user for the purposes of transportation, storage or accommodation;

(zs) "service user" includes any person who as a passenger or owner of cargo or

freight forwarder, uses the services of any inland vessel in the inland waters for

transportation, storage or accommodation purposes;

(zt) "special category vessel" means a mechanically propelled inland vessel that

is identified under this Act as special by considering its use, purpose, function or

utility or the means of propulsion including the fuelling system or source of power for

propulsion, such as liquefied natural gas, electrical propulsion, the design, dimensions

of construction or areas of operation or such other criteria or standards;

(zu) "vessel" includes every description of water craft used or capable of being

used in inland waters, including any ship, boat, sailing vessel, tug, barge or other

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

description of vessel including non-displacement craft, amphibious craft, wing-in-

ground craft, ferry, roll on-roll-off vessel, container vessel, tanker vessel, gas carrier or

floating unit or dumb vessel used for transportation, storage or accommodation within

or through inland waters;

(zv) "wreck" means a state of any vessel, or goods or a part or property of such

vessel or carried on the vessel,—

(i) which have been cast into or have fallen into the inland waters and then

sunk and remain under water or remains floating on the surface; or

(ii) which have sunk in the inland waters, but are attached to a floating

object in order that they may be found again; or

(iii) which are intentionally thrown away or abandoned without hope or

intention of recovery; or

(iv) which by its presence in inland waters, is a hazard or causes impediment

to navigation, or adversely affects safety of life or causes pollution.

CHAPTER II

DECLARATION OF INLAND WATER AREA INTO ZONES

4. (1) The State Government may, for the purposes of this Act, declare by notification

any inland water area to be a "Zone" depending on the maximum significant wave height

criteria specified in sub-section (2).

(2) For the purposes of sub-section (1), the State Government may classify the maximum

significant wave height criteria into the following Zones, namely:—

(i) Zone 1 refers to the area (other than Zone 2 or Zone 3) where the maximum

significant wave height does not exceed 2.0 metres;

(ii) Zone 2 refers to the area (other than Zone 3) where the maximum significant

wave height does not exceed 1.2 metres; and

(iii) Zone 3 refers to the area where the maximum significant wave height does

not exceed 0.6 metres.

CHAPTER III

ADMINISTRATIVE PROVISIONS

5. (1) The Central Government may, by general or special order, direct that any power,

authority or jurisdiction exercisable by it under, or in relation to any such provision of this

Act, or the rules made thereunder, or as may be specified in the order allocating the duties,

shall, subject to such conditions and restrictions as may be so specified, also be exercisable

by the competent authority or by such other officer as may be specified in that order.

(2) On and from the date of issue of notifications or rules made by the Central Government

under the provisions of this Act, the provisions shall,—

(a) uniformly apply in whole or in any part of India, as may be specified therein;

and

(b) prevail over such notifications or rules, as the case may be, issued or made

by the State Government.

(3) The State Governments may, by notification, appoint one or more designated

authorities within their respective jurisdiction for the purposes of exercising or discharging

the powers, authority or duties conferred, by or under this Act and the rules made thereunder.

(4) Notwithstanding anything contained in sub-section (1) and section 6, the existing

administrative authorities constituted under State Governments or Union territory

Administrations may continue to be the designated authorities for the purposes of

sub-section (3).

Declaration of

inland water

area into

Zones.

Administrative

role of Central

Government

and State

Governments.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(5) The State Government may, for the purposes of implementing the various provisions

of this Act and the rules made thereunder, by general or special order, direct that any power

or authority conferred under this Act, subject to such conditions and restrictions as it may

think fit, be exercised or discharged by the respective designated authorities or any officer or

any other organisation or body.

(6) Save as otherwise provided in this Act, the State Government shall have the power

to make rules and shall exercise the powers conferred on it, as provided by or under this Act.

(7) Notwithstanding anything to the contrary in this Act, for the purposes of

administration of the non-mechanically propelled inland vessels, as specified in

Chapter XVII, the Central Government shall have no powers of administration and shall only

provide assistance to the respective State Government, on receipt of official request from

such State Government.

6. The Inland Waterways Authority of India, constituted under section 3 of the Inland

Waterways Authority of India Act, 1985 shall be the competent authority for the purpose of

exercising or discharging the powers, authority or duties conferred, by or under this Act.

CHAPTER IV

SURVEY OF INLAND VESSELS

7. (1) For the purposes of this Chapter,—

(a) the classification of mechanically propelled vessels;

(b) the criteria for such classification; and

such vessels,

shall be such, as may be prescribed by the Central Government.

(2) The State Government shall classify and categorise mechanically propelled inland

vessels on the basis of criteria and standards referred to in sub-section (1).

8. (1) No person shall construct any mechanically propelled inland vessel, or alter or

modify any mechanically propelled inland vessel so as to affect its strength, stability or

safety, except with prior approval of the designated authority, in such manner as may be

prescribed by the Central Government.

(2) The list of alterations or modifications referred to in sub-section (1), which would

affect the strength, stability or safety of any mechanically propelled inland vessel, and the

criteria therefor, shall be such as may be specified by the Central Government, by notification.

9. (1)The standard for type and periodicity of surveys for every mechanically propelled

inland vessel shall be such as may be prescribed by the Central Government.

(2) The owner, operator, master or construction yard or any other applicant, as the case

may be, shall submit a request for survey in such form and content as may be prescribed by

the Central Government.

10. (1) For the purposes of this Act, the State Government may, by notification, appoint

officers or persons as surveyors of inland vessels and such surveyors shall be deemed to be

public servants within the meaning of section 21 of the Indian Penal Code.

(2) The minimum criteria and qualifications for the appointment of surveyors, which

the State Governments shall adopt in the appointment of surveyors, shall be such as may be

prescribed by the Central Government.

11. (1) On receipt of the application from the owner or master or construction yard for

conducting survey, in such form and within such time as may be prescribed by the Central

Government, the surveyor may board or enter and inspect a mechanically propelled inland

vessel:

Competent

authority.

82 of 1985.

Power to

classify and

categorise for

purpose of

survey.

Construction,

alteration or

modification

mechanically

propelled

inland vessel.

Survey of

vessels.

Appointment

and

qualifications

of surveyors.

Powers of

surveyors.

45 of 1860.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that the surveyor shall not unnecessarily hinder the loading or unloading of

cargo or; embarking or dis-embarking of passengers of the mechanically propelled inland

vessel, or unnecessarily detain or delay her from proceeding on any voyage.

(2) The owner, operator, master and crew of the mechanically propelled inland vessel

shall render the surveyor, all reasonable facilities for conducting survey, and all information

with respect to such mechanically propelled inland vessel, and her machinery or any part

thereof, and all equipment and articles on board, as he may require for the purposes of a

survey.

12. (1) On completion of survey of a mechanically propelled inland vessel, the surveyor

shall forthwith issue the applicant, a declaration of survey, valid for such period and in such

form, as may be prescribed by the Central Government.

(2) The State Government shall, if satisfied that all the provisions of this Act have been

complied with in respect of a declaration submitted under sub-section (1), and on receipt of

payment of fee, as may be prescribed by the State Government, issue a certificate of survey

to the applicant.

(3) A certificate of survey granted under this section shall be in such form as may be

prescribed by the Central Government, and shall contain a statement to the effect that all the

provisions of this Act with respect to the survey of the mechanically propelled inland vessel

and the declaration of surveyor have been complied with, and shall set forth such particulars

or such other terms and conditions, as may be prescribed by the Central Government.

(4) The State Government may, by notification in the Official Gazette, delegate all or

any of the functions assigned to it by the Central Government under this section:

Provided that no delegation shall be made to authorise the grant of a certificate of

survey by the surveyor, who made the declaration of survey under sub-section (1).

13. (1) On receipt of application and the fee from the owner or operator of any

mechanically propelled inland vessel, the surveyor who conducted the survey, may grant a

provisional certificate of survey extending the validity of the prevailing certificate of survey

by endorsement, in such form and for such period, as may be prescribed by the Central

Government.

(2) Any mechanically propelled inland vessel, which has been issued with a provisional

certificate of survey or endorsement under sub-section (1), may proceed on voyage or use in

service, temporarily, pending the issue of the certificate of survey, in such manner and

subject to the conditions as may be prescribed by the State Government.

14. (1) No mechanically propelled inland vessel shall be used nor proceed on voyage,

without a valid certificate of survey that shall provide or indicate among others, the Zone

intended for operation or applicable voyage or service of such vessel.

(2) The certificate of survey shall have effect throughout India, unless otherwise

specified therein and subject to such other conditions as may be specified by the competent

authority.

(3) The certificate of survey shall be valid for such period as may be specified by

notification by the Central Government and shall not be in force—

(a) after the expiration of the period specified in the certificate of survey; or

(b) after notice has been issued to cancel or suspend such certificate.

(4) Nothing in this section shall prevent the State Government from excluding a

mechanically propelled inland vessel from the requirement under sub-section (1), on an

application made by the owner or master of the vessel for permission to proceed on a

voyage; during the interval between the date on which the certificate of survey expires and

the earliest possible date of renewal.

Grant of

certificate of

survey and

procedures.

Provisional

certificate of

survey and its

effect.

Mechanically

propelled

inland vessels

not to proceed

without

certificate of

survey, and

requirement of

Zone to be

specified in

such

certificate.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(5) After cessation of a certificate of survey, a valid certificate of survey shall be

obtained only after a fresh survey of the mechanically propelled inland vessel has been

conducted by any surveyor appointed under this Act.

15. (1) The State Government may suspend or cancel a certificate of survey, if it has

reason to believe that—

(a) the declaration of the surveyor of the sufficiency and good condition of the

hull, engines or other machinery or of any of the equipment of the mechanically

propelled vessel has been fraudulently or erroneously made; or

(b) the certificate has otherwise been granted upon false or erroneous

information; or

any of the equipment of the mechanically propelled vessel have sustained any material

damage, or have otherwise become insufficient.

(2) The State Government shall issue the notice of suspension of certificate of survey

to the owner, operator, master or construction yard by stating the errors to be rectified and

conditions that have to be complied with by the owner, operator, master or construction yard

within three months from the date of issuance of such notice, in such manner as may be

prescribed by that Government.

(3) In the event of non-compliance of the notice of suspension by the owner, operator,

master or construction yard within the period specified therein, the State Government shall

record such non-compliance and shall issue the notice of cancellation of certificate of survey,

which shall come into force with immediate effect.

16. (1)The owner or master shall deliver the certificate of survey, which has expired or

has been suspended or cancelled, to such officer as the State Government may, by notification

in the Official Gazette, appoint in this behalf.

(2) The State Government shall record the details of the cancelled certificate in the

book of registry maintained by the Registrar of Inland Vessels.

CHAPTER V

REGISTRATION

17. (1) Any mechanically propelled inland vessel, which is wholly owned by—

(a) a citizen of India; or

(b) a co-operative society registered or deemed to be registered under the

Co-operative Societies Act, 1912; or

time being in force in any State; or

(d) a company registered under the Companies Act, 2013; or

(e) a partnership firm registered under the Limited Liability Partnership

Act, 2008; or

(f) any other body including a partnership firm, trust or societies established by

or under any Central or State enactment and which has its principal place of business

in India;

(g) any legal business combination, otherwise allowed under the existing

commercial law for the time being in force in India, within the permissible foreign direct

investment limits in the sector and having its principal place of business in India,

shall be registered under the provisions of this Act.

Suspension

and

cancellation

of certificate

of survey.

Delivery of

expired,

suspended or

cancelled

certificate of

survey.

Registration.

2 of 1912.

18 of 2013.

6 of 2009.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) A foreign vessel, other than vessels registered or obligated to register under the

Merchant Shipping Act, 1958, chartered on bareboat charter-cum-demise by an Indian

charterer, for the purposes of plying exclusively within inland waters, shall be registered

under the provisions of this Chapter.

(3) The inland vessels registered under this Act may also be registered under the

Merchant Shipping Act, 1958.

Explanation.—For the purposes of sub-section (2), "Indian charterer" shall mean a

person referred to in clauses (a) to (g) of sub-section (1), who has chartered a vessel on

bareboat charter-cum-demise contract.

18. (1) A mechanically propelled inland vessel required to be registered under this

Chapter, shall not proceed on any voyage or be used for any service, unless it has a valid

certificate of registration granted under this Act in respect thereof.

(2) Notwithstanding anything contained in sub-section (1), the authority appointed or

authorised under this Chapter may—

(a) permit any mechanically propelled inland vessel, built at any place other than

a port or place of registry, to make her first voyage through the inland waters to any

such port or place for the purpose of registration; or

(b) permit the vessel registered under any law for the time being in force in India

for which provisions have been made under this Act to conduct voyage within the

inland waters; or

countries other than India, which shall only be permitted to ply within the inland

waters subject to compliance of such terms and conditions as may be prescribed by

the Central Government.

19. (1) The owner or master of an inland vessel shall carry a valid certificate of

registration issued under this Chapter and shall make available for inspection, when demanded

by the officers appointed by the State Government.

(2) The State Government or such other officer appointed or authorised under this

Chapter may detain any mechanically propelled inland vessel required to be registered under

this Act, until the respective owner, operator or master of such vessel furnishes a valid

certificate of registration.

20. (1) For the purposes of this Chapter, the State Government may, by notification,—

(a) appoint ports or places of registry; and

(b) appoint Registrar of Inland Vessels at the said ports or places of registry, who

shall be deemed to be a public servant within the meaning of section 21 of the

Indian Penal Code.

(2) A Registrar of Inland Vessels shall, in respect to the port or place of registry for

which he is appointed, perform his functions as may be prescribed by the State Government.

21. (1) The Registrar of Inland Vessels shall maintain and keep a book of registry,

which shall have record of all particulars contained in the form of certificate of registration as

may be prescribed by the Central Government.

(2) The Registrar of Inland Vessels shall report the details of the book of registry or

entries made therein, to the State Government at regular intervals, in such manner and period

as may be prescribed by the State Government.

(3) The State Government shall report and update the Central Government in respect

of—

(a) the designated ports and places of registry;

44 of 1958.

Requirement

of certificate

registration.

Owner or

master to

carry

certificate of

registration.

Appointment

of ports or

places of

registry and

Registrars of

Inland Vessels.

45 of 1860.

Book of

registry.

44 of 1958.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) the details of officers appointed or authorised under this Chapter; and

to facilitate and administer the registration processes under this Chapter.

22. The Central Government shall appoint officers to maintain a central data base for

inland vessels, in such form and manner, and the functions of the officers so appointed shall

be such, as may be prescribed by that Government.

23. (1) The owner or master, may make an application for registration of a mechanically

propelled inland vessel, which has a valid certificate of survey issued under this Act, in such

form, manner and along with such particulars, as may be prescribed by the Central Government.

(2) The list of documents to be submitted or adduced by the applicants for registration,

in addition to the particulars referred to in sub-section (1), shall be such as may be prescribed

by the Central Government.

(3) Every application for registration shall be made to the Registrar of Inland Vessels,

within the jurisdiction of the respective State in which the owner of the mechanically propelled

inland vessel—

(a) ordinarily resides; or

(b) has the principal place of business or the officially registered office.

(4) If the Registrar of Inland Vessels is satisfied that the vessel or the application

submitted for registration is not in compliance with the provisions of this Act, he may refuse

to register a mechanically propelled inland vessel for reasons to be recorded in writing and

shall provide the applicant a note containing the reasons for such refusal.

24 . (1) Subject to the provisions of section 23, the Registrar of Inland Vessels shall,

grant the certificate of registration to the applicant, who has paid such fee, as may be

prescribed by the State Government, and assign the official number to such registered

vessel.

(2) The certificate of registration shall be in such form and content, as may be prescribed

by the Central Government, and shall contain the following particulars, namely:—

(a) registered address of the owner and other ownership details;

(b) details of mortgage, if any;

(d) classification and category of vessel;

(e) any other particular, as may be prescribed by the State Government.

(3) The owner shall display the official number on a conspicuous part of the vessel, as

may be prescribed by the State Government.

25. (1) The certificate of registration granted under section 24 shall be deemed to be

valid in all States and Union territories, unless otherwise specified therein.

(2) The certificate of registration issued under this Chapter shall be conclusive proof

of ownership and title, as declared by the applicant and as entered in the book of registry by

the Registrar of Inland Vessels.

(3) Notwithstanding anything contained in this Act, any person who has beneficial

interest of ownership in the mechanically propelled inland vessel or shares therein, shall

have the same rights as that of the registered owner and shall be deemed as owner of such

vessel for the purposes of this Act.

Central data

base of inland

vessels.

Application

and processes

of registration

of vessels.

Grant of

certificate of

registration

and marking

of vessel.

Effect of

certificate of

registration.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

26. (1) If the certificate of registration issued under this Chapter is lost or destroyed,

the registered owner shall apply for a duplicate certificate to the Registrar of Inland Vessels,

who has issued such certificate of registration, in such form and manner as may be prescribed

by the State Government.

(2) The Registrar of Inland Vessels shall, on receipt of application under sub-section (1)

and such fees or additional fees, as may be prescribed by the State Government, issue the

duplicate certificate of registration.

27. (1) The Registrar of Inland Vessels may, pending issuance of the certificate of

registration, upon an application and on payment of fee, by the applicant, issue a provisional

certificate of registration valid for such period as may be prescribed under sub-section (2).

(2) The application, fee and the issuance of provisional certificate of registration

referred to in sub-section (1) shall be in such form, rate and manner, as may be prescribed by

the Central Government.

(3) During the period of validity of the provisional certificate of registration, the owner,

operator, master or construction yard shall implement and comply with all necessary steps to

be taken to have the vessel registered under this Chapter.

28. (1) The owner, operator or master of any mechanically propelled inland vessel,

shall make an application, in such form, manner and within such period as may be prescribed

by the State Government, to effect any alteration or modification affecting the strength,

stability or safety of such mechanically propelled inland vessel along with the respective

certificate of survey, in which such alteration or modification have been approved, to the

respective Registrar of Inland Vessels, who has issued the certificate of registration.

(2) The Registrar of Inland Vessels shall, on receipt of application and the certificate of

survey and on receipt of such fee, as may be prescribed by the State Government, either

cause the alteration or modification to be registered and entered in the certificate of registration,

or direct that the vessel be registered anew:

Provided that, where the Registrar of Inland Vessels, directs that the vessel be registered

anew, he shall grant a provisional certificate for a specific period describing the vessel as

altered or endorse on the existing certificate about the particulars of the alteration.

(3) Any mechanically propelled inland vessel found plying without complying with

sub-section (1) or sub-section (2) shall be detained by such authority or officer as the State

Government may, by general or special order, appoint in this behalf.

29. (1) If the owner of a mechanically propelled inland vessel ceases to reside or carry

on business at the registered address recorded in the certificate of registration of the vessel,

such person shall comply with the procedures prescribed under sub-section (2) by the

Central Government.

(2) For the purposes of sub-section (1), the procedures to be complied with by the

owner of any mechanically propelled inland vessel, who ceases to be the owner or applies for

the requirement of transfer of registry or any such circumstances leading to change of the

registered address, shall be such as may be prescribed by the Central Government.

30. No mechanically propelled inland vessel registered with the registering authority

of a State Government under this Chapter, shall be transferred to a person residing in any

country other than India, without the prior approval of the Registrar of Inland Vessels, who

has originally granted the certificate of registration and such a transfer shall be validated

only if made in compliance with such procedures as may be prescribed by the Central

Government.

31. (1) The Registrar of Inland Vessels may at any time, require any mechanically

propelled inland vessel within the local limits of his jurisdiction to be inspected by such

authority as the State Government may, by general or special order, appoint in this behalf.

Duplicate

certificate.

Provisional

certificate of

registration.

Registration

modifications

or alterations.

Change of

residence or

place of

business.

Prohibition

against

transfer of

ownership of

registered

vessel.

Suspension of

certificate of

registration.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) As a result of such inspection, if the Registrar of Inland Vessels has reason to

believe that after the granting of the certificate of registration, the mechanically propelled

inland vessel became unfit to ply in inland waters, order suspension of the certificate of

registration of the said vessel for such period as he may deem fit.

(3) The Registrar of Inland Vessels shall, before suspending a certificate of registration,

provide to the owner, operator or master an opportunity of being heard, and record the

reasons for such suspension.

(4) The Registrar of Inland Vessels who suspends the certificate of registration under

sub-section (2), shall issue a notice of suspension to the registered owner stating the reasons

for suspension and the conditions to be complied within such period, as may be prescribed

by the State Government, for withdrawal of such order of suspension.

(5) Where the registration of a mechanically propelled inland vessel is suspended

under sub-section (2) by any Registrar of Inland Vessels, other than the Registrar of Inland

Vessels who has originally issued the certificate of registration, the former shall intimate the

latter, regarding such order of suspension or withdrawal of such order of suspension; and

the latter shall enter such order in the book of registry in which the registration of the vessel

is originally recorded.

(6) The Registrar of Inland Vessels suspending the certificate of registration, shall

confiscate such certificate and return the certificate to the owner or master only upon withdrawal

of the order of suspension.

32. (1) If any mechanically propelled inland vessel registered under this Act is declared

missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or

destined for scrapping or dismantling or sold abroad; the owner of the vessel shall, within

such time as may be prescribed by the Central Government, report the fact to the Registrar of

Inland Vessels of the place where the vessel is registered and shall also forward to that

authority, along with the report, the certificate of registration of the vessel and thereupon

such Registrar of Inland Vessels shall have the certificate of registration cancelled.

(2) Any Registrar of Inland Vessels may at any time require that any mechanically

propelled inland vessel within the local limits of his jurisdiction may be inspected by such

designated authority as the State Government may, by general or special order, appoint in

this behalf and, if as a result of such inspection, such Registrar of Inland Vessels is satisfied

that the vessel is in such a condition that it is not fit to ply in any inland water, the Registrar

of Inland Vessels may, after giving the owner of the vessel an opportunity of being heard,

cancel the registration of the vessel and require the owner thereof to surrender forthwith to

him, the certificate of registration in respect of that vessel, if it has not already been so

surrendered.

33. (1) A registered mechanically propelled inland vessel or a share therein may be

mortgaged as a security for a loan or other valuable consideration, and the instrument

creating the security shall be in such form, as may be prescribed by the Central Government,

and on the production of such instrument, the Registrar of Inland Vessels who granted the

certificate of registration shall record it in the book of registry.

(2) The manner and the conditions, subject to which a mechanically propelled inland

vessel or a share therein may be mortgaged, shall be such as may be prescribed by the

Central Government.

CHAPTER VI

MANNING, QUALIFICATION, TRAINING, EXAMINATION AND CERTIFICATION

34. (1) The standards for qualification, training, training institutes, examination and

grant of certificate of competency for the purposes of this Chapter shall be such as may be

prescribed by the Central Government.

Cancellation

registration.

Mortgage of

mechanically

propelled

vessel or share

therein.

Training and

minimum age

for

employment.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) No person under the age of eighteen years shall be employed on a mechanically

propelled inland vessel registered under this Act.

35. The minimum manning scale applicable to different class or category of mechanically

propelled inland vessels, categorised under this Act or such other laws for the time being in

force in India, shall be such as may be prescribed by the Central Government.

36. (1) The State Government may appoint examiners, in accordance with the criteria

and qualifications, as may be prescribed by the Central Government, for the purpose of

examining the qualifications of persons desirous of obtaining certificates under this Chapter

to the effect that they are competent to undertake the responsibilities of and act as, masters,

or as engineers or engine-drivers, or as such other persons, as the case may be, on the

mechanically propelled inland vessels.

(2) The examiners shall evaluate the persons who have undergone the training required

for qualifying as masters, or as engineers or engine-drivers, or as such other persons, as the

case may be, and shall report the list of successful candidates who possess the required

qualifications to the Central Government or such other officer appointed or authorised by

notification by the State Government.

37. (1) The State Government may evaluate the report provided by the examiners, and

upon confirmation as to the correctness of such report; shall grant to every candidate; who

is reported by the examiners to possess the required qualifications, with the certificate of

competency, certifying that the candidate specified in the report is competent to serve, in

such capacity as may be specified therein, on any class or category or whole of the

mechanically propelled inland vessel as specified in the certificate.

(2) The State Government shall require for further examination or a re-examination of all

or any of the candidates, if it is found that the report submitted by examiners is defective, or

there exists reason to believe that such a report has been unduly made.

(3) The certificate of competency shall be in such form and manner as may be prescribed

by the Central Government.

38. (1) The State Government may, on an application, without examination, grant a

certificate of service to any person who has served as a master, or as an engineer, of a vessel

of the Coast Guard, Indian Navy or regular Army for such period as may be prescribed in this

behalf by the Central Government, to the effect that he is competent to act, as a first-class

master, second-class master or serang, or as an engineer, first-class engine-driver or

second-class engine-driver or in such capacity as may be specified therein, as the case may

be, on board the mechanically propelled inland vessel.

(2) For the purposes of granting of certificate of service under sub-section (1), the

State Government shall verify the certificate, certifying the competence of the applicant as

issued by the Coast Guard, Indian Navy or regular Army, as submitted to it by such applicant

along with his application.

(3) Notwithstanding anything contained herein, the State Government may by recording

reasons thereof, refuse granting of certificate of service under sub-section (1).

(4) A certificate of service so granted under sub-section (1), shall be in such form and

manner; and shall be subject to such conditions, as may be prescribed by the Central

Government, and shall have the same effect as a certificate of competency granted under

section 37.

39. Subject to the provisions of this Act and such conditions as may be prescribed by

the Central Government, a certificate of competency or certificate of service shall be valid

throughout India.

Minimum

manning scale

and manning

requirements.

Appointment

and duties of

examiners.

Grant of

certificate of

competency.

Certificate of

service.

Effect of

certificate of

competency

or certificate

of service.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

40. (1) If the holder of any certificate issued under this Chapter is found to have acted

in contravention to the provisions of this Act or the rules made thereunder; the said certificate

shall be liable to be suspended or cancelled.

(2) The State Government or any officer appointed or authorised under this Chapter

shall issue notice to the holder of certificate and shall provide him an opportunity of being

heard before suspension or cancellation of certificates issued under this Chapter.

(3) Notwithstanding anything contained in sub-section (2), the State Government or

any officer appointed or authorised under this Chapter, may suspend or cancel the certificate

of competency or the certificate of service granted under this Chapter by recording reasons

thereof.

(4) If a certificate issued under the provisions of this Chapter is suspended or cancelled,

the holder of such certificate shall deliver it to the State Government or such officer, appointed

or authorised by that Government by notification in Official Gazette under this Chapter.

41. (1) The State Government shall maintain registers in electronic format to record, the

details and data of the certificate, and the respective certificates, issued under this Chapter

in such form and manner as may be prescribed by it.

(2) The State Government shall report and update the Central Government with the

information on data and details of certificates issued, granted, cancelled or suspended or

such other remarks, made by the respective authority in regular intervals, as may be prescribed

by the Central Government.

(3) The Central Government shall update the central data base with the reports and

information received from all the State Governments under this Chapter in electronic format.

CHAPTER VII

SPECIAL CATEGORY VESSELS

42. (1) For the purposes of this Chapter, the Central Government may, by rules to be

made in this behalf, specify the criteria and standards to identify any class or category of

mechanically propelled inland vessels as special category vessels based on their design,

construction, use, purpose, area of plying, source of energy or fuelling, or any other criteria

or standards.

(2) The requirements of construction, design, survey, registration, manning,

qualification, competency, or the requirements in addition to those contained elsewhere in

this Act shall be such, as may be prescribed by the Central Government.

(3) The State Governments shall identify the mechanically propelled inland vessels as

special category vessels based on the criteria and standards prescribed by the Central

Government under sub-section (1).

43. (1) The State Government shall appoint or authorise such number of officers for

the purpose of performing duties and implementing the provisions of this Chapter.

(2) On an application made by owner, operator or master of any mechanically propelled

inland vessel in such form as may be prescribed by the State Government, any officer

appointed or authorised under sub-section (1), on being satisfied that such vessel complies

with the provisions of this Act and falls under the special category vessels as identified in

this Chapter, and subject to such other conditions including validity as may be prescribed by

the State Government, may grant a certificate of fitness, in such form and manner as may be

prescribed by that Government.

(3) The officer appointed or authorised under sub-section (1) may, for reasons to be

recorded in writing, refuse to grant the certificate of fitness in respect of an application made

under sub-section (2).

Suspension

and

cancellation

of certificate.

Registry of

certificate

holders and

central

registry.

Special

category

vessels.

Appointment

authorisation

of officers to

implement

provisions,

grant

certificate of

fitness, etc.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

44. (1) The safety features, gears and such other measures by which any mechanically

propelled inland vessel, identified as special category vessel under this Chapter, shall comply

with and be equipped in accordance with the categorisation of such vessel, shall be such as

may be prescribed by the State Government.

(2) The maximum carrying capacity of the vessel identified as special category vessel

by specifying the safety loadline or the limits of loadline to keep them afloat, or such other

criteria and conditions, other than those mentioned elsewhere in this Act for the safe voyage

of such inland vessel, shall be such as may be prescribed by the State Government.

45. (1) The surveyor may, other than for the purpose of survey, at any reasonable time,

go on board any special category vessel, and inspect the respective vessel including the

hull, equipment and machinery or any part or properties of such vessel.

(2) The owner, operator, agent, master and any such person in-charge of the special

category vessel, shall make available all necessary facilities to the surveyor for inspection

and survey, and all such information regarding the vessel and her machinery and equipment,

or any part thereof, respectively, as the surveyor or such other officer may reasonably

require.

46. (1) If any special category vessel does not comply with the provisions of this Act

or the rules made thereunder, the State Government may issue notice to the owner or operator

or master or any person in-charge of such vessel, for rectifying the non-compliance within

such time as may be specified therein.

(2) In case of continuance of non-compliance by the owner or operator or master or

any person in-charge of the special category vessel even after receipt of the notice issued

under sub-section (1), the State Government may, after providing an opportunity of being

heard and for reasons to be recorded in writing, suspend or cancel the certificate of fitness

issued to such vessel under this Chapter.

(3) If the certificate of fitness of a special category vessel has been suspended or

cancelled under sub-section (2), then such vessel shall cease to operate till the suspension

is revoked, or in the event of cancellation, shall cease to operate till a new certificate of

fitness is granted.

CHAPTER VIII

NAVIGATION SAFETY AND SIGNALS

47. (1) The specifications and requirements of signals and equipment based on

classification and categorisation of mechanically propelled vessels, to be complied with by

such vessels shall be such as may be prescribed by the Central Government.

(2) The fog and distress signals to be carried and used, the steering and sailing rules

to be complied with and the different protocols for exhibition and display of different standards

of lights, shapes and signals, by any mechanically propelled vessel plying in inland waters

shall be such, as may be prescribed by the Central Government.

(3) The owner or master of every mechanically propelled vessel, while in the inland

water limit, shall comply with the rules made under sub-sections (1) and (2), and shall not

carry or exhibit any lights or shapes or use any fog or distress signals, other than that

required to be exhibited under this Chapter or the rules made thereunder.

48. (1) Every mechanically propelled vessel shall adopt necessary measures to prevent

collision and to ensure safe navigation through inland waters.

(2) If any damage to person or property arises in the inland water limit due to

non-observance of any of the rules made under this Chapter by any mechanically propelled

vessel, the damage shall be deemed to have been occasioned by the wilful default of the

person in-charge of such vessel at that time, unless it is shown to the satisfaction of the

court that the circumstances of the case demanded deviance from the applicable rules.

Safety of

passengers or

service users.

Inspection of

vessel.

Suspension or

cancellation

of certificate

of fitness.

Navigation

safety, lights

and signals.

Obligation to

ensure safe

navigation.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

49. The master of a mechanically propelled vessel, while in the inland water limit, on

finding or encountering a dangerous derelict or any other hazard to navigation in the inland

waterways, shall immediately send a signal to indicate the danger or distress, or any such

information to other mechanically propelled vessels in the vicinity and to the concerned

State Government:

Provided that no fees or charges shall be levied on any mechanically propelled vessel,

in using any device for communicating any information under this section.

50. (1) The master of any mechanically propelled vessel, while in the inland water limit,

who has received any signal of distress from any vessel or aircraft within the inland water

limit, shall proceed immediately to the assistance of the persons in distress by acknowledging

the receipt of such signal to the vessel in distress.

(2) Notwithstanding anything contained in sub-section (1), the master of a mechanically

propelled vessel shall be released from the obligation to render assistance as provided in the

said sub-section, if he is unable to do so, or in the special circumstances of the case,

considers it unreasonable to act as provided in the said sub-section, or if the requirement for

assistance is being complied with by other vessels, or the assistance is no longer required.

(3) The master of any mechanically propelled vessel, while in the inland water limit,

shall render assistance to every person found in danger of being lost in the inland waters.

(4) The master of any mechanically propelled inland vessel may abstain from complying

with sub-section (3), if in his judgment, he is unable to or, in the special circumstances of the

case, such assistance may not be rendered without serious danger to his vessel, or to the

persons on board and, in such event shall inform the respective authorities regarding his

inability of such non-compliance.

51. (1) The Central Government shall, by rules made in this behalf, specify the class or

category of mechanically propelled inland vessels to be equipped with navigation aids, life

saving appliances, fire detection and extinguishing appliances and communication appliances.

(2) The owner, operator or master of all mechanically propelled inland vessels shall

comply with the requirements of navigation aids, life saving appliances, fire detection and

extinguishing appliances and communication appliances as specified in sub-section (1).

(3) The State Government may appoint or authorise such officers as surveyors to

inspect and ensure that the mechanically propelled inland vessels comply with the applicable

requirements specified in sub-section (1).

(4) If the surveyor, on inspection, finds that the mechanically propelled inland vessel

is not so provided with life saving and fire appliances in conformity with the provisions of

this Act and the rules made thereunder, he shall issue a notice to the master or owner or

operator in writing pointing out the deficiency, and unless the master or owner or operator

complies with the said notice and report such compliance to the surveyor, the said vessel

shall not proceed to conduct any voyage.

CHAPTER IX

PREVENTION OF POLLUTION CAUSED BY INLAND VESSEL

52. (1) The Central Government shall, by notification, designate the list of chemicals,

any ingredients or substance carried as bunker or as cargo, or any substance in any form

discharged from any mechanically propelled inland vessel, as pollutants.

(2) The owner or master of any mechanically propelled inland vessel shall discharge or

dispose of the sewage and garbage in accordance with such standards and manner as may

be prescribed by the Central Government.

(3) No mechanically propelled inland vessel shall cause pollution by discharging or

dumping of pollutants designated under sub-section (1):

Distress signal.

Assistance to

vessels in

distress and

persons in

distress.

Life saving,

fire safety and

communication

appliances.

Chemicals,

etc., to be

designated as

pollutants.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that nothing in this sub-section shall apply to the discharge dump or emission

of such oil or oily mixture, hazardous chemical or obnoxious substance or any other pollutant,

as the case may be, from a mechanically propelled inland vessel for the purpose of securing

the safety of any mechanically propelled inland vessel, preventing damage to another

mechanically propelled inland vessel, cargo or saving of life at inland waters.

53. (1) The Central Government shall, by rules made in this behalf, specify the standards

of construction and equipment of the mechanically propelled inland vessels to ensure

compliance with the requirements of this Chapter.

(2) The State Government shall appoint or authorise such officers to ensure

construction, installation and maintenance of equipment of all mechanically propelled inland

vessels and issue certificate of prevention of pollution, in compliance with the provisions of

this Chapter.

(3) Every mechanically propelled inland vessel, which has been constructed and

equipped in compliance with this Chapter shall be issued with a certificate of prevention of

pollution in such form, validity and content as may be prescribed by the Central Government.

(4) Every mechanically propelled inland vessel shall carry on board a valid certificate

of prevention of pollution and shall furnish the same on demand by concerned officers

appointed or authorised under this Chapter.

54. (1) The Central Government shall, by rules made in this behalf, specify the conditions

for construction, use and maintenance of reception facilities for the containment of pollution

and removal of pollutants arising from spillage or discharge arising from mechanically propelled

inland vessels at all cargo terminals or passenger terminals.

(2) The owner or operator of all cargo terminals or passenger terminals shall provide

reception facilities to discharge oil, oily mixture, hazardous chemicals, sewage or obnoxious

substances at such cargo or passenger terminal, as the case may be, in compliance of

sub-section (1).

(3) The owner or operator of all cargo terminals or passenger terminals, providing reception

facilities shall receive charges, at such rates as may be prescribed by the State Government.

(4) For the purposes of minimising the pollution already caused, or for preventing the

imminent threat of pollution, the Central Government or such other officer appointed by the

State Government may, by order in writing, direct the owner or operator of cargo or passenger

terminal to provide or arrange for the provision of such pollution containment equipment

and pollutant removing materials, at such cargo and passenger terminal, as may be specified

in such order.

(5) The owner or operator of the passenger or cargo terminal shall submit a report of

compliance to the Central Government or such other officer appointed under sub-section (4),

in such form as may be prescribed by the State Government.

(6) The owner, operator or master of any mechanically propelled vessel used or plying

within inland waters, shall discharge the pollutants at the port reception facilities in such

manner as may be prescribed by the State Government.

55. (1) The State Government may appoint or authorise such officers as surveyors to

inspect any cargo or passenger terminal lying within its respective jurisdiction.

(2) The surveyor authorised under sub-section (1) may, at any reasonable time, enter

and inspect any cargo or passenger terminal to—

(a) ensure that the provisions of this Chapter are complied with;

(b) verify whether such cargo or passenger terminal is equipped for pollution

containment and removal, in conformity with the order of the State Government or any

of the rules made under this Chapter; and

Certificate of

prevention of

pollution.

Reception

facilities and

containment

of pollution.

Appointment

of surveyor or

officer to

inspect.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) If the surveyor, on inspection, finds that the cargo or passenger terminal is not

provided with the required pollution containment equipment and pollutant removing materials,

he shall give a notice in writing pointing out the deficiencies and the recommended remedial

measures to rectify such deficiency, that is identified during the inspection, to the owner or

operator of such cargo or passenger terminal, as the case may be.

(4) No owner or operator of such cargo or passenger terminal, as the case may be,

served with the notice under sub-section (3), shall proceed with any work at such cargo or

passenger terminal, until he obtains a certificate signed by the surveyor to the effect that the

cargo or passenger terminal, is properly provided with the required pollution containment

equipment and pollutant removing materials in conformity with the rules made under this

Chapter.

56. (1) The State Government shall direct any designated authority or such other

authorised officer appointed under Chapter XIII to conduct investigation into incidents of

pollution.

(2) The State Government shall update the Central Government with such information

or report of the court, if so directed by such court concerned, on incidents of pollution that

occurs within its jurisdiction.

CHAPTER X

WRECK AND SALVAGE

57. The owner, operator, master or person in-charge of a vessel plying in inland waters

shall not intentionally abandon, desert, dump, throw overboard or jettison the vessel or

property or parts or cargo, so as to cause wreck.

58. (1) The State Government may, by notification, appoint or authorise any officer to

act as receiver of wreck within the respective jurisdiction.

(2) The owner, operator, master or person in-charge of vessel, property or cargo, which

is wrecked, stranded or in distress or who has found any vessel, property or cargo wrecked,

stranded or in distress in the inland waters, shall immediately inform, by all means of

communication to the receiver of wreck in whose jurisdiction the vessel, property or cargo is

found to be wrecked, stranded or in distress.

(3) The owner of the wreck, whose property or cargo, is wrecked or stranded or is in

distress in the inland waters shall inform the receiver of wreck in writing of the finding thereof

and of the marks by which such wreck can be distinguished, and in cases, where the wreck

is in possession of any person other than the owner, operator, master or person in-charge of

vessel, property or cargo, such person shall deliver such wreck to the receiver of wreck.

Explanation.—For the purposes of this Chapter, the word "person" shall have the

meaning assigned to it in clause (42) of section 3 of the General Clauses Act, 1897.

59. For the purposes of this Chapter, the—

(a) powers and functions of the receiver of wreck;

(b) responsibilities and obligations of the owner, operator, master or person

in-charge of vessel, property or cargo with respect to the wreck;

(d) disposal of wreck, including its sale and proceeds of unsold property;

(e) measures to be adopted for protection of wreck, fouling of government

moorings;

(f) rights and duties of salvors and performance of salvage operations or resolution

of disputes pertaining to amount payable to salvors; and

(g) such other matter, which the Central Government may deem necessary for the

efficient administration and removal of wrecks,

shall be such as may be prescribed by the Central Government.

Investigation

into incidents

of pollution.

Prohibition

against

intentionally

causing wreck.

Receivers of

wreck.

Powers of

Central

Government

to make rules

for Chapter X.

10 of 1897.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER XI

LIABILITY AND LIMITATION OF LIABILITY

60. (1) The owner, operator, master, a member of crew or an insurer shall be liable for the

offences and contraventions of the provisions of this Act or the rules made thereunder.

(2) Where any person is beneficially interested otherwise than by way of mortgage or

in the share in any mechanically propelled inland vessel registered in the name of some other

person as owner, the person so interested, and the registered owner, shall be liable to all the

pecuniary penalties imposed by this or any other Act on the owners of mechanically propelled

inland vessels or shares therein.

61. (1) Whenever by the fault of two or more mechanically propelled inland vessels,

damage or loss is caused to one or more of them or to the cargo of one or more of them or to

any property on board one or more of them, the liability to make good the damage or loss

shall be in proportion to the degree in which each of such vessel was at fault:

Provided that—

(a) if, having regard to all the circumstances of the case, it is not possible to

establish different degrees of fault, the liability shall be apportioned equally;

(b) nothing in this section shall operate so as to render any vessel liable for any

loss or damage to which such vessel has not contributed;

contract, or shall be construed as imposing any liability upon any person from which

he is exempted by any contract or by the provisions of any law for the time being in

force, or as affecting the right of any person to limit his liability in the manner provided

by such law.

(2) For the purposes of this Chapter, reference to damage or loss caused by the fault of

a mechanically propelled inland vessel shall be construed as including reference to any

salvage or other expenses, consequent upon that fault, recoverable under the provisions of

any law for the time being in force by way of damages.

(3) The person who has suffered damage or injured or his representative may apply to

any court having appropriate jurisdiction on the claim, for the detention or attachment of the

vessel.

62. (1) Where, loss of life or personal injuries is suffered, damage to property or

pollution is caused by any person on any mechanically propelled inland vessel or any other

vessel, owing to the fault of that vessel and of any other vessel or vessels, the liability of the

owners of such vessels concerned shall be joint and several.

(2) No liability for any claim other than loss of life, personal injury or pollution, shall

attach to the owner, operator, master, or a member of crew or insurer under this Chapter, if he

proves that the cause for claim—

(a) was a result of an act of war, hostility, civil war, insurrection or a natural

phenomenon of an exceptional, inevitable and irresistible character; or

(b) was wholly caused by an act or omission with intent to cause such damage

by any other person; or

Government or other authority responsible for the maintenance of lights or other

navigational aids in exercise of its functions in that behalf.

63. The State Government may appoint or authorise any officer under this Chapter, for

the purpose of detaining any mechanically propelled inland vessel in connection with a

claim, or an offence under this Chapter, and the procedure thereof shall be such as may be

prescribed by that Government.

Liability under

Act.

Apportionment

of loss.

Liability for

personal

injury, loss of

life or

pollution to

environment.

Detention of

mechanically

propelled

inland vessel.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

64. (1) The owner, operator, master or any person in-charge of a vessel or member of

crew of any mechanically propelled vessel may limit the extent of his liability for—

(a) claims in respect of loss of life or personal injury, or loss of, or damage to,

property including damage to jetties, wharfs, harbour basins and waterways and aids

to navigation, occurring on board or in direct connection with the operation of such

vessels or with salvage operations, and consequential loss resulting therefrom;

(b) claims arising out of loss resulting from delay in the carriage of cargo and

passengers or their luggage by inland waters;

than contractual rights, occurring in direct connection with the operation of such

vessel or salvage operations;

(d) claims in respect of the raising, removal, destruction or rendering harmless of

a vessel or the cargo which is sunk, wrecked, stranded or abandoned;

(e) claims of a person, other than the person liable, in respect of measures taken

by such person in order to avert or minimise loss and for further loss caused by such

measure;

(f) claims for the loss of life or personal injury to passengers of such vessel

brought by or on behalf of any person—

(i) under the contract of passenger carriage; or

(ii) who, with the consent of the carrier, is accompanying a vessel for live

animals which are covered by a contract for the carriage of goods, carried in

such vessel.

(2) Notwithstanding anything contained in this section, no person shall be entitled to

limit his liability for—

(a) claims for salvage; or

(b) claims stipulated as exempted from the application of limitation of liability

under any other law for the time being in force in India.

(3) Notwithstanding anything contained in this section, the act of invoking limitation

of liability shall not be construed as constituting an admission of liability by any person who

takes the defence.

(4) For the purposes of this Chapter, the liability of the owner or operator of a

mechanically propelled inland vessel shall include the liability in an action brought against

such vessels.

(5) The limits of liability and the criteria in determining compensation for any claim as

provided under sub-section (1) shall be such as may be prescribed by the Central Government.

(6) The person entitled to limit liability under sub-section (1) may apply to the High

Court of respective jurisdiction for constituting a limitation fund for the consolidated rate as

provided for under this Chapter.

(7) Where a vessel or other property is detained in connection with a claim, covered

under this Chapter, the High Court may order release of such vessel or other property, upon

an application made by the person, who is entitled to limit their liability and by—

(a) ensuring that such person, who is entitled to constitute the limitation fund

has submitted his availability in person to the jurisdiction of the High Court; or

(b) depositing sufficient fund or financial guarantee as determined by the High

Court as security; or

as the case may be.

Limitation of

liability.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

65. No person shall be entitled to limit the liability against any claim, if such claim has

arisen due to intentional act or negligence of the person or his employee, who otherwise

would have been entitled to limit his liability under this Chapter.

CHAPTER XII

INSURANCE OF MECHANICALLY PROPELLED VESSELS PLYING IN INLAND WATERS

66. No mechanically propelled vessel shall be used for voyage in inland waters, unless

there is in force—

(a) a policy of insurance which shall cover liability that may be incurred by the

insured—

(i) in respect of the death of or bodily injury to any person or damage to

any property caused by or arising out of the use of the mechanically propelled

vessel;

(ii) in respect of liability of operational pollution and accidental pollution

of inland waters;

(b) a policy of insurance in compliance of the Public Liability Insurance

Act, 1991, if the mechanically propelled inland vessel is carrying or meant to carry,

dangerous or hazardous goods;

(i) a value not less than the liability incurred; or

(ii) entitle it to be covered under limitation of liability as provided under

this Act, a value not less than the specified and applicable limitation amount:

Provided that any policy of insurance issued with a value not less than the limitation

of liability in force, immediately before the commencement of this Act, shall continue to be

effective for a period of twelve months after such commencement or till the date of expiry of

such policy, whichever is earlier.

67. Notwithstanding anything contained in this Chapter, a policy shall not be required

to cover any contractual liability of the insured that arises due to any performance or

non-performance of a contract or of agreement in the capacity of a service provider.

68. (1) For the purposes of section 66, the policy of insurance issued shall be a policy,

which—

(a) is issued by an authorised insurer;

(b) insures the mechanically propelled inland vessel, any person or any classes

of persons specified in the policy to the extent specified in section 66; and

and content, and subject to such conditions as may be prescribed by the Central

Government.

(2) The terms and conditions to be incorporated in the contract of insurance entered

between insurer and insured to cover the risks as provided in section 66 shall be such as may

be prescribed by the Central Government.

69. (1) Notwithstanding anything contained in any law for the time being in force, an

insurer issuing a policy of insurance under this section shall be liable to indemnify the

insured or any person, as specified in the policy in respect of any liability which the policy

purports to cover in the case of the insured or that person.

(2) Any claim for compensation against the loss or damage under this Act and covered

by the insurance may be brought directly against the insurer in respect of the liability

incurred by the registered owner.

Non-

applicability

of limitation.

Insurance to

cover.

6 of 1991.

Contractual

liability not to

cover.

Issuance and

terms of

insurance

policy.

Duty to

indemnify and

direct action

against insurer.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

70. Notwithstanding anything contained in section 306 of the Indian Succession

Act, 1925, the death of a person in whose favour a certificate of insurance had been issued,

if it occurs after the happening of an event which has given rise to a claim under the provisions

of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said

event against his estate or against the insurer.

71. When an insurer has issued a certificate of insurance in respect of a contract of

insurance between the insurer and the insured person, then,—

(a) if and so long as the policy described in the certificate has not been issued

by the insurer to the insured, the insurer shall, as between himself and any other

person except the insured, be deemed to have issued to the insured person a policy of

insurance conforming in all respects with the description and particulars stated in

such certificate; and

(b) if the insurer has issued to the insured the policy described in the certificate,

but the actual terms of the policy are less favourable to the person claiming under or by

virtue of the policy against the insurer either directly or through the insured than the

particulars of the policy as stated in the certificate, the policy shall, as between the

insurer and any other person except the insured, be deemed to be in terms conforming

in all respects with the particulars stated in the said certificate.

72. Where a person in whose favour the certificate of insurance has been issued in

accordance with the provisions of this Chapter transfers to another person, the ownership of

the mechanically propelled vessel covered under this Chapter, in respect of which such

insurance was taken together with the policy of insurance relating thereto, the certificate of

insurance and the policy described in the certificate shall be deemed to have been transferred

in favour of the person to whom the mechanically propelled inland vessel is transferred with

effect from the date of its transfer.

Explanation.—For the removal of doubts, it is hereby clarified that such deemed

transfer shall include transfer of rights and liabilities covered under the said certificate of

insurance and the policy of insurance.

73. The Central Government shall, by rules made in this behalf, specify the terms,

conditions and procedures to be complied with by the insurers and insured including—

(a) cover note of insurance and its validity;

(b) rights and duties of the insured;

(d) duties and obligations of the insurers to satisfy the judgments and awards;

(e) rights of claimants, liability of the insured and the insurers in special

circumstances such as the insured becomes insolvent and the procedures to be

followed;

(f) procedures, processes and minimum terms of conditions for the settlement

between the insurers and insured persons;

(g) procedures to be followed in the transfer of certificate of insurance; and

(h) such other matters directly or indirectly related to insurance of mechanically

propelled vessels, for the purposes of effective implementation and administration of

this Chapter.

CHAPTER XIII

INQUIRY INTO CASUALTY, ACCIDENT OR WRECK

74. (1) The State Government, may by notification, appoint any designated authority

for the purposes of this Chapter.

Effect of

death on

certain causes

of action.

39 of 1925.

Effect of

certificate of

insurance.

Transfer of

certificate of

insurance.

Powers of

Central

Government

to make rules

for Chapter

XII.

Reporting of

casualty,

accident,

wreck, etc.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) The owner, operator or master of a mechanically propelled inland vessel, shall give

information of any wreck, abandonment, damage, casualty, accident, explosion or loss

occurred to or on board such a vessel while in the inland waters, to the officer in-charge of

the nearest police station and to the designated authority appointed under sub-section (1),

in such form and manner as may be prescribed by the State Government.

(3) The designated authority shall at once report the contents of the information

referred to in sub-section (2) to the District Magistrate.

(4) The officer in-charge of the police station shall, on receipt of information referred

to in sub-section (2), investigate into the matter and submit a report to the jurisdictional

Judicial Magistrate in accordance with the provisions of Chapter XII of the Code of

Criminal Procedure, 1973.

(5) The Judicial Magistrate may, on receiving the report referred to in sub-section (4),

take action as he may deem fit in accordance with the provisions of Chapter XVI.

75. (1) The designated authority may, in pursuance of the information referred to in

sub-section (2) of section 74, conduct a preliminary enquiry and submit a report thereof to

the District Magistrate, who shall transmit the same to the concerned State Government.

(2) The State Government may, on receipt of the report referred to in sub-section (1), if

deemed necessary, direct the District Magistrate to submit an additional report to it and send

a copy thereof to the Judicial Magistrate of the first class referred to in sub-section (4) of

section 74 through the jurisdictional police.

(3) The powers of the District Magistrate referred to in sub-section (2) and the

procedures to be followed by him in holding the inquiry for submission of additional report

shall be such as may be prescribed by the State Government.

76. (1) For the purposes of this Chapter, the State Government may appoint and

maintain a list of assessors, which may be revised from time to time.

(2) The State Government shall, by rules made in this behalf, specify the qualifications,

criteria and consideration, fees or charges for the assessors, who are conversant with the

maritime affairs and have experience in the merchant service or in the navigation of the

mechanically propelled inland vessels and willing to act as an assessor.

(3) The District Magistrate may, for the purposes of assisting in the inquiry under this

Chapter, appoint any number of assessors, from the list of assessors provided to him by the

State Government.

(4) In every inquiry, other than the one specified in sub-section (3), the District Magistrate

may, if he thinks fit, appoint an assessor, for the purposes of such inquiry, any person.

(5) Every person appointed as an assessor under this section shall assist the District

Magistrate in the inquiry and deliver his opinion as may be sought for, which shall be

recorded in the proceedings.

77. (1) The District Magistrate shall, in the case of every inquiry under this Chapter,

make a full report of the conclusions at which he has arrived, together with the evidence

recorded and the written opinion of any assessor.

(2) The State Government shall, on receipt of the report referred to in sub-section (1)

from the District Magistrate, cause it to be published by notification in its Official Gazette.

78. (1) The District Magistrate may, after inquiry, recommend in his report for

cancellation or suspension or confiscation of a certificate of competency or a certificate of

service granted to a master, crew or engineer by the State Government under Chapter VI, if

such District Magistrate finds that—

(a) the accident or casualty, including loss, stranding or abandonment of, or

damage to, any mechanically propelled inland vessel, or loss of life, has been caused

by the wrongful act or default of such master or engineer;

2 of 1974.

Preliminary

enquiry by

designated

authority and

inquiry by

District

Magistrate.

Assessors.

Report of

District

Magistrate to

be notified by

State

Government.

Powers of

District

Magistrate

subsequent to

inquiry.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) such master or engineer is incompetent or has been guilty of any gross act of

drunkenness, tyranny or other misconduct, or in a case of collision, has failed to

render such assistance or give such information or notice as may be required under

this Act.

(2) At the conclusion of the inquiry, or as soon thereafter as possible, the District

Magistrate shall state in open sitting, the decision arrived at by him with respect to the

cancellation or suspension or confiscation of any certificate of competency or a certificate of

service and, if suspension is ordered, the period for which the certificate is suspended.

(3) Without prejudice to the provisions of this section, the District Magistrate may

also make such order and require such security in respect of the costs of the matter as he may

deem fit and necessary in the circumstances of the case.

79. (1) The State Government, in whose jurisdiction the certificate of competency or a

certificate of service was granted under Chapter VI, may cancel or suspend any such certificate

or, in the event of the vessel being found in the jurisdiction of another State Government,

such State Government may confiscate the certificate, if,—

(a) on any inquiry made under this Chapter, the District Magistrate reports for

cancellation or suspension or confiscation of that certificate under section 78; or

(b) the holder of such certificate is proved to have been convicted of any

non-bailable offence; or

absented himself without leave and without sufficient reason, from his vessel or from

his duty; or

(d) in the case of a person holding any designation as provided by the certificate

of competency or certificate of service, is or has become, in the opinion of the State

Government, unfit to act in such designation, as the case may be.

(2) Every person whose certificate of competency or a certificate of service is suspended

or cancelled under this Chapter shall deliver it to such person as the State Government,

which suspended or cancelled it, may direct.

(3) If any State Government cancels, suspends or confiscates the certificate of

competency or a certificate of service granted under Chapter VI, the proceedings and the fact

of confiscation and recommendation for suspension or cancellation, shall be reported to the

State Government which has originally issued, granted or endorsed such certificates.

(4) The State Government may, at any time, revoke any order of suspension or

cancellation or confiscation which it may have made under this Chapter, or grant a certificate

anew, for reasons to be recorded in writing, to any person whose certificate it has so cancelled

and such certificate granted anew, shall have the same effect as a certificate of competency

granted under this Act after examination.

CHAPTER XIV

REGULATION OF TRADE PRACTICES

80. The Central Government may, prescribe the minimum standards, terms and

conditions to protect the interests of service providers and service users and to ensure

safety of such persons.

Power of State

Government

to suspend,

cancel and

confiscate

certificate.

Powers of

Central

Government

to protect

interests of

service

providers and

service users.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

81. The Central Government shall, by notification, declare the list of dangerous goods

that may be carried subject to such conditions, as may be prescribed by it, and prohibited

goods that are prohibited from being carried on any class or category of mechanically

propelled inland vessels, while plying in the inland waters.

82. (1) No vessel registered in any country other than India shall be permitted to be

used or employed for the purposes of, carriage of goods, transportation of passengers,

storage units, accommodation, floating units or for such other purposes within the inland

waters, unless such vessel has secured prior permission from the Central Government for its

use or employment for such purposes and subject to such terms and conditions as may be

prescribed by the Central Government:

Provided that, where the Central Government has entered or in the event of that

Government entering into bilateral or multilateral treaties pertaining to the inland navigation,

whereby the permission is provided to the vessels belonging to foreign countries to ply

within inland waters of India, the Central Government or the State Government, as the case

may be, shall impose or apply such vessels belonging to the foreign countries, with the same

conditions to the service providers in India.

(2) For the purposes of sub-section (1), any certificate granted by any other foreign

country in accordance with the provisions of any law for the time being in force in that

country corresponding to the provisions as provided in Chapters IV, V and VI under this Act

may, on payment of such fees as may be prescribed by the Central Government, for the grant

of a similar certificate or licence under this Act, be endorsed by—

(a) any State Government in India; or

(b) with the general or special sanction and subject to such other terms and

conditions of such State Government, by any authority competent to grant a similar

certificate under this Act.

(3) Upon endorsement of any such certificate as provided in sub-section (2), it shall

have effect for such period and to such extent as may be prescribed by the Central Government

and shall be treated as if it had been granted under this Act.

CHAPTER XV

PILOTAGE, VESSEL DETENTION AND DEVELOPMENT FUND

83. (1) The Central Government may, by notification, specify the requirement of pilotage

in whole or part of inland waterways declared as national waterways.

(2) The State Government may, by notification, specify the requirement of pilotage in

whole or part or any stretch of designated inland waterways or such passages that lie within

the respective territory of such State Governments and in respect of which the Central

Government has not specified under sub-section (1).

84. Subject to the provisions of section 83, every master of any mechanically propelled

inland vessel, who possesses a master's certificate granted under this Act and in force, shall,

in ports to which section 31 of the Indian Ports Act, 1908 has been extended, be deemed, for

the purposes of that section, to be the pilot of the mechanically propelled inland vessel of

which he is in-charge.

85. (1) The State Government or any officer authorised under this Act may, detain,

forfeit or remove from the inland waters, any mechanically propelled inland vessel, which is

required to be registered under the provisions of this Act, if found—

(a) plying or being used in inland waters without a valid certificate of registration;

(b) plying without a valid certificate of survey;

Prohibited

goods and

dangerous

goods.

Trade

permission

and

endorsement

of certificates

of foreign

vessels.

Pilotage.

Certified

master to be

deemed pilot

under Act 15

of 1908.

Vessel

detention and

forfeiture.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) to have not affixed the registration number assigned to such vessels as

provided under this Act;

(e) not complying with the manning requirements under Chapter VI;

(f) not complying with the provisions of Chapter VIII;

(g) to act in contravention to the provisions of Chapter X;

(h) not in compliance with the provisions of Chapter XII;

(i) to carry dangerous goods or prohibited goods in contravention to the

provisions of section 81 or the rules made thereunder.

(2) The owner, operator or any such person recognised as responsible for the vessel

under detention, shall pay the respective and applicable fees and charges for the safe custody

and maintenance of the detained or forfeited vessel, which shall be pre-condition for release

of the vessel and which if unpaid, shall create a lien over such vessel to comply with the

provisions of this Act.

(3) Upon compliance with the provisions of this Act and the rules made thereunder,

and after rectifying the mistakes that lead to detention, the State Government shall, without

any unreasonable delay, release the vessel and her custody to the owner, operator or any

such person recognised as responsible for the vessel under this Act.

(4) Unless specifically provided elsewhere in this Act, the procedures for detention,

formality, fees and conditions to be followed and observed by the concerned officer or

authority or court, appointed or authorised or constituted under this Act, for the purpose of

detaining a vessel, shall be such as may be prescribed by the State Government.

(5) An officer so authorised to enter any vessel may, for the purpose of enforcing the

order of detention or forfeiture, call to his aid, any police officer or any other person authorised

under this Act or such other laws in force in India.

86. (1) There shall be a Fund constituted by the State Government to be called the

Development Fund, to be utilised for—

(a) meeting emergency preparedness;

(b) meeting containment of pollution caused by discharge of oil, mixtures,

obnoxious substances, chemicals and other noxious and harmful substances, to

preserve and protect inland waters;

sector involved in activities of trade and living depending solely on inland waters;

(d) removal of unidentified wreck or obstruction affecting and impeding

navigation; and

(e) boosting up development works of inland water navigation with respect to

safety and convenience of conveyance.

(2) For the purposes of constitution of the Development Fund under sub-section (1),

endeavour shall be made to design schemes of contribution from—

(a) the State Government;

(b) stake holders;

deducting the expenses incurred;

(d) excess fund out of judicial sale of vessels or any property or cargo after

meeting the expenses incurred or set-off against the court to meet damages or

functioning of the court or administrative machinery; and

Constitution

Development

Fund.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) part or proportionate disbursement of fees collected by the respective State

Government as provided in this Chapter.

CHAPTER XVI

OFFENCES AND PENALTIES

87. (1) Whoever, contravenes any of the provisions of this Act, shall be punishable

with penalty as mentioned in the third column of the Table provided in sub-section (2).

(2) The classification of offences for contravention of the provisions of this Act and

the corresponding penalties therefor shall be as provided in the following Table, namely:—

Section

Offence

Penalty

(1)

(2)

(3)

Any

owner,

operator

construction yard, found guilty of

construction, alteration or

modification of mechanically

propelled inland vessel in

contravention of section 8.

14 (1)

Owner, operator or master of any

mechanically propelled inland

vessel, using such vessel, without

a valid certificate of survey has

acted in contravention of

sub-section (1) of section 14.

18 (1)

Owner, operator or master of any

mechanically propelled inland

vessel proceeding on any voyage

or use a mechanically propelled

inland vessel required to be

registered, for any service, without

a valid certificate of registration

and

contravention

sub-section (1) of section 18.

19 (1)

Owner or master who does not

carry a valid certificate of

registration or not making the

same available for inspection,

has acted in contravention of

sub-section (1) of section 19.

24 (3)

Owner not displaying the official

number on the conspicuous part

of a vessel has acted in

contravention of sub-section (3)

of section 24.

Owner, operator or any person

responsible for the operation of

the vessel, has acted in

contravention of section 27.

Offences and

penalties.

Fine which may extend to ten

thousand rupees for every

non-compliance found.

Fine which may extend to ten

thousand rupees for the first

offence and twenty-five

thousand

rupees

for

subsequent offences.

Fine which may extend to ten

thousand rupees for the first

offence and fifty thousand

rupees

for

subsequent

offences.

Fine which may extend to ten

thousand rupees for every

non-compliance found.

Fine which may extend to ten

thousand rupees.

Fine which may extend to ten

thousand rupees for the first

offence and twenty-five

thousand

rupees

for

subsequent offences.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

28 (2)

Owner, operator or master of any

mechanically propelled inland

vessel not registering the details

of alterations that are mandated

to be registered as specified in

sub-section (2) of section 28.

Owner or operator of any

mechanically propelled inland

vessel, who does not comply with

the requirements or has acted in

contravention of section 29.

Owner of any mechanically

propelled inland vessel, has acted

in contravention of section 30.

32 (1)

Owner of any mechanically

propelled inland vessel, has acted

in contravention of sub-section

(1) of section 32.

34 (2)

Owner or operator on whose

vessel, persons under the age of

eighteen years are employed,

has acted in contravention of

sub-section (2) of section 34.

Owner or operator of any

mechanically propelled inland

vessel without complying with the

specified minimum manning scale

has acted in contravention to

section 35.

40 (1) and

The holders of certificate of

(4)

competency, has acted in

contravention to the provisions of

this Act or not surrendered the

suspended, cancelled or varied

certificate

issued

under

non-submission of suspended or

cancelled certificates.

Owner or operator or any person

responsible for the operation of

special category vessel, which

does not comply with the

provisions of Chapter VII.

Owner, operator or master of any

mechanically propelled vessel

registered,

recognised

identified under this Act, for not

equipping

the

vessels

exhibiting the lights and signals

specified under Chapter VIII.

(1)

(2)

(3)

Fine which may extend to ten

thousand rupees for the first

offence and twenty-five

thousand

rupees

for

subsequent offences.

Fine which may extend to five

hundred rupees for every day

of non-compliance.

Fine which may extend to ten

thousand rupees per day or

imprisonment which may

extend to one year, or with

both.

Fine which may extend to five

thousand rupees for every day

of non-compliance.

Fine which may extend to five

thousand rupees for every day

non-compliance

imprisonment not exceeding six

months, or with both.

Fine which may extend to ten

thousand rupees for the first

offence and twenty-five

thousand

rupees

for

subsequent offences.

Fine up to five thousand rupees

per day or imprisonment

extending up to six months, or

with both.

Fine which may extend to ten

thousand rupees for every day

non-compliance

imprisonment extending up to

six months, or with both.

Fine which may extend to ten

thousand rupees for the first

offence and twenty-five

thousand

rupees

for

subsequent offences.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Owner, operator or master not

ensuring

safe

navigation

or causing damage due to

non-observance of regulations.

49 and

Owner, operator or master of any

50 (1)

mechanically propelled vessel

plying in inland waters abstaining

from proceeding to render

assistance after answering to the

distress signal.

51 (2)

The owner, operator or master of

any mechanically propelled inland

vessel proceeding to conduct any

voyage without complying with

the requirements of navigation

aids, life-saving appliances, fire

detection and extinguishing

appliances and communication

appliances as specified under

sub-section (2) of section 51.

52 (2) and

The owner, operator or master of

(3)

any mechanically propelled vessel

causing pollution by discharging

or dumping of pollutants in inland

waters.

53 (4)

The owner, operator or master of

any mechanically propelled

vessel, who are required under this

Act to possess a valid prevention

of pollution certificate, plying or

using the vessel without the said

valid certificate.

54 (2) and

The owner or operator of any

(5)

reception facility who does not

comply with the standards and

obligations stipulated.

55 (4)

The owner or operator of the

terminal who operates without

complying with the notice issued

under

sub-section

(4)

section 55.

Any owner, operator or any

person who intentionally cause

wreck within inland waters.

58 (2)

Any person who is guilty of

offence

committed

contravention of sub-section (2)

of section 58.

Fine which may extend to

twenty-five thousand rupees.

Fine which may extend to ten

thousand rupees.

Fine which may extend up to

fifty thousand rupees.

Fine which may extend to fifty

thousand rupees.

Fine which may extend to

twenty-five thousand rupees.

Fine which may extend to fifty

thousand rupees.

Fine which may extend to ten

thousand rupees per day of

non-compliance

beyond

period of notice.

Fine amounting to fifty

thousand

rupees

and

imprisonment which may

extend to three years.

Fine which may extend to ten

thousand rupees.

(1)

(2)

(3)

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Any owner or master plying any

mechanically propelled inland

vessel without a valid insurance

as provided under section 66.

74 (2)

The owner, operator or master of

any mechanically propelled inland

vessel not complying with

sub-section (2) of section 74.

79 (2)

Any person who holds a

certificate issued under Chapter VI

and fails to surrender suspended

or cancelled certificates.

Any person, in the capacity of a

service provider or a service user,

who acts in contravention of

section 80.

Master or operator of any foreign

vessels acting in contravention of

sub-section (1) of section 82.

Owner, operator or master of

mechanically propelled inland

vessel, who does not comply with

the requirement of pilotage in

contravention of section 83.

Any person employed on inland

vessel for neglect or refusal to join

or desertion of vessel in violation

of his obligation as provided

under section 97.

102

Any person found guilty of

causing obstruction or has acted

in contravention of section 102.

(3) Any person who acts in contravention of the provisions of this Act or the rules

made thereunder, but for which an offence is not specifically provided in this Act, shall be

punishable with fine not exceeding three lakh rupees or with imprisonment up to a term which

may extend to three years, or with both.

(4) Where the owner or master of any mechanically propelled inland vessel is convicted

of an offence under this Act or any rule made thereunder, committed on board, or in relation

Fine which may extend to ten

thousand

rupees

and

detention of the vessel till

certificate of insurance is

procured.

Fine which may extend to ten

thousand rupees.

Fine which may extend to ten

thousand rupees for every day

of non-submission.

Fine which may extend to fifty

thousand rupees.

Fine which may extend to fifty

thousand

rupees

imprisonment which may

extend to one year, or with

both.

Fine which may extend to fifty

thousand

rupees

imprisonment which may

extend to three years, or with

both.

Forfeiture of a sum not

exceeding two days' pay,

and in addition for every

twenty-four hours of absence,

either a sum not exceeding six

days' pay or any expenses

properly incurred in hiring a

substitute, from his wages and

also to imprisonment which

may extend to two months.

Fine which may extend to fifty

thousand

rupees

imprisonment which may

extend to three years, or with

both.

(1)

(2)

(3)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

to that mechanically propelled vessel, and is sentenced to pay a fine, the Magistrate who

passes the sentence may direct the amount of the fine to be levied by distress and sale of the

mechanically propelled vessel, or its appurtenance so much thereof as is necessary.

(5) Where an inland vessel has been used in contravention of the provisions of this

Act or the rules made thereunder, the details of the offence, the offender and the vessel shall

be recorded in such form and manner, as may be specified by the Central Government by

notification.

(6) The State Government shall appoint courts not inferior to that of a Magistrate of

the first class, for the purpose of conducting trial of any person who is charged of any

offence as provided under this Act or the rules made thereunder.

88. (1) Where an offence under this Act has been committed by a company or a limited

liability partnership firm or any such arrangement, every person who, at the time the offence

was committed was in-charge of, and was responsible to the company or the limited liability

partnership firm or any such arrangements, for the conduct of the business, and the company

or the limited liability partnership firm or any such arrangement, shall be deemed to be guilty

of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person

liable to any punishment, if he proves that the offence was committed without his knowledge

or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a company or a limited liability partnership firm or any such

arrangement and it is proved that the offence has been committed with the consent or

connivance of, or is attributable to any neglect on the part of, any director, manager, secretary

or partner or other officer of the company or the limited liability partnership firm or any such

arrangement, as the case may be, such director, manager, secretary or partner or other officer,

as the case may be; shall also be deemed to be guilty of that offence and shall be liable to be

proceeded against and punished accordingly.

89. (1) Unless otherwise specified, the State Government shall collect, the fees and

additional fees for the services provided under this Act and any other charges or payment

made to it against payments towards penalties, at such rates and intervals, as may be

prescribed by the State Government.

(2) The State Government shall appoint or authorise such officers, or constitute such

offices within its jurisdictions, by notification, to act as single point collection offices within

the districts or ports, considering proximity and convenience of remittance.

(3) The procedures, forms and format of receipts, maintenance of accounts and any

other matter that is necessary for the purpose of the remittance, collection, accounts and

accountability of collected fees, additional fees, charges or payment against penalties of

pecuniary nature shall be such as may be prescribed by the State Government.

(4) The owner, operators or their representatives, as the case may be, shall remit the fees

or additional fees in such manner and at such rates as may be prescribed by the State Government.

(5) All fees payable under this Act may be recovered as fine under this Act.

90. No court shall take cognizance of any offence under this Act, except on a complaint

in writing made by the Central Government or any officer authorised by the State Government,

as the case may be, for this purpose.

CHAPTER XVII

NON-MECHANICALLY PROPELLED INLAND VESSEL

91. (1) The State Government may authorise any of its department (herein in this

Chapter referred to as the authorised department) to administer and implement the provisions

of this Chapter.

Offences by

company,

limited

liability

partnership

firm or any

such

arrangement.

Fees,

additional fee,

payment and

collection.

Cognizance of

offence.

Local self-

governance.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) The office of the authorised department shall be located at such places which are

accessible to owners, operators of non-mechanically propelled inland vessel and service

users of such vessels.

(3) The offices of the authorised department shall in the order of hierarchy of power, be

at district, taluk and panchayat or village level, or any other hierarchy as may be prescribed

by the State Government, and shall exercise the powers and functions as may be prescribed

by that Government, which shall include the powers and functions to—

(a) enrol the non-mechanically propelled inland vessel under this Chapter;

(b) collate data with regard to the non-mechanically propelled inland vessel

enrolled under this Act and report it to the higher authority in the hierarchy of power;

with such authority and obligation;

(d) advise and conduct awareness programmes for assisting the owners,

operators or service users of non-mechanically propelled inland vessel enrolled under

this Act; and

(e) perform such other functions as may be assigned under this Act or the rules

made thereunder.

92. (1) The owner or operator may enrol, by submitting the details of the ownership of

non-mechanically propelled inland vessel, undertaking that the vessel is put into motion by

solely employing human labour and such other details as may be prescribed by the State

Government, at the office of the authorised department, which is located nearest to the place

of residence of the owner or area of plying of the non-mechanically propelled inland vessel,

in such form and manner as may be prescribed by the State Government.

(2) The form prescribed by the State Government under sub-section (1) shall be

published in the respective vernacular language, apart from Hindi or English, as the case may

be.

(3) For the purposes of identification and categorisation of non-mechanically propelled

inland vessels, to be enrolled in accordance with the provisions of sub-section (1), the State

Government shall publish such criteria for categorisation which may include the size, purpose

of employment, age, construction, design or such other criteria of the vessels.

(4) The enrolment of non-mechanically propelled inland vessels shall be a prerequisite

for such vessels to be entitled for the benefits and preferential treatment accorded under this

Chapter.

(5) The details of the enrolled vessels shall be recorded in the registry of enrolment

and be reported by the offices of lowest order in the hierarchy of power to the highest

hierarchy and the collated list of enrolled vessels shall be maintained by the office of District

Magistrate or such officer appointed or authorised under this Chapter, for the said purpose.

(6) The State Government shall maintain a central data base to record the details of the

non-mechanically propelled inland vessel enrolled within the respective jurisdiction, in such

form and manner as may be prescribed by it.

(7) The lowest ranking officer of the office of the authorised department shall report of

any change to the registry of enrolment maintained by him and bring to the notice of the

authority higher in the hierarchical order, and the changes shall be brought out accordingly,

in every such register maintained by the respective authorities including the central data base

maintained by the Principal Secretary or Secretary of the State Government.

93. (1) The officer of the authorised department appointed or authorised to maintain

the registry under this Chapter, shall issue a certificate of enrolment to the non-mechanically

propelled inland vessels that have enrolled in the registry of enrolment.

Obligation to

enrol.

Certificate of

enrolment and

marking of

vessel.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) The certificate of enrolment shall be issued, in such form and manner as may be

prescribed by the respective State Government, and details to be specified in such certificate

shall include—

(a) name, permanent address as given in the Unique Identification Document

issued by Unique Identification Authority of India, electoral identification document

or such other document of the owner, as may be prescribed by the State Government;

(b) details such as year of construction, laying of keel or such other information;

(d) details of officer issuing or granting the certificate; and

(e) number given to the vessels enrolled by the issuing authority.

(3) The authorised department in every State shall issue a number to the

non-mechanically propelled inland vessel enrolled within the respective jurisdiction, which

shall be unique for the purpose of identification of enrolment with the authorised department

of the respective State.

(4) The number so issued under sub-section (3) shall be exhibited on a conspicuous

part of the non-mechanically propelled inland vessel in such form and manner as may be

prescribed by the respective State Government.

94. (1) The basic minimum standards that may be reasonably observed during the

construction of any non-mechanically propelled inland vessel, shall be such as may be

prescribed by the State Government.

(2) Notwithstanding anything contained in sub-section (1), the State Government

shall specify, the standards of construction, which any class or category of non-mechanically

propelled inland vessel shall comply with, in such manner as may be prescribed by it:

Provided that the standards prescribed by the State Government shall be in harmony

with the traditional knowledge and practices passed on as customary or ancestral means that

are applied by skilled and talented persons involved in the designing and construction of

non-mechanically propelled inland vessel.

(3) The State Government may specify the minimum safety gears and equipment by

notification in the Official Gazette with which the non-mechanically propelled inland vessel

shall be equipped with for the purpose of ensuring safety of such vessels.

(4) The State Government may provide for standards of overhauling, modifying, altering

or refitting the non-mechanically propelled inland vessel for the purpose of ensuring safe

navigation.

(5) The non-mechanically propelled inland vessels enrolled under this Act, shall comply

with the safety standards as stipulated under this Chapter or the rules made in this regard.

(6) For the purposes of ensuring safe navigation of non-mechanically propelled inland

vessels, the State Government may, by notification, specify the routes, areas or stretch of

inland waters that are prohibited from being used or subject to such terms and conditions,

for the navigation of non-mechanically propelled inland vessel.

95. (1) The State Government may, by rules made in this behalf, specify the measures

to regulate non-mechanically propelled inland vessels.

(2) For the purposes of sub-section (1), the State Government may make rules for the

following, namely:—

(a) for prevention and minimising pollution caused by the non-mechanically

propelled vessels;

(b) for removal of obstructions to safe navigation;

Standards of

construction

and safety.

Power of State

Government

to make rules

to regulate

non-

mechanically

propelled

inland vessels.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) any other measure which the State Government may deem fit in implementing

the provisions of this Chapter.

96. (1) Every State Government shall, by notification, constitute a welfare fund at

district level, for allocation of such fund to assist the non-mechanically propelled inland

vessels enrolled under this Chapter.

(2) Any officer appointed or authorised under this Chapter to be in-charge of the fund

for the non-mechanically propelled inland vessel shall, with the previous approval in writing

of the respective State Government or such other authority appointed for the said purpose,

utilise the fund to—

(a) create awareness and conduct knowledge dissemination sessions for

educating the owner, operator and service user on improvements required for safe

navigation;

(b) provide equipment and devices of safety and navigation at a subsidised rate;

and

(d) for such other purposes as it may deem fit.

CHAPTER XVIII

MISCELLANEOUS

97. No person employed or engaged in any capacity on board a mechanically propelled

vessel shall—

(a) neglect or refuse, without reasonable cause, to join his mechanically propelled

vessel or to proceed on any voyage in his vessel;

(b) cause to be absent from his vessel or from his duty at any time without leave

and without sufficient cause;

(d) fail to act or behave with discipline befitting his duty and mandate.

98. (1) The Central Government may make rules for—

(a) implementation of standards for the use of special category of vessels within

inland waterways;

(b) providing the requirements and standards of—

(i) river information services;

(ii) vessel traffic and transport management, safety and information

services;

(iii) vessel tracing and tracking information;

(iv) to tackle calamities and furtherance of emergency preparedness;

(v) to quarantine the vessels and to adopt such other measures to

effectively control any epidemic or disease of contagious nature;

(d) exemption, inclusion or extension of the application of any or all the provisions

of this Act to any vessel registered, recognised or identified and intended to ply, or

plying in the inland waters;

Constitution

of welfare

fund.

Desertion and

absence

without leave.

General

powers of

Central

Government

to make rules.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) any other matter as it may deem fit and necessary in the proper implementation

of this Act for the purposes of ensuring safe navigation, safety of life and prevention

of pollution caused by inland vessel.

(2) For the purposes of administration of the notifications mentioned in

sub-section (1), the Central Government or the State Government, as the case may be, shall

authorise or appoint officers by notification.

99. (1) Every State Government may, appoint or authorise the advisory committee or

officers, by notification, to take adequate measures, as may be prescribed by the State

Government, to minimise or counter emergency.

(2) The owner, operator, master, crew or any other person connected with inland vessel

plying in inland waters shall upon finding or apprehending a situation of crisis, which could

adversely affect or is adversely affecting the safety of navigation, safety of human life or

preservation of inland waters, inform or report the advisory committee or such other officers,

appointed under sub-section (1) having respective jurisdiction or jurisdictions over such

crisis that is found or is anticipated to affect adversely.

(3) The advisory committee or officers, who are appointed or authorised under

sub-section (1), on receipt of information under sub-section (2), or as directed by the Central

Government or the State Government or on their own initiative, may record the crisis as

emergency and, shall adopt such measures as prescribed under sub-section (1), and such

other measures which are feasible and in best of the judgment necessary to minimise or

counter such emergency.

(4) The advisory committee or officers, appointed or authorised under sub-section (1)

may request the navy, coast guard, any other emergency force, or any inland vessel available

for such assistance as necessary.

(5) No mechanically propelled inland vessel directed or acting voluntarily in rendering

assistance as mentioned in sub-section (4) shall be bound by the provisions of this Act or

the rules made thereunder.

(6) Any mechanically propelled inland vessel acting voluntarily, for the purpose of

saving life or vessel or providing basic amenities, shall report to the advisory committee or

officers appointed or authorised under sub-section (1) regarding the presence and reasons

for the acts in writing, at the earliest possible.

(7) The advisory committee or officers appointed or authorised under sub-section (1)

shall disburse all basic amenities necessary and essential as it may deem fit, to the persons

or vessels affected by such emergency.

(8) The advisory committee or officers appointed or authorised under sub-section (1)

shall report to the Central Government or the State Government, the complete description of

the events, consequences and such measures adopted under sub-section (3) and the

effectiveness of such measures in countering the emergency.

100. (1) If any obstruction or impediment to the navigation of any inland water has

been lawfully made or has become lawful by reason of the long continuance of such

obstruction or impediment or otherwise, the authorised officer shall report the same for the

information of the State Government and shall, with the sanction of the State Government,

cause the same to be removed or altered, making reasonable compensation to the person

suffering damage by such removal or alteration.

(2) Any dispute arising out of or concerning such compensation shall be determined

according to the provisions of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

101. (1) Every certificate issued in respect of any person or vessel, under any other

enactment in force in India, by the Central Government, shall be valid and effective as a

certificate issued under this Act and the relevant provisions of this Act shall apply in relation

to such persons or vessel as they apply to, any person who has been issued with a certificate

Emergency

preparedness.

Removal of

lawful

obstruction.

30 of 2013.

Validity of

certificates

issued under

laws other

than this Act.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

under Chapter VI or any mechanically propelled inland vessel registered, recognised or

identified under this Act.

(2) Notwithstanding anything contained herein, the State Government may impose

additional conditions and requirements for the purpose of recognition of certificates as

provided under sub-section (1).

102. No person shall wilfully cause obstruction or attempt to obstruct any authority or

officer appointed under this Act in exercise of the respective functions and powers conferred

upon such authority or officer, or in the discharge of any duty imposed by or under this Act;

by abstinence, failure to facilitate inspection, or restraining or physically objecting the entry

or movement or non-production of books or records as and when demanded by such authority

or authorised officers.

103. Whoever contravenes any of the provisions of this Act or the rules made thereunder,

shall be triable for the offence in any place where he may be found or at the place of

occurrence or at the place in the State where the offence has been committed or a place which

the Central Government or the State Government, as the case may be, by notification, specify

in this behalf, or any other place in which he might be tried under any other enactment for the

time being in force.

104. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,

any offence punishable under this Act, not being an offence punishable with imprisonment

only, or with imprisonment and also with fine, may, on an application of the accused person,

either before or after the institution of any prosecution, be compounded by competent

authority or in the event of the matter being referred to the court of competent jurisdiction,

such offence may be compounded by the competent authority with the permission of such

court.

(2) The competent authority referred to in sub-section (1) shall exercise the powers to

compound an offence, subject to the direction, control and supervision of the appropriate

Government.

(3) Every application for the compounding of an offence shall be made in such manner

as may be prescribed.

(4) Where any offence is compounded before the institution of any prosecution, no

prosecution shall be instituted in relation to such offence, against the offender in relation to

whom the offence is so compounded.

(5) Where the composition of any offence is made after the institution of any

prosecution, such composition shall be brought by the competent authority referred to in

sub-section (1) in writing, to the notice of the court in which the prosecution is pending and

on such notice of the composition of the offence being given, the person against whom the

offence is so compounded shall be discharged.

(6) Any person who fails to comply with an order made by the competent authority

referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the

maximum fine provided for the offence, in addition to such fine.

(7) No offence punishable under the provisions of this Act shall be compounded

except under and in accordance with the provisions of this section.

105. (1) Unless otherwise provided in this Act, any person aggrieved by an order

made by the officers or authorities under this Act, may appeal to the State Government

against, refusal, suspension, cancellation, detention, removal or such other order, issued

under this Act, within thirty days from the date of receipt of such order.

(2) The State Government shall cause notice of every such appeal to be given to

concerned officers or authorities whose order is made the subject matter of the appeal, and

after giving an opportunity to the appellant; shall pass appropriate order by recording

reasons thereof, which shall be final.

Obstruction to

officer

appointed or

authorised.

Place of trial.

2 of 1974.

Composition

of offences.

Appeal.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

106. (1) For the purposes of effective implementation of the provisions of this Act, the

Central Government shall, subject to the condition of previous publication, make rules for

carrying 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 centralised record to be maintained in e-portal, for recording the data and

details of vessel, vessel registration, crew, manning, certificates issued, reception

facilities and such other data to be recorded under clause (f) of section 3;

(b) the requirements for compliance to be specified in a cover note for the purpose

of issuance of certificate of insurance under clause (g) of section 3;

rate of extent of liability within which the owner or such other persons entitled under

this Act, may limit the liability or be permitted to limit or cap the liability arising out of

claims under clause (t) of section 3;

(d) the standard and number of persons required for safe manning and navigation

of vessels under clause (z) of section 3;

(e) the classification, criteria for such classification and standards of design,

construction, fitness and crew accommodation to classify or categorise any mechanically

propelled inland vessel under sub-section (1) of section 7;

(f) the manner of carrying out construction and any alteration or modification of

mechanically propelled inland vessels with the prior approval of design from the

designated authority under section 8;

(g) the standards for type and periodicity of surveys for all mechanically

propelled inland vessels, which are newly constructed and already in service under

sub-section (1) and the form and content of request for survey to be submitted by the

applicant under sub-section (2) of section 9;

(h) the minimum criteria and qualifications for the appointment of surveyors,

which the State Governments shall adopt in the appointment of surveyors under

section 10;

(i) the form of application for conducting survey to be submitted by owners,

masters or construction yard under sub-section (1) of section 11;

(j) the form and contents of the declaration of survey of a mechanically propelled

inland vessel and the time period for which such certificate shall be valid under

sub-section (1) of section 12;

(k) the form of the certificate of survey including any particulars or terms and

conditions under sub-section (3) of section 12;

(l) the form of provisional certificate of survey and the period of validity provided

under sub-section (1) of section 13;

(m) the terms and conditions to be complied with for permitting any mechanically

propelled vessels registered under such laws of countries other than India;

which shall only be permitted to ply within the inland waters under clause (c) of

sub-section (2) of section 18;

(n) the form, contents or particulars of the book of registry as provided under

sub-section (1) of section 21;

(o) the form and manner for maintenance of central data base for inland vessels

by the officers appointed by the Central Government under section 22;

Power of

Central

Government

to make rules.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(p) the functions to be performed by the officers appointed by the Central

Government under section 22;

(q) the form and manner of making application for registration of a mechanically

propelled inland vessel and the particulars along with which such application is to be

made under sub-section (1) of section 23;

(r) the list of documents to be submitted or adduced by the applicants for

registration under sub-section (2) of section 23;

(s) the form and content of certificate of registration under sub-section (2) of

section 24;

(t) the form of application, fee and the manner of issuance of provisional certificate

of registration under sub-section (2) of section 27;

(u) the procedures to be complied with by the owner of any mechanically

propelled inland vessel who ceases to be the owner or applies for the requirement of

transfer of registry or any such circumstances leading to change of the registered

address under sub-section (2) of section 29;

(v) the procedures for validating the transfer of mechanically propelled inland

vessel from India to outside India under section 30;

(w) the time within which the owner of the mechanically propelled inland vessel

shall report to the Registrar of Inland Vessels of the place where such vessel is registered,

if that vessel is declared missing, destroyed, lost, abandoned or has been rendered

permanently unfit for service or destined for scrapping or dismantling or sold abroad;

(x) the form of instrument creating the security for a mortgage for a loan or other

valuable consideration under sub-section (1) of section 33;

(y) the manner and conditions governing mortgage and its procedures under

sub-section (2) of section 33;

(z) the standards for qualification, training, training institute, examination and

grant of competency certificates under sub-section (1) of section 34;

(za) the minimum manning scale applicable to different class or category of

mechanically propelled inland vessels, categorised under this Act or such other laws

for the time being in force in India, under section 35;

(zb) the criteria and qualifications for appointment of examiners under

sub-section (1) of section 36;

(zc) the form, contents and particulars of certificate of competency specified

under sub-section (3) of section 37;

(zd) the period of validity of certificate of service issued under sub-section (1) of

section 38;

(ze) the form of certificate of service and the conditions subject to which such

certificate is issued under sub-section (4) of section 38;

(zf) the conditions subject to which the certificate of competency shall be valid

throughout India under section 39;

(zg) the intervals and manner in which the State Government shall report and

update the Central Government with the information on data and details of certificates

issued, granted, cancelled or suspended or such other remarks, made by the respective

authority under sub-section (2) of section 41;

(zh) the criteria and standards to identify any class or category of mechanically

propelled inland vessels as special category vessels based on their design, construction,

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

use, purpose, area of plying, source of energy or fuelling or any other criteria under

sub-section (1) of section 42;

(zi) the requirements of construction, design, survey, registration, manning,

qualification, competency, or the requirements in addition to those contained elsewhere

in this Act under sub-section (2) of section 42;

(zj) the specifications and requirements of signals and equipment based on

classification and categorisation of mechanically propelled vessels, to be complied

with by such vessels under sub-section (1) of section 47;

(zk) the fog and distress signals to be carried and used, the steering and sailing

rules to be complied with and the different protocols for exhibition and display of

different standards of lights, shapes and signals, by any mechanically propelled vessel

plying in inland waters under sub-section (2) of section 47;

(zl) the class or category of mechanically propelled inland vessels to be equipped

with navigation aids, life saving appliances, fire detection and extinguishing appliances

and communication appliances under sub-section (1) of section 51;

(zm) the standards to be followed by the owner or master of any mechanically

propelled inland vessel and the manner for discharge or dispose of sewage and garbage

under sub-section (2) of section 52;

(zn) the standards of construction and equipment of the mechanically propelled

inland vessels to ensure compliance with the requirements of the provisions of

Chapter IX under sub-section (1) of section 53;

(zo) the form, validity and content of prevention of pollution certificate under

sub-section (3) of section 53;

(zp) the conditions for construction, use and maintenance of reception facilities

for the containment of pollution and removal of pollutants arising from spillage or

discharge arising from mechanically propelled inland vessels at all cargo terminals or

passenger terminals under sub-section (1) of section 54;

(zq) the purposes for Chapter X as specified in clauses (a) to (g) of section 59;

(zr) the limits of liability and the criteria in determining compensation for any

claim specified in sub-section (5) of section 64;

(zs) the form, content, and the conditions subject to which a certificate of insurance

is issued by the insurer to the insured under clause (c) of sub-section (1) of section 68;

(zt) the terms and conditions to be incorporated in the contract of insurance

entered between insurer and insured to cover the risks, as provided in section 66,

under sub-section (2) of section 68;

(zu) the terms, conditions and procedures to be complied with by insurers and

insured including those specified in clauses (a) to (h) therein, under section 73;

(zv) minimum standards, terms and conditions to protect the interests and to

ensure safety of service providers and service users under section 80;

(zw) the conditions for carrying the list of dangerous goods under section 81;

(zx) the terms and conditions subject to which permission of the Central

Government is granted for use or employment of a vessel, registered in any country

other than India, for the purposes of, carriage of goods, transportation of passengers,

storage units, accommodation, floating units or for such other purposes within the

inland waters under sub-section (1) of section 82;

(zy) the fees for grant of a certificate or licence under this Act similar to any

certificate granted by any other foreign country in accordance with the provisions of

any law for the time being in force in that country under sub-section (2) of section 82;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(zz) the period and extent of validity of certificate granted under sub-section (2)

of section 82, as specified in sub-section (3) of the said section;

(zza) any other matter which is required to be, or may be, prescribed under the

provisions of this Act for the purpose of implementation and administration of such

provisions.

107. (1) The State Government may, after previous publication, make rules for the

provisions specified to be administered by it under this Act or as delegated to it by the

Central Government for the purposes of effective implementation of 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 requirements for the appointment of qualified persons as pilots under

clause (zk) of section 3;

(b) the fee for issuance of certificate of survey under sub-section (2) of

section 12;

inland vessel, which has been issued with a provisional certificate of survey or

endorsement may proceed on voyage or use in service, temporarily, pending the issue

of certificate of survey under sub-section (2) of section 13;

(d) the manner of issue the notice of suspension of certificate of survey to the

owner, operator, master, or construction yard under sub-section (2) of section 15;

(e) the functions to be performed by the Registrar of Inland Vessels in respect to

the port or place of registry for which he is appointed under sub-section (2) of

section 20;

(f) the manner and period in which the Registrar of Inland Vessels shall report the

details of the book of registry or entries made therein, to the State Government at

regular intervals, under sub-section (2) of section 21;

(g) the fee for granting the certificate of registration to the applicant under

sub-section (1) of section 24;

(h) other particulars to be contained in the certificate of registration under

clause (e) of sub-section (2) of section 24;

(i) the conspicuous part of the vessel where the owner shall display the official

number under sub-section (3) of section 24;

(j) the form and manner in which the registered owner shall apply for a duplicate

certificate to the Registrar of Inland Vessels under sub-section (1) of section 26;

(k) the fees or additional fees for applying for a duplicate certificate to the

Registrar of Inland Vessels under sub-section (2) of section 26;

(l) the form, manner and period within which the owner, operator or master of the

mechanically propelled inland vessel shall make an application, for entry of alterations

or modifications made, in the certificate of registration, under sub-section (1) of

section 28;

(m) the fee for applying to the Registrar of Inland Vessels for registration of

alterations under sub-section (2) of section 28;

Power of State

Government

to make rules.

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[PART II—

(n) the conditions to be complied with and the period for such compliance to be

stated in the notice of suspension issued by the Registrar of Inland Vessels under

sub-section (4) of section 31;

(o) the form and manner for maintenance of registers to record, the details and

data of the certificate, and the certificates specified therein, under sub-section (1) of

section 41;

(p) the form of application, form of certificate of fitness and such other conditions

including validity, subject to which and the manner of granting the certificate of fitness

under sub-section (2) of section 43;

(q) the safety features, gears and such other measures by which any mechanically

propelled inland vessel, identified as special category vessel, shall comply with and be

equipped in accordance with the categorisation of such vessel, under sub-section (1)

of section 44;

(r) the maximum carrying capacity of the vessel identified as special category

vessel by specifying the safety waterline or the limits of load water line to keep them

afloat, or such other criteria and conditions, for the safe voyage of such inland vessel

under sub-section (2) of section 44;

(s) the rates of charges to be received by the owner or operator of all cargo

terminals or passenger terminals, providing reception facilities shall receive charges

under sub-section (3) of section 54;

(t) the form of report of compliance to be submitted by the owner or operator of

the passenger or cargo terminal under sub-section (5) of section 54;

(u) the manner in which the owner, operator or master of any mechanically

propelled vessel used or plying within inland waters, shall discharge the pollutants at

the port reception facilities under sub-section (6) of section 54;

(v) the procedure for detaining any mechanically propelled inland vessel in

connection with a claim, or an offence under section 63;

(w) the form and manner of giving information of any wreck, abandonment,

damage, casualty, accident, explosion or loss occurred to or on board such a vessel

while in the inland waters, to the officer in-charge of the nearest police station and to

the designated authority appointed under sub-section (2) of section 74;

(x) the powers of the District Magistrate and the procedures to be followed in

holding inquiry under sub-section (3) of section 75;

(y) the qualifications, criteria and consideration, fees or charges for the assessors,

who have experience in the merchant service or in the navigation of the mechanically

propelled inland vessels under sub-section (2) of section 76;

(z) the procedures for detention, formality, fees and conditions, if not specified

in this Act, to be followed and observed by the concerned officer or authority or court,

appointed or authorised or constituted under this Act, for the purpose of detaining a

vessel, under sub-section (4) of section 85;

(za) the rates of fees and additional fees to be charged for the services provided

under this Act, and any other charges or payment made to it against penalties of

pecuniary nature to be collected by the State Government, and the intervals at which

such fees, charges or penalties shall be collected, under sub-section (1) of section 89;

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(zb) the procedures, forms and format of receipts, maintenance of accounts and

any other matter that is necessary for the purpose of the remittance, collection, accounts

and accountability of collected fees, additional fees, charges or payment against

penalties of pecuniary nature under sub-section (3) of section 89;

(zc) the manner and rates of fees or additional fees the owner, operators or their

representatives, as the case may be, shall remit under sub-section (4) of section 89;

(zd) the hierarchy of the offices of the authorised department and the powers

and functions to be exercised by such offices under sub-section (3) of section 91;

(ze) the authority and obligation to administer the welfare fund constituted for

the purposes of Chapter XVII under clause (c) of sub-section (3) of section 91;

(zf) such other details to be submitted by the owner or operator of

non-mechanically propelled inland vessel at the office of the authorised department

and the form and manner of making such submission, under sub-section (1) of

section 92;

(zg) the form and manner of central data base to record the details of

non-mechanically propelled inland vessels under sub-section (6) of section 92;

(zh) the form and manner of issuance of certificate of enrolment and such other

document containing details of the owner, to be specified in the said certificate, under

sub-section (2) of section 93;

(zi) the form and manner of exhibiting a number issued to a non-mechanically

propelled inland vessel under sub-section (4) of section 93;

(zj) the basic minimum standards that may be reasonably observed during the

construction of any non-mechanically propelled inland vessel under sub-section (1)

of section 94;

(zk) the manner of complying with the standards of construction specified by

the State Government, by any class or category of non-mechanically propelled inland

vessel under sub-section (2) of section 94;

(zl) the measures to regulate the non-mechanically propelled inland vessel under

section 95;

(zm) the measures to be taken by the advisory committee or officers authorised

in this behalf to minimise or counter emergency under sub-section (1) of section 99;

(zn) for the purposes of implementation and administration of Chapter XVII of

this Act, pertaining to non-mechanically propelled inland vessels;

(zo) any other matter which is required to be, or may be, prescribed under the

provisions of this Act.

108. The Central Government may, for carrying into execution of this Act in the State,

give directions to the State Government, and the State Government shall abide by such

directions.

109. (1) No suit, prosecution or other legal proceeding shall lie against any person or

officer appointed or authorised under this Act, in respect of anything done or intended to be

done in good faith under this Act.

(2) For the purpose of claiming immunity under sub-section (1), the officers appointed

or authorised under this Act, shall perform and carry out the respective functions and

responsibilities, with utmost care and due diligence.

110. (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:

Power of

Central

Government

to give

directions.

Power to

remove

difficulties.

Protection of

action taken

in good faith.

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[PART II—

Provided that no such order shall be made under this section after the expiry of a

period of three years, from the 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.

111. (1) The provisions of this Act shall be in addition to, and not be construed in

derogation of the provisions of any other law, and shall be construed as consistent with

such law, for the time being in force.

(2) In the event of any conflict between a provision of this Act and a provision of any

other law for the time being in force in the whole of India or restricted to the application

within the territory of any State, the provision of this Act shall prevail to the extent of such

conflict.

112. (1) The Central Government may, by notification, declare that all or any of the

provisions, under this Act or the rules made thereunder—

(a) other than that provided for safety, manning and prevention of pollution,

shall not apply to any specified class or category of the mechanically propelled inland

vessels; or

(b) shall apply to any specified class or category of the mechanically propelled

inland vessels with such modifications, as may be specified in the notification.

(2) Notwithstanding anything contained in this section, the Central Government may,

by notification, suspend or relax to a specified extent, either indefinitely or for such period as

may be specified in that notification, the operation of all or any of the provisions of this Act.

113. (1) Every rule made or notification issued under this Act, by the Central Government

shall be laid, as soon as may be after it is made or issued, 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 notification, or both Houses agree that the rule or notification

should not be made, the rule or 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 that

rule or notification.

(2) Every rule made or notification issued under this Act by the State Government

shall, as soon as after it is made or issued, be laid before the State Legislature.

114. (1) The Inland Vessels Act, 1917 is hereby repealed.

(2) Notwithstanding the repeal of the enactment referred to in sub-section (1),—

(a) any notification, rule, regulation, bye-law, order or exemption issued, made or

granted under the enactment hereby repealed shall, if it is not inconsistent with the

provisions of this Act, continue to be in force unless and until revoked, and shall have

effect as if it had been issued, made or granted under the corresponding provision of

this Act;

(b) any officer appointed and anybody elected or constituted under any

enactment hereby repealed shall continue and shall be deemed to have been appointed,

elected or constituted unless specifically removed or replaced by appointment of

officer or offices, as the case may be, under this Act;

as referring to this Act or to the corresponding provision of this Act;

(d) any fine levied or penalty imposed under the enactment hereby repealed may

be recovered as if it had been levied under this Act;

Consistency

with other

laws.

Suspension or

alteration of

application

and operation

of Act.

Laying of

rules and

notifications.

Repeal and

savings.

1 of 1917.

SEC. 2]

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(e) any offence committed under the enactment hereby repealed may be

prosecuted and punished as if it had been committed under this Act;

(f) sailing vessels or sailing boats registered under the enactment hereby repealed

shall be deemed to have been registered under the Act;

(g) mortgages of any mechanically propelled inland vessels recorded in any

shall be deemed to have been recorded in the register book under the corresponding

provision of this Act;

(h) any licence, certificate of competency or service, certificate of survey, licenses

or any other certificate or document issued, made or granted under the enactment

hereby repealed and in force at the commencement of this Act shall be deemed to have

been issued, made or granted under this Act and shall, unless cancelled under this Act,

continue in force until the date shown in the certificate or document, as the case may

be.

(3) The matters specifically provided in this section, shall not be held to prejudice or

affect the general application of section 6 of the General Clauses Act, 1897.

X of 1897.

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The Inland Vessels Act, 1917 was enacted to consolidate the enactments which then

existed relating to inland vessels. It governs the navigation of inland mechanically propelled

vessels plying within the inland waters of India. The said Act was last amended in the year

2007. Since then, several major developments have taken place in the inland water transport

sector. One of the important developments is the declaration of one hundred and eleven

national waterways under the provisions of the National Waterways Act, 2016. Systematic

utilisation of the said declared national waterways and tapping the potential of inland water

transportation will lead to the increase in the usage of mechanically propelled inland vessels.

2. The existing Inland Vessels Act, 1917, inter alia, empowered the State Governments

to frame rules on their own. However, the rules made by various State Governments are not

uniform across the country. The requirement of no objection certificate or endorsement to

ply beyond the State jurisdiction, lack of uniformity of applicable norms and standards

prescribed by various State Governments, lack of flexibility in its provisions, and the like, are

shortfalls in the said Act. Hence, a comprehensive review of its provisions was necessitated

to overcome such shortfalls and to cope up with the present needs and foreseeing

developments in the near future. Thus, it is expedient to enact a new legislation to replace the

century old archaic Inland Vessels Act, 1917.

3. The proposed new legislation intends to bring in uniformity in the provisions in

respect of States, so as to promote economic and safe transportation and trade across inland

waters and protect the interest and needs of stakeholders. Further, the State Governments

are being entrusted with the power and responsibility to implement the provisions of the

proposed legislation, in accordance with the standard and measures as may be provided by

rules by the Central Government.

4. The proposed legislation is different from the lnland Vessels Act, 1917 in terms of its

intent, content and implementation, and will—

(i) promote economical, safe transportation and trade through inland waters;

(ii) bring uniformity in application of law relating to inland waterways and

navigation within the country;

(iii) provide for safety of navigation and protection of life and cargo;

(iv) provide for prevention of pollution that may be caused by the use or

navigation of inland vessels;

(v) ensure transparency and accountability of administration of inland water

transportation; and

(vi) strengthen the procedures governing the inland vessels, their construction,

survey, registration, manning, navigation and other related matters.

5. The salient features of the proposed Inland Vessels Bill, 2021, inter alia, are—

(i) to empower the Central Government to provide uniformly the applicable

standards for seamless and safe navigation of inland vessels by rules;

(ii) to empower the State Governments to declare by notification any inland

water area into Zones depending on the maximum significant wave height criteria;

(iii) to empower the Central Government to provide the standards to classify

and categorise mechanically propelled inland vessels, standards and processes involved

in registration of vessels, standards for identification and categorisation of special

category vessels, issuance of certificate of registry, training and minimum manning

scales by rules;

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(iv) to enable the State Governments to implement the provisions in compliance

with the standards and measures as may be provided by rules by the Central

Government;

(v) to provide for a central data base, e-portal for registration and crew data base;

(vi) to provide for new requirements of life safety, fire safety, navigational aids

and communication appliances by rules to be made by the Central Government;

(vii) to empower the Central Government to provide the permissible limits of

discharge of certain pollutants, such as sewage and to provide for issue of prevention

of pollution certificate as a compliance requirement by rules;

(viii) to provide for wreck and salvage and to empower the State Governments to

appoint Receiver of Wreck;

(ix) to introduce provisions regarding principles of liability and limitation of

liability, which improvises and expands the concept of insurance to ensure secure

trade and trade practices;

(x) to introduce improvised provisions pertaining to casualties and investigation

and also to provide for preliminary inquiry and formal investigation;

(xi) to provide for revised penalties and punishments so as to ensure deterrence

of wrong doers and compliance with the provisions;

(xii) to introduce a new Chapter to make provisions for regulation and governance

of the unregulated sector of non-mechanically propelled inland vessels, and to

empower the State Governments to provide for the minimum regulations on such

non-mechanically propelled inland vessels;

(xiii) to provide for composition of offences punishable with fine only;

(xiv) to repeal the Inland Vessels Act, 1917.

6. The notes on clauses explain in detail the various provisions of the Bill.

7. The Bill seeks to achieve the above objectives.

NEW DELHI;

SARBANANDA SONOWAL.

The 9th July, 2021.

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[PART II—

Notes on Clauses

Clause 2 of the Bill seeks to provide for the application and scope of the proposed

legislation. It specifies the applicability of certain Chapters of the proposed enactment to

certain kind of vessels.

Clause 3 of the Bill seeks to provide for the definitions of various expressions used in

the proposed legislation.

Clause 4 of the Bill seeks to provide for declaration of inland water area into zones. It

empowers the State Governments to declare, by notification, any inland water area to be a

Zone depending on specified maximum significant wave height criteria.

Clause 5 of the Bill seeks to provide for the administrative role of the Central Government

and the State Governments. It provides that the existing administrative authorities constituted

under State Governments or Union territory Administrations may continue to be the designated

authorities. It further provides that for the purposes of administration of the non-mechanically

propelled inland vessels as specified in Chapter XVII, the Central Government shall have no

powers of administration.

Clause 6 of the Bill seeks to provide for competent authority. It provides for the Inland

Waterways Authority of India to be competent authority for the purpose of exercising or

discharging the powers, authority or duties conferred by or under the proposed legislation.

Clause 7 of the Bill seeks to provide for the power to classify and categorise for

purpose of survey. It empowers the Central Government for classification of the mechanically

propelled vessels, the criteria for such classification and to provide by rules the standard of

design, construction, fitness and crew accommodation of such vessels. It further provides

for State Governments to classify and categorise mechanically propelled inland vessels on

the basis of criteria and standards as may be provided by rules the Central Government.

Clause 8 of the Bill seeks to provide for the construction of, alteration or modification

affecting strength of any mechanically propelled inland vessel. It provides that the stability

or safety of a mechanically propelled inland vessel will be done with the prior approval of

designated authority in such manner as may be provided by rules by the Central Government.

It further provides that the list of alteration or modification affecting strength, stability or

safety of mechanically propelled inland vessels and the criteria therefor, are to be notified by

the Central Government.

Clause 9 of the Bill seeks to provide for survey of vessels. It empowers the Central

Government to provide by rules the standard for type and periodicity of surveys for

mechanically propelled inland vessel. It further provides for request of survey in such form

and content as may be provided by rules by the Central Government.

Clause 10 of the Bill seeks to provide for the appointment and qualifications of

surveyors. The Central Government may, by rules, provide the minimum criteria and

qualifications for the appointment of surveyors by the State Government.

Clause 11 of the Bill seeks to provide for powers of surveyors. It provides for the

powers of surveyors in respect of conducting the survey of the mechanically propelled

vessel including the powers to board or enter the vessel and shall not hinder the loading or

unloading. The surveyor shall be provided with reasonable facilities for conducting the

survey and information by owner, operator, master and crew of the vessel for the purposes of

survey. The Central Government may provide by rules the time within which survey is to be

conducted.

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Clause 12 of the Bill seeks to provide for grant of certificate of survey and procedures.

It provides for grant of certificate of survey by the State Government in respect of a

mechanically propelled vessel on receipt of the declaration of the surveyor on completion of

survey of such vessel to the satisfaction of such Government. The State Government may

delegate its functions subject to the restriction that such delegation shall not authorise the

grant of a certificate of survey by the surveyor, who made the declaration of survey. The said

clause further empowers the Central Government to provide, by rules, the period of validity

of survey and form of survey and set forth such particulars or such other terms and conditions

to be complied by surveyor.

Clause 13 of the Bill seeks to provide for provisional certificate of survey and its effect.

It provides for the grant of provisional certificate of survey by the surveyor who conducted

the survey of the mechanically propelled inland vessel. The validity of the survey may be

extended for a period and endorsement in such form as may be provided, by rules, by the

Central Government. The grant of provisional certificate or such endorsement may enable

the vessel to proceed on voyage or use in service in the manner and subject to the condition,

as may be provided, by rules, by the State Government, pending the issue of the certificate

of survey.

Clause 14 of the Bill seeks to provide for mechanically propelled inland vessels not to

proceed without certificate of survey, and requirement of Zone to be specified in such

certificate. It provides that no mechanically propelled inland vessel shall be used or proceed

on voyage, without a valid certificate of survey that shall provide or indicate among others,

the Zone intended for operation. It also provides regarding validity of the certificate of

survey and grant of permission to proceed the vessel on a voyage, during the interval

between the date on which the certificate of survey expires and the earlier possible date of

renewal and regarding procedure for issue of valid certificate of survey after cessation of a

certificate of survey. The validity of survey certificate is throughout India, unless otherwise

specified therein.

Clause 15 of the Bill seeks to provide for suspension and cancellation of certificate of

survey. It provides for the grounds of suspension and cancellation of a certificate of survey.

It further provides that the State Governments shall issue the notice of suspension of certificate

of survey to the owner, operator, master or construction yard for rectifying the errors and

complying the condition specified therein within three months in the manner provided by

rules and the non-compliance of such notice shall result in cancellation of the certificate of

survey.

Clause 16 of the Bill seeks to provide for delivery of expired, suspended or cancelled

certificate of survey. It further provides that the State Government shall record the details of

the cancelled certificate in the book of registry maintained by the Registrar of Inland Vessels.

Clause 17 of the Bill seeks to provide for registration. It provides for the registration of

inland vessels fitted with mechanical means of propulsion and specifies the owners for such

purpose. It further provides for registration of foreign vessel chartered on bareboat charter-

cum-demise by Indian charterer and plying exclusively within inland waters. It also provides

that the inland vessels registered under the proposed legislation may also be registered

under the Merchant Shipping Act, 1958.

Clause 18 of the Bill seeks to provide for requirement of certificate of registration. It

provides for mandatory requirement of certificate of registration in respect of the mechanically

propelled inland vessel for proceeding on any voyage or be used for any service with certain

permissions in respect of first voyage for registration; vessel registered under any law for

the time being in force for which provisions exists for voyage under the proposed enactment;

and the mechanically propelled vessels registered under the laws of foreign countries.

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Clause 19 of the Bill seeks to provide for owner or master to carry certificate of

registration. It provides for the obligation on the owner or master of an inland vessel to carry

valid certificate of registration on the vessel and that the non-production thereof would

result in detention of the vessel by such officer appointed or authorised by the

State Government.

Clause 20 of the Bill seeks to provide for appointment of ports or places of registry and

the Registrar of Inland Vessels. It provides for appointment of ports or places of registry and

the Registrar of Inland Vessels by the State Government, respectively, for the purpose of the

registration of the mechanically propelled inland vessels and for performing the functions as

may be provided by rules, by the State Government.

Clause 21 of the Bill seeks to provide for book of registry. It provides for book of

registry and maintenance of the book of registry by the Registrar of Inland Vessels. Such

book of registry shall contain the record of all particulars of the certificate of registration and

the Registrar of Inland Vessels shall report the details of such book to the State Government

at regular interval in the manner and period as may be provided by rules, and the State

Government shall report the Central Government regarding the particulars specified therein

to facilitate and administer the registration process.

Clause 22 of the Bill seeks to provide for central data base of inland vessels. It provides

for maintenance of a central data base for inland vessels by the officers appointed by the

Central Government. The form and manner of maintaining the central data base and functions

of the officers so appointed shall be such as may be provided by rules by the

Central Government.

Clause 23 of the Bill seeks to provide for application and processes of registration of

vessels. It provides for an application to be made for the registration of the mechanically

propelled vessel by the applicant possessing valid certificate of survey. The form, and

manner along with such particulars to be provided and list of the documents to be submitted

or adduced by the applicant shall be such as may be provided by rules by the Central

Government. It also provides that such application for registration of vessel shall be made to

the Registrar of Inland Vessels having jurisdiction and in the case of non- compliance or

deficiency, the Registrar of Inland Vessels may refuse registration assigning reason.

Clause 24 of the Bill seeks to provide for grant of certificate of registration and marking

of vessel. It provides for grant of certificate of registration on payment of registration fee as

may be provided by rules by the State Government. The certificate of registration shall be in

such form as may be provided by rules by the Central Government and contain the particulars

specified therein and the Registrar of Inland Vessels shall assign the official number to the

registered vessel which shall be displayed by the owner on a conspicuous part of the vessel

as may be provided by rules by the State Government.

Clause 25 of the Bill seeks to provide for effect of certificate of registration. The

registration shall be valid throughout India except otherwise specified in the certificate. The

certificate of registration shall be conclusive proof of ownership and both the person having

beneficial interest of ownership in the vessel or share in the vessel shall be deemed owner

and have the same right as that of the registered owner.

Clause 26 of the Bill seeks to provide for duplicate certificate of registration, where the

original is lost or destroyed and such certificate shall be issued by the Registrar of the Inland

Vessels on the application of registered owner of the vessel with fees or additional fees as

may be provided by rules by the State Government.

Clause 27 of the Bill seeks to provide for provisional certificate of registration. It

provides that the Registrar of the Inland Vessels may, on an application and fee made to him,

issue provisional certificate of registration pending the issuance of certificate of registration.

SEC. 2]

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The period of validity of provisional certificate of registration, the form of application and the

rate of fee shall be such as may be provided by rules by the Central Government.

Clause 28 of the Bill seeks to provide for registration of modifications or alterations.

The owner, operator or master of the vessel shall make an application to the Registrar of

Inland Vessels who has issued the certificate of registration, along with the certificate of

survey in which such alteration or modification have been approved. The application shall

be made in such form, manner and within such period along with fees, as may be provided by

rules by the State Government. The Registrar of Inland Vessels shall either cause the approved

alteration or modification affecting the strength and stability of vessel to be registered and

entered into the certificate of registration or direct that the vessel be registered anew. In case

of the order for registration anew, a provisional certificate for a specific period shall be

granted describing the vessel as altered or endorse on the existing certificate about the

particulars of alteration. The failure of filing such application would be considered that the

plying of vessel be without a valid certificate of registration.

Clause 29 of the Bill seeks to provide for change of residence or place of business. It

provides for change of residence or place of business of the owner of the mechanically

propelled inland vessel. The procedures to be complied with by the owner of vessel who

ceases to be the owner or applies for the requirement of transfer of registry or any such

circumstance leading to change of the registered address are to be such as may be provided

by rules by the Central Government.

Clause 30 of the Bill seeks to provide for prohibition against transfer of registered

vessel to a person residing in any country other than India without the prior approval of the

Registrar of Inland Vessels who has originally issued the certificate of registration. Such

transfer is to be validated only if procedures, as may be provided by rules by the

Central Government, are complied with.

Clause 31 of the Bill seeks to provide for suspension of certificate of registration. It

provides that the Registrar of the Inland Vessel may require the inspection of the registered

vessel within his jurisdiction by a person appointed for such purpose by the State Government.

It further empowers the Registrar of Inland Vessels to suspend the certificate of the registered

vessel found unfit, after providing the opportunity of hearing and record the reasons for

such suspension. A notice of suspension with reason of suspension and conditions to be

complied within such period is to be issued by Registrar of Inland Vessels. The period for

withdrawal of such order of the suspension shall be such as may be provided by rules by the

State Government. Where the suspension is made by the Registrar of Inland Vessels other

than who registered the vessel, he shall intimate the suspension or withdrawal of the

suspension to the original Registrar of Inland Vessels for entering the order in the book of

registry and the certificate of registration. The Registrar of Inland Vessels suspending the

registration certificate shall confiscate such certificate and return the certificate to the owner

or master only upon the withdrawal of suspension.

Clause 32 of the Bill seeks to provide for the cancellation of registration of vessel

being declared missing, destroyed, lost or abandoned or rendered permanently unfit, destined

for scrapping or dismantled or sold abroad. The owner shall report the fact to the Registrar of

Inland Vessels along with the report and certificate of registration where the vessel is

registered, within time period as may be provided by rules by the Central Government. The

Registrar of Inland Vessels may, within local limits of his jurisdiction, get vessel inspected by

designated authority appointed by the State Government, and after inspection, if is satisfied

that the vessel is unfit to ply in any inland water, get the registration certificate surrendered

and cancel the registration of that vessel, after giving opportunity of hearing to the owner.

Clause 33 of the Bill seeks to provide for mortgage of mechanically propelled vessel or

share therein as a security for loan. The instrument creating security to be in such form as

may be provided by rules by the Central Government. The Registrar of Inland Vessels may,

on production of instrument creating security, record the mortgage in the book of registry.

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The manner and condition subject to which vessel or share therein may be mortgaged shall

be such as may be provided by rules by the Central Government.

Clause 34 of the Bill seeks to provide for training and minimum age for employment.

The standards for qualification, training, training institutes, examination and grant of

competency certificates shall be such as may be provided by rules by the Central Government.

No person under the age of eighteen years shall be employed on a mechanically propelled

inland vessel registered under the proposed legislation.

Clause 35 of the Bill seeks to provide for minimum manning scale and manning

requirement. The minimum manning scale for different class or category of mechanically

propelled inland vessels shall such as may be determined by the Central Government, by

rules.

Clause 36 of the Bill seeks to provide for the appointment and duties of the examiners

in respect of certificates under Chapter VI. Such examiners may be appointed by the State

Government in accordance with the criteria and qualifications as may be provided by rules

by the Central Government. The examiners shall evaluate the masters, engineers, engine

drivers or other persons who have undergone the qualifying training and report the list of

successful candidates to the State Government or other officer appointed or authorised, by

notification, by the State Government.

Clause 37 of the Bill seeks to provide for grant of certificate of competency to such

candidate who is reported by the examiners to possesses the required qualification. The

report provided by the examiners may be evaluated by the State Government and after

finding the report correct, shall grant certificate of competency, certifying that the candidate

specifying in the report is competent to serve in such capacity as may be specified therein on

any class or category of mechanically propelled inland vessel. In case of defective or unduly

made report, the State Government shall require for further examination or re-examination of

all or any of the candidate. The certificate of competency is to be in such form as may be

provided by rules by the Central Government.

Clause 38 of the Bill seeks to provide for grant of certificate of service to any person,

who has served for such period, as may be provided by rules, as a master, or as an engineer,

of a vessel of the Coast Guard, Indian Navy or regular Army, to the effect of his competency

to act on board the mechanically propelled inland vessel as a first class master, second class

master or serang, or as an engineer , first class engine driver or second class engine driver or

in such capacity as may be specified therein. Such certificate shall be granted by the State

Government on verification of the certificate issued by Coast Guard, Indian Navy or regular

Army submitted with application. The State Government may refuse to grant the certificate

by recording reasons thereof. A certificate of service so granted shall be in such form,

manner and subject to such conditions as may be provided by rules by the Central Government

and shall have the same effect as a certificate of competency.

Clause 39 of the Bill seeks to provide for effect of certificate of competency or certificate

of service. It provides that the certificate of competency or certificate of service shall be valid

throughout India and shall be subject to the provisions of the proposed legislation and such

conditions as may be provided by rules by the Central Government.

Clause 40 of the Bill seeks to provide for suspension and cancellation of certificate

issued under Chapter VI on the contravention of the provisions of the proposed legsialtion

or the rules made thereunder. Before such suspension or cancellation of the certificate, the

State Government or any officer appointed or authorised in this behalf shall issue notice to

the concerned holder of the certificate and provide him opportunity of being heard and

record the reasons for suspension or cancellation. On such suspension or cancellation the

holder of the certificate shall deliver the certificate to the State Government or officer appointed

or authorised by that Government by notification.

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Clause 41 of the Bill seeks to provide for registry of certificate holders and central

registry. It provides that the registers in electronic format to record the data and details of the

certificate issued by State Government shall be in such form and manner as may be provided

by rules. The State Government shall report and update the Central Government with the

information, data and detail of certificates issued, granted, cancelled or suspended or other

remarks in regular intervals as the Central Government may specify by rules. The Central

Government shall update the central database in electronic format with the reports and

information received from all the State Governments.

Clause 42 of the Bill seeks to provide for special category vessels. It empowers the

Central Government to make rules in respect of specifying the criteria and standards to

identify any class or category of mechanically propelled inland vessels as special category

vessels based on their design, construction, use, purpose, area of plying, source of energy

or fueling or any other criteria or standards. The requirement of construction, design, survey,

registration, manning, qualification, competency or requirement in addition to those contained

elsewhere in the proposed legislation shall be such as may be provided by rules by the

Central Government. The State Government shall identify the mechanically propelled inland

vessels as special category vessels based on such criteria and standards as the

Central Government may provide by rules.

Clause 43 of the Bill seeks to provide for appointment or authorisation of officers to

implement provisions, grant certificate of fitness and like other matters. It empowers the

State Government to appoint or authorise qualified officers and such number of officers for

the purpose of performing duties and implementing the provisions of the Chapter on special

category vessels. On the application made by owner, operator or master and on being satisfied

that the vessel complies with the provisions of the proposed legislation and that it falls

under the special category vessel, the State Government may, grant a certificate of fitness in

such form and content and subject to such conditions as may be provided by rules by the

State Government. The appointed or authorised officer may, by recording the reasons therefor,

refuse the grant of certificate of fitness in respect of such application.

Clause 44 of the Bill seeks to provide for the safety features, gears and such other

measures which the vessel identified as special category vessel shall comply with and be

equipped in accordance with the categorisation of such vessel, shall be such as may be

provided by rules by the State Government. The maximum carrying capacity of the special

category vessel may be determined by the specified load line or the limits of load line or any

such other criteria and conditions, for the safe voyage of such inland vessel shall be as may

be provided by rules by the State Government.

Clause 45 of the Bill seeks to provide for inspection of special category vessel. It

provides that the vessel including hull, equipment and machinery or any part or properties of

special category vessel may be inspected by the surveyor at any instance other than normal

survey. The owner, operator, agent, master or person in-charge of the vessel shall provide all

facilities to the surveyor and any information of any part of the vessel, machinery or equipment

thereof machinery as required by the surveyor.

Clause 46 of the Bill seeks to provide for suspension or cancellation of certificate of

fitness on non-compliance of the provisions of the proposed enactment or the rules made

thereunder. It provides that the State Government may issue notice for rectification of non-

compliance within specified time. On continuance of non-compliance even after receipt of

notice, the State Government may provide an opportunity of being heard and recording the

reasons in writing, suspend or cancel the certificate of fitness of the vessel. In the case of

such suspension or cancellation, then such vessel shall cease to operate till the suspension

is revoked or in the case of cancellation till new certificate of fitness is granted.

Clause 47 of the Bill seeks to provide for navigation safety, lights and signals of the

mechanically propelled inland vessels. It empowers the Central Government to make rules

regarding specifications and requirements of signals and equipment, fog and distress signals,

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[PART II—

the steering and sailing rules and different protocols of exhibition and display of different

standards of lights, shapes and signals as specified in the clause and the owner or master of

every mechanically propelled vessel, while in the inland water limit, shall strictly comply with

the rules so made.

Clause 48 of the Bill seeks to provide for obligation to ensure safe navigation. It

provides that it shall be the obligation on every mechanically propelled vessel to adopt

necessary measures to prevent collision and to ensure safe navigation through inland waters

and in the case of any damage to person or property as specified in the said clause, such

damage shall be deemed to have been occasioned by the wilful default of the concerned

person in-charge of the vessel, unless it is shown to the satisfaction of the court that the

circumstances of the case demands deviance from the applicable rules.

Clause 49 of the Bill seeks to provide for distress signal. It provides that the master of

a mechanically propelled vessel has obligation, while in the inland water limit, on finding or

encountering a dangerous derelict or any other hazard to navigation in the inland waterways,

to send, free of cost, immediately a signal or to indicate the danger or distress or any such

information to other mechanically propelled vessels in the vicinity and to the concerned

State Government.

Clause 50 of the Bill seeks to provide for assistance to vessels in distress and persons

in distress by imposing obligation on the master of any mechanically propelled vessel, while

in the inland water limit, on receiving any signal of distress from any vessel or aircraft in the

inland water limit, to proceed immediately to provide assistance to the persons in distress by

acknowledging the receipt of such signal to the vessel in distress except in certain

circumstances as specified in the clause and he has also obligation, while in the inland water

limit, to render assistance to every person found in danger of being lost in the inland waters

except in certain circumstances.

Clause 51 of the Bill seeks to provide for life saving, fire safety and communication

appliances. It empowers the Central Government to make rules regarding class or category

of mechanically propelled inland vessels to be equipped with life saving appliances, fire

detection and extinguishing appliances and communication appliances and the owner,

operator or master of such vessel shall comply therewith. It further empowers the State

Government to appoint or authorise officers as surveyors and the surveyor shall inspect and

ensure that the mechanically propelled inland vessel complies with applicable requirements.

In case of inspection and found in non-conformity to requirements, notice shall be issued

by surveyor pointing out deficiency and unless such notice is complied with, by the owner

or master, such vessel shall not to proceed on voyage.

Clause 52 of the Bill seeks to empower the Central Government to designate, by

notification, the list of chemicals, any ingredients or substance carried as bunker or as cargo,

or any substance in any form discharged from any mechanically propelled inland vessel, as

pollutants. It provides that the owner or master of such vessel shall discharge or dispose of

the sewage or garbage in accordance with the standards and manner as may be provided by

rules by the Central Government and subject to the exceptions specified in the said clause.

No such vessel shall cause pollution by discharging or dumping the pollutants so designated

by notification.

Clause 53 of the Bill seeks to empower the Central Government to provide by rules,

standards of construction and equipment of the mechanically propelled inland vessels to

ensure compliance with the requirements of Chapter IX. It provides that the State Government

shall appoint or authorise officers to ensure construction, installation and maintenance of

equipment of inland vessels, and on compliance, shall issue a certificate of prevention of

pollution. The validity and content of the certificate shall be such as may be as provided by

rules by the Central Government and such certificate shall be carried on board the concerned

vessel to furnish the same on demand by the appointed or authorised officer.

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Clause 54 of the Bill seeks to empower the Central Government to provide by rules, the

conditions for construction, use and maintenance of reception facilities for the containment

of pollution and removal of pollutants arising from spillage or discharge arising from

mechanically propelled inland vessels at all cargo terminals or passenger terminals and for

compliance of the same the owner or operator of all cargo or passenger terminals shall

provide reception facilities and shall receive charges, at such rates as may be provided by

rules by the State Government. The Central Government or authorised officer by the State

Government shall direct the owner or operator of the terminal to arrange for the provision of

such pollution containment equipment and pollutant removing materials at the terminals for

the purpose of minimising the pollution already caused, by order in writing. The operator

shall submit a report of compliance to the Central Government. The owner, operator or master

of the inland vessel, shall discharge the pollutants at the port reception facilities in the

manner as may be provided by rules by the State Government.

Clause 55 of the Bill seeks to empower the State Government to appoint or authorise

such officers as surveyors to inspect any cargo or passenger terminal lying within its

respective jurisdiction and such surveyor or officer may, at any reasonable time, enter and

inspect any cargo or passenger terminal for the purpose specified in the clause and in the

case of deficiency as specified in the clause, he may give notice in writing specifying the

deficiencies and recommend remedial measures therein to the owner or operator of the cargo

or passenger terminal and such owner or operator shall not proceed with any work at such

cargo or passenger terminal until he obtains certificate as specified in the clause.

Clause 56 of the Bill seeks to empower the State Government to direct any designated

authority or the authorised officer specified in the clause to conduct investigation into

incident of pollution and that Government shall update the Central Government with such

information or report of the Court, if so directed by such Court concerned, on incident of

pollution that occurs within its jurisdiction.

Clause 57 of the Bill seeks to provide for prohibition of the owner, operator, master or

person in charge of the vessel, plying in inland water from intentionally abandoning, deserting,

dumping, throwing onboard or jettisoning the vessel or property or parts or cargo, so as to

cause wreck.

Clause 58 of the Bill seeks to empower the State Government to appoint or authorise

any officer, by notification, to act as receiver of wreck within its jurisdiction and to impose

obligation on the owner, operator, master or person in charge of vessel, property or cargo

which is wrecked, stranded or in distress or who has found them wrecked, stranded or in

distress in the inland waters, to immediately inform to the receiver of the wreck as specified

in the clause and such owner shall also inform the receiver of wreck in writing the finding and

the marks as specified in the clause; and where the wreck is in possession of any person

other than the owner, operator, master or person in charge of vessel, property or cargo, such

person shall deliver the same to the receiver of the wreck.

Clause 59 of the Bill seeks to empower the Central Government to make rules under

Chapter X for providing powers and functions of the receiver of the wreck; responsibilities

and obligations of the owner, operator, master or person in charge of vessel, property or

cargo with respect to the wreck; measures adopted for the removal of obstruction to

navigation; disposal of wreck, including its sale and proceeds of unsold property; measures

to be adopted for protection of wreck, fouling of government moorings; rights and duties of

salvors and performance of salvage operations or resolution of disputes pertaining to amount

payable to salvors; and such other matter as deemed necessary for the efficient administration

and removal of wrecks.

Clause 60 of the Bill seeks to provide for liability of the owner, operator, master of crew

or an insurer for the offences and contraventions of the provisions of the proposed legislation

or rules made thereunder and further provides for the liability of the beneficially interested

person otherwise than by way of mortgage or in the share in any registered mechanically

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propelled inland vessel and that such liability shall be on both such person and the registered

owner in respect of all the pecuniary penalty imposed under the proposed legislation or any

other Act on the owners of mechanically propelled inland vessels or shares therein.

Clause 61 of the Bill seeks to provide for apportionment of loss, division of damage or

loss caused by the fault of two or more mechanically propelled inland vessels and in such

case, the liability to make good the damage or loss shall be in proportion to the degree in

which each of such vessel was at fault with certain specifications provided in the said clause.

The said damage or loss shall include any salvage or other expenses, consequent upon the

fault and for the detention or attachment of the vessel, the person who has suffered damage

or injured or his representative may apply in the appropriate jurisdiction on the claim.

Clause 62 of the Bill seeks to provide for liability for personal injury, loss of life or

pollution to environment. It provides that where loss of life or personal injury is suffered or

damage to property or pollution is caused as specified in the clause owing to the fault of a

vessel and any other vessel or vessels, then, the liability of the owners of such vessels

concerned shall be joint and several subject to certain defense in the clause to the owner,

operator, master or a member of crew or insurer.

Clause 63 of the Bill seeks to provide for detention of mechanically propelled inland

vessel. It empowers the State Government to appoint officer for the purpose of detaining any

mechanically propelled inland vessel as specified in the clause and the procedure therefor

shall be such as may be provided by rules by that Government.

Clause 64 of the Bill seeks to provide for limitation of liability. It enables the owner,

operator, master or person in charge of a vessel or member of crew of any mechanically

propelled vessel to limit the extent of his liability as specified in the said clause and no person

shall be entitled to limit his liability for claims for salvage or claims stipulated as exempted

from the application of limitation of liability under any other law and the act of invoking

limitation of liability shall not be construed as constituting an admission of liability by any

person who takes the defence and the liability of the owner or operator of a mechanically

propelled inland vessel includes liability in an action brought against such vessels. It also

empowers the Central Government to provide, by rules, the limits of liability and the criteria

in determining for compensation for any claim specified in the clause and it also specifies

regarding application to the High Court for constituting a limitation fund for the consolidated

rate and the release by the High Court of a vessel or other property detained in connection

with claim.

Clause 65 of the Bill seeks to provide for non-applicability of limitation. It provides for

the event when the person entitled to limit the liability against any claim shall not be able to

so limit and such event occurs when the claim has arisen due to intentional act or negligence

of such person or his employee.

Clause 66 of the Bill seeks to provide for insurance to cover. It provides for insurance

of the liability of the mechanically propelled vessel used for voyage in inland waters as

specified in the said clause.

Clause 67 of the Bill seeks to provide for contractual liability not to cover. It provides

that a policy shall not be required to cover any contractual liability of the insured that arises

due to any performance or not performance of a contract or of agreement in a capacity of a

service provider.

Clause 68 of the Bill seeks to provide for insurance and terms of insurance policy. It

specifies the policy of insurance to be issued for the purposes of clause 66 is to be issued by

an authorised insurer and insured, the mechanically propelled inland vessel, any person or

classes of person specified in the policy to the extent specified in clause 66 and certificate of

insurance to be in such form and content and subject to such conditions as may be provided

by rules by the Central Government. It also provides for terms and conditions to be

incorporated in the contract of insurance entered between insurer and insured to cover the

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risks as provided in clause 66 shall be such as may be provided by rules by the Central

Government.

Clause 69 of the Bill seeks to provide for duty to indemnity and direct action against

insurer. It provides that an insurer issuing a policy of insurance shall be liable to indemnify

the insured or any person, as specified in the policy in respect of any liability which the

policy purports to cover in the case of the insured or that person. It further provides that any

claim for compensation against loss or damage under the proposed legislation and covered

by the insurance may be brought directly by the insurer in respect of liability incurred by the

registered owner.

Clause 70 of the Bill seeks to provide for effect of death on certain causes of action. It

provides that the death of a person in whose favour a certificate of insurance had been

issued, if it occurs after the happening of an event which has given rise to a claim as specified

in the clause, shall not be a bar to the survival of any cause of action arising out of the said

event against his estate or against the insurer.

Clause 71 of the Bill seeks to provide for effect of certificate of insurance. It provides

that in case, an insurer has issued a certificate of insurance in respect of a contract of

insurance between the insurer and the insured person, then, non-issue of policy, as described

in the certificate by the insurer shall not affect the conforming in all respects with the

description and particulars of the policy so far as they relate to the third person; and when

actual terms of policy are less favourable to the person claiming under or by virtue of the

policy against the insurer, then, the policy shall, as between the insurer and the person so

claiming be deemed to be in terms confirming in all respects with the particulars stated in the

said certificate.

Clause 72 of the Bill seeks to provide for transfer of certificate of insurance. It provides

that the transfer of the ownership of the mechanically propelled vessel in respect of which

the insurance has been taken also transfers the certificate of insurance and policy described

in the certificate with rights and liabilities to the transferee with effect from the date of such

transfer.

Clause 73 of the Bill seeks to empower the Central Government to make rules for

Chapter XII. It, inter alia, empowers the Central Government to specify the terms, conditions

and procedure to be complied with by the insurers and insured including cover note of

insurance and its validity; rights and duties of the insured; procedures and processes involved

in processing of claims; duties and obligations of the insurers to satisfy the judgments and

awards; rights of claimants, liability of the insured and the insurers in special circumstances

such as the insured becomes insolvent and the procedures to be followed; procedures,

processes and minimum terms of conditions for the settlement between the insurers and

insured persons; procedures to be followed in the transfer of certificate of insurance; and

such other matters directly or indirectly related to insurance of mechanically propelled vessels,

for the purposes of effective implementation and administration of this Chapter in the

proposed enactment.

Clause 74 of the Bill seeks to provide for reporting of casualty, accident, wreck and like

other matters. It provides for reporting wreck, abandonment, damage, casualty, accident,

explosion or loss occurred to or on board a mechanically propelled inland vessel and such

reporting shall be made to the officer in charge of the nearest police station and to the

designated authority appointed for such purpose by the State Government in such form and

manner as may be provided by rules by the State Government. It further provides that the

designated authority shall report contents and information to the District Magistrate. It also

provides for investigation by the officer incharge of the police station and submission of a

report to the Judicial Magistrate who in turn take action as deemed fit in accordance with the

provisions of the Chapter XVI relating to the offences and penalties.

Clause 75 of the Bill seeks to provide for preliminary enquiry by designated authority

and inquiry by District Magistrate. It provides that the designated authority shall conduct

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enquiry submit a report to the District Magistrate, who shall transmit the same to the concerned

State Government. The State Government may direct the District Magistrate to submit an

additional report, if deemed necessary, and send copy to the Judicial Magistrate through the

jurisdictional police. It further provides for the powers of the District Magistrate and the

procedures followed by him for submission of additional report in such manner as may be

provided by rules by the State Government.

Clause 76 of the Bill seeks to provide for assessors. It empowers the State Government

to appoint and maintain a list of assessors, revised from time to time. It further provides that

the State Government shall, by rules, specify the qualifications, criteria and consideration,

fees or charges for the assessors conversant with maritime affairs. The District Magistrate

may appoint any number of assessors for assisting in the inquiry and the assessors to

deliver his opinion as may be sought for, which shall be recorded in the proceedings.

Clause 77 of the Bill seeks to provide for the report of District Magistrate to be notified

by State Government. It provides that the District Magistrate shall make a full report of the

conclusion arrived together with the evidence recorded and the written opinion of assessor

and the State Government shall, on receipt of the report from the District Magistrate, publish

the same by notification in the Official Gazette.

Clause 78 of the Bill seeks to provide for powers of District Magistrate subsequent to

inquiry. It provides that the District Magistrate, may recommend in his report for cancellation

or suspension or confiscation of a certificate of competency or certificate of service granted

to a master, crew or engineer of an inland vessel by State Government, if it finds that the

accident or casualty, including loss, stranding or abandonment of, or damage to, any

mechanically propelled inland vessel, or loss of life, has been caused by the wrongful act or

default of such master or engineer and on the ground of incompetency or guilt of any gross

act of drunkenness, tyranny or other misconduct or failure in case of collision to fail render

assistance or giving information or notice required under the proposed enactment. It further

provides that at the conclusion of the inquiry the District Magistrate shall state in open

sitting, the decision arrived at by him with respect to the cancellation or suspension or

confiscation of any certificate of competency or certificate of service and period of suspension.

It also provides that the District Magistrate, without prejudice to the provisions of the

clause, may also make such order and require such security in respect of the costs of the

matter as deemed fit.

Clause 79 of the Bill seeks to provide for powers of State Government to suspend,

cancel and confiscate certificate. It provides that the State Government, in whose jurisdiction

the certificate of competency or certificate of service was granted, may cancel or suspend

any such certificate or, in the event of vessel being found under jurisdiction of another State

Government, such State Government may confiscate the certificate on the report of the

District Magistrate or on the ground of the holder of the certificate having been convicted of

the non-bailable offence; or the holder of the certificate is proved to have deserted his vessel

or has absented himself without leave and without sufficient reason, from his vessel or from

his duty; or a person holding any designation as provided by the certificate being unfit to act

in such designation, as specified in the clause. It further provides that after such suspension,

cancellation or confiscation, the holder of the certificate shall deliver it to the person as the

concerned State Government may direct and if any State Government cancels, suspends or

confiscate the certificate, the proceedings and the fact of confiscation and recommendation

for suspension or cancellation shall be reported to the State Government which has originally

issued, granted or endorsed the certificate and the State Government shall have the power to

revoke such suspension or cancellation or grant certificate anew and record the reasons in

writing to a person whose certificate has been so cancelled.

Clause 80 of the Bill seeks to provide for powers of the Central Government to protect

interest of service providers and service users. It empowers the Central Government to

specify the minimum standards, terms and conditions to protect the interests and to ensure

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safety of service providers and service users that shall be incorporated in the contract

entered for carriage or use of inland vessels.

Clause 81 of the Bill seeks to provide for prohibited goods and dangerous goods. It

empowers the Central Government, by notification, to declare the list of dangerous goods

that may be carried subject to the conditions that may be provided by rules, and prohibited

goods that are prohibited from being carried on any class or category of mechanically

propelled inland vessels, while plying in the inland waters.

Clause 82 of the Bill seeks to provide for trade permission and endorsement of

certificates of foreign vessels. It provides that such vessels registered in foreign countries

shall be used and employed within the inland waters with the prior permissions from the

Central Government for such purposes and subject to such terms and conditions as may be

determined by rules by the Central Government and the provisions of bilateral or multilateral

treaties shall be imposed on the service providers of such vessels. It further provides that

the foreign certificates granted in accordance with the law corresponding to the provisions

of the proposed legislation shall be endorsed as specified in the clause to have effect for

such period and to such extent as may be provided by rules by the Central Government and

shall be treated as if it had been granted under the proposed enactment.

Clause 83 of the Bill seeks to provide for pilotage. It provides that the Central

Government may designate the requirement of pilotage in whole or part of inland waterways

declared as national waterways and the State Government may designate such requirement

of pilotage in whole or part or any stretch of designated inland waterways or passages that

lie within the respective territory of such State Government and in respect of which Central

Government has not specified.

Clause 84 of the Bill seeks to provide for certified master to be deemed pilot under

Act 15 of 1908. It provides that, subject to provisions of section clause 83, every certified

master of any mechanically propelled inland vessel under the proposed legislation shall, as

specified in the clause, be deemed to be the pilot under the Indian Ports Act, 1908.

Clause 85 of the Bill seeks to provide for vessel detention and forfeiture. It provides

for the conditions under which a mechanically propelled inland vessel, which is required to

be registered, shall be removed from the inland waters, detained or forfeited by the authorised

officer appointed by the State Government. It further provides for the safe custody and

maintenance of the detained or forfeited vessel at the cost of owner, operator or the person

responsible for the vessel and this is a pre-condition for release of the vessel, and if unpaid,

shall create a lien over such vessel. It also provides for release of the detained vessel by the

State Government, procedure of detention, formality, fees and conditions to be followed and

observed by the concerned officer or authority or court and the aid of police officer or any

other authorised person to be taken by the authorised officer for the purpose of enforcing

the order of detention or forfeiture of the vessel.

Clause 86 of the Bill seeks to provide for constitution of Development Fund. It provides

for constitution of a Development Fund by the State Government, which shall be utilised for

meeting emergency preparedness, containment of pollution, supporting expenses of owners

or economically backward sector involved in activities of trade and living depending solely

on inland waters, removal of unidentified wreck or obstruction and boosting up development

works of inland water navigation as specified in the clause. It further provides for the sources

from where the fund shall be contributed.

Clause 87 of the Bill seeks to provide for offences and penalties. It provides for the

offences for the contravention, or failure to comply with, the provisions of the proposed

legislation and the punishment for such offences as provided in the Table in sub-section (2).

It further provides for contravention of the offence not specifically provided and penalty for

the same. It also provides for the realisation of fine and the Magistrate passing the sentence

may direct the amount of fine to be levied by distress and sale of mechanically propelled

vessel or its appurtenance. It also provides for the details of the offence, the offender and the

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vessel to be recorded in such form and manner as may be provided by rules by the Central

Government and the appointment of courts by the State Government for conducting trial of

the offender.

Clause 88 of the Bill seeks to provide for offences by company, limited liability

partnership firm or any such arrangement. It provides for offences by company, limited

liability partnership firm or any such arrangement and the criminal liability of the persons

responsible to such company, limited liability partnership firm or any such arrangement.

Clause 89 of the Bill seeks to provide for fees, additional fee, payment and collection.

It empowers the State Government to collect the fees and additional fees for the services

provided under the proposed legislation and any other charges or payment made to it

against penalties. It also empowers the State Government to appoint, authorise or to constitute

such offices to act as single point collection offices within the districts or ports, considering

proximity and convenience of remittance as specified in the clause and to make rules for the

procedure, forms and notes of receipt, maintenance of account and other purposes as specified

in the said clause. It also provides that all fess payable under the proposed legislation may

be recovered as fine by the State Government.

Clause 90 of the Bill seeks to provide for cognizance of offence. It provides that no

court shall take cognizance of any offence under the proposed legislation except on a

complaint in writing made by the Central Government or any officer authorised by the State

Government.

Clause 91 of the Bill seeks to provide for local self-governance. It provides that the

State Government may authorise any of its department to administer and implement the

provisions of Chapter XVII relating to non-mechanically propelled inland vessels by means

of local self-governance and the location of such department shall be accessible to owners,

operators of such vessel, or service users of such vessels. It specifies the hierarchy of power

or any other hierarchy as may be provided by rules by the State Government. The offices of

authorised department shall exercise the powers and functions as may be specified by rules

by the State Government including those specified in the said clause.

Clause 92 of the Bill seeks to provide for obligation to enroll. It provides for the

obligation of the owner or operator of the non-mechanically propelled vessel to enroll and

specifies the details to be submitted by the owner or operator at the nearest office of the

authorised department in such form and content as may be provided by rules by the State

Government in the respective vernacular language, apart from Hindi and English. It further

provides that the State Government shall publish the criteria for categorisation for the purposes

of identification of non-mechanically propelled inland vessels to be enrolled and the enrolled

non-mechanically propelled inland vessels shall only be entitled for the benefits and

preferential treatment. It also provides for recording of the details of the enrolled vessels in

the registry of enrolment, maintenance of collated list of enrolled vessels by the office of

District Magistrate or the officer appointed or authorised for such purpose, maintenance by

the State Government a central data base to record the details of the enrolled non-mechanically

propelled inland vessel and the reporting of any change to the registry of enrolment and

bringing out such changes in every registers maintained by the respective authorities including

the central data base maintained by the State Government.

Clause 93 of the Bill seeks to provide for certificate of enrolment and marking of vessel.

It provides that the officer of the authorised department appointed or authorised to maintain

the registry shall issue a certificate of enrolment to the non-mechanically propelled inland

vessel that has enrolled in the registry of enrolment and the form, and manner of issuing the

certificate shall be provided by rules by the State Government. It further provides that

certain matters are specified in the said clause which shall be included in the certificate. It

also provides that the enrolled non-mechanically propelled inland vessel to be issued a

unique number by the authorised department for the purpose of identification of enrolment

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and exhibition of such number on a conspicuous part of the non-mechanically propelled

inland vessel.

Clause 94 of the Bill seeks to provide for standards of construction and safety of

non-mechanically propelled vessels. It provides that the basic minimum standards, standards

of construction, minimum safety gears and equipment, standards of overhauling, modifying,

altering or refitting shall be specified and provided by rules by the State Government and the

enrolled non-mechanically propelled inland vessels shall comply with the stipulated safety

standards. It further empowers the State Government to specify the routes, areas or stretch

of inland waters that are prohibited from being used or subject to such terms and conditions

for the navigation of such vessels to ensure safe navigation.

Clause 95 of the Bill seeks to provide for power of the State Government to make rules

to regulate non-mechanically propelled inland vessels. It empowers the State Government to

make rules to regulate non-mechanically propelled inland vessels for prevention and

minimising pollution caused by such vessels, removal of obstructions to safe navigation,

rules to be adopted to avert accidents and casualty and any other measures deemed fit for

implementing the provisions of Chapter XVII.

Clause 96 of the Bill seeks to provide for constitution of welfare fund. It provides for

constitution of welfare fund at the district level by the State Government to assist the

enrolled non-mechanically propelled inland vessels and further provides that the appointed

officer, or the authorised officer, to be in-charge of such fund shall, with the written prior

approval of the State Government or such other authority appointed for said purpose, utilise

the fund for the purposes specified in the clause.

Clause 97 of the Bill seeks to provide for desertion and absence without leave. It

provides that no person employed or engaged in any capacity on board a mechanically

propelled vessel shall neglect or refuse without reasonable cause, to join the vessel or to

proceed on any voyage in the vessel, to absent from the vessel or from his duty without

leave and without sufficient cause, to desert from the vessel and to fail to act or behave with

discipline befitting his duty and mandate.

Clause 98 of the Bill seeks to provide for general powers of the Central Government to

make rules. It, inter alia, empowers the Central Government to make rules for implementation

of standards for use of special category of vessels within inland waterways; providing the

requirements and standards for river information services, vessel traffic and transport

management, safety and information services, vessel tracing and tracking information, to

tackle calamities and for measures to control any epidemic or disease of contagious nature.

It further provides for enforcing standards to avoid and tackle pollution arising in inland

waterways; exempt, include or extend the application of any all the provisions of the proposed

enactment to a registered vessel and any other matter deemed fit for proper implementation

and for the purpose of ensuring safe navigation, safety of life. It also empowers the Central

Government or the State Government to authorise or appoint officers for the purpose of

administration of the notifications mentioned therein.

Clause 99 of the Bill seeks to provide for emergency preparedness. It provides for

appointment or authorisation of advisory committee or officer by the State Government for

taking adequate measures to minimise or counter emergency and specifies regarding

information or report to be given in respect of crisis by owner, operator, master, crew or any

other person connected with inland vessel to the advisory committee or officer and such

committee or officer on receiving such information or direction by the Central Government or

the State Government or on their own initiative, adopt feasible measures to minimise or

counter such emergency. It also provides that the advisory committee shall request the navy,

coast guard, any other emergency force or any inland vessel available for necessary

assistance. It further provides that the mechanically propelled inland vessel directed or

acting voluntarily in rendering assistance shall not be bound by the provisions of the

proposed enactment and the rules made thereunder. It also provides for report to the advisory

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[PART II—

committee or officer by the mechanically propelled inland vessel acting voluntarily, for the

purpose of saving life or vessel or providing basic amenities, regarding the presence and

reasons for the acts in writing and the advisory committee or officer shall disburse all basic

amenities necessary and essential, as it may deem fit, to the persons or vessels affected by

emergency and the advisory committee or officer shall report the Central Government or the

State Government as specified therein.

Clause 100 of the Bill seeks to provide for removal of lawful obstruction. It provides

for the authorised officer to report the lawful obstruction or impediment to the navigation on

any inland water to the State Government and with the sanction of State Government, cause

the same to be removed or altered. It further provides for making reasonable compensation to

the person suffering damage by such removal or alteration and any dispute arising out of or

concerning such compensation shall be determined according to the provisions of the

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

Clause 101 of the Bill seeks to provide for validity of certificates issued under laws

other than the proposed legislation. It provides that every certificate issued in respect of any

person or vessel under laws other than the proposed legislation shall be valid and effective

as a certificate issued under the proposed legislation and the relevant provisions of the

proposed legislation shall apply in relation to such persons or vessel as they apply to any

person who has been issued with a certificate under Chapter VI or any registered mechanically

propelled vessel. It also empowers the State Government to impose additional conditions

and requirements for the purpose of recognition of such certificate.

Clause 102 of the Bill seeks to provide for obstruction to officer appointed or authorised.

It provides that no person shall obstruct or attempt to cause obstruction to the authority or

officer in exercise of his functions and powers or in the discharging of his duties imposed by

or under the proposed legislation and as specified in the said clause.

Clause 103 of the Bill seeks to provide for place of trial. It provides that the place of trial

of the offences under the proposed legislation shall be the place where the offender may be

found or at the place of occurrence at the place in the State where the offence has been

committed or a place which the Central Government or the State Government, may specify in

this behalf or any other place in which the offender might be tried under any other enactment

for the time being in force.

Clause 104 of the Bill seeks to provide for composition of offences. It provides that the

offences other than that punishable with imprisonment or imprisonment with fine to be

compounded by competent authority on application of the accused person. In the event,

matter referred to the court, compounded by competent authority with the permission of

such court. It further provides that the competent authority shall exercise the powers to

compound an offence, subject to the direction, control and supervision of the appropriate

Government. The application for the compounding of offence shall be in such manner as may

be provided by rules. It also provides that prosecution shall not to be instituted for

compounded offence and competent authority making composition of any offence after the

institution of any prosecution shall give in writing to the notice of court in which prosecution

is pending and on such notice of composition, the accused person shall to be discharged. It

also provides for additional fine to be paid as specified therein in case of non-compliance of

order made by the competent authority.

Clause 105 of the Bill seeks to provide for appeal. It provides that any person who is

aggrieved by an order made by the officers or authorities under the proposed legislation may

appeal to the State Government against, refusal, suspension, cancellation, detention, removal

or such order issued under the proposed legislation, within thirty days from the receipt of the

order and specify the procedure and disposal of the appeal by the State Government.

Clause 106 of the Bill seeks to provide for power of the Central Government to make

rules. It empowers the Central Government to make rules in respect of the matters specified

SEC. 2]

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in sub-clause (2) of the said clause, subject to the condition of previous publication, for the

purposes of effective implementation of the provisions of the proposed legislation. It also

provides for an inclusive provision, covering the powers of Central Government to make

rules.

Clause 107 of the Bill seeks to provide for power of the State Government to make

rules. It empowers the State Government to make rules after previous publication, for

provisions specified to be administered by it under the proposed legislation or delegated to

it by the Central Government rules, in respect of the matters specified in sub-clause (2) of the

said clause, for the effective implementation of the provisions under the proposed legislation.

It also provides for an inclusive provision covering the powers of State Government to make

rules.

Clause 108 of the Bill seeks to provide for power of the Central Government to give

directions. It empowers the Central Government to give directions to the State Governments

for carrying into execution of the proposed legislation in the State which shall be abided by

the State Government.

Clause 109 of the Bill seeks to provide for protection of action taken in good faith. It

provides for protection to any person or officers authorised or appointed under the proposed

legislation against any suit, prosecution or other legal proceeding for anything done or

intended to be done in good faith under the proposed legislation and for claiming immunity

such officer shall perform and carry out the respective functions and responsibilities, with

utmost care and due diligence.

Clause 110 of the Bill seeks to provide for power to remove difficulties. It provides that

if any difficulty arises in giving effect to the provisions of the proposed legislation, the

Central Government may, by order, published in the Official Gazette, make such provisions,

not inconsistent with the provisions of the proposed legislation, as appears to it to be

necessary or expedient for removing difficulty. It further provides that no such order shall be

made after expiry of three years and that every such order made shall, as soon as possible, be

laid before each House of Parliament.

Clause 111 of the Bill seeks to provide for consistency with other laws. It provides that

the provisions of the proposed legislation shall be in addition to, and construed as consistent

and not in derogation of the provisions other laws and in case of conflict, the provisions of

the proposed legislation shall prevail to the extent of such conflict.

Clause 112 of the Bill seeks to provide for suspension or alteration of application and

operation of the proposed legislation. It empowers the Central Government to declare by

notification that any provisions of the proposed legislation other than those provided for

safety, manning and prevention of pollution, be not applicable to any specified class or

category of vessels or applicable with such modifications and to suspend or relax to a

specified extent either indefinitely or for such period as specified, the operation of all or any

provisions of the proposed legislation.

Clause 113 of the Bill seeks to provide for laying of rules and notifications. It provides

that every rule made or notification issued by the Central Government under the proposed

legislation, shall be laid, as soon as may be after it is made or issued, before each House of

Parliament. It also provides that every rule made or notification issued under the proposed

legislation by the State Government shall, as soon as after it is made or issued, be laid before

the State Legislature.

Clause 114 of the Bill seeks to provide for repeal and savings. It provides for the repeal

of the Inland Vessels Act, 1917 with certain savings as specified in the said clause without

prejudice to or without affecting the general application of section 6 of the General Clauses

Act, 1897.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (1) of clause 98 of the Bill empowers the Central Government to make rules

for—

(a) implementation of standards for the use of special category of vessels within

inland waterways;

(b) providing the requirements and standards of—

(i) river information services;

(ii) vessel traffic and transport management, safety and information

services;

(iii) vessel tracing and tracking information;

(iv) to tackle calamities and furtherance of emergency preparedness;

(v) to quarantine the vessels and to adopt such other measures to

effectively control any epidemic or disease of contagious nature;

(d) exemption, inclusion or extension of the application of any or all the provisions

of this Act to any vessel registered, recognised or identified and intended to ply, or

plying in the inland waters; and

(e) any other matter as it may deem fit and necessary in the proper implementation

of this Act for the purpose of ensuring safe navigation, safety of life and prevention of

pollution caused by inland vessel.

2. Sub-clause (1) of clause 106 of the Bill empowers the Central Government to make

rules for the purposes of the effective implementation of the provisions of the proposed

legislation, subject to the condition of previous publication, for carrying out the provisions

of the proposed legislation. Sub-clause (2) specifies the matters in respect of which such

rules may be made. These matters, inter alia, include—

(a) the centralised record to be maintained in e-portal, for recording the data and

details of vessel, vessel registration, crew, manning, certificates issued, reception

facilities and such other data to be recorded under sub-clause (f) of clause 3; (b) the

requirements for compliance to be specified in a cover note for the purpose of issuance

of certificate of insurance under sub clause (g) of clause 3; (c) the procedure to be laid

down and rates to be specified so as to calculate the rate of extent of liability within

which the owner or such other persons entitled under this Act, may limit the liability or

be permitted to limit or cap the liability arising out of claims under sub-clause (t) of

clause 3; (d) the standard and number of persons required for safe manning and

navigation of vessels under sub-clause (z) of clause 3; (e) the classification, criteria for

such classification and standards of design, construction, fitness and crew

accommodation to classify or categorise any mechanically propelled inland vessel

under sub-clause (1) of clause 7; (f) the manner of carrying out construction and any

alteration or modification of mechanically propelled inland vessels with the prior

approval of design from the designated authority under clause 8; (g) the standards for

type and periodicity of surveys for all mechanically propelled inland vessels, which

are newly constructed and already in service under sub-clause (1) and the form and

content of request for survey to be submitted by the applicant under sub-clause (2), of

clause 9; (h) the minimum criteria and qualifications for the appointment of surveyors,

which the State Governments shall adopt in the appointment of surveyors under

clause 10; (i) the form of application for conducting survey to be submitted by owners,

masters or construction yard under sub-clause (1) of clause 11; (j) the form and contents

of the declaration of survey of a mechanically propelled inland vessel and the time

period for which such certificate shall be valid, under sub-clause (1) of clause 12;

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[PART II—

(k) the form of the certificate of survey including any particulars or terms and conditions

under sub-clause (3) of clause 12; (l) the form of provisional certificate of survey and

the period of validity provided under sub-clause (1) of clause 13; (m) the terms and

conditions to be complied with for permitting any mechanically propelled vessels

registered under such laws of countries other than India; which shall only be permitted

to ply within the inland waters under item (c) of sub-clause (2) of clause 18; (n) the

form, contents or particulars of the book of registry as provided under sub-clause (1)

of clause 21; (o) the form and manner for maintenance of central data base for inland

vessels by the officers appointed by the Central Government under clause 22; (p) the

functions to be performed by the officers appointed by the Central Government under

clause 22; (q) the form and manner of making application for registration of a mechanically

propelled inland vessel and the particulars along with which such application is to be

made under sub-clause (1) of clause 23; (r) the list of documents to be submitted or

adduced by the applicants for registration under sub-clause (2) of clause 23; (s) the

form and content of certificate of registration under sub-clause (2) of clause 24; (t) the

form of application, fee and the manner of issuance of provisional certificate of

registration under sub-clause (2) of clause 27; (u) the procedures to be complied with

by the owner of any mechanically propelled inland vessel who ceases to be the owner

or applies for the requirement of transfer of registry or any such circumstances leading

to change of the registered address under sub-clause (2) of clause 29; (v) the procedures

for validating the transfer of mechanically propelled inland vessel from India to outside

India under clause 30; (w) the time within which the owner of the mechanically propelled

inland vessel shall report to the Registrar of Inland Vessels of the place where such

vessel is registered, if that vessel is declared missing, destroyed, lost, abandoned or

has been rendered permanently unfit for service or destined for scrapping or dismantling

or sold abroad; (x) the form of instrument creating the security for a mortgage for a loan

or other valuable consideration under sub-clause (1) of clause 33; (y) the manner and

conditions governing mortgage and its procedures under sub-clause (2) of clause 33;

(z) the standards for qualification, training, training institute, examination and grant of

competency certificates under sub-clause (1) of clause 34; (za) the minimum manning

scale applicable to different class or category of mechanically propelled inland vessels,

categorised under proposed Act or such other laws for the time being in force in India

under clause 35; (zb)the criteria and qualifications for appointment of examiners under

sub-clause (1) of clause 36; (zc) the form, contents and particulars of certificate of

competency specified under sub-clause (3) of clause 37; (zd) the period of validity of

certificate of service issued under sub-clause (1) of clause 38; (ze) the form of certificate

of service and the conditions subject to which such certificate is issued under

sub-clause (4) of clause 38; (zf) the conditions subject to which the certificate of

competency shall be valid throughout India under clause 39; (zg) the intervals and

manner in which the State Government shall report and update the Central Government

with the information on data and details of certificates issued, granted, cancelled or

suspended or such other remarks, made by the respective authority under

sub-clause (2) of clause 41; (zh) the criteria and standards to identify any class or

category of mechanically propelled inland vessels as special category vessels based

on their design, construction, use, purpose, area of plying, source of energy or fuelling

or any other criteria under sub-clause (1) of clause 42; (zi) the requirements of

construction, design, survey, registration, manning, qualification, competency, or the

requirements in addition to those contained elsewhere in proposed Act under

sub-clause (2) of clause 42; (zj) the specifications and requirements of signals and

equipment based on classification and categorisation of mechanically propelled vessels,

to be complied with by such vessels under sub-clause (1) of clause 47; (zk) the fog and

distress signals to be carried and used, the steering and sailing rules to be complied

with and the different protocols for exhibition and display of different standards of

lights, shapes and signals, by any mechanically propelled vessel plying in inland

waters under sub-clause (2) of clause 47; (zl) the class or category of mechanically

SEC. 2]

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propelled inland vessels to be equipped with navigation aids, life saving appliances,

fire detection and extinguishing appliances and communication appliances under

sub-clause (1) of clause 51; (zm) the standards to be followed by the owner or master

of any mechanically propelled inland vessel and the manner for discharge or dispose

of sewage and garbage under sub-clause (2) of clause 52; (zn) the standards of

construction and equipment of the mechanically propelled inland vessels to ensure

compliance with the requirements of the provisions of Chapter IX under sub-clause

(1) of clause 53; (zo) the form, validity and content of prevention of pollution certificate

under sub-clause (3) of clause 53; (zp) the conditions for construction, use and

maintenance of reception facilities for the containment of pollution and removal of

pollutants arising from spillage or discharge arising from mechanically propelled inland

vessels at all cargo terminals or passenger terminals under sub-clause (1) of clause 54;

(zq) the purposes for Chapter X as specified in sub-clauses (a) to (g) of clause 59;

(zr) the limits of liability and the criteria in determining compensation for any claim

specified in sub-clause (5) of clause 64; (zs) the form, content, and the conditions

subject to which a certificate of insurance is issued by the insurer to the insured under

item (c) of sub-clause (1) of clause 68; (zt) the terms and conditions to be incorporated

in the contract of insurance entered between insurer and insured to cover the risks, as

provided in clause 66, under sub-clause (2) of clause 68; (zu) the terms, conditions and

procedures to be complied with by insurers and insured including those specified in

sub clauses (a) to (h) therein, under clause 73; (zv) minimum standards, terms and

conditions to protect the interests and to ensure safety of service providers and

service users under clause 80; (zw) the conditions for carrying the list of dangerous

goods under clause 81; (zx) the terms and conditions subject to which permission of

the Central Government is granted for use or employment of a vessel, registered in any

country other than India, for the purposes of, carriage of goods, transportation of

passengers, storage units, accommodation, floating units or for such other purposes

within the inland waters under sub-clause (1) of clause 82; (zy) the fees for grant of a

certificate or license under this Act similar to any certificate granted by any other

foreign country in accordance with the provisions of any law for the time being in force

in that country under sub-clause (2) of clause 82; (zz) the period and extent of validity

of certificate granted under sub-clause (2) of clause 82, as specified in sub-clause (3) of

the said clause; and (zza) any other matter which is required to be, or may be, prescribed

under the provisions of the proposed legislation for the purpose of implementation

and administration of such provisions.

3. Sub- clause (1) of clause 107 of the Bill empowers the State Government, after

previous publication, to make rules for the provisions specified to be administered by it

under the proposed legislation or as delegated to it by the Central Government for the

purposes of effective implementation of the provisions of the proposed legislation.

Sub-clause (2) specifies the matters in respect of which such rules may be made. These

matters, inter alia, include—

(a) the requirements for the appointment of qualified persons as pilots under

sub clause (zk) of clause 3; (b) the fee for issuance of certificate of survey under

sub-clause (2) of clause 12; (c) the manner and conditions subject to which any

mechanically propelled inland vessel, which has been issued with a provisional

certificate of survey or endorsement may proceed on voyage or use in service,

temporarily, pending the issue of certificate of survey under sub-clause (2) of clause

13; (d) the manner of issue the notice of suspension of certificate of survey to the

owner, operator, master, or construction yard under sub-clause (2) of clause 15; (e) the

functions to be performed by the Registrar of Inland Vessels in respect to the port or

place of registry for which he is appointed under sub-clause (2) of clause 20; (f) the

manner and period in which the Registrar of Inland Vessels shall report the details of

the book of registry or entries made therein, to the State Government at regular intervals,

under sub-clause (2) of clause 21; (g) the fee for granting the certificate of registration

to the applicant under sub-clause (1) of clause 24; (h) other particulars to be contained

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[PART II—

in the certificate of registration under item (e) of sub-clause (2) of clause 24; (i) the

conspicuous part of the vessel where the owner shall display the official number under

sub-clause (3) of clause 24; (j) the form and manner in which the registered owner shall

apply for a duplicate certificate to the Registrar of Inland Vessels under sub-clause (1)

of clause 26; (k) the fees or additional fees for applying for a duplicate certificate to the

Registrar of Inland Vessels under sub-clause (2) of clause 26; (l) the form, manner and

period within which the owner, operator or master of the mechanically propelled inland

vessel shall make an application, for entry of alterations or modifications made, in the

certificate of registration, under sub-clause (1) of clause 28; (m) the fee for applying

to the Registrar of Inland Vessels for registration of alterations under sub-clause (2) of

clause 28; (n) the conditions to be complied with and the period for such compliance to

be stated in the notice of suspension issued by the Registrar of Inland Vessels under

sub-clause (4) of clause 31; (o) the form and manner for maintenance of registers to

record, the details and data of the certificate, and the certificates specified therein,

under sub-clause (1) of clause 41; (p) the form of application, form of certificate of

fitness and such other conditions including validity subject to which and the manner

of granting the certificate of fitness under sub-clause (2) of clause 43; (q) the safety

features, gears and such other measures by which any mechanically propelled inland

vessel, identified as special category vessel, shall comply with and be equipped in

accordance with the categorisation of such vessel, under sub-clause (1) of clause 44;

(r) the maximum carrying capacity of the vessel identified as special category vessel

by specifying the safety waterline or the limits of load water line to keep them afloat, or

such other criteria and conditions, for the safe voyage of such inland vessel under

sub-clause (2) of clause 44; (s) the rates of charges to be received by the owner or

operator of all cargo terminals or passenger terminals, providing reception facilities

shall receive charges under sub-clause (3) of clause 54; (t) the form of report of

compliance to be submitted by the owner or operator of the passenger or cargo terminal

under sub-clause (5) of clause 54; (u) the manner in which the owner, operator or

master of any mechanically propelled vessel used or plying within inland waters, shall

discharge the pollutants at the port reception facilities under sub-clause (6) of

clause 54; (v) the procedure for detaining any mechanically propelled inland vessel in

connection with a claim, or an offence under clause 63; (w) form and manner of giving

information of any wreck, abandonment, damage, casualty, accident, explosion or loss

occurred to or on board such a vessel while in the inland waters, to the officer

in-charge of the nearest police station and to the designated authority appointed

under sub-clause (2) of clause 74; (x) the powers of the District Magistrate and the

procedures to be followed in holding inquiry under sub-clause (3) of clause 75; (y) the

qualifications, criteria and consideration, fees or charges for the assessors, who have

experience in the merchant service or in the navigation of the mechanically propelled

inland vessels under sub-clause (2) of clause 76; (z) the procedures for detention,

formality, fees and conditions, if not specified in the proposed legislation, to be followed

and observed by the concerned officer or authority or court, appointed or authorised

or constituted under the proposed legislation, for the purpose of detaining a vessel,

under sub-clause (4) of clause 85; (za) the rates of fees and additional fees to be

charged for the services provided under the proposed legislation, and any other charges

or payment made to it against penalties of pecuniary nature to be collected by the State

Government, and the intervals at which such fees, charges or penalties shall be collected,

under sub-clause (1) of clause 89; (zb) the procedures, forms and format of receipts,

maintenance of accounts and any other matter that is necessary for the purpose of the

remittance, collection, accounts and accountability of collected fees, additional fees,

charges or payment against penalties of pecuniary nature under sub-clause (3) of

clause 89; (zc) the manner and rates of fees or additional fees the owner, operators or

their representatives, as the case may be, shall remit under sub-clause (4) of clause 89;

(zd) the hierarchy of the offices of the authorised department and the powers and

functions to be exercised by such offices under sub-clause (3) of clause 91; (ze) the

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

authority and obligation to administer the welfare fund constituted for the purposes of

Chapter XVII under item (c) of sub-clause (3) of clause 91; (zf) such other details to be

submitted by the owner or operator of non-mechanically propelled inland vessel at the

office of the authorised department and the form and manner of making such

submission, under sub-clause (1) of clause 92; (zg) the form and manner of central data

base to record the details of non-mechanically propelled inland vessels under sub-

clause (6) of clause 92; (zh) the form and manner of issuance of certificate of enrolment

and such other document containing details of the owner, to be specified in the said

certificate under sub-clause (2) of clause 93; (zi) the form and manner of exhibiting a

number issued to a non-mechanically propelled inland vessel under sub-clause (4) of

clause 93; (zj) the basic minimum standards that may be reasonably observed during

the construction of any non-mechanically propelled inland vessel under sub-clause

(1) of clause 94; (zk) the manner of complying with the standards of construction

specified by the State Government, by any class or category of non-mechanically

propelled inland vessel under sub-clause (2) of clause 94; (zl) the measures to regulate

the non-mechanically propelled inland vessel under clause 95; (zm) the measures to be

taken by the advisory committee or officers authorised in this behalf to minimise or

counter emergency under sub-clause (1) of clause 99; (zn) for the purposes of

implementation and administration of Chapter XVII of the proposed legislation,

pertaining to non-mechanically propelled inland vessels; and (zo) any other matter

which is required to be, or may be, prescribed under the provisions of the proposed

legislation.

4. Sub-clause (1) of clause 113 provides that every rule made under the proposed

legislation is required to be laid before each House of Parliament and sub-clause (2) of the

said clause provides that every rule made by the State Government is required to be laid

before the State Legislature.

5. The matters in respect of which rules may be made are matters of procedure or

administrative detail and it is not practicable to provide for them in the Bill itself. The delegation

of legislative power is, therefore, of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

2. (1) In this Act, unless the context otherwise requires,—

(a) "essential defence services" means—

(i) any service in any establishment or undertaking dealing with

production of goods or equipment required for any purpose connected with

defence;

(ii) any service in any establishment of, or connected with, the armed

forces of the Union or in any other establishment or installation connected with

defence;

(iii) any service in any section of any establishment connected with

defence, on the working of which the safety of such establishment or employee

employed therein depends;

(iv) any other service, as the Central Government may, by notification in

the Official Gazette, declare to be essential defence services, the cessation of

work of which would prejudicially affect the—

(I) production of defence equipment or goods; or

(II) operation or maintenance of any industrial establishment or unit

engaged in production of goods or equipment required for any purpose

connected with defence; or

(III) repair or maintenance of products connected with defence;

(b) "strike" means the cessation of work, go-slow, sit down, stay-in, token strike,

sympathetic strike or mass casual leave, by a body of persons engaged in the essential

defence services, acting in combination or a concerted refusal or a refusal under a

common understanding of any number of persons who are or have been so engaged

to continue to work or to accept employment, and includes—

(i) refusal to work overtime, where such work is necessary for the

maintenance of the essential defence services;

(ii) any other conduct which is likely to result in, or results in, cessation or

retardation or disruption of work in the essential defence services.

(2) Words and expressions used herein and not defined but defined in the Industrial

Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act.

3. (1) If the Central Government is satisfied that in the—

(a) public interest; or

(b) interest of the sovereignty and integrity of India; or

(d) public order; or

(e) decency; or

(f) morality,

it is necessary or expedient so to do, it may, by general or special order, prohibit strikes in the

essential defence services.

(2) An order made under sub-section (1) shall be published in such manner as the

Central Government may deem fit to bring it to the notice of the persons affected by such

order.

(3) An order made under sub-section (1) shall be in force for six months, but the Central

Government may, by a like order, extend it for any period not exceeding six months, if it is

satisfied that in the public interest it is necessary or expedient so to do.

Definitions.

Power to

prohibit

strikes in

essential

defence

services.

14 of 1947.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(4) Upon the issue of an order made under sub-section (1)—

(a) no person engaged in the essential defence services shall go or remain on

strike;

(b) any strike declared or commenced, whether before or after the issue of such

order, by persons engaged or employed in such services shall be illegal.

4. Where any order has been issued under sub-section (1) of section 3, any police

officer may take all such measures as such officer may deem fit including the use of police

force, if he considers necessary, to remove any person, whose presence in any area

connected with the—

(a) defence equipment production services; or

(b) operation or maintenance of any industrial establishment or unit engaged in

production or manufacturing of goods or equipment required for any purpose connected

with defence; or

would be prejudicial to the functioning, safety or maintenance of the essential defence

services.

5. (1) Any person—

(a) who commences a strike which is illegal under this Act or goes or remains on,

otherwise takes part in, any such strike; or

(b) who instigates or incites other persons to commence, or go or remain on, or

otherwise take part in, any such strike,

shall be liable to disciplinary action (including dismissal) in accordance with the same

provisions as are applicable for the purpose of taking such disciplinary action (including

dismissal) on any other ground under the terms and conditions of service applicable to him

in relation to his employment.

(2) Notwithstanding anything contained in any other law for the time being in force or

under the terms and conditions of service applicable to any person employed in the

essential defence services, before dismissing any person under sub-section (1), no

inquiry shall be necessary if the authority empowered to dismiss or remove such person is

satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably

practicable to hold such inquiry.

6. Any person, who commences a strike which is illegal under this Act or goes or

remains on, or otherwise takes part in, any such strike, shall be punishable with

imprisonment for a term which may extend to one year or with fine which may extend to ten

thousand rupees, or with both.

7. Any person, who instigates or incites other persons to take part in, or otherwise

acts in furtherance of, a strike which is illegal under this Act, shall be punishable with

imprisonment for a term which may extend to two years, or with fine which may extend to

fifteen thousand rupees, or with both.

8. Any person, who knowingly expends or supplies any money in furtherance or

support of a strike which is illegal under this Act, shall be punishable with imprisonment for

a term which may extend to two years, or with fine which may extend to fifteen thousand

rupees, or with both.

9. (1) If the Central Government is satisfied that in the—

(a) public interest; or

(b) interest of the sovereignty and integrity of India; or

Removal

persons.

Dismissal of

employees

participating

in illegal

strikes.

Penalty

for

illegal strikes.

Penalty for

instigation,

etc.

Penalty for

giving

financial aid

to illegal

strikes.

Power to

prohibit lock-

outs in any

industrial

establishment or

unit engaged in

essential defence

services.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) public order; or

(e) decency; or

(f) morality,

it is necessary or expedient so to do, it may by general or special order, prohibit lock-outs

in the industrial establishments or units engaged in the essential defence services.

(2) An order made under sub-section (1) shall be published in such manner as the

Central Government may deem fit to bring it to the notice of the persons affected by such

order.

(3) An order made under sub-section (1) shall be in force for six months, but the

Central Government may, by a like order extend it for any period not exceeding six months,

if it is satisfied that in the public interest it is necessary so to do.

(4) Upon the issue of an order under sub-section (1),—

(a) no employer engaged in the essential defence services shall commence

any lock-out; and

(b) any lock-out declared or commenced, whether before or after the issue of

such order, by any employer engaged in the essential defence services shall be

illegal.

(5) Any employer of an industrial establishment or unit engaged in the essential

defence services, who commences, continues, or otherwise acts in furtherance of a

lock-out which is illegal under this section, shall be punishable with imprisonment

for a term which may extend to one year or with fine which may extend to ten thousand

rupees, or with both.

10. (1) If the Central Government is satisfied that in the—

(a) public interest; or

(b) interest of the sovereignty and integrity of India; or

(d) public order; or

(e) decency; or

(f) morality,

it is necessary or expedient so to do, it may, by general or special order, prohibit lay-off,

on any ground other than shortage of power or natural calamity, of any workman (other

than a badli workman or a casual workman) whose name is borne on the muster rolls of

any industrial establishment or unit engaged in the essential defence services.

(2) An order made under sub-section (1) shall be published in such manner as the

Central Government may deem fit to bring it to the notice of the persons affected by the

order.

(3) An order made under sub-section (1) shall be in force for six months, but the

Central Government may, by a like order, extend it for any period not exceeding six months,

if it is satisfied that in the public interest it is necessary or expedient so to do.

(4) Upon the issue of an order under sub-section (1),—

(a) no employer in relation to an establishment to which such order applies

shall lay-off or continue the lay-off any workman (other than a badli workman or a

casual workman) whose name is borne on the muster rolls of any industrial

establishment or unit engaged in the essential defence services, unless such lay-off is

Power to

prohibit lay-

off in any

industrial

establishment

or unit

engaged in

essential

defence

services.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

due to shortage of power or natural calamity, and any laying-off or continuation

of laying-off shall, unless such laying-off or continuation of laying-off is due to

shortage of power or natural calamity, be illegal;

(b) a workman whose laying-off is illegal under clause (a) shall be entitled to

all the benefits under any law for the time being in force as if he had not been laid-off.

(5) Any employer, of an industrial establishment or unit engaged in the essential

defence services, who lays-off or continues the laying-off of any workman shall, if such

laying-off or continuation of laying-off is illegal under this section, be punishable with

imprisonment for a term which may extend to one year or with fine which may extend to ten

thousand rupees, or with both.

11. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any

police officer may arrest without warrant any person who is reasonably suspected to have

committed any offence under this Act.

12. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all

offences under this Act shall be tried in a summary way by any Metropolitan Magistrate or

any Judicial Magistrate of the first class, specially empowered in this behalf by the State

Government and the provisions of sections 262 to 265 (inclusive) of the said Code shall, as

far as may be, apply to such trial:

Provided that in a case of conviction for any offence in a summary trial under this

section, it shall be lawful for such Magistrate to pass a sentence of imprisonment for any

term for which such offence is punishable under this Act.

13. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all

offences punishable under this Act shall be cognizable and non-bailable.

14. Any reference in this Act to any law which is not in force in any area and to any

authority under such law shall, in relation to that area, be construed as a reference to the

corresponding law in force in that area and to the corresponding authority under such

corresponding law.

15. No suit, prosecution or other legal proceedings shall lie against the Central

Government or any officer for anything which is in good faith done or intended to be done

under this Act.

16. The provisions of this Act and of any order issued thereunder shall have effect

notwithstanding anything inconsistent therewith contained in the Industrial Disputes

Act, 1947, or in any other law for the time being in force.

17. In the Industrial Disputes Act, 1947, in section 2, in clause (n), in sub-clause (ia),

for the words "or dock", the words "or dock or any industrial establishment or unit engaged

in essential defence services" shall be substituted.

18. Every notification issued under this Act shall be laid, as soon as may be after it is

made or issued, 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 such notification or

both Houses agree that the notification should not be issued, 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 that notification.

19. (1) The Essential Defence Services Ordinance, 2021is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions

of the said Ordinance, shall be deemed to have been done or taken under the corresponding

provisions of this Act.

Power to

arrest without

warrant.

Offences to be

tried

summarily.

Cognizance of

offences.

Reference of

other laws in

certain areas.

Protection of

action taken

in good faith.

Act to

override other

laws.

Amendment

of Act 14 of

1947.

Laying of

notifications

before

Parliament.

Repeal and

savings.

2 of 1974.

14 of 1947.

Ord. 7 of

2021.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Indian Ordnance Factories is the oldest and largest industrial setup which

functions under the Department of Defence Production of the Ministry of Defence. The

ordnance factories form an integrated base for indigenous production of defence

hardware and equipment, with the primary objective of self reliance in equipping the

armed forces with state of the art battlefield equipments. In order to improve autonomy,

accountability and efficiency in ordnance supplies, the Government decided to convert

the Ordnance Factory Board into one or more one hundred per cent. Government owned

corporate entity or entities to be registered under the provisions of the Companies Act,

2013.

2. Against the said decision, the recognised federations of the employees gave a

notice for an indefinite strike. The conciliation proceedings initiated by the Government

at the level of Chief Labour Commissioner failed in the meeting held on the 15th June,

2021. On the 16th June, 2021, the Government decided to convert the Ordnance Factory

Board into seven Defence Public Sector Undertakings.

3. In spite of the Government's assurance to take care of the conditions of service

of the employees of the Ordnance Factory Board, the recognised federations of the

employees have reiterated their intention to go on indefinite strike from 26th July, 2021.

4. Since, it is essential that an uninterrupted supply of ordnance items to the

armed forces be maintained for the defence preparedness of the country and the ordnance

factories continue to function without any disruptions, especially in view of the

prevailing situation on the northern front of the country, it was felt necessary that the

Government should have power to meet the emergency created by such attempts and

ensure the maintenance of essential defence services in all establishments connected

with defence, in public interest or interest of the sovereignty and integrity of India or

security of any State or decency or morality.

5. As Parliament was not in session and urgent legislation was required to be

made, the President promulgated the Essential Defence Services Ordinance, 2021 on

the 30th June, 2021, which, inter alia, provides for the following, namely:—

(a) to define the expressions "essential defence services" and "strike";

(b) to empower the Central Government to prohibit strike in essential defence

services;

participating in strike;

(d) to provide for penalties for illegal strikes, instigation thereof and

providing for financial aid to such illegal strikes;

(e) confer power on any police officer to arrest without warrant any person

who is reasonably suspected to have committed any offence under the proposed

legislation.

6. The Essential Defence Services Bill, 2021 seeks to replace the aforesaid

Ordinance.

NEW DELHI; RAJNATH SINGH.

The 13th July, 2021.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (1) of clause 2 of the Bill empowers the Central Government to declare,

by notification in the Official Gazette, any other service other than those specified in

the said sub-clause to be essential defence services, the cessation of work of which

would prejudicially affect the production of defence equipment or goods; or the operation

or maintenance of any industrial establishment or unit engaged in production of goods

or equipment required for any purpose connected with defence; or repair or maintenance

of products connected with defence.

2. Sub-clause (1) of clause 3 of the Bill empowers the Central Government to

prohibit strikes in the essential defence services by general or special order, if it is

satisfied that in the public interest; or interest of the sovereignty and integrity of

India; or security of any State; or public order; or decency; or morality, it is necessary

or expedient so to do.

3. Sub-clause (1) of clause 9 of the Bill empowers the Central Government to

prohibit lock-outs in any industrial establishment or unit engaged in essential defence

services by general or special order, if it is satisfied that in the public interest; or

interest of the sovereignty and integrity of India; or security of any State; or public

order; or decency; or morality, it is necessary or expedient so to do.

4. Sub-clause (1) of clause 10 of the Bill empowers the Central Government to

prohibit lay-off on any ground other than shortage of power or natural calamity, of

any workman (other than a badli workman or a casual workman) whose name is

borne on the muster rolls of any industrial establishment or unit engaged in the

essential defence services, by general or special order, if it is satisfied that in the public

interest; or interest of the sovereignty and integrity of India; or security of any State;

or public order; or decency; or morality, it is necessary or expedient so to do.

5. The matters in respect of which the aforementioned notification or orders may

be issued are matters of procedure and administrative detail, and as such, it is not

practicable to provide for them in the proposed Bill itself. The delegation of legislative

power is, therefore, of a normal character.

————

UTPAL KUMAR SINGH

Secretary General

MGIPMRND—401GI(S3)—22-07-2021.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II— SEC. 2]

JAGANATHA

N ANANTHA

KUMAR

Digitally signed by

JAGANATHAN

ANANTHA KUMAR

Date: 2021.07.23

02:10:08 +05'30'