REGISTERED No. D- (D) -72 रजिस्ट्री स ० डी (डी) 73
।
GOVI L भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
मई विल्ली, बुधवार , विसम्बर 7, 1977/ श्रप्रहायण 16, 1899
सं० 62]
No. 62] NEW DELHI , WEDNESDAY , DECEMBER 7 , 1977 / AGRAHAYANA 16 , 1899
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सकें । Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department)
New Delhi , the 7th December , 1977 / Agrahayana 16 , 1899 ( Saka ) The following Act of Parliament received the assent of the President on the 7th December , 1977, and is hereby published for general infor- mation-
THE INLAND STEAM - VESSELS ( AMENDMENT) ACT , 1977
NO . 35 OF 1977
[ 7th December , 1977 ]
AnAct further to amend the Inland Steam-vessels Act , 1917
BE it enacted by Parliament in the Twenty - eighth Year of the Republic of India as follows-
Short 1 (1 ) This Act may be called the Inland Steam-vessels ( Amend- ment Act , 1977
title and commencже- ment, (2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint and different dates may be appointed for different provisions of this Act.
1 of 1917 .
Amend-
ment of long title.
2 In the Inland Steam- vessels Act , 1917 ( hereinafter referred to as the principal Act ) , in the long title , for the words " Inland Steam - vessels" , the words " Inland Vessels " shall be substituted.
Amend- 3. In the preamble to the principal Act , for the words " inland steam- vessels " , the words " inland vessels " shall be substituted
ment of preamble .
Amend-
ment of 4. In section 1 of the principal Act , in sub - section (1 ) , for the words "Inland Steam- vessels " , the words " Inland Vessels " shall be substituted.
section 1
Substitu-
tion of
references to steam 5. Throughout the principal Act , except in the long title, preamble and section 1 , for the words " steam - vessel " and " steam - vessels " , wherever they occur , the words " mechanically propelled vessel " and " mechanically pro- pelled vessels " shall , respectively , be substituted
vessel by
mechani-
cally pro-
pelled
vessel
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6. Section 2 of the principal Act shall be renumbered as sub - section (1) thereof, and-
Amend- ment of section 2 .
(1) in sub- section ( 1 ) as so rcnumbered-
(a) for clause ( 1 ) , the following clause shall be substituted, namely: --
' (a) " inland vessel " or " inland mechanically propelled vessel " means a mechanically propelled vessel which ordina- rily plies on any inland water; ' ;
(b) clause ( 2 ) shall be lettered as clause ( b) ;
(c) after clause ( b ) as so lettered, the following clause shall be inserted, namely .--
' (c) " mechanically propelled vessel " means every des- cription of vessel propelled wholly or in part by electricity, steam or other mechanical power; ' ;
(d) clauses ( 3 ) and ( 4) shall be lettered as clauses (d) and (e) respectively;
(e) clause (5 ) shall be omitted;
(f) clauses ( 6 ) , ( 7) and (8 ) shall be lettered as clauses ( f ) , (g) and (h) respectively;
(ii ) after sub - section ( 1 ) as so renumbered , the following sub- section shall be inserted , namely -
1 of 1917 .
" (2 ) Any reference to the Inland Steam- vessels Act , 1917 , in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Inland Vessels Act, 1917. " .
7 In section 7 of the principal Act,-
Amend- ment of section 7 .
(1) in item ( iii ) , the word " and " occurring at the end shall be omitted;
(vi) after item ( iis) , the following item shall be inserted , name- ly:-
" (viia) the nature and quantum of cargo which the mechani- cally propelled vessel is , in the judgment of the surveyor, fit to carry; and" .
7 of 1913 1 of 1956 .
Amend- ment of section 19
8. In section 19E of the principal Act , in sub - section ( 2 ) , for the words and figures " registered under the Indian Companies Act , 1913 " , the words and figures " within the meaning of section 3 of the Companies Act , 1956" shall be substituted.
9 Section 19G of the principal Act shall be omitted .
Omission of section 19G .
10 In section 19-1 of the principal Act ,-
(1) in sub - section ( 2 ) ,-
Amend- ment of section 19-1.
(a) for the words " inland waters of more than one State" , the words " inland waters of any other State" shall be substituted;
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(b) the proviso shall be omitted ;
(n) after sub - section ( 2 ) , the following sub -section shall be inserted , namely: -
" (3 ) When an inland mechanically propelled vessel registered in one State has been kept in another State for a period exceeding twelve months , the owner or master of the vessel shall make an application under section 19K to the registering authority, within whose jurisdiction the vessel then is , for the transfer of registry from the registering authority of the place where the vessel is registered ." .
11. In section 19K of the principal Act ,-
Amend- ment of section 19K.
(2) in sub -section ( 1 ) , for the words " the registering authority of the place where the vessel is registered " , the words " the register- ing authority of the State in which the vessel is kept" shall be subs- tituted;
(vi) in sub - section ( 2 ) , for the words " the registering authority of the intended place of registry with a copy of all particulars relating to the vessel " , the words " the registering authority of the place where the vessel is registered " shall be substituted;
(vii) for sub - sections ( 3 ) and ( 4) , the following sub - sections shall be substituted , namely : ---
" ( 3 ) The certificate of registration in respect of the vessel shall be delivered up to the registering authority of the intended place of registry along with the application .
(4) On receipt of the application under sub -section ( 1) and the prescribed fee , if any , the registering authority of the intended place of registry shall enter in its register book all the particulars relating to the vessel and grant a fresh certificate of registration in respect of the vessel and thenceforth such vessel shall be con- sidered as registered at the new place of registry.
(5) A State Government may make rules under section 19R requiring the owner or master of an inland mechanically propelled vessel not registered within the State which is brought into or is , for the time being in the State , to furnish to a prescribed authority in the State such information with respect to the inland mechani- cally propelled vessel and its registration as may be prescribed ." .
Amend- ment of section 19M 12. In section 19M of the principal Act , in sub - section ( 1 ) , in the pro- viso, for the words and figures " also registered under the Merchant Ship- ping Act, 1894 , as amended by any subsequent enactment " , the words and figures " registered or deemed to be registered under the Merchant Ship- ping Act , 1958 " shall be substituted.
57 and 58 Vict , c 60 44 of 1958.
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13. After section 19Q of the principal Act , the following section shall be inserted, namely :-
Insertion of new sec- tion after seccion 19Q.
44 of 1958 Mortgage of mecha- nically propelled vessel orshare .
' 19QA . The provisions of sections 47 , 48 , 49 , 50 , 51 , 52 and 53 of the Merchant Shipping Act , 1958, shall mutatis mutandis apply , in relation to the mortgage of a mechanically propelled vessel as they apply in relation to ships, subject to the following modifications, namely:-
(a) in sections 47 , 48, 49 , 50 , 51 , 52 and 53 , references to "ship", " registrar " and " register book " , wherever they occur , shall , respectively , be construed as references to " mechanically pro- pelled vessel " , " registering authority " and " book of registration" ;
(b) in section 47, in sub - section ( 1 ) , for the words " the registrar of the ship's port of registry shall record it in the register book" , the words " the registering authority shall record it in the book of registration " shall be substituted . ' .
14. In section 19R of the principal Act , in sub - section ( 2 ) ,
Amend- ment of section 19R
(a) after clause (f ) , the following clause shall be inserted , namely:-
" ( fa ) prescribe the authority and provide for furnishing to such authority the information with respect to the inland mecha- nically propelled vessel and its registration under sub - section (5) of section 19K; " ;
(b) after clause ( g ) , the following clause shall be inserted , namely:-
" ( ga ) provide for the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer of any such mortgage; " .
15. After section 19R of the principal Act , the following section shall be inserted , namely : -
insertion of new section after section 19R .
44 of 1958 .
" 19S Every certificate of registry and every certificate of survey issued in respect of a mechanically propelled vessel under the Merchant Shipping Act, 1958, shall be valid and effective as a certıſi- cate of registration or certificate of survey , as the case may be , issued under this Act and the relevant provisions of this Act shall apply in relation to such vessel as they apply to an inland mechani- cally propelled vessel registered under this Act ." .
Certain certificates Issued under Merchant Shipping Act to be valid under this Act .
Amend- ment of section 22
16. In section 22 of the principal Act , in sub- section ( 1 ) , for the words and figures " before the first day of April , 1890 " , the words and figures "for a period of three years before the first day of November, 1956 " shall be substituted .
SEC . 1 ]
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Amend- ment of section 22A 7 of 1884 44 of 1958 .
17. In section 22A of the principal Act, in sub - section ( 1) , in clause (b ) , for the words and figures " certificate granted under the Indian Steam- ships Act , 1884" , the words and figures " certificate granted or deemed to be granted under the Merchant Shipping Act , 1958 " shall be substituted
18. In section 25 of the principal Act ,---
Amend- ment of section 25.
1 of1859. 57 & 58 Vict , c 60 . 44 of 1958 .
(2) in clause ( a) , for the words and figures " certificate granted under the Indian Merchant Shipping Act , 1859 , or granted under, or continued in force by, the Merchant Shipping Act , 1894 " , the words and figures " certificate granted or deemed to be granted under the Merchant Shipping Act , 1958 " shall be substituted ;
7 of 1884 . 57 & 58 Vict . , c 60 44 of 1958.
(n) in clause ( b ) , for the words and figures "or the Indian Steam - ships Act , 1884 , or granted under , or continued in force by, the Merchant Shipping Act, 1894 " , the words and figures " or granted or deemed to be granted under the Merchant Shipping Act , 1958 " shall be substituted.
7 of 1884
Amend- ment of section 26 .
44 of 1958
19. In section 26 of the principal Act , in clause ( b ) , for the words and figures " certificate granted under the Indian Steam- ships Act , 1884 " , the words and figures " certificate granted or decmed to be granted under the Merchant Shipping Act , 1958 " shall be substituted;
20. In section 28 of the principal Act,---
Amend- ment of section 28 .
1 of1859 57 & 58 Vict , c 60 . 44 of 1958 .
(2) in clause ( a) , for the words and figures " certificate granted under the Indian Merchant Shipping Act , 1859 , or granted under , or continued in force by, the Merchant Shipping Act, 1894 " , the words and figures " certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 " shall be substituted ;
7 of1884.
(n) in clause ( b ) , for the words and figures " certificate granted under the Indian Steam - ships Act, 1884 , or an engineer's certificate granted under , or continued in force by, the Merchant Shipping Act , 1894 " , the words and figures " certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 " shall be substituted .
57 & 58 Vict . , c 60 44 of 1958
Amend- ment of section 33 .
21. In sub - section ( 1 ) of section 33 of the puncipal Act , for the po1- tion beginning with the words " If a formal investigation " and ending with the words " the State Government may " , the following shall be substitut- ed, namely
" Whenever the State Government is satisfied that it is necessary or expedient to have a formal investigation into the facts of any case reported under section 32 or otherwise brought to its notice, the State Government may" .
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22. After Chapter IV of the principal Act, the following Chapter shall be inserted , namely:-
" CHAPTER IVA
Insertion of new Chapter IVA.
REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION
Raising of or removal of wreck imped- ing naviga- tion, etc.
44A. ( 1) If any mechanically propelled vessel or other vessel is wrecked , stranded or sunk in any inland water is or is likely to be- come obstruction , impediment or danger to the safe and convenient navigation or use of inland water or the landing place or embarkment or part thereof , any officer empowered by the State Government by notification in the Official Gazette in this behalf ( hereafter in this Chapter referred to as competent officer) shall cause the vessel to be raised , removed , blown up or otherwise destroyed as the circum- stances may warrant .
(2) If any property recovered by a competent officer acting under sub-section ( 1 ) is unclaimed or the person claımıng it fails to pay reasonable expenses incurred by the competent officer under that sub- section and a further sum of twenty - five per cent . of the amount of such expenses , the competent officer may sell the property by public auction, if the property is of a perishable nature , forthwith , and if it is not of a perishable nature , at any time not less than two months after the recovery thereof .
(3) The expenses and further sum aforesaid shall be payable to the competent officer out of the sale proceeds of the property , and the balance shall be paid to the person entitled to the property re- covered , or , if no such person appears and claims the balance, shall be held in deposit for payment, without interest, to the person there- after establishing his right thereto:
Provided that the person makes his claim within three years from the date of the sale ,
(4) Where the sale proceeds of the property are not sufficient to meet the expenses and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked , stranded or sunk shall be liable to pay the deficiency to the competent officer on demand , and if the deficiency be not paid within one month of such demand , the compe- tent officer may recover the deficiency from such owner as if it were an arrear of land revenue .
Removal ofobs- truction in inland water.
re- 44B. ( 1 ) The competent officer may remove , or cause to be moved , any timber , raft or other thing , floating or being in any part of the inland water , which , in his opinion , obstructs or impedes the free navigation thereof or the lawful use of any landing place or embarkment or part thereof.
(2) The owner of any such timber , raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment , or causes any public nuisance affecting or likely to affect such free navigation or lawful use , he shall also be punishable with fine which may extend to one hundred rupees .
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(3) The competent officer or any magistrate having jurisdiction over the offence may causeny such nursance to be abated .
Recovery ofex- penses of remo- val, 41C If the owner of any such timber, raft or other thing, or the person who has caused any such obstruction , impediment or public nuisance , neglec's to pay the reasonable expenses incurred in the removal thereof , within oue week after demand or withın fourteen days after such removal has been notified in the Official Gazette or in such other manner as the State Government may , by general or special order direct , the competent officer may cause such timber, raft or other thing or the materials of any public nuisance so removed , or so much thereof as may be necessary , to be sold by public auction and may retain all the expenses of such removal and sale out of the proceeds of the sale , and shall pay the surplus of such proceeds or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same and if no such person appears , shall cause the same to be kept and deposited in such manner as the State Government directs , and may, if necessary , from time to time, realise the expenses of keeping the same , together with the expenses of sale , or further sale of so much of the thing or materials as may remain unsold .
Removal of lawful obstruc- tion.
44D. (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 competent officer shall report the same for the infor- mation 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 law relating to like disputes in the case of land required for public purposes
Fouling ofGovern- ment moorings.
of 44E (7 ) If any mechanically propelled vessel hooks or gets fouled in any of the buoys or moorings laid down by or by the authority of the State Government in any part of inland water, the master of such vessel shall not , nor shall any other person , except in the case emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the competent officer.
(2) The competent officer immediately on receiving information of such accident , shall assist and superintend the clearing of such vessel and the master of the vessel shall , on demand, pay such ren- sonable expenses as may be incurred in clearing the same
(3) Any master or other person offending against the provisions of this section shall , for every such offence , be punishable with fine which may extend to one hundred rupees "
23. In section 45 of the principal Act , after clause (b ) , the following clause shall be inserted , namely--
Amend- ment of section 45 " (bb) if the holder of such 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 " , [PART 11 ---
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Amend- ment of section 53
5 of 1898 . 2 of 1974 24. In section 53 of the principal Act , in sub - section ( 5 ) , for the words and figures " section 59 of the Code of Criminal Procedure, 1898 " , the words and figures " section 43 of the Code of Criminal Procedure , 1973 " shall be substituted .
25. In section 54A of the principal Act ,-
Amend- ment of section 54A .
( i) in sub- section ( 1) , in clauses ( a) , ( b ) and ( c) , for the words "per mile" , the words " per kilometre" shall be substituted;
( in) after sub -section ( 2 ) , the following sub- section shall be in- serted, namely:-
"(3) In case of any dispute relating to the fixation of the maximum or the minimum rate per kilometre which may be charged in respect of any class of passengers or of freight on goods of any description carried in inland mechanically propelled vessel between any stations lying in two States , any one of the States may report the matter to the Central Government who shall decide the same ." .
26. After Chapter VI of the principal Act , the following Chapter shall be inserted , namely:-
Insertion of new Chapter VIA.
'CHAPTER VIA
INSURANCE OF MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS
4 of 1939 .
54C . The provisions of Chapter VIII of the Motor Vehicles Act , 1939 , shall mutatis mutandıs apply , in relation to the insurance of mechanically propelled vessels against third party risks as they apply in relation to motor vehicles , subjectto the following modifications , namely:-
(a) throughout in Chapter VIII ,-
(i) references to " motor vehicle " or " vehicle " shall be construed as references to "mechanically propelled vessel" ;
( ii ) references to " public place " shall be construed as re- ferences to " inland water " ,
Applica- tion of Chapter ofthe Motor Vehicles Act , 1939 , in relation to the insurance ofmecha- nically propelled vessels .
and such other consequential amendments as the rules of gram- mar may require shall also be made;
(b) in section 94,----
(i) in sub - section ( 3 ) , for clause ( c) , the following clause shall be substituted, namely: -
" ( c ) any State Water Transport Undertaking pro- viding inland water transport service , where such Under- taking is carried on by-
(i ) the Central Government or a State Govern- ment;
(ii) any local authority or any corporation or company owned by the Central Government or one or more State Governments or by the Central Gov- ernment and one or more State Governments ";
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(ii ) in the Explanation , in item ( iii) , for the words " State Transport " , the words " State Water Transport" shall be substituted;
(c) in section 95 ,-
(i) in sub -section ( 1 ) , ----
(A) in clause ( b ) , in sub -clause ( in) , for the words " of a public service vehicle " , the words and brackets " of a mechanically propelled vessel used or adapted to be used for the carriage of passengers for hire or reward (hereinafter referred to as a public service vessel ) " shall be substituted ,
(B) in the proviso, in clause ( 1) , for sub - clauses (b) and (c) , the following sub- clauses shall be substi tuted , namely: --
" ( b ) if it is a public service vessel , engaged as a conductor of the vessel or in examining tickets on the vessel , or
(c) if it is a vessel used or adapted for the car- riage of goods solely or in addition to passengers (hereinafter referred to as goods service vessel ) , being carried in the vessel , or" ;
(ii ) in sub - section ( 2 ) ,-
(A) in clause ( a) , for the words " goods vehicle , a limit of fifty thousand rupees " , the words " goods service vessel, a limit of two lakhs and fifty thousand rupees" shall be substituted,
(B) in clause ( b ) ,-
(1) in sub - clause ( 2) , for the words " fifty thousand rupees " , the words " two lakhs and fifty thousand rupees " shall be substituted;
(2) in sub -clause ( ii) ,---
(a) in paragraph ( 3 ) , for the words " one lakh " , the words " five lakhs " shall be substituted:
(b) in paragraph (4 ) , the words " where the vehicle is a motor cab , and five thousand rupees for each individual passenger in any other case " shall be omitted;
(C) in clause ( d) , for the words " a limit of rupees two thousand" , the words " a limit of ten thousand rupees" shall be substituted;
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(d) in section 96 ,-
(i) in sub - section ( 2) , in clause ( b ) ,
(A) for sub -clause ( i) , the following sub -clause shall be substituted , namely.-
" ( i) a condition excluding the use of the mechanically propelled vessel-
(a) for hire or reward , where the vessel is on the date of the contract of insurance , a vessel not covered by a certificate of registra- tion, or
or (b ) for organised racing or speed testing,
(c) for a purpose not allowed by the certificate of registration under which the vessel is used, where the vessel is a public ser- vice vessel or a goods service vessel , or " ;
(B) in sub - clause ( ii ) ,-
1 of 1917.
(1) for the words " not duly licensed" , the words and figures " not holding a certificate granted under Chapter III of the Inland Vessels Act, 1917 " shall be substituted ,
1of1917,
(2) for the words " a driving licence" , the words and figures " a certificate granted under Chapter III of the Inland Vessels Act, 1917 " shall be substituted ;
( ii ) in sub - section ( 2A ) , after the words " obtained from a Court" , the words " in the State of Jammu and Kashmir or " shall be inserted ;
( iii) in the proviso to sub - section ( 2A ) and in sub- section ( 6 ) , after the words " corresponding law" , the words "of the State of Jammu and Kashmir or " shall be inserted;
(e) after section 105, the following section shall be inserted, namely:-
"105A . When any person is injured or any property of third party is damaged as a result of an accident in which an inland mechanically propelled vessel is involved, the master or the driver of the vessel or other person in charge of the vessel shall-
Duty of driver In case of accident and injury to a person
(a) take all reasonable steps to secure medical attention for the injured person , and , if necessary , con- vey him to the nearest hospital , unless the injured person or his guardıan in case he is a minor , desires otherwise;
SEC . 1 ]
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(b) give on demand by a police officer any infor- mation required by him , or , if no police officer is present report the circumstances of the occurrence at the nearest police station as soon as possible , and in any case within twenty- four hours of the occurrence . ";
(f) in section 106 ,-
(A) in sub -section (2 ) , for the word and figures " section 89" , the word , figures and letter " section 105A " shall be subs- tituted;
(B) in sub - section ( 2A ) , in the proviso, for the words "transport vehicle", the words " public service vessel or goods service vessel " shall be substituted ;
(g) in section 107 , for the words " whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those rules to the effect that either " , the words " for a certificate of survey or certificate of registration in respect of such vessel to produce such evidence as may be prescribed to the effect that either" shall be substituted;
(h) in section 108 ,-
(A) for the words " transport vehicle " , wherever they occur, the words " public service vessel or goods service vessel " shall be substituted , and such other consequential amendments as the rules of grammar may require shall also be made;
(B) in sub - section ( 1 ) , in clause ( a) ,-
(1) for the words " twenty-five thousand rupees for the first fifty vehicles " , the words " one lakh rupees for the first fifty mechanically propelled vessels " shall be substituted ,
(2) for the words "one hundred and fifty thousand rupees " , the words " two lakhs and fifty thousand rupees " shall be substituted;
(i) for section 110 to section 110B, the following sections shall , respectively, be substituted, namely:-
Claim Tribu- nals.
"110. ( 1 ) The State Government may , by notification in the Official Gazette , constitute one or more Inland Vessels Accidents Claims Tribunals (hereinafter referred to as the Claims Tribunals ) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to , persons arising out of the use of mechani- cally propelled vessels or damage to any property of a third party so arising, or both:
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Provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees ten thousand the claimant may , at his option , refer the claim to a cıvıl court for adjudication and where a refer- ence is so made , the Claims Tribunal shall have no jurisdic- tion to entertain any question relating to such claim .
(2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members , one of them shall be appointed as the Chairman thereof .
(3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he-
(a) is , or has been, a Judge of a High Court , or
(b ) is , or has been , a District Judge , or
(c) is qualified for appointment as a Judge of the High Court .
(4) Where two or more Claims Tribunals are constituted for any area, the State Government may , by general or spe- cial order , regulate the distribution of business among them.
110A. (1 ) An application for compensation arising out of an accident of the nature specified in sub- section ( 1 ) of sec- tion 110 may be made-
Applica- tion for compensa- tion,
(a) by the person who has sustained the injury , or
(b ) where death has resulted from the accident , by all or any of the legal representatives of the deceased , or
(c) by any agent duly authorised by the person in- jured or all or any of the legal representatives of the deceased, as the case may be :
Provided that where all the legal representatives of the deceased have not joined in any such application for com- pensation , the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application,
(2) Every application under sub -section ( 1 ) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred , and shall be in such form and shall contain such particulars as may be prescribed .
(3) No application for compensation under this section shall be entertained unless it is made within six months of the occurrence of the accident :
Provided that the Claims Tribunal may entertain the application after the expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time , SEC . 1 ]
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8 of 1923 .
110AA . Notwithstanding anything contained in the Work- men's Compensation Act , 1923 , where the death or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act , 1923 , the person entitled to compensation may claim such compensation under either of those Acts but not under both.
Option claim for regarding compen- sation in certain cases .
Claims Tribu- nal, Award of 110B . On receipt of an application for compensation made under section 110A, the Claims Tribunal shall , after giving the parties an opportunity of being heard , hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid; and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or master or driver of the vessel involved in the acci- dent or by all or any of them, as the case may be . " ;
5 of1888.
2 of 1974 .
(1 ) in section 110C , for the words , figures and letters " section 195 and Chapter XXXV of the Code of Criminal Procedure , 1898 " , the words , figures and letters " section 195 and Chapter XXVI of the Code of Criminal Procedure , 1973 " shall be substituted .' .
27. In section 58 of the principal Act , for the words " ten rupees " , the words " one hundred rupees " shall be substituted.
Amend- ment of section 58 .
28. After section 58 of the principal Act , the following section shall be inserted, namely : -
Insertion of new section 58A
Penalty for carrying excessive quantity ofcargo onboard.
" 58A . If an inland mechanically propelled vessel has on board or in any part thereof cargo which is in excess of the cargo set forth in the certificate of survey as the quantity of cargo which the vessel or the part thereof is , in the judgment of the surveyor , fit to carry, the owner and the master shall , each , in addition to the penalty to which he may be liable under the provisions of section 58, be punish- able with fine which may extend-
(a) in the case of first offence , to five hundred rupees ;
(b) in the case of any second or subsequent offence, to one thousand rupees ." .
29. After section 62 of the principal Act, the following sections shall be inserted , namely : -
" 62A. If the master or the driver or other person in charge of the inland mechanically propelled vessel fails to report an accident in which his vessel is involved as required under Chapter VIA , he shall be punishable with imprisonment for a term which may extend to three months , or with fine which may extend to five hundred
Insertion of new sections after section 62 . Punish- ment for offences relating to accident 422
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rupees , or with both , or , if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months , or with fine which may extend to one thousand rupees , or with both .
62B. If any person uses a mechanically propelled vessel or causes or allows a mechanically propelled vessel to be used without a policy of insurance complying with the requirements of Chapter VIA , he shall be punishable with fine which may extend to one thousand rupees .
Penalty for using uninsur- ed mecha- nically propelled vessel .
62C. If any person without reasonable cause neglects or refuses to give information as to insurance or to produce the certificate of insurance under the provisions contained in Chapter VIA , he shall be punishable with fine which may extend to one hundred rupees ." .
Penalty for neglect or refusal to give Infor- mation as to insurance or to produce certi- ficate of insur- ance.
30. Section 63A of the principal Act shall be renumbered as section 63D and before section 63D as so renumbered , the following sections shall be inserted , namely :-
Insertion of new sections after section 63.
"63A . If any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the following offences , he shall be liable to be punished summarily as follows : ----
Deser- tion and absence without leave.
(a) if he deserts from his mechanically propelled vessel , he shall be guilty of the offence of desertion and be liable to forfeit all or any of the property he leaves on board of the vessel and of wages he has then earned and also to imprisonment which may extend to three months ;
(b) if he neglects or refuses , without reasonable cause , to join his mechanically propelled vessel or to proceed on any voyage in his vessel or is absent without leave at any time within twenty - four hours of the vessel sailing from a port or ghat either at the commencement or during the progress of a voyage or is absent at any time without leave and without sufficient reason from his vessel or from his duty , he shall , if offence does not amount to desertion or is not treated as such by the master, be SEC 1 ]
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guilty of the offence of absence without leave and be liable to forfeit out of his wages 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 hıring a substitute and also to imprisonment which may extend to two months .
63B . If any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the following offences , he shall be guilty of an offence against discipline and he shall be liable to be punished summarily as follows : -
General offences against disci- pline.
(a) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghat or port or ghat of deli- very , he shall be liable to forfeit out of his wages a sum not exceeding one month's pay;
(b) if he is guilty of wilful disobedience to any lawful corm- mand or neglect of duty , he shall be liable to forfeit out of his wages a sum not exceeding two days' pay ;
(c) if he is guilty of continued wilful disobedience to law- ful command or continued wilful neglect of duty , he shall be liable to imprisonment which may extend to one month and also to forfeit over every twenty - four hours continuance of disobe- dience or neglect either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute;
(d) if he assaults the master or any other officer of the vessel , he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees , or with both ;
(e) if he combines with any of the officers to disobey to law- ful commands or to neglect duty or to impede the navigation of the vessel or retard the progress of the voyage , he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees , or with both;
(f) if he wilfully damages his mechanically propelled vessel or commits criminal misappropriation or breach of trust in respect of or wilful damages to any of her stores or cargo , he shall be liable to forfeit out of his wages a sum equal to the loss sustained and also imprisonment which may extend to three months .
63C . If any offence within the meaning of this Act of desertion or absence without leave or against discipline is committed or if any act of misconduct is committed for which the offender's agreement imposes fine and it is intended to enforce the fine,-
Entry of offence in official log-book.
(a) an entry of the offence or acts shall be made in the official log -book and signed by the master and one of the persons employed or engaged in any capacity on board of the mechani- cally propelled vessel ;
(b) the offender shall be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;
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(c) a statement of a copy of the entry having been so fur- nished and entry having been so read over and the reply , if any , made by the offender shall likewise be entered and signed in the manner aforesaid ,
(d) in any subsequent legal proceedings the entries by this section required shall, if practicable , be produced or proved, and , in default of such production or proof , the court hearing the case may in its discretion refuse to receive evidence of the offence or act of misconduct " .
31. For section 69 of the principal Act , the following section shall be substituted , namely: -
Substitu tion of new section for section 69.
" 69. The State Government may, by notification in the Official Gazette, exempt all or any mechanically propelled vessel belonging to or in the service of Government from payment of any fees pay- able by or under this Act." .
Exemp- tion to Govern- ment vessels from fees .
32. In section 72A of the principal Act ,-
Amend- ment of section 72A.
(i) for the words " of a province in Pakistan " , the words " of Bangladesh " shall be substituted;
( ii ) for the words "that Dominion " , the words "that country" shall be substituted .
33. Section 73 of the principal Act shall be omitted .
Omission of sec- tion 73.
34. In section 74 of the principal Act ,-
Amend- ment of section 74.
(i) in sub - section ( 1 ) , for the words " on a State Government", the words " on the Central Government or a State Government " shall be substituted;
( ii) after sub -section (2 ) , the following sub - section shall be in- serted, namely.-
" ( 3) Every rule made by the Central Government under this Act shall be laid , as soon as may be after it is made , before each House of Parliament , while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made , the SEC 1 ]
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rule 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 "
K K. SUNDARAM , Secy . to the Govt of India
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD. NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1977