| [Act 15 of 1915] | [1st October, 1915] |
An Act further to amend the Inland Steam-Vessels Act, 1884
Whereas it is expedient further to amend the Inland Steam-Vessels Act, 6 of 1884; It is hereby enacted as follows:-
1. Short title.-This Act may be called the Inland Steam-Vessels (Amendment) Act, 1915.
2. Amendment of Section 11(4) of Act 6 of 1884.-In Section 11, sub-section (4), clause (a), of the Inland Steam-Vessels Act, 6 of 1884 (hereinafter called the said Act), the words "with the previous sanction of the Governor-General in Council," and in clause (b) of the same sub-section, the words "of its own authority" shall be omitted.
3. Amendment of Sections 23 and 24 of the said Act.-In Sections 23 and 24 of the said Act after the words "Local Government," where these words occur in the said sections, the words "or such officer as the Local Government may, by notification in the local Official Gazette, appoint in this behalf" shall be inserted.
4. Amendment of Sections 25 and 27 of the said Act.-In Sections 25 and 27 of the said Act for the words the "Local Government" the following shall be substituted, namely:-
(a) in Section 25, the words "the authority empowered to grant such certificate."
(b) in Section 27, the words "the authority."
5. Substitution of new section for Section 29-A of the said Act.-For Section 29-A of the said Act the following shall be substituted, namely:-
"29-A. Area in which certificates shall have effect.-Certificates of competency or service granted under this Act shall have effect as follows:-
(i) A certificate of competency or service as engineer or engine-driver shall have effect throughout British India.
(ii) A certificate of competency or service as master or serang shall have effect throughout the province in which it was granted:
Provided that the authority granting such certificate may, by endorsement thereon, restrict the effect of such certificate to any part of such province:
Provided further that such certificate may be endorsed by the Local Government of any other province; or with the general or special sanction of the Local Government of such other province, by the authority granting it so as to have effect in such other province or any part thereof, and thereupon shall have effect accordingly."
6. Amendment of Sections 33, 34, 35 and 36 of the said Act.-(1) In Sections 33, 34, 35 and 36 of the said Act for the words "master, engineer or engine-driver," wherever these words occur in the said sections, and for the words "master or engineer or engine-driver" in Section 34, sub-section (2), the words "master, engineer or engine-driver or any person holding a certificate granted under Chapter III" shall be substituted.
(2) In Section 34, sub-section (1), the words "of an inland steam-vessel" shall be omitted.
7. Substitution of new section for Section 43 of the said Act.-For Section 43 of the said Act the following section shall be substituted, namely:-
"43. Power for Local Government to suspend or cancel certificates in certain cases.-Any certificate granted under Chapter III may be suspended or cancelled by the Local Government by which, or under authority from which, it was granted or by any other Local Government in the following cases, that is to say:-
(a) if on any investigation made under this Act, the Court reports that the wreck or abandonment of, or loss or damage to, any vessel, or loss of life, has been caused by the wrongful act or default of the holder of such certificate, or that the holder of such certificate is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct; or
(b) if the holder of such certificate is proved to have been convicted of any non-bailable offence; or
(c) if, in the case of a person holding a certificate of competency or service as second-class master or serang or as engine-driver, such person is or has become, in the opinion of the Local Government, unfit to act as second-class master or serang, or as an engine-driver, as the case may be:
Provided that a certificate shall not be suspended or cancelled under clause (a) unless the Local Government is satisfied that the holder of the certificate has been furnished before the commencement of the investigation with a copy of the report of statement required by Section 33 or Section 34, as the case may be."
8. Amendment of Sections 44 and 57 of the said Act.-In Sections 44 and 57 of the said Act for the words "master, engineer or engine-driver," the word "person" shall be substituted.
9. Amendment of Section 45 of the said Act.-In Section 45 of the said Act for the words "which granted the certificate" wherever they occur, the words "by which or under authority from which such certificate was granted" shall be substituted.
10. Insertion of new Chapter after Chapter VI of the said Act.-After Chapter VI the following shall be inserted, namely:-
"Chapter VI-A
General Rule-Making Power
10-B. Power to make general rules.-(1) The Local Government may make rules to carry out the purposes of this Act not otherwise specially provided for.
(2) Rules under this section may provide for the following among other matters, that is to say:-
(a) the speed at which inland steam-vessels may be navigated in specified areas.
(b) the regulation of the navigation of such vessels to prevent danger to other vessels or to the banks, channels, navigation marks or any property moveable or immoveable in or abutting on navigable channels.
(3) Any rule made under this section may contain a provision that any person committing a breach of it shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both."
11. Amendment of Section 67 of the said Act.-To Section 67 of the said Act the following proviso shall be added, namely:-
"Provided that the Governor-General in Council may, by notification in the Gazette of India, direct that all or any of the provisions of this Act shall apply to inland steam-vessels belonging to, or in the service of, the Government of India, or to any class of such vessels."
12. Amendment of Section 69(5) of the said Act.-In Section 69, sub-section (5) of the said Act, for the words "under this Act" the words "under sub-section (1) of Section 21 or sub-section (1) of Section 29" shall be substituted.