1@ b@[54D. Definitions.--In this Chapter, unless the context otherwise requires,--

(a) "hazardous chemical" or "obnoxious substance" means any chemical or substance, as the casemay be, which has been designated as such by rules made under this Chapter;

(b) "oil" means any persistent oil such as crude oil, heavy diesel oil, lubricating oil and white oil,whether carried on board a tanker as cargo or fuel;

(c) "oily mixture" means a mixture with any oil content.]

1. Ins. by Act 35 of 2007, s. 12 (w.e.f. 21-2-2008).

No oil or oilymixture, hazardous chemical or obnoxious substance from a mechanically propelled vessel shall bedischarged in inland water:

Provided that nothing in this section shall apply to the discharge of such oil or oily mixture,hazardous chemical or obnoxious substance from a mechanically propelled vessel for the purpose ofsecuring the safety of a mechanically propelled vessel, preventing damage to a mechanically propelledvessel, cargo or saving of life at inland water.

(1) The owner or operator of an inland port, at cargoor passenger terminal, as the case may be, shall provide reception facilities to discharge oil, oily mixture,hazardous chemical or obnoxious substance at such inland port, cargo or passenger terminal.

(2) The owner or operator of an inland port, at cargo or passenger terminal, as the case may be,providing reception facilities at any inland port, a cargo or passenger terminal may make charges for theuse of the facilities at such rates and may impose such conditions in respect of use thereof as may beapproved by notification in the Official Gazette, by the State Government in respect of the inland port,cargo or passenger terminal.

(3) For the purposes of minimizing the pollution already caused, or for preventing the pollutionthreatened to be caused, the State Government may direct, by order in writing, the owner or operator of aninland port, at cargo or passenger terminal to provide or arrange for the provision of such pollutioncontainment equipments and pollutant removing materials at such inland port, cargo and passengerterminal as may be specified in the order.]

(1) Any surveyor or any person authorised under this Act inthis behalf may, at any reasonable time, enter and inspect any inland port, at cargo or passenger terminalfor the purposes of--

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

(b) verifying whether such inland port, at cargo or passenger terminal is provided with thepollution containment equipment and pollutant removing materials in conformity with the order ofthe State Government or the rules made under this Chapter; and

(c) satisfying himself about the adequacy of the measures taken to prevent pollution.

(2) If the surveyor finds that the inland port, at cargo or passenger terminal is not provided with theaforesaid equipment and materials, he shall give notice to the owner or operator of such inland port, cargoor passenger terminal, as the case may be, a notice in writing pointing out the deficiency and also what inhis opinion is requisite to remedy the said deficiency.

(3) No owner or operator of such inland port, at cargo or passenger terminal, as the case may be,served with the notice under sub-section (2), shall proceed with any work at such inland port, cargo orpassenger terminal, as the case may be, until he obtains a certificate signed by the surveyor to the effectthat the inland port, cargo or passenger terminal, as the case may be, is properly provided with theaforesaid equipment and materials in conformity with the rules made under this Chapter.

(1) The Central Government may make rules for the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may--

(a) prescribe the designated hazardous chemical and obnoxious substance under clause (a) ofsection 54D;

(b) prescribe fitment of oily mixture treatment equipment on shore and on board in certain cases;

(c) prescribe details of reception facilities at inland port, cargo or passenger terminal;

(d) prescribe the forms and record books for inland port, cargo or passenger terminal and themanner in which such books shall be maintained, the nature of entries to be made therein, the timeand circumstances in which such entries shall be made, the custody and disposal thereof and all othermatters relating thereto;

(e) any other matter which is to be, or may be, prescribed.

(1) This Act may be called the 1[Inland Vessels] Act,1917.

2[(2) It extends to the whole of India except the State of Jammu and Kashmir:

3

1. Subs. by s. 4, ibid., for "Inland Steam-vessels" (w.e.f. 1-5-1978).

2. Subs. by Act 26 of 1951, s. 2, for sub-sections (2) and (3).

3. The proviso omitted by Act 35 of 2007, s. 2 (w.e.f. 21-2-2008).

.Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territoryof Jammu and Kashmir and the Union territory of Ladakh.

1[1] In this Act, unless there is anything repugnant in the subjector context.--

2[(a) "inland vessel" or "inland mechanically propelled vessel" means a mechanically propelledvessel, which ordinarily plies on inland water, but does not include fishing vessel and a shipregistered under the Merchant Shipping Act, 1958 (44 of 1958);

(b) "inland water" means--

(i) any canal, river, lake or other navigable water within a State,

(ii) any area of any tidal water deemed to be the inland to be smooth and partially by theCentral Government under section 70,

(iii) waters declared by the Central Government to be smooth and partially smooth watersunder clause (41) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958);

(c) "mechanically propelled vessel" means every description of vessel propelled wholly or in partby electricity, steam or other mechanical power including dumb vessel towed by mechanicallypropelled vessel and vessel propelled by outboard motor;]

3[(d)] "passenger" includes any person carried in a 4[mechanically propelled vessel] other thanthe master and crew and the owner, his family and servants;

3[(e)] "prescribed" means prescribed by any rule under this Act;

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6[(f)] "survey" means the survey of a 7[mechanically propelled vessel] under this Act;

6[(g)] "surveyor" means a surveyor appointed under this Act; and

8[(ga) "tidal water" has the meaning assigned to it in clause (49) of section 3 of the MerchantShipping Act, 1958 (44 of 1958);]

6[(h)] "voyage" includes the plying of a 7[mechanically propelled vessel] at or about any place,

9[(2) Any reference to the Inland Steam-vessels Act, 1917 (1 of 1917), in any law for the time beingin force or in any instrument or other document shall be construed as a reference to the Inland VesselsAct, 1917].

1. Section 2 renumbered as sub-section (1) thereof by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 2007, s. 3, for clauses (a), (b) and (c) (w.e.f. 21-2-2008).

3. Clauses (3) and (4) lettered as clauses (d) and (e) by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).

4. Subs. by s. 5, ibid., for steam-vessel (w.e.f. 1-5-1978).

5. Clause (5) omitted by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).

6. Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by s. 6, ibid. (w.e.f. 1-5-1978).

7. Subs. by s. 5, ibid., for steam-vessels (w.e.f. 1-5-1978).

8. Ins. by Act 35 of 2007, s. 3 (w.e.f. 21-2-2008).

9. Ins. by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).

1[3. Inland mechanically propelled vessel not to proceed on voyage or to be used for servicewithout certificate of survey.--(1) An inland 1[mechanically propelled vessel] shall not proceed on anyvoyage, or be used for any service unless she has a certificate of survey in force 2[in the zone intended forfor operation and applicable to such voyage or service in such zone].

(2) Nothing in this section shall apply to any 1[mechanically propelled vessel] proceeding on a voyageduring the interval between the time at which her certificate of survey expires and the time at which it isfirst practicable to have the certificate renewed:

3[Explanation.--For the purpose of this sub-section, "zone" means any such inland water area as theState Government may, depending on the maximum significant wave height criteria, by notification in theOfficial Gazette, specify for the purpose of this Act.]

1. Subs. by s. 5, ibid., for "steam-vessels" (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 2007, s. 4, for "and applicable to such voyage or service" (w.e.f. 21-2-2008).

3. Ins. by s. 4, ibid. (w.e.f. 21-2-2008).

(1) The State Government may, bynotification in the Official Gazette,--

(a) declare such places, within the territories under its administration, as it thinks fit, to be placesof survey, and

(b) appoint so many persons to be surveyors at the said places as it thinks fit, for the purposes ofthis Act.

(2) Every surveyor shall, for the purposes of any survey made by him, be deemed to be a publicservant within the meaning of the Indian Penal Code (45 of 1860).

(1) For the purposes of a survey, the surveyor may, at any reasonable time,go on board any inland 1[mechanically propelled vessel], and may inspect the 1[mechanically propelledvessel] and every part thereof, including the hull, boilers, engines and other machinery, and allequipments and articles on board:

Provided that he shall not unnecessarily hinder the loading or unloading of the 1[mechanically propelledvessel], or unnecessarily detain or delay her from proceeding on any voyage.

(2) The owner, master and officers of the 1[mechanically propelled vessel] shall afford to the surveyorall reasonable facilities for a survey, and all such information respecting the 1[mechanically propelled vessel], and her machinery or any part thereof, and all equipments and articles on board, as hemay require for the purposes of a survey.

1. Subs. by s. 5, ibid., for "steam-vessels" (w.e.f. 1-5-1978).

Before a survey is commenced, the owner or master ofthe 1[mechanically propelled vessel] to be surveyed shall pay to such officer as the StateGovernment may, by notification in the Official Gazette, appoint in this behalf--

(a) a fee calculated on the tonnage of the 1[mechanically propelled vessel] according to the ratesmentioned in Schedule I, or according to any other prescribed rates; and

(b) when the survey is to be made in any place of survey other than Calcutta, Madras2[or Bombay], such additional fee in respect of the expense (if any) of the journey of thesurveyor to the place as the State Government may by such notification direct.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by the A.O. 1937, for "Bombay or Rangoon".

When the survey of a 1[mechanically propelled vessel] iscompleted, if the surveyor making it is satisfied that--

(a) the hull, boilers, engines and other machinery of the 1[mechanically propelledvessel] arc sufficient for the voyage or service intended and in good condition, and

(b) the equipments of the 1[mechanically propelled vessel] and the certificates of themaster and engineer are such and in such condition as arc required by any law for the timebeing in force and applicable to the 1[mechanically propelled vessel],

the surveyor shall forthwith give to the owner or master a declaration in the prescribed formcontaining the particulars mentioned in clauses (a) and (b), and the following further particulars,namely:--

(i) the time (if less than one year) for which the hull, boilers, engines and othermachinery and equipments of the 1[mechanically propelled vessel] will be sufficient;

(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and othermachinery or equipments, the 1[mechanically propelled vessel] is in the surveyor'sjudgment not fit to ply;

(iii) the number of passengers (if any) which the 1[mechanically propelled vessel] is, inthe judgment of the surveyor, fit to carry, specifying, if necessary, the respective numbersto be carried on the deck and in the cabins, and in different parts of the deck and cabins:the number to be subject to such conditions and variations, according to the time of year,the nature of the voyage, the cargo carried or other circumstances, as the case requires;2

3[(iiia) the nature and quantum of cargo which the mechanically propelled vessel is, in thejudgment of the surveyor, fit to carry; and]

(iv) any other prescribed particulars.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. The word "and" omitted by Act 35 of 1977, s. 7 (w.e.f. 1-5-1978).

3. Ins. by s. 7 ibid. (w.e.f. 1-5-1978).

(1) The owner ormaster of a 1[mechanically propelled vessel] to whom a declaration is given under section 7 shall,within fourteen days after the date of the receipt thereof, send the declaration to such officer asthe State Government may, by notification in the Official Gazette, appoint in this behalf.

(2) If any owner or master fails to send a declaration as required by sub-section (1), he shallforfeit a sum not exceeding five rupees for every day during which the sending of the declarationis delayed.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

(1) The State Government shall, if satisfied that all the pr ovisions of this Acthave been complied with in respect of a declaration sent under section 8, cause,

(a) a certificate of survey, in duplicate, to be prepared, and

(b) notice thereof to be given by post or otherwise to the owner or master of the 1[mechanicallypropelled vessel] to which the certificate relates.

(2) On application made by the owner or master to such officer at the place of survey as theState Government may, by notification in the Official Gazette, appoint in this behalf, and onpayment to such officer by the owner or master of the sum (if any) forfeited by him undersection 8, sub-section (2) (the actual amount of which within the limit thereby fixed shall bedetermined by the State Government), the certificate, in duplicate, so prepared shall be grantedto the owner or master by the State Government and issued to him through such officer.

(3) A certificate granted under this section shall be in the prescribed form, shall containa statement to the effect that all the provisions of this Act with respect to the survey of the1[mechanically propelled vessel] and the declaration of survey have been complied with, andshall set forth

(a) the particulars concerning the 1[mechanically propelled vessel] mentioned in thedeclaration of survey as required by clauses (i), (ii) and (iii) of section 7, and

(b) any other prescribed particulars.

(4) The State Government may, by notification in the Official Gazette, delegate to anyperson all or any of the functions assigned to the State Government under this section:

Provided that no delegation shall be made under sub-section (2) so as to authorise the grant of acertificate of survey by the surveyor who made the declaration of survey under section 7.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

1 The surveyor who conducted the survey may, without following theprocedure laid down in section 9, grant a permit to be effective for a period which shall not in any caseexceed forty-five days, to authorise the inland mechanically propelled vessel to proceed on voyage or useit service temporarily pending the issue of the certificate of survey.

1. Ins. by Act 35 of 2007, s. 5 (w.e.f. 21-2-2008).

The owner or master of every 1[mechanically propelled vessel], for which a certificate ofsurvey has been granted, shall forthwith, on the receipt of the certificate, cause one of theduplicates thereof to be affixed and kept, affixed so long as it remains in force and the1[mechanically propelled vessel] is in use, on some conspicuous part of the 1[mechanicallypropelled vessel] where it may be easily read by all persons on board.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

1[10A. Effect of certificates of survey.-- A certificate of survey shall have effect throughout theState in which it was granted:

Provided that such a certificate may be endorsed by the State Government of any otherState, or with the general or special sanction of the State Government of that other State, bythe authority granting it, so as to have effect in that other State or any part thereof, and, if soendorsed shall have effect accordingly.

1. Ins. by the A.O. 1937.

A certificate of survey shall not be in force 2[in anyState]--

(a) after the expiration of one year from the date thereof; or

(b) after the expiration of the period (if less than one year) for which the hull, boilers,engines or other machinery, or any of the equipments of the 1[mechanically propelled vessel]to which the certificate relates have been stated in the certificate to be sufficient; or

(c) after notice has been given 3[by the State Government of the State in which it was by granted, to the owner or master of such 4[mechanically propelled vessel], that such State Governmenthas cancelled or suspended it.

5[A certificate of survey shall not be in force in any State by virtue of any endorsement in respect ofthat State, after notice has been given by the State Government of that State, to the owner or master of a4[mechanically propelled vessel], that that Government has cancelled or suspended the endorsement.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Ins. by the A.O. 1937.

3. Subs., ibid., for "by any Local Government".

4. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

5. Ins. by the A.O. 1937.

After a certificate of survey has ceased to be in force,the same shall only be renewed after a fresh survey of the 1[mechanically propelled vessel] to whichthe certificate relates, has been held in accordance with the provisions of this Chapter, save s o far asany relaxation thereof may be prescribed.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2[A certificateof survey or any endorsement thereon made under section 10A may be suspended or cancelled by theGovernment of the State in which the certificate was granted or in respect of which the endorsementwas made, as the case may be, if that Government has reason to believe]--

(a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers,engines or other machinery or of any of the equipments of the mechanically propelled vessel hasbeen fraudulently or erroneously made; or

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

(c) that since the making of the declaration the hull, boilers, engines or other machinery, orany of the equipments of the 1[mechanically propelled vessel] have sustained any materialinjury, or have otherwise become insufficient.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs., ibid., for certain words.

The State Government may require any certificate of survey, which has expired orhas been suspended or cancelled, to be delivered up to such officer as the State Government may,by notification in the Official Gazette, appoint in this behalf.

1[Where an endorsement on any certificate of survey for any State has been suspended orcancelled, the State Government of that State may require the certificate of survey to bedelivered up to such officer as that Government may by notification in the Official Gazetteappoint in this behalf, in order that particulars of the suspension or cancellation of theendorsement may be noted on the certificate.]

1. Ins. by the A.O. 1937.

1[If a State Governmentsuspends or cancels endorsement made under section 10A on a certificate of survey, it] shallreport the fact of suspension or cancellation, together with the reasons therefor to the StateGovernment which (or whose delegate) granted the certificate.

1. Subs., ibid., for certain words.

A survey shallordinarily be made by one surveyor, but two surveyors may be employed if the State Government, byorder in writing, so directs either generally in the case of all 1[mechanically propelled vessels] at anyplace of survey, or specially in the case of any particular 1[mechanically propelled vessels] or class of1[mechanically propelled vessels] at any such place.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

(1) If the surveyor making a surveyof 1[mechanically propelled vessel] refuses to give a declaration under section 7 with regard to the1[mechanically propelled vessel], or gives a declaration with which the owner or master of the1[mechanically propelled vessel] is dissatisfied the State Government may, on the application ofthe owner or master, and the payment by him of such fee, not exceeding twice the amount of thefee payable for the previous survey, as the State Government may require, direct two othersurveyors to survey the 1[mechanically propelled vessel].

(2) The surveyors so directed shall forthwith survey the 1[mechanically propelled vessel], and may,after the survey, either refuse to give a declaration or give such declaration as, under the circumstances,seems to them proper.

(3) Any declaration given, or any refusal to give a declaration under sub-section (2), shall befinal.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

When a survey is made by twosurveyors under either section 16 or section 17, each of the surveyors shall perform the prescribedportion of the duties assigned to a surveyor under this Act or the rules made thereunder.

(1) The State Government maymake rules to regulate the making of surveys.

(2) In particular and without prejudice to the generality of the foregoing power, such rules mayprescribe--

(a) the times and places at which, and the manner in which, surveys are to be made;

(b) the duties of the surveyor making a survey and, where two surveyors are employed,the respective duties of each such surveyor;

(c) the form in which declarations of survey and certificates of survey are to beframed, and the nature of the particulars to be stated therein under sections 7 and 9;

(d) the rates other than those mentioned in Schedule I according to which the feespayable in respect of surveys arc to be calculated in the case of all or any of the places ofsurvey within the territories under its administration; and

(e) the cases in, and the extent to which, a survey may be dispensed with before the grant of anew certificate.

1[219A. Inland mechanically propelled vessels not to proceed on voyage or be used forservice without certificate of registration.--(1) An inland 1[mechanically propelled vessel]shall not proceed on any voyage or be used for any service, unless it has a certificate ofregistration in force in respect thereof and granted under this Act.

(2) Nothing in this section shall--

(a) apply to any 1[mechanically propelled vessel] built at any place other than a place of registryand making her first voyage to any such place for the purpose of registration; or

(b) be in derogation of the provisions contained in section 3.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Ins. by Act 26 of 1951, s. 3.

3. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

(1) The State Government may, bynotification in the Official Gazette--

(a) declare such places within the territories under its administration as it thinks fit to be places ofregistry; and

(b) appoint registering authorities at the said places for the purposes of this Act.

(2) Every person appointed as a registering authority shall, for the purposes of anyregistration made by him, be deemed to be a public servant within the meaning of the IndianPenal Code (45 of 1860).

At every place of registry, a book shall be kept by theregistering authority in which all the particulars contained in the form of the certificate ofregistration shall be duly entered and such registering authority shall, immediately afterregistering any inland 1[mechanically propelled vessel] or within one month at the furthest,send to the State Government a true and exact copy, together with the numb er, of everycertificate which shall be so granted by it.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

An application for registration of an inland1[mechanically propelled vessel] shall be made by the owner or master of the vessel in suchform and shall contain such particulars as may be prescribed and shall be accompanied by acopy of the certificate of survey in force issued in respect of the vessel.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

(1) Every application for registration shall be made to aregistering authority within the local limits of whose jurisdiction the owner of the inland1[mechanically propelled vessel] ordinarily resides or carries on business.

(2) Where the owner applying for a certificate of registration is a company 2[within themeaning of section 3 of the Companies Act, 1956 (1 of 1956)], the application may be made toa registering authority within the local limits of whose jurisdiction the principal office of thecompany is situate.

(3) Notwithstanding anything contained in this section, an inland 1[mechanically propelledvessel] may be registered by a registering authority in any State, although the owner does notordinarily reside or carry on business in that State or, if a company, the principal place ofbusiness of the company is not situate in that State:

Provided that the Government of the State in which the owner ordinarily resides or carrieson business, or in the case of a company the Government of the State where the principal placeof business of the company is situate, has accorded its previous approval thereto.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by s. 8, ibid., for certain words (w.e.f. 1-5-1978).

(1) If, in respect of any inland 1[mechanicallypropelled vessel], the registering authority, after making such in quiry as it thinks fit, issatisfied that the provisions of this Act or of any rules made thereunder have been compliedwith, it shall grant to the applicant therefor a certificate of registration comprising suchparticulars as may be prescribed on payment of the prescribed fee.

(2) A registering authority may refuse to register an inland 1[mechanically propelledvessel], if she is found to be mechanically defective, or if the applicant fails to furnishsatisfactory evidence in support of any of the statements made in his application:

Provided that where the registering authority refuses to register any inland 1[mechanicallypropelled vessel], it shall furnish to the applicant a statement in writing containing the reasons for suchrefusal.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

Automatic registration of inland steam-vessels registered under the MerchantShipping Acts. Omitted by the Inland Steam-Vessels (Amendment) Act, 1977 (35 of 1977), s. 9,(w.e.f. 1-5-1978).

Where an inland1[mechanically propelled vessel] has been registered under this Chapter, the registeringauthority shall assign to the vessel, to be displayed thereon conspicuously in the prescribedmanner, a distinguishing mark, hereinafter in this Act referred to as the registration mark.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

(1) A certificate ofregistration granted in respect of any inland 1[mechanically propelled vessel] shall be usedonly for the lawful navigation of that vessel.

(2) A certificate of registration in respect of an inland 1[mechanically propelled vessel]issued by a registering authority in one State shall be valid for that State only, but where anysuch vessel plies in 2[inland waters of any other State], nothing in this section shall be deemedto require the owner or master of the vessel to obtain a fresh certificate of registration inrelation to the State or States in which the vessel is not so registered:

3

4[(3) When an inland mechanically propelled vessel registered in one State has been kept inanother State for a period exceeding 5[thirty-six months], the owner or master of the vessel shallmake an application under section 19K to The registering authority, within whose jurisdictionthe vessel then is, for the transfer of registry from the registering authority of the place wherethe vessel is registered.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by s. 10, ibid., for "inland waters of more than one State" (w.e.f. 1-5-1978).

3. The proviso omitted by s. 10, ibid. (w.e.f. 1-5-1978).

4. Ins. by s. 10, ibid. (w.e.f. 1-5-1978).

5. Subs. by Act 35 of 2007, s. 6, for "twelve months" (w.e.f. 21-2-2008).

(1) When an inland 1[mechanically propelled vessel] isso altered as not to correspond with the particulars relating to her or the description entered inthe certificate of registration, then the owner of the vessel shall, within such period as may beprescribed, make a report of such alteration to the registering authority of the place where thevessel is registered.

(2) The report under sub-section (1) shall be made in such form and shall contain suchparticulars with respect to the alteration as may be prescribed and shall be accompanied bythe certificate of registration in force in respect of the vessel at_ the time of the report.

(3) The registering authority, on receipt of the report under sub-section (1) and on paymentof the prescribed fee, shall either cause the alteration to be registered or direct that the vessel beregistered anew:

Provided that where the registering authority directs that the vessel be registered anew, itshall either grant a provisional certificate describing the vessel as altered or provisionallyendorse the particulars of the alteration on the existing certificate.

(3) Any provisional certificate granted or endorsement made under the provisions of thissection shall be valid for a period of one month from the date thereof, within which period theowner shall cause all necessary steps to be taken to have the vessel regist ered anew.

1. Subs. by Act 35 of 1977, s. 5, for "team-vessel" (w.e.f. 1-5-1978).

(1) The registry of an inland 1[mechanically propelled vessel]may be transferred from one place in a State to another place in another State on theapplication by the owner or master of the vessel to 2[the registering authority of the State inwhich the vessel is kept].

(2) On receipt of such application, the registering authority shall transmit notice thereof to 3[theregistering. authority of the place where the vessel is registered].

4[(3) The certificate of registration in respect of the vessel shall be delivered up to theregistering 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, theregistering authority of the intended place of registry shall enter in its register book all theparticulars relating to the vessel and grant a fresh certificate of registration in respect of thevessel and thenceforth such vessel shall be considered as registered at the new place ofregistry.

(5) A State Government may make rules under section 19R requiring the owner or masterof an inland mechanically propelled vessel not registered within the State which is broughtinto or is, for the time being in the State, to furnish to a prescribed authority in the State suchinformation with respect to the inland mechanically propelled vessel and its registration asmay be prescribed.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 1977, s. 11, for t"he registering authority of the place where the vessel is registered" (w.e.f. 1-5-1978).

3. Subs. by s. 11, ibid., for the registering authority of the intended place of registry with a copy of all particulars relating tothe vessel (w.e.f. 1-5-1978).

4. Subs. by Act 35 of 1977, s. 11, for sub-sections (3) and (4) (w.e.f. 1-5-1978).

(1) If the owner of an inland1[mechanically propelled vessel] ceases to reside or carry on business at the address recordedin the certificate of registration of the vessel, he shall, within thirty days of the change ofaddress, intimate his new address to the registering authority by which the certificate ofregistration was granted, or, if the new address is within the jurisdiction of another registeringauthority, to that registering authority, and shall at the same time forward the certificate ofregistration to the registering authority in order that the new address may be entered thereon.

(2) Where a registering authority other than the original registering authority makes anysuch entry, it shall communicate the new address to the original registering authority.

1. Subs. by s. 5, ibid., for "steam-vessel" (w.e.f. 1-5-1978).

(1) An inland1[mechanically propelled vessel] registered under this Act in one State shall not be transferredto a person resident in another State in India or in any country outside India, without theprevious approval of the Government of the State in which the vessel is registered:

Provided that where an inland 1[mechanically propelled vessel] is 2[registered or deemedto be registered under the Merchant Shipping Act, 1958 (44 of 1958)], this sub -section shallhave effect as if for the words the Government of the State in which the vessel is registeredthe words the Central Government had been substituted.

(2) Subject to the provisions of sub-section (1), the owner of an inland 1[mechanicallypropelled vessel] registered under this Act and the transferee thereof shall, within thirty daysof the transfer of ownership of the said vessel to the transferee, jointly make a report of thetransfer to the registering authority within the local limits of whose jurisdiction the transfereeresides or carries on business and shall also forward the certificate of registration to thatregistering authority, together with the prescribed fee, in order that particulars of the transferof ownership may be entered thereon.

1. Subs. by s. 5, ibid., for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by s. 12, ibid., for also registered under the Merchant Shipping Act, 1894, as amended by any subsequentenactment (w.e.f. 1-5-1978).

(1) A registering authority maysuspend, for such period and subject to such conditions as it thinks fit, the certificate ofregistration of an inland 1[mechanically propelled vessel], if it has reason to believe that afterthe granting of the certificate the vessel has become unfit to ply in inland waters.

(2) Where the registration of an inland 1[mechanically propelled vessel] is suspended undersub-section (1) for a period of not less than one month, the registering authority ordering thesuspension shall, if it is not the original registering authority, inform that other authority of thefact of such suspension.

(3) The registering authority suspending the certificate may require the owner or master ofthe vessel to deliver up the certificate so suspended to itself or, if it is not the original registeringauthority, to that other authority.

(4) A certificate of registration surrendered under this section shall be returned to theowner when the order suspending the certificate has been rescinded or has ceased to operate.

1. Subs. by s. 5, ibid., for "steam-vessel" (w.e.f. 1-5-1978).

(1) If an inland 1[mechanically propelled vessel] hasbeen destroyed or has been rendered permanently unfit for service, the owner of the vesselshall, with the least practicable delay, report the fact to the registering authority of the placewhere the vessel is registered and shall also forward to that authority, along with the report,the certificate of registration of the vessel and thereupon the registering authority shall havethe certificate of registration cancelled.

(2) Any registering authority may at any time require that any inland 1[mechanicallypropelled vessel] within the local limits of its jurisdiction may be inspected by such authorityas the State Government may, by general or special order, appoint in this behalf and, if as aresult of such inspection, the registering authority is satisfied that the vessel is in such acondition that it is not fit to ply in any inland water, the registrering authority may, after givingthe owner of the vessel an opportunity of being heard, cancel the registration of the vessel andrequire the owner thereof to surrender forthwith to the registering authority, the certificate ofregistration in respect of that vessel, if it has not already been so surrendered.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

(1) Any person aggrieved by an order--

(a) refusing to register any inland 1[mechanically propelled vessel] under section 19F;or

(b) suspending a certificate of registration under section 19N; or

(c) cancelling a certificate of registration under sub-section (2) of section 19-0,

may, within thirty days of the date on which lie receives notice of such order, appeal against it to theState Government.

(2) The State Government shall cause notice of every such appeal to be given to theregistering authority concerned in such manner as may be prescribed, and after giving anopportunity to that authority and to the appellant to be heard shall pass such order thereon as itthinks fit.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

Where the Central Government is satisfied that by the law or practiceof any country outside India, inland 1[mechanically propelled vessels] having a certificate ofregistration in force under this Act--

(a) obtain by reason of such registration any special exemption in that country while plying inthe inland waters thereof, or

(b) arc required as a condition of plying in the inland waters of that country to complywith any special requirement, whether by way of registration anew or payment of a f ee orotherwise,

the Central Government may, by notification in the Official Gazette, for the purpose ofreciprocity, direct that the same exemption or requirement, or an exemption or a requirementas similar thereto as may be, be granted to, or imposed upon, inland 1[mechanically propelledvessels] registered in that country while plying in the inland waters of the territories to whichthis Act extends.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

1[19QA. Mortgage of mechanically propelled vessel or share.The provisions ofsections 47, 48, 49, 50, 51, 52 and 53 of the Merchant Shipping Act, 1958 (44 of 1958),shall mutatis mutandis apply, in relation to the mortgage of a mechanically propelled vesselas 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 propelled 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 ofregistry shall record it in the register book", the words "the registering authority shallrecord it in the book of registration" shall be substituted.]

1. Ins. by s. 13, ibid. (w.e.f. 1-5-1978).

(1) The State Government may make rules to carry out the objects ofthis Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, suchrules may--

(a) prescribe the powers, duties and functions of registering authorities and the local limits oftheir jurisdiction;

(b) prescribe the form of, and the particulars to be contained in, applications for, and certificatesof, registration;

(c) provide for the form and manner in which books of registration shall be maintained under thisChapter;

(d) provide for the issue of duplicate certificates of registration to replace certificateslost, destroyed or mutilated;

(e) prescribe, subject to the approval of the Central Government, the fees to becharged for the registration of inland 1[mechanically propelled vessels] or for any otheraction to be taken by the registering authority under this Chapter, and provide for theexemption of any person or class of persons from payment of the whole or any part ofany such fees;

(f) prescribe the period within which, and the manner in which, the owner of aninland 1[mechanically propelled vessel] shall make a report of any alteration in thevessel under section 19J;

2[(fa) prescribe the authority and provide for furnishing to such authority theinformation with respect to the inland mechanically propelled vessel and its registrationunder sub-section (5) of section 19K;]

(g) prescribe the manner in which appeals to the State Government may be preferredunder this Chapter and the fees payable in respect of any such appeal;

1[(ga) provide for the form of instrument creating a mortgage of a mechanicallypropelled vessel or a share therein or transfer of any such mortgage;]

(h) provide for any other matter which is to be or may be prescribed under thisChapter.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

2. Ins. by s. 14, ibid. (w.e.f. 1-5-1978).

1[19S. Certain certificates issued under Merchant Shipping Act to be valid under thisAct.--Every certificate of registry and every certificate of survey issued in respect of amechanically propelled vessel under the Merchant Shipping Act, 1958 (44 of 1958), shall be validand effective as a certificate of registration or certificate of survey, as the case may be, issuedunder this Act and the relevant provisions of this Act shall apply in relation to such vessel as theyapply to an inland mechanically propelled vessel registered under this Act.]

1. Ins. by s. 15, ibid. (w.e.f. 1-5-1978).

1[20. Appointment of examiners.--The State Government may appoint examiners for thepurpose of examining the qualifications of persons desirous of obtaining certificates (hereinaftercalled certificates of competency), to the effect that they are competent to act as masters orserangs, or as engineers or engine-drivers, as the case may be, on board inland 1[mechanicallypropelled vessels].]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

(1) The State Government or such officer as it may, by notification in the OfficialGazette, appoint in this behalf, shall grant to every person who is reported by the examiners topossess the prescribed qualifications, a certificate of competency to the effect that he is competentto act as a first-class master, second-class master or scrang, or as an engineer, first-class enginedriver or second-class engine-driver, as the case may be, on board an inland 1[mechanicallypropelled vessel]:

Provided nevertheless that, before granting a certificate of competency under th is Act, theauthority empowered to grant such certificate may, if it considers the report of the examinersregarding any applicant for such certificate to be defective, or has reason to believe that suchreport has been unduly made, require a further examination or a re-examination of theapplicant.

(2) Every certificate granted under this section shall be in the prescribed form.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

(1) The State Government may, 2[if it thinks fit], grant without examination to anyperson who has served as a master, or as an engineer, of 3[a vessel of the Coast Guard, IndianNavy or regular Army for a period as may be prescribed by the State Government in thisbehalf], a certificate (hereinafter called a certificate of service) to the effect that he is, byreason of his having so served, competent to act as a first-class master, second-class master orserang, or as an engineer, first-class engine-driver or second-class engine-driver, as the casemay be, on board an inland 1[mechanically propelled vessel].

4[Explanation--For the purposes of this section,

(a) the expression "Coast Guard" shall have the meaning assigned to it in clause (d) ofsection 2 of the Coast Guard Act, 1978 (30 of 1978);

(b) the expression "Indian Navy" shall have the meaning assigned to it in clause (10) ofsection 3 of the Navy Act, 1957 (62 of 1957);

(c) the expression "regular Army" shall have the meaning assigned to it in clause (xxi)of section 3 of the Army Act, 1950 (46 of 1950);

(2) A certificate of service so granted shall have the same effect as a certificate ofcompetency granted under this Act after examination.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by the A.O. 1937, for "in its discretion".

3. Subs. by Act 35 of 2007, s. 7, for "an inland mechanically propelled vessel for a period of three years before the first day ofNovember, 1956" (w.e.f. 21-2-2008).

4. Ins. by s. 7, ibid. (w.e.f. 21-2-2008).

4[22A. Licences.--(1) The State Government may also, 2[if it thinks fit], grant--

(a) to a person who is in possession of a second-class master's certificate granted undersection 21 or section 22, and has, by virtue of such certificate, acted as master of an inland3[mechanically propelled vessel] having engines of forty or more nominal horse-power for aperiod of not less than five years, or

(b) to a person who is in possession of a first-class engine-driver's certificate grantedunder section 21 or section 22, or an engine-driver's 5[certificate granted or deemed to begranted under the Merchant Shipping Act, 1958 (44 of 1958)] and has, by virtue of suchcertificate, served as an engine-driver of an inland 1[mechanically propelled vessel] havingengines of not less than seventy nominal horse-power for five years, for not less than two anda half years of which period he has been the engine-driver of such vessel within the meaningof section 26,

a licence authorising such person to act as master or engineer, as the case may be, of anyinland 6[mechanically propelled vessel] having engines of one hundred and seventy nominalhorsepower or of such less nominal horse-power 7[as such Government] may deem fit.

(2) Any such licence shall. remain in force only for such time as the person holding thesame is in possession of and entitled to a master's or an engine-driver's certificate, as the casemay be, of the nature referred to in sub-section (1):

Provided that the State Government may, 8[if it thinks fit], suspend, cancel or vary the conditions ofany such licence.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by the A.O. 1937, for "in its discretion".

3. Ins. by s. 7, ibid. (w.e.f. 21-2-2008).

4. Ins. by Act 6 of 1920, s. 2.

5. Subs. by Act 35 of 1977, s. 17, for "certificate granted under the Indian Merchant Shipping Act, 1859 (1 of 1859), or grantedunder, or continued in force by, the Merchant Shipping Act, 1894" (w.e.f. 1-5-1978).

6. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

7. Subs. by Act 11 of 1923, s. 2 and First Schedule, for "as to such Government.

8. Subs. by the A. 0. 1937, for "in its discretion".

Every certificate of competency or service 1[and1[and every licence] granted under this Act shall be made in duplicate, and one copy shall bedelivered to the person entitled to the certificate, 1[or licence] and the other shall be kept andrecorded in the prescribed manner.

1. Ins. by Act 6 of 1920. s. 2.

Whenever a master orserang, or an engineer or engine-driver, proves, to the satisfaction of the authority whichgranted his certificate, 1[or licence] that he has, without fault on his part, lost or been deprivedof it, a copy of the certificate 1[or licence] to which, according to the record kept under section23, he appears to be entitled shall be granted to him, and shall have the same effect as theoriginal.

1. Ins. by s. 4, ibid.

An inland 1[mechanically propelled vessel] having engines of 2[one hundred] or more nominalnominal horse-power shall not proceed on any voyage unless she has

(a) as her master a person possessing a first-class masters certificate granted under thisAct, or a master's 3[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958(44 of 1958)] 4[or a masters licence granted under section 22A and applicable to such vessel andvoyage], and

(b) as her engineer a person possessing an engineers certificate granted under this Act, orgranted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958) 5[or anan engine-drivers licence granted under section 22A and applicable to such vessel andvoyage.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by s. 4, ibid., for "eighty".

3. Subs. by Act 35 of 1977, s. 19, for certain words (w.e.f. 1-5-1978).

4. Ins. by Act 6 of 1920, s. 5.

5. Added by s. 5, ibid.

An inland 1[mechanically propelled vessel] having engines of 4[forty]or more nominal horse-power, but of less than 2[one hundred] nominal horse-power, shall notproceed on any voyage unless she has

(a) as her master a person possessing a second-class masters certificate granted under this Act,or any certificate referred to in clause (a) of section 25, and

(b) as her engineer a person possessing a first-class engine-drivers certificate granted underthis Act, or an engine-drivers 3[certificate granted or deemed to be granted under the MerchantShipping Act, 1958 (44 of 1958)] or any certificate referred to in clause (b) of section 25:

Provided that a 1[mechanically propelled vessel] shall be deemed to have complied with thissection if she has as her master and engineer a person possessing both a certificate referred to inclause (a), and a certificate referred to in clause (b), of this section.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by s. 4, ibid., for "eighty".

3. Subs. by Act 35 of 1977, s. 19, for certain words (w.e.f. 1-5-1978).

4. Subs. by Act 6 of 1920, s. 7, for "thirty".

An inland 1[mechanically propelled vessel] having engines of less than 2[forty] nominalhorse-power shall not proceed on any voyage unless she has

(a) as her master a person possessing a scrangs certificate granted under this Act, or anycertificate referred to in clause (a) of section 26, and

(b) as her engineer a person possessing a second-class engine-drivers certificategranted under this Act, or any certificate referred to in clause (b) of section 26:

Provided that a 1[mechanically propelled vessel] shall be deemed to have complied with this sectionif she has as her master and engineer a person possessing both a certificate referred to in clause (a), and acertificate referred to in clause (b), of this section.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by Act 6 of 1920, s. 7, for "thirty".

Notwithstanding anything in this Chapter, the StateGovernment may, by general or special order, direct that a person possessing--

(a) a master's 2certificate granted or deemed to be granted under the Merchant Shipping Act,1958 (44 of 1958)], or

(b) an engineer's or engine-driver's 2[certificate granted or deemed to be granted underthe Merchant Shipping Act, 1958 (44 of 1958), shall not act as master or engineer, as the casemay be, of an inland 1[mechanically propelled vessel] unless he also possesses--

(i) in case (a), such a master's or serang's certificate granted under this Act asqualified him under this Chapter to act as master of the 1[mechanically propelledvessel], or

(ii) in case (b), such an engineer's or engine-driver's certificate granted under this Actas qualifies him under this Chapter to act as engineer of the 1[mechanically propelledvessel]:

Provided that, for the purposes of this section, the State Government may 3[if it thinksfit], grant to any person, without examination, a master's or scrang's or an engineers orengine-drivers certificate of competency under this Act, and such certificate shall have thesame effect as a certificate of competency granted under this Act after examination.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 1977, s. 20, for certain words (w.e.f. 1 -5-1978).

3. Subs. by the A.O. 1937, for "in its discretion"..

(1) The State Government may make rules to regulate the granting ofcertificates of competency under this Chapter.

(2) In particular and without prejudice to the generality of the foregoing power, such rules mayprescribe--

(a) the times and places of holding and the mode of conducting examination of persons desirousof obtaining certificates of competency;

(b) the qualifications to be required of persons desirous of obtaining such certificates;

(c) the examination fees to be paid by such persons; and

(d) the forms in which such certificates are to be framed, and the authority by whom,and the manner in which, copies are to, be kept and recorded under section 23.

The State Government may also make rules to regulate the granting of certificatesof service under section 22, and may by such rules prescribe in particular--

1[(a) the period of service in the Coast Guard, Indian Navy or regular Army which is required fora person to be granted a certificate without examination under section 22,]

2[(aa)] the fees to be paid for such certificates, and

(b) the forms in which such certificates are to be framed, and the authority by whom,and the manner in which, copies are to be kept and recorded under section 23.

1. Ins. by Act 35 of 2007, s. 8 (w.e.f. 21-2-2008).

2. Clause (a) relettered as clause (aa) by s. 8, ibid. (w.e.f. 21-2-2008).

1[30A. Power for State Government to make rules as to grantu2019 of licences.-- The StateGovernment may also make rules to regulate the granting of licences under section 22A, and may bysuch rules prescribe in particular--

(a) the fees (if any) to be paid for such licences, and

(b) the forms in which such licences are to be framed and the authority by whom and the mannerin which copies are to be kept and recorded under section 23.]

1. Ins. by Act 6 of 1920, s. 8.

1[31. Effect of certificates of competency or service and licences.-- A certificate of competencyor service and licence granted under this Chapter shall have effect throughout India.]

1. Subs. by Act 35 of 2007, s. 8, for section 31 (w.e.f. 21-2-2008).

Whenever--

(a) any inland 1[mechanically propelled vessel] has been wrecked, abandoned or materiallydamaged, or

(b) by reason of any casualty happening to, or on. board of, any inland 1[mechanically propelledvessel], loss of life has ensued,. or

(c) any inland 1[mechanically propelled vessel] alas caused loss or material damage to, any othervessel,

the master of the 1[mechanically propelled vessel] shall forthwith give notice of the wreck,abandonment, damage, casualty, or loss to the officer in charge of the nearest police -station.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

(1) 1[Wheneverthe State Government is satisfied that it is necessary or expedient to have a formalinvestigation into the facts of any case reported under section 32 or otherwise brought to itsnotice, the State Government may]--

(a) appoint a special Court and direct the Court to make the investigation at such place as theState Government may fix in this behalf, or

(b) direct any principal Court of ordinary criminal jurisdiction or the Court of any DistrictMagistrate to make the investigation.

(2) A special Court appointed under clause (a) of sub-section (1) shall consist of not lessthan two nor more than four persons, of whom one shall be a Magistrate, one shall be aperson conversant with maritime affairs or with the navigation of inland 2[mechanicallypropelled vessels], and the other or others (if any) shall be conversant with either maritime ormercantile affairs, or with the navigation of inland 2[mechanically propelled vessels].

1. Subs. by s. 21, ibid., for certain words (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

(1) Any Court making an investigation under section 33 may inquire intoany charge of incompetency or misconduct arising in the course of the investigationagainst any master, engineer or engine -driver, or any person holding a certificate granted under Chapter III, as well as into any charge of a wrongful act or default on his partcausing any wreck, abandonment, damage, casualty, or loss referred to in section 32.

(2) In every case in which any such charge arises against any master, engineer or engine -driver, or any person holding a certificate granted under Chapter III in the course of aninvestigation, the Court shall, before the commencement of the inquiry into the charge, causeto be furnished to him a copy of the report or of any statement of the case upon which theinvestigation has been directed.

(1) If the State Government has reason to believe that there are grounds forcharging any master, engineer or engine-driver, or any person holding a certificate grantedunder Chapter III, with incompetency or misconduct, otherwise than in the course of aninvestigation under section 33,

it may send a statement of the case to the principal Court of ordinary criminal jurisdiction, orthe Court of the District Magistrate, at or nearest to the place at which it may be convenient forthe parties and witnesses to attend, and may direct the Court to make an investigation into thecharge.

(2) Before commencing an investigation under sub-section (1), the Court shall cause theperson charged to be furnished with a copy of the statement of the case sent by the StateGovernment.

For the purpose of an investigation under this Chapterinto any charge against a master, engineer or engine -driver, or any person holding acertificate granted under Chapter III, the Court may summon him to appear, and shall givehim full opportunity of making a defence, either in person or otherwise.

(1) When, in the opinion of the Court making an investigation under thisChapter, the investigation involves, or appears likely to involve, any question as to thecancelling or suspension of the certificate of a master, engineer or engine -driver, or anyperson holding a certificate granted under Chapter III, the Court shall appoint as its assessors,for the purposes of the investigation, two persons having experience in the merchant serviceor in the navigation of inland 1[mechanically propelled vessels].

(2) In every other investigation the Court may, if it thinks fit, appoint as its assessor, forthe purposes of the investigation, any person conversant with maritime affairs or thenavigation of inland 1[mechanically propelled vessels] and willing to act as assessor.

(3) Every person appointed as an assessor under this section shall attend during theinvestigation and deliver his opinion in writing, to be recorded on the proceedings.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

For the purpose of anyinvestigation under this Chapter, the Court making the investigation shall, so far as relates to compellingthe attendance and examination of witnesses, and production of documents and the regulation of theproceedings, have--

(a) if the Court is a special Court--the same powers as are exercisable by the principalCourt of ordinary criminal jurisdiction for the place at which the investigation is made; or

(b) if the Court is a principal Court of ordinary criminal jurisdiction or the Court of theDistrict Magistrate--the same powers as arc exercisable respectively by either Court in theexercise of its criminal jurisdiction.

(1) If any Court making an investigation under this Chapter issues a warrant ofarrest to compel the attendance of any person whose evidence is in its opinion necessary, itmay, for the purpose of effecting the arrest, but subject to any general or special instructionsissued by the State Government in this behalf, authorise any officer to enter any vessel.

(2) An officer so authorized to enter any _vessel may, for the purpose of enforcing theentry, call to his aid any officers of Police or Customs, or any other persons, and may seize anddetain the vessel for such time as is reasonably necessary to effect the arrest; and every suchofficer or other person shall be deemed to be a public servant within the meaning of the IndianPenal Code (45 of 1860).

(3) No person shall be detained under this section for more than forty -tight hours.

Whenever, in thecourse of an investigation under this Chapter, it appears to the Court making the investigationthat any person has committed, within 1[the territories to which this Act extends], an offencepunishable under any law in force in 1[such territories] the Court making the investigation may(subject to such rules consistent with this Act as the High Court may, from time to time, make inthis behalf)--

(a) cause such person to be arrested;

(b) commit him or hold him to bail to take his trial before the proper Court;

(c) bind over any other person to. give evidence at such trial; and

(d) exercise, for the purposes of this section, all the powers of a Magistrate of the first class or ofa Presidency Magistrate.

1. Subs. by the A.O. 1950, for the "Provinces".

(1) Whenever, in the course of a trial referred to insection 40, the evidence of any witness is required in relation to the subject-matter, anydeposition previously made by him in relation, to the same subject-matter before any Courtmaking an investigation under this Chapter shall, if authenticated by the signature of theMagistrate or presiding Judge of such Court, be admissible in evidence on proof--

(a) that the witness cannot be found within the jurisdiction of the Court before which the trial isheld; and

(b) that the deposition was made in the presence of the person accused, and that he had anopportunity of cross-examining the witness.

(2) A certificate signed by such Magistrate or presiding Judge that the deposition was made inthe presence of the accused, and that he had an opportunity of cross-examining the witness shall,unless the contrary be proved, be sufficient evidence that it was so made and that the accused hadsuch opportunity.

The Court shall, in the case of everyinvestigation under this Chapter, transmit to the State Government a full report of the conclusionsat which it has arrived, together with the evidence recorded and the written opinion of anyassessor.

Notwithstanding theappointment under section 37 of an assessor or assessors by a Court making an investigation underthis Chapter, the exercise of all powers conferred on such Court by this Act shall rest with theCourt alone.

(1) Whenever any explosion occurs on board any inland1[mechanically propelled vessel], the State Government may direct that an investigation into the causeof the explosion be made by such person or persons as it may appoint in this behalf.

(2) The person or persons so appointed may, for the purpose of the investigation, enter intoand upon the 1[mechanically propelled vessel], with all necessary workmen and labourers, andremove any portion of the 1[mechanically propelled vessel] or of the machinery thereof, and shallreport to the State Government what, in his or their opinion, was the cause of the explosion.

(3) Every person making an investigation under this section shall be deemed to be a public servantwithin the meaning of the Indian Penal Code (45 of 1860).

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

1[44A. Raising of or removal of wreck impeding navigation, etc .--(1) If any mechanicallypropelled vessel or other vessel is wrecked, stranded or sunk in any inland water is or is likelyto become obstruction, impediment or danger to the safe and convenient navigation or use ofinland water or the landing place or embarkment or part thereof, any officer empowered by theState Government by notification in the Official Gazette in this behalf (hereafter in thisChapter referred to as competent officer) shall cause the vessel to be raised, removed, blown upor otherwise destroyed as the circumstances may warrant.

(2) If any property recovered by a competent officer acting under sub-section (1) isunclaimed or the person claiming it fails to pay reasonable expenses incurred by thecompetent officer under that sub-section and a further sum of twenty-five per cent. of theamount of such expenses, the competent officer may sell the property by public auction, if theproperty is of a perishable nature, forthwith, and if it is not of a perishable nature, at any timenot less than two months after the recovery thereof.

(3) The expenses and further sum aforesaid shall be payable to the competent officer outof the sale proceeds of the property, and the balance shall be paid to the person entitled to theproperty recovered, or, if no such person appears and claims the balance, shall be held indeposit for payment, without interest, to the person thereafter 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 arc not sufficient to meet the expenses andfurther sum aforesaid, the owner of the vessel at the time the vessel was wrecked, strandedor sunk shall be liable to pay the deficiency to the competent officer on demand, and if t hedeficiency be not paid within one month of such demand, the competent officer may recoverthe deficiency from such owner as if it were an arrear of land revenue.]

1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).

1[44B. Removal of obstruction in inland water.--(1) The competent officer may remove,or cause to be removed, any timber, raft or other thing, floating or being in any part of theinland water, which, in his opinion, obstructs or impedes the free navigation thereof or thelawful 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 reasonableexpenses of the removal thereof, and if such owner or any other person has without lawfulexcuse caused any such obstruction or impediment, or causes any public nuisance affecti ng orlikely to affect such free navigation or lawful use, he shall also be punishable -with fine,which may extend to one hundred rupees.

(3) The competent officer or any magistrate having jurisdiction over the offence may cause any suchnuisance to be abated.]

1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).

1[44C. Recovery of expenses of removal.--If the owner of any such timber, raft or otherthing, or the person who has caused any such obstruction, impediment or public nuisance,neglects to pay the reasonable expenses incurred in the removal thereof, within one week afterdemand or within fourteen days after such removal has been notified in the Official Gazette orin such other manner as the State Government may, by general or special order direct, thecompetent officer may cause such timber, raft or other thing or the materials of any publicnuisance so removed, or so much thereof as may be necessary, to be sold by public auction andmay retain all the expenses of such removal and sale out of the proceeds of the sale, and shallpay the surplus of such proceeds or deliver so much of the thing or materials as may remainunsold, 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, ifnecessary, from time :to time, realise the expenses- of keeping the same, 'together with theexpenses .of sale, or further sale of so much -of the thing or materials as may' remain unsold.]

1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).

1[44D. Removal of lawful obstruction.--(1) If any obstruction or impediment to thenavigation of any inland water has been lawfully made or has become lawful by reason of thelong continuance of such obstruction or impediment or otherwise, the competent officer shallreport the same for the information of the State Government and shall, with the sanction of theState Government, cause the same to be removed or altered, making reasonable compensationto the person suffering damage by such removal or alteration.

(2) Any dispute arising out of or concerning such compensation shall be determinedaccording to the law relating to like disputes in the case of land required for public purposes.]

1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).

1[44E. Fouling of Government moorings.--(1) If any mechanically propelled vessel hooksor gets fouled in any of the buoys or moorings laid down by or by the authority of the StateGovernment in any part of inland water, the master of such vessel shall not, nor shall anyother person, except in the case of emergency, lift the buoy or mooring for the purpose ofunhooking or getting clear from the same without the assistance of the competent officer.

(2) The competent officer immediately on receiving information of such accident, shallassist and superintend the clearing of such vessel and the master of the vessel shall, ondemand, pay such reasonable 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.]

1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).

1[Any certificate granted or any endorsement made under Chapter III may be suspended orcancelled by the Government of the State in which the certificate was granted or; as the casemay be, in respect of which the endorsement was made, in the following cases, namely]--

(a) if, on any investigation made under this Act, the Court reports that the wreck orabandonment of, or loss or damage to, any vessel, or loss of life, has been caused by thewrongful act or default of the holder of such certificate, or that the holder of suchcertificate is incompetent, or has been guilty of any gross act of drunkenness, tyranny orother misconduct, or

(b) if the holder of such certificate is proved to have been convicted of any non-bailable offence,or

2[(bb) if the holder of such certificate is proved to have deserted his vessel or hasabsented himself, without leave and without sufficient reason, from his vessel or from hisduty; or]

(c) if, in the case of a person holding a certificate of competency or service as second -class master or scrang, or as engine-driver, such person is or has become, in the opinion ofthe State Government, unfit to act as a second-class master or serang or as an engine-driver,as the case may be:

Provided that a certificate 3[or endorsement] shall not be suspended or cancelled underclause (a), unless the State Government is satisfied that the holder of the certificate has,before the commencement of the investigation, been furnished with a copy of the reportor statement of the case as required by section 34 or section 35, as the case may be.

1. Subs. by the A.O. 1937, for certain words.

2.Ins. by Act 35 of 1977, s. 23 (w.e.f. 1-5-1978).

3. Ins. by the A.O. 1937.

Every person whosecertificate is suspended or cancelled under this Chapter shall deliver it up to such person asthe State Government which suspended or cancelled it may direct.

1[If a State Government suspends or cancels anendorsement under this Chapter, it] shall report the proceedings, and the fact of suspension orcancellation to the State Government by which, or under authority from which, 1[the certificate]was granted.

1. Subs. by A.O. 1937, for certain words.

(1) Any State Government may, at any time, revoke any order ofsuspension or cancellation which it may have made under this Chapter, or grant, withoutexamination, to any person whose certificate it has so cancelled, a new certificate.

(2) A certificate so granted shall have the same effect as a certificate of competency granted tinderthis Act after examination.

1[49. Power for State Government to declare dangerous goods.--The State Government may, bynotification in the Official Gazette declare what shall, for the purposes of this Act, be deemed to bedangerous goods.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

(1) No person shall--

(a) take with him on board an inland 1[mechanically propelled vessel] any dangerousgoods without giving notice of their nature to the owner or master of the 1[mechanicallypropelled vessel], or

(b) deliver or tender for carriage on such 1[mechanically propelled vessel] anydangerous goods without giving such notice, and without disti nctly marking their natureon the outside of the package containing the goods.

(2) if the owner or master of an inland 1[mechanically propelled vessel] suspects, or hasreason to believe, that any luggage or parcel taken, delivered, or tendered for carriage on the1[mechanically propelled vessel] contains dangerous goods, he may--

(i) refuse to carry it upon the 1[mechanically propelled vessel]; or

(ii) require it to be opened to ascertain the nature of its contents; or

(iii) if it has been received for carriage, stop its transit until he is satisfied as to the nature of itscontents.

1. Subs. by s. 5, ibid., for "steam-vessel" (w.e.f. 1-5-1978).

Where any dangerous goods have been taken or delivered on board anyinland 1[mechanically propelled vessel] in contravention of section 50, the owner or master ofthe 1[Mechanically propelled vessel] may, if he thinks fit, cause the goods to be thrownoverboard together with any package or receptacle in which they ar e contained, and neither theowner nor the master shall, in respect of his having so caused the goods to be thrownoverboard, be subject to any liability, civil or criminal, in any Court.

1. Subs. by s. 5, ibid., for steam-vessel (w.e.f. 1-5-1978).

(1) The State Government may make rules for the protection of inland1[mechanically propelled vessels] against explosion, fire, collision and other accidents.

(2) In particular and without prejudice to the generality of the foregoing power, such rulesmay

(a) prescribe the conditions on and subject to which dangerous goods may be carried on boardinland 2[mechanically propelled vessels];

(b) prescribe precautions to be taken to prevent explosions or fires on board inland2mechanically propelled vessels;

(c) prescribe the apparatus which is to be kept on board inland 2[mechanically propelled vessels],for the purpose of extinguishing fires;

(d) regulate the making of sound signals;

(e) regulate the carriage and exhibition of lights by inland2[mechanically propelledvessels];

(f) regulate the carriage and exhibition of lights by other vessels on specified inland waters onwhich 2[mechanically propelled vessels] ply;

(g) prescribe the steering rules to be observed;

(h) regulate the towing of vessels astern or alongside;

(i) prescribe the speed at which inland 2[mechanically propelled vessels] may be navigated inspecified areas;

(j) regulate the navigation of inland 2[mechanically propelled vessels] to preventdanger to other vessels, or to the bank, channels, navigation marks or any property,movable or immovable, in or abuting on navigable channels.

3[(k) prescribe the requirements that the hull, equipment and machinery of inlandmechanically propelled vessel shall comply with;

(l) prescribe the requirement of life saving appliances; and

(m) prescribe the apparatus required for communication and navigation.]

(3) Any rule made under this section may contain a provision that any person committing abreach of it shall be punishable with imprisonment for a term which may extend to six months,or with fine which may extend to five hundred rupees, or with both.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

2. . Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

3. Ins. by Act 35 of 2007, s. 10 (w.e.f. 21-2-2008).

(1) The State Government may make rules toregulate the carriage of passengers in inland 1[mechanically propelled vessels].

(2) In particular and without prejudice to the generality of the foregoing power, such rulesmay--

(a) prescribe the cases in which passengers may be refused admission to, or may be required toleave, inland 1[mechanically propelled vessels];

(b) provide for the payment of fares, and the exhibition of tickets or receipts (if any)showing the payment of their fares, by passengers in inland 1mechanically propelledvessels; and

(c) regulate generally the conduct of passengers in inland 1[mechanically propelled vessels].

(3) Any rule matte under this section may contain a provision that any person committing a breach ofit shall be punishable with fine which may extend to twenty rupees.

(4) The master or any other officer of an inland 2[mechanically propelled vessel], and anyperson called by him to his assistance, may arrest any person who has committed a breach ofany rule made under this section, if the name and address of such person arc unknown to themaster or such other officer.

(5) The procedure prescribed by 3[section 43 of the Code of Criminal Procedure, 1973(2 of 1974)], in the case of arrest by private persons shall apply to every arrest made under thissection.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).

3. Subs. by s. 24, ibid., for "section 59 of the Code of Criminal Procedure, 1898" (w.e.f. 1-5-1978)

(1) The StateGovernment may also make rules for the protection of passengers in inland 1[mechanically propelledvessels], and may by such rules require--

(a) the prices of passenger tickets to be printed or otherwise denoted on such tickets;and

(b) the supply, free of charge, of a sufficient quantity of fresh water for the use of suchpassengers.

(2) Any rule made under this section may contain a provision that any person committinga breach of it shall be punishable with fine which may extend to fifty rupees.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

1[54A. Power of State Government to fix maximum and minimum rates for passengerfares and freight for goods.--(1) The State Government may, by notification in the OfficialGazette, after such inquiry as it may consider necessary, in respect of any s ystem of inlandwaterways, or of any stretch of inland waterway, or of the run between any two stations on aninland waterway,--

(a) fix the maximum or minimum rate 2[per kilometre] which may be charged forpassenger fares for passengers of any class travelling on inland 3[mechanically propelledvessels];

(b) fix the maximum rate 2[per kilometre] which may be charged for freight on goods of anydescription carried in inland 3[mechanically propelled vessels];

(c) fix the minimum rate 2per kilometre] which may be charged for freight on goods of anydescription carried in inland 3[mechanically propelled vessels]; and

(d) declare what shall be deemed to be the distance between any two stations on aninland waterway for the purpose of calculating passengers fares or freight on goods wheremaximum or minimum rates have been fixed under this section.

(2) The State Government shall not fix any minimum rate under clause (a) or clause (c) ofsub-section (1) in respect of any class of passengers or description of goods carried on anysystem of waterways, or stretch of waterway, or on the run between any two stations on aninland waterway, unless it is satisfied that the rates charged on any inl and 4mechanicallypropelled vessel or group of such vessels in respect of such passengers or goods have beenreduced to such an extent as to disclose an intention to force any other inland 4[mechanicallypropelled vessel] or group of such vessels to cease from carrying such passengers or goods.

5[(3) In case of any dispute relating to the fixation of the maximum or the minimum rate perkilometre which may be charged in respect of any class of passengers or of freight on goods ofany description carried in inland mechanically propelled vessel between any stations lying intwo States, any one of the States may report the matter to the Central Government who shalldecide the same.]

1. Ins. by Act 13 of 1930, s. 2.

2. Subs. by Act 35 of 1977, s. 25, for "per mile" (w.e.f. 1-5-1978).

3. Subs. by s. 5, ibid.. for "steam-vessels" (w.e.f.1-5-1978).

4. Subs. by s. 5, ibid., for "steam-vessel" (w.e.f. 1-5-1978).

5. Ins. by s. 26, ibid. (w.e.f. 1-5-1978).

The State Government may make rules providing for the appointment,constitution, procedure and functions of Committees to advise the owners, agents andcharterers of inland 1[mechanically propelled vessels] on questions affecting the interests.of passengers and shippers of goods.

1. Subs. by s. 5, ibid.. for "steam-vessels" (w.e.f.1-5-1978).

1[ 2[54C. Application of section 134, Chapters X, XI and XII of the Motor Vehicles Act,1988 in relation to the mechanically propelled vessels.--The provisions of section 134,Chapters X, XI and XII of the Motor Vehicles Act, 1988 shall, as far as may be apply, in relationto the mechanically propelled vessels as they apply in relation to motor vehicles, subject to thefollowing modifications, namely:--

(a) in section 134 and throughout in Chapters X, XI and XII,--

(i) references to "motor" or "motor vehicle" or "vehicle" shall be construed asreferences to mechanically propelled vessel";

(ii) references to "public place" shall be construed as references to inland water;

(iii) references to "public service vehicle" shall be construed as references to publicservice vessel";

(iv) references to "goods vehicle" shall be construed as references to goods servicevessel;

(v) references to "State Transport" shall be construed as references to State WaterTransport;

(vi) references to "driver" or "driver" of a "vehicle" shall be construed as references tomaster of a vessel;

(vii) references to "driving licence" shall be construed as references to "a certificategranted under Chapter HI of the Inland Vessels Act, 1917(1 of 1917)";

(viii) references to "permit" shall be construed as references to "a certificate ofregistration granted under section 19F of the Inland Vessels Act, 1917(1 of 1917)" ,

and such other consequential amendments as the rules of grammar may require, shall also bemade;

(b) in section 145,--

(i) after clause (a), the following clause shall be inserted, namely:

'(aa) "goods service vessel" means any mechanically propelled vessel used oradapted to be used for carriage of cargo for hire or reward";;

(ii) after clause (d), the following clause :,hall be inserted, namely:--

'(da) "public service vessel" means any mechanically propelled vessel used oradapted to be used for the carriage of passengers for hire or reward;;

(iii) for clause (e), the following clause shall be substituted, namely:--

'(e) property" includes goods carried in the inland vessel, bridges, landingfacilities, navigation marks and infrastructure;;"

(iv) after clause (f), the following clause shall be inserted, namely:--

"(fa) "route" means a line of travel which specifies the waterway which may betraversed by a mechanically propelled vessel between one terminal and another;;

(c) in section 149, in sub-section (2), in clause (a)--

(i) in sub-clause (i),--

(A) in item (c), for the words "transport vehicle", the words "public service vesselor goods service vessel" shall be substituted;

(B) item (d) shall be omitted;

(ii) in sub-clause (ii), for the words "not duly licensed", the words and figures notholding a certificate granted under Chapter III of the Inland Vessels Act, 1917(1 of1917)" shall be substituted;

(d) in section 158,--

(i) for the words "transport vehicle", wherever they occur, the words "publicservice vessel or goods service vessel" shall be substituted, and such otherconsequential amendments as the rules of grammar may require shall also be made;

(ii) in sub-section (1), for clause (d), the following clause shall be substituted,namely:

"(d) the certificate of survey granted under section 9 of the Inland Vessels Act, 1917(1 of 1917),";

(e) in section 161, in sub-section(3),--

(i) in clause (a), for the words "twenty-five thousand rupees", the words "fiftythousand rupees" shall be substituted;

(ii) in clause (b), for the words "twelve thousand and five hundred rupees", the wordstwenty-five thousand rupees shall be substituted;

(f) in section 165, in sub-section (1), for the words "Motor Accidents Claims Tribunals",the words Inland Vessel Accidents Claims Tribunals shall be substituted.'.]

1. Subs. by Act 35 of 1977, s. 25, for "per mile" (w.e.f. 1-5-1978).

2. Subs. by Act 35 of 2007, s. 11, for "section 54C" (w.e.f. 21-2-2008).

(1) If any inland [mechanicallypropelled vessel] proceeds on a voyage in contravention of sections 3 2[or section 19A], the owner and themaster of the 1[mechanically propelled vessel] shall each be punishable with fine, Which may extend toone thousand rupees.

(2) If the master or any other officer on board an inland 1[mechanically propelled vessel] whichproceeds on a voyage in contravention of section 3 2[or section 19A] is a licensed pilot, he shall be liableto have his licence as a pilot suspended or cancelled, for any period-, by the State Government.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

2. Ins. by Act 26 of 1951, s. 4.

Ifthe certificate of survey is not kept affixed in an inland 1[mechanically propelled vessel] as required bysection. 10, 2[or if the registration mark is not displayed as required by section 19H], the owner and the master of the 3[mechanically propelled vessel] shall each be punishable with fine which may extend toone hundred rupees.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

2. Ins. by s. 5, ibid.

3. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

2[57. Penalty for neglect or refusal to deliver up or surrender certificates of survey orregistration.--If the owner or master of an inland 1[mechanically propelled vessel] without reasonablecause neglects or refuses--

(a) to deliver up a certificate of survey when required under section 14 so to do; or

(b) to ,deliver up a certificate of registration when required under section 19N so to do; or

(c) to surrender a certificate of registration as required by section 190;

he shall be punishable with fine, which may extend to one hundred rupees.]

1. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

2. Subs. by s. 6, ibid., for section 57.

If an inland 1[mechanicallypropelled vessel] has on board or in any part thereof a number of passengers which is greater than thenumber set forth in the certificate of survey as the number of passengers which the vessel or the partthereof is, in the judgement of the surveyor, fit to carry, the owner and the master shall each bepunishable with fine which may extend to 2[one hundred rupees] for every passenger over and above thatnumber.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

2. Subs. by Act 35 of 1977, s. 27, for "ten rupees" (w.e.f. 1 -5-1978).

1[58A. Penalty for carrying excessive quantity of cargo on board.-- If an inland mechanicallypropelled vessel has on board or in any part thereof cargo which is in excess of the cargo set forth in thecertificate of survey as the quantity of cargo which the vessel or the part thereof is, in the judgment of thesurveyor, fit to carry, the owner and the master shall, each, in addition to the penalty to which he may beliable under the provisions of section 58, be punishable 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.]

1. Ins. by s. 28, ibid. (w.e.f. 1-5-1978).

If any person--

(a) proceeds on any voyage in an inland 1[mechanically propelled vessel] as themaster or engineer of such vessel without being at the time entitled to, and possessed of,a masters or serangs or an engineers or engine-drivers certificate 3[or a master's orengine-driver's licence] as the case may be, as required under this Act, or

(b) employs as the master or engineer of an inland 1[mechanically propelled vessel] anyperson without ascertaining that he is at the time entitled to, and possessed of, suchcertificate 2[or licence],

he shall be punishable with fine which may extend to five hundred rupees.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

2. Subs. by s. 6, ibid., for section 57.

3. Ins. by Act 6 of 1920, s. 10.

If any masterwilfully fails to give notice, as required by section 32, of any wreck, abandonment, damage,casualty, or loss, he shall be punishable with fine which may extend to five hundred rupees,and, in default of payment of such fine, with simple imprisonment for a term which mayextend to three months.

If any person,whose certificate is suspended or cancelled under this Act, fails to deliver up the certificate as required by section 46, he shall be punishable with fine, which may extend to five hundredrupees

If any person, in contraventionof section 50, takes with him on board any inland 1[mechanically propelled vessel] anydangerous goods, or delivers or tenders any such goods for carriage on any inland1[mechanically propelled vessel], he shall be punishable with fine which may extend to twohundred rupees, and the goods shall be forfeited to Government.

1. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

1[62A. Punishment for offences relating to accident.--If the master or the driver orother person in charge of the inland mechanically propelled vessel fails to report an accidentin which his vessel is involved as required under Chapter VIA, he shall be punishable withimprisonment for a term which may extend to three months, or with fine which may extend tofive hundred rupees, or with both, or, if having been previously convicted of an offenceunder this section, he is again convicted of an offence under this section, with imprisonmentfor a term which may extend to six months, or with fine which may extend to one thousandrupees, or with both.]

1. Ins. by s. 29, ibid. (w.e.f. 1-5-1978).

1[62B. Penalty for using uninsured mechanically propelled vessel.--If any person uses amechanically propelled vessel or causes or allows a mechanically propelled vessel to be usedwithout a policy of insurance complying with the requirements of Chapter VIA, he shall bepunishable with fine which may extend to one thousand rupees.]

1. Ins. by s. 29, ibid. (w.e.f. 1-5-1978).

1[62C. Penalty for neglect or refusal to give information as to insurance or to producecertificate of insurance.--If any person without reasonable cause neglects or refuses to giveinformation as to insurance or to produce the certificate of insurance under the provisionscontained in Chapter VIA, he shall be punishable with fine which may extend to one hundredrupees.]

1. Ins. by s. 29, ibid. (w.e.f. 1-5-1978).

1[62D. Punishment for offences relating to pollution.--Whoever contravenes any provisionof Chapter VIAB or of any rule made thereunder, shall be punishable with imprisonment whichmay extend to one year, or with fine which may extend to fifty thousand rupees, or with both.]

1. Ins. by Act 35 of 2007, s. 13 (w.e.f. 21-2-2008).

(1) Where an offence under Chapter VIAB has been committed by acompany, every person who, at the time the offence was committed, was in charge of, and wasresponsible to, the company for the conduct of the business of the company, as well as the company shallbe deemed to be guilty of the contravention and shall be liable to be proceeded against and punishedaccordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishmentprovided in this Act, if he proves that the offence was committed without his knowledge or that heexercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under Chapter VIAB hasbeen committed by a company, and it is proved that the offence was committed with the consent orconnivance of, or is attributable to any neglect on the part of, any director, manager, secretary or otherofficer of the company, such director, manager, secretary or other officer shall also be deemed to be guiltyof that offence and shall be liable to be proceeded against and punished accordingly.

Explanation--For the purposes of this section,

(a) "company" means any body corporate and includes a firm or other association of individuals;and

(b) "director", in relation to a firm, means a partner in the firm.

If any person employed or engaged in any capacity on board an inland1[mechanically propelled vessel], by wilful breach or by neglect of duty, or by reason ofdrunkenness--

(a) does any act tending immediately to wreck, destroy or materially damage the vessel,or to endanger the life or limb of any person on board, or belonging to the vessel, or

(b) refuses or omits to do any lawful act proper and requisite to be done by him forpreserving the vessel from immediate wreck, destruction or material damage, or forpreserving any such person from immediate danger to life or limb,

he shall be punishable with fine which may extend to one thousand rupees, or withimprisonment for a term which may extend to two years, or with both.

1. Ins. by s. 30, ibid. (w.e.f. 1-5-1978).

1[63A. Desertion and absence without leave.--If any person employed or engaged in any capacityon board a mechanically propelled vessel commits any of the following offences, he shall be liable to bepunished summarily as follows:--

(a) if he deserts from his mechanically propelled vessel, he shall be guilty of the offenceof desertion and be liable to forfeit all or any of the property he leaves on board of the vesseland 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 him mechanicallypropelled vessel or to proceed on any voyage in his vessel or is absent without leave at anytime within twenty-four hours of the vessel sailing from a port or ghat either at thecommencement or during the progress of a voyage or is absent at any time without leave andwithout sufficient reason from his vessel or from his duty. he shall, if offence does notamount to desertion or is not treated as such by the master, be guilty of the offence ofabsence without leave and be liable to forfeit out of his wages a sum not exceeding twodays' pay and in addition for every twenty-four hours of absence either a sum not exceedingsix days' pay or any expenses properly incurred in hiring a substitute and also toimprisonment which may extend to two months.]

1. Ins. by s. 30, ibid. (w.e.f. 1-5-1978).

1[63B. General offences against discipline.--If any person employed or engaged in anycapacity on board a mechanically propelled vessel commits any of the following offences, heshall be guilty of an offence against discipline and he shall be liable to be punished summarily asfollows:--

(a) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghator port or ghat of delivery, he shall be liable to forfeit out of his wages a sum not exceeding onemonth's pay;

(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty, heshall be liable to forfeit out of his wages a sum not exceeding two da ys' pay;

(c) if he is guilty of continued wilful disobedience to lawful command or continued wilfulneglect of duty, he shall be liable to imprisonment which may extend to one month and alsoto forfeit over every twenty-four hours continuance of disobedience or neglect either a sumnot 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 toimprisonment for a term which may extend to three months or with fine which may extend to fivehundred rupees, or with both;

(e) if he combines with any of the officers to disobey to lawful commands or to neglect duty or toimpede the navigation of the vessel or retard the progress of the voyage, he shall be liable toimprisonment for a term which may extend to three months or with fine which may extend to fivehundred rupees, or with both;

(f) if he wilfully damages his mechanically propelled vessel or commits criminalmisappropriation or breach of trust in respect of or wilful damages to any of her stores orcargo, he shall be liable to forfeit out of his wages a sum equal to the loss sustained andalso imprisonment which may extend to three months.]

1. Ins. by s. 30, ibid. (w.e.f. 1-5-1978).

1[63C. Entry of offence in official log-book.--If any offence within the meaning of this Actof desertion or absence without leave or against discipline is committed or if any act ofmisconduct is committed for which the offenders agreement imposes fine and it is intended toenforce the fine,--

(a) an entry of the offence or acts shall be made in the official log-book and signed by themaster and one of the persons employed or engaged in any capacity on board of the mechanicallypropelled vessel;

(b) the offender shall be furnished with a copy of the entry and have the same read overdistinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;

(c) a statement of a copy of the entry having been so furnished and entry having been so readover and the reply, if any. made by the offender shall likewise be entered and signed in the manneraforesaid;

(d) in any subsequent legal proceedings the entries by this section required shall, ifpracticable, be produced or proved, and, in default of such production or proof, the courthearing the case may in its discretion refuse to receive evidence of the offence or act ofmisconduct.]

1. Ins. by s. 30, ibid. (w.e.f. 1-5-1978).

1[ ,2[63D.] General provision for punishment of offences not otherwise provided for.--Ifany person contravenes any of the provisions of this Act for which no other penalty is providedin this Act, he shall be punishable with fine which may extend to two hundred rupees.]

1. Ins. by Act 26 of 1951, s. 7.

2. Section 63A renumbered as section 63D thereof by Act 35 of 1977, s. 30 (w.e.f. 1-5-1978).

Where theowner or master of an inland 2[mechanically propelled vessel] is convicted of an offenceunder this Act or any rule made thereunder committed on board, or in relation to, that1[mechanically propelled vessel], and is sentenced to pay a fine, the Magistrate who passesthe sentence may direct the amount of the fine to be levied by distress and sale of the1[mechanically propelled vessel] and the tackle, apparel and furniture thereof, or so muchthereof as is necessary.

1. Ins. by Act 26 of 1951, s. 7.

2. Subs. by Act 35 of 1977, s. 5, for "steam-vesse1" (1-5-1978).

Except in the case of an offence against any rule madeunder section 53, no Magistrate shall try an offence under this Act, or any rule madethereunder, unless he is a Presidency Magistrate, or a Magistrate whose powers are not lessthan those of a Magistrate of the first class.

If any person commits an offence against this Act or any rule madethereunder, he shall be triable for the offence in any place in which he may be found or whichthe State Government, by notification in the Official Gazette, appoints in this behalf, or in anyother place in which he might be tried under any other enactment for the time being in force.

(1) The State Government may, makerules to carry out the purposes of this Act not otherwise specially provided for.

(2) Any rule made under this section may contain a provision that any person committinga breach of it shall be punishable with imprisonment for a term which may extend to sixmonths, or with fine which may extend to five hundred rupees, or with both.

The State Government may, 1 by notification in theOfficial Gazette, declare that all or any of the provisions of 2[Chapters II, IIA and III] shall not apply in the case of any specified class of 3[mechanically propelled vessels], or shall apply tothem with such modifications as may be specified in the notification,,

1. The words "with the previous sanction of the G.G. in C." rep. by the A.O. 1937.

2. Subs. by Act 26 of 1951, s. 8, for "Chapters II and III".

3. Subs. by Act 35 of 1977, s. 5, for "steam-vessels" (w.e.f. 1-5-1978).

1[69. Exemption to Government vessels from fees.--The State Government may, by notificationin the Official Gazette, exempt all or any mechanically propelled vessel belonging to or in the serviceof Government from payment of any fees payable by or under this Act.]

1. Subs. by s. 31, ibid., for section 69 (w.e.f. 1-5-1978).

The 1[Central Government] may, bynotification in the Official Gazette, define how much of any tidal water shall be deemed to be an inlandwater for the purposes of this Act.

2

1. Subs. by Act 38 of 1950, s. 2, for "State Government".

2.The proviso omitted by Act 38 of 1950, s. 2.Earlier inserted by the A.O. 1937.

All fees payable under this Act may be recovered as fines under thisAct.

(1) Subject to the provisions of section 31, every master of an inland1[mechanically propelled vessel] who possesses a masters certificate granted under this Act and inforce 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 1[mechanically propelled vessel] of which he isin charge.

2

1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w,e.f. 1-5-1978).

2. Sub-section (2) omitted by the A.O. 1948

1[72A. Endorsement of certificates and licences granted in Bangladesh.--Any certificate orlicence granted by the 2[Government 3[of Bangladesh]] in accordance with the provisions of any lawlaw for the time being in force in 10[that country], corresponding to the provisions of Chapter II orChapter III of this Act may, on payment of the fees prescribed for the grant of a similar certificate orlicence under this Act, be endorsed by--

(a) the Government of any State in India, or

(b) with the general or special sanction of the Government of such State, by anyauthority competent to grant a similar certificate or licence under this Act,

and upon any such certificate or licence being so endorsed, it shall have effect as if it had been grantedunder this Act.]

1. Ins. by Act 58 of 1949, s. 2.

2. These words shall stand unmodified, vide the A.O. 1950.

3. Subs. by Act 35 of 1977, s. 32, for "of a province in Pakistan" (w.e.f 1-5-1978).

4. Subs. by s. 32, ibid., for "that Dominion" (w.e.f. 21-2-2008).

[Application of Act to vessels propelled by electricity or other mechanical power.]Omitted by the Inland Steam-Vessels (Amendment) Act, 1977 (35 of 1977), s. 33 (w.e.f. 1-5-1978).

(1) The power to make rules conferred 1[on the CentralGovernment or a State Government] by this Act is subject to the condition of the rules beingmade after previous publication.

(2) All such rules shall, when made, be published in the Official Gazette, an d shallthereupon have effect as if enacted in this Act.

2[(3) Every rule made by the Central Government under this Act shall be laid, as soon asmay be after it is made, before each House of Parliament. while it is in session, for a totalperiod 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 thesuccessive sessions aforesaid, both Houses agree in making any modification in the rule orboth Houses agree that4he rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity of a nything previouslydone under that rule.]

3[(4) Every rule made by the State Government under this Act shall be laid, as soon as maymay be after it is made, before the State Legislature.]

1. Subs. by Act 35 of 1977, s. 34, for "on a State Government" (w.e.f. 1-5-1978).

2. Ins. by s. 34, ibid. (w.e.f 1-5-1978).

3. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).

1[75. Repeal and saving.--(1) If immediately before the day on which this Act comes intoforce in 2[the territories which, immediately before the 1st November, 1956, were comprised ina Part B State], there is in force in 3[those territories] any law which corresponds to this Act,such corresponding law shall, on that day, stand repealed.

(2) Notwithstanding such repeal, anything done or any action taken in the exercise of anypowers conferred by such corresponding law shall be deemed to have been done or taken inthe exercise of the powers conferred by this Act, and any penalty incurred or proceedingcommenced under such corresponding law shall be deemed to be a penalty incurred orproceeding commenced under this Act, as if this Act were in force on the day on which suchthing was done, action taken, penalty incurred, or proceeding commenced.]

1. Ins. by Act 26 of 1951, s. 9. The original s. 75 was rep. by Act 12 of 1927, s. 2 and Sch.

2. Subs. by the A.O. (No. 3) 1956, for "a Part B State".

3. Subs., ibid., for "that State".