Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Inland Vessels Act

Download as pdf or txt
Download as pdf or txt
You are on page 1of 43

SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.

Page 1 Friday, September 30, 2022


Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

The
Inland Vessels Act, 1917
(Inland Vessels Act, 1917)
[Act 1 of 19171]
[7th February, 1917]

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title and extent

2. Definitions

CHAPTER II

SURVEY OF INLAND MECHNICALLY PROPELLED VESSELS

3. Inland mechanically propelled vessel not to proceed on voyage or to be used for


service without certificate of survey

4. Appointment of surveyors and places, of survey

5. Powers of surveyors

6. Fees in respect of surveys

7. Declaration of surveyor

8. Sending of declaration by owner or master to State Government

9. Power for State Government to grant or authorise the grant of certificates of survey

9-A. Temporary permit

10. Certificate of survey to be affixed in conspicuous part of mechanically propelled


vessel

10-A. Effect of certificates of survey

11. Term of certificates of survey

12. Renewal of certificates of survey

13. Power for State Government to suspend or cancel certificate of survey

14. Power for State Government to require delivery of expired or cancelled certificate

15. Report of suspension or cancellation of certain certificates


SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 2 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

16. Power for State Government to direct survey by two surveyors

17. Power for State Government to order a second survey

18. Division of duties when two surveyors employed

19. Power for State Government to make rules as to surveys

CHAPTER II-A

REGISTRATION OF INLAND MECHANICALLY PROPELLED VESSELS

19-A. Inland mechanically propelled vessels not to proceed on voyage or be used for
service without certificate of registration

19-B. Place of registry and, registering authorities

19-C. Book of registration

19-D. Application for registration

19-E. Places of registration

19-F. Grant of certificate of registration

19-G. Automatic registration of inland steam-vessels registered under the Merchant


Shipping Acts

19-H. Marking of inland mechanically propelled vessels

19-I. Prohibition against transfer of certificate of registration

19-J. Registration of alterations

19-K. Transfer of registry

19-L. Change of residence or place of business

19-M. Prohibition against transfer of ownership of registered vessel

19-N. Suspension of certificates of registration

19-O. Cancellation of registration

19-P. Appeals

19-Q. Reciprocity

19-Q-A. Mortgage of mechanically propelled vessel or share

19-R. Power to make rules

19-S. Certain certificates issued under Merchant Shipping Act to be valid under this
Act

CHAPTER III
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 3 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

MASTERS INCLUDING SERANGS AND ENGINEERS INCLUDING ENGINE-DRIVERS OR


INLAND MECHANICALLY PROPELLED VESSELS]

20. Appointment of examiners

21. Grant of masters', serangs', engineers', and engine-drivers' certificates of


competency

22. Grant of masters', serangs', engineers' and engine-drivers' certificates of service

22-A. Licences

23. Certificates to be made in duplicate

24. Copy of certificate or licence to he granted in certain cases

25. Certificates to be held by master and engineer of vessel of one hundred or more
horsepower

26. Certificates to be held by master and engineer of vessel of between forty and one
hundred horse-power

27. Certificates to be held by master and engineer of vessel of less than forty horse
power

28. Power for State Government to require Master or engineer to hold certificate
granted under Act in addition to other certificate

29. Power for State Government to make rules as to grant of certificates of


competency

30. Power for State Government to make rules as to grant of certificates of service

30-A. Power for State Government to make rules as to grant' of licences

31. Effect of certificates of competency or service and licences

CHAPTER IV

INVESTIGATIONS INTO CASUALTIES

32. Report of casualties to be made to nearest police-station

33. Power for State Government to appoint Court of investigation

34. Power of Court of investigation to inquire into charges of incompetency or


Misconduct

35. Power for State Government to direct investigation otherwise than under Section
33

36. Person charged to he heard

37. Assessors

38. Powers of Court as to evidence and regulation of proceedings


SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 4 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

39. Power of Court to effect arrest of witnesses by entry and detention of vessels

40. Power of Court to commit for trial and to bind over witnesses

41. Depositions of absent witnesses

42. Report by Court to State Government

43. Court to exercise its powers independently of the assessors

44. Power for State Government to direct investigations into causes of explosions on
mechanically propelled vessels

CHAPTER IV-A

REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION

44-A. Raising of or removal of wreck impeding navigation, etc.

44-B. Removal of obstruction in inland water

44-C. Recovery of expenses of removal

44-D. Removal of lawful obstruction

44-E. Fouling of Government moorings

CHAPTER V

SUSPENSION AND CANCELATION OF CERTIFICATES GRANTED UNDER THE ACT

45. Power for State Government to suspend or cancel certificates in certain cases

46. Obligation to deliver up suspended or cancelled certificate

47. Report to other State Government

48. Power for State Government to revoke suspension or cancellation, and to grant
new certificate

CHAPTER VI

PROTECTION OF, AND CARRIAGE OF PASSENGERS IN, INLAND MECHANICALLY


PROPELLED VESSELS

49. Power for State Government to declare dangerous goods

50. Carriage of dangerous goods

51. Power of owner or master of mechanically propelled vessel to throw overboard


dangerous goods

52. Power for State Government to make rules for protection of inland mechanically
propelled vessels from accidents

53. Power for State Government to make rules as to carriage of passengers in inland
mechanically propelled vessels
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 5 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

54. Power for State Government to make rules for protection of passengers

54-A. Power of State Government to fix maximum and minimum rates for passenger
fares and freight for goods

54-B. Power to make rules providing for the appointment of Advisory Committees

CHAPTER VI-A

INSURANCE OR MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS

54-C. Application of Section 134, Chapters X, XI and XII of the Motor Vehicles Act,
1988 in relation to the mechanically propelled vessels

CHAPTER VI-AB

PREVENTION AND CONTROL OF POLLUTION AND PROTECTION OF INLAND WATER

54-D. Definitions

54-E. Prohibition as to discharge of oil, oil mixture, etc., in the inland water

54-F. Reception facilities at inland port, etc.

54-G. Power of entry inspection, etc.

54-H. Powers of Central Government to make rules for prevention and control of
pollution

CHAPTER VII

PENALTIES AND LEGAL PROCEEDINGS

55. Penalty for making voyage without certificate of survey

56. Penalty for neglect to affix certificate of survey in inland mechanically propelled.
vessel

57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or


registration

58. Penalty for carrying excessive number of passengers on board

58-A. Penalty for carrying excessive quantity of cargo on board

59. Penalty for serving, or engaging a person to serve, as master or engineer, without
certificate

60. Penalty for master failing to give notice of wreck or casualty

61. Penalty for failing to deliver up suspended or cancelled certificate

62. Penalty for taking or delivering or tendering for carriage dangerous goods on board
inland mechanically propelled vessel without notice

62-A. Punishment for offences relating to accident


SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 6 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

62-B. Penalty for using uninsured mechanically propelled vessel

62-C. Penalty for neglect or refusal to give information as to insurance or to produce


certificate of insurance

62-D. Punishment for offences relating to pollution

62-E. Offences by companies

63. Penalty for misconduct or neglect endangering inland mechanically propelled


vessel or life or limb

63-A. Desertion and absence without leave

63-B. General offences against discipline

63-C. Entry of offence in official log-book

63-D. General provision for punishment of offences not otherwise provided for

64. Levy of fine by distress of inland mechanically propelled vessel

65. Jurisdiction of Magistrates

66. Place of trial

CHAPTER VIII

SUPPLEMENTAL

67. Power for State Government to make general rules

68. Power for State Government to modify application of Act to certain inland
mechanically propelled vessels

69. Exemption to Government vessels from fees

70. Power for Central Government to define tidal water

71. Fees recoverable as fines

72. Certificated masters of inland mechanically propelled vessels to be deemed pilots


under Section 31 of Act 15 of 1908

72-A. Endorsement of certificates and licences granted in Bangladesh

73. Application of Act to vessels propelled by electricity or other mechanical power

74. Publication of rules

75. Repeal and saving

SCHEDULE I

SCHEDULE II

———
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 7 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

Inland Vessels Act, 1917


[Act 1 of 19171 ] [7th February,
1917]
An Act to consolidate the enactments relating to2 [Inland Vessels]
Whereas it is expedient to consolidate the enactments relating to 3 [inland vessels];
It is hereby enacted as follows:—
Chapter I
PRELIMINARY
1. Short title and extent.—(1) This Act may be called the 4 [Inland Vessels] Act,
1917.
5 [(2) It extends to the whole of India except the State of Jammu and Kashmir:

6 [* * *]

2. Definitions.—7 [1] In this Act, unless there is anything repugnant in the subject
or context.—
8 [(a)
“inland vessel” or “inland mechanically propelled vessel” means a
mechanically propelled vessel, which ordinarily plies on inland water, but does
not include fishing vessel and a ship registered 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 the Central Government under Section 70,
(iii) waters declared by the Central Government to be smooth and partially
smooth waters under 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 part by electricity, steam or other mechanical power including
dumb vessel towed by mechanically propelled vessel and vessel propelled by
outboard motor;]
9 [(d)] “passenger” includes any person carried in a 10 [mechanically propelled

vessel] other than the master and crew and the owner, his family and
servants;
11 [(e)] “prescribed” means prescribed by any rule under this Act;

12
[* * *]
13
[(f)] “survey” means the survey of a 14 [mechanically propelled vessel] under
this Act;
15 [(g)] “surveyor” means a surveyor appointed under this Act; and

16
[(ga) “tidal water” has the meaning assigned to it in clause (49) of Section 3 of
the Merchant Shipping Act, 1958 (44 of 1958);]
17
[(h)] “voyage” includes the plying of a 18 [mechanically propelled vessel] at or
about any place,
19
[(2) Any reference to the Inland Steam-vessels Act, 1917 (1 of 1917), in any law
for the time being in force or in any instrument or other document shall be construed
as a reference to the Inland Vessels Act, 1917].
Chapter II
SURVEY OF INLAND 20 [MECHNICALLY PROPELLED VESSELS]
3. Inland mechanically propelled vessel not to proceed on voyage or to be used for
service without certificate of survey.—(1) An inland 21 [mechanically propelled vessel]
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 8 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

shall not proceed on any voyage, or be used for any service unless she has a certificate
of survey in force 22 [in the zone intended for for operation and applicable to such
voyage or service in such zone].
(2) Nothing in this section shall apply to any 23 [mechanically propelled vessel]
proceeding on a voyage during the interval between the time at which her certificate
of survey expires and the time at which it is first practicable to have the certificate
renewed:
24 [Explanation.—For the purpose of this sub-section, “zone” means any such inland

water area as the State Government may, depending on the maximum significant
wave height criteria, by notification in the Official Gazette, specify for the purpose of
this Act.]
4. Appointment of surveyors and places, of survey.—(1) The State Government
may, by notification in the Official Gazette,—
(a) declare such places, within the territories under its administration, as it
thinks fit, to be places of survey, and
(b) appoint so many persons to be surveyors at the said places as it thinks fit,
for the purposes of this Act.
(2) Every surveyor shall, for the purposes of any survey made by him, be deemed
to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
5. Powers of surveyors.—(1) For the purposes of a survey, the surveyor may, at any
reasonable time, go on board any inland 25 [mechanically propelled vessel], and may
inspect the 26 [mechanically propelled vessel] and every part thereof, including the
hull, boilers, engines and other machinery, and all equipments and articles on board:
Provided that he shall not unnecessarily hinder the loading or unloading of the 27
[mechanically propelled vessel], or unnecessarily detain or delay her from proceeding
on any voyage.
(2) The owner, master and officers of the 28 [mechanically propelled vessel] shall
afford to the surveyor all reasonable facilities for a survey, and all such information
respecting the 29 [mechanically propelled vessel], and her machinery or any part
thereof, and all equipments and articles on board, as he may require for the purposes
of a survey.
6. Fees in respect of surveys.—Before a survey is commenced, the owner or master
of the 30 [mechanically propelled vessel] to be surveyed shall pay to such officer as the
State Government may, by notification in the Official Gazette, appoint in this behalf—
(a) a fee calculated on the tonnage of the 31 [mechanically propelled vessel]
according to the rates mentioned 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,
Madras 32 [or Bombay], such additional fee in respect of the expense (if any) of
the journey of the surveyor to the place as the State Government may by such
notification direct.
7. Declaration of surveyor.—When the survey of a 33 [mechanically propelled vessel]
is completed, if the surveyor making it is satisfied that—
(a) the hull, boilers, engines and other machinery of the 34 [mechanically
propelled vessel] arc sufficient for the voyage or service intended and in good
condition, and
(b) the equipments of the 35 [mechanically propelled vessel] and the certificates
of the master and engineer are such and in such condition as arc required by
any law for the time being in force and applicable to the 36 [mechanically
propelled vessel],
the surveyor shall forthwith give to the owner or master a declaration in the prescribed
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 9 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

form containing 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 other
machinery and equipments of the 37 [mechanically propelled vessel] will be
sufficient;
(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and
other machinery or equipments, the 38 [mechanically propelled vessel] is in the
surveyor's judgment not fit to ply;
(iii) the number of passengers (if any) which the 39 [mechanically propelled
vessel] is, in the judgment of the surveyor, fit to carry, specifying, if
necessary, the respective numbers to 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; 40 [* * *]
41 [(iiia)
the nature and quantum of cargo which the mechanically propelled
vessel is, in the judgment of the surveyor, fit to carry; and]
(iv) any other prescribed particulars.
8. Sending of declaration by owner or master to State Government.—(1) The owner
or master of a 42 [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 as the 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 shall forfeit a sum not exceeding five rupees for every day during which the
sending of the declaration is delayed.
9. Power for State Government to grant or authorise the grant of certificates of
survey.—(1) The State Government shall, if satisfied that all the provisions of this Act
have 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
43 [mechanically propelled vessel] to which the certificate relates.

(2) On application made by the owner or master to such officer at the place of
survey as the State Government may, by notification in the Official Gazette, appoint in
this behalf, and on payment to such officer by the owner or master of the sum (if any)
forfeited by him under Section 8, sub-section (2) (the actual amount of which within
the limit thereby fixed shall be determined by the State Government), the certificate,
in duplicate, so prepared shall be granted to 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
contain a statement to the effect that all the provisions of this Act with respect to the
survey of the 44 [mechanically propelled vessel] and the declaration of survey have
been complied with, and shall set forth—
(a) the particulars concerning the 45 [mechanically propelled vessel] mentioned in
the declaration 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
any person 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
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 10 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

the grant of a certificate of survey by the surveyor who made the declaration of survey
under Section 7.
46
[9-A. Temporary permit.—The surveyor who conducted the survey may, without
following the procedure laid down in Section 9, grant a permit to be effective for a
period which shall not in any case exceed forty-five days, to authorise the inland
mechanically propelled vessel to proceed on voyage or use it service temporarily
pending the issue of the certificate of survey.]
10. Certificate of survey to be affixed in conspicuous part of mechanically propelled
vessel.—The owner or master of every 47 [mechanically propelled vessel], for which a
certificate of survey has been granted, shall forthwith, on the receipt of the certificate,
cause one of the duplicates thereof to be affixed and kept, affixed so long as it remains
in force and the 48 [mechanically propelled vessel] is in use, on some conspicuous part
of the 49 [mechanically propelled vessel] where it may be easily read by all persons on
board.
50 [10-A. Effect of certificates of survey.—A certificate of survey shall have effect

throughout the State in which it was granted:


Provided that such a certificate may be endorsed by the State Government of any
other State, or with the general or special sanction of the State Government of that
other State, by the authority granting it, so as to have effect in that other State or any
part thereof, and, if so endorsed shall have effect accordingly.]
11. Term of certificates of survey.—A certificate of survey shall not be in force 51 [in
any State]—
(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 52
[mechanically propelled vessel] to which the certificate relates have been
stated in the certificate to be sufficient; or
(c) after notice has been given 53 [by the State Government of the State in which
it was by granted], to the owner or master of such 54 [mechanically propelled
vessel], that such State Government has cancelled or suspended it.
55
[A certificate of survey shall not be in force in any State by virtue of any
endorsement in respect of that State, after notice has been given by the State
Government of that State, to the owner or master of a 56 [mechanically propelled
vessel], that that Government has cancelled or suspended the endorsement.]
12. Renewal of certificates of survey.—After a certificate of survey has ceased to be
in force, the same shall only be renewed after a fresh survey of the 57 [mechanically
propelled vessel] to which the certificate relates, has been held in accordance with the
provisions of this Chapter, save so far as any relaxation thereof may be prescribed.
13. Power for State Government to suspend or cancel certificate of survey.—58 [A
certificate of survey or any endorsement thereon made under Section 10-A may be
suspended or cancelled by the Government of the State in which the certificate was
granted or in respect of which the endorsement was 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] has been 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, or any of the equipments of the 59 [mechanically propelled vessel]
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 11 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

have sustained any material injury, or have otherwise become insufficient.


14. Power for State Government to require delivery of expired or cancelled
certificate.—The State Government may require any certificate of survey, which has
expired or has 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.
60
[Where an endorsement on any certificate of survey for any State has been
suspended or cancelled, the State Government of that State may require the
certificate of survey to be delivered up to such officer as that Government may by
notification in the Official Gazette appoint in this behalf, in order that particulars of the
suspension or cancellation of the endorsement may be noted on the certificate.]
15. Report of suspension or cancellation of certain certificates.—61 [If a State
Government suspends or cancels endorsement made under Section 10-A on a
certificate of survey, it] shall report the fact of suspension or cancellation, together
with the reasons therefor to the State Government which (or whose delegate) granted
the certificate.
16. Power for State Government to direct survey by two surveyors.—A survey shall
ordinarily be made by one surveyor, but two surveyors may be employed if the State
Government, by order in writing, so directs either generally in the case of all 62
[mechanically propelled vessels] at any place of survey, or specially in the case of any
particular 63 [mechanically propelled vessels] or class of 64 [mechanically propelled
vessels] at any such place.
17. Power for State Government to order a second survey.—(1) If the surveyor
making a survey of 65 [mechanically propelled vessel] refuses to give a declaration
under Section 7 with regard to the 66 [mechanically propelled vessel], or gives a
declaration with which the owner or master of the 67 [mechanically propelled vessel] is
dissatisfied the State Government may, on the application of the owner or master, and
the payment by him of such fee, not exceeding twice the amount of the fee payable
for the previous survey, as the State Government may require, direct two other
surveyors to survey the 68 [mechanically propelled vessel].
(2) The surveyors so directed shall forthwith survey the 69 [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 be final.
18. Division of duties when two surveyors employed.—When a survey is made by
two surveyors under either Section 16 or Section 17, each of the surveyors shall
perform the prescribed portion of the duties assigned to a surveyor under this Act or
the rules made thereunder.
19. Power for State Government to make rules as to surveys.—(1) The State
Government may 70 [* * *] make rules to regulate the making of surveys.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may prescribe—
(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 be
framed, 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
fees payable in respect of surveys arc to be calculated in the case of all or any
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 12 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

of the places of survey 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 a new certificate.
71 [Chapter II-A

REGISTRATION OF INLAND 72 [MECHANICALLY PROPELLED VESSELS]


19-A. Inland mechanically propelled vessels not to proceed on voyage or be used
for service without certificate of registration.—(1) An inland 73 [mechanically propelled
vessel] shall not proceed on any voyage or be used for any service, unless it has a
certificate of registration in force in respect thereof and granted under this Act.
(2) Nothing in this section shall—
(a) apply to any 74 [mechanically propelled vessel] built at any place other than a
place of registry and 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.
19-B. Place of registry and, registering authorities.—(1) The State Government
may, by notification in the Official Gazette—
(a) declare such places within the territories under its administration as it thinks
fit to be places of registry; 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 any
registration made by him, be deemed to be a public servant within the meaning of the
Indian Penal Code (45 of 1860).
19-C. Book of registration.—At every place of registry, a book shall be kept by the
registering authority in which all the particulars contained in the form of the certificate
of registration shall be duly entered and such registering authority shall, immediately
after registering any inland 75 [mechanically propelled vessel] or within one month at
the furthest, send to the State Government a true and exact copy, together with the
number, of every certificate which shall be so granted by it.
19-D. Application for registration.—An application for registration of an inland 76
[mechanically propelled vessel] shall be made by the owner or master of the vessel in
such form and shall contain such particulars as may be prescribed and shall be
accompanied by a copy of the certificate of survey in force issued in respect of the
vessel.
19-E. Places of registration.—(1) Every application for registration shall be made to
a registering authority within the local limits of whose jurisdiction the owner of the
inland 77 [mechanically propelled vessel] ordinarily resides or carries on business.
(2) Where the owner applying for a certificate of registration is a company 78 [within
the meaning of Section 3 of the Companies Act, 1956 (1 of 1956)], the application
may be made to a registering authority within the local limits of whose jurisdiction the
principal office of the company is situate.
(3) Notwithstanding anything contained in this section, an inland 79 [mechanically
propelled vessel] may be registered by a registering authority in any State, although
the owner does not ordinarily reside or carry on business in that State or, if a
company, the principal place of business of the company is not situate in that State:
Provided that the Government of the State in which the owner ordinarily resides or
carries on business, or in the case of a company the Government of the State where
the principal place of business of the company is situate, has accorded its previous
approval thereto.
19-F. Grant of certificate of registration.—(1) If, in respect of any inland 80
[mechanically propelled vessel], the registering authority, after making such inquiry as
it thinks fit, is satisfied that the provisions of this Act or of any rules made thereunder
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 13 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

have been complied with, it shall grant to the applicant therefor a certificate of
registration comprising such particulars as may be prescribed on payment of the
prescribed fee.
(2) A registering authority may refuse to register an inland 81 [mechanically
propelled vessel], if she is found to be mechanically defective, or if the applicant fails
to furnish satisfactory evidence in support of any of the statements made in his
application:
Provided that where the registering authority refuses to register any inland 82
[mechanically propelled vessel], it shall furnish to the applicant a statement in writing
containing the reasons for such refusal.
19-G. Automatic registration of inland steam-vessels registered under the Merchant
Shipping Acts.—[Omitted by the Inland Steam-Vessels (Amendment) Act, 1977 (35 of
1977), S. 9, (w.e.f. 1-5-1978)].
19-H. Marking of inland mechanically propelled vessels.—Where an inland 83
[mechanically propelled vessel] has been registered under this Chapter, the
registering authority shall assign to the vessel, to be displayed thereon conspicuously
in the prescribed manner, a distinguishing mark, hereinafter in this Act referred to as
the registration mark.
19-I. Prohibition against transfer of certificate of registration.—(1) A certificate of
registration granted in respect of any inland 84 [mechanically propelled vessel] shall be
used only for the lawful navigation of that vessel.
(2) A certificate of registration in respect of an inland 85 [mechanically propelled
vessel] issued by a registering authority in one State shall be valid for that State only,
but where any such vessel plies in 86 [inland waters of any other State], nothing in this
section shall be deemed to require the owner or master of the vessel to obtain a fresh
certificate of registration in relation to the State or States in which the vessel is not so
registered:
87 [* * *]

88
[(3) When an inland mechanically propelled vessel registered in one State has
been kept in another State for a period exceeding 89 [thirty-six months], the owner or
master of the vessel shall make an application under Section 19-K to the registering
authority, within whose jurisdiction the vessel then is, for the transfer of registry from
the registering authority of the place where the vessel is registered.]
19-J. Registration of alterations.—(1) When an inland 90 [mechanically propelled
vessel] is so altered as not to correspond with the particulars relating to her or the
description entered in the certificate of registration, then the owner of the vessel shall,
within such period as may be prescribed, make a report of such alteration to the
registering authority of the place where the vessel is registered.
(2) The report under sub-section (1) shall be made in such form and shall contain
such particulars with respect to the alteration as may be prescribed and shall be
accompanied by the 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
payment of the prescribed fee, shall either cause the alteration to be registered or
direct that the vessel be registered anew:
Provided that where the registering authority directs that the vessel be registered
anew, it shall either grant a provisional certificate describing the vessel as altered or
provisionally endorse the particulars of the alteration on the existing certificate.
(3) Any provisional certificate granted or endorsement made under the provisions of
this section shall be valid for a period of one month from the date thereof, within
which period the owner shall cause all necessary steps to be taken to have the vessel
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 14 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

registered anew.
19-K. Transfer of registry.—(1) The registry of an inland 91 [mechanically propelled
vessel] may be transferred from one place in a State to another place in another State
on the application by the owner or master of the vessel to 92 [the registering authority
of the State in which the vessel is kept].
(2) On receipt of such application, the registering authority shall transmit notice
thereof to 93 [the registering. authority of the place where the vessel is registered].
94 [(3) The certificate of registration in respect of the vessel shall be delivered up to

the registering authority of the intended place of registry along with the application.
(4) On receipt of the application under sub-section (1) and the prescribed fee, if
any, the registering authority of the intended place of registry shall enter in its register
book all the particulars relating to the vessel and grant a fresh certificate of
registration in respect of the vessel and thenceforth such vessel shall be considered as
registered at the new place of registry.
(5) A State Government may make rules under Section 19-R requiring the owner or
master of an inland mechanically propelled vessel not registered within the State
which is brought into or is, for the time being in the State, to furnish to a prescribed
authority in the State such information with respect to the inland mechanically
propelled vessel and its registration as may be prescribed.]
19-L. Change of residence or place of business.—(1) If the owner of an inland 95
[mechanically propelled vessel] ceases to reside or carry on business at the address
recorded in the certificate of registration of the vessel, he shall, within thirty days of
the change of address, intimate his new address to the registering authority by which
the certificate of registration was granted, or, if the new address is within the
jurisdiction of another registering authority, to that registering authority, and shall at
the same time forward the certificate of registration 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 any such entry, it shall communicate the new address to the original
registering authority.
19-M. Prohibition against transfer of ownership of registered vessel.—(1) An inland
96 [mechanically propelled vessel] registered under this Act in one State shall not be

transferred to a person resident in another State in India or in any country outside


India, without the previous approval of the Government of the State in which the
vessel is registered:
Provided that where an inland 97 [mechanically propelled vessel] is 98 [registered or
deemed to be registered under the Merchant Shipping Act, 1958 (44 of 1958)], this
sub-section shall have effect as if for the words “the Government of the State in which
the vessel is registered” the words “the Central Government” had been substituted.
(2) Subject to the provisions of sub-section (1), the owner of an inland 99
[mechanically propelled vessel] registered under this Act and the transferee thereof
shall, within thirty days of the transfer of ownership of the said vessel to the
transferee, jointly make a report of the transfer to the registering authority within the
local limits of whose jurisdiction the transferee resides or carries on business and shall
also forward the certificate of registration to that registering authority, together with
the prescribed fee, in order that particulars of the transfer of ownership may be
entered thereon.
19-N. Suspension of certificates of registration.—(1) A registering authority may
suspend, for such period and subject to such conditions as it thinks fit, the certificate
of registration of an inland 100 [mechanically propelled vessel], if it has reason to
believe that after the granting of the certificate the vessel has become unfit to ply in
inland waters.
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 15 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(2) Where the registration of an inland 101 [mechanically propelled vessel] is


suspended under sub-section (1) for a period of not less than one month, the
registering authority ordering the suspension shall, if it is not the original registering
authority, inform that other authority of the fact of such suspension.
(3) The registering authority suspending the certificate may require the owner or
master of the vessel to deliver up the certificate so suspended to itself or, if it is not
the original registering authority, to that other authority.
(4) A certificate of registration surrendered under this section shall be returned to
the owner when the order suspending the certificate has been rescinded or has ceased
to operate.
19-O. Cancellation of registration.—(1) If an inland 102 [mechanically propelled
vessel] has been destroyed or has been rendered permanently unfit for service, the
owner of the vessel shall, with the least practicable delay, report the fact to the
registering authority of the place where the vessel is registered and shall also forward
to that authority, along with the report, the certificate of registration of the vessel and
thereupon the registering authority shall have the certificate of registration cancelled.
(2) Any registering authority may at any time require that any inland mechanically
propelled vessel within the local limits of its jurisdiction may be inspected by such
authority as the State Government may, by general or special order, appoint in this
behalf and, if as a result of such inspection, the registering authority is satisfied that
the vessel is in such a condition that it is not fit to ply in any inland water, the
registrering authority may, after giving the owner of the vessel an opportunity of being
heard, cancel the registration of the vessel and require the owner thereof to surrender
forthwith to the registering authority, the certificate of registration in respect of that
vessel, if it has not already been so surrendered.
19-P. Appeals.—(1) Any person aggrieved by an order—
(a) refusing to register any inland 103 [mechanically propelled vessel] under
Section 19-F; or
(b) suspending a certificate of registration under Section 19-N; 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 the State Government.
(2) The State Government shall cause notice of every such appeal to be given to the
registering authority concerned in such manner as may be prescribed, and after giving
an opportunity to that authority and to the appellant to be heard shall pass such order
thereon as it thinks fit.
19-Q. Reciprocity.—Where the Central Government is satisfied that by the law or
practice of any country outside India, inland 104 [mechanically propelled vessels]
having a certificate of registration in force under this Act—
(a) obtain by reason of such registration any special exemption in that country
while plying in the inland waters thereof, or
(b) are required as a condition of plying in the inland waters of that country to
comply with any special requirement, whether by way of registration anew or
payment of a fee or otherwise,
the Central Government may, by notification in the Official Gazette, for the purpose of
reciprocity, direct that the same exemption or requirement, or an exemption or a
requirement as similar thereto as may be, be granted to, or imposed upon, inland 105
[mechanically propelled vessels] registered in that country while plying in the inland
waters of the territories to which this Act extends.
106 [19-Q-A. Mortgage of mechanically propelled vessel or share.—The provisions of

Sections 47, 48, 49, 50, 51, 52 and 53 of the Merchant Shipping Act, 1958 (44 of
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 16 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

1958), shall mutatis mutandis apply, in relation to the mortgage of a mechanically


propelled vessel as they apply in relation to ships, subject to the following
modifications, namely:—
(a) in Sections 47, 48, 49, 50, 51, 52 and 53, references to “ship”, “registrar”
and “register book”, wherever they occur, shall, respectively, be construed as
references to “mechanically 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 of registry shall record it in the register book”, the words “the registering
authority shall record it in the book of registration” shall be substituted.]
19-R. Power to make rules.—(1) The State Government may make rules to carry out
the objects of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may—
(a) prescribe the powers, duties and functions of registering authorities and the
local limits of their jurisdiction;
(b) prescribe the form of, and the particulars to be contained in, applications for,
and certificates of, registration;
(c) provide for the form and manner in which books of registration shall be
maintained under this Chapter;
(d) provide for the issue of duplicate certificates of registration to replace
certificates lost, destroyed or mutilated;
(e) prescribe, subject to the approval of the Central Government, the fees to be
charged for the registration of inland 107 [mechanically propelled vessels] or for
any other action to be taken by the registering authority under this Chapter,
and provide for the exemption of any person or class of persons from payment
of the whole or any part of any such fees;
(f) prescribe the period within which, and the manner in which, the owner of an
inland 108 [mechanically propelled vessel] shall make a report of any alteration
in the vessel under Section 19-J;
109 [(fa) prescribe the authority and provide for furnishing to such authority the

information with respect to the inland mechanically propelled vessel and its
registration under sub-section (5) of Section 19-K;]
(g) prescribe the manner in which appeals to the State Government may be
preferred under this Chapter and the fees payable in respect of any such
appeal;
110 [(ga) provide for the form of instrument creating a mortgage of a mechanically

propelled vessel or a share therein or transfer of any such mortgage;]


(h) provide for any other matter which is to be or may be prescribed under this
Chapter.]
111
[19-S. Certain certificates issued under Merchant Shipping Act to be valid under
this Act.—Every certificate of registry and every certificate of survey issued in respect
of a mechanically propelled vessel under the Merchant Shipping Act, 1958 (44 of
1958), shall be valid and effective as a certificate of registration or certificate of
survey, as the case may be, issued under this Act and the relevant provisions of this
Act shall apply in relation to such vessel as they apply to an inland mechanically
propelled vessel registered under this Act.]
Chapter III
MASTERS [INCLUDING SERANGS] AND ENGINEERS [INCLUDING ENGINE-DRIVERS]
OR INLAND 112 [MECHANICALLY PROPELLED VESSELS]
20. Appointment of examiners.—The State Government may appoint examiners for
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 17 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

the purpose of examining the qualifications of persons desirous of obtaining


certificates (hereinafter called certificates of competency), to the effect that they are
competent to act as masters or serangs, or as engineers or engine-drivers, as the case
may be, on board inland 113 [mechanically propelled vessels].
21. Grant of masters', serangs', engineers', and engine-drivers' certificates of
competency.—(1) The State Government or such officer as it may, by notification in
the Official Gazette, appoint in this behalf, shall grant to every person who is reported
by the examiners to possess the prescribed qualifications, a certificate of competency
to the effect that he is competent to act as a first-class master, second-class master or
scrang, or as an engineer, first-class engine- driver or second-class engine-driver, as
the case may be, on board an inland 114 [mechanically propelled vessel]:
Provided nevertheless that, before granting a certificate of competency under this
Act, the authority empowered to grant such certificate may, if it considers the report of
the examiners regarding any applicant for such certificate to be defective, or has
reason to believe that such report has been unduly made, require a further
examination or a re-examination of the applicant.
(2) Every certificate granted under this section shall be in the prescribed form.
22. Grant of masters', serangs', engineers' and engine-drivers' certificates of
service.—(1) The State Government may, 115 [if it thinks fit], grant without
examination to any person who has served as a master, or as an engineer, of 116 [a
vessel of the Coast Guard, Indian Navy or regular Army for a period as may be
prescribed by the State Government in this behalf], a certificate (hereinafter called a
certificate of service) to the effect that he is, by reason of his having so served,
competent to act as a first-class master, second-class master or serang, or as an
engineer, first-class engine-driver or second-class engine-driver, as the case may be,
on board an inland 117 [mechanically propelled vessel].
118 [Explanation—For the purposes of this section,

(a) the expression “Coast Guard” shall have the meaning assigned to it in clause
(d) of Section 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) of Section 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 of
competency granted under this Act after examination.
119 [22-A. Licences.—(1) The State Government may also, 120 [if it thinks fit], grant—

(a) to a person who is in possession of a second-class master's certificate


granted under Section 21 or Section 22, and has, by virtue of such certificate,
acted as master of an inland 121 [mechanically propelled vessel] having engines
of forty or more nominal horse-power for a period of not less than five years,
or
(b) to a person who is in possession of a first-class engine-driver's certificate
granted under Section 21 or Section 22, or an engine-driver's 122 [certificate
granted or deemed to be granted under the Merchant Shipping Act, 1958 (44
of 1958)] and has, by virtue of such certificate, served as an engine-driver of
an inland 123 [mechanically propelled vessel] having engines of not less than
seventy nominal horse-power for five years, for not less than two and a half
years of which period he has been the engine-driver of such vessel within the
meaning of Section 26,
a licence authorising such person to act as master or engineer, as the case may be, of
any inland 124 [mechanically propelled vessel] having engines of one hundred and
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 18 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

seventy nominal horsepower or of such less nominal horse-power 125 [as such
Government] may deem fit.
(2) Any such licence shall remain in force only for such time as the person holding
the same is in possession of and entitled to a master's or an engine-driver's certificate,
as the case may be, of the nature referred to in sub-section (1):
Provided that the State Government may, if it thinks fit, suspend, cancel or vary the
conditions of any such licence.]
23. Certificates to be made in duplicate.—Every certificate of competency or service
126 [and every licence] granted under this Act shall be made in duplicate, and one copy

shall be delivered to the person entitled to the certificate, or licence and the other
shall be kept and recorded in the prescribed manner.
24. Copy of certificate or licence to he granted in certain cases.—Whenever a
master or serang, or an engineer or engine-driver, proves, to the satisfaction of the
authority which granted his certificate, 127 [or licence] that he has, without fault on his
part, lost or been deprived of it, a copy of the certificate 128 [or licence] to which,
according to the record kept under Section 23, he appears to be entitled shall be
granted to him, and shall have the same effect as the original.
25. Certificates to be held by master and engineer of vessel of one hundred or more
horsepower.—An inland 129 [mechanically propelled vessel] having engines of 130 [one
hundred] or more nominal nominal horse-power shall not proceed on any voyage
unless she has—
(a) as her master a person possessing a first-class master's certificate granted
under this Act, or a master's 131 [certificate granted or deemed to be granted
under the Merchant Shipping Act, 1958 (44 of 1958)] 132 [or a master's licence
granted under Section 22-A and applicable to such vessel and voyage], and
(b) as her engineer a person possessing an engineer's certificate granted under
this Act, or granted or deemed to be granted under the Merchant Shipping
Act, 1958 (44 of 1958)] 133 [or an an engine-driver's licence granted under
Section 22-A and applicable to such vessel and voyage].
26. Certificates to be held by master and engineer of vessel of between forty and
one hundred horse-power.—An inland 134 [mechanically propelled vessel] having
engines of 135 [forty] or more nominal horse-power, but of less than 136 [one hundred]
nominal horse-power, shall not proceed on any voyage unless she has—>
(a) as her master a person possessing a second-class master's 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-driver's certificate
granted under this Act, or an engine-driver's 137 [certificate granted or deemed
to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] or any
certificate referred to in clause (b) of Section 25:
Provided that a 138 [mechanically propelled vessel] shall be deemed to have
complied with this section if she has as her master and engineer a person possessing
both a certificate referred to in clause (a), and a certificate referred to in clause (b), of
this section.
27. Certificates to be held by master and engineer of vessel of less than forty horse
power.—An inland 139 [mechanically propelled vessel] having engines of less than 140
[forty] nominal horse-power shall not proceed on any voyage unless she has—
(a) as her master a person possessing a scrang's certificate granted under this
Act, or any certificate referred to in clause (a) of Section 26, and
(b) as her engineer a person possessing a second-class engine-driver's certificate
granted under this Act, or any certificate referred to in clause (b) of Section
26:
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 19 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

Provided that a 141 [mechanically propelled vessel] shall be deemed to have


complied with this section if she has as her master and engineer a person possessing
both a certificate referred to in clause (a), and a certificate referred to in clause (b), of
this section.
28. Power for State Government to require Master or engineer to hold certificate
granted under Act in addition to other certificate.—Notwithstanding anything in this
Chapter, the State Government may, by general or special order, direct that a person
possessing—
(a) a master's 142 [certificate granted or deemed to be granted under the
Merchant Shipping Act, 1958 (44 of 1958)], or
(b) an engineer's or engine-driver's 143 [certificate granted or deemed to be
granted under the Merchant Shipping Act, 1958 (44 of 1958), shall not act as
master or engineer, as the case may be, of an inland 144 [mechanically
propelled vessel] unless he also possesses—
(i) in case (a), such a master's or serang's certificate granted under this Act
as qualified him under this Chapter to act as master of the 145 [mechanically
propelled vessel], or
(ii) in case (b), such an engineer's or engine-driver's certificate granted under
this Act as qualifies him under this Chapter to act as engineer of the 146
[mechanically propelled vessel]:
Provided that, for the purposes of this section, the State Government may 147 [if it
thinks fit], grant to any person, without examination, a master's or scrang's or an
engineer's or engine-driver's certificate of competency under this Act, and such
certificate shall have the same effect as a certificate of competency granted under this
Act after examination.
29. Power for State Government to make rules as to grant of certificates of
competency.—(1) The State Government may make rules to regulate the granting of
certificates of competency under this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may prescribe—
(a) the times and places of holding and the mode of conducting examination of
persons desirous of 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.
30. Power for State Government to make rules as to grant of certificates of service.
—The State Government may also make rules to regulate the granting of certificates of
service under Section 22, and may by such rules prescribe in particular—
148
[(a) the period of service in the Coast Guard, Indian Navy or regular Army
which is required for a person to be granted a certificate without examination
under Section 22,]
149 [(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.
150
[30-A. Power for State Government to make rules as to grant' of licences.—The
State Government may also make rules to regulate the granting of licences under
Section 22-A, and may by such rules prescribe in particular—
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 20 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(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 manner in which copies are to be kept and recorded under Section
23.]
151 [31. Effect of certificates of competency or service and licences.—A certificate of

competency or service and licence granted under this Chapter shall have effect
throughout India.]
Chapter IV
INVESTIGATIONS INTO CASUALTIES
32. Report of casualties to be made to nearest police-station.—Whenever—
(a) any inland 152 [mechanically propelled vessel] has been wrecked, abandoned
or materially damaged, or
(b) by reason of any casualty happening to, or on. board of, any inland 153
[mechanically propelled vessel], loss of life has ensued,. or
(c) any inland 154 [mechanically propelled vessel] alas caused loss or material
damage to, any other vessel,
the master of the 155 [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.
33. Power for State Government to appoint Court of investigation.—(1) 156
[Whenever the State Government is satisfied that it is necessary or expedient to have
a formal investigation into the facts of any case reported under Section 32 or
otherwise brought to its notice, the State Government may]—
(a) appoint a special Court and direct the Court to make the investigation at such
place as the State Government may fix in this behalf, or
(b) direct any principal Court of ordinary criminal jurisdiction or the Court of any
District Magistrate to make the investigation.
(2) A special Court appointed under clause (a) of sub-section (1) shall consist of
not less than two nor more than four persons, of whom one shall be a Magistrate, one
shall be a person conversant with maritime affairs or with the navigation of inland 157
[mechanically propelled vessels], and the other or others (if any) shall be conversant
with either maritime or mercantile affairs, or with the navigation of inland 158
[mechanically propelled vessels].
34. Power of Court of investigation to inquire into charges of incompetency or
Misconduct.—(1) Any Court making an investigation under Section 33 may inquire into
any charge of incompetency or misconduct arising in the course of the investigation
against 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 part causing 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 an investigation, the Court shall, before the commencement of the inquiry
into the charge, cause to be furnished to him a copy of the report or of any statement
of the case upon which the investigation has been directed.
35. Power for State Government to direct investigation otherwise than under
Section 33.—(1) If the State Government has reason to believe that there are grounds
for charging any master, engineer or engine-driver, or any person holding a certificate
granted under Chapter III, with incompetency or misconduct, otherwise than in the
course of an investigation under Section 33,
it may send a statement of the case to the principal Court of ordinary criminal
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 21 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

jurisdiction, or the Court of the District Magistrate, at or nearest to the place at which
it may be convenient for the parties and witnesses to attend, and may direct the Court
to make an investigation into the charge.
(2) Before commencing an investigation under sub-section (1), the Court shall
cause the person charged to be furnished with a copy of the statement of the case
sent by the State Government.
36. Person charged to he heard.—For the purpose of an investigation under this
Chapter into any charge against a master, engineer or engine-driver, or any person
holding a certificate granted under Chapter III, the Court may summon him to appear,
and shall give him full opportunity of making a defence, either in person or otherwise.
37. Assessors.—(1) When, in the opinion of the Court making an investigation
under this Chapter, the investigation involves, or appears likely to involve, any
question as to the cancelling or suspension of the certificate of a master, engineer or
engine -driver, or any person 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 service or in the navigation of inland 159
[mechanically propelled vessels].
(2) In every other investigation the Court may, if it thinks fit, appoint as its
assessor, for the purposes of the investigation, any person conversant with maritime
affairs or the navigation of inland 160 [mechanically propelled vessels] and willing to act
as assessor.
(3) Every person appointed as an assessor under this section shall attend during
the investigation and deliver his opinion in writing, to be recorded on the proceedings.
38. Powers of Court as to evidence and regulation of proceedings.— For the purpose
of any investigation under this Chapter, the Court making the investigation shall, so
far as relates to compelling the attendance and examination of witnesses, and
production of documents and the regulation of the proceedings, have—
(a) if the Court is a special Court—the same powers as are exercisable by the
principal Court 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 the District Magistrate—the same powers as arc exercisable respectively by
either Court in the exercise of its criminal jurisdiction.
39. Power of Court to effect arrest of witnesses by entry and detention of vessels.—
(1) If any Court making an investigation under this Chapter issues a warrant of arrest
to compel the attendance of any person whose evidence is in its opinion necessary, it
may, for the purpose of effecting the arrest, but subject to any general or special
instructions issued 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
the entry, call to his aid any officers of Police or Customs, or any other persons, and
may seize and detain the vessel for such time as is reasonably necessary to effect the
arrest; and every such officer or other person shall be deemed to be a public servant
within the meaning of the Indian Penal Code (45 of 1860).
(3) No person shall be detained under this section for more than forty-eight hours.
40. Power of Court to commit for trial and to bind over witnesses.—Whenever, in
the course of an investigation under this Chapter, it appears to the Court making the
investigation that any person has committed, within 161 [the territories to which this
Act extends], an offence punishable under any law in force in 162 [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 in this behalf)—
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 22 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(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 of a Presidency Magistrate.
41. Depositions of absent witnesses.—(1) Whenever, in the course of a trial referred
to in Section 40, the evidence of any witness is required in relation to the subject -
matter, any deposition previously made by him in relation, to the same subject-matter
before any Court making an investigation under this Chapter shall, if authenticated by
the signature of the Magistrate 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 is held; and
(b) that the deposition was made in the presence of the person accused, and
that he had an opportunity of cross-examining the witness.
(2) A certificate signed by such Magistrate or presiding Judge that the deposition
was made in the 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 had such opportunity.
42. Report by Court to State Government.—The Court shall, in the case of every
investigation under this Chapter, transmit to the State Government a full report of the
conclusions at which it has arrived, together with the evidence recorded and the
written opinion of any assessor.
43. Court to exercise its powers independently of the assessors.—Notwithstanding
the appointment under Section 37 of an assessor or assessors by a Court making an
investigation under this Chapter, the exercise of all powers conferred on such Court by
this Act shall rest with the Court alone.
44. Power for State Government to direct investigations into causes of explosions on
mechanically propelled vessels.—(1) Whenever any explosion occurs on board any
inland 163 [mechanically propelled vessel], the State Government may direct that an
investigation into the cause of 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 into and upon the 164 [mechanically propelled vessel], with all necessary
workmen and labourers, and remove any portion of the 165 [mechanically propelled
vessel] or of the machinery thereof, and shall report 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 servant within the meaning of the Indian Penal Code (45 of 1860).
166
[Chapter IV-A
REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION
44-A. Raising of or removal of wreck impeding navigation, etc.—(1) If any
mechanically propelled vessel or other vessel is wrecked, stranded or sunk in any
inland water is or is likely to become obstruction, impediment or danger to the safe
and convenient navigation or use of inland water or the landing place or embarkment
or part thereof, any officer empowered by the State Government by notification in the
Official Gazette in this behalf (hereafter in this Chapter referred to as competent
officer) shall cause the vessel to be raised, removed, blown up or otherwise destroyed
as the circumstances may warrant.
(2) If any property recovered by a competent officer acting under sub-section (1) is
unclaimed or the person claiming it fails to pay reasonable expenses incurred by the
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 23 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

competent officer under that sub-section and a further sum of twenty-five per cent. of
the amount of such expenses, the competent officer may sell the property by public
auction, if the property is of a perishable nature, forthwith, and if it is not of a
perishable nature, at any time not less than two months after the recovery thereof.
(3) The expenses and further sum aforesaid shall be payable to the competent
officer out of the sale proceeds of the property, and the balance shall be paid to the
person entitled to the property recovered, or, if no such person appears and claims the
balance, shall be held in deposit 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
and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked,
stranded or sunk shall be liable to pay the deficiency to the competent officer on
demand, and if the deficiency be not paid within one month of such demand, the
competent officer may recover the deficiency from such owner as if it were an arrear of
land revenue.
44-B. 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 the inland water, which, in his opinion, obstructs or impedes the free
navigation thereof or the lawful use of any landing place or embarkment or part
thereof.
(2) The owner of any such timber, raft or other thing shall be liable to pay the
reasonable expenses of the removal thereof, and if such owner or any other person has
without lawful excuse caused any such obstruction or impediment, or causes any
public nuisance affecting or likely to affect such free navigation or lawful use, he shall
also be punishable-with fine, which may extend to one hundred rupees.
(3) The competent officer or any magistrate having jurisdiction over the offence
may cause any such nuisance to be abated.
44-C. Recovery of expenses of removal.—If the owner of any such timber, raft or
other thing, 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 after demand or within fourteen days after such removal has been
notified in the Official Gazette or in such other manner as the State Government may,
by general or special order direct, the competent officer may cause such timber, raft or
other thing or the materials of any public nuisance so removed, or so much thereof as
may be necessary, to be sold by public auction and may retain all the expenses of
such removal and sale out of the proceeds of the sale, and shall pay the surplus of
such proceeds or deliver so much of the thing or materials as may remain unsold, to
the person entitled to receive the same and if no such person appears, shall cause the
same to be kept and' deposited in such manner as the State Government directs, and
may, if necessary, from time to time, realise the expenses- of keeping the same,
‘together with the expenses .of sale, or further sale of so much of the thing or
materials as may’ remain unsold.
44-D. Removal of lawful obstruction.—(1) If any obstruction or impediment to the
navigation of any inland water has been lawfully made or has become lawful by reason
of the long continuance of such obstruction or impediment or otherwise, the
competent officer shall report the same for the information of the State Government
and shall, with the sanction of the State Government, cause the same to be removed
or altered, making reasonable compensation to the person suffering damage by such
removal or alteration.
(2) Any dispute arising out of or concerning such compensation shall be determined
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 24 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

according to the law relating to like disputes in the case of land required for public
purposes.
44-E. Fouling of Government moorings.—(1) If any mechanically propelled vessel
hooks or gets fouled in any of the buoys or moorings laid down by or by the authority
of the State Government in any part of inland water, the master of such vessel shall
not, nor shall any other person, except in the case of emergency, lift the buoy or
mooring for the purpose of unhooking or getting clear from the same without the
assistance of the competent officer.
(2) The competent officer immediately on receiving information of such accident,
shall assist and superintend the clearing of such vessel and the master of the vessel
shall, on demand, pay such 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.]
Chapter V
SUSPENSION AND CANCELATION OF CERTIFICATES GRANTED UNDER THE ACT
45. Power for State Government to suspend or cancel certificates in certain cases.—
167 [Any certificate granted or any endorsement made under Chapter III may be

suspended or cancelled by the Government of the State in which the certificate was
granted or; as the case may 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
or abandonment of, or loss or damage to, any vessel, or loss of life, has been
caused by the wrongful act' or default of the holder of such certificate, or that
the holder of such certificate is incompetent, or has been guilty of any gross
act of drunkenness, tyranny or other misconduct, or
(b) if the holder of such certificate is proved to have been convicted of any non-
bailable offence, or
168 [(bb) if the holder of such certificate is proved to have deserted his vessel or

has absented himself, without leave and without sufficient reason, from his
vessel or from his duty; or]
(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 of the 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 169 [or endorsement] shall not be suspended or cancelled
under clause (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 report or statement of the case as required by Section 34 or Section 35, as
the case may be.
46. Obligation to deliver up suspended or cancelled certificate.—Every person whose
certificate is suspended or cancelled under this Chapter shall deliver it up to such
person as the State Government which suspended or cancelled it may direct.
47. Report to other State Government.—170 [If a State Government suspends or
cancels an endorsement under this Chapter, it] shall report the proceedings, and the
fact of suspension or cancellation to the State Government by which, or under
authority from which, 171 [the certificate] was granted.
48. Power for State Government to revoke suspension or cancellation, and to grant
new certificate.—(1) Any State Government may, at any time, revoke any order of
suspension or cancellation which it may have made under this Chapter, or grant,
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 25 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

without examination, 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 under this Act after examination.
Chapter VI
PROTECTION OF, AND CARRIAGE OF PASSENGERS IN, INLAND 172 [MECHANICALLY
PROPELLED VESSELS]
49. Power for State Government to declare dangerous goods.—The State
Government may, by notification in the Official Gazette declare what shall, for the
purposes of this Act, be deemed to be dangerous goods.
50. Carriage of dangerous goods.—(1) No person shall—
(a) take with him on board an inland 173 [mechanically propelled vessel] any
dangerous goods without giving notice of their nature to the owner or master
of the 174 [mechanically propelled vessel], or
(b) deliver or tender for carriage on such 175 [mechanically propelled vessel] any
dangerous goods without giving such notice, and without distinctly marking
their nature on the outside of the package containing the goods.
(2) if the owner or master of an inland 176 [mechanically propelled vessel] suspects,
or has reason to believe, that any luggage or parcel taken, delivered, or tendered for
carriage on the 177 [mechanically propelled vessel] contains dangerous goods, he may—
(i) refuse to carry it upon the 178 [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 its contents.
51. Power of owner or master of mechanically propelled vessel to throw overboard
dangerous goods.—Where any dangerous goods have been taken or delivered on board
any inland 179 [mechanically propelled vessel] in contravention of Section 50, the owner
or master of the 180 [Mechanically propelled vessel] may, if he thinks fit, cause the
goods to be thrown overboard together with any package or receptacle in which they
are contained, and neither the owner nor the master shall, in respect of his having so
caused the goods to be thrown overboard, be subject to any liability, civil or criminal,
in any Court.
52. Power for State Government to make rules for protection of inland mechanically
propelled vessels from accidents.—(1) The State Government may make rules for the
protection of inland 181 [mechanically propelled vessels] against explosion, fire, collision
and other accidents.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may—
(a) prescribe the conditions on and subject to which dangerous goods may be
carried on board inland 182 [mechanically propelled vessels];
(b) prescribe precautions to be taken to prevent explosions or fires on board
inland 183 [mechanically propelled vessels];
(c) prescribe the apparatus which is to be kept on board inland 184 [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 inland 185 [mechanically
propelled vessels];
(f) regulate the carriage and exhibition of lights by other vessels on specified
inland waters on which 186 [mechanically propelled vessels] ply;
(g) prescribe the steering rules to be observed;
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 26 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

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


(i) prescribe the speed at which inland 187 [mechanically propelled vessels] may
be navigated in specified areas;
(j) regulate the navigation of inland 188 [mechanically propelled vessels] to
prevent danger to other vessels, or to the bank, channels, navigation marks or
any property, movable or immovable, in or abuting on navigable channels.
189 [(k) prescribe the requirements that the hull, equipment and machinery of

inland mechanically 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 a breach 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.
53. Power for State Government to make rules as to carriage of passengers in inland
mechanically propelled vessels.—(1) The State Government may make rules to
regulate the carriage of passengers in inland 190 [mechanically propelled vessels].
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may—
(a) prescribe the cases in which passengers may be refused admission to, or may
be required to leave, inland 191 [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 192
[mechanically propelled vessels]; and
(c) regulate generally the conduct of passengers in inland 193 [mechanically
propelled vessels].
(3) Any rule made under this section may contain a provision that any person
committing a breach of it shall be punishable with fine which may extend to twenty
rupees.
(4) The master or any other officer of an inland 194 [mechanically propelled vessel],
and any person called by him to his assistance, may arrest any person who has
committed a breach of any rule made under this section, if the name and address of
such person are unknown to the master or such other officer.
(5) The procedure prescribed by 195 [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 this section.
54. Power for State Government to make rules for protection of passengers.—(1)
The State Government may also make rules for the protection of passengers in inland
196
[mechanically propelled vessels], 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 such passengers.
(2) Any rule made under this section may contain a provision that any person
committing a breach of it shall be punishable with fine which may extend to fifty
rupees.
197
[54-A. Power of State Government to fix maximum and minimum rates for
passenger fares and freight for goods.—(1) The State Government may, by notification
in the Official Gazette, after such inquiry as it may consider necessary, in respect of
any s ystem of inland waterways, or of any stretch of inland waterway, or of the run
between any two stations on an inland waterway,—
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 27 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(a) fix the maximum or minimum rate 198 [per kilometre] which may be charged
for passenger fares for passengers of any class travelling on inland 199
[mechanically propelled vessels];
(b) fix the maximum rate 200 [per kilometre] which may be charged for freight on
goods of any description carried in inland 201 [mechanically propelled vessels];
(c) fix the minimum rate 202 [per kilometre] which may be charged for freight on
goods of any description carried in inland 203 [mechanically propelled vessels];
and
(d) declare what shall be deemed to be the distance between any two stations on
an inland waterway for the purpose of calculating passengers' fares or freight
on goods where maximum 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) of sub-section (1) in respect of any class of passengers or description of
goods carried on any system of waterways, or stretch of waterway, or on the run
between any two stations on an inland waterway, unless it is satisfied that the rates
charged on any inland 204 [mechanically propelled vessel] or group of such vessels in
respect of such passengers or goods have been reduced to such an extent as to
disclose an intention to force any other inland 205 [mechanically propelled vessel] or
group of such vessels to cease from carrying such passengers or goods.
206
[(3) In case of any dispute relating to the fixation of the maximum or the
minimum rate per kilometre which may be charged in respect of any class of
passengers or of freight on goods of any description carried in inland mechanically
propelled vessel between any stations lying in two States, any one of the States may
report the matter to the Central Government who shall decide the same.]
54-B. Power to make rules providing for the appointment of Advisory Committees.—
The State Government may make rules providing for the appointment, constitution,
procedure and functions of Committees to advise the owners, agents and charterers of
inland 207 [mechanically propelled vessels] on questions affecting the interests. of
passengers and shippers of goods.
208 [Chapter VI-A

INSURANCE OR MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS


209 54-C. 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 relation to the mechanically propelled vessels as they apply in relation to
motor vehicles, subject to the following 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 as
references 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
“public service vessel”;
(iv) references to “goods vehicle” shall be construed as references to “goods
service vessel”;
(v) references to “State Transport” shall be construed as references to “State
Water Transport”;
(vi) references to “driver” or “driver of a vehicle” shall be construed as
references to “master of a vessel”;
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 28 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(vii) references to “driving licence” shall be construed as references to “a


certificate granted under Chapter HI of the Inland Vessels Act, 1917(1 of
1917)”;
(viii) references to “permit” shall be construed as references to “a certificate of
registration granted under Section 19-F of the Inland Vessels Act, 1917(1
of 1917)”,
and such other consequential amendments as the rules of grammar may
require, shall also be made;
(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
or adapted to be used for carriage of cargo for hire or reward;’;
(ii) after clause (d), the following clause shall be inserted, namely:—
‘(da) “public service vessel” means any mechanically propelled vessel used
or adapted 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, landing
facilities, 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
be traversed 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
vessel or 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
“not holding a certificate granted under Chapter III of the Inland Vessels
Act, 1917(1 of 1917)” shall be substituted;
(d) in Section 158,—
(i) for the words “transport vehicle”, wherever they occur, the words “public
service vessel or goods service vessel” shall be substituted, and such other
consequential amendments as the rules of grammar may require shall also
be made;
(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 “fifty
thousand rupees” shall be substituted;
(ii) in clause (b), for the words “twelve thousand and five hundred rupees”,
the words “twenty-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.'.]
210 [Chapter VI-AB

PREVENTION AND CONTROL OF POLLUTION AND PROTECTION OF INLAND WATER


54-D. Definitions.—In this Chapter, unless the context otherwise requires,—
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 29 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(a) “hazardous chemical” or “obnoxious substance” means any chemical or


substance, as the case may 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.]
54-E. Prohibition as to discharge of oil, oil mixture, etc., in the inland water.—No oil
or oily mixture, hazardous chemical or obnoxious substance from a mechanically
propelled vessel shall be discharged 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 of securing the safety of a mechanically propelled vessel,
preventing damage to a mechanically propelled vessel, cargo or saving of life at inland
water.]
54-F. Reception facilities at inland port, etc.—(1) The owner or operator of an inland
port, at cargo or 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 the use of the facilities at such rates and may impose
such conditions in respect of use thereof as may be approved 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 pollution threatened to be caused, the State Government may direct, by order in
writing, the owner or operator of an inland port, at cargo or passenger terminal to
provide or arrange for the provision of such pollution containment equipments and
pollutant removing materials at such inland port, cargo and passenger terminal as
may be specified in the order.]
54-G. Power of entry inspection, etc.—(1) Any surveyor or any person authorised
under this Act in this behalf may, at any reasonable time, enter and inspect any inland
port, at cargo or passenger terminal for 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 the pollution containment equipment and pollutant removing
materials in conformity with the order of the 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 the aforesaid equipment and materials, he shall give notice to the owner
or operator of such inland port, cargo or passenger terminal, as the case may be, a
notice in writing pointing out the deficiency and also what in his 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 or passenger terminal, as the case may be, until he
obtains a certificate signed by the surveyor to the effect that the inland port, cargo or
passenger terminal, as the case may be, is properly provided with the aforesaid
equipment and materials in conformity with the rules made under this Chapter.
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 30 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

54-H. Powers of Central Government to make rules for prevention and control of
pollution.—(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) of Section 54-D;
(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 the manner in which such books shall be maintained, the nature
of entries to be made therein, the time and circumstances in which such
entries shall be made, the custody and disposal thereof and all other matters
relating thereto;
(e) any other matter which is to be, or may be, prescribed.]
Chapter VII
PENALTIES AND LEGAL PROCEEDINGS
55. Penalty for making voyage without certificate of survey.—(1) If any inland 211
[mechanically propelled vessel] proceeds on a voyage in contravention of Sections 3
212 [or Section 19-A], the owner and the master of the 213 [mechanically propelled

vessel] shall each be punishable with fine, which may extend to one thousand rupees.
(2) If the master or any other officer on board an inland mechanically propelled
vessel which proceeds on a voyage in contravention of Section 3 214 [or Section 19-A] is
a licensed pilot, he shall be liable to have his licence as a pilot suspended or cancelled,
for any period-, by the State Government.
56. Penalty for neglect to affix certificate of survey in inland mechanically propelled.
vessel.—If the certificate of survey is not kept affixed in an inland 215 [mechanically
propelled vessel] as required by Section. 10, 216 [or if the registration mark is not
displayed as required by Section 19H], the owner and the master of the 217
[mechanically propelled vessel] shall each be punishable with fine which may extend
to one hundred rupees.
218
[57. Penalty for neglect or refusal to deliver up or surrender certificates of survey
or registration.—If the owner or master of an inland 219 [mechanically propelled vessel]
without reasonable cause 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 19-N
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.]
58. Penalty for carrying excessive number of passengers on board.—If an inland 220
[mechanically propelled vessel] has on board or in any part thereof a number of
passengers which is greater than the number set forth in the certificate of survey as
the number of passengers which the vessel or the part thereof is, in the judgement of
the surveyor, fit to carry, the owner and the master shall each be punishable with fine
which may extend to 221 [one hundred rupees] for every passenger over and above that
number.
222 [58-A. Penalty for carrying excessive quantity of cargo on board.—If an inland

mechanically propelled vessel has on board or in any part thereof cargo which is in
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 31 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

excess of the cargo set forth in the certificate of survey as the quantity of cargo which
the vessel or the part thereof is, in the judgment of the surveyor, fit to carry, the
owner and the master shall, each, in addition to the penalty to which he may be liable
under the provisions of Section 58, be 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.]
59. Penalty for serving, or engaging a person to serve, as master or engineer,
without certificate.—If any person—
(a) proceeds on any voyage in an inland 223 [mechanically propelled vessel] as the
master or engineer of such vessel without being at the time entitled to, and
possessed of, a master's or serang's or an engineer's or engine-driver's
certificate 224 [or a master's or engine-driver's licence] as the case may be, as
required under this Act, or
(b) employs as the master or engineer of an inland 225 [mechanically propelled
vessel] any person without ascertaining that he is at the time entitled to, and
possessed of, such certificate 226 [or licence],
he shall be punishable with fine which may extend to five hundred rupees.
60. Penalty for master failing to give notice of wreck or casualty.—If any master
wilfully 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 may extend to three months.
61. Penalty for failing to deliver up suspended or cancelled certificate.—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 hundred rupees.
62. Penalty for taking or delivering or tendering for carriage dangerous goods on
board inland mechanically propelled vessel without notice.—If any person, in
contravention of Section 50, takes with him on board any inland 227 [mechanically
propelled vessel] any dangerous goods, or delivers or tenders any such goods for
carriage on any inland 228 [mechanically propelled vessel], he shall be punishable with
fine which may extend to two hundred rupees, and the goods shall be forfeited to
Government.
229
[62-A. Punishment for offences relating to accident.—If the master or the driver
or other person in charge of the inland mechanically propelled vessel fails to report an
accident in which his vessel is involved as required under Chapter VIA, he shall be
punishable with imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both, or, if having been
previously convicted of an offence under this section, he is again convicted of an
offence under this section, with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
62-B. Penalty for using uninsured mechanically propelled vessel.—If any person
uses a mechanically propelled vessel or causes or allows a mechanically propelled
vessel to be used without a policy of insurance complying with the requirements of
Chapter VIA, he shall be punishable with fine which may extend to one thousand
rupees.
62-C. Penalty for neglect or refusal to give information as to insurance or to produce
certificate of insurance.—If any person without reasonable cause neglects or refuses to
give information as to insurance or to produce the certificate of insurance under the
provisions contained in Chapter VIA, he shall be punishable with fine which may
extend to one hundred rupees.]
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 32 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

230
[62-D. Punishment for offences relating to pollution.—Whoever contravenes any
provision of Chapter VIAB or of any rule made thereunder, shall be punishable with
imprisonment which may extend to one year, or with fine which may extend to fifty
thousand rupees, or with both.]
62-E. Offences by companies.—(1) Where an offence under Chapter VIAB has been
committed by a company, every person who, at the time the offence was committed,
was in charge of, and was responsible to, the company for the conduct of the business
of the company, as well as the company shall be deemed to be guilty of the
contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
Chapter VIAB has been committed by a company, and it is proved that the offence
was committed with the consent or connivance of, or is attributable to any neglect on
the part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be guilty of 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.]
63. Penalty for misconduct or neglect endangering inland mechanically propelled
vessel or life or limb.—If any person employed or engaged in any capacity on board an
inland 231 [mechanically propelled vessel], ‘by wilful breach or by neglect of duty, or by
reason of drunkenness—
(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
for preserving the vessel from immediate wreck, destruction or material
damage, or for preserving any such person from immediate danger to life or
limb,
he shall be punishable with fine which may extend to one thousand rupees, or with
imprisonment for a term which may extend to two years, or with both.
232 [63-A.
Desertion and absence without leave.—If any person employed or
engaged in any capacity on board a mechanically propelled vessel commits any of the
following offences, he shall be liable to be punished summarily as follows:—
(a) if he deserts from his mechanically ‘propelled vessel, he shall be guilty of the
offence of desertion and be liable to forfeit all or any of the property he leaves
on board of the vessel and of wages he has then earned and also to
imprisonment which may extend to three months;
(b) if he neglects or refuses, without reasonable cause, to join him mechanically
propelled vessel or to proceed on any voyage in his vessel or is absent without
leave at any time within twenty-four hours of the vessel sailing from a port or
ghat either at the commencement or during the progress of a voyage or is
absent at any time without leave and without sufficient reason from his vessel
or from his duty. he shall, if offence does not amount to desertion or is not
treated as such by the master, be guilty of the offence of absence without
leave and be liable to forfeit out of his wages a sum not exceeding two days’
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 33 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

pay and in addition for every twenty-four hours of absence either a sum not
exceeding six days' pay or any expenses properly incurred in hiring a
substitute and also to imprisonment which may extend to two months.
63-B. General offences against discipline.—If any person employed or engaged in
any capacity on board a mechanically propelled vessel commits any of the following
offences, he shall be guilty of an offence against discipline and he shall be liable to be
punished summarily as follows:—
(a) if he quits the mechanically propelled vessel without leave after her arrival at
the port or ghat or port or ghat of delivery, he shall be liable to forfeit out of
his wages a sum not exceeding one month's pay;
(b) if he is guilty of wilful disobedience to any lawful command or neglect of
duty, he shall be liable to forfeit out of his wages a sum not exceeding two
days' pay;
(c) if he is guilty of continued wilful disobedience to lawful command or
continued wilful neglect of duty, he shall be liable to imprisonment which may
extend to one month and also to forfeit over every twenty-four hours
continuance of disobedience or neglect either a sum not exceeding six days'
pay or any expenses properly incurred in hiring a substitute;
(d) if he assaults the master or any other officer of the vessel, he shall be liable
to imprisonment for a term which may extend to three months or with fine
which may extend to five hundred rupees, or with both;
(e) if he combines with any of the officers to disobey to lawful commands or to
neglect duty or to impede the navigation of the vessel or retard the progress
of the voyage, he shall be liable to imprisonment for a term which may extend
to three months or with fine which may extend to five hundred rupees, or with
both;
(f) if he wilfully damages his mechanically propelled vessel or commits criminal
misappropriation or breach of trust in respect of or wilful damages to any of
her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to
the loss sustained and also imprisonment which may extend to three months.
63-C. Entry of offence in official log-book.—If any offence within the meaning of this
Act of desertion or absence without leave or against discipline is committed or if any
act of misconduct is committed for which the offender's agreement imposes fine and it
is intended to enforce the fine,—
(a) an entry of the offence or acts shall be made in the official log-book and
signed by the master and one of the persons employed or engaged in any
capacity on board of the mechanically propelled vessel;
(b) the offender shall be furnished with a copy of the entry and have the same
read over distinctly and audibly to him and may thereupon make such reply
thereto as he thinks fit;
(c) a statement of a copy of the entry having been so furnished and entry having
been so read over and the reply, if any. made by the offender shall likewise be
entered and signed in the manner aforesaid;
(d) in any subsequent legal proceedings the entries by this section required
shall, if practicable, be produced or proved, and, in default of such production
or proof, the court hearing the case may in its discretion refuse to receive
evidence of the offence or act of misconduct.]
[ [63-D.] General provision for punishment of offences not otherwise provided
233 234

for.—If any person contravenes any of the provisions of this Act for which no other
penalty is provided in this Act, he shall be punishable with fine which may extend to
two hundred rupees.]
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 34 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

64. Levy of fine by distress of inland mechanically propelled vessel.—Where the


owner or master of an inland 235 [mechanically propelled vessel] is convicted of an
offence under this Act or any rule made thereunder committed on board, or in relation
to, that 236 [mechanically propelled vessel], and is sentenced to pay a fine, the
Magistrate who passes the sentence may direct the amount of the fine to be levied by
distress and sale of the 237 [mechanically propelled vessel] and the tackle, apparel and
furniture thereof, or so much thereof as is necessary.
65. Jurisdiction of Magistrates.—Except in the case of an offence against any rule
made under Section 53, no Magistrate shall try an offence under this Act, or any rule
made thereunder, unless he is a Presidency Magistrate, or a Magistrate whose powers
are not less than those of a Magistrate of the first class.
66. Place of trial.—If any person commits an offence against this Act or any rule
made thereunder, he shall be triable for the offence in any place in which he may be
found or which the State Government, by notification in the Official Gazette, appoints
in this behalf, or in any other place in which he might be tried under any other
enactment for the time being in force.
Chapter VIII
SUPPLEMENTAL
67. Power for State Government to make general rules.—(1) The State Government
may, make rules 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
committing a breach 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.
68. Power for State Government to modify application of Act to certain inland
mechanically propelled vessels.—The State Government may, 238 [* * *] by notification
in the Official Gazette, declare that all or any of the provisions of 239 [Chapters II, II-A
and III] shall not apply in the case of any specified class of 240 [mechanically propelled
vessels], or shall apply to them with such modifications as may be specified in the
notification,
241 [69. Exemption to Government vessels from fees.—The State Government may,

by notification in the Official Gazette, exempt all or any mechanically propelled vessel
belonging to or in the service of Government from payment of any fees payable by or
under this Act.]
70. Power for Central Government to define tidal water.—The 242 [Central
Government] may, by notification in the Official Gazette, define how much of any tidal
water shall be deemed to be an inland water for the purposes of this Act.
243 [* * *]

71. Fees recoverable as fines.—All fees payable under this Act may be recovered as
fines under this Act.
72. Certificated masters of inland mechanically propelled vessels to be deemed
pilots under Section 31 of Act 15 of 1908.—(1) Subject to the provisions of Section 31,
every master of an inland 244 [mechanically propelled vessel] who possesses a master's
certificate granted under this Act and in force shall, in ports to which Section 31 of the
Indian Ports Act, 1908, has been extended, be deemed, for the purposes of that
section, to be the pilot of the 245 [mechanically propelled vessel] of which he is in
charge.
246
[* * *]
247 [72-A. Endorsement of certificates and licences granted in Bangladesh.—Any

certificate or licence granted by the 248 [Government 249 [of Bangladesh]] in accordance
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 35 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

with the provisions of any law law for the time being in force in 250 [that country],
corresponding to the provisions of Chapter II or Chapter III of this Act may, on
payment of the fees prescribed for the grant of a similar certificate or licence 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 any
authority 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 granted under this Act.]
73. 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).]
74. Publication of rules.—(1) The power to make rules conferred 251 [on the Central
Government or a State Government] by this Act is subject to the condition of the rules
being made after previous publication.
(2) All such rules shall, when made, be published in the Official Gazette, and shall
thereupon have effect as if enacted in this Act.
252 [(3) Every rule made by the Central Government under this Act shall be laid, as

soon as may be after it is made, before each House of Parliament. while it is in


session, for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.]
253 [(4) Every rule made by the State Government under this Act shall be laid, as

soon as may may be after it is made, before the State Legislature.]


254
[75. Repeal and saving.—(1) If immediately before the day on which this Act
comes into force in 255 [the territories which, immediately before the 1st November,
1956, were comprised in a Part B State], there is in force in 256 [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 any powers conferred by such corresponding law shall be deemed to have been
done or taken in the exercise of the powers conferred by this Act, and any penalty
incurred or proceeding commenced under such corresponding law shall be deemed to
be a penalty incurred or proceeding commenced under this Act, as if this Act were in
force on the day on which such thing was done, action taken, penalty incurred, or
proceeding commenced.]
SCHEDULE I
RATES OF FEES
[See Sections 6(a) and 19(d)]
For 257 [mechanically propelled vessels] of less than Tons Rs.
100 25
″ ″ ″ 100 tons and up to 200 40
″ ″ ″ 350 50
For 258 [mechanically propelled vessels] of 350 tons and up to Tons Rs.
″ ″ ″ 700 ″ ″ ″ 1,000 80
″ ″ ″ 1,000 ″ ″ ″ 1,500 100
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 36 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

″ ″ ″
1,500” and upwards …… 120
SCHEDULE II
[Enactments repealed.]
[Rep. by the Repealing Act, 1927 (12 of 1927), S. 2 and Sch.]

1. This Act—
(i) has been amended in Bengal by Bengal Act 7 of 1940: (ii) came into force on 1st June, 1917, vide
Gazette of India, 1917, Pt. i, p. 988;
(iii) has been extended in its application to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch. And to
Pondicherry on 1-10-1963; vide Reg. 7 of 1963, s. 3 and Sch. I.
2. Subs. by Act 35 of 1977, S. 2. for “Inland Steam-vessels” (w.e.f 1-5-1978).
3. Subs. by Act 35 of 1977, S. 3. for “Inland Steam-vessels” (w.e.f 1-5-1978).
4.
Subs. by Act 35 of 1977, S. 4. for “Inland Steam-vessels” (w.e.f 1-5-1978).
5. Subs. by Act 26 of 1951, S. 2, for sub-sections (2) and (3).
6. The proviso omitted by Act 35 of 2007, S. 2 (w.e.f. 21-2-2008).
7.
Section 2 renumbered as sub-section (1) thereof by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
8. Subs. by Act 35 of 2007, S. 3, for clauses (a), (b) and (c ) (w.e.f. 21-2-2008).
9. Clauses (3) and (4) lettered as clauses (d) and (e) by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
10.
Subs. by Act 35 of 1977, S. 5. for “Inland Steam-vessels” (w.e.f 1-5-1978).
11. Clauses (3) and (4) lettered as clauses (d) and (e) by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
12. Clause (5) omitted by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
13.
Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
14. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
15.
Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
16.
Ins. by Act 35 of 2007, S. 3 (w.e.f. 21-2-2008).
17.
Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
18. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
19.
Ins. by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
20. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
21. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
22.
Subs. by Act 35 of 2007, S. 4, for “and applicable to such voyage or service” (w.e.f. 21-2-2008).
23. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
24. Ins. by Act 35 of 2007, S. 4 (w.e.f. 21-2-2008).
25.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
26. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
27. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
28.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
29. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
30. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 37 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

31.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
32. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
33. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
34. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

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


36. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
37. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
38.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
39.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
40. The word “and” omitted by Act 35 of 1977, S. 7 (w.e.f. 1-5-1978).
41.
Ins. by Act 35 of 1977, S. 7 (w.e.f. 1-5-1978).
42.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
43. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
44. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
45.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
46. Ins. by Act 35 of 2007, S. 5 (w.e.f. 21-2-2008).
47. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
48.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
49. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
50. Ins. by the A.O. 1937.
51. Ins. by the A.O. 1937.
52. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
53.
Subs., by the A.O. 1937, for “by any Local Government”.
54. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
55. Ins. by the A.O. 1937.

56. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


57. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
58. Subs., by the A.O. 1937.
59.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
60. Ins. by the A.O. 1937.
61. Subs., by the A.O. 1937.
62. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
63. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
64. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
65. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
66.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
67. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 38 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

68. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


69. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
70. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, S. 2 and Sch. I.

71. Ins. by Act 26 of 1951, S. 3


72. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
73.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
74. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
75.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
76.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
77. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
78.
Subs. by Act 35 of 1977, S. 8 (w.e.f. 1-5-1978)
79.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
80. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
81.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
82.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
83. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
84.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
85.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
86.
Subs. by Act 35 of 1977, S. 10 (w.e.f. 1-5-1978)
87. The proviso omitted by Act 35 of 1977, S. 10 (w.e.f. 1-5-1978)
88. Ins. by Act 35 of 1977, S. 10 (w.e.f. 1-5-1978)
89.
Subs. by Act 35 of 2007, S. 6, for “twelve months” (w.e.f. 21-2-2008).
90.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
91. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
92.
Subs. by Act 35 of 1977, S. 11, for “the registering authority of the place where the vessel is
registered” (w.e.f. 1-5-1978).
93.Subs. by Act 35 of 1977, S. 11 (w.e.f. 1-5-1978), for “the registering authority of the intended place of
registry with a copy of all particulars relating to the vessel” (w.e.f. 1-5-1978).
94. Subs. by Act 35 of 1977, S. 11 for sub-section (3) and (4) (w.e.f. 1-5-1978).
95.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
96.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
97. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

Subs. by Act 35 of 1977, S. 12, for “also registered under the Merchant Shipping Act, 1894, as amended by
98.

any subsequent enactment” (w.e.f. 1-5-1978).


99. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
100. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
101.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 39 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

102. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).


103. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
104.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
105. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
106. Ins. by Act 35 of 1977, S. 13 (w.e.f. 1-5-1978)
107.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
108. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
109.
Ins. by Act 35 of 1977, S. 14 (w.e.f. 1-5-1978)
110.
Ins. by Act 35 of 1977, S. 14 (w.e.f. 1-5-1978)
111. Ins. by Act 35 of 1977, S. 15 (w.e.f. 1-5-1978)
112.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
113.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
114. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
115. Subs. by the A.O. 1937, for “in its discretion”.
116.
Subs. by Act 35 of 2007, S. 7, for “an inland mechanically propelled vessel for a period of three years before
the first day of November, 1956” (w.e.f. 21-2-2008).
117. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
118. Ins. by Act 35 of 2007, S. 7 (w.e.f. 21-2-2008).
119.
Ins. by Act 6 of 1920, S. 2.
120. Subs. by the A.O. 1937, for “in its discretion”.
121. Ins. 35 of 2007, S. 7 (w.e.f. 21-2-2008).

Subs. by Act 35 of 1977, S. 17, for “certificate granted under the Indian Merchant Shipping Act, 1859 (1 of
122.

1859), or granted under, or continued in force by, the Merchant Shipping Act, 1894” (w.e.f. 1-5-1978).
123. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
124. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
125.
Subs. by Act 11 of 1923, S. 2 and First Schedule, for “as to such Government”.
126. Ins. by Act 6 of 1920, S. 2.
127. Ins. by Act 6 of 1920, S. 4.
128.
Ins. by Act 6 of 1920, S. 4.
129. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
130. Subs. by Act 6 of 1920, S. 4, for “eighty”.
131.
Subs. by Act 35 of 1977, S. 19, for certain words (w.e.f. 1-5-1978).
132. Ins. by Act 6 of 1920, S. 5.
133. Added by Act 6 of 1920, S. 5.
134. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
135. Subs. by Act 6 of 1920, S. 7, for “thirty”.
136. Subs. by Act 6 of 1920, S. 4 for “eighty”.
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 40 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

137. Subs. by Act 35 of 1977, S. 19, for certain words (w.e.f. 1-5-1978).
138. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
139. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
140. Subs. by Act 6 of 1920, S. 7, for “thirty”.
141. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
142. Subs. by Act 35 of 1977, S. 20, for certain words (w.e.f. 1-5-1978).
143. Subs. by Act 35 of 1977, S. 20, for certain words (w.e.f. 1-5-1978).

144. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).


145. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
146. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

147. Subs. by the A.O. 1937, for “in its discretion”.


148. Ins. by Act 35 of 2007, S. 8 (w.e.f. 21-2-2008).
149. Clause (a) relettered as clause (aa) by Act 35 of 2007, S. 8 (w.e.f. 21-2-2008).

150. Ins. by Act 6 of 1920, S. 8.


151. Subs. by Act 35 of 2007, S. 8, for Section 31 (w.e.f. 21-2-2008).
152. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).

153. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


154. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
155. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

156. Subs. by Act 35 of 1977, S. 21, for certain words (w.e.f. 1-5-1978).
157.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
158. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
159.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
160. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
161. Subs. by the A.O. 1950, for “the Provinces”.
162. Subs. by the A.O. 1950, for “the Provinces”.
163. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
164. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

165. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


166. Ins. by Act 35 of 1977, S. 22 (w.e.f. 1-5-1978).
167. Subs. by the A.O. 1937, for certain words.
168. Ins. by Act 35 of 1977, S. 23 (w.e.f. 1-5-1978).
169. Ins. by the A.O. 1937.
170. Subs. by A.O. 1937, for certain words.

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


172. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 41 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

173. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


174. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
175. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
176. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
177. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
178. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
179. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

180. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


181. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
182. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

183. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


184. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
185. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
186.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
187. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
188. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
189.
Ins. by Act 35 of 2007, S. 10 (w.e.f. 21-2-2008).
190. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
191. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
192.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
193.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
194. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
195.
Subs. by Act 35 of 1977, S. 24, for “Section 59 of the Code of Criminal Procedure, 1898” (w.e.f. 1-5-1978).
196. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
197. Ins. by Act 13 of 1930, S. 2.
198.
Subs. by Act 35 of 1977, S. 25, for “per mile” (w.e.f. 1-5-1978).
199. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
200. Subs. by Act 35 of 1977, S. 25, for “per mile” (w.e.f. 1-5-1978).
201.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
202. Subs. by Act 35 of 1977, S. 25, for “per mile” (w.e.f. 1-5-1978).
203. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
204.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
205. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
206. Ins. by Act 35 of 1977, S. 26 (w.e.f. 1-5-1978).
207.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
208. Subs. by Act 35 of 1977, S. 26 (w.e.f. 1-5-1978).
SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 42 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

209. Subs. by Act 35 of 2007, S. 11 (w.e.f. 21-2-2008).


210.
Ins. by Act 35 of 2007, S. 12 (w.e.f. 21-2-2008).
211. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
212. Ins. by Act 26 of 1951, S. 4.
213.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
214. Ins. by Act 26 of 1951, S. 4.
215. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
216.
Ins. by Act 26 of 1951, S. 5.
217. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
218. Subs. by Act 35 of 1977, S. 6.
219.
Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
220. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
221. Subs. by Act 35 of 1977, S. 27, for “ten rupees” (w.e.f. 1-5-1978).
222.
Ins. by Act 35 of 1977, S. 28 (w.e.f. 1-5-1978).
223. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
224. Ins. by Act 6 of 1920, S. 10.
225.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
226. Subs. by Act 35 of 1977, S. 6 (w.e.f. 1-5-1978).
227. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
228.
Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
229.
Ins. by Act 35 of 1977, S. 29 (w.e.f. 1-5-1978).
230. Ins. by Act 35 of 2007, S. 13 (w.e.f. 21-2-2008).
231.
Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f 1-5-1978).
232. Ins. by Act 35 of 1977, S. 30 (w.e.f. 1-5-1978).
233. Ins. by Act 26 of 1951, S. 7.
234. Section 63-A renumbered as Section 63-D thereof by Act 35 of 1977, S. 30 (w.e.f. 1-5-1978).
235. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
236. Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
237.
Subs. by Act 35 of 1977, S. 5, for “steam-vesse1” (1-5-1978).
238. The words “with the previous sanction of the G.G. in C.” rep. by the A.O. 1937.
239. Subs. by Act 26 of 1951, S. 8, for “Chapters II and III”.
240. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).
241. Subs. by Act 35 of 1977, S. 31 (w.e.f. 1-5-1978).
242. Subs. by Act 38 of 1950, S. 2, for “State Government”.
243. The proviso omitted by Act 38 of 1950, S. 2.Earlier inserted by the A.O. 1937.

244. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w,e.f. 1-5-1978).


SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
Page 43 Friday, September 30, 2022
Printed For: IndiaLaw .
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

245. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).


246. Sub-section (2) omitted by the A.O. 1948.
247. Ins. by Act 58 of 1949, S. 2.
248. These words shall stand unmodified, vide the A.O. 1950.
249. Subs. by Act 35 of 1977, S. 32, for “of a province in Pakistan” (w.e.f 1-5-1978).
250. Subs. by Act 35 of 1977, S. 32, for “that Dominion” (w.e.f. 1-5-1978).
251. Subs. by Act 35 of 1977, S. 34, for “on a State Government” (w.e.f. 1-5-1978).
252.
Ins. by Act 35 of 1977, S. 34 (w.e.f. 1-5-1978).
253. Ins. by Act 4 of 2005, S. 2 and the Schedule (w.e.f. 11-1-2005).
254. Ins. by Act 26 of 1951, S. 9. The original S. 75 was rep. by Act 12 of 1927, S. 2 and Sch.
255.
Subs. by the A.O. (No. 3) 1956, for “a Part B State”.
256. Subs., by the A.O. (No. 3) 1956, for “that State”.
257. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f. 1-5-1978).
258. Subs. by Act 35 of 1977, S. 5, for “steam-vessels” (w.e.f. 1-5-1978).

Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.

You might also like