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THE INLAND VESSELS ACT, 1917

Title : THE INLAND VESSELS ACT, 1917

Year : 1917

[Act, No. 1 of 1917]
[7th February, 1917]


PREAMBLE


An Act to consolidate the enactments relating to 1*[2*[Inland Vessels.]

Whereas it is expedient to consolidate the enactments relating to [inland vessels];

It is hereby enacted as follows:-

The Act came into force on 1-6-1917;

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1. Substituted for the words "Inland Steam-vessels" by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 4 (w.e.f. 1-5-1978).

2. Substituted for the words "Inland Steam-vessels" by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 2 (w.e.f. 1-5-1978).

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(1) This Act may be called the1*[lnland Vessels] Act, 1917.

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

4[* * *]

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1. Substituted for the words "Inland Steam-vessels" by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 4 (w.e.f. 1-5-1978).

2. Substituted for sub-sections (2) and (3) by the Inland Steam-vessels (Amendment) Act, 1951 (26 of 1951) section 2 (w.e.f. 3-5-1951).

3. Substituted for the former proviso by 3 A.L.O., 1956.

4. Proviso omitted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007]. Prior to omission the text was as follows:

"3*[Provided that it shall not come into force in any part of the territories which on the 31stday of March, 1936, were included in the Province of Madras or which on the 31st day of October, 1956, were included in the State of Travancore-Cochin, unless the State Government concerned, by notification in the Official Gazette, so directs.]"

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1*[(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 water as defined 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 the mechanically propelled vessel and vessel propelled by outboard motor;]

4*[(d)] Passenger includes any person carried in a mechanically propelled vessel other than the master and crew and the owner, his family and servants;

4*[(e)] Prescribed means prescribed by any rule under this Act;

5[(5) *****]

6*[(f)] Survey means this survey of a mechanically propelled vessel under this Act;

6*[(g)] Surveyor means a surveyor appointed under this Act;

9*[(ga) "Tidal water" has the meaning assigned to it in clause (49) of section 3 of the Merchant Shipping Act, 1958(44 of 1958);] and

6*[(h)] Voyage includes the plying of a mechanically propelled vessel at or about any place.

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

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1. Section 2 remembered as sub-section(1) thereof and in sub-section (1) as so renumbered. Clause(1) substituted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

2. Clause (2) relettered as clause (b) and after clause (b) as so relettered clause (c), inserted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

3. The words in the provinces were omitted by A.L.O., 1950.

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

5. Original clause(5) omitted by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

6. Original clause (6), (7) and (8) lettered as clause (f), (g) and (h) respectively by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

7. Sub-section (2) inserted by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

8. Substituted for the following by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

"1[(a) Inland vessel or mechanically propelled vessel means a mechanically propelled vessel which ordinarily plies on any inland water;]

2*[(b)] Inland water means any canal, river, lake or other navigable water;3[* * * *]

2*(c) Mechanically propelled vessel means every description of vessel propelled wholly or in part by electricity, steam'or other mechanical power.]"

9. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].
 
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(1) An inland1[mechanically propelled vessel] shall not proceed on any voyage, or be used for any service unless she has a certificate of survey in force 2[in the zone intended for operation and applicable to such voyage or service in such zone.]

3*[Explanation - For the purposes 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 purposes of this Act.]

(2) Nothing in this section shall apply to any1*[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.
 
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1. For the words Steam-Vessel and Steam-vessels wherever they occur throughout the Act the words mechanically propelled vessel and Mechanically propelled vessels substituted respectively (w.e.f. 1-5-1978).

2. Substituted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007], for the words "and applicable to such voyage or service"

3. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

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(1) The1*[State Government] may, by notification in the2[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.

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1. Substituted for the words "Provincial Government" by A.O., 1950.

2. Substituted for the words "Local Official Government" by A.L.O., 1937.

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(1) For the purposes of a survey, the surveyor may, at any reasonable time, go on board any inland,1*[mechanically propelled vessel], and may inspect the1*[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 the11*[mechanically propelled vessel], or unnecessarily detain or delay her from proceeding on any voyage.

(2) The owner, master and officers of the1*[mechanically propelled vessel] shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the1*[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.

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1. For the words Steam-Vessel and Steam-vessels wherever they occur throughout the Act the words mechanically propelled vessel and Mechanically propelled vessels substituted respectively (w.e.f. 1-5-1978)

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Before a survey is commenced, the owner or master of the1*[mechanically propelled vessel] to be surveyed shall pay to such officer as the2*[State Government] may, by notification in the3*[Official Gazette], appoint in this behalf-

(a) A fee calculated on the tonnage of the1*[mechanically propelled vessel] according to the rates mentioned in Schedule 1, 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,4*[or Bombay], such additional fee in respect of the expense (if any) of the journey of the surveyor to the place as the2*[State Government] may by such notification direct.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

2. Substituted for the words "Provincial Government" by A.O., 1950.

3. Substituted for the words "Local Official Government" by A.L.O., 1937.

4. Substituted for the words "Bombay or Rangoon" by A.O., 1937.

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When the survey of a1*[mechanically propelled vessel]2is completed, if the surveyor making it is satisfied that-

(a) The hull, boilers, engines and other machinery of the1*[mechanically propelled vessel] are sufficient for the voyage or service intended and in good condition, and

(b) The equipments of the1[mechanically propelled vessel] and the certificates of the master and engineer are such and in such condition as are required by any law for the time being in force and applicable to the2*[mechanically propelled vessel,] the surveyor shall forthwith give to the owner or master a declaration in the prescribed 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 find other machinery and equipments of the2[mechanically propelled vessel] will be sufficient;

(ii) The limit (if any) beyond which, as regards the hull, boilers, engines and other machinery or equipments, the2[mechanically propelled vessel] is in the surveyor's judgment not fit to ply;

(iii) The number of passengers (if any) which the steam-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,2[* * *]

2*[(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.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

2. Word "and" occurring at the end omitted and then item (iiia) inserted by Inland Steam Vessels (Amendment) Act, 1977 (35 of 1977), Section 7(i), (ii) (1-5-1975).

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(1) The owner or master of a1*[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 the2*[State Government] may, by notification in the3*[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.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

2. Substituted for the words "Provincial Government" by A.O., 1950.

3. Substituted for the words "Local Official Government" by A.L.O., 1937.

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(1) The1*[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 the2*[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 the1*[State Government] may, by notification in the3*[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 a[State Government]), the certificate, in duplicate, so prepared shall be granted to the owner or master by the1*[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 the2*[mechanically propelled vessel] and the declaration of survey have been complied with, and shall set forth -

(a) The particulars concerning the2[mechanically propelled vessel] mentioned in the declaration of surveys as required by clauses (i), (ii) and (in) of section 7, and

(b) Any other prescribed particulars.

(4) The1*[State Government] may, by notification in the3[Official Gazette], delegate to any person all or any of the functions assigned to the1*[State Government] under this section :

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

9A -4*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 in service temporarily pending the issue of the certificate of survey.]

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1. Substituted for the words "Provincial Government" by A.O., 1950.

2. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978).

3. Substituted for the words "Local Official Government" by A.L.O., 1937.
       
4. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

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The owner or master of every1*[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 the1*[mechanically propelled vessel] is in use, on some conspicuous part of the1[mechanically propelled vessel] where it may be easily read by all persons on board.

10A -2* Effect Of Certificates Of Survey

A certificate of survey shall have effect throughout the3*[State] in which it was granted:

Provided that such a certificate may be endorsed by the3*[State Government] of any other3*[State], or with the general or special sanction of the 3*[State Government] of that other3*[State], by the authority granting it, so as to have effect in that other3*[State] or any part thereof, and, if so endorsed, shall have effect accordingly.]

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)
         
2. Inserted by A.O., 1937.

3. Substituted for the word "Province" or words "Provincial Government" by A.L.O, 1950.

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A certificate of survey shall have effect throughout the2[State] in which it was granted:

Provided that such a certificate may be endorsed by the2*[State Government] of any other2*[State], or with the general or special sanction of the2*[State Government] of that other2*[State], by the authority granting it, so as to have effect in that other2*[State] or any part thereof, and, if so endorsed, shall have effect accordingly.]

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1. Inserted by A.O., 1937.

2. Substituted for the word "Province" or words "Provincial Government" by A.L.O, 1950.

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A certificate of survey shall not be in force1*[in any2*[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 the3*[mechanically propelled vessel] to which the certificate relates have been stated in the certificate to be sufficient; or

(c) After notice has been given4*[by the2*[State Government]] of the2*[State] in which it was granted to the owner or master of such2*[mechanically propelled vessel,] that such2*[State] Government has cancelled or suspended it.

5*[A certificate of survey shall not be in force in any2*[State] by virtue of any endorsement in respect of that2*[State], after notice has been given by the2*[State Government] of that2*[State], to the owner or master of a3*[mechanically propelled vessel,] that that Government has cancelled or suspended the endorsement].

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1. Inserted by A.O; 1937.

2. Substituted for the word "Province" or words "Provincial Government" by A.L.O, 1950.

3. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

4. Substituted for the words "Provincial Government" or "Province" by A.L.O., 1950.

5. Inserted by A.O., 1937.

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After a certificate of survey has ceased to be in force, the same shall only be renewed after a fresh survey of the1*[mechanically propelled vessel] to which the certificate relates, has been held in accordance with the provision of this Chapter, save so for as any relaxation thereof may be prescribed.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

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A certificate of survey or any endorsement thereon made under section 10A 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 the1*[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 the1*[mechanically propelled vessel] have sustained any material injury, or have otherwise become insufficient.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978).

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The a [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 a [State Government] may, by notification in the b [Official Gazette] appoint in this behalf.
[Where an endorsement on any certificate of survey for any a [State] has been suspended or cancelled, the a [State Government] of that a [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 his behalf, in order that particulars of the suspension or cancellation of the endorsement may be noted on the certificate.]



A [If a b [State Government] suspends or cancels an endorsement made under section 10A on a certificate of survey it] shall report the fact of suspension or cancellation, together with the reasons therefore, to the b [State Government] which (or whose delegate) granted the certificate.



A survey shall ordinarily be made by one surveyor, but two surveyors may be employed if the a [State Government], by order in writing, so directs either generally in the case of all1*[mechanically propelled vessel] at any place of survey or specially in the case of any particular1*[mechanically propelled vessel] or class of1*[mechanically propelled vessels] at any such place.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

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(1) If the surveyor making a survey of a1*[mechanically propelled vessel] refuses to give a declaration under section 7 with regard to the1*[mechanically propelled vessel,] or gives a declaration with which the owner or master of the1*[mechanically propelled vessel] is dissatisfied, the a [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 a [State Government] may require, direct two other surveyors to survey the1*[mechanically propelled vessel].

(2) The surveyors so directed shall forthwith survey the steam-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.

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

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(1) The a [State Government] may [* * *] makes 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 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 are to be calculated in the case of all or any 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.

19A - Inland Mechanically Propelled Vessels Not To Proceed On Voyage Or Be Used For Service Without Certificate Of Registration

(1) An inland1*[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 any1*[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.

19B -2* 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.

19C - 3* 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 duty entered and such registering authority shall, immediately after registering any inland 1*[mechanically propelled vessel] or within one month at the furthest, send to the State Government a true and exact copy, together with the number, of every certificate which shall be so granted by it.

19D -4* Application For Registration

An application for registration of an inland 1*[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.

19E -5* 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 1*[mechanically propelled vessel] ordinarily resides or carries on business.

(2) Where the owner applying for a certificate of registration is a company 6*[within the meaning of S. 3 of the Companies Act, 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 1*[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.

19F -7* Grant Of Certificate Of Registration

(1) If in respect of any inland 1*[mechanically propelled vessel] the registering authority, after maing such inquiry as it thinks fit, is satisfied that the provisions of this Act or of any rules made thereunder have been complied with, it shall grant to the applicant therefore 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 1*[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 1*[mechanically propelled vessel,] it shall furnish to the applicant a statement in writing containing the reasons for such refusal.

19G - Automatic Registration Of Inland Steam-Vessels Registered Under The Merchant Shipping Acts

[Omitted by Act 35 of 1977, Section 9 (1-5-1978).]

19H -8*Marking Of Inland Mechanically Propelled Vessel

Where an inland 1* [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.

19I - 9*Prohibition Against Transfer Of Certificate Of Registration

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

(2) A certificate of registration in respect of an inland 1*[mechanically propelled vessel] issued by a registering authority in one State shall be valid for that State only, but where any such vessel piles in 10*[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 :

11[*****]

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

19J - 12* Registration Of Alterations

(1) When an inland 1*[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.

(4) Any provisional certificate granted or endorsement made under the provisions of this section shall he 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 registered anew.

19K -13* Transfer Of Registry

(1) The registry of an inland 1*[mechanically propelled vessel] may be transferred from one place in a State to another place in another State on the application by the owner or master of the vessel to 14*[the registering authority of the State in which the vessel is kept registered.]

(2) On receipt of such application, the registering authority shall transmit notice thereof to 15*[the registering authority of the place where the vessel is kept registered.]

16*[(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.

16*[(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 19R requiring the owner or master of an inland mechanically propelled vessel not registered within the State which is brought into or is, for the time being in the State, to furnish to a prescribed authority in the State such information with respect to the inland mechanically propelled vessel and its registration as may be prescribed.]

19L -17* Change Of Residence Or Place Of Business

(1) If the owner of an inland 1*[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 add ress 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.

19M -18* Prohibition Against Transfer Of Ownership Of Registered Vessel

(1) An inland 1[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 1[mechanically propelled vessel] is 19* [registered or deemed to be registered under the Merchant Shipping Act, 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 1* [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 prescribed fee, in order that particulars of the transfer of ownership may bo entered thereon.

19N -20* 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 1*[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.

(2) Where the registration of an inland 1*[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 auihority.

(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.

19O -21* Cancellation Of Registration

(1) If an inland 1*[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 1*[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 registering 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.

19P - 22*Appeals

(1) Any person aggrieved by an order-

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

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

(c) Cancelling a certificate of registration under sub-section (2) of section 19-O.may, within thirty days of the date on which he 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.

19Q -23*Reciprocity

Where the Central Government is satisfied that by the law or practice of any country outside India, inland 1*[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 playing 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 iame exemption or requirement, or an exemption, or a requirement as similar thereto as may be, be granted to, or imposed upon, inland 1[mechanically propelled vessels] registered in that country white plying in the inland waters of the territories to which this Act extends.

19QA -24*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, 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.]

19R -25* 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 1*[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 1*[mechanically propelled vessel] shall make a report of any alteration in the vessel under section 19J;

26*["(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 19K;";]

(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;

26*[(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.]]

19S -27* 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, 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.]

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1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively section 5(w.e.f. 1-5-1978).

2. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3(w.e.f. 11-8-1951).

3. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3(w.e.f. 11-8-1951).

4. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3(w.e.f. 11-8-1951).

5. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

6. Words and figures "registered under the Indian Companies Act, 1913" substituted by Inland Steam-Vessels (Amendment) Act, 1977 (35 of 1977), section 8 (1-4-1977).

7. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

8. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively section 5 (w.e.f. 1-5-1978)

9. Substituted by Inland Steam-vessels (Amendment) Act 35 of 1977, section 10(i)(a) (1-5-1978).

10. Proviso to sub-section (2) omitted and after that sub-section (3) inserted Act 35 of 1977, section 10(i)(a) (1-5-1978).

11. Substituted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007] for the words "twelve months".

12. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3(w.e.f. 11-8-1951).

13. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

14. Substituted for certain words by Amendment Act, 1977 (35 of 1977), section 11(i) (w.e.f. 1-5-1978).

15. Substituted for certain words by Amendment Act, 1977 (35 of 1977), by section 11(ii).

16. Substituted for sub-sections (3) and (4) by Amendment Act, 1977 (35 of 1977), section 11(iii).

17. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3(w.e.f. 11-8-1951).

18. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

19. Substituted for certain words and figures substituted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 12 (w.e.f. 1-5-1978).

20. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3(w.e.f. 11-8-1951).

21. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

22. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

23. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

24. Inserted by Amendment Act, 1977 (35 of 1977), Section 13 (w.e.f. 1-5-1978).

25. Chapter II-A containing sections 19A to 19R was inserted by the Inland Steam-Vessels (Amendment) Act, 1951 (26 of 1951), section 3 (w.e.f. 11-8-1951).

26. Inserted by Amendment Act, 1966 (35 of 1977), Section 13(a) and (b) (w.e.f. 1-5-1978).

27. Inserted by Amendment Act, 1977 (35 of 1977), Section 15 (w.e.f. 1-5-1978).

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The1*[State Government] may appoint examiners for the purpose of examining the qualifications of persons desirous of obtaining certificates there in after 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 inland2*[mechanically propelled vessels].

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1. Substituted for "Provincial Government" by A.L.O., 1950.

2. For the words "Steam-vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "mechanically propelled vessels" substituted respectively section 5 (w.e.f. 1-5-1978.)

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Last updated on August, 2016

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