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THE INLAND VESSELS ACT, 1917

Title : THE INLAND VESSELS ACT, 1917

Year : 1917



(1) The1*[State Government] or such officer as it may, by notification in the2*[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 serang, or as an engineer, first-class engine-driver or second-class engine-driver, as the case may be, on board an inland3[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.

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

2. Substituted for "Local Official Gazette" by A.O., 1937.

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 section 5 (w.e.f. 1-5-1978.)

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(1) The 1*[State Government] may, 2*[if it thinks fit] grant without examination to any person who has served as a master, or as an engineer, of 5*[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 3*[mechanically propelled vessel].

6*[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 (m) 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.
 
22A -7 Licences

(1) The 8*[State Government] may, also 9 [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 inland10 [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's11*[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958], and has, by virtue of such certificate, served as an engine-driver of an inland10*[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 inland10*[mechanically propelled vessel] having engines of one hundred and seventy nominal horsepower or of such less nominal horse-power12* [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].

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

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

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 section 5 (w.e.f. 1-5-1978.)

4. Words and figures "before The first day of April, 1890" substituted by Act 35 of 1977, Section 16 (1-5-1978).

5. Substituted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007] for the words and figures:
"an inland3[mechanically propelled vessel]4[for a period of three years before the first day of November, 1956"
 
6. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

7.Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 2.

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

9. Substituted for "in its discretion" by A.O., 1937.

10. 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.)

11. Substituted by Amendment Act, 1977 (35 of 1977), S. 20 (1-5-1978).

12. Substituted for "as to such Government" by the Repealing and Amending Act, 1923 (11 of 1923), section 2and Schedule I.

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Every certificate of competency or service1*[and every licence] granted under this Act shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate2*[or licence] and the other shall be kept and recorded in the prescribed manner.

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1. Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 3.

2. Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), Section 4.

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Whenever a master or serang, or an engineer or engine-driver, proves, to the satisfaction of the authority which granted his certificate,1*[or licence] that he has, without fault on his part, lost or been deprived of it, a copy of the certificate1*[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.

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1. Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 3.

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An inland1*[mechanically propelled vessel] having engines of2*[one hundred] or more 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's3[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958],4[or a master's licence granted under section 22A and applicable to such vessel and voyage], arid

(b) As her engineer a person possessing an engineer's certificate granted under this Act,3[or granted or deemed to be granted under the Merchant Shipping Act, 1958]4[or an engine-driver's licence granted under section 22A and applicable to such vessel and voyage].

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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. Substituted for "eighty" by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 5.

3. Certain words and figures substituted by Amendment Act, 1977 (35 of 1977), section 18(i) (1-5-1978).

4. Inserted by Act 6 of 1920, section 5.

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An inland1*[mechanically propelled vessel] having engines of2*[forty] or more nominal horse-power, but of less than3*[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's4[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958], or any certificate referred to in clause (b) of section 25:

Provided that a1*[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.

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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. Substituted for "thirty" by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 6.

3. Substituted for "eighty", by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 6.

4. Substituted by Amendment Act, 1977 (35 of 1977), Section 20 (1-5-1978).

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An inland1*[mechanically propelled vessel] having engines of less than 2*[forty] nominal horse-power shall not proceed on any voyage unless she has-

(a) As her master a person possessing a serang'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 cl. (b) of section 26:

Provided that a1*[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.

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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. Substituted for "thirty" by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 6.

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Notwithstanding anything in this Chapter, the1*[State Government] may, by general or special order, direct that a person possessing-

(a) A master's2*[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958], or

(b) An engineer's or engine-driver's2*[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958], shall not act as master or engineer, as the case may be, of an inland3*[mechanically propelled vessel] unless he also possesses--

(i) In case (a), such a master's or sering's certificate granted under this Act as qualifies him under this Chapter to act as master of the3*[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 the3[mechanically propelled vessel]:

Provided
that, for the purposes of this section, the State Government may4[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.

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

2. Substituted by Amendment Act, 1977 (35 of 1977), Section 20 (1-5-1978).

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 section 5 (w.e.f. 1-5-1978.)

4. Substituted for "in its discretion" by A.O., 1937.

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(1) The1*[State Government] may2[* * *] 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.

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

2. The words "with the previous sanction of the Governor-General in Council" were omitted by A. O., 1937.

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The1*[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-

3*[(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,]

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

(b) The forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to be kept and recorded under section 23.
 
30A - 4*Power For State Government To Make Rules As To Grant Of Licences

The 5*[State Government] may also make rules to regulate the granting of licences under section 22 A, and may by such rules prescribe in particular -

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

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

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

2. Clause (a) re-lettered as clause (aa) by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

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

4.Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 3.

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

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A certificate of competency or service and licence granted under this Chapter shall have effect throughout India.]
 
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1. Substituted for certain words by A.O., 1937.

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

3.Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), section 3.

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

"1[A certificate of competency or service or a licence granted under this Chapter] shall have effect throughout the 2[State] in which it was granted :

Provided that the authority granting such certificate 3*[or licence] may, by endorsement thereon, restrict the effect of such certificate 3*[or licence] to any part of such 2*[State]:

Provided further
that such certificate 3*[or licence] may be endorsed by the 2*[State Government] of any other 2*[State], or with the general or special sanction of the 2*[State Government] of such other 2*[State], by the authority granting it so as to have effect in such other 2*[State] or any part thereof, and thereupon shall have effect accordingly."

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Whenever -

(a) Any inland1*[mechanically propelled vessel] has been wrecked, abandoned or materially damages, or

(b) By reason of any casualty happening to, or on board of, any inland1[mechanically propelled vessel], loss of life has ensued, or

(c) Any inland1*[mechanically propelled vessel] has caused loss or material damage to, any other vessel, the master of the1*[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.

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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.)

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(1)1*[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 the2*[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 inland3[mechanically propelled vessels], and the other or others (if any) shall be conversant with either maritime or mercantile affairs, or with the navigation of inland3*[mechanically propelled vessels].

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1. Subsisted by Amendment Act, 1977 (35 of 1977), S. 21 (w.e.f. 1-5-1978).

2. Substituted for the 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 section 5 (w.e.f. 1-5-1978.)

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(1) Any Court making an investigation under section 33 may inquire into any charge of in competency 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.



(1) If the1*[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 in competency 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 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 the1[State Government].

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

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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 111, the Court may summon him to appear, and shall give him full opportunity of making a defence, either in person or otherwise.



(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 inland1[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, arty person conversant with maritime affairs or the navigation of inland1*[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.

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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.)

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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 the 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 are exercisable respectively by either Court in the exercise of its criminal jurisdiction.



(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 the1[State Government] in this behalf, authorise any officer to enter any vessel.

(2) An officer so authorised 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.

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

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

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Whenever, in the course of an investigation under this Chapter, it appears to the Court making the investigation that any person has committed, within1[the territories to which this Act extends], an offence punishable under any law in force in1[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)-

(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.

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1. Substituted for "the Provinces" by A. L. O., 1950.

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(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.



The Court shall, in the case of every investigation under this Chapter, transmit to the1*[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.

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

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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.



(1) Whenever any explosion occurs on board any inland1*[mechanically propelled vessel], the2*[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 the1*[mechanically propelled vessel], with all necessary workmen and labourers, and remove any portion of the1[mechanically propelled vessel], or of the machinery thereof, and shall report to the2*[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,

44A - 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 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 are not sufficient to meet the expenses and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the competent officer on demand, and if the deficiency be not paid within one month of such demand, the competent officer may recover the deficiency from such owner as if it were an arrear of land revenue.

44B - Removal Of Obstruction In Inland Water

(1) The competent officer may remove, or cause to be removed, any timber, raft or other thing, floating or being in any part of 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.

44C - 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.

44D - 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 according to the law relating to the like disputes in the case of land required for public purposes.

44E - 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 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.]

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

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1*[Any certificate granted or any endorsement made under Chapter III may be suspended or cancelled by the Government of the 2* [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 work 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

3*[(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 serang, or as engine-driver, such person is or has become, in the opinion of the 2*[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 4* [or endorsement] shall not be suspended or cancelled under clause (a), unless the 2*[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.

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

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

3. Inserted by Amendment Act, 1977 (35 of 1977), Section 23 (1-5-1978).

4. Inserted by A.O., 1937.

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Last updated on August, 2016

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The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

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Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

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Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

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