Indian Bare Acts

Search Alphabatically :

THE INLAND VESSELS ACT, 1917

Title : THE INLAND VESSELS ACT, 1917

Year : 1917



 
Every person whose certificate is suspended or cancelled under this Chapter shall deliver it up to such person as the1*[State Government] which suspended or cancelled it may direct.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------------------------------------------------------------------------------



1*[If a 2*[State Government] suspends or cancels an endorsement under this Chapter, it] shall report the proceedings, and the fact of suspension or cancellation to the 2*[State Government] by which, or under authority from which, 3*[the certificate] was granted.

------------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

3. Substituted for "such certificate" by A. O., 1937.

------------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Any1*[State Government] may, at any time, revoke any order of suspension or cancellation which it may have made under this Chapter, or grant, 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------------------------------------------------------------------------------



The1*[State Government] may, by notification in the2[Official Gazette] declare what shall, for the purposes of this Act, be deemed to be dangerous goods.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted for "Provincial Government" by A. L. 0., 1950.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) No person shall -

(a) Take with him on board an inland1*[mechanically propelled vessel] any dangerous goods without giving notice of their nature to the owner or master of the1[mechanically propelled vessel], or

(b) Deliver or tender for carriage on such1*[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 inland1*[mechanically propelled vessel] suspects, or has reason to believe, that any luggage or parcel taken, delivered, or tendered, for carriage on the 1*[mechanically propelled vessel] contains dangerous goods, he may -

(i) Refuse to carry it upon the1[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.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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).

---------------------------------------------------------------------------------------------------------------------------------------------------------



Where any dangerous goods have been taken or delivered on board any inland1*[mechanically propelled vessel] in contravention of section 50, the owner or master of the1*[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.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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).

---------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The 2*[State Government] may make rules for the protection of inland 1*[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 1*[mechanically propelled vessels];

(b) Prescribe precautions to be taken to prevent explosions or fires on board inland 1*[mechanically propelled vessels];

(c) prescribe the apparatus which is to be kept on board inland1*[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 inland1*[mechanically propelled vessels];

(f) Regulate the carriage and exhibition of lights by other vessels on specified inland waters on which1[mechanically propelled vessels] ply;

(g) Prescribe the steering rules to be observed;

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

(i) Prescribe the speed at which inland 1*[mechanically propelled vessels] may be navigated in specified areas; 3[* * *]

(j) Regulate the navigation of inland 1*[mechanically propelled vessels] to prevent danger to other vessels, or to the banks, channels, navigation marks or any property, movable or immovable, in or abutting on the navigable channels.

4*[(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.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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 "Provincial Government" by A. L. 0., 1950.

3. Omitted the words "and" by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

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



(1) The1*[State Government] may make rules to regulate the carriage of passengers in inland2*[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, inland1*[mechanically propelled vessels];

(b) Provide for the payment of fare's, and the exhibition of tickets or receipts (if any) showing the payment of their fares, by passengers in inland2[mechanically propelled vessels]; and

(c) Regulate generally the conduct of passengers in inland2*[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 inland2*[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 by3*[section 43 of the Code of Criminal Procedure, 1973], in the case of arrest by private persons shall apply to every arrest made under this section.

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted for "Provincial Government" by A. L. 0., 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).

3. Substituted by Amendment Act, 1977 (35 of 1977), section 24 (w.e.f. 1-5-1978).

----------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The 1*[State Government] may also make rules for the protection of passengers in inland2*[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.

54A - 3*Power Of State Government To Fix Maximum And Minimum Rates For Passenger fares And Freight For Goods

(1) The 4*[State Government] may, by notification in the Official Gazette, after such inquiry as it may consider necessary, in respect of any system of inland waterways, or of any stretch of inland waterway, or of the run between any two stations on an inland waterway,-

(a) Fix the maximum or minimum rate 5*[per kilometer] which may be charged for passenger fares for passengers of any class traveling on inland 6*[mechanically propelled vessels];

(b) Fix the maximum rate 5[per kilometer] which may be charged for freight on goods of any description carried in inland
6*[mechanically propelled vessels];

(c) Fix the minimum rate 5*[per kilometer] which may be charged for freight on goods of any description carried in inland 6*[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 4*[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 6[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 6*[mechanically propelled vessel] or group of such vessels to cease from carrying such passengers or goods.]

7*[(3) In case of any dispute relating to the fixation of the maximum or the minimum rate per kilometer 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.]

54B -8* Power To Make Rules Providing For The Appointment Of Advisory Committees

The 4*[State Government] may make rules providing for the appointment, constitution, procedure and functions of Committees to advise the owners, agents and charterers of inland 6*[mechanically propelled vessels] on questions affecting the interests of passengers and shippers of goods.]

54C -9* 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";

(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 19F 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 :,hall 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.

54D -10* Definitions

In this Chapter, unless the context otherwise requires,-

(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.]

54E -11* 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.]

54F -12* 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.]

54G -13* 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.

54H -14* 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 54D;

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

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

(d) Prescribe the forms and record books for inland port, cargo or passenger terminal and 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.]

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted for "Provincial Government" by A. L. 0., 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).

3. Sections 54-A and 54-B were inserted by the Inland Steam-vessels (Amendment) Act, 1930 (13 of 1930), Section 2.

4. Substituted for "Provincial Government" by A. L. 0., 1950.

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

6. 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).

7. Inserted, by Amendment Act, 1977 (35 of 1977). Section 25 (w.e.f. 1-5-1978).
         
8. Substituted for "Provincial Government" by A. L. O., 1950.
         
9. Substituted by the Inland Vessels (Amendment) Act, 2007, [Act No. 35 of 2007].

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

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

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

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

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

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) If any inland1[mechanically propelled vessel] proceeds on a voyage in contravention of section2[or section 19A], the owner and the master of the1[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  1*[mechanically propelled vessel] which proceeds on a voyage in contravention of section 3 2*[or section 19A] is a licensed pilot, he shall be liable to have his licence as a pilot suspended or cancelled, for any period, by the 3*[State Government].

------------------------------------------------------------------------------------------------------------------------------------------------------------

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. 1-5-1078).

2. Inserted by the Inland Steam-vessels (Amendment) Act, 1951 (26 of 1951), Section 4 (w.e.f. 11-8-1951).

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

------------------------------------------------------------------------------------------------------------------------------------------------------------



If the certificate of survey is not kept affixed in an inland 1*[mechanically propelled vessel] as required by section 10 2*[or if the registration mark is not displayed as required by section 19H], the owner and the master of the1[mechanically propelled vessel] shall each be punishable with fine which may extend to one hundred rupees.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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. 1-5-1078)

2. Inserted by the Inland Steam-vessels (Amendment) Act, 1951 (26 of 1951), Section 5 (w.e.f. 11-8-1951).

---------------------------------------------------------------------------------------------------------------------------------------------------------



If the owner or master of an inland 2*[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 19N so to do; or

(c) To surrender a certificate of registration as required by section 19-O, he shall be punishable with fine, which may extend to one hundred rupees.]

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted for the original section, by the Inland Steam-vessels (Amendment) Act, 1951 (26 of 1951), Section 6 (w.e.f. 11-8-1951).

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. 1-5-1078)

---------------------------------------------------------------------------------------------------------------------------------------------------------



If an inland1*[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 judgment of the surveyor, fit to carry, the owner and the master shall each be punishable with fine which may extend to2*[one hundred rupees] for every passenger over and above that number.

58A -3* 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 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].

------------------------------------------------------------------------------------------------------------------------------------------------------------

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. 1-5-1078)

2. Words "ten rupees" substituted by Amendment Act, 1977 (35 of 1977), Section27 (w.e.f. 1-5-1978).

3. Inserted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977),Section 2B (w.e.f. 1-5-1978).

---------------------------------------------------------------------------------------------------------------------------------------------------------



If any person-

(a) Proceeds on any voyage in an inland1*[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 certificate2*[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 inland1*[mechanically propelled vessel] any person without ascertaining that he is at the time entitled to, and possessed of, such certificate2*[or licence],
he shall be punishable with fine which may extend to five hundred rupees.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

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. 1-5-1078).

2. Inserted by the Inland Steam-vessels (Amendment) Act, 1920 (6 of 1920), Section 10.

--------------------------------------------------------------------------------------------------------------------------------------------------------



If any master willfully 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.



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.



If any person, in contravention of section 50, takes with him on board any inland1[mechanically propelled vessel any dangerous goods, or delivers or tenders any such goods for carnage on any inland1*[mechanically propelled vessel], he shall be punishable with fine which may extend to two hundred rupees, and the goods shall be forfeited to Government.

62A -2* 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.

62B - 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.

62C - 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.]

62D -3* 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.

62E -3* Offences by companies

(1) Where an offence under Chapter VI AB 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 VI AB 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.'.

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Sections 62A to 62C inserted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), Section 29 (w.e.f. 1-5-1978).

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. 1-5-1078).

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

----------------------------------------------------------------------------------------------------------------------------------------------------------



If any person employed or engaged in any capacity on board an inland1*[mechanically propelled vessel], by willful 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.

63A -2* 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 his 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' 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.

63B - 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 willful 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 willful disobedience to lawful command or continued willful 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 command 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 willfully damages his mechanically propelled vessel or commits criminal misappropriation or breach of trust in respect of or willful damage 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.

63C - 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.

63D -2* General Provision For Punishment Of Offences Not Otherwise Provided 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.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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. 1-5-1078).

2. Section 63A as inserted by Inland Steam-vessels (Amendment) Act, 1951, (26 of 1951), Section7 (11-8-1951), renumbered as Section 63D and before Section63D as so renumbered, Ss. 63A to Section 63C inserted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), Section30 (w.e.f. 1-5-1978).

---------------------------------------------------------------------------------------------------------------------------------------------------------



Where the owner or master of an inland1*[mechanically propelled vessel] is convicted of an offence under this Act or any rule made thereunder committed on board, or in relation to, that 1*[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 the1*[mechanically propelled vessel] and the tackle, apparel and furniture thereof, or so much thereof as is necessary.

---------------------------------------------------------------------------------------------------------------------------------------------------------

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. 1-5-1078)

---------------------------------------------------------------------------------------------------------------------------------------------------------



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 there under, unless he is a Presidency Magistrate,1*or a Magistrate whose powers are not less than those of a Magistrate of the first class.

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Magistrates in the City of Ahmedabad have the jurisdiction and exercise the powers of a Presidency Magistrate - See Guj. Act 19 of 1961, section 14(3).

---------------------------------------------------------------------------------------------------------------------------------------------------------



If any person commits an offence against this Act or any rule made there under, he shall be triable for the offence in any place in which he may be found or which the1*[State Government], by notification in the2*[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.

--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The1*[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.

----------------------------------------------------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------------------------------------------------



The2*[State Government] may,3[*****] by notification in the 4*[Official Gazette], declare that all or any of the provisions of 5*[Chapters II, IIA and III] shall not apply in the case of any specified class of1*[mechanically propelled vessels], or shall apply to them with such modifications as may be specified in the notification.

--------------------------------------------------------------------------------------------------------------------------------------------------------

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 "Provincial Government" by A.L.O., 1950.

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

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

5. Substituted for "Chapters II and III" by the Inland Steam-vessels (Amendment) Act, 1951 (26 of 1951), section 8 (w.e.f. 11-8-1951).

--------------------------------------------------------------------------------------------------------------------------------------------------------



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.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Amendment Act, 1977 (35 of 1977), Section 31 (w.e.f. 1-5-1978).

-----------------------------------------------------------------------------------------------------------------------------------------------------------



The1*[Central Government] may, by notification in the2*[Official Gazette], define how much of any tidal water shall be deemed to be an inland water for the purposes of this Act:

3[*****]

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted for "State Government" by Act 38 of 1950.

2. Substituted for "State Government" by the Inland Steam-vessels (Amendment) Act, 1950 (38 of 1950),section 2 (w.e.f. 24-4-1950).

3. Proviso was omitted, by the Inland Steam-vessels (Amendment) Act, 1950 (38 of 1950), section 2 (w.e.f. 24-4-1950).

---------------------------------------------------------------------------------------------------------------------------------------------------------



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



(1) Subject to the provisions of section 31, every master of an inland 1*[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 1* [mechanically propelled vessel] of which he is in charge.

2[(2) *****]

72A -3* Endorsement Of Certificates And Licences Granted In Pakistan

Any certificate or licence granted by the Government 4*[of Bangladesh] in accordance with the provisions of any law for the time being in force in 5* [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].

--------------------------------------------------------------------------------------------------------------------------------------------------------

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. Sub-section (2) was omitted by A.C.A.O., 1948.
         
3. Inserted by the Inland Steam-vessels (Amendment) Act, 1949 (58 of 1949), section 2 (w.e.f. 26-12-1940).

4. Substituted for the words "of a Province of Pakistan" by Amendment Act, 1977 (35 of 1977), Section32 (w.e.f. 1-5-1978).

5. These words shall stand unmodified, vide A.L.O., 1950.

--------------------------------------------------------------------------------------------------------------------------------------------------------



1 ***

--------------------------------------------------------------------------------------------------------------------------------------------------------

1.Omitted by Amendment Act, 1977 (35 of 1977),Section3.1(w.e.f. 1-5-1978).

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The power to make rules conferred 1 [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 the2*[Official Gazette], and shall thereupon have effect as if enacted in this Act.

3*[(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],

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

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Amendment Act, 1977 (35 of 1977),Section34(i) (w.e.f. 1-5-1978).

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

3.Inserted by Act 35 of 1977,Section34 (ii) (w.e.f. 1-5-1978).

4.Inserted by The Delegated Legislations Provisions (Amendment) Act, 2004

----------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on August, 2016

Find a Lawyer

Legal Hall of Fame

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

More

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

More

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!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female