Indian Bare Acts

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Year : 1985

(1) The Authority may:

(a) Carry out surveys and investigations for the development, maintenance and better utilisation of the national waterways and the appurtenant land for shipping and navigation and prepare schemes in this behalf;

(b) Provide or permit setting up of infrastructural facilities for national waterways;

(c) Carry out conservancy measures and training works and do all other acts necessary for the safety and convenience of shipping and navigation and improvement of the national waterways;

(d) Control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterways and appurtenant land, in so far as they may affect safe and efficient, shipping and navigation, maintenance of navigable channels, river training and conservancy measures;

(e) Remove or alter any obstruction or impediment in the national waterways and the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration;

(f) Provide for the regulation of navigation and traffic (including the rule of the road) on national waterways;

(g) Regulate the construction or alteration of structures on, across or under the national waterways;

(h) Disseminate navigational meteorological information about national waterways;

(i) Ensure co-ordination of inland water transport on national waterways with other modes of transport; and

(j) Establish and maintain pilotage on national waterways.

(2) The Authority may also:

(a) Advise the Central Government on matters relating to inland water transport;

(b) Study the transport requirement with a view to co-ordinating inland water transport with other modes of transport;

(c) Carry out hydrographic surveys and publish river charts;

(d) Assist, on such terms and conditions as may be mutually agreed upon, any State Government in formulation and implementation of scheme for inland water transport development;

(e) Develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed upon, in India and abroad in relation to planning and development of waterways for shipping and navigation or any facility thereat;

(f) Conduct research in matters relating to inland water transport including development of craft design, mechanisation of country crafts, technique of towage, landing and terminal facilities, port installations and survey techniques;

(g) Lay down standards for classification of inland waterways;

(h) Arrange programme of technical training for inland water transport personnel within and outside the country; and

(i) Perform such other functions as may be necessary to carry out the provisions of this Act.

(3) Any dispute arising out of or concerning the compensation referred to in clause (e) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes.

(4) Every scheme, prepared by the Authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the amount as may be prescribed, shall be submitted to the Central Government for approval.

(5) The Central Government may either approve the scheme submitted to it under sub-section (4) without modification or with such modifications as it may consider necessary or reject the scheme with directions to the Authority to prepare a fresh scheme according to such directions.

The Authority shall not make any material change in the scheme approved under sub-section (5) of section 14 without the prior approval of the Central Government.

Explanation: For the purposes of this section, "material change" means an increase in the cost of the scheme by more than twenty per cent. of its cost or a change in the benefit and cost ratio which either makes the cost component in the ratio exceeds the benefit or reduces the benefit component by more than twenty per cent.

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Last updated on April, 2016

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