THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title and commencement. 

2. Definitions. 

CHAPTER II 

INLAND WATERWAYS AUTHORITY OF INDIA 

3. Constitution and incorporation of the Inland Waterways Authority of India. 

4. Conditions of service of members. 

4A. Disqualifications for appointment as member. 

5. Powers of Chairman and Vice-Chairman. 

5A. Meetings. 

6. Removal, etc., of members. 

7. Vacancy, etc., not to invalidate proceedings of the Authority. 

8. Secretary and other officers. 

9. Advisory Committees. 

10. Authority to act on business principles. 

CHAPTER III 

PROPERTY AND CONTRACTS 

11. Transfer of assets and liabilities of the Central Government to the Authority. 

12. Contracts by the Authority. 

13. Mode of executing contracts on behalf of the Authority. 

CHAPTER IV 

FUNCTIONS AND POWERS OF THE AUTHORITY 

14. Functions of the Authority. 

15. Amendment of schemes.  

16. [Omitted.]. 

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

17. Levy and collection of fees and charges. 

18. Grants and loans by the Central Government. 

18A. Borrowing powers of the Authority. 

19. Constitution of the Fund. 

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SECTIONS 

20. Budget. 

21. Investment of funds.  

22. Annual report. 

23. Accounts and audit. 

24. Annual report and auditors’ report to be laid before Parliament. 

CHAPTER VI 

MISCELLANEOUS 

25. Power of Central Government to issue directions. 

26. Compulsory acquisition of land for the Authority. 

27. Application, etc., of certain laws. 

28. Power to enter. 

29. Delegation. 

30. Authentication of orders and other instruments of the Authority. 

31. Members, officers and employees of the Authority to be public servants. 

32. Protection of action taken in good faith. 

33. Power of Central Government to supersede the Authority. 

34. Power to make rules. 

35. Power to make regulations. 

36. Rules and regulations to be laid before Parliament. 

37. Power to remove difficulties. 

38. Amendment of Act 49 of 1982. 

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THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985 

ACT NO. 82 OF 1985 

An  Act  to  provide  for  the  constitution  of  an  Authority  for  the  regulation  and  development  of 
inland  waterways  for  purposes  of  shipping  and  navigation  and  for  matters  connected 
therewith or incidental thereto.  

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— 

[30th December, 1985.] 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Inland Waterways Authority of 

India Act, 1985. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “appurtenant land” means all lands appurtenant to a national waterway, whether demarcated 

or not; 

(b) “Authority” means the Inland Waterways Authority of India constituted under section 3; 

(c) “channel” means any waterway, whether natural or artificial; 

(d) “conservancy” includes dredging, training, closure, diversion or abandoning channels; 

(e) “conservancy measures” means measures for purposes of conservancy, but does not include 
measures for protection of banks against floods or for restricting banks which have become eroded 
mainly on account of reasons not connected with shipping and navigation; 

(f)  “infrastructure”  includes  structures  such  as  docks,  wharves,  jetties,  landing  stages,  locks, 
buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the 
expression “infrastructural facilities” shall be construed accordingly; 

(g) “member” means a member of the Authority appointed under sub-section (3) of section 3; 

(h)  “national  waterway”  means  the  inland  waterway  declared  by  section  2  of  the  National 

Waterway 
1982 (49 of 1982), to be a national waterway. 

(Allahabad-Haldia  Stretch 

of 

the  Ganga-Bhagirathi-Hooghly  River)  Act,                       

Explanation.—If Parliament declares by law any other waterway to be a national waterway, then 

from the date on which such declaration takes effect, such other waterway— 

(i) shall be deemed also to be a national waterway within the meaning of this clause; and 

(ii) the provisions of this Act shall, with necessary modifications (including modification for 
construing any reference to the commencement of this Act as a reference to the date aforesaid), 
apply to such national waterway; 

(i) “navigable channel” means a channel navigable during the whole or a part of the year; 

(j) “prescribed” means prescribed by rules made under this Act; 

1. 27th October, 1986, vide notification No. S.O. 763(E), dated 27th October, 1986, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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(k) “regulations” means regulations made by the Authority under this Act; and 

(l) “rules” means rules made by the Central Government under this Act. 

CHAPTER II 

INLAND WATERWAYS AUTHORITY OF INDIA 

3. Constitution and incorporation of the Inland Waterways Authority of India.—(1) With effect 
from  such  date  as  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  appoint  in  this 
behalf,  there  shall  be  constituted  for  the  purposes  of  this  Act  an  Authority,  to  be  called  the  Inland 
Waterways Authority of India. 

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a 
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, 
both movable and immovable, and to contract and shall by the said name sue and be sued. 

1[(3) The Authority shall consist of the following members, namely:— 

(a) a Chairman; 

(b) a Vice-Chairman; 

(c) not more than three full-time members; and 

(d) not more than three part-time members, 

to be appointed by the Central Government by notification in the Official Gazette.] 

(4)  The  Authority  may  associate  with  itself,  in  such  manner  and  for  such  purposes  as  may  be 
determined by regulations, any person whose assistance or advice it may desire in complying with any of 
the provisions of this Act and a person so associated shall have the right to take part in the discussions of 
the Authority relevant to the purpose for which he has been associated, but shall not be entitled to vote. 

4.  Conditions  of  service  of  members.—The  term  of  office  and  other  conditions  of  service  of  the 

members shall be such as may be prescribed. 

2[4A.  Disqualifications  for  appointment  as  member.—A  person  shall  be  disqualified  for  being 

appointed as a member, if he— 

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the 

Central Government, involves moral turpitude; or 

(b) is an undischarged insolvent; or 

(c) is of unsound mind and stands so declared by a competent court; or 

(d) has been removed or dismissed from the service of the Government or a company owned or 

controlled by the Government; or 

(e) has, in the opinion of the Central Government, such financial or other interest in the Authority 

as is likely to affect prejudicially the discharge by him of his functions as a member.] 

5. Powers of Chairman and Vice-Chairman.—(1) The Chairman of the Authority shall, in addition 
to  presiding  over  the  meetings  of  the  Authority,  exercise  and  discharge  such  powers  and  duties  of  the 
Authority  as  may  be  delegated  to  him  by  the  Authority  and  such  other  powers  and  duties  as  may  be 
prescribed. 

(2) The Vice-Chairman of the Authority shall exercise and discharge such of the powers and duties of 

the Chairman as may be prescribed or as may be delegated to him by the Authority. 

1. Subs. by Act 40 of 2001, s. 2, for sub-section (3) (w.e.f. 1-7-2003). 
2. Ins. by s. 3, ibid. (w.e.f. 1-7-2003). 

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1[5A. Meetings.—(1) The Authority shall meet at such times and places and shall observe such rules 
of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may 
be provided by regulations. 

(2) The Chairman or in his absence, the Vice-Chairman, or in the absence of both, such other member 

as is chosen by the members present at the meeting of the Authority shall preside at the meeting. 

(3) All questions which come up before any meeting of the Authority shall be decided by a majority 
of votes of the members present and voting, and in the event of an equality of votes, the Chairman or in 
his absence, the Vice-Chairman, or in the absence of both, the person presiding, shall have and exercise a 
second or casting vote.] 

6. Removal, etc., of members.—(1) The Central Government may remove from the Authority any 

member who, in its opinion,— 

(a) refuses to act, 

(b) has become incapable to act, 

(c)  has  so  abused  his  office  as  to  render  his  continuance  in  office  detrimental  to  the  public 

interest, or 

(d) is otherwise unsuitable to continue as a member. 

(2) The Central Government may suspend any member pending an inquiry against him. 

(3)  No  order  of  removal  under  this  section  shall  be  made  unless  the  member  concerned  has  been 
given an opportunity to submit his explanation to the Central Government and when such order is passed, 
the seat of the member removed shall be declared vacant. 

(4) A member who has been removed under this section shall not be eligible for re-appointment as a 

member or in any capacity under the Authority. 

7.  Vacancy,  etc.,  not  to  invalidate  proceedings  of  the  Authority.—No  act  or  proceeding  of  the 

Authority shall be invalidated merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Authority; or 

(b) any defect in the appointment of a person acting as a member of the Authority; or 

(c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

8.  Secretary  and  other  officers.—(1)  The  Authority  may  appoint  the  Secretary  and  such  other 
officers and employees as it considers necessary for the efficient discharge of its functions under this Act. 

(2)  The  terms  and  conditions  of  service  of  the  Secretary  and  other  officers  and  employees  of  the 

Authority shall be such as may be determined by regulations. 

9. Advisory Committees.—(1) Subject to any rules made in this behalf, the Authority may from time 
to  time  constitute  such  Advisory  Committees  as  may  be  necessary  for  the  efficient  discharge  of  its 
functions. 

(2) Every Advisory Committee shall consist of such number of persons connected with shipping and 

navigation and allied aspects as the Authority may deem fit. 

10. Authority to act on business principles.—In the discharge of its functions under this Act, the 

Authority shall act, so far as may be, on business principles. 

1. Ins. by Act 40 of 2001, s. 4 (w.e.f. 1-7-2003). 

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CHAPTER III 

PROPERTY AND CONTRACTS 

11. Transfer of assets and liabilities of the Central Government to the Authority.—(1) As from 

such day as the Central Government may, appoint by notification in the Official Gazette,— 

(a)  all  properties  and  other  assets  vested in  the  Central  Government  for  the  purposes  of  Inland 
Water  Transport  Directorate,  and  administered  by  the  Chief  Engineer-cum-Administrator,  Inland 
Water Transport Directorate, immediately before such day shall vest in the Authority; 

(b)  all  debts,  obligations  and  liabilities  incurred,  all  contracts  entered  into  and  all  matters  and 
things engaged to be done by, with, or for the Central Government immediately before such day for 
or  in  connection  with  the  purposes  of  Inland  Water  Transport  Directorate  shall  be  deemed  to  have 
been incurred; entered into and engaged to be done by, with, or for the Authority; 

(c) all non-recurring expenditure incurred by the Central Government for or in connection with 
the  purposes  of  Inland  Water  Transport  Directorate  up  to  such  day  and  declared  to  be  capital 
expenditure  by  the  Central  Government  shall,  subject  to  such  terms  and  conditions  as  may  be 
determined by the Central Government, be treated as capital provided by the Central Government to 
the Authority; 

(d)  all  sums  of  money  due  to  the  Central  Government  in  relation  to  Inland  Water  Transport 

Directorate immediately before such day shall be deemed to be due to the Authority; 

(e)  all  suits  and  other  legal  proceedings  with  respect  to  any  matter  in  relation  to  Inland  Water 
Transport  Directorate  which  having  been  instituted  by  or  against  the  Central  Government  are 
pending, or which could have been so instituted, immediately before such date shall on and after such 
date be continued or instituted by or against the Authority; and 

(f)  every  employee  holding  any  office  under  the  Central  Government  immediately  before  such 
day solely or mainly for or in connection with such affairs of Inland Water Transport Directorate as 
are relevant to the functions of the Authority under this Act shall be treated as on deputation with the 
Authority but shall hold his office in the Authority by the same tenure and upon the same terms and 
conditions  of  service  as  respects  remuneration,  leave,  provident  fund,  retirement  or  other  terminal 
benefits  as  he  would  have  held  such  office,  if  the  Authority  had  not  been  constituted  and  shall 
continue  to  do  so  until  the  Central  Government,  either  on  its  own  motion  or  at  the  request  of  the 
Authority,  recalls  such  employee  to  its  service  or  until  the  Authority,  with  the  concurrence  of  the 
Central Government, duly absorbs such employee in its regular service, whichever is earlier: 

Provided  that  during  the  period  of  deputation  of  any  such  employee  with  the  Authority,  the 
Authority shall pay to the Central Government in respect of every such employee, such contribution 
towards his leave salary, pension and gratuity as the Central Government may, by order, determine: 

Provided further that any such employee, who has, in respect of the proposal of the Authority to 
absorb him in its regular service, intimated within such time as may be specified in this behalf by the 
Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by 
the Authority in its regular service. 

(2)  If  any  dispute  or  doubt  arises  as  to  which  of  the  properties,  rights  or  liabilities  of  the  Central 
Government  have  been  transferred  to  the  Authority  or  as  to  which  of  the  employees  serving  under  the 
Central Government are to be treated as on deputation with the Authority, under this section, such dispute 
or doubt shall be decided by the Central Government in consultation with the Authority and the decision 
of the Central Government thereon shall be final. 

(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any 
other  law  for  the  time  being  in  force,  the  absorption  of  any  employee  by  the  Authority  in  its  regular 
service under this section shall not entitle such employee to any compensation under that Act or other law 
and no such claim shall be entertained by any court, tribunal or other authority. 

6 

 
12.  Contracts  by  the  Authority.—Subject  to  the  provisions  of  section  13,  the  Authority  shall  be 
competent to enter into and perform any contract necessary for the discharge of its functions under this 
Act. 

13. Mode of executing contracts on behalf of the Authority.—(1) Every contract shall, on behalf of 
the Authority, be made by the Chairman or such other member or such officer of the Authority as may be 
generally or specially empowered in this behalf by the Authority and such contracts or class of contracts 
as may be specified in the regulations shall be sealed with the common seal of the Authority: 

Provided that no contract exceeding such value or amount as the Central Government may, from time 
to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority: 

Provided further that no contract for the acquisition or sale of immovable property or for the lease of 
any such property for a term exceeding thirty years and no other contract exceeding such value or amount 
as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has 
been previously approved by the Central Government. 

(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be 

made under this Act shall be such as may be prescribed by regulations. 

(3) No contract which is not in accordance with the provisions of this Act and the regulations shall be 

binding on the Authority.  

CHAPTER IV 

FUNCTIONS AND POWERS OF THE AUTHORITY 

14. Functions of the Authority.—(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; 
1[(k) enter into joint ventures concerning inland shipping by way of equity participation.] 

1. Ins. by Act 40 of 2001, s. 5 (w.e.f. 1-7-2003). 

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(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. 

15.  Amendment  of  schemes.—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. 

16.  [Power  to  fix  maximum  and  minimum  rates  for  passenger  fares  and  freight  for            
goods.]—Omitted by the Inland Waterways Authority of India (Amendment) Act,  1993 (8 of 1994), s. 2               
(w.e.f. 7-1-1994). 

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

17. Levy and collection of fees and charges.—(1) The Authority may, with the previous approval of 
the Central Government, levy fees and charges at such rates as may be laid down by regulations made in 
this  behalf  for  services  or  benefits  rendered  in  relation  to  the  use  of  the  national  waterways  for  the 
purposes of shipping, navigation, infrastructural facilities, including facilities for passengers and facilities 
relating to the berthing of vessels, handling of cargoes and storage of cargoes. 

(2) The  fees and charges  levied  under  sub-section  (1)  shall  be collected  in such  manner  as  may  be 

determined by regulations. 

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18.  Grants  and  loans  by  the  Central  Government.—The  Central  Government  may,  after  due 
appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such 
sums of money as that Government may consider necessary. 

1[18A.  Borrowing  powers  of  the  Authority.—The  Authority  may,  in  such  manner  and  subject  to 
such terms and conditions as may be determined by regulations, borrow money from any source by the 
issue  of  bonds,  debentures  or  other  instruments  as  it  may  think  fit  for  discharge  of  all  or  any  of  its 
functions under the Act.] 

19.  Constitution  of  the  Fund.—(1)  There  shall  be  constituted  a  Fund  to  be  called  the  Inland 

Waterways Authority of India Fund and there shall be credited thereto— 

(a) any grants and loans made to the Authority by the Central Government under section 18; 
(b) all fees and charges received by the Authority under this Act; and 
(c) all sums received by the Authority from such other sources as may be decided upon by the 

Central Government. 

(2) The Fund shall be applied for meeting— 

(a) salary, allowances and other remuneration of the members, officers and other employees of 

the Authority; 

(b) expenses of the Authority in the discharge of its functions under section 14; and 

(c) expenses on objects and for purposes authorised by this Act. 

20. Budget.—The Authority shall prepare, in such form and at such time each financial year as may 
be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the 
Authority and forward the same to the Central Government. 

21.  Investment  of funds.—The  Authority  may  invest  its  funds  (including  any  reserve  fund) in  the 

securities of the Central Government or in such other manner as may be prescribed. 

22. Annual report.—The Authority shall prepare, in such form and at such time each financial year 
as may be prescribed, its annual report, giving a full account of its activities during the previous financial 
year, and submit a copy thereof to the Central Government. 

23.  Accounts  and  audit.—The  accounts  of  the  Authority  shall  be  maintained  and  audited  in  such 
manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed and the 
Authority  shall  furnish,  to  the  Central  Government,  before  such  date  as  may  be  prescribed,  its  audited 
copy of accounts together with the auditors’ report thereon. 

24. Annual report and auditors’ report to be laid before Parliament.—The Central Government 
shall cause the annual report and auditors’ report to be laid, as soon as may be after they are received, 
before each House of Parliament. 

CHAPTER VI 

MISCELLANEOUS 

 25.  Power  of  Central  Government  to  issue  directions.—(1)  Without  prejudice  to  the  foregoing 
provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be 
bound by such directions on questions of policy as the Central Government may give in writing to it from 
time to time: 

Provided  that  the  Authority  shall,  as  far  as  practicable,  be  given  opportunity  to  express  its  views 

before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

26.  Compulsory  acquisition  of  land  for  the  Authority.—Any  land  required  by  the  Authority  for 
discharging its functions under this Act shall be deemed to be needed for a public purpose and such land 

1. Ins. by Act 40 of 2001, s. 6 (w.e.f. 1-7-2003). 

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may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or 
of any other corresponding law for the time being in force. 

27.  Application,  etc.,  of  certain  laws.—(1)  The  provisions  of  this  Act  shall  be  in  addition  to  the 
provisions of the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 (38 of 1963) 
and in particular nothing in this Act shall affect any jurisdiction, functions, powers or duties required to 
be exercised, performed or discharged by—  

(a)  the  conservator  of  any  port  or  by  any  officer  or  authority  under  the  Indian  Ports                  

Act, 1908 (15 of 1908), or 

(b) the Board of Trustees for any major port or by any officer or authority under the Major Port 

Trusts Act, 1963 (38 of 1963), 

in or in relation to any portion of an inland waterway (including the national waterway) falling within the 
limits of such port or major port. 

(2) Nothing in this Act shall affect the operation of the Inland Vessels Act, 1917 (1 of 1917) or any 
other  Central  Act  (other  than  the  Indian  Ports  Act,  1908  (15  of  1908)  and  the  Major  Port  Trusts           
Act, 1963 [38 of 1963]) or any State or provincial Act in force immediately before the commencement of 
this Act with respect to shipping and navigation on any national waterway 1***. 

28.  Power  to  enter.—Subject  to  any  rules  made  in  this  behalf,  any  person,  generally  or  specially 
authorised by the Authority in this behalf, may, whenever it in necessary so to do for any of the purposes 
of this Act, at all reasonable times, enter upon any land or premises and— 

(a) make any inspection, survey, measurement, valuation or inquiry; 

(b) take levels; 

(c) dig or bore into sub-soil; 

(d) set out boundaries and intended lines of work; 

(e) mark such level boundaries and lines by placing marks and cutting trenches; or 

(f) do such other acts or things as may be prescribed: 

Provided that no such person shall enter any building or any enclosed court or garden attached to a 
dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier 
at least twenty-four hours’ notice in writing of his intention to do so. 

29. Delegation.—The Authority may, by general or special order in writing, delegate to the Chairman 
or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, 
as may be specified in the order such of its powers and functions under this Act (except the powers under 
section 35) as it may deem necessary. 

30. Authentication of orders and other instruments of the Authority.—All orders and decisions 
of the Authority shall be authenticated by the signature of the Chairman or any other member authorised 
by the Authority in this behalf and all other instruments executed by the Authority shall be authenticated 
by the signature of an officer of the Authority authorised by the Authority in this behalf. 

31.  Members,  officers  and  employees  of  the  Authority  to  be  public  servants.—All  members, 
officers  and  other  employees  of  the  Authority  shall  be  deemed,  when  acting  or  purporting  to  act  in 
pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of 
the Indian Penal Code (45 of 1860). 

32. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings 
shall lie against the Government or any officer of the Government or any member, officer or employee of  

1. Certain words omitted by Act 8 of 1994, s. 3 (w.e.f. 7-1-1994). 

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the Authority for anything which is in good faith done or intended to be done under this Act or the rules 
or regulations made thereunder. 

(2) No suit or other legal proceedings shall lie against the Authority for any damage caused or likely 
to  be  caused  by  anything  in  good  faith  done  or  purported  to  be  done  under  this  Act  or  the  rules  or 
regulations,  and  in  particular,  it  shall  not  be  the  responsibility  of  the  Authority  to  provide  for  relief 
measures necessitated by floods or by breaches and failures of works. 

33.  Power  of  Central  Government  to  supersede  the  Authority.—(1)  If,  at  any  time,  the  Central 

Government is of opinion— 

(a) that on account of a grave emergency, the Authority is unable to discharge the functions and 

duties imposed on it by or under the provisions of this Act; or 

(b) that the Authority has persistently made default in complying with any direction issued by the 
Central Government under this Act or in the discharge of the functions and duties imposed on it by or 
under the provisions of this Act and as a result of which default the financial position of the Authority 
or the administration of any national waterway has deteriorated; or 

(c) that circumstances exist which render it necessary in the public interest so to do, 

the  Central  Government  may,  by  notification  in  the  Official  Gazette,  supersede  the  Authority  for  such 
period, not exceeding six months, as may be specified in the notification: 

Provided  that  before  issuing  a  notification  under  this  sub-section  for  the  reasons  mentioned  in     

clause  (b),  the  Central  Government  shall  give  a  reasonable  opportunity  to  the Authority  to  show  cause 
why  it  should  not  be  superseded  and  shall  consider  the  explanations  and  objection,  if  any,  of  the 
Authority. 

(2) Upon the publication of a notification under sub-section (1) superseding the Authority,— 

(a) all the members shall, as from the date of supersession, vacate their offices as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of  the  Authority,  shall,  until  the  Authority  is  reconstituted 
under  sub-section  (3),  be  exercised  and  discharged  by  such  person  or  persons  as  the  Central 
Government may direct; 

(c)  all  property  owned  or  controlled  by  the  Authority  shall,  until  the  Authority  is  reconstituted 

under sub-section (3), vest in the Central Government. 

(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under           

sub-section (1), the Central Government may— 

(a) extend the period of supersession for such further term, not exceeding six months, as it may 

consider necessary; or 

(b)  reconstitute  the  Authority  by  fresh  appointment  and  in  such  case  any  persons  who  vacated 

their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: 

Provided  that  the  Central  Government  may,  at  any  time  before  the  expiration  of  the  period  of 
supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, 
take action under clause (b) of this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any action taken under this section and the circumstances leading to such action to be laid before such 
House of Parliament at the earliest opportunity. 

34. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(a)  the  term  of  office  and  other  conditions  of  service  of  the  members  of  the  Authority  under 

section 4; 

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(b) the powers and duties of the Chairman and Vice-Chairman under section 5; 

(c) the matters with respect to the Advisory Committee referred to in sub-section (1) of section 9; 

(d) the amount required to be prescribed under sub-section (4) of section 14; 

(e)  the  form  in  which,  and  the  time  at  which,  the  Authority  shall  prepare  its  budget  under    

section 20 and its annual report under section 22; 

(f) the manner in which the Authority may invest its funds under section 21; 

(g)  the  manner  in  which  the  accounts  of  the  Authority  shall  be  maintained  and  audited  under 

section 23; 

(h) the conditions and restrictions with respect to exercise of the power to enter under section 28 

and the matters referred to in clause (f) of that section; and 

(i) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, 

or may be, made by rules. 

35. Power to make regulations.—(1) The Authority may, with the previous approval of the Central 
Government,  by  notification  in  the  Official  Gazette,  make  regulations  consistent  with  this  Act  and  the 
rules generally to carry out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the manner in which and the purposes for which, the Authority may associate with itself any 

person under sub-section (4) of section 3; 

(b) the terms and conditions of service of the Secretary and other officers and employees of the 

Authority under sub-section (2) of section 8; 

(c)  the  contracts  or  class  of  contracts  which  are  to  be  sealed  with  the  common  seal  of  the 

Authority and the form and manner in which a contract may be made by the Authority; 

(d)  the  manner  in  which,  and  the  conditions  subject  to  which,  any  functions  in  relation  to  the 

matters referred to in sub-sections (1) and (2) of section 14 may be performed; 

(e) the rule of the road on a national waterway; 

(f)  the  safe,  efficient  and  convenient  use,  management  and  control  of  the  infrastructures  and 

infrastructural facilities; 

(g) the reception, porterage, storage and removal of goods brought on a national waterway, and 
the  procedure  to  be  followed  for  taking  charge  of  goods  which  may  have  been  damaged  before 
landing, or may be alleged to have been so damaged; 

(h)  regulating,  declaring  and  defining  the  docks,  wharfs, jetties,  landing  stages  on  which  goods 

shall be landed from vessels and shipped on board vessels; 

(i) regulating the manner in which and the conditions under which the loading and unloading of 

vessels on a national waterway shall be carried out; and 

(j)  the  exclusion  from  a  national  waterway  of  disorderly  or  other  undesirable  persons  and  of 

trespassers; 

1[(k) the terms and conditions for issue of bonds, debentures or other instruments; 

(l)  the  time,  place  and  the  rules  of  procedure  with  regard  to  the  transaction  of  business  at  its 

meetings including the quorum under sub-section (1) of section 5A.] 

(3)  Any  regulation  made  under  any  of  the  clauses  (c)  to  (j)  of  sub-section  (2)  may  provide  that  a 
contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the 

1. Ins. by Act 40 0f 2001, s. 7 (w.e.f. 1-7-2003). 

12 

 
                                                           
case of a continuing contravention with an additional fine which may extend to twenty rupees for every 
day during which such contravention continues after conviction for the first such contravention. 

36.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  and  every  regulation  made 
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 regulation or 
both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. 

37. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  five  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

38.  Amendment  of  Act  49  of  1982.—In  the  National  Waterway  (Allahabad-Haldia  Stretch  of  the 

Ganga-Bhagirathi-Hooghly River) Act, 1982,— 

(a) in section 3, for the words “Central Government”, the word “Union” shall be substituted, and 
for the words “to the extent hereinafter provided”, the words and figures “to the extent provided in the 
Inland Waterways Authority of India Act, 1985” shall be substituted; 

(b) sections 4 to 15 shall be omitted. 

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