THE INLAND VESSELS ACT, 2021 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Application and scope. 
3.  Definitions. 

4.  Declaration of inland water area into Zones.  

DECLARATION OF INLAND WATER AREA INTO ZONES 

CHAPTER II 

CHAPTER III 

ADMINISTRATIVE PROVISIONS 

5.  Administrative role of Central Government and State Governments.  
6.  Competent authority. 

CHAPTER IV 

SURVEY OF INLAND VESSELS 

7.  Power to classify and categorise for purpose of survey. 
8.  Construction, alteration or modification of mechanically propelled inland vessel. 
9.  Survey of vessels. 
10.  Appointment and qualifications of surveyors. 
11.  Powers of surveyors.  
12.  Grant of certificate of survey and procedures. 
13.  Provisional certificate of survey and its effect. 
14.  Mechanically propelled inland vessels not to proceed without certificate of survey, and 
requirement of Zone to be specified in such certificate. 
15.  Suspension and cancellation of certificate of survey. 
16.  Delivery of expired, suspended or cancelled certificate of survey. 

CHAPTER V 

REGISTRATION 

17.  Registration 
18.  Requirement of certificate of registration. 
19.  Owner or master to carry certificate of registration. 
20.  Appointment of ports or places of registry and Registrars of Inland Vessels. 
21.  Book of registry. 
22.  Central database of inland vessels. 
23.  Application and processes of registration of vessels. 
24.  Grant of certificate of registration and marking of vessel. 
25.  Effect of certificate of registration. 
26.  Duplicate certificate. 
27.  Provisional certificate of registration. 

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SECTIONS 

28.  Registration of modifications or alterations.  
29.  Change of residence or place of business. 
30.  Prohibition against transfer of ownership of registered vessel. 
31.  Suspension of certificate of registration. 
32.  Cancellation of registration. 
33.  Mortgage of mechanically propelled inland vessel or share therein.  

MANNING, QUALIFICATION, TRAINING, EXAMINATION AND CERTIFICATION 

CHAPTER VI 

34.  Training and minimum age for employment. 
35.  Minimum manning scale and manning requirements.  
36.  Appointment and duties of examiners. 
37.  Grant of certificate of competency. 
38.  Certificate of service. 
39.  Effect of certificate of competency or certificate of service. 
40.  Suspension and cancellation of certificate. 
41.  Registry of certificate holders and central registry. 

CHAPTER VII 

SPECIAL CATEGORY VESSELS 

42.  Special category vessels. 
43.  Appointment or authorisation of officers to implement provisions, grant certificate of fitness, etc. 
44.  Safety of passengers or service users. 
45.  Inspection of vessel. 
46.  Suspension or cancellation of certificate of fitness. 

CHAPTER VIII 

NAVIGATION SAFETY AND SIGNALS 

47.  Navigation safety, lights and signals. 
48.  Obligation to ensure safe navigation. 
49.  Distress signal.  
50.  Assistance to vessels in distress and persons in distress. 
51.  Life saving, fire safety and communication appliances. 

CHAPTER IX 

PREVENTION OF POLLUTION CAUSED BY INLAND VESSEL 

52.  Chemicals, etc., to be designated as pollutants.  
53.  Certificate of prevention of pollution.  
54.  Reception facilities and containment of pollution.  
55.  Appointment of surveyor or officer to inspect.  
56.  Investigation into incidents of pollution. 

CHAPTER X 

WRECK AND SALVAGE 

57.  Prohibition against intentionally causing wreck. 
58.  Receivers of wreck. 

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SECTIONS 

59.  Powers of Central Government to make rules for Chapter X. 

CHAPTER XI 

LIABILITY AND LIMITATION OF LIABILITY 

60.  Liability under Act. 
61.  Apportionment of loss. 
62.  Liability for personal injury, loss of life or pollution to environment. 
63.  Detention of mechanically propelled inland vessel. 
64.  Limitation of liability. 
65.  Non-applicability of limitation. 

INSURANCE OF MECHANICALLY PROPELLED VESSELS PLYING IN INLAND WATERS 

CHAPTER XII 

66.  Insurance to cover.  
67.  Contractual liability not to cover. 
68.  Issuance and terms of insurance policy. 
69.  Duty to indemnify and direct action against insurer. 
70.  Effect of death on certain causes of action. 
71.  Effect of certificate of insurance. 
72.  Transfer of certificate of insurance. 
73.  Powers of Central Government to make rules for Chapter XII. 

CHAPTER XIII 

INQUIRY INTO CASUALITY, ACCIDENT OR WRECK 

74.  Reporting of casualty, accident, wreck, etc. 
75.  Preliminary enquiry by designated authority and inquiry by District Magistrate. 
76.  Assessors. 
77.  Report of District Magistrate to be notified by State Government. 
78.  Powers of District Magistrate subsequent to inquiry. 
79.  Power of State Government to suspend, cancel and confiscate certificate. 

CHAPTER XIV 

REGULATION OF TRADE PRACTICES 

80.  Powers of Central Government to protect interests of service providers and service users. 
81.  Prohibited goods and dangerous goods. 
82.  Trade permission and endorsement of certificates of foreign vessels. 

CHAPTER XV 
PILOTAGE, VESSEL DETENTION AND DEVELOPMENT FUND 

83.  Pilotage. 
84.  Certified master to be deemed pilot under Act 15 of 1908.  
85.  Vessel detention and forfeiture.  
86.  Constitution of Development Fund. 

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CHAPTER XVI 

OFFENCES AND PENALTIES 

SECTIONS 

87.  Offences and penalties. 
88.  Offences by company, limited liability partnership firm or any such arrangement. 
89.  Fees, additional fee, payment and collection.  
90.  Cognizance of offence. 

CHAPTER XVII 

NON-MECHANICALLY PROPELLED INLAND VESSEL  

91.  Local self-governance. 
92.  Obligation to enroll.  
93.  Certificate of enrolment and marking of vessel.  
94.  Standards of construction and safety.  
95.  Power of State Government to make rules to regulate non-mechanically propelled inland                   

vessels. 

96.  Constitution of welfare fund. 

CHAPTER XVIII 

MISCELLANEOUS  

97.  Desertion and absence without leave. 
98.  General powers of Central Government to make rules. 
99.  Emergency preparedness. 
100. Removal of lawful obstruction. 
101. Validity of certificates issued under laws other than this Act. 
102. Obstruction to officer appointed or authorised. 
103. Place of trial. 
104. Composition of offences.  
105. Appeal. 
106. Power of Central Government to make rules.  
107. Power of State Government to make rules. 
108. Power of Central Government to give directions.  
109. Protection of action taken in good faith. 
110. Power to remove difficulties.  
111. Consistency with other laws. 
112. Suspension or alteration of application and operation of Act. 
113. Laying of rules and notifications.  
114. Repeal and savings. 

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THE INLAND VESSELS ACT, 2021 
ACT NO. 24 OF 2021 

[11th August, 2021.] 

An Act to promote economical and safe transportation and trade through inland waters, to bring 
uniformity  in  application  of  law  relating  to  inland  waterways  and  navigation  within  the 
country, to provide for safety of navigation, protection of life and cargo, and prevention of 
pollution  that  may  be  caused  by  the  use  or  navigation  of  inland  vessels,  to  ensure 
transparency  and  accountability  of  administration  of  inland  water  transportation,  to 
strengthen  procedures  governing  the  inland  vessels,  their  construction,  survey,  registration, 
manning, navigation and such other matters connected therewith or incidental thereto. 
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Inland  Vessels  Act, 

2021. 

(2) It extends to the whole of India. 

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

Official Gazette, appoint: 

Provided that different dates may be appointed for bringing into force different provisions of this Act 

in different States or Union territories, as it may deem fit by the Central Government. 

2. Application and scope.—(1) Save as otherwise expressly provided in this Act, the provisions of 
Chapters I, III, X, XVI and XVIII shall apply to all inland vessels plying within inland waters of India, 
and— 

(a)  Chapters  IV,  V,  VI,  VIII,  IX,  X,  XI,  XII,  XIII  and  XIV  shall  apply  to  all  mechanically 

propelled vessels registered under this Act; 

(b)  Chapters VIII,  IX,  X, XI,  XII  and  XIII  shall apply  to  vessels  registered  under such  laws  in 
force in India other than this Act, or registered in such laws in force in any country other than India; 
but endorsed or recognised under this Act for the purpose of plying within inland waterways; 

(c)  Chapters  IV,  V,  VI,  VII,  VIII,  IX,  X,  XI,  XII,  XIII  and  XIV  shall  apply  to  all  vessels 

identified as special category vessels plying or using inland waterways; 

(d) Chapter XVII shall apply to all non-mechanically propelled inland vessels. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Central  Government  or  the  State 
Government, as the case may be, may extend the application of any Chapter or provision of this Act to 
any class or category of inland vessels, or to any region of inland waters, by notification in the Official 
Gazette. 

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

(a) “authorised insurer” means any insurance company carrying on any class of marine insurance 
business,  which  is  registered  or  recognised  by  the  Central  Government  under  any  law  for  the  time 
being in force in India; 

1.  16th  February,  2022,--Section  1  and  106,  vide  Notification  S.O.  743(E),  dated  16th  February,  2022,  see  Gazette  of  India, 

Extraordinary, Part II,    sec. 3(ii). 

2. 7th  of  June,  2022,--Section 2  to 105  and 107  to 114,  vide  Notification  S.O.  2604(E), dated  7th  June,  2022,  see  Gazette  of 

India, Extraordinary, Part II,    sec. 3(ii). 

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(b) “bareboat charter” means an arrangement for the hiring of a vessel without crew, where the 

charterer is responsible for appointing the crew and making other arrangements; 

(c)  “bareboat  charter-cum-demise”  is  a  bareboat  charter  where  the  ownership  of  the  vessel  is 

intended to be transferred after a specified period to the company to which it has been chartered; 

(d) “cargo terminal” means a place designated for the loading, or unloading, or any other allied 
processes of such loading or unloading of cargo in a port, jetty, wharf or such other places developed 
within inland waters for the purpose of loading and unloading of cargo; 

(e) “casualty” includes any vessel which— 

(i) is lost, abandoned, materially damaged; 

(ii) causes loss of material or damage to any other vessel; 

(iii) causes any loss of life or personal injury; 

(iv) causes pollution as a result of or in connection with its operation; 

(f) “central database” means the centralised record maintained for recording the data and details 

of— 

(i) vessels; 

(ii) registration of vessels; 

(iii) crew and manning in the vessels; 

(iv) certificates issued in respect of vessels; 

(v) reception facilities; and 

(vi) such other data, 

to be recorded and maintained in the form of an electronic portal or in such other form and manner as may 
be prescribed by the Central Government; 

(g) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of 
the  insurance  premium  paid  by  the  insured,  and  includes  a  cover  note  complying  with  such 
requirements as may be prescribed by the Central Government; 

(h) “competent authority” means the authority referred to in section 6; 

(i) “court” means any civil court, revenue court or High Court having jurisdiction over the matters 
of  liabilities  and  offences  as  provided  in  this  Act  including  investigation  and  inquiry  into  claims 
arising out of causalities and accidents within its jurisdiction; 

(j) “cover note” includes any note of undertaking issued by the insurer who promises to cover the 

liability and to indemnify the losses incurred by the insured as provided in the contract of insurance; 

(k)  “crew”  means  personnel  employed  for  operation  or  serving  on  an  inland  vessel  other  than 

master or passengers as a part of performing the functions of manning; 

(l) “dangerous cargo” means any cargo, which, due to its nature, form or content as a whole or in 
part, are declared as dangerous or potentially dangerous while carried in on any class or category of 
inland vessels in inland waters under this Act or any other law for the time being in force; 

(m) “dangerous goods” means any goods, which, due to its nature, form or content as a whole or 
in part, are declared as dangerous or potentially dangerous while carried in on any class or category of 
inland vessels in inland waters under this Act or any other law for the time being in force; 

(n)  “designated  authority”  means  the  authorities  appointed  by  State  Government  under  sub-

section (3) of section 5; 

(o)  “fishing  vessel”  means  a  vessel  fitted  with  mechanical  mode  of  propulsion,  which  is 

exclusively engaged in fishing for profit, within inland waters; 

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(p) “hazardous chemical” means any chemical, which has been designated as pollutants under this 

Act or any other law for the time being in force in India; 

(q)  “inland  vessel”  includes  any  mechanically  propelled  inland  vessel  or  non-mechanically 

propelled inland vessel which is registered and plying in inland waters, but does not include— 

(i)  a  fishing  vessel  registered  under  the  Merchant  Shipping  Act,  1958  (44  of  1958)  or  the 

Marine Products Export Development Authority Act, 1972 (13 of 1972); and 

(ii)  any  vessel  that  are  specified  as  not  to  be  inland  vessels  by  notification  by  the  Central 

Government. 

Explanation.—For  the  purposes  of  this  clause,  it  is  clarified  that  a  vessel  registered  under  the 
Merchant Shipping Act, 1958 (44 of 1958) and plying within the inland waters shall be deemed to be 
an inland vessel registered under this Act; 

(r) “inland waters”, for the purpose of inland navigation, includes any— 

(i)  canal,  river,  lake  or  other  navigable  water  inward  of  baseline  or  as  may  be  declared  by 

notification in the Official Gazette by the Central Government; 

(ii) tidal water limit, as may be declared by notification in the Official Gazette by the Central 

Government; 

(iii) national waterways declared by the Central Government; and 

(iv)  other  waters  as  may  be  declared  by  notification  in  the  Official  Gazette  by  the  Central 

Government; 

(s) “lien” is a legal right or interest that a creditor has in the inland vessel or any property thereof, 

retained until a debt or duty is secured, or the performance of some other obligation is satisfied; 

(t)  “limitation  of liability” means  the rate  or  extent  of  liability  within  which  the  owner  or  such 
other persons entitled under this Act, may limit the liability or be permitted to limit or cap the liability 
arising out of claims, in accordance with the procedure laid down and the rates, as may be specified in 
this Act or as may be prescribed by the Central Government; 

(u) “load line” means a water line which is marked on an inland vessel to denote the safe carrying 

or loading capacity of such vessel; 

(v) “master” includes any person including serang or such other person, who is in command or in 

charge of any inland vessel, and does not include a pilot or harbour master; 

(w)  “material  fact”  means a  fact  of  such  a  nature,  which  determines  the judgment  of  a  prudent 
insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and 
such other terms to be entered and incorporated in a policy of insurance governing the relationship 
with the insured; 

(x) “material particular” means any particular of such a nature, which determines the judgment of 
a  prudent  insurer,  in  assessing  the  extent  of  his  liability,  premium  to  be  charged,  conditions  to  be 
specified and such other terms to be entered and incorporated in a policy of insurance governing the 
relationship with the insured; 

(y) “mechanically propelled inland vessel” means— 

(i)  any  inland  vessel  in  the  inland  waters  which  is  propelled  by  mechanical  means  of 

propulsion; or 

(ii)  floating  units,  floating  surfaces,  dumb  vessels,  barges,  rigs,  jetties  or  such  other  non-
mechanically propelled inland vessel, which are towed or pushed with the assistance of another 
mechanically propelled vessel and used for carriage, storage, transportation and accommodation 
of passengers and cargo in or through inland waters; 

(z) “minimum manning requirement” means the standard and number of persons required for safe 

manning and navigation of vessels, as may be prescribed by the Central Government; 

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(za) “non-mechanically  propelled inland  vessel”  means  any  vessel  which  is  not  a  mechanically 

propelled inland vessel; 

(zb) “notification” means a notification published in the Gazette of India or the Official Gazette 
of a State, as the case may be, and the expression “notify” with its grammatical variation and cognate 
expressions shall be construed accordingly; 

(zc) “obnoxious substance” means any substance, which has been designated as pollutants under 

this Act or any other law for the time being in force in India; 

(zd)  “official  number”  means  the  number  assigned  to  any  vessel  by  the  Registrar  of  Inland 
Vessels or such other person appointed under this Act, to be affixed or displayed on a conspicuous 
part of such vessel to refer, distinguish and identify one vessel from another; 

(ze) “oil” means any edible oil carried on vessel as cargo or persistent oil such as crude oil, heavy 

diesel oil, lubricating oil and white oil, carried on board of a vessel as cargo or fuel; 

(zf) “oily mixture” means a mixture with any oil content; 

(zg) “owner” means operator, charterer, beneficial owner or registered owner, who is responsible 
for the activities of the vessel and shall be under obligation to comply with the provisions of this Act 
in relation to, or in possessing express or implied title under this Act or any other law for the time 
being in force; 

(zh)  “passenger”  means  any  person  carried  on  board  of  a  vessel,  except  persons  employed  or 

engaged in any capacity on board of the vessel in connection with the business of the vessel; 

(zi)  “passenger terminal” means  the terminal  designated  for  the embarking  or  dis-embarking  of 

passengers and the permitted cargo, in a port, jetty, wharf or like places; 

(zj) “passenger vessel” means any vessel permitted to carry more than twelve passengers; 

(zk) “pilot” means a person appointed by the owner of the vessel to assist the master or to steer 
the vessel in such area of inland water in accordance with the mandatory requirements, as specified 
in section 83; 

(zl) “prescribed” means prescribed by rules by the Central Government or a State Government, as 

the case may be; 

(zm)  “priority  of  lien”  means  the  ranking  of  liens  in  the  order  in  which  they  are  perfected  or 

recorded in the book of registry maintained at every port or place of registry; 

(zn) “reciprocating country” means any country, as may on the basis of reciprocity, specified by 

notification by the Central Government to be a reciprocating country for the purposes of this Act; 

(zo) “recognised organisation” means any organisation recognised and authorised by the Central 
Government to perform and execute the functions involved in survey, classification or certification of 
vessels; 

(zp) “salvage” means an act of the salvor in retrieving or saving any property or life in danger due 
to wreck or accident and includes all expenses incurred by the salvor in the performance of salvage 
services; 

(zq) “salvor” means any person who conducts salvage operations; 

(zr) “service provider” includes any person, who in the capacity of owner or operator of an inland 
vessel  used  or  plying  in  inland  waters,  providing  services  to  any  service  user  for  the  purposes  of 
transportation, storage or accommodation; 

(zs)  “service  user”  includes  any  person  who  as  a  passenger  or  owner  of  cargo  or  freight 
forwarder,  uses  the  services  of  any  inland  vessel  in  the  inland  waters  for  transportation,  storage  or 
accommodation purposes; 

(zt)  “special  category  vessel”  means  a  mechanically  propelled  inland  vessel  that  is  identified 
under  this  Act  as  special  by  considering  its  use,  purpose,  function  or  utility  or  the  means  of 

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propulsion including the fuelling system or source of power for propulsion, such as liquefied natural 
gas, electrical propulsion, the design, dimensions of construction or areas of operation or such other 
criteria or standards; 

(zu)  “vessel”  includes  every  description  of  water  craft  used  or  capable  of  being  used  in  inland 
waters,  including  any  ship,  boat,  sailing  vessel,  tug,  barge  or  other  description  of  vessel  including 
non-displacement  craft,  amphibious  craft,  wing-in-ground  craft,  ferry,  roll  on-roll-off  vessel, 
container  vessel,  tanker  vessel,  gas  carrier  or  floating  unit  or  dumb  vessel  used  for  transportation, 
storage or accommodation within or through inland waters; 

(zv) “wreck” means a state of any vessel, or goods or a part or property of such vessel or carried 

on the vessel,— 

(i) which have been cast into or have fallen into the inland waters and then sunk and remain 

under water or remains floating on the surface; or 

(ii) which have sunk in the inland waters, but are attached to a floating object in order that 

they may be found again; or 

(iii) which are intentionally thrown away or abandoned without hope or intention of recovery; 

or 

(iv) which by its presence in inland waters, is a hazard or causes impediment to navigation, or 

adversely affects safety of life or causes pollution. 

CHAPTER II 

DECLARATION OF INLAND WATER AREA INTO ZONES 

4. Declaration of inland water area into Zones.—(1) The State Government may, for the purposes 
of  this  Act,  declare  by  notification  any  inland  water  area  to  be  a  “Zone”  depending  on  the  maximum 
significant wave height criteria specified in sub-section (2). 

(2) For the purposes of sub-section (1), the State Government may classify the maximum significant 

wave height criteria into the following Zones, namely:— 

(i) Zone 1 refers to the area (other than Zone 2 or Zone 3) where the maximum significant wave 

height does not exceed 2.0 metres; 

(ii)  Zone  2  refers  to  the  area  (other  than  Zone  3)  where  the  maximum  significant  wave  height 

does not exceed 1.2 metres; and 

(iii) Zone 3 refers to the area where the maximum significant wave height does not exceed 0.6 

metres. 

CHAPTER III 

ADMINISTRATIVE PROVISIONS 

5.  Administrative  role  of  Central  Government  and  State  Governments.—(1)  The  Central 
Government may, by general or special order, direct that any power, authority or jurisdiction exercisable 
by it under, or in relation to any such provision of this Act, or the rules made thereunder, or as may be 
specified in the order allocating the duties, shall, subject to such conditions and restrictions as may be so 
specified, also be exercisable by the competent authority or by such other officer as may be specified in 
that order. 

(2) On and from the date of issue of notifications or rules made by the Central Government under the 

provisions of this Act, the provisions shall,— 

(a) uniformly apply in whole or in any part of India, as may be specified therein; and 

(b)  prevail  over  such  notifications  or  rules,  as  the  case  may  be,  issued  or  made  by  the  State 

Governments. 

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(3) The State Governments may, by notification, appoint one or more designated authorities within 
their respective jurisdiction for the purposes of exercising  or discharging the powers, authority or duties 
conferred, by or under this Act and the rules made thereunder. 

(4) Notwithstanding anything contained in sub-section (1) and section 6, the existing administrative 
authorities  constituted  under  State  Governments  or  Union  territory  Administrations  may  continue  to  be 
the designated authorities for the purposes of sub-section (3). 

(5) The State Government may, for the purposes of implementing the various provisions of this Act 
and the rules made thereunder, by general or special order, direct that any power or authority conferred 
under this Act, subject to such conditions and restrictions as it may think fit, be exercised or discharged 
by the respective designated authorities or any officer or any other organisation or body. 

(6) Save as otherwise provided in this Act, the State Government shall have the power to make rules 

and shall exercise the powers conferred on it, as provided by or under this Act. 

(7)  Notwithstanding  anything  to  the  contrary  in  this  Act,  for  the  purposes  of  administration  of  the 
non-mechanically propelled inland vessels, as specified in Chapter XVII, the Central Government shall 
have no powers of administration and shall only provide assistance to the respective State Government, 
on receipt of official request from such State Government. 

6. Competent authority.—The Inland Waterways Authority of India, constituted under section 3 of 
the Inland Waterways Authority of India Act, 1985 (82 of 1985) shall be the competent authority for the 
purpose of exercising or discharging the powers, authority or duties conferred, by or under this Act. 

CHAPTER IV 

SURVEY OF INLAND VESSELS 

7.    Power  to  classify  and  categorise  for  purpose  of  survey.—(1)  For  the  purposes  of  this               

Chapter, — 

(a) the classification of mechanically propelled vessels; 

(b) the criteria for such classification; and 

(c) the standards of design, construction, fitness and crew accommodation of such vessels,  

shall be such, as may be prescribed by the Central Government. 

(2) The State Government shall classify and categorise mechanically propelled inland vessels on the 

basis of criteria and standards referred to in sub-section (1). 

8.  Construction,  alteration  or  modification  of  mechanically  propelled  inland  vessel.—(1)  No 
person  shall  construct  any  mechanically  propelled  inland  vessel,  or  alter  or  modify  any  mechanically 
propelled inland  vessel  so as to  affect  its strength,  stability  or  safety,  except  with  prior  approval  of  the 
designated authority, in such manner as may be prescribed by the Central Government. 

(2)  The  list  of  alterations  or  modifications  referred  to  in  sub-section  (1),  which  would  affect  the 
strength, stability or safety of any mechanically propelled inland vessel, and the criteria therefor, shall be 
such as may be specified by the Central Government, by notification. 

9. Survey of vessels.—(1) The standard for type and periodicity of surveys for every  mechanically 

propelled inland vessel shall be such as may be prescribed by the Central Government. 

(2) The owner, operator, master or construction yard or any other applicant, as the case may be, shall 

submit a request for survey in such form and content as may be prescribed by the Central Government. 

10. Appointment and qualifications of surveyors.—(1) For the  purposes of  this  Act,  the  State  Government 
may, by notification, appoint officers or persons as surveyors of inland vessels and such surveyors shall be 
deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

(2)  The  minimum  criteria  and  qualifications  for  the  appointment  of  surveyors,  which  the  State 
Governments  shall  adopt  in  the  appointment  of  surveyors,  shall  be  such  as  may  be  prescribed  by  the 
Central Government. 

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11. Powers of surveyors.—(1) On receipt of the application from the owner or master or construction 
yard  for  conducting  survey,  in  such  form  and  within  such  time  as  may  be  prescribed  by  the  Central 
Government, the surveyor may board or enter and inspect a mechanically propelled inland vessel: 

Provided  that  the  surveyor  shall  not  unnecessarily  hinder  the  loading  or  unloading  of  cargo  or; 
embarking or dis-embarking of passengers of the mechanically propelled inland vessel, or unnecessarily 
detain or delay her from proceeding on any voyage. 

(2) The owner, operator, master and crew of the mechanically propelled inland vessel shall render the 
surveyor,  all  reasonable  facilities  for  conducting  survey,  and  all  information  with  respect  to  such 
mechanically  propelled  inland  vessel,  and  her  machinery  or  any  part  thereof,  and  all  equipment  and 
articles on board, as he may require for the purposes of a survey. 

12. Grant of certificate of survey and procedures.—(1) On completion of survey of a mechanically 
propelled  inland  vessel, the  surveyor  shall  forthwith  issue  the applicant,  a  declaration  of  survey,  valid  for 
such period and in such form, as may be prescribed by the Central Government. 

(2)  The  State  Government  shall,  if  satisfied  that  all  the  provisions  of  this  Act  have  been  complied 
with in respect of a declaration submitted under sub-section (1), and on receipt of payment of fee, as may 
be prescribed by the State Government, issue a certificate of survey to the applicant. 

(3) A certificate of survey granted under this section shall be in such form as may be prescribed by 
the Central Government, and shall contain a statement to the effect that all the provisions of this Act with 
respect  to  the  survey  of  the  mechanically  propelled  inland  vessel  and  the  declaration  of  surveyor  have 
been  complied  with,  and  shall  set forth  such  particulars  or such  other  terms  and  conditions,  as  may  be 
prescribed by the Central Government. 

(4)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  delegate  all  or  any  of  the 

functions assigned to it by the Central Government under this section: 

Provided  that  no  delegation  shall  be  made  to  authorise  the  grant  of  a  certificate  of  survey  by  the 

surveyor, who made the declaration of survey under sub-section (1). 

13. Provisional certificate of survey and its effect.—(1) On receipt of application and the fee from 
the  owner  or  operator  of  any  mechanically  propelled  inland  vessel,  the  surveyor  who  conducted  the 
survey, may grant a provisional certificate of survey extending the validity of the prevailing certificate of survey 
by endorsement, in such form and for such period, as may be prescribed by the Central Government. 

(2) Any mechanically propelled inland vessel, which has been issued with a provisional certificate of 
survey  or  endorsement  under  sub-section  (1),  may  proceed  on  voyage  or  use  in  service,  temporarily, 
pending  the  issue  of  the  certificate  of  survey,  in  such  manner  and  subject  to  the  conditions  as  may  be 
prescribed by the State Government. 

14.  Mechanically  propelled  inland  vessels  not  to  proceed  without  certificate  of  survey,  and 
requirement of Zone to be specified in such certificate.—(1) No mechanically propelled inland vessel 
shall be used nor proceed on voyage, without a valid certificate of survey that shall provide or indicate 
among others, the Zone intended for operation or applicable voyage or service of such vessel. 

(2) The certificate of survey shall have effect throughout India, unless otherwise specified therein and 

subject to such other conditions as may be specified by the competent authority. 

(3) The certificate of survey shall be valid for such period as may be specified by notification by the 

Central Government and shall not be in force— 

(a) after the expiration of the period specified in the certificate of survey; or 

(b) after notice has been issued to cancel or suspend such certificate. 

(4)  Nothing  in  this  section  shall  prevent  the  State  Government  from  excluding  a  mechanically 
propelled inland vessel from the requirement under sub-section (1), on an application made by the owner 
or master of the vessel for permission to proceed on a voyage; during the interval between the date on 
which the certificate of survey expires and the earliest possible date of renewal. 

11 

 
(5) After cessation of a certificate of survey, a valid certificate of survey shall be obtained only after a 
fresh survey of the mechanically propelled inland vessel has been conducted by any surveyor appointed 
under this Act. 

15. Suspension and cancellation of certificate of survey.—(1) The State Government may suspend 

or cancel a certificate of survey, if it has reason to believe that— 

(a) the declaration of the surveyor of the sufficiency and good condition of the hull, engines or 
other  machinery  or  of  any  of  the  equipment  of  the  mechanically  propelled  vessel  has  been 
fraudulently or erroneously made; or 

(b) the certificate has otherwise been granted upon false or erroneous information; or 

(c)  since  the  making  of  the  declaration,  the  hull,  engine  or  other  machinery,  or  any  of  the 
equipment  of  the  mechanically  propelled  vessel  have  sustained  any  material  damage,  or  have 
otherwise become insufficient. 

(2) The State Government shall issue the notice of suspension of certificate of survey to the owner, 
operator, master or construction yard by stating the errors to be rectified and conditions that have to be 
complied with by the owner, operator, master or construction yard within three months from the date of 
issuance of such notice, in such manner as may be prescribed by that Government. 

(3)  In  the  event  of  non-compliance  of  the  notice  of  suspension  by  the  owner,  operator,  master  or 
construction  yard  within  the  period  specified  therein,  the  State  Government  shall  record  such  non-
compliance and shall issue the notice of cancellation of certificate of survey, which shall come into force 
with immediate effect. 

16.  Delivery of expired, suspended or cancelled certificate of survey.—(1) The owner or master 
shall  deliver  the  certificate  of  survey,  which  has  expired  or  has  been  suspended  or  cancelled,  to  such 
officer as the State Government may, by notification in the Official Gazette, appoint in this behalf. 

(2) The State Government shall record the details of the cancelled certificate in the book of registry 

maintained by the Registrar of Inland Vessels. 

CHAPTER V 

REGISTRATION 

17. Registration.—(1) Any mechanically propelled inland vessel, which is wholly owned by— 

(a) a citizen of India; or 

(b) a co-operative society registered or deemed to be registered under the Co-operative Societies 

Act, 1912 (2 of 1912); or 

(c) a body established under any Act relating to co-operative societies for the time being in force 

in any State; or 

(d) a company registered under the Companies Act, 2013 (18 of 2013); or 

(e) a partnership firm registered under the Limited Liability Partnership Act, 2008 (6 of 2009); or 

(f)  any  other  body  including  a  partnership  firm,  trust  or  societies  established  by  or  under  any 

Central or State enactment and which has its principal place of business in India; 

(g) any legal business combination, otherwise allowed under the existing commercial law for the 
time being in force in India, within the permissible foreign direct investment limits in the sector and 
having its principal place of business in India,  

shall be registered under the provisions of this Act. 

(2)  A  foreign  vessel,  other  than  vessels  registered  or  obligated  to  register  under  the  Merchant 
Shipping Act, 1958 (44 of 1958), chartered on bareboat charter-cum-demise by an Indian charterer, for 
the purposes of plying exclusively within inland waters, shall be registered under the provisions of this 
Chapter. 

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(3) The inland vessels registered under this Act may also be registered under the Merchant Shipping 

Act, 1958 (44 of 1958). 

Explanation.—For the purposes of sub-section (2), “Indian charterer” shall mean a person referred to 
in  clauses  (a)  to  (g)  of  sub-section  (1),  who  has  chartered  a  vessel  on  bareboat  charter-cum-demise 
contract. 

18.  Requirement  of  certificate  of  registration.—(1)  A  mechanically  propelled  inland  vessel  required  to  be 
registered  under  this  Chapter,  shall  not  proceed  on  any  voyage  or  be  used  for  any  service,  unless  it  has  a  valid 
certificate of registration granted under this Act in respect thereof. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  authority  appointed  or  authorised  under  this 

Chapter may— 

(a) permit any mechanically propelled inland vessel, built at any place other than a port or place 
of  registry,  to  make  her  first  voyage  through  the  inland  waters  to  any  such  port  or  place  for  the 
purpose of registration; or 

(b)  permit  the  vessel  registered  under  any  law  for  the  time  being  in  force  in  India  for  which 

provisions have been made under this Act to conduct voyage within the inland waters; or 

(c) permit any mechanically propelled vessel registered under such laws of countries other than 
India, which shall only be permitted to ply within the inland waters subject to compliance of such terms and 
conditions as may be prescribed by the Central Government. 

19. Owner  or  master to carry certificate  of registration.—(1) The owner  or master  of an inland 
vessel shall carry a valid certificate of registration issued under this Chapter and shall make available for 
inspection, when demanded by the officers appointed by the State Government. 

(2) The State Government or such other officer appointed or authorised under this Chapter may detain 
any  mechanically  propelled  inland  vessel  required  to  be  registered  under  this  Act,  until  the  respective 
owner, operator or master of such vessel furnishes a valid certificate of registration. 

20.  Appointment  of  ports  or  places  of  registry  and  Registrars  of  Inland  Vessels.—(1)  For  the 

purposes of this Chapter, the State Government may, by notification, — 

(a) appoint ports or places of registry; and 

(b) appoint Registrar of Inland Vessels at the said ports or places of registry, who shall be deemed 

to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

(2)  A  Registrar  of  Inland  Vessels  shall,  in  respect  to  the  port  or  place  of  registry  for  which  he  is 

appointed, perform his functions as may be prescribed by the State Government. 

21.  Book  of  registry.—(1)  The  Registrar  of  Inland  Vessels  shall  maintain  and  keep  a  book  of 
registry, which shall have record of all particulars contained in the form of certificate of registration as 
may be prescribed by the Central Government. 

(2)  The  Registrar  of  Inland  Vessels  shall  report  the  details  of  the  book  of  registry  or  entries  made 
therein, to the State Government at regular intervals, in such manner and period as may be prescribed by 
the State Government. 

(3) The State Government shall report and update the Central Government in respect of— 

(a) the designated ports and places of registry; 

(b) the details of officers appointed or authorised under this Chapter; and 

(c) the details of registrations as entered in the book of registry, 

to facilitate and administer the registration processes under this Chapter. 

22. Central database of inland vessels.—The Central Government shall appoint officers to maintain 
a  central  data  base  for  inland  vessels,  in  such  form  and  manner,  and  the  functions  of  the  officers  so 
appointed shall be such, as may be prescribed by that Government. 

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23. Application and processes of registration of vessels.—(1) The owner or master, may make an 
application  for  registration  of  a  mechanically  propelled  inland  vessel,  which  has  a  valid  certificate  of 
survey issued under this Act, in such form, manner and along with such particulars, as may be prescribed 
by the Central Government. 

(2) The list of documents to be submitted or adduced by the applicants for registration, in addition to 
the  particulars  referred  to  in  sub-section  (1),  shall  be  such  as  may  be  prescribed  by  the  Central 
Government. 

(3)  Every  application  for  registration  shall  be  made  to  the  Registrar  of  Inland  Vessels,  within  the 

jurisdiction of the respective State in which the owner of the mechanically propelled inland vessel— 

(a) ordinarily resides; or 

(b) has the principal place of business or the officially registered office. 

(4)  If  the  Registrar  of  Inland  Vessels  is  satisfied  that  the  vessel  or  the  application  submitted  for 
registration is not in compliance with the provisions of this Act, he may refuse to register a mechanically 
propelled  inland  vessel  for  reasons  to  be  recorded  in  writing  and  shall  provide  the  applicant  a  note 
containing the reasons for such refusal. 

24.  Grant  of  certificate  of  registration  and  marking  of  vessel.—(1)  Subject  to  the  provisions  of 
section 23, the Registrar of Inland Vessels shall, grant the certificate of registration to the applicant, who 
has paid such fee, as may be prescribed by the State Government, and assign the official number to such 
registered vessel. 

(2)  The  certificate  of  registration  shall  be  in  such  form  and  content,  as  may  be  prescribed  by  the 

Central Government, and shall contain the following particulars, namely:— 

(a) registered address of the owner and other ownership details; 

(b) details of mortgage, if any; 

(c) official number; 

(d) classification and category of vessel; 

(e) any other particular, as may be prescribed by the State Government. 

(3)  The  owner  shall  display  the  official  number  on  a  conspicuous  part  of  the  vessel,  as  may  be 

prescribed by the State Government. 

25.  Effect of certificate of registration.—(1) The certificate of registration granted under section 24 

shall be deemed to be valid in all States and Union territories, unless otherwise specified therein. 

(2)  The  certificate  of  registration  issued  under  this  Chapter  shall  be  conclusive  proof  of  ownership 
and  title, as  declared  by  the  applicant  and as  entered in  the  book  of  registry  by  the  Registrar  of  Inland 
Vessels. 

(3)  Notwithstanding  anything  contained  in  this  Act,  any  person  who  has  beneficial  interest  of 
ownership in the mechanically propelled inland vessel or shares therein, shall have the same rights as that 
of the registered owner and shall be deemed as owner of such vessel for the purposes of this Act. 

26.  Duplicate  certificate.—(1)  If  the  certificate  of  registration  issued  under  this  Chapter  is  lost  or 
destroyed, the registered owner shall apply for a duplicate certificate to the Registrar of Inland Vessels, 
who has issued such certificate of registration, in such form and manner as may be prescribed by the State 
Government. 

(2) The Registrar of Inland Vessels shall, on receipt of application under sub-section (1) and such fees 
or  additional  fees,  as  may  be  prescribed  by  the  State  Government,  issue  the  duplicate  certificate  of 
registration. 

27.  Provisional  certificate  of  registration.—(1)  The  Registrar  of  Inland  Vessels  may,  pending 
issuance of the  certificate of  registration,  upon  an application and  on  payment  of  fee,  by  the applicant, 

14 

 
issue a provisional certificate of registration valid for such period as may be prescribed under sub-section 
(2). 

(2) The application, fee and the issuance of provisional certificate of registration referred to in sub-

section (1) shall be in such form, rate and manner, as may be prescribed by the Central Government. 

(3)  During  the  period  of  validity  of  the  provisional  certificate  of  registration,  the  owner,  operator, 
master or construction yard shall implement and comply with all necessary steps to be taken to have the 
vessel registered under this Chapter. 

28,  Registration  of  modifications  or  alterations.—(1)  The  owner,  operator  or  master  of  any 
mechanically propelled inland vessel, shall make an  application, in such form,  manner and within such 
period as may be prescribed by the State Government, to effect any alteration or modification affecting 
the  strength,  stability  or  safety  of  such  mechanically  propelled  inland  vessel  along  with  the  respective 
certificate  of  survey,  in  which  such  alteration  or  modification  have  been  approved,  to  the  respective 
Registrar of Inland Vessels, who has issued the certificate of registration. 

(2) The Registrar of Inland Vessels shall, on receipt of application and the certificate of survey and on 
receipt  of  such  fee,  as  may  be  prescribed  by  the  State  Government,  either  cause  the  alteration  or 
modification  to  be  registered  and  entered  in  the  certificate  of  registration,  or  direct  that  the  vessel  be 
registered anew: 

Provided  that,  where  the  Registrar  of  Inland  Vessels,  directs  that  the  vessel  be  registered  anew,  he 
shall grant a provisional certificate for a specific period describing the vessel as altered or endorse on the 
existing certificate about the particulars of the alteration. 

(3) Any mechanically propelled inland vessel found plying without complying with sub-section (1) or 
sub-section (2) shall be detained by such authority or officer as the State Government may, by general or 
special order, appoint in this behalf. 

29. Change of residence or place of business.—(1) If the owner of a mechanically propelled inland 
vessel  ceases  to  reside  or  carry  on  business  at  the  registered  address  recorded  in  the  certificate  of 
registration of the vessel, such person shall comply with the procedures prescribed under sub-section (2) 
by the Central Government. 

(2)  For  the  purposes  of  sub-section  (1),  the  procedures  to  be  complied  with  by  the  owner  of  any 
mechanically  propelled  inland  vessel,  who  ceases  to  be  the  owner  or  applies  for  the  requirement  of 
transfer of registry or any such circumstances leading to change of the registered address, shall be such as 
may be prescribed by the Central Government. 

30.  Prohibition  against  transfer  of  ownership  of  registered  vessel.—No  mechanically  propelled 
inland vessel registered with the registering authority of a State Government under this Chapter, shall be 
transferred to a person residing in any country other than India, without the prior approval of the Registrar 
of  Inland Vessels,  who  has  originally  granted the certificate  of  registration  and such a transfer shall  be 
validated  only  if  made  in  compliance  with  such  procedures  as  may  be  prescribed  by  the  Central 
Government. 

31.Suspension of certificate of registration.—(1) The Registrar of Inland Vessels may at any time, 
require any mechanically propelled inland vessel within the local limits of his jurisdiction to be inspected 
by such authority as the State Government may, by general or special order, appoint in this behalf. 

(2) As a result of such inspection, if the Registrar of Inland Vessels has reason to believe that after the 
granting of the certificate of registration, the mechanically propelled inland vessel became unfit to ply in 
inland waters, order suspension of the certificate of registration of the said vessel for such period as he 
may deem fit. 

(3) The Registrar of Inland Vessels shall, before suspending a certificate of registration, provide to the 

owner, operator or master an opportunity of being heard, and record the reasons for such suspension. 

(4) The Registrar of Inland Vessels who suspends the certificate of registration under sub-section (2), 
shall  issue  a  notice  of  suspension  to  the  registered  owner  stating  the  reasons  for  suspension  and  the 

15 

 
conditions  to  be  complied  within  such  period,  as  may  be  prescribed  by  the  State  Government,  for 
withdrawal of such order of suspension. 

(5) Where the registration of a mechanically propelled inland vessel is suspended under sub-section 
(2)  by  any  Registrar  of  Inland  Vessels,  other  than  the  Registrar  of  Inland  Vessels  who  has  originally 
issued  the  certificate  of  registration,  the  former  shall  intimate  the  latter,  regarding  such  order  of 
suspension or withdrawal of such order of suspension; and the latter shall enter such order in the book of 
registry in which the registration of the vessel is originally recorded. 

(6)  The  Registrar  of  Inland  Vessels  suspending  the  certificate  of  registration,  shall  confiscate  such 
certificate  and  return  the  certificate  to  the  owner  or  master  only  upon  withdrawal  of  the  order  of 
suspension. 

32.Cancellation  of registration.—(1)  If  any  mechanically  propelled  inland  vessel  registered  under 
this  Act  is  declared  missing,  destroyed,  lost,  abandoned  or  has  been  rendered  permanently  unfit  for 
service or destined for scrapping or dismantling or sold abroad; the owner of the vessel shall, within such 
time as may be prescribed by the Central Government, report the fact to the Registrar of Inland Vessels of 
the place where the vessel is registered and shall also forward to that authority, along with the report, the 
certificate  of  registration  of  the  vessel  and  thereupon  such  Registrar  of  Inland  Vessels  shall  have  the 
certificate of registration cancelled. 

(2) Any Registrar of Inland Vessels may at any time require that any mechanically propelled inland 
vessel within the local limits of his jurisdiction may be inspected by such designated authority as the State 
Government may, by general or special order, appoint in this behalf and, if as a result of such inspection, 
such Registrar of Inland Vessels is satisfied that the vessel is in such a condition that it is not fit to ply in 
any inland water, the Registrar of Inland Vessels may, after giving the owner of the vessel an opportunity 
of being heard, cancel the registration of the vessel and require the owner thereof to surrender forthwith to 
him, the certificate of registration in respect of that vessel, if it has not already been so surrendered. 

33.  Mortgage  of  mechanically  propelled  inland  vessel  or  share  therein.—(1)  A  registered 
mechanically propelled inland vessel or a share therein may be mortgaged as a security for a loan or other 
valuable  consideration,  and  the  instrument  creating  the  security  shall  be  in  such  form,  as  may  be 
prescribed by the Central Government, and on the production of such instrument, the Registrar of Inland 
Vessels who granted the certificate of registration shall record it in the book of registry. 

(2) The manner and the conditions, subject to which a mechanically propelled inland vessel or a share 

therein may be mortgaged, shall be such as may be prescribed by the Central Government. 

CHAPTER VI 

MANNING, QUALIFICATION, TRAINING, EXAMINATION AND CERTIFICATION 

34.  Training  and  minimum  age  for  employment.—(1)  The  standards  for  qualification,  training, 
training  institutes,  examination  and  grant  of  certificate  of  competency  for  the  purposes  of  this  Chapter 
shall be such as may be prescribed by the Central Government. 

(2) No person under the age of eighteen years shall be employed on a mechanically propelled inland 

vessel registered under this Act. 

35.  Minimum  manning  scale  and  manning  requirements.—The  minimum  manning  scale 
applicable to different class or category of mechanically propelled inland vessels, categorised under this 
Act  or  such  other  laws  for  the  time  being  in  force  in  India,  shall  be  such  as  may  be  prescribed  by  the 
Central Government. 

36. Appointment and duties of examiners.—(1) The State Government may appoint examiners, in 
accordance with the criteria and qualifications, as may be prescribed by the Central Government, for the 
purpose of examining the qualifications of persons desirous of obtaining certificates under this Chapter to 
the effect that they are competent to undertake the responsibilities of and act as, masters, or as engineers 
or  engine-drivers,  or  as  such  other  persons,  as  the  case  may  be,  on  the  mechanically  propelled  inland 
vessels. 

16 

 
(2) The examiners shall evaluate the persons who have undergone the training required for qualifying 
as masters, or as engineers or engine-drivers, or as such other persons, as the case may be, and shall report 
the  list  of  successful  candidates  who  possess  the  required  qualifications  to  the  Central  Government  or 
such other officer appointed or authorised by notification by the State Government. 

37.  Grant  of  certificate  of  competency.—(1)  The  State  Government  may  evaluate  the  report 
provided  by  the  examiners,  and  upon  confirmation  as  to  the  correctness  of  such  report;  shall  grant  to 
every  candidate;  who  is  reported  by  the  examiners  to  possess  the  required  qualifications,  with  the 
certificate  of  competency,  certifying  that  the  candidate  specified  in  the  report  is  competent  to  serve,  in  such 
capacity as may be specified therein, on any class or category or whole of the mechanically propelled inland vessel 
as specified in the certificate. 

(2) The State Government shall require for further examination or a re-examination of all or any of 
the candidates, if it is found that the report submitted by examiners is defective, or there exists reason to 
believe that such a report has been unduly made. 

(3)  The  certificate  of  competency  shall  be  in  such  form  and  manner  as  may  be  prescribed  by  the 

Central Government. 

38. Certificate of service.—(1) The State Government may, on an application, without examination, 
grant a certificate of service to any person who has served as a master, or as an engineer, of a vessel of the 
Coast  Guard,  Indian  Navy  or  regular  Army  for  such  period  as  may  be  prescribed  in  this  behalf  by  the 
Central Government, to the effect that he is competent to act, as a first-class master, second-class master 
or serang, or as an engineer, first-class engine-driver or second-class engine-driver or in such capacity as 
may be specified therein, as the case may be, on board the mechanically propelled inland vessel. 

(2) For the purposes of granting of certificate of service under sub-section (1), the State Government 
shall verify the certificate, certifying the competence of the applicant as issued by the Coast Guard, Indian 
Navy or regular Army, as submitted to it by such applicant along with his application. 

(3)  Notwithstanding  anything  contained  herein,  the  State  Government  may  by  recording  reasons 

thereof, refuse granting of certificate of service under sub-section (1). 

(4) A certificate of service so granted under sub-section (1), shall be in such form and manner; and 
shall be subject to such conditions, as may be prescribed by the Central Government, and shall have the 
same effect as a certificate of competency granted under section 37. 

39. Effect of certificate of competency or certificate of service.—Subject to the provisions of this 
Act and such conditions as may be prescribed by the Central Government, a certificate of competency or 
certificate of service shall be valid throughout India. 

40. Suspension and cancellation of certificate.—(1) If the holder of any certificate issued under this 
Chapter is found to have acted in contravention to the provisions of this Act or the rules made thereunder; 
the said certificate shall be liable to be suspended or cancelled. 

(2) The State Government or any officer appointed or authorised under this Chapter shall issue notice 
to  the  holder  of  certificate  and  shall  provide  him  an  opportunity  of  being  heard  before  suspension  or 
cancellation of certificates issued under this Chapter. 

(3)  Notwithstanding  anything  contained  in  sub-section  (2),  the  State  Government  or  any  officer 
appointed or authorised under this Chapter, may suspend or cancel the certificate of competency or the 
certificate of service granted under this Chapter by recording reasons thereof. 

(4) If a certificate issued under the provisions of this Chapter is suspended or cancelled, the holder of 
such certificate shall deliver it to the State Government or such officer, appointed or authorised by that 
Government by notification in Official Gazette under this Chapter. 

41. Registry of certificate holders and central registry.—(1) The State Government shall maintain 
registers  in  electronic  format  to  record,  the  details  and  data  of  the  certificate,  and  the  respective 
certificates, issued under this Chapter in such form and manner as may be prescribed by it. 

17 

 
(2) The State Government shall report and update the Central Government with the information on 
data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the 
respective authority in regular intervals, as may be prescribed by the Central Government. 

(3)  The  Central  Government  shall  update  the  central  data  base  with  the  reports  and  information 

received from all the State Governments under this Chapter in electronic format. 

CHAPTER VII 

SPECIAL CATEGORY VESSELS 

42. Special category vessels.—(1) For the purposes of this Chapter, the Central Government may, by 
rules  to  be  made  in  this  behalf,  specify  the  criteria  and  standards  to  identify  any  class  or  category  of 
mechanically propelled inland vessels as special category vessels based on their design, construction, use, 
purpose, area of plying, source of energy or fuelling, or any other criteria or standards. 

(2)  The  requirements  of  construction,  design,  survey,  registration,  manning,  qualification, 
competency,  or  the  requirements  in  addition  to  those  contained  elsewhere  in  this  Act  shall  be  such,  as 
may be prescribed by the Central Government. 

(3)  The  State  Governments  shall  identify  the  mechanically  propelled  inland  vessels  as  special 
category  vessels  based  on  the  criteria  and  standards  prescribed  by  the  Central  Government  under  sub-
section (1). 

43.  Appointment  or  authorisation  of  officers  to  implement  provisions,  grant  certificate  of 
fitness,  etc.—(1)  The  State  Government  shall  appoint  or  authorise  such  number  of  officers  for  the 
purpose of performing duties and implementing the provisions of this Chapter. 

(2) On an application made by owner, operator or master of any mechanically propelled inland vessel 
in such form as may be prescribed by the State Government, any officer appointed or authorised under 
sub-section (1), on being satisfied that such vessel complies with the provisions of this Act and falls under 
the special category vessels as identified in this Chapter, and subject to such other conditions including 
validity as may be prescribed by the State Government, may grant a certificate of fitness, in such form 
and manner as may be prescribed by that Government. 

(3)  The  officer  appointed  or  authorised  under  sub-section  (1)  may,  for  reasons  to  be  recorded  in 

writing, refuse to grant the certificate of fitness in respect of an application made under sub-section (2). 

44. Safety of passengers or service users.—(1) The safety features, gears and such other measures 
by  which  any  mechanically  propelled  inland  vessel,  identified  as  special  category  vessel  under  this 
Chapter, shall comply with and be equipped in accordance with the categorisation of such vessel, shall be 
such as may be prescribed by the State Government. 

(2) The maximum carrying capacity of the vessel identified as special category vessel by specifying 
the safety loadline or the limits of loadline to keep them afloat, or such other criteria and conditions, other 
than those mentioned elsewhere in this Act for the safe voyage of such inland vessel, shall be such as may 
be prescribed by the State Government. 

45.  Inspection  of  vessel.—(1)  The  surveyor  may,  other  than  for  the  purpose  of  survey,  at  any 
reasonable time, go on board any special category vessel, and inspect the respective vessel including the 
hull, equipment and machinery or any part or properties of such vessel. 

(2) The owner, operator, agent, master and any such person in-charge of the special category vessel, 
shall  make  available  all  necessary  facilities  to  the  surveyor  for  inspection  and  survey,  and  all  such 
information regarding the vessel and her machinery and equipment, or any part thereof, respectively, as 
the surveyor or such other officer may reasonably require. 

46. Suspension or cancellation of certificate of fitness.—(1) If any special category vessel does not 
comply  with  the  provisions  of  this  Act  or  the  rules  made  thereunder,  the  State  Government  may  issue 
notice to the owner or operator or master or any person in-charge of such vessel, for rectifying the non-
compliance within such time as may be specified therein. 

18 

 
(2) In case of continuance of non-compliance by the owner or operator or master or any person in-
charge of the special category vessel even after receipt of the notice issued under sub-section (1), the State 
Government may, after providing an opportunity of being heard and for reasons to be recorded in writing, 
suspend or cancel the certificate of fitness issued to such vessel under this Chapter. 

(3) If the certificate of fitness of a special category vessel has been suspended or cancelled under sub-
section  (2),  then  such  vessel  shall  cease  to  operate  till  the  suspension  is  revoked,  or  in  the  event  of 
cancellation, shall cease to operate till a new certificate of fitness is granted. 

CHAPTER VIII 

NAVIGATION SAFETY AND SIGNALS 

47. Navigation safety, lights and signals.—(1) The specifications and requirements of signals and 
equipment  based  on  classification  and categorisation of  mechanically  propelled vessels,  to  be  complied 
with by such vessels shall be such as may be prescribed by the Central Government. 

(2) The fog and distress signals to be carried and used, the steering and sailing rules to be complied 
with  and  the  different  protocols  for  exhibition  and  display  of  different  standards  of  lights,  shapes  and 
signals, by any mechanically propelled vessel plying in inland waters shall be such, as may be prescribed 
by the Central Government. 

(3) The owner or master of every mechanically propelled vessel, while in the inland water limit, shall 
comply  with  the  rules  made  under sub-sections (1)  and  (2),  and  shall  not carry  or exhibit  any  lights  or 
shapes or use any fog or distress signals, other than that required to be exhibited under this Chapter or the 
rules made thereunder. 

48.  Obligation  to  ensure  safe  navigation.—(1)  Every  mechanically  propelled  vessel  shall  adopt 

necessary measures to prevent collision and to ensure safe navigation through inland waters. 

(2) If any damage to person or property arises in the inland water limit due to non-observance of any 
of the rules made under this Chapter by any mechanically propelled vessel, the damage shall be deemed 
to have been occasioned by the wilful default of the person in-charge of such vessel at that time, unless it 
is shown to the satisfaction of the court that the circumstances of the case demanded deviance from the 
applicable rules. 

49. Distress signal.—The master of a mechanically propelled vessel, while in the inland water limit, 
on finding or encountering a dangerous derelict or any other hazard to navigation in the inland waterways, 
shall  immediately  send  a  signal  to  indicate  the  danger  or  distress,  or  any  such  information  to  other 
mechanically propelled vessels in the vicinity and to the concerned State Government: 

Provided that no fees or charges shall be levied on any mechanically propelled vessel, in using any 

device for communicating any information under this section. 

50. Assistance to vessels in distress and persons in distress.—(1) The master of any mechanically 
propelled vessel, while in the inland water limit, who has received any signal of distress from any vessel 
or  aircraft  within  the  inland  water  limit,  shall  proceed  immediately  to  the  assistance  of  the  persons  in 
distress by acknowledging the receipt of such signal to the vessel in distress. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  master  of  a  mechanically  propelled 
vessel shall be released from the obligation to render assistance as provided in the said sub-section, if he 
is unable to do so, or in the special circumstances of the case, considers it unreasonable to act as provided 
in the said sub-section, or if the requirement for assistance is being complied with by other vessels, or the 
assistance is no longer required. 

(3)  The  master  of  any  mechanically  propelled  vessel,  while  in  the  inland  water  limit,  shall  render 

assistance to every person found in danger of being lost in the inland waters. 

(4) The master of any mechanically propelled inland vessel may abstain from complying with sub-
section (3), if in his judgment, he is unable to or, in the special circumstances of the case, such assistance 
may not be rendered without serious danger to his vessel, or to the persons on board and, in such event 
shall inform the respective authorities regarding his inability of such non-compliance. 

19 

 
51. Life saving, fire safety and communication appliances.—(1) The Central Government shall, by 
rules  made  in  this  behalf,  specify  the  class  or  category  of  mechanically  propelled  inland  vessels  to  be 
equipped  with  navigation  aids,  life  saving  appliances,  fire  detection  and  extinguishing  appliances  and 
communication appliances. 

(2) The owner, operator or master of all mechanically propelled inland vessels shall comply with the 
requirements  of  navigation  aids,  life  saving  appliances,  fire  detection  and  extinguishing  appliances  and 
communication appliances as specified in sub-section (1). 

(3) The State Government may appoint or authorise such officers as surveyors to inspect and ensure 
that the mechanically propelled inland vessels comply with the applicable requirements specified in sub-
section (1). 

(4)  If  the  surveyor,  on  inspection,  finds  that  the  mechanically  propelled  inland  vessel  is  not  so 
provided with life saving and fire appliances in conformity with the provisions of this Act and the rules 
made  thereunder,  he shall issue  a  notice to  the  master  or  owner  or  operator in writing  pointing  out  the 
deficiency,  and  unless  the  master  or  owner  or  operator  complies  with  the  said  notice  and  report  such 
compliance to the surveyor, the said vessel shall not proceed to conduct any voyage. 

PREVENTION OF POLLUTION CAUSED BY INLAND VESSEL 

CHAPTER IX 

52.  Chemicals,  etc.,  to  be  designated  as  pollutants.—(1)  The  Central  Government  shall,  by 
notification, designate the list of chemicals, any ingredients or substance carried as bunker or as cargo, or 
any substance in any form discharged from any mechanically propelled inland vessel, as pollutants. 

(2) The owner or master of any mechanically propelled inland vessel shall discharge or dispose of the 
sewage and garbage in accordance with such standards and manner as may be prescribed by the Central 
Government. 

(3)  No  mechanically  propelled  inland  vessel  shall  cause  pollution  by  discharging  or  dumping  of 

pollutants designated under sub-section (1): 

Provided that nothing in this sub-section shall apply to the discharge dump or emission of such oil or 
oily mixture, hazardous chemical or obnoxious substance or any other pollutant, as the case may be, from 
a  mechanically  propelled  inland  vessel  for  the  purpose  of  securing  the  safety  of  any  mechanically 
propelled  inland  vessel,  preventing  damage  to  another  mechanically  propelled  inland  vessel,  cargo  or 
saving of life at inland waters. 

53. Certificate of prevention of pollution.—(1) The Central Government shall, by rules made in this 
behalf, specify the standards of construction and equipment of the mechanically propelled inland vessels 
to ensure compliance with the requirements of this Chapter. 

(2) The State Government shall appoint or authorise such officers to ensure construction, installation 
and  maintenance  of  equipment  of  all  mechanically  propelled  inland  vessels  and  issue  certificate  of 
prevention of pollution, in compliance with the provisions of this Chapter. 

(3)  Every  mechanically  propelled  inland  vessel,  which  has  been  constructed  and  equipped  in 
compliance with this Chapter shall be issued with a certificate of prevention of pollution in such form, 
validity and content as may be prescribed by the Central Government. 

(4) Every mechanically propelled inland vessel shall carry on board a valid certificate of prevention 
of pollution and shall furnish the same on demand by concerned officers appointed or authorised under 
this Chapter. 

54. Reception facilities and containment of pollution.—(1) The Central Government shall, by rules 
made in this behalf, specify the conditions for construction, use and maintenance of reception facilities for 
the  containment  of  pollution  and  removal  of  pollutants  arising  from  spillage  or  discharge  arising  from 
mechanically propelled inland vessels at all cargo terminals or passenger terminals. 

20 

 
(2)  The  owner  or  operator  of  all  cargo  terminals  or  passenger  terminals  shall  provide  reception 
facilities  to  discharge  oil,  oily  mixture,  hazardous  chemicals,  sewage  or  obnoxious  substances  at  such 
cargo or passenger terminal, as the case may be, in compliance of sub-section (1). 

(3) The owner or operator of all cargo terminals or passenger terminals, providing reception facilities 

shall receive charges, at such rates as may be prescribed by the State Government. 

(4) For the purposes of minimising the pollution already caused, or for preventing the imminent threat 
of pollution, the Central Government or such other officer appointed by the State Government may, by 
order in writing, direct the owner or operator of cargo or passenger terminal to provide or arrange for the 
provision of such pollution containment equipment and pollutant removing materials, at such cargo and 
passenger terminal, as may be specified in such order. 

(5) The owner or operator of the passenger or cargo terminal shall submit a report of compliance to 
the  Central  Government  or  such  other  officer appointed  under  sub-section (4),  in  such form  as  may  be 
prescribed by the State Government. 

(6) The owner, operator or master of any mechanically propelled vessel used or plying within inland 
waters, shall discharge the pollutants at the port reception facilities in such manner as may be prescribed 
by the State Government. 

55.  Appointment  of  surveyor  or  officer  to  inspect.—(1)  The  State  Government  may  appoint  or 
authorise such officers as surveyors to inspect any cargo or passenger terminal lying within its respective 
jurisdiction. 

(2) The surveyor authorised under sub-section (1) may, at any reasonable time, enter and inspect any 

cargo or passenger terminal to— 

(a) ensure that the provisions of this Chapter are complied with; 

(b)  verify  whether  such  cargo  or  passenger  terminal  is  equipped  for  pollution  containment  and 
removal, in conformity with the order of the State Government or any of the rules made under this 
Chapter; and 

(c) satisfy himself of the adequacy of the measures taken to prevent pollution. 

(3) If the surveyor, on inspection, finds that the cargo or passenger terminal is not provided with the 
required  pollution  containment  equipment  and  pollutant  removing  materials,  he  shall  give  a  notice  in 
writing pointing out the deficiencies and the recommended remedial measures to rectify such deficiency, 
that is identified during the inspection, to the owner or operator of such cargo or passenger terminal, as 
the case may be. 

(4) No owner or operator of such cargo or passenger terminal, as the case may be, served with the 
notice under sub-section (3), shall proceed with any work at such cargo or  passenger terminal, until he 
obtains a certificate signed by the surveyor to the effect that the cargo or passenger terminal, is properly 
provided  with  the  required  pollution  containment  equipment  and  pollutant  removing  materials  in 
conformity with the rules made under this Chapter. 

56. Investigation into incidents of pollution.—(1) The State Government shall direct any designated 
authority  or  such  other  authorised  officer  appointed  under  Chapter  XIII  to  conduct  investigation  into 
incidents of pollution. 

(2) The State Government shall update the Central Government with such information or report of the 

court, if so directed by such court concerned, on incidents of pollution that occurs within its jurisdiction. 

CHAPTER X 

WRECK AND SALVAGE 

57.  Prohibition  against  intentionally  causing  wreck.—The  owner,  operator,  master  or  person  in-
charge of a vessel plying in inland waters shall not intentionally abandon, desert, dump, throw overboard 
or jettison the vessel or property or parts or cargo, so as to cause wreck. 

21 

 
58. Receivers of wreck.—(1) The State Government may, by notification, appoint or authorise any 

officer to act as receiver of wreck within the respective jurisdiction. 

(2) The owner, operator, master or person in-charge of vessel, property or cargo, which  is wrecked, 
stranded or in distress or who has found any vessel, property or cargo wrecked, stranded or in distress in 
the inland waters, shall immediately inform, by all means of communication to the receiver of wreck in 
whose jurisdiction the vessel, property or cargo is found to be wrecked, stranded or in distress. 

(3) The owner of the wreck, whose property or cargo, is wrecked or stranded or is in distress in the 
inland  waters  shall  inform  the  receiver  of  wreck  in  writing  of  the  finding  thereof  and  of  the  marks  by 
which such wreck can be distinguished, and in cases, where the wreck is in possession of any person other 
than  the  owner,  operator,  master  or  person  in-charge  of  vessel,  property  or  cargo,  such  person  shall 
deliver such wreck to the receiver of wreck. 

Explanation.—For the purposes of this Chapter, the word “person” shall have the meaning assigned to 

it in clause (42) of section 3 of the General Clauses Act, 1897 (10 of 1897). 

59.  Powers  of  Central  Government  to  make  rules  for  Chapter  X.—For  the  purposes  of  this 

Chapter, the— 

(a) powers and functions of the receiver of wreck; 

(b) responsibilities and obligations of the owner, operator, master or person in-charge of vessel, 

property or cargo with respect to the wreck; 

(c) measures adopted for the removal of obstruction to navigation; 

(d) disposal of wreck, including its sale and proceeds of unsold property; 

(e) measures to be adopted for protection of wreck, fouling of government moorings; 

(f)  rights  and  duties  of  salvors  and  performance  of  salvage  operations  or  resolution  of  disputes 

pertaining to amount payable to salvors; and 

(g)  such  other  matter,  which  the  Central  Government  may  deem  necessary  for  the  efficient 
administration and removal of wrecks, shall be such as may be prescribed by the Central Government. 

CHAPTER XI 

LIABILITY AND LIMITATION OF LIABILITY 

60. Liability under Act.—(1) The owner, operator, master, a member of crew or an insurer shall be 

liable for the offences and contraventions of the provisions of this Act or the rules made thereunder. 

(2) Where any person is beneficially interested otherwise than by way of mortgage or in the share in 
any  mechanically  propelled  inland  vessel  registered  in  the  name  of  some  other  person  as  owner,  the 
person so interested, and the registered owner, shall be liable to all the pecuniary penalties imposed by 
this or any other Act on the owners of mechanically propelled inland vessels or shares therein. 

61.  Apportionment  of  loss.—(1)  Whenever  by  the  fault  of  two  or  more  mechanically  propelled 
inland vessels, damage or loss is caused to one or more of them or to the cargo of one or more of them or 
to any property on board one or more of them, the liability to make good the damage or loss shall be in 
proportion to the degree in which each of such vessel was at fault: 

Provided that— 

(a) if, having regard to all the circumstances of the case, it is not possible to establish different 

degrees of fault, the liability shall be apportioned equally; 

(b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to 

which such vessel has not contributed; 

(c) nothing in this section shall affect the liability of any person under any contract, or shall be 
construed as imposing any liability upon any person from which he is exempted by any contract or by 

22 

 
the provisions of any law for the time being in force, or as affecting the right of any person to limit 
his liability in the manner provided by such law. 

(2) For the purposes of this Chapter, reference to damage or loss caused by the fault of a mechanically 
propelled  inland  vessel  shall  be  construed  as  including  reference  to  any  salvage  or  other  expenses, 
consequent upon that fault, recoverable under the provisions of any law for the time being in force by way 
of damages. 

(3)  The  person  who  has  suffered  damage  or  injured  or  his  representative  may  apply  to  any  court 

having appropriate jurisdiction on the claim, for the detention or attachment of the vessel. 

62. Liability for personal injury, loss of life or pollution to environment.—(1) Where, loss of life 
or  personal  injuries  is  suffered,  damage  to  property  or  pollution  is  caused  by  any  person  on  any 
mechanically propelled inland vessel or any other vessel, owing to the fault of that vessel and of any other 
vessel or vessels, the liability of the owners of such vessels concerned shall be joint and several. 

(2) No liability for any claim other than loss of life, personal injury or pollution, shall attach to the 
owner, operator, master, or a member of crew or insurer under this Chapter, if he proves that the cause for 
claim— 

(a) was a result of an act of war, hostility, civil war, insurrection or a natural phenomenon of an 

exceptional, inevitable and irresistible character; or 

(b)  was  wholly  caused  by  an  act  or  omission  with  intent  to  cause  such  damage  by  any  other 

person; or 

(c)  was  wholly  caused  by  the negligence  or  other  wrongful  act  of  a  State  Government  or  other 
authority  responsible  for  the  maintenance  of  lights  or  other  navigational  aids  in  exercise  of  its 
functions in that behalf. 

63.  Detention  of  mechanically  propelled  inland  vessel.—The  State  Government  may  appoint  or 
authorise any officer under this Chapter, for the purpose of detaining any mechanically propelled inland 
vessel in connection with a claim, or an offence  under this Chapter, and the procedure thereof shall be 
such as may be prescribed by that Government. 

 64. Limitation of liability.— (1) The owner, operator, master or any person in-charge of a vessel or 

member of crew of any mechanically propelled vessel may limit the extent of his liability for— 

(a) claims in respect of loss of life or personal injury, or loss of, or damage to, property including 
damage to jetties, wharfs, harbour basins and waterways and aids to navigation, occurring on board or 
in direct connection with the operation of such vessels or with salvage operations, and consequential 
loss resulting therefrom; 

(b) claims arising out of loss resulting from delay in the carriage of cargo and passengers or their 

luggage by inland waters; 

(c)  claims  arising  out  of  other  loss  resulting  from  infringement  of  rights  other  than  contractual 

rights, occurring in direct connection with the operation of such vessel or salvage operations; 

(d) claims in respect of the raising, removal, destruction or rendering harmless of a vessel or the 

cargo which is sunk, wrecked, stranded or abandoned; 

(e) claims of a person, other than the person liable, in respect of measures taken by such person in 

order to avert or minimise loss and for further loss caused by such measure; 

(f)  claims  for  the  loss  of  life  or  personal  injury  to  passengers  of  such  vessel  brought  by  or  on 

behalf of any person— 

(i) under the contract of passenger carriage; or 

(ii) who, with the consent of the carrier, is accompanying a vessel for live animals which 

are covered by a contract for the carriage of goods, carried in such vessel. 

23 

 
(2) Notwithstanding anything contained in this section, no person shall be entitled to limit his liability 

for— 

(a) claims for salvage; or 

(b) claims stipulated as exempted from the application of limitation of liability under any other 

law for the time being in force in India. 

(3) Notwithstanding anything contained in this section, the act of invoking limitation of liability shall 

not be construed as constituting an admission of liability by any person who takes the defence. 

(4) For the purposes of this Chapter, the liability of the owner or operator of a mechanically propelled 

inland vessel shall include the liability in an action brought against such vessels. 

(5)  The  limits  of  liability  and  the  criteria  in  determining  compensation  for  any  claim  as  provided 

under sub-section (1) shall be such as may be prescribed by the Central Government. 

(6)  The  person  entitled  to  limit  liability  under  sub-section  (1)  may  apply  to  the  High  Court  of 
respective  jurisdiction  for  constituting  a  limitation  fund  for  the  consolidated  rate  as  provided  for  under 
this Chapter. 

(7)  Where  a  vessel  or  other  property  is  detained  in  connection  with  a  claim,  covered  under  this 
Chapter, the High Court may order release of such vessel or other property, upon an application made by 
the person, who is entitled to limit their liability and by— 

(a) ensuring that such person, who is entitled to constitute the limitation fund has submitted his 

availability in person to the jurisdiction of the High Court; or 

(b) depositing sufficient fund or financial guarantee as determined by the High Court as security; 

or 

(c) constituting the limitation fund, as the case may be. 

65.  Non-applicability  of  limitation.—  No  person  shall  be entitled to limit the  liability  against  any 
claim, if such claim has arisen due to intentional act or negligence of the person or his employee, who 
otherwise would have been entitled to limit his liability under this Chapter. 

CHAPTER XII 

INSURANCE OF MECHANICALLY PROPELLED VESSELS PLYING IN INLAND WATERS 

66.  Insurance  to  cover.—  No  mechanically  propelled  vessel  shall  be  used  for  voyage  in  inland 

waters, unless there is in force— 

(a) a policy of insurance which shall cover liability that may be incurred by the insured— 

(i) in respect of the death of or bodily injury to any person or damage to any property caused 

by or arising out of the use of the mechanically propelled vessel; 

(ii) in respect of liability of operational pollution and accidental pollution of inland waters; 

(b) a policy of insurance in compliance of the Public Liability Insurance Act, 1991 (6 of 1991), if 
the mechanically propelled inland vessel is carrying or meant to carry, dangerous or hazardous goods; 

(c) a policy of insurance covering the mechanically propelled vessel to— 

(i) a value not less than the liability incurred; or 

(ii) entitle it to be covered under limitation of liability as provided under this Act, a value not 

less than the specified and applicable limitation amount: 

Provided that any policy of insurance issued with a value not less than the limitation of liability in 
force, immediately before the commencement of this Act, shall continue to be effective for a period 
of  twelve  months  after  such  commencement  or  till  the  date  of  expiry  of  such  policy,  whichever  is 
earlier. 

24 

 
67.  Contractual  liability  not  to  cover.—  Notwithstanding  anything  contained  in  this  Chapter,  a 
policy  shall  not  be  required  to  cover  any  contractual  liability  of  the  insured  that  arises  due  to  any 
performance or non-performance of a contract or of agreement in the capacity of a service provider. 

68.  Issuance  and  terms  of  insurance  policy.—  (1)  For  the  purposes  of  section  66,  the  policy  of 

insurance issued shall be a policy, which— 

(a) is issued by an authorised insurer; 

(b)  insures  the  mechanically  propelled  inland  vessel,  any  person  or  any  classes  of  persons 

specified in the policy to the extent specified in section 66; and 

(c) is a certificate of insurance issued by the insurer to the insured in such form and content, and 

subject to such conditions as may be prescribed by the Central Government. 

(2) The terms and conditions to be incorporated in the contract of insurance entered between insurer 
and insured to cover the risks as provided in section 66 shall be such as may be prescribed by the Central 
Government. 

69. Duty to indemnify and direct action against insurer.— (1) Notwithstanding anything contained 
in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be 
liable to indemnify the insured or any person, as specified in the policy in respect of any liability which 
the policy purports to cover in the case of the insured or that person. 

(2)  Any  claim  for  compensation  against  the  loss  or  damage  under  this  Act  and  covered  by  the 
insurance may be brought directly against the insurer in respect of the liability incurred by the registered 
owner. 

70.  Effect  of  death  on  certain  causes  of  action.—Notwithstanding  anything  contained  in section 
306 of the Indian Succession Act, 1925 (39 of 1925), the death of a person in whose favour a certificate of 
insurance  had  been  issued,  if it occurs after  the  happening  of an  event  which  has  given  rise to  a claim 
under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of 
the said event against his estate or against the insurer. 

71.  Effect  of  certificate  of  insurance.—When  an  insurer  has  issued  a  certificate  of  insurance  in 

respect of a contract of insurance between the insurer and the insured person, then,— 

(a) if and so long as the policy described in the certificate has not been issued by the insurer to the 
insured, the insurer shall, as between himself and any other person except the insured, be deemed to 
have issued to the insured person a policy of insurance conforming in all respects with the description 
and particulars stated in such certificate; and 

(b)  if the insurer has  issued  to  the insured  the  policy  described  in  the certificate,  but the  actual 
terms of the policy are less favourable to the person claiming under or by virtue of the policy against 
the  insurer  either  directly  or  through  the  insured  than  the  particulars  of  the  policy  as  stated  in  the 
certificate,  the  policy  shall,  as  between  the  insurer  and  any  other  person  except  the  insured,  be 
deemed to be in terms conforming in all respects with the particulars stated in the said certificate. 

72.  Transfer  of  certificate  of  insurance.—Where  a  person  in  whose  favour  the  certificate  of 
insurance has been issued in accordance with the provisions of this Chapter transfers to another person, 
the ownership of the mechanically propelled vessel covered under this Chapter, in respect of which such 
insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and 
the policy described in the certificate shall be deemed to have been transferred in favour of the person to 
whom the mechanically propelled inland vessel is transferred with effect from the date of its transfer. 

Explanation.—For the removal of doubts, it is hereby clarified that such deemed transfer shall include 
transfer of rights and liabilities covered under the said certificate of insurance and the policy of insurance. 

73.  Powers  of  Central  Government  to  make  rules  for  Chapter  XII.—The  Central  Government 
shall, by rules made in this behalf, specify the terms, conditions and procedures to be complied with by 
the insurers and insured including— 

(a) cover note of insurance and its validity; 

25 

 
(b) rights and duties of the insured; 

(c) procedures and processes involved in processing of claims; 

(d) duties and obligations of the insurers to satisfy the judgments and awards; 

(e) rights of claimants, liability of the insured and the insurers in special circumstances such as 

the insured becomes insolvent and the procedures to be followed; 

(f)  procedures,  processes  and  minimum  terms  of  conditions  for  the  settlement  between  the 

insurers and insured persons; 

(g) procedures to be followed in the transfer of certificate of insurance; and 

(h)  such  other  matters  directly  or  indirectly  related  to  insurance  of  mechanically  propelled 

vessels, for the purposes of effective implementation and administration of this Chapter. 

CHAPTER XIII 

INQUIRY INTO CASUALITY, ACCIDENT OR WRECK 

74. Reporting of casualty, accident, wreck, etc.— (1) The State Government, may by notification, 

appoint any designated authority for the purposes of this Chapter. 

(2) The owner, operator or master of a mechanically propelled inland vessel, shall give information of 
any  wreck,  abandonment, damage,  casualty,  accident,  explosion  or  loss occurred  to  or  on  board  such a 
vessel  while  in  the  inland  waters,  to  the  officer  in-charge  of  the  nearest  police  station  and  to  the 
designated authority appointed under sub-section (1), in such form and manner as may be prescribed by 
the State Government. 

(3) The designated authority shall at once report the contents of the information referred to in sub-

section (2) to the District Magistrate. 

(4)  The  officer  in-charge  of  the  police  station  shall,  on  receipt  of  information  referred  to  in  sub-
section  (2),  investigate  into  the  matter  and  submit  a  report  to  the  jurisdictional  Judicial  Magistrate  in 
accordance with the provisions of Chapter XII of the Code of Criminal Procedure, 1973 (2 of 1974). 

(5) The Judicial Magistrate may, on receiving the report referred to in sub-section (4), take action as 

he may deem fit in accordance with the provisions of Chapter XVI. 

75. Preliminary enquiry by designated authority and inquiry by District Magistrate.— (1) The 
designated  authority  may,  in  pursuance  of  the  information  referred  to  in  sub-section  (2)  of  section  74, 
conduct a preliminary enquiry and submit a report thereof to the District Magistrate, who shall transmit 
the same to the concerned State Government. 

(2)  The  State  Government  may,  on  receipt  of  the  report  referred  to  in  sub-section  (1),  if  deemed 
necessary, direct the District Magistrate to submit an additional report to it and send a copy thereof to the 
Judicial Magistrate of the first class referred to in sub-section (4) of section 74 through the jurisdictional 
police. 

(3)  The  powers  of  the  District  Magistrate  referred  to  in  sub-section  (2)  and  the  procedures  to  be 
followed  by  him  in  holding  the  inquiry  for  submission  of  additional  report  shall  be  such  as  may  be 
prescribed by the State Government. 

76.  Assessors.—(1)  For  the  purposes  of  this  Chapter,  the  State  Government  may  appoint  and 

maintain a list of assessors, which may be revised from time to time. 

(2) The State Government shall, by rules made in this behalf, specify the qualifications, criteria and 
consideration,  fees or charges  for  the  assessors,  who are conversant  with the  maritime  affairs  and  have 

26 

 
experience in the merchant service or in the navigation of the mechanically propelled inland vessels and 
willing to act as an assessor. 

(3)  The  District  Magistrate  may,  for  the  purposes  of  assisting  in  the  inquiry  under  this  Chapter, 

appoint any number of assessors, from the list of assessors provided to him by the State Government. 

(4) In every inquiry, other than the one specified in sub-section (3), the District Magistrate may, if he 

thinks fit, appoint an assessor, for the purposes of such inquiry, any person. 

(5) Every person appointed as an assessor under this section shall assist the District Magistrate in the 

inquiry and deliver his opinion as may be sought for, which shall be recorded in the proceedings. 

77.  Report  of  District  Magistrate  to  be  notified  by  State  Government.—(1)  The  District 
Magistrate shall, in the case of every inquiry under this Chapter, make a full report of the conclusions at 
which he has arrived, together with the evidence recorded and the written opinion of any assessor. 

(2) The State Government shall, on receipt of the report referred to in sub-section (1) from the District 

Magistrate, cause it to be published by notification in its Official Gazette. 

78. Powers of District Magistrate subsequent to inquiry.— (1) The District Magistrate may, after 
inquiry,  recommend  in  his  report  for  cancellation  or  suspension  or  confiscation  of  a  certificate  of 
competency  or  a  certificate  of  service  granted  to  a  master,  crew  or  engineer  by  the  State  Government 
under Chapter VI, if such District Magistrate finds that— 

(a)  the  accident  or  casualty,  including  loss,  stranding  or  abandonment  of,  or  damage  to,  any 
mechanically propelled inland vessel, or loss of life, has been caused by the wrongful act or default of 
such master or engineer; 

(b) such  master  or  engineer  is incompetent  or  has  been  guilty  of any  gross  act of  drunkenness, 
tyranny or other misconduct, or in a case of collision, has failed to render such assistance or give such 
information or notice as may be required under this Act. 

(2)  At  the  conclusion  of  the  inquiry,  or  as  soon  thereafter  as  possible,  the  District  Magistrate  shall 
state  in  open  sitting,  the  decision  arrived  at  by  him  with  respect  to  the  cancellation  or  suspension  or 
confiscation of any certificate of competency or a certificate of service and, if suspension is ordered, the 
period for which the certificate is suspended. 

(3) Without  prejudice  to  the  provisions of this  section,  the  District Magistrate  may  also  make  such 
order and require such security in respect of the costs of the matter as he may deem fit and necessary in 
the circumstances of the case. 

79.  Power  of  State  Government  to  suspend,  cancel  and  confiscate  certificate.—(1)  The  State 
Government,  in  whose jurisdiction  the  certificate of  competency  or  a  certificate of  service  was  granted 
under Chapter VI, may cancel or suspend any such certificate or, in the event of the vessel being found in 
the jurisdiction of another State Government, such State Government may confiscate the certificate, if,— 

(a)  on  any  inquiry  made  under  this  Chapter,  the  District  Magistrate  reports  for  cancellation  or 

suspension or confiscation of that certificate under section 78; or 

(b) the holder of such certificate is proved to have been convicted of any non-bailable offence; or 

(c)  the  holder  of  such  certificate  is  proved  to  have  deserted  his  vessel  or  has  absented  himself 

without leave and without sufficient reason, from his vessel or from his duty; or 

(d) in the case of a person holding any designation as provided by the certificate of competency 
or certificate of service, is or has become, in the opinion of the State Government, unfit to act in such 
designation, as the case may be. 

27 

 
(2) Every person whose certificate of competency or a certificate of service is suspended or cancelled 
under this Chapter shall deliver it to such person as the State Government, which suspended or cancelled 
it, may direct. 

(3)  If  any  State  Government  cancels,  suspends  or  confiscates  the  certificate  of  competency  or  a 
certificate  of  service  granted  under  Chapter  VI,  the  proceedings  and  the  fact  of  confiscation  and 
recommendation  for  suspension  or  cancellation,  shall  be  reported  to  the  State  Government  which  has 
originally issued, granted or endorsed such certificates. 

(4)  The  State  Government  may,  at  any  time,  revoke  any  order  of  suspension  or  cancellation  or 
confiscation  which  it  may  have  made  under  this  Chapter,  or  grant  a  certificate  anew,  for reasons to  be 
recorded in writing, to any person whose certificate it has so cancelled and such certificate granted anew, 
shall have the same effect as a certificate of competency granted under this Act after examination. 

CHAPTER XIV 

REGULATION OF TRADE PRACTICES 

80. Powers of Central Government to protect interests of service providers and service users.— 
The  Central  Government  may,  prescribe  the  minimum  standards,  terms  and  conditions  to  protect  the 
interests of service providers and service users and to ensure safety of such persons. 

81.  Prohibited  goods  and  dangerous  goods.—The  Central  Government  shall,  by  notification, 
declare the list of dangerous goods that may be carried subject to such conditions, as may be prescribed 
by  it,  and  prohibited  goods  that  are  prohibited  from  being  carried  on  any  class  or  category  of 
mechanically propelled inland vessels, while plying in the inland waters. 

82. Trade permission and endorsement of certificates of foreign vessels.—(1) No vessel registered 
in any country other than India shall be permitted to be used or employed for the purposes of, carriage of 
goods,  transportation  of  passengers,  storage  units,  accommodation,  floating  units  or  for  such  other 
purposes  within  the  inland  waters,  unless  such  vessel  has  secured  prior  permission  from  the  Central 
Government for its use or employment for such purposes and subject to such terms and conditions as may 
be prescribed by the Central Government: 

Provided that, where the Central Government has entered or in the event of that Government entering 
into  bilateral  or  multilateral  treaties  pertaining  to  the  inland  navigation,  whereby  the  permission  is 
provided  to  the  vessels  belonging  to  foreign  countries  to  ply  within  inland  waters  of  India,  the  Central 
Government or the State Government, as the case may be, shall impose or apply such vessels belonging to 
the foreign countries, with the same conditions to the service providers in India. 

(2)  For  the  purposes  of  sub-section  (1),  any  certificate  granted  by  any  other  foreign  country  in 
accordance with the provisions of any law for the time being in force in that country corresponding to the 
provisions as provided in Chapters IV, V and VI under this Act may, on payment of such fees as may be 
prescribed by the Central Government, for the grant of a similar certificate or licence under this Act, be 
endorsed by— 

(a) any State Government in India; or 

(b)  with  the  general  or special  sanction  and  subject  to  such  other terms  and  conditions  of  such 

State Government, by any authority competent to grant a similar certificate under this Act. 

(3) Upon endorsement of any such certificate as provided in sub-section (2), it shall have effect for 
such period and to such extent as may be prescribed by the Central Government and shall be treated as if 
it had been granted under this Act. 

28 

 
 
 
CHAPTER XV 

PILOTAGE, VESSEL DETENTION AND DEVELOPMENT FUND 

83. Pilotage.— (1) The Central Government may, by notification, specify the requirement of pilotage 

in whole or part of inland waterways declared as national waterways. 

(2) The State Government may, by notification, specify the requirement of pilotage in whole or part 
or any stretch of designated inland waterways or such passages that lie within the respective territory of 
such  State  Governments  and  in  respect  of  which  the  Central  Government  has  not  specified  under                  
sub-section (1). 

84.  Certified  master  to  be  deemed  pilot  under  Act  15  of  1908.—  Subject  to  the  provisions  of 
section 83, every master of any mechanically propelled inland 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 mechanically propelled 
inland vessel of which he is in-charge. 

85. Vessel detention and forfeiture.— (1)The State Government or any officer authorised under this 
Act  may,  detain,  forfeit  or  remove  from  the  inland  waters,  any  mechanically  propelled  inland  vessel, 
which is required to be registered under the provisions of this Act, if found— 

(a) plying or being used in inland waters without a valid certificate of registration; 

(b) plying without a valid certificate of survey; 

(c) plying with passengers beyond the permitted carrying capacity; 

(d)  to  have  not  affixed  the  registration  number  assigned  to  such  vessels  as  provided  under  this 

Act; 

(e) not complying with the manning requirements under Chapter VI; 

(f) not complying with the provisions of Chapter VIII; 

(g) to act in contravention to the provisions of Chapter X; 

(h) not in compliance with the provisions of Chapter XII; 

(i) to carry dangerous goods or prohibited goods in contravention to the provisions of section 81 

or the rules made thereunder. 

(2) The owner, operator or any such person recognised as responsible for the vessel under detention, 
shall  pay  the  respective  and  applicable  fees  and  charges  for  the  safe  custody  and  maintenance  of  the 
detained or forfeited vessel, which shall be pre-condition for release of the vessel and which if unpaid, 
shall create a lien over such vessel to comply with the provisions of this Act. 

(3)  Upon  compliance  with  the  provisions  of  this  Act  and  the  rules  made  thereunder,  and  after 
rectifying  the  mistakes  that  lead  to  detention,  the  State  Government  shall,  without  any  unreasonable 
delay,  release  the  vessel  and  her  custody  to  the  owner,  operator  or  any  such  person  recognised  as 
responsible for the vessel under this Act. 

(4)  Unless specifically  provided  elsewhere  in  this  Act, the  procedures  for detention,  formality,  fees 
and conditions to be followed and observed by the concerned officer or authority or court, appointed or 
authorised or constituted under this Act, for the purpose of detaining a vessel, shall be such as may be 
prescribed by the State Government. 

(5)  An  officer  so  authorised  to  enter  any  vessel  may,  for  the  purpose  of  enforcing  the  order  of 
detention or forfeiture, call to his aid, any police officer or any other person authorised under this Act or 
such other laws in force in India.  

29 

 
86.  Constitution  of  Development  Fund.—(1)There  shall  be  a  Fund  constituted  by  the  State 

Government to be called the Development Fund, to be utilised for— 

(a) meeting emergency preparedness; 

(b) meeting containment of pollution caused by discharge of oil, mixtures, obnoxious substances, 

chemicals and other noxious and harmful substances, to preserve and protect inland waters; 

(c) supporting, part or whole of expenses of owners or economically backward sector involved in 

activities of trade and living depending solely on inland waters; 

(d) removal of unidentified wreck or obstruction affecting and impeding navigation; and 

(e)  boosting  up  development  works  of  inland  water  navigation  with  respect  to  safety  and 

convenience of conveyance. 

(2) For the purposes of constitution of the Development Fund under sub-section (1), endeavour shall 

be made to design schemes of contribution from— 

(a) the State Government; 

(b) stake holders; 

(c)  the  amount  collected  from  sale  of  wreck  or  cargo  or  remains  thereof  after  deducting  the 

expenses incurred; 

(d) excess fund out of judicial sale of vessels or any property or cargo after meeting the expenses 
incurred  or  set-off  against  the  court  to  meet  damages  or  functioning  of  the  court  or  administrative 
machinery; and 

(e)  part  or  proportionate  disbursement  of  fees  collected  by  the  respective  State  Government  as 

provided in this Chapter. 

CHAPTER XVI 

OFFENCES AND PENALTIES 

87. Offences  and  penalties.—(1) Whoever,  contravenes any  of the  provisions of this  Act, shall  be 

punishable with penalty as mentioned in the third column of the Table provided in sub-section (2). 

(2)  The  classification  of  offences  for  contravention  of  the  provisions  of  this  Act  and  the 

corresponding penalties therefor shall be as provided in the following Table, namely:— 

Section 

(1) 

8 

14 (1) 

Offence 

(2) 

Penalty 

(3) 

Any  owner,  operator  or  construction  yard, 
found  guilty  of  construction,  alteration  or 
modification of mechanically propelled inland 
vessel in contravention of section 8. 

Fine  which  may  extend  to  ten  thousand 
rupees for every non-compliance found. 

operator 

or  master 

any 
Owner, 
mechanically  propelled  inland  vessel,  using 
such  vessel,  without  a  valid  certificate  of 
survey  has  acted 
sub-section (1) of section 14. 

Fine  which  may  extend  to  ten  thousand 
rupees  for  the  first  offence  and  twenty-
five  thousand  rupees  for  subsequent 
offences. 
in  contravention  of                     

of 

30 

 
 
 
Section 

(1) 

18 (1) 

19 (1) 

24 (3) 

27 

28 (2) 

29 

30 

32 (1) 

34 (2) 

35 

Offence 

(2) 

Penalty 

(3) 

of 

inland 

operator 

propelled 

or  master 

any 
Owner, 
mechanically 
vessel 
proceeding  on  any  voyage  or  use  a 
mechanically propelled inland vessel required 
to  be  registered,  for  any  service,  without  a 
valid  certificate  of 
in 
contravention of sub-section (1) of section 18. 

registration  and 

Owner  or  master  who  does  not  carry  a  valid 
certificate  of  registration  or  not  making  the 
same  available  for  inspection,  has  acted  in 
contravention of sub-section (1) of section 19. 

Owner  not  displaying  the  official  number  on 
the  conspicuous  part  of  a  vessel  has  acted  in 
contravention of sub-section (3) of section 24. 

Owner, operator or any person responsible for 
the  operation  of  the  vessel,  has  acted  in 
contravention of section 27. 

operator 

or  master 

any 
Owner, 
mechanically  propelled 
inland  vessel  not 
registering  the  details  of  alterations  that  are 
mandated to be registered as specified in sub-
section (2) of section 28. 

of 

Owner  or  operator  of  any  mechanically 
propelled inland vessel, who does not comply 
with 
in 
contravention of section 29. 

requirements  or  has  acted 

the 

Fine  which  may  extend  to  ten  thousand 
rupees  for  the  first  offence  and  fifty 
thousand rupees for subsequent offences. 

Fine  which  may  extend  to  ten  thousand 
rupees for every non-compliance found. 

Fine  which  may  extend  to  ten  thousand 
rupees. 

Fine  which  may  extend  to  ten  thousand 
rupees  for  the  first  offence  and  twenty-
five  thousand  rupees  for  subsequent 
offences. 

Fine  which  may  extend  to  ten  thousand 
rupees  for  the  first  offence  and  twenty-
five  thousand  rupees  for  subsequent 
offences. 

Fine  which  may  extend  to  five  hundred 
rupees for every day of non-compliance. 

Owner  of  any  mechanically  propelled  inland 
vessel,  has  acted 
section 30. 

in  contravention  of                    

Fine  which  may  extend  to  ten  thousand 
rupees  per  day  or  imprisonment  which 
may extend to one year, or with both. 

Owner  of  any  mechanically  propelled  inland 
vessel,  has  acted  in  contravention  of  sub-
section (1) of section 32. 

Fine which may extend to five thousand 
rupees for every day of non-compliance. 

Owner  or  operator  on  whose  vessel,  persons 
under the age of eighteen years are employed, 
has  acted  in  contravention  of  sub-section  (2) 
of section 34. 

Fine which may extend to five thousand 
rupees  for every day of non-compliance 
or 
imprisonment  not  exceeding  six 
months, or with both. 

Owner  or  operator  of  any  mechanically 
propelled  inland  vessel  without  complying 
with  the  specified  minimum  manning  scale 
has acted in contravention to section 35. 

Fine  which  may  extend  to  ten  thousand 
rupees  for  the  first  offence  and  twenty-
five  thousand  rupees  for  subsequent 
offences. 

40 (1) and 
(4) 

The  holders  of  certificate  of  competency,  has 
acted in contravention to the provisions of this 
Act  or  not  surrendered 
the  suspended, 
cancelled  or  varied  certificate  issued  under 
non-submission  of  suspended  or  cancelled 
certificates. 

Fine  up to five thousand rupees per day 
or  imprisonment  extending  up  to  six 
months, or with both. 

31 

 
 
 
Section 

(1) 

44 

47 

48 

49 and 
50 (1) 

51 (2) 

52 (2) and 
(3) 

53 (4) 

Offence 

(2) 

Penalty 

(3) 

Owner  or  operator  or  any  person  responsible 
for  the  operation  of  special  category  vessel, 
which does not comply with the provisions of 
Chapter VII. 

Fine  which  may  extend  to  ten  thousand 
rupees  for every day of non-compliance 
or  imprisonment  extending  up  to  six 
months, or with both. 

operator 

any 
Owner, 
or  master 
mechanically  propelled  vessel 
registered, 
recognised or identified under this Act, for not 
equipping  the  vessels  or  exhibiting  the  lights 
and signals specified under Chapter VIII. 

of 

Fine  which  may  extend  to  ten  thousand 
rupees  for  the  first  offence  and  twenty-
five  thousand  rupees  for  subsequent 
offences. 

Owner,  operator  or  master  not  ensuring  safe 
navigation  or  causing  damage  due  to  non-
observance of regulations. 

Fine  which  may  extend  to  twenty-five 
thousand rupees. 

operator 

or  master 

Owner, 
any 
mechanically propelled vessel plying in inland 
waters  abstaining  from  proceeding  to  render 
assistance  after  answering  to  the  distress 
signal. 

of 

inland 

propelled 

The  owner,  operator  or  master  of  any 
mechanically 
vessel 
proceeding  to  conduct  any  voyage  without 
complying  with 
of 
the 
navigation  aids,  life-saving  appliances,  fire 
detection  and  extinguishing  appliances  and 
communication  appliances  as  specified  under 
sub-section (2) of section 51. 

requirements 

The  owner,  operator  or  master  of  any 
mechanically 
causing 
pollution  by  discharging  or  dumping  of 
pollutants in inland waters. 

propelled 

vessel 

The  owner,  operator  or  master  of  any 
mechanically  propelled  vessel,  who  are 
required  under  this  Act  to  possess  a  valid 
prevention  of  pollution  certificate,  plying  or 
the  said  valid 
using 
certificate. 

the  vessel  without 

Fine  which  may  extend  to  ten  thousand 
rupees. 

Fine  which  may  extend  up  to  fifty 
thousand rupees. 

Fine which may extend to fifty thousand 
rupees. 

Fine  which  may  extend  to  twenty-five 
thousand rupees. 

54 (2) and 
(5) 

The  owner  or  operator  of  any  reception 
facility  who  does  not  comply  with 
the 
standards and obligations stipulated. 

Fine which may extend to fifty thousand 
rupees. 

55 (4) 

57 

58 (2) 

The  owner  or  operator  of  the  terminal  who 
operates  without  complying  with  the  notice 
issued under sub-section (4) of section 55. 

Fine  which  may  extend  to  ten  thousand 
rupees  per  day  of  non-compliance 
beyond period of notice. 

Any  owner,  operator  or  any  person  who 
intentionally  cause  wreck  within 
inland 
waters. 

Fine amounting to fifty thousand rupees 
and  imprisonment  which  may  extend  to 
three years. 

is  guilty  of  offence 
Any  person  who 
committed by contravention of sub-section (2) 
of section 58. 

Fine  which  may  extend  to  ten  thousand 
rupees. 

32 

 
 
 
 
 
Section 

(1) 

66 

74 (2) 

79 (2) 

80 

82 

83 

97 

Offence 

(2) 

Penalty 

(3) 

Any owner or master plying any mechanically 
inland  vessel  without  a  valid 
propelled 
insurance as provided under section 66. 

Fine  which  may  extend  to  ten  thousand 
rupees  and  detention  of  the  vessel  till 
certificate of insurance is procured. 

The  owner,  operator  or  master  of  any 
mechanically  propelled 
inland  vessel  not 
complying with sub-section (2) of section 74. 

Any  person  who  holds  a  certificate  issued 
under  Chapter  VI  and  fails  to  surrender 
suspended or cancelled certificates. 

Any  person,  in  the  capacity  of  a  service 
provider  or  a  service  user,  who  acts  in 
contravention of section 80. 

Fine  which  may  extend  to  ten  thousand 
rupees. 

Fine  which  may  extend  to  ten  thousand 
rupees for every day of non-submission. 

Fine which may extend to fifty thousand 
rupees. 

Master  or  operator  of  any  foreign  vessels 
acting  in  contravention  of  sub-section  (1)  of 
section 82. 

Fine which may extend to fifty thousand 
rupees  or 
imprisonment  which  may 
extend to one year, or with both. 

Owner,  operator  or  master  of  mechanically 
propelled inland vessel, who does not comply 
with 
in 
contravention of section 83. 

requirement  of  pilotage 

the 

Any  person  employed  on  inland  vessel  for 
neglect or refusal to join or desertion of vessel 
in  violation  of  his  obligation  as  provided 
under section 97. 

Fine which may extend to fifty thousand 
imprisonment  which  may 
rupees  or 
extend to three years, or with both. 

Forfeiture  of  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,  from  his  wages  and  also  to 
imprisonment  which  may  extend  to  two 
months. 

102 

found  guilty  of 

Any  person 
causing 
obstruction  or  has  acted  in  contravention  of 
section 102. 

Fine which may extend to fifty thousand 
imprisonment  which  may 
rupees  or 
extend to three years, or with both. 

(3) Any person who acts in contravention of the provisions of this Act or the rules made thereunder, 
but  for  which  an  offence  is  not  specifically  provided  in  this  Act,  shall  be  punishable  with  fine  not 
exceeding three lakh rupees or with imprisonment up to a term which may extend to three years, or with 
both. 

(4) Where the owner or master of any mechanically propelled inland vessel is convicted of an offence 
under  this  Act  or  any  rule  made  thereunder,  committed  on  board,  or  in  relation  to  that  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  the  mechanically  propelled  vessel,  or  its 
appurtenance so much thereof as is necessary. 

(5) Where an inland vessel has been used in contravention of the provisions of this Act or the rules 
made thereunder, the details of the offence, the offender and the vessel shall be recorded in such form and 
manner, as may be specified by the Central Government by notification. 

33 

 
 
 
(6) The State Government shall appoint courts not inferior to that of a Magistrate of the first class, for 
the purpose of conducting trial of any person who is charged of any offence as provided under this Act or 
the rules made thereunder. 

88.  Offences  by  company,  limited  liability  partnership  firm  or  any  such  arrangement.—(1) 
Where an offence under this Act has been committed by a company or a limited liability partnership firm 
or any such arrangement, every person who, at the time the offence was committed was in-charge of, and 
was responsible to the company or the limited liability partnership firm or any such arrangement, for the 
conduct  of  the  business,  and  the  company  or  the  limited  liability  partnership  firm  or  any  such 
arrangement, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and 
punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, 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 this Act has been 
committed by a company or a limited liability partnership firm or any such arrangement and it is proved 
that the offence has been committed with the consent or connivance of, or is attributable to any neglect on 
the  part  of,  any  director,  manager,  secretary  or  partner  or  other  officer  of  the  company  or  the  limited 
liability partnership firm or any such arrangement, as the case may be, such director, manager, secretary 
or partner or other officer, as the case may be; shall also be deemed to be guilty of that offence and shall 
be liable to be proceeded against and punished accordingly. 

89.  Fees,  additional  fee,  payment  and  collection.—(1)  Unless  otherwise  specified,  the  State 
Government shall collect, the fees and additional fees for the services provided under this Act and any 
other charges or payment made to it against payments towards penalties, at such rates and intervals, as 
may be prescribed by the State Government. 

(2) The State Government shall appoint or authorise such officers, or constitute such offices within its 
jurisdictions,  by  notification,  to  act  as  single  point  collection  offices  within  the  districts  or  ports, 
considering proximity and convenience of remittance. 

(3) The procedures, forms and format of receipts, maintenance of accounts and any other matter that 
is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, 
additional  fees,  charges  or  payment  against  penalties  of  pecuniary  nature  shall  be  such  as  may  be 
prescribed by the State Government. 

(4) The owner, operators or their representatives, as the case may be, shall remit the fees or additional 

fees in such manner and at such rates as may be prescribed by the State Government. 

(5) All fees payable under this Act may be recovered as fine under this Act. 

90. Cognizance of offence.— No court shall take cognizance of any offence under this Act, except 
on  a  complaint  in  writing  made  by  the  Central  Government  or  any  officer  authorised  by  the  State 
Government, as the case may be, for this purpose. 

CHAPTER XVII 

NON-MECHANICALLY PROPELLED INLAND VESSEL  

91. Local self-governance.— (1) The State Government may authorise any of its department (herein 
in this Chapter referred to as the authorised department) to administer and implement the provisions of 
this Chapter. 

(2)  The  office  of  the  authorised  department  shall  be  located  at  such  places  which  are  accessible  to 

owners, operators of non-mechanically propelled inland vessel and service users of such vessels. 

(3) The offices of the authorised department shall in the order of hierarchy of power, be at district, 
taluk  and  panchayat  or  village  level,  or  any  other  hierarchy  as  may  be  prescribed  by  the  State 
Government,  and  shall  exercise  the  powers  and  functions  as  may  be  prescribed  by  that  Government, 
which shall include the powers and functions to— 

34 

 
(a) enrol the non-mechanically propelled inland vessel under this Chapter; 

(b) collate data with regard to the non-mechanically propelled inland vessel enrolled under this 

Act and report it to the higher authority in the hierarchy of power; 

(c) administer the welfare fund constituted under this Chapter in accordance with such authority 

and obligation; 

(d) advise and conduct awareness programmes for assisting the owners, operators or service users 

of non-mechanically propelled inland vessel enrolled under this Act; and 

(e) perform such other functions as may be assigned under this Act or the rules made thereunder. 

92.  Obligation  to  enroll.—(1)  The  owner  or  operator  may  enrol,  by  submitting  the  details  of  the 
ownership of non-mechanically propelled inland vessel, undertaking that the vessel is put into motion by 
solely employing human labour and such other details as may be prescribed by the State Government, at 
the office of the authorised department, which is located nearest to the place of residence of the owner or 
area  of  plying  of  the  non-mechanically  propelled  inland  vessel,  in  such  form  and  manner  as  may  be 
prescribed by the State Government. 

(2)  The  form  prescribed  by  the  State  Government  under  sub-section  (1)  shall  be  published  in  the 

respective vernacular language, apart from Hindi or English, as the case may be. 

(3) For the purposes of identification and categorisation of non-mechanically propelled inland vessels, 
to be enrolled in accordance with the provisions of sub-section (1), the State Government shall publish 
such  criteria  for  categorisation  which  may  include  the  size,  purpose  of  employment,  age,  construction, 
design or such other criteria of the vessels. 

(4)  The  enrolment  of  non-mechanically  propelled  inland  vessels  shall  be  a  prerequisite  for  such 

vessels to be entitled for the benefits and preferential treatment accorded under this Chapter. 

(5) The details of the enrolled vessels shall be recorded in the registry of enrolment and be reported 
by the offices of lowest order in the hierarchy of power to the highest hierarchy and the collated list of 
enrolled  vessels  shall  be  maintained  by  the  office  of  District  Magistrate  or  such  officer  appointed  or 
authorised under this Chapter, for the said purpose. 

(6)  The  State  Government  shall  maintain  a  central  data  base  to  record  the  details  of  the  non-
mechanically propelled inland vessel enrolled within the respective jurisdiction, in such form and manner 
as may be prescribed by it. 

(7) The lowest ranking officer of the office of the authorised department shall report of any change to 
the  registry  of  enrolment  maintained  by  him  and  bring  to  the  notice  of  the  authority  higher  in  the 
hierarchical order, and the changes shall be brought out accordingly, in every such register maintained by 
the  respective  authorities  including  the  central  data  base  maintained  by  the  Principal  Secretary  or 
Secretary of the State Government. 

93. Certificate of enrolment and marking of vessel.— (1) The officer of the authorised department 
appointed or authorised to maintain the registry under this Chapter, shall issue a certificate of enrolment 
to the non-mechanically propelled inland vessels that have enrolled in the registry of enrolment. 

(2) The certificate of enrolment shall be issued, in such form and manner as may be prescribed by the 

respective State Government, and details to be specified in such certificate shall include— 

(a) name, permanent address as given in the Unique Identification Document issued by Unique 
Identification  Authority  of  India,  electoral  identification  document  or  such  other  document  of  the 
owner, as may be prescribed by the State Government; 

(b) details such as year of construction, laying of keel or such other information; 

(c) details of design, if identified or categorised under this Chapter; 

(d) details of officer issuing or granting the certificate; and 

(e) number given to the vessels enrolled by the issuing authority. 

35 

 
(3) The authorised department in every State shall issue a number to the non-mechanically propelled 
inland  vessel  enrolled  within  the  respective  jurisdiction,  which  shall  be  unique  for  the  purpose  of 
identification of enrolment with the authorised department of the respective State. 

(4) The number so issued under sub-section (3) shall be exhibited on a conspicuous part of the non-
mechanically  propelled  inland  vessel  in  such  form  and  manner  as  may  be  prescribed  by  the  respective 
State Government. 

94.  Standards  of  construction  and  safety.—(1)  The  basic  minimum  standards  that  may  be 
reasonably  observed  during  the  construction  of  any  non-mechanically  propelled  inland  vessel,  shall  be 
such as may be prescribed by the State Government. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  State  Government  shall  specify,  the 
standards of construction, which any class or category of non-mechanically propelled inland vessel shall 
comply with, in such manner as may be prescribed by it: 

Provided  that  the  standards  prescribed  by  the  State  Government  shall  be  in  harmony  with  the 
traditional knowledge and practices passed on as customary or ancestral means that are applied by skilled 
and  talented  persons  involved  in  the  designing  and  construction  of  non-mechanically  propelled  inland 
vessel. 

(3) The State Government may specify the minimum  safety gears and equipment by notification in 
the Official Gazette with which the non-mechanically propelled inland vessel shall be equipped with for 
the purpose of ensuring safety of such vessels. 

(4) The State Government may provide for standards of overhauling, modifying, altering or refitting 

the non-mechanically propelled inland vessel for the purpose of ensuring safe navigation. 

(5)  The  non-mechanically  propelled  inland  vessels  enrolled  under  this  Act,  shall  comply  with  the 

safety standards as stipulated under this Chapter or the rules made in this regard. 

(6)  For  the  purposes  of  ensuring  safe  navigation  of  non-mechanically  propelled  inland  vessels,  the 
State  Government  may,  by  notification,  specify  the  routes,  areas  or  stretch  of  inland  waters  that  are 
prohibited  from  being  used  or  subject  to  such  terms  and  conditions,  for  the  navigation  of  non-
mechanically propelled inland vessel. 

95.  Power  of  State  Government  to  make  rules  to  regulate  non-mechanically  propelled  inland                   

vessels.— (1) The State Government may, by rules made in this behalf, specify the measures to regulate 
non-mechanically propelled inland vessels. 

(2)  For  the  purposes  of  sub-section  (1),  the  State  Government  may  make  rules  for  the  following, 

namely:— 

(a)  for  prevention  and  minimising  pollution  caused  by  the  non-mechanically  propelled  inland 

vessels; 

(b) for removal of obstructions to safe navigation; 

(c) measures that may be adopted to avert accidents and casualty; and 

(d) any other measure which the State Government may deem fit in implementing the provisions 

of this Chapter. 

96. Constitution of welfare fund.— (1) Every State Government shall, by notification, constitute a 
welfare fund at district level, for allocation of such fund to assist the non-mechanically propelled inland 
vessels enrolled under this Chapter. 

(2) Any officer appointed or authorised under this Chapter to be in-charge of the fund for the non-
mechanically propelled inland vessel shall, with the previous approval in writing of the respective State 
Government or such other authority appointed for the said purpose, utilise the fund to— 

(a)  create  awareness  and  conduct  knowledge  dissemination  sessions  for  educating  the  owner, 

operator and service user on improvements required for safe navigation; 

36 

 
(b) provide equipment and devices of safety and navigation at a subsidised rate; 

(c) provide support or relief during casualties, accidents or such emergencies; and 

(d) for such other purposes as it may deem fit. 

CHAPTER XVIII 

MISCELLANEOUS  

97.  Desertion  and  absence  without  leave.—  No  person  employed  or  engaged  in  any  capacity  on 

board a mechanically propelled vessel shall— 

(a)  neglect  or  refuse,  without  reasonable  cause,  to  join  his  mechanically  propelled  vessel  or  to 

proceed on any voyage in his vessel; 

(b)  cause  to  be  absent  from  his  vessel  or  from  his  duty  at  any  time  without  leave  and  without 

sufficient cause; 

(c) desert from his mechanically propelled vessel; 

(d) fail to act or behave with discipline befitting his duty and mandate. 

98.  General  powers  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may 

make rules for— 

(a)  implementation  of  standards  for  the  use  of  special  category  of  vessels  within  inland 

waterways; 

(b) providing the requirements and standards of— 

(i) river information services; 

(ii) vessel traffic and transport management, safety and information services; 

(iii) vessel tracing and tracking information; 

(iv) to tackle calamities and furtherance of emergency preparedness; 

(v)  to  quarantine  the  vessels  and  to  adopt  such  other  measures  to  effectively  control  any 

epidemic or disease of contagious nature; 

(c) enforcing standards to avoid and tackle pollution arising in inland waterways; 

(d) exemption, inclusion or extension of the application of any or all the provisions of this Act to 

any vessel registered, recognised or identified and intended to ply, or plying in the inland waters; 

(e) any other matter as it may deem fit and necessary in the proper implementation of this Act for 
the purposes of ensuring safe navigation, safety of life and prevention of pollution caused by inland 
vessel. 

(2) For the purposes of administration of the notifications mentioned in sub-section (1), the Central 
Government  or  the  State  Government,  as  the  case  may  be,  shall  authorise  or  appoint  officers  by 
notification. 

99. Emergency preparedness.— (1) Every State Government may, appoint or authorise the advisory 
committee  or  officers,  by  notification,  to  take  adequate  measures,  as  may  be  prescribed  by  the  State 
Government, to minimise or counter emergency. 

(2)  The  owner,  operator,  master,  crew  or  any  other  person  connected  with  inland  vessel  plying  in 
inland waters shall upon finding or apprehending a situation of crisis, which could adversely affect or is 
adversely affecting the safety of navigation, safety of human life or preservation of inland waters, inform 
or report the advisory committee or such other officers, appointed under sub-section (1) having respective 
jurisdiction or jurisdictions over such crisis that is found or is anticipated to affect adversely. 

(3)  The  advisory  committee  or  officers,  who  are  appointed  or  authorised  under  sub-section  (1),  on 
receipt  of  information  under  sub-section  (2),  or  as  directed  by  the  Central  Government  or  the  State 

37 

 
Government or on their own initiative, may record the crisis as emergency and, shall adopt such measures 
as  prescribed  under  sub-section  (1),  and  such  other  measures  which  are  feasible  and  in  best  of  the 
judgment necessary to minimise or counter such emergency. 

(4) The advisory committee or officers, appointed or authorised under sub-section (1) may request the 
navy,  coast  guard,  any  other  emergency  force,  or  any  inland  vessel  available  for  such  assistance  as 
necessary. 

(5) No mechanically propelled inland vessel directed or acting voluntarily in rendering assistance as 

mentioned in sub-section (4) shall be bound by the provisions of this Act or the rules made thereunder. 

(6)  Any  mechanically  propelled  inland  vessel  acting  voluntarily,  for  the  purpose  of  saving  life  or 
vessel  or  providing  basic  amenities,  shall  report  to  the  advisory  committee  or  officers  appointed  or 
authorised under sub-section (1) regarding the presence and reasons for the acts in writing, at the earliest 
possible. 

(7) The advisory committee or officers appointed or authorised under sub-section (1) shall disburse 
all basic amenities necessary and essential as it may deem fit, to the persons or vessels affected by such 
emergency. 

(8) The advisory committee or officers appointed or authorised under sub-section (1) shall report to 
the Central Government or the State Government, the complete description of the events, consequences 
and such measures adopted under sub-section (3) and the effectiveness of such measures in countering the 
emergency. 

100. Removal of lawful obstruction.— (1) If any obstruction or impediment to the navigation of any 
inland  water  has  been  lawfully  made  or  has  become  lawful  by  reason  of  the  long  continuance  of  such 
obstruction or impediment or otherwise, the authorised officer shall report the same for the information of 
the State Government and shall, with the sanction of the State Government, cause the same to be removed 
or altered, making reasonable compensation to the person suffering damage by such removal or alteration. 

(2) Any dispute arising out of or concerning such compensation shall be determined according to the 
provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 
Resettlement Act, 2013 (30 of 2013). 

101. Validity of certificates issued under laws other than this Act.— (1) Every certificate issued in 
respect of any person or vessel, under any other enactment in force in India, by the Central Government, 
shall be valid and effective as a certificate issued under this Act and the relevant provisions of this Act 
shall apply in relation to such persons or vessel as they apply to, any person who has been issued with a 
certificate under  Chapter  VI  or  any  mechanically  propelled  inland  vessel  registered,  recognised  or 
identified under this Act. 

(2)  Notwithstanding  anything  contained  herein,  the  State  Government  may  impose  additional 

conditions  and  requirements  for  the  purpose  of  recognition  of  certificates  as  provided  under                           
sub-section (1). 

102. Obstruction to officer appointed or authorised.— No person shall wilfully cause obstruction 
or  attempt  to  obstruct  any  authority  or  officer  appointed  under  this  Act  in  exercise  of  the  respective 
functions and powers conferred upon such authority or officer, or in the discharge of any duty imposed by 
or under this Act; by abstinence, failure to facilitate inspection, or restraining or physically objecting the 
entry or movement or non-production of books or records as and when demanded by such authority or 
authorised officers. 

103.  Place  of  trial.—  Whoever  contravenes  any  of  the  provisions  of  this  Act  or  the  rules  made 
thereunder,  shall  be  triable  for  the  offence  in  any  place  where  he  may  be  found  or  at  the  place  of 
occurrence or at the place in the State where the offence has been committed or a place which the Central 
Government or the State Government, as the case may be, by notification, specify in this behalf, or any 
other place in which he might be tried under any other enactment for the time being in force. 

104.  Composition  of  offences.—  (1)  Notwithstanding  anything  contained  in  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974), any offence punishable under this Act, not being an offence punishable with 

38 

 
imprisonment  only,  or  with  imprisonment  and  also  with  fine,  may,  on  an  application  of  the  accused 
person, either before or after the institution of any prosecution, be compounded by competent authority or 
in  the  event  of  the  matter  being  referred  to  the  court  of  competent  jurisdiction,  such  offence  may  be 
compounded by the competent authority with the permission of such court. 

(2) The competent authority referred to in sub-section (1) shall exercise the powers to compound an 

offence, subject to the direction, control and supervision of the appropriate Government. 

(3)  Every  application  for  the  compounding  of  an  offence  shall  be  made  in  such  manner  as  may  be 

prescribed. 

(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall 
be  instituted  in  relation  to  such  offence,  against  the  offender  in  relation  to  whom  the  offence  is  so 
compounded. 

(5)  Where  the  composition  of  any  offence  is  made  after  the  institution  of  any  prosecution,  such 
composition shall be brought by the competent authority referred to in sub-section (1) in writing, to the 
notice  of  the  court  in  which  the  prosecution  is  pending  and  on  such  notice  of  the  composition  of  the 
offence being given, the person against whom the offence is so compounded shall be discharged. 

(6) Any person who fails to comply with an order made by the competent authority referred to in sub-
section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for 
the offence, in addition to such fine. 

(7) No offence punishable under the provisions of this Act shall be compounded except under and in 

accordance with the provisions of this section. 

105. Appeal.— (1) Unless otherwise provided in this Act, any person aggrieved by an order made by 
the officers or authorities under this Act, may appeal to the State Government against refusal, suspension, 
cancellation,  detention,  removal  or  such  other  order,  issued  under  this  Act,  within  thirty  days  from  the 
date of receipt of such order. 

(2) The State Government shall cause notice of every such appeal to be given to concerned officers or 
authorities whose order is made the subject matter of the appeal, and after giving an opportunity to the 
appellant; shall pass appropriate order by recording reasons thereof, which shall be final. 

106.  Power  of  Central  Government  to  make  rules.—(1)  For  the  purposes  of  effective 
implementation  of the  provisions  of  this  Act,  the  Central  Government  shall,  subject to the  condition  of 
previous publication, make rules for carrying out the provisions of this Act. 

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

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

(a) the centralised record to be maintained in e-portal, for recording the data and details of vessel, 
vessel  registration, crew, manning,  certificates  issued,  reception  facilities  and such  other  data  to  be 
recorded under clause (f) of section 3; 

(b) the requirements for compliance to be specified in a cover note for the purpose of issuance of 

certificate of insurance under clause (g) of section 3; 

(c) the procedure to be laid down and rates to be specified so as to calculate the rate of extent of 
liability within which the owner or such other persons entitled under this Act, may limit the liability 
or be permitted to limit or cap the liability arising out of claims under clause (t) of section 3; 

(d) the standard and number of persons required for safe manning and navigation of vessels under 

clause (z) of section 3; 

(e) the classification, criteria for such classification and standards of design, construction, fitness 
and  crew  accommodation  to  classify  or  categorise  any  mechanically  propelled  inland  vessel  under 
sub-section (1) of section 7; 

39 

 
(f)  the  manner  of  carrying  out  construction  and  any  alteration  or  modification  of  mechanically 

propelled  inland  vessels  with  the  prior  approval  of  design  from  the  designated  authority  under                  
section 8; 

(g) the standards for type and periodicity of surveys for all mechanically propelled inland vessels, 
which are newly constructed and already in service under sub-section (1) and the form and content of 
request for survey to be submitted by the applicant under sub-section (2) of section 9; 

(h)  the  minimum  criteria  and  qualifications  for  the  appointment  of  surveyors,  which  the  State 

Governments shall adopt in the appointment of surveyors under section 10; 

(i)  the  form  of  application  for  conducting  survey  to  be  submitted  by  owners,  masters  or 

construction yard under sub-section (1) of section 11; 

(j) the form and contents of the declaration of survey of a mechanically propelled inland vessel 

and the time period for which such certificate shall be valid, under sub-section (1) of section 12; 

(k) the form of the certificate of survey including any particulars or terms and conditions under                 

sub-section (3) of section 12; 

(l)  the  form  of  provisional  certificate  of  survey  and  the  period  of  validity  provided  under                  

sub-section (1) of section 13; 

(m)  the  terms  and  conditions  to  be  complied  with  for  permitting  any  mechanically  propelled 
vessels registered under such laws of countries other than India; which shall only be permitted to ply 
within the inland waters under clause (c) of sub-section (2) of section 18; 

(n) the form, contents or particulars of the book of registry as provided under sub-section (1) of 

section 21; 

(o) the form and manner for maintenance of central data base for inland vessels by the officers 

appointed by the Central Government under section 22; 

(p)  the  functions  to  be  performed  by  the  officers  appointed  by  the  Central  Government  under 

section 22; 

(q) the form and manner of making application for registration of a mechanically propelled inland 
vessel and the particulars along with which such application is to be made under sub-section (1) of 
section 23; 

(r)  the  list  of  documents  to  be  submitted  or  adduced  by  the  applicants  for  registration  under              

sub-section (2) of section 23; 

(s) the form and content of certificate of registration under sub-section (2) of section 24; 

(t) the form of application, fee and the manner of issuance of provisional certificate of registration 

under sub-section (2) of section 27; 

(u) the procedures to be complied with by the owner of any mechanically propelled inland vessel 
who  ceases  to  be  the  owner  or  applies  for  the  requirement  of  transfer  of  registry  or  any  such 
circumstances leading to change of the registered address under sub-section (2) of section 29; 

(v) the procedures for validating the transfer of mechanically propelled inland vessel from India 

to outside India under section 30; 

(w) the time within which the owner of the mechanically propelled inland vessel shall report to 
the Registrar of Inland Vessels of the place where such vessel is registered, if that vessel is declared 
missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or destined for 
scrapping or dismantling or sold abroad; 

(x)  the  form  of  instrument  creating  the  security  for  a  mortgage  for  a  loan  or  other  valuable 

consideration under sub-section (1) of section 33; 

(y)  the  manner  and  conditions  governing  mortgage  and  its  procedures  under  sub-section  (2)  of 

section 33; 

40 

 
(z)  the  standards  for  qualification,  training,  training  institute,  examination  and  grant  of 

competency certificates under sub-section (1) of section 34; 

(za)  the  minimum  manning  scale  applicable  to  different  class  or  category  of  mechanically 
propelled inland vessels, categorised under this Act or such other laws for the time being in force in 
India, under section 35; 

(zb)  the  criteria  and  qualifications  for  appointment  of  examiners  under  sub-section  (1)  of                 

section 36; 

(zc) 

the  form,  contents  and  particulars  of  certificate  of  competency  specified  under                            

sub-section (3) of section 37; 

(zd) the period of validity of certificate of service issued under sub-section (1) of section 38; 

(ze) the form of certificate of service and the conditions subject to which such certificate is issued 

under sub-section (4) of section 38; 

(zf) the conditions subject to which the certificate of competency shall be valid throughout India 

under section 39; 

(zg) the intervals and manner in which the State Government shall report and update the Central 
Government  with  the  information  on  data  and  details  of  certificates  issued,  granted,  cancelled  or 
suspended  or  such  other  remarks,  made  by  the  respective  authority  under  sub-section  (2)  of                 
section 41; 

(zh) the criteria and standards to identify any class or category of mechanically propelled inland 
vessels as special category vessels based on their design, construction, use, purpose, area of plying, 
source of energy or fuelling or any other criteria under sub-section (1) of section 42; 

(zi)  the  requirements  of  construction,  design,  survey,  registration,  manning,  qualification, 

competency,  or  the  requirements  in  addition  to  those  contained  elsewhere  in  this  Act  under                      
sub-section (2) of section 42; 

(zj)  the  specifications  and  requirements  of  signals  and  equipment  based  on  classification  and 

categorisation  of  mechanically  propelled  vessels,  to  be  complied  with  by  such  vessels  under                   
sub-section (1) of section 47; 

(zk)  the  fog  and  distress  signals  to  be  carried  and  used,  the  steering  and  sailing  rules  to  be 
complied with and the different protocols for exhibition and display of different standards of lights, 
shapes  and  signals,  by  any  mechanically  propelled  vessel  plying  in  inland  waters  under                   
sub-section (2) of section 47; 

(zl) the class or category of mechanically propelled inland vessels to be equipped with navigation 
aids,  life  saving  appliances,  fire  detection  and  extinguishing  appliances  and  communication 
appliances under sub-section (1) of section 51; 

(zm) the standards to be followed by the owner or master of any mechanically propelled inland 
vessel  and  the  manner  for  discharge  or  dispose  of  sewage  and  garbage  under  sub-section  (2)  of 
section 52; 

(zn) the standards of construction and equipment of the mechanically propelled inland vessels to 
ensure  compliance  with  the  requirements  of  the  provisions  of  Chapter  IX  under  sub-section  (1)  of 
section 53; 

(zo) the form, validity and content of prevention of pollution certificate under sub-section (3) of 

section 53; 

(zp)  the  conditions  for  construction,  use  and  maintenance  of  reception  facilities  for  the 
containment  of  pollution  and  removal  of  pollutants  arising  from  spillage  or  discharge  arising  from 
mechanically  propelled  inland  vessels  at  all  cargo  terminals  or  passenger  terminals  under                    
sub-section (1) of section 54; 

(zq) the purposes for Chapter X as specified in clauses (a) to (g) of section 59; 

41 

 
(zr) the limits of liability and the criteria in determining compensation for any claim specified in 

sub-section (5) of section 64; 

(zs) the form, content, and the conditions subject to which a certificate of insurance is issued by 

the insurer to the insured under clause (c) of sub-section (1) of section 68; 

(zt)  the  terms  and  conditions  to  be  incorporated  in  the  contract  of  insurance  entered  between 

insurer and insured to cover the risks, as provided in section 66, under sub-section (2) of section 68; 

(zu) the terms, conditions and procedures to be complied with by insurers and insured including 

those specified in clauses (a) to (h) therein, under section 73; 

(zv)  minimum  standards,  terms  and  conditions  to  protect  the  interests  and  to  ensure  safety  of 

service providers and service users under section 80; 

(zw) the conditions for carrying the list of dangerous goods under section 81; 

(zx) the terms and conditions subject to which permission of the Central Government is granted 
for  use  or  employment  of  a  vessel,  registered  in  any  country  other  than  India,  for  the  purposes  of, 
carriage  of  goods,  transportation  of  passengers,  storage  units,  accommodation,  floating  units  or  for 
such other purposes within the inland waters under sub-section (1) of section 82; 

(zy) the fees for grant of a certificate or licence under this Act similar to any certificate granted by 
any other foreign country in accordance with the provisions of any law for the time being in force in 
that country under sub-section (2) of section 82; 

(zz) the period and extent of validity of certificate granted under sub-section (2) of section 82, as 

specified in sub-section (3) of the said section; 

(zza) any other matter which is required to be, or may be, prescribed under the provisions of this 

Act for the purpose of implementation and administration of such provisions. 

107. Power of State Government to make rules.— (1) The State Government may, after previous 
publication, make rules for the provisions specified to be administered by it under this Act or as delegated 
to it by the Central Government for the purposes of effective implementation of the provisions of this Act. 

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

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

(a)  the  requirements  for  the  appointment  of  qualified  persons  as  pilots  under  clause  (zk)  of       

section 3; 

(b) the fee for issuance of certificate of survey under sub-section (2) of section 12; 

(c) the manner and conditions subject to which any mechanically propelled inland vessel, which 
has been issued with a provisional certificate of survey or endorsement may proceed on voyage or use 
in service, temporarily, pending the issue of certificate of survey under sub-section (2) of section 13; 

(d) the manner of issue the notice of suspension of certificate of survey to the owner, operator, 

master, or construction yard under sub-section (2) of section 15; 

(e) the functions to be performed by the Registrar of Inland Vessels in respect to the port or place 

of registry for which he is appointed under sub-section (2) of section 20; 

(f) the manner and period in which the Registrar of Inland Vessels shall report the details of the 

book  of  registry  or  entries  made  therein,  to  the  State  Government  at  regular  intervals,  under            
sub-section (2) of section 21; 

(g)  the  fee  for  granting  the  certificate  of  registration  to  the  applicant  under  sub-section  (1)  of 

section 24; 

(h)  other  particulars  to  be  contained  in  the  certificate  of  registration  under  clause  (e)  of             

sub-section (2) of section 24; 

42 

 
(i)  the  conspicuous  part  of  the  vessel  where  the  owner  shall  display  the  official  number  under      

sub-section (3) of section 24; 

(j) the form and manner in which the registered owner shall apply for a duplicate certificate to the 

Registrar of Inland Vessels under sub-section (1) of section 26; 

(k)  the  fees  or  additional  fees  for  applying  for  a  duplicate  certificate  to  the  Registrar  of  Inland 

Vessels under sub-section (2) of section 26; 

(l) the form, manner and period within which the owner, operator or master of the mechanically 
propelled inland vessel shall make an application, for entry of alterations or modifications made, in 
the certificate of registration, under sub-section (1) of section 28; 

(m)  the  fee  for  applying  to  the  Registrar  of  Inland  Vessels  for  registration  of  alterations  under 

sub-section (2) of section 28; 

(n)  the  conditions  to  be  complied  with  and  the  period  for  such  compliance  to  be  stated  in  the 

notice of suspension issued by the Registrar of Inland Vessels under sub-section (4) of section 31; 

(o)  the  form  and  manner  for  maintenance  of  registers  to  record,  the  details  and  data  of  the 

certificate, and the certificates specified therein, under sub-section (1) of section 41; 

(p)  the  form  of  application,  form  of  certificate  of  fitness  and  such  other  conditions  including 
validity, subject to which and the manner of granting the certificate of fitness under sub-section (2) of 
section 43; 

(q)  the  safety  features,  gears  and  such  other  measures  by  which  any  mechanically  propelled 
inland vessel, identified as special category vessel, shall comply with and be equipped in accordance 
with the categorisation of such vessel, under sub-section (1) of section 44; 

(r)  the  maximum  carrying  capacity  of  the  vessel  identified  as  special  category  vessel  by 
specifying  the  safety  waterline  or  the  limits  of  load  water  line  to  keep  them  afloat,  or  such  other 
criteria and conditions, for the safe voyage of such inland vessel under sub-section (2) of section 44; 

(s) the rates of charges to be received by the owner or operator of all cargo terminals or passenger 

terminals, providing reception facilities shall receive charges under sub-section (3) of section 54; 

(t) the form of report of compliance to be submitted by the owner or operator of the passenger or 

cargo terminal under sub-section (5) of section 54; 

(u) the manner in which the owner, operator or master of any mechanically propelled vessel used 

or  plying  within  inland  waters,  shall  discharge  the  pollutants  at  the  port  reception  facilities  under              
sub-section (6) of section 54; 

(v)  the  procedure  for  detaining  any  mechanically  propelled  inland  vessel  in  connection  with  a 

claim, or an offence under section 63; 

(w)  the form  and  manner  of  giving  information  of  any  wreck,  abandonment,  damage,  casualty, 
accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the 
officer  in-charge  of  the  nearest  police  station  and  to  the  designated  authority  appointed  under                    
sub-section (2) of section 74; 

(x)  the  powers  of  the  District  Magistrate  and  the  procedures  to  be  followed  in  holding  inquiry 

under sub-section (3) of section 75; 

(y)  the  qualifications,  criteria  and  consideration,  fees  or  charges  for  the  assessors,  who  have 
experience in the merchant service or in the navigation of the mechanically propelled inland vessels 
under sub-section (2) of section 76; 

(z) the procedures for detention, formality, fees and conditions, if not specified in this Act, to be 
followed  and  observed  by  the  concerned  officer  or  authority  or  court,  appointed  or  authorised  or 
constituted under this Act, for the purpose of detaining a vessel, under sub-section (4) of section 85; 

43 

 
(za) the rates of fees and additional fees to be charged for the services provided under this Act, 
and any other charges or payment made to it against penalties of pecuniary nature to be collected by 
the  State  Government,  and  the  intervals at  which  such  fees, charges  or  penalties  shall  be  collected, 
under sub-section (1) of section 89; 

(zb) the procedures, forms and format of receipts, maintenance of accounts and any other matter 
that is necessary for the purpose of the remittance, collection, accounts and accountability of collected 
fees, additional fees, charges or payment against penalties of pecuniary nature under sub-section (3) 
of section 89; 

(zc) the manner and rates of fees or additional fees, the owner, operators or their representatives, 

as the case may be, shall remit under sub-section (4) of section 89; 

(zd) the hierarchy of the offices of the authorised department and the powers and functions to be 

exercised by such offices under sub-section (3) of section 91; 

(ze)  the  authority  and  obligation  to  administer  the  welfare  fund  constituted  for  the  purposes  of 

Chapter XVII under clause (c) of sub-section (3) of section 91; 

(zf)  such  other  details  to  be  submitted  by  the  owner  or  operator  of  non-mechanically  propelled 
inland  vessel  at  the  office  of  the  authorised  department  and  the  form  and  manner  of  making  such 
submission, under sub-section (1) of section 92; 

(zg) the form and manner of central data base to record the details of non-mechanically propelled 

inland vessels under sub-section (6) of section 92; 

(zh)  the  form  and  manner  of  issuance  of  certificate  of  enrolment  and  such  other  document 
containing details of the owner, to be specified in the said certificate, under sub-section (2) of section 
93; 

(zi) the form and manner of exhibiting a number issued to a non-mechanically propelled inland 

vessel under sub-section (4) of section 93; 

(zj) the basic minimum standards that may be reasonably observed during the construction of any 

non-mechanically propelled inland vessel under sub-section (1) of section 94; 

(zk)  the  manner  of  complying  with  the  standards  of  construction  specified  by  the  State 
Government, by any class or category of non-mechanically propelled inland vessel under sub-section 
(2) of section 94; 

(zl) the measures to regulate the non-mechanically propelled inland vessel under section 95; 

(zm) the measures to be taken by the advisory committee or officers authorised in this behalf to 

minimise or counter emergency under sub-section (1) of section 99; 

(zn)  for  the  purposes  of  implementation  and  administration  of  Chapter  XVII  of  this  Act, 

pertaining to non-mechanically propelled inland vessels; 

(zo)  any  other  matter  which  is  required  to  be,  or  may  be,  prescribed  under  the  provisions  of                  

this Act. 

108.  Power  of  Central  Government  to  give  directions.—  The  Central  Government  may,  for 
carrying  into  execution  of  this  Act  in  the  State,  give  directions  to  the  State  Government,  and  the  State 
Government shall abide by such directions. 

109. Protection of action taken in good faith.— (1) No suit, prosecution or other legal proceeding 
shall lie against any person or officer appointed or authorised under this Act, in respect of anything done 
or intended to be done in good faith under this Act. 

(2) For the purpose of claiming immunity under sub-section (1), the officers appointed or authorised 
under this Act, shall perform and carry out the respective functions and responsibilities, with utmost care 
and due diligence. 

44 

 
110. 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  it  to  be  necessary  for  removing  the 
difficulty: 

Provided  that  no  such  order  shall  be  made  under  this  section  after  the  expiry  of  a  period  of  three 

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. 

111. Consistency with other laws.— (1) The provisions of this Act shall be in addition to, and not be 
construed in derogation of the provisions of any other law, and shall be construed as consistent with such 
law, for the time being in force. 

(2) In the event of any conflict between a provision of this Act and a provision of any other law for 
the time  being  in force  in the  whole  of  India  or  restricted  to  the  application  within  the  territory  of any 
State, the provision of this Act shall prevail to the extent of such conflict. 

112. Suspension or alteration of application and operation of Act.— (1) The Central Government 
may,  by  notification,  declare  that  all  or  any  of  the  provisions,  under  this  Act  or  the  rules  made 
thereunder— 

(a)  other  than that  provided  for safety,  manning  and prevention  of  pollution,  shall not apply  to 

any specified class or category of the mechanically propelled inland vessels; or 

(b)  shall  apply  to  any  specified  class  or  category  of  the  mechanically  propelled  inland  vessels 

with such modifications, as may be specified in the notification. 

(2) Notwithstanding anything contained in this section, the Central Government may, by notification, 
suspend or relax to a specified extent, either indefinitely or for such period as may be specified in that 
notification, the operation of all or any of the provisions of this Act. 

113. Laying of rules and notifications.— (1) Every rule made or notification issued under this Act, 
by the Central Government shall be laid, as soon as may be after it is made or issued, 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 
notification, or both Houses agree that the rule or notification should not be made, the rule or notification 
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 notification. 

(2) Every rule made or notification issued under this Act by the State Government shall, as soon as 

after it is made or issued, be laid before the State Legislature. 

114. Repeal and savings.— (1) The Inland Vessels Act, 1917 (1 of 1917) is hereby repealed. 

(2) Notwithstanding the repeal of the enactment referred to in sub-section (1),— 

(a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under 
the enactment hereby repealed shall, if it is not inconsistent with the provisions of this Act, continue 
to be in force unless and until revoked, and shall have effect as if it had been issued, made or granted 
under the corresponding provision of this Act; 

(b)  any  officer  appointed  and  anybody  elected  or  constituted  under  any  enactment  hereby 
repealed  shall  continue  and  shall  be  deemed  to  have  been  appointed,  elected  or  constituted  unless 
specifically removed or replaced by appointment of officer or offices, as the case may be, under this 
Act; 

(c) any document referring to the enactment hereby repealed shall be constructed as referring to 

this Act or to the corresponding provision of this Act; 

45 

 
(d) any fine levied or penalty imposed under the enactment hereby repealed may be recovered as 

if it had been levied under this Act; 

(e) any offence committed under the enactment hereby repealed may be prosecuted and punished 

as if it had been committed under this Act; 

(f) sailing vessels or sailing boats registered under the enactment hereby repealed shall be deemed 

to have been registered under the Act; 

(g)  mortgages  of  any  mechanically  propelled  inland  vessels  recorded  in  any  register  book 
maintained at any port in India under the enactment hereby repealed shall be deemed to have been 
recorded in the register book under the corresponding provision of this Act; 

(h) any licence, certificate of competency or service, certificate of survey, licenses or any other 
certificate or document issued, made or granted under the enactment hereby repealed and in force at 
the commencement of this Act shall be deemed to have been issued, made or granted under this Act 
and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or 
document, as the case may be. 

(3)  The  matters  specifically  provided  in  this  section,  shall  not  be  held  to  prejudice  or  affect  the 

general application of section 6 of the General Clauses Act, 1897 (X of 1897). 

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