The Inland Vessels Act, 2021
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 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.
Section 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.
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.
Section 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).
(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).
Section 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.
Section 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.
(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.
Section 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.
(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.
Section 87 Offences and Punishments.
OFFENCES AND 1[PUNISHMENTS]
2[87. Offences and Punishments.---(1) Whoever, contravenes any of the provisions of this Act, shall be liable to punishment or penalty as specified in the Table under sub-sections (2) and (3).
(2) The offences mentioned in column (3) of the Table below, shall be punishable to the extent mentioned in column (4) of the said Table :—
| Sl. No | Section | Offence | Punishment |
| (1) | (2) | (3) | (4) |
| 1. | 14(1) | Owner, operator or master of any mechanically propelled inland vessel, using such vessel, without a valid certificate of survey has acted in contravention of 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. |
| 2. | 18(1) | Owner, operator or master of any mechanically propelled inland vessel proceeding on any voyage or use a mechanically propelled inland vessel required to be registered, for any service, without a valid certificate of registration and in contravention of sub-section (1) of section 18. | Fine which may extend to ten thousand rupees for the first offence and fifty thousand rupees for subsequent offences. |
| 3. | 30 | Owner of any mechanically propelled inland vessel, has acted in contravention of section 30. | Fine which may extend to ten thousand rupees per day or imprisonment which may extend to one year, or with both. |
| 4. | 34(2) | 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. |
| 5. | 44 | 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. |
| 6. | 49 and 50(1) | Owner, operator or master of any mechanically propelled vessel plying in inland waters abstaining from proceeding to render assistance after answering to the distress signal. | Fine which may extend to ten thousand rupees. |
| 7. | 51(2) | The owner, operator or master of any mechanically propelled inland vessel proceeding to conduct any voyage without complying with the requirements of navigation aids, lifesaving appliances, fire detection and extinguishing appliances and communication appliances as specified under sub-section (2) of section 51. | Fine which may extend up to fifty thousand rupees. |
| 8. | 52(2) and (3) | The owner, operator or master of any mechanically propelled vessel causing pollution by discharging or dumping of pollutants in inland waters. | Fine which may extend to fifty thousand rupees. |
| 9. | 53(4) | 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 using the vessel without the said valid certificate. | Fine which may extend to twenty-five thousand rupees. |
| 10. | 57 | 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. |
| 11. | 82 | 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. |
| 12. | 83 | Owner, operator or master of mechanically propelled inland vessel, who does not comply with the requirement of pilotage in contravention of section 83. | Fine which may extend to fifty thousand rupees or imprisonment which may extend to three years, or with both. |
(3) The contravention specified in column (3) of the Table below shall be liable to penalties specified in column (4) of the said Table:—
Table
| Sl. No. | Section to which contravention is referred | Contravention | Penalty |
| (1) | (2) | (3) | (4) |
| 1. | 8 | Any owner, operator or construction yard, found guilty of construction, alteration or modification of mechanically propelled inland vessel in contravention of section 8. | Penalty which may extend to ten thousand rupees for every non-compliance found. |
| 2. | 19(1) | 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. | Penalty which may extend to ten thousand rupees for every noncompliance found. |
| 3. | 24(3) | Owner not displaying the official number on the conspicuous part of a vessel has acted in contravention of sub-section (3) of section 24. | Penalty which may extend to ten thousand rupees. |
| 4. | 27 | Owner, operator or any person responsible for the operation of the vessel, has acted in contravention of section 27. | Penalty which may extend to ten thousand rupees for the first contravention and twenty-five thousand rupees for subsequent contraventions. |
| 5. | 28(2) | Owner, operator or master of any mechanically propelled inland vessel not registering the details of alterations that are mandated to be registered as specified in subsection (2) of section 28. | Penalty which may extend to ten thousand rupees for the first contravention and twenty-five thousand rupees for subsequent contraventions. |
| 6. | 29 | Owner or operator of any mechanically propelled inland vessel, who does not comply with the requirements or has acted in contravention of section 29. | Penalty which may extend to five hundred rupees for every day of noncompliance. |
| 7. | 32(1) | Owner of any mechanically propelled inland vessel, has acted in contravention of sub-section (1) of section 32. | Penalty which may extend to five thousand rupees for every day of noncompliance. |
| 8. | 35 | Owner or operator of any mechanically propelled inland vessel without complying with the specified minimum manning scale has acted in contravention to section 35. | Penalty which may extend to ten thousand rupees for the first contravention and twenty-five thousand rupees for subsequent contraventions. |
| 9. | 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. | Penalty which may extend to five thousand rupees per day. |
| 10. | 47 | Owner, operator or master of any 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. | Penalty which may extend to ten thousand rupees for the first contravention and twenty-five thousand rupees for subsequent contraventions. |
| 11. | 48 | Owner, operator or master not ensuring safe navigation or causing damage due to non observance of regulations. | Penalty which may extend to twenty-five thousand rupees. |
| 12. | 54(2) and (5) | The owner or operator of any reception facility who does not comply with the standards and obligations stipulated. | Penalty which may extend to fifty thousand rupees. |
| 13. | 55(4) | The owner or operator of the terminal who operates without complying with the notice issued under sub-section (4) of section 55. | Penalty which may extend to fifty thousand rupees. |
| 14. | 58(2) | Any person who is guilty of offence committed by contravention of sub-section (2) of section 58. | Penalty which may extend to ten thousand rupees. |
| 15. | 66 | Any owner or master plying any mechanically propelled inland vessel without a valid insurance as provided under section 66. | Penalty which may extend to ten thousand rupees and detention of the vessel till certificate of insurance is procured. |
| 16. | 74(2) | The owner, operator or master of any mechanically propelled inland vessel not complying with sub-section (2) of section 74. | Penalty which may extend to ten thousand rupees. |
| 17. | 79(2) | Any person who holds a certificate issued under Chapter VI and fails to surrender suspended or cancelled certificates. | Penalty which may extend to ten thousand rupees for every day of non-submission. |
| 18. | 80 | Any person, in the capacity of a service provider or a service user, who acts in contravention of section 80. | Penalty which may extend to fifty thousand rupees. |
| 19 | 97 | 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. | 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. |
| 20. | 102 | Any person found guilty of causing obstruction or has acted in contravention of section 102. | Penalty which may extend to fifty thousand rupees. |
(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 or contravention, the offender or person liable and the vessel shall be recorded in such form and manner, as may be specified by the Central Government by notification.
(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.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for “PENALTIES” (w.e.f. 30.06.2026).
2. Subs. by s. 2 and Sch., ibid., for s. 87 (w.e.f. 30.06.2026)
Section 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.
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.
Section 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.
(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.
Section 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.
Section 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—
(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.
(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—
(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.
Section 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 nonmechanically 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.
(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 nonmechanically 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.
Section 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.
(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 nonmechanically propelled inland vessel in such form and manner as may be prescribed by the respective State Government.
(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.
(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 nonmechanically propelled inland vessel in such form and manner as may be prescribed by the respective State Government.
Section 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 nonmechanically propelled inland vessel.
(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 nonmechanically propelled inland vessel.
Section 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.
(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.
Section 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 nonmechanically 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;
(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.
(2) Any officer appointed or authorised under this Chapter to be in-charge of the fund for the nonmechanically 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;
(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.
Section 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.
(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.
Section 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.
(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.
Section 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 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.
(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 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.
Section 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).
(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).