Inland Vessels Act, 1917

(1) This Act may be cal led the 4[ Inland Vessels] Act , 1917. 5[(2) It extends to the whole of India except the State of Jammu and Kashmir *: 6* * * * *

7[1]In this Act , unless there is anything repugnant in the subject or context.- 8[(a) "inland vessel" or "inland mechanically propelled vessel" means a mechanically propelled vessel, which ordinarily plies on inland water, but does not include fishing vessel and a ship registered under the Merchant Shipping Act, 1958 (44 of 1958); (b) "inland water" means- (i) any canal, river, lake or other navigable water within a State, (ii) any area of any tidal water deemed to be the inland to be smooth and partially by the Central Government under section 70, (iii) waters declared by the Central Government to be smooth and partially smooth waters under clause (41) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); (c) "mechanically propelled vessel" means every description of vessel propelled wholly or in part by electricity, steam or other mechanical power including dumb vessel towed by mechanically propelled vessel and vessel propelled by outboard motor;] 9[(d)] "passenger" includes any person carried in a 10[mechanically propelled vessel] other than the master and crew and the owner, his family and servants; 9[(e)] "prescribed" means prescribed by any rule under this Act; 1* * * * * 2[(f)] "survey" means the survey of a 3[mechanically propelled vessel] under this Act; 2[(g)] "surveyor" means a surveyor appointed under this Act; and 4[(ga) "tidal water" has the meaning assigned to it in clause (49) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958);] 2[(h)] "voyage" includes the plying of a 3[mechanically propelled vessel] at or about any place, 5[(2) Any reference to the Inland Steam-vessels Act, 1917 (1 of 1917), in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Inland Vessels Act, 1917].

(1) An inland 3[mechanically propelled vessel] shall not proceed on any voyage, or be used for any service unless she has a certificate of survey in force 6[in the zone intended for for operation and applicable to such voyage or service in such zone]. (2) Nothing in this section shall apply to any 3[mechanically propelled vessel] proceeding on a voyage during the interval between the time at which her certificate of survey expires and the time at which it is first practicable to have the certificate renewed: 7[Explanation.-For the purpose of this sub-section, "zone" means any such inland water area as the State Government may, depending on the maximum significant wave height criteria, by notification in the Official Gazette, specify for the purpose of this Act.]

(1) The State Government may, by notification in the Official Gazette,- (a) declare such places, within the territories under its administration, as it thinks fit, to be places of survey, and (b) appoint so many persons to be surveyors at the said places as it thinks fit, for the purposes of this Act. (2) Every surveyor shall, for the purposes of any survey made by him, be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

(1) For the purposes of a survey, the surveyor may, at any reasonable time, go on board any inland 3[mechanically propelled vessel], and may inspect the 3[mechanically propelled vessel] and every part thereof, including the hull, boilers, engines and other machinery, and all equipments and articles on board: Provided that he shall not unnecessarily hinder the loading or unloading of the 3[mechanically propelled vessel], or unnecessarily detain or delay her from proceeding on any voyage. (2) The owner, master and officers of the 3[mechanically propelled vessel] shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the 3[mechanically propelled vessel], and her machinery or any part thereof, and all equipments and articles on board, as he may require for the purposes of a survey.

Before a survey is commenced, the owner or master of the 1[mechanically propelled vessel] to be surveyed shall pay to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf - (a) a fee calculated on the tonnage of the 1[mechanically propelled vessel] according to the rates mentioned in Schedule I, or according to any other prescribed rates; and (b) when the survey is to be made in any place of survey other than Calcutta, Madras 2[or Bombay], such additional fee in respect of the expense (if any) of the journey of the surveyor to the place as the State Government may by such notification direct.

When the survey of a 1[mechanically propelled vessel] is completed, if the surveyor making it is satisfied that - (a) the hull, boilers, engines and other machinery of the 1[mechanically propelled vessel] arc sufficient for the voyage or service intended and in good condition, and (b) the equipments of the 1[mechanically propelled vessel] and the certificates of the master and engineer are such and in such condition as arc required by any law for th e time being in force and applicable to the 1[mechanically propelled vessel], the surveyor shall forthwith give to the owner or master a declaration in the prescribed form containing the particulars mentioned in clauses (a) and (b), and the following further particulars, namely:- (i) the time (if less than one year) for which the hull, boilers, engines and other machinery and equipments of the 1[mechanically propelled vessel] will be sufficient; (ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other machinery or equipments, the 1[mechanically propelled vessel] is in the surveyor's judgment not fit to ply; (iii) the number of passengers (if any) which the 1[mechanically propelled vessel] is, in the judgment of the surveyor, fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins: the number to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances, as the case requires; 3*** 4[(iiia) the nature and quantum of cargo which the mechanically propelled vessel is, in the judgment of the surveyor, fit to carry; and] (iv) any other prescribed particulars.

(1) The owner or master of a 1[mechanically propelled vessel] to whom a declaration is given under section 7 shall, within fourteen days after the date of the receipt thereof, send the declaration to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf. (2) If any owner or master fails to send a declaration as required by sub-section (1), he shall forfeit a sum not exceeding five rupees for every day during which the sending of the declaration is delayed.

(1) The State Government shall, if satisfied that all the pr ovisions of this Act have been complied with in respect of a declaration sent under section 8, cause, - (a) a certificate of survey, in duplicate, to be prepared, and (b) notice thereof to be given by post or otherwise to the owner or master of the 1[mechanically propelled vessel] to which the certificate relates. (2) On application made by the owner or master to such officer at the place of survey as the State Government may, by notification in the Official Gazette, appoint in this behalf, and on payment to such officer by the owner or master of the sum (if any) forfeited by him under section 8, sub-section (2) (the actual amount of which within the limit thereby fixed shall be determined by the State Government), the certificate, in duplicate, so prepared shall be granted to the owner or master by the State Government and issued to him through such officer. (3) A certificate granted under this section shall be in the prescribed form, shall contain a statement to the effect that all the provisions of this Act with respect to the survey of the 1[mechanically propelled vessel] and the declaration of survey have been complied with, and shall set forth- (a) the particulars concerning the 1[mechanically propelled vessel] mentioned in the declaration of survey as required by clauses (i), (ii) and (iii) of section 7, and (b) any other prescribed particulars. (4) The State Government may, by notification in the Official Gazette, delegate to any person all or any of the functions assigned to the State Government under this section: Provided that no delegation shall be made under sub-section (2) so as to authorise the grant of a certificate of survey by the surveyor who made the declaration of survey under section 7.

The owner or master of every 1[mechanically propelled vessel], for which a certificate of survey has been granted, shall forthwith, on the receipt of the certificate, cause one of the duplicates thereof to be affixed and kept, affixed so long as it remains in force and the 1[mechanically propelled vessel] is in use, on some conspicuous part of the 1[mechanically propelled vessel] where it may be easily read by all persons on board.

A certificate of survey shall not be in force 3[in any State]- (a) after the expiration of one year from the date thereof; or (b) after the expiration of the period (if less than one year) for which the hull, boilers, engines or other machinery, or any of the equipments of the 1[mechanically propelled vessel] to which the certificate relates have been stated in the certificate to be suffi cient; or (c) after notice has been given 4[by the State Government of the State in which it was by granted], to the owner or master of such 1[mechanically propelled vessel], that such State Government has cancelled or suspended it. 2[A certificate of survey shall not be in force in any State by virtue of any endorsement in respect of that State, after notice has been given by the State Government of that State, to the owner or master of a 1[mechanically propelled vessel], that that Government has cancelled or suspended the endorsement.]

After a certificate of survey has ceased to be in force, the same shall only be renewed after a fresh survey of the 1[mechanically propelled vessel] to which the certificate relates, has been held in accordance with the provisions of this Chapter, save so far as any relaxation thereof may be prescribed.

3[A certificate of survey or any endorsement thereon made under section 10A may be suspended or cancelled by the Government of the State in which the certificate was granted or in respect of which the endorsement was made, as the case may be, if that Government has reason to believe]- (a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers, engines or other machinery or of any of the equipments of the '[mechanically propelled vessel] has been fraudulently or erroneously made; or (b) that the certificate has otherwise been granted upon false or erroneous information; or (c) that since the making of the declaration the hull, boilers, engines or other machinery, or any of the equipments of the 1[mechanically propelled vessel] have sustained any material injury, or have otherwise become insufficient.

The State Government may require any certificate of survey, which has expired or has been suspended or cancelled, to be delivered up to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf. 2[Where an endorsement on any certificate of survey for any State has been suspended or cancelled, the State Government of that State may require the certificate of survey to be delivered up to such officer as that Government may by notification in the Official Gazette appoint in this behalf, in order that particulars of the suspension or cancellation of th e endorsement may be noted on the certificate.]

3[If a State Government suspends or cancels endorsement made under section 10A on a certificate of survey, it] shall report the fact of suspension or cancellation, together with the reasons therefor to the State Government which (or whose delegate) granted the certificate.

A survey shall ordinarily be made by one surveyor, but two surveyors may be employed if the State Government, by order in writing, so directs either generally in the case of all 4[mechanically propelled vessels] at any place of survey, or specially in the case of any particular 4[mechanically propelled vessels] or class of 4[mechanically propelled vessels] at any such place.

(1) If the surveyor making a survey of 1[mechanically propelled vessel] refuses to give a declaration under section 7 with regard to the 1[mechanically propelled vessel], or gives a declaration with which the owner or master of the 1[mechanically propelled vessel] is dissatisfied the State Government may, on the application of the owner or master, and the payment by him of such fee, not exceeding twice the amount of the fee payable for the previous survey, as the State Government may require, direct two other surveyors to survey the 1[mechanically propelled vessel]. (2) The surveyors so directed shall forthwith survey the 1[mechanically propelled vessel], and may, after the survey, either refuse to give a declaration or give such declaration as, under the circumstances, seems to them proper. (3) Any declaration given, or any refusal to give a declaration under sub-section (2), shall be final.

When a survey is made by two surveyors under either section 16 or section 17, each of the surveyors shall perform the prescribed portion of the duties assigned to a surveyor under this Act or the rules made thereunder.

(1) The State Government may 2*** make rules to regulate the making of surveys. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe- (a) the times and places at which, and the manner in which, surveys are to be made; (b) the duties of the surveyor making a survey and, where two surveyors are employed, the respective duties of each such surveyor; (c) the form in which declarations of survey and certificates of survey are to be framed, and the nature of the particulars to be stated therein under sections 7 and 9; (d) the rates other than those mentioned in Schedule I according to which the fees payable in respect of surveys arc to be calculated in the case of all or any of the places of survey within the territories under its administration; and (e) the cases in, and the extent to which, a survey may be dispensed with before the grant of a new certificate.

The State Government may appoint examiners for the purpose of examining the qualifications of persons desirous of obtaining certificates (hereinafter called certificates of competency), to the effect that they are competent to act as masters or serangs, or as engineers or engine-drivers, as the case may be, on board inland 1[mechanically propelled vessels].

(1) The State Government or such officer as it may, by notification in the Official Gazette, appoint in this behalf, shall grant to every person who is reported by the examiners to possess the prescribed qualifications, a certificate of competency to the effect that he is competent to act as a first-class master, second-class master or scrang, or as an engineer, first -class enginedriver or second-class engine-driver, as the case may be, on board an inland 1 [mechanically propelled vessel]: Provided nevertheless that, before granting a certificate of competency under this Act, the authority empowered to grant such certificate may, if it considers the report of the examiners regarding any applicant for such certificate to be defective, or has reason to believe tha t such report has been unduly made, require a further examination or a re -examination of the applicant. (2) Every certificate granted under this section shall be in the prescribed form.

(1) The State Government may, 2[if it thinks fit], grant without examination to any person who has served as a master, or as an engineer, of 3[a vessel of the Coast Guard, Indian Navy or regular Army for a period as may be prescribed by the State Government in this behalf], a certificate (hereinafter called a certificate of service) to the effect that he is, by reason of his having so served, 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, as the case may be, on board an inland 1[mechanically propelled vessel]. 4[Explanation-For the purposes of this section, (a) the expression "Coast Guard" shall have the meaning assigned to i t in clause (d) of section 2 of the Coast Guard Act, 1978 (30 of 1978); (b) the expression "Indian Navy" shall have the meaning assigned to it in clause (10) of section 3 of the Navy Act, 1957 (62 of 1957); (c) the expression "regular Army" shall have the meaning assigned to it in clause (xxi) of section 3 of the Army Act, 1950 (46 of 1950);] (2) A certificate of service so granted shall have the same effect as a certificate of competency granted under this Act after examination.

Every certificate of competency or service 4[and 4[and every licence] granted under this Act shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, 4[or licence] and the other shall be kept and recorded in the prescribed manner.

Whenever a master or serang, or an engineer or engine-driver, proves, to the satisfaction of the authority which granted his certificate, 5[or licence] that he has, without fault on his part, lost or been deprived of it, a copy of the certificate 5[or licence] to which, according to the record kept under section 23, he appears to be entitled shall be granted to him, and shall have the same effect as the original.

An inland 1[mechanically propelled vessel] having engines of 6[one hundred] or more nominal nominal horse-power shall not proceed on any voyage unless she has- (a) as her master a person possessing a first-class master's certificate granted under this Act, or a master's 7[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] 8[or a master's licence granted under section 22A and applicable to such vessel and voyage], and (b) as her engineer a person possessing an engineer's certificate granted under this Act, or granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] 9[or an an engine-driver's licence granted under section 22A and applicable to such vessel and voyage].

(a) as her master a person possessing a second-class master's certificate granted under this Act, or any certificate referred to in clause (a) of section 25, and (b) as her engineer a person possessing a first-class engine-driver's certificate granted under this Act, or an engine-driver's 7[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)] or any certificate referred to in clause (b) of section 25: Provided that a 1[mechanically propelled vessel] shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certificate referred to in clause (a), and a certificate referred to in clause (b), of this section.

An inland 1[mechanically propelled vessel] having engines of less than 2[forty] nominal horse-power shall not proceed on any voyage unless she has- (a) as her master a person possessing a scrang's certificate granted under this Act, or any certificate referred to in clause (a) of section 26, and (b) as her engineer a person possessing a second-class engine-driver's certificate granted under this Act, or any certificate referred to in clause (b) of section 26: Provided that a 1[mechanically propelled vessel] shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certificate referred to in clause (a), and a certificate referred to in clause (b), of this section.

Notwithstanding anything in this Chapter, the State Government may, by general or special order, direct that a person possessing- (a) a master's 3[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958)], or (b) an engineer's or engine-driver's 3[certificate granted or deemed to be granted under the Merchant Shipping Act, 1958 (44 of 1958), shall not act as master or engineer, as the case may be, of an inland 1[mechanically propelled vessel] unless he also possesses- (i) in case (a), such a master's or serang's certificate granted under this Act as qualified him under this Chapter to act as master of the 1[mechanically propelled vessel], or (ii) in case (b), such an engineer's or engine-driver's certificate granted under this Act as qualifies him under this Chapter to act as engineer of the 1[mechanically propelled vessel]: Provided that, for the purposes of this section, the State Government may 4[if it thinks fit], grant to any person, without examination, a master's or scrang's or an engineer's or engine-driver's certificate of competency under this Act, and such certificate shall have the same effect as a certificate of competency granted under this Act after examination.

(1) The State Government may make rules to regulate the granting of certificates of competency under this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe- (a) the times and places of holding and the mode of conducting examination of persons desirous of obtaining certificates of competency; (b) the qualifications to be required of persons desirous of obtaining such certificates; (c) the examination fees to be paid by such persons; and (d) the forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to, be kept and recorded under section 23.

The State Government may also make rules to regulate the granting of certificates of service under section 22, and may by such rules prescribe in particular - 1[(a) the period of service in the Coast Guard, Indian Navy or regular Army which is required for a person to be granted a certificate without examination under section 22,] 2[(aa)] the fees to be paid for such certificates, and (b) the forms in which such certificates are to be framed, and the authority by whom, and the manner in which, copies are to be kept and recorded under section 23.

4[31. Effect of certificates of competency or service and licences.- A certificate of competency or service and licence granted under this Chapter shall have effect throughout India.]

Whenever- (a) any inland 5[mechanically propelled vessel] has been wrecked, abandoned or materially damaged, or (b) by reason of any casualty happening to, or on. board of, any inland 5[mechanically propelled vessel], loss of life has ensued,. or (c) any inland 5[mechanically propelled vessel] alas caused loss or material damage to, any other vessel, the master of the 5[mechanically propelled vessel] shall forthwith give notice of the wreck, abandonment, damage, casualty, or loss to the officer in charge of the nearest police -station.

(1) 6[Whenever the State Government is satisfied that it is necessary or expedient to have a formal investigation into the facts of any case reported under section 32 or otherwise brought to its notice, the State Government may]- (a) appoint a special Court and direct the Court to make the investigation at such place as the State Government may fix in this behalf, or (b) direct any principal Court of ordinary criminal jurisdiction or the Court of any District Magistrate to make the investigation. (2) A special Court appointed under clause (a) of sub-section (1) shall consist of not less than two nor more than four persons, of whom one shall be a Magistrate, one shall be a person conversant with maritime affairs or with the navigation of inland 7 [mechanically propelled vessels], and the other or others (if any) shall be conversant with either maritime or mercantile affairs, or with the navigation of inland 7[mechanically propelled vessels].

(1) Any Court making an investigation under section 33 may inquire into any charge of incompetency or misconduct arising in the course of the investigation against any master, engineer or engine -driver, or any person holding a certificate granted under Chapter III, as well as into any charge of a wrongful act or default on his part causing any wreck, abandonment, damage, casualty, or loss referred to in section 32. (2) In every case in which any such charge arises against any master, engineer or engine - driver, or any person holding a certificate granted under Chapter III in the course of an investigation, the Court shall, before the commencement of the inquiry into the charge, cause to be furnished to him a copy of the report or of any statement of the case upon which the investigation has been directed.

(1) If the State Government has reason to believe that there are grounds for charging any master, engineer or engine-driver, or any person holding a certificate granted under Chapter III, with incompetency or misconduct, otherwise than in the course of an investigation under section 33, it may send a statement of the case to the principal Court of ordinary criminal jurisdiction, or the Court of the District Magistrate, at or nearest to the place at which it may be convenient for the parties and witnesses to attend, and may direct the Court to make an investigation into the charge. (2) Before commencing an investigation under sub-section (1), the Court shall cause the person charged to be furnished with a copy of the statement of the case sent by the State Government.

For the purpose of an investigation under this Chapter into any charge against a master, engineer or engine -driver, or any person holding a certificate granted under Chapter I II, the Court may summon him to appear, and shall give him full opportunity of making a defence, either in person or otherwise.

(1) When, in the opinion of the Court making an investigation under this Chapter, the investigation involves, or appears likely to involve, any question as to the cancelling or suspension of the certificate of a master, engineer or engine -driver, or any person holding a certificate granted under Chapter III, the Court shall appoint as its assessors, for the purposes of the investigation, two persons having experience in the merchant service or in the navigation of inland 1[mechanically propelled vessels]. (2) In every other investigation the Court may, if it thinks fit, appoint as its assessor, for the purposes of the investigation, any person conversant with maritime affai rs or the navigation of inland 1[mechanically propelled vessels] and willing to act as assessor. (3) Every person appointed as an assessor under this section shall attend during the investigation and deliver his opinion in writing, to be recorded on the proceedings.

For the purpose of any investigation under this Chapter, the Court making the investigation shall, so far as relates to compelling the attendance and examination of witnesses, and production of documents and the regulation of the proceedings, have- (a) if the Court is a special Court-the same powers as are exercisable by the principal Court of ordinary criminal jurisdiction for the place at which the investigation is made; or (b) if the Court is a principal Court of ordinary criminal jurisdiction or the Court of the District Magistrate-the same powers as arc exercisable respectively by either Court in the exercise of its criminal jurisdiction.

(1) If any Court making an investigation under this Chapter issues a warrant of arrest to compel the attendance of any person whose evidence is in its opinion necessary, it may, for the purpose of effecting the arrest, but subject to any general or special instructions issued by the State Government in this behalf, authorise any officer to enter any vessel. (2) An officer so authorized to enter any _vessel may, for the purpose of enforcing the entry, call to his aid any officers of Police or Customs, or any other persons, and may seize and detain the vessel for such time as is reasonably necessary to effect the arrest; and every such officer or other person shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) No person shall be detained under this section for more than forty -tight hours.

Whenever, in the course of an investigation under this Chapter, it appears to the Court making the investigation that any person has committed, within 1 [the territories to which this Act extends], an offence punishable under any law in force in 1[such territories] the Court making the investigation may (subject to such rules consistent with this Act as the High Court may, from time to time, make in this behalf)- (a) cause such person to be arrested; (b) commit him or hold him to bail to take his trial before the proper Court; (c) bind over any other person to. give evidence at such trial; and (d) exercise, for the purposes of this section, all the powers of a Magistrate of the first class or of a Presidency Magistrate.

(1) Whenever, in the course of a trial referred to in section 40, the evidence of any witness is required in relation to the subject -matter, any deposition previously made by him in relation, to the same subject-matter before any Court making an investigation under this Chapter shall, if authenticated by the signature of the Magistrate or presiding Judge of such Court, be admissible in evidence on proof - (a) that the witness cannot be found within the jurisdiction of the Court before which the trial is held; and (b) that the deposition was made in the presence of the person accused, and that he had an opportunity of cross-examining the witness. (2) A certificate signed by such Magistrate or presiding Judge that the deposition was made in the presence of the accused, and that he had an opportunity of cross-examining the witness shall, unless the contrary be proved, be sufficient evidence that it was so made and that the accused had such opportunity.

The Court shall, in the case of every investigation under this Chapter, transmit to the State Government a full report of the conclusions at which it has arrived, together with the evidence recorded and the written opinion of any assessor.

Notwithstanding the appointment under section 37 of an assessor or assessors by a Court making an investigation under this Chapter, the exercise of all powers conferred on such Court by this Act shall rest with the Court alone.

(1) Whenever any explosion occurs on board any inland 2[mechanically propelled vessel], the State Government may direct that an investigation into the cause of the explosion be made by such person or persons as it may appoint in this behalf. (2) The person or persons so appointed may, for the purpose of the investigation, enter into and upon the 2[mechanically propelled vessel], with all necessary workmen and labourers, and remove any portion of the 2[mechanically propelled vessel] or of the machinery thereof, and shall report to the State Government what, in his or their opinion, was the cause of the explosion. (3) Every person making an investigation under this section shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

1[Any certificate granted or any endorsement made under Chapter III may be suspended or cancelled by the Government of the State in which the certificate was granted or; as the case may be, in respect of which the endorsement was made, in the following cases, namely] - (a) if, on any investigation made under this Act, the Court reports that the wreck or abandonment of, or loss or damage to, any vessel, or loss of life, has been caused by the wrongful act' or default of the holder of such certificate, or that the holder of such certificate is incompetent, or has been guilty of any gross act of drunkenness, tyranny or other misconduct, or (b) if the holder of such certificate is proved to have been convicted of any non-bailable offence, or 2[(bb) if 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] (c) if, in the case of a person holding a certificate of competency or service as secondclass master or scrang, or as engine-driver, such person is or has become, in the opinion of the State Government, unfit to act as a second-class master or serang or as an engine-driver, as the case may be: Provided that a certificate 3[or endorsement] shall not be suspended or cancelled under clause (a), unless the State Government is satisfied that the holder of the certificate has, before the commencement of the investigation, been furnished with a copy of the report or statement of the case as required by section 34 or section 35, as the case may be.

Every person whose certificate is suspended or cancelled under this Chapter shall deli ver it up to such person as the State Government which suspended or cancelled it may direct.

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

(1) Any State Government may, at any time, revoke any order of suspension or cancellation which it may have made under this Chapter, or grant, without examination, to any person whose certificate it has so cancelled, a new certificate. (2) A certificate so granted shall have the same effect as a certificate of competency granted tinder this Act after examination.

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

(1) No person shall- (a) take with him on board an inland 3[mechanically propelled vessel] any dangerous goods without giving notice of their nature to the owner or master of the 3[mechanically propelled vessel], or (b) deliver or tender for carriage on such 3[mechanically propelled vessel] any dangerous goods without giving such notice, and without distinctly marking their nature on the outside of the package containing the goods. (2) if the owner or master of an inland 3[mechanically propelled vessel] suspects, or has reason to believe, that any luggage or parcel taken, delivered, or tendered for carriage on the 3[mechanically propelled vessel] contains dangerous goods, he may- (i) refuse to carry it upon the 3[mechanically propelled vessel]; or (ii) require i t to be opened to ascertain the nature of i ts contents; or (iii) if it has been received for carriage, stop its transit until he is satisfied as to the nature of its contents.

Where any dangerous goods have been taken or delivered on board any inland 3[mechanically propelled vessel] in contravention of section 50, the owner or master of the 3[Mechanically propelled vessel] may, if he thinks fit, cause the goods to be thrown overboard together with any package or receptacle in which they ar e contained, and neither the owner nor the master shall, in respect of his having so caused the goods to be thrown overboard, be subject to any liability, civil or criminal, in any Court.

(1) The State Government may make rules for the protection of inland 2[mechanically propelled vessels] against explosion, fire, collision and other accidents. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) prescribe the conditions on and subject to which dangerous goods may be carried on board inland 1[mechanically propelled vessels]; (b) prescribe precautions to be taken to prevent explosions or fires on board inland 1[mechanically propelled vessels]; (c) prescribe the apparatus which is to be kept on board inland 1[mechanically propelled vessels], for the purpose of extinguishing fires; (d) regulate the making of sound signals; (e) regulate the carriage and exhibition of lights by inland 1[mechanically propelled vessels]; (f) regulate the carriage and exhibition of lights by other vessels on specified inland waters on which 1[mechanically propelled vessels] ply; (g) prescribe the steering rules to be observed; (h) regulate the towing of vessels astern or alongside; (i) prescribe the speed at which inland 1[mechanically propelled vessels] may be navigated in specified areas; (j) regulate the navigation of inland 1[mechanically propelled vessels] to prevent danger to other vessels, or to the bank, channels, navigation marks or any property, movable or immovable, in or abuting on navigable channels. 2[(k) prescribe the requirements that the hull, equipment and machinery of inland mechanically propelled vessel shall comply with; (l) prescribe the requirement of life saving appliances; and (m) prescribe the apparatus required for communication and navigation.] (3) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

(1) The State Government may make rules to regulate the carriage of passengers in inland 1[mechanically propelled vessels]. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) prescribe the cases in which passengers may be refused admission to, or may be required to leave, inland 1[mechanically propelled vessels]; (b) provide for the payment of fares, and the exhibition of tickets or receipts (if any) showing the payment of their fares, by passengers in inland 1[mechanically propelled vessels]; and (c) regulate generally the conduct of passengers in inland 1[mechanically propelled vessels]. (3) Any rule matte under this section may contain a provision that any person committing a breach of it shall be punishable with fine which may extend to twenty rupees. (4) The master or any other officer of an inland 3[mechanically propelled vessel], and any person called by him to his assistance, may arrest any person who has committed a breach of any rule made under this section, if the name and address of such person arc unknown to the master or such other officer. (5) The procedure prescribed by 4[section 43 of the Code of Criminal Procedure, 1973 (2 of 1974)], in the case of arrest by private persons shall apply to every arrest made under this section.

(1) The State Government may also make rules for the protection of passengers in inland 1[mechanically propelled vessels], and may by such rules require- (a) the prices of passenger tickets to be printed or otherwise denoted on such tickets; and (b) the supply, free of charge, of a sufficient quantity of fresh water for the use of such passengers. (2) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with fine which may extend to fifty rupees.

(1) If any inland 1[mechanically propelled vessel] proceeds on a voyage in contravention of sections 3 2[or section 19A], the owner and the master of the 1[mechanically propelled vessel] shall each be punishable with fine, Which may extend to one thousand rupees. (2) If the master or any other officer on board an inland l[mechanically propelled vessel] which proceeds on a voyage in contravention of section 3 2[or section 19A] is a licensed pilot, he shall be liable to have his licence as a pilot suspended or cancelled, for any period-, by the State Government.

If the certificate of survey is not kept affixed in an inland 1[mechanically propelled vessel] as required by section. 10, 3[or if the registration mark is not displayed as required by section 19H], the owner and the master of the 1[mechanically propelled vessel] shall each be punishable with fine which may extend to one hundred rupees.

2 [57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or registration.- If the owner or master of an inland 1[mechanically propelled vessel] without reasonable cause neglects or refuses- (a) to deliver up a certificate of survey when required under section 14 so to do; or (b) to ,deliver up a certificate of registration when required under section 19N so to do; or (c) to surrender a certificate of registration as required by section 190; he shall be punishable with fine, which may extend to one hundred rupees.]

If an inland 1[mechanically propelled vessel] has on board or in any part thereof a number of passengers which is greater than the number set forth in the certificate of survey as the number of passengers which the vessel or the part thereof is, in the judgement of the surveyor, fit to carry, the owner and the master shall each be punishable with fine which may extend to 3[one hundred rupees] for every passenger over and above that number.

If any person- (a) proceeds on any voyage in an inland 1[mechanically propelled vessel] as the master or engineer of such vessel without being at the time entitled to, and possessed of, a master's or serang's or an engineer's or engine-driver's certificate 5[or a master's or engine-driver's licence] as the case may be, as required under this Act, or (b) employs as the master or engineer of an inland 1[mechanically propelled vessel] any person without ascertaining that he is at the time entitled to, and possessed of, such certificate 2[or licence], he shall be punishable with fine which may extend to five hundred rupees.

If any master wilfully fails to give notice, as required by section 32, of any wreck, abandonment, damage, casualty, or loss, he shall be punishable with fine which may extend to five hundred rupees, and, in default of payment of such fine, with simple imprisonment for a term which may extend to three months.

If any person, whose certificate is suspended or cancelled under this Act, fails to deliver up the certificate as required by section 46, he shall be punishable with fine, which may extend to five hundred rupees.

If any person, in contravention of section 50, takes with him on board any inland 1 [mechanically propelled vessel] any dangerous goods, or delivers or tenders any such goods for carriage on any inland 1[mechanically propelled vessel], he shall be punishable with fine which may extend to two hundred rupees, and the goods shall be forfeited to Government.

If any person employed or engaged in any capacity on board an inland 1 [mechanically propelled vessel], 'by wilful breach or by neglect of duty, or by reason of drunkenness- (a) does any act tending immediately to wreck, destroy or materially damage the vessel, or to endanger the life or limb of any person on board, or belonging to the vessel, or (b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate wreck, destruction or material damage, or for preserving any such person from immediate danger to life or limb, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both.

Where the owner or master of an inland 3[mechanically propelled vessel] is convicted of an offence under this Act or any rule made thereunder committed on board, or in relation to, that 1[mechanically propelled vessel], and is sentenced to pay a fine, the Magistrate who passes the sentence may direct the amount of the fine to be levied by distress and sale of the 1[mechanically propelled vessel] and the tackle, apparel and furniture thereof, or so much thereof as is necessary.

Except in the case of an offence against any rule made under section 53, no Magistrate shall try an offence under this Act, or any rule made thereunder, unless he is a Presidency Magistrate, or a Magistrate whose powers are not less than those of a Magistrate of the first class.

If any person commits an offence against this Act or any rule made thereunder, he shall be triable for the offence in any place in which he may be found or which the State Government, by notification in the Official Gazette, appoints in this behalf, or in any other place in which he might be tried under any other enactment for the time being in force.

(1) The State Government may, make rules to carry out the purposes of this Act not otherwise specially provided for. (2) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

The State Government may, 4 *** by notification in the Official Gazette, declare that all or any of the provisions of 5[Chapters II, IIA and III] shall not apply in the case of any specified class of 1[mechanically propelled vessels], or shall apply to them with such modifications as may be specified in the notification'

2[69. Exemption to Government vessels from fees.- The State Government may, by notification in the Official Gazette, exempt all or any mechanically propelled vessel belonging to or in the service of Government from payment of any fees payable by or under this Act.]

The 3[Central Government] may, by notification in the Official Gazette, define how much of any tidal water shall be deemed to be an inland water for the purposes of this Act. 4* * * * *

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

(1) Subject to the provisions of section 31, every master of an inland 5[mechanically propelled vessel] who possesses a master's certificate granted under this Act and in force shall, in ports to which section 31 of the Indian Ports Act, 1908, has been extended, be deemed, for the purposes of that section, to be the pilot of the 5[mechanically propelled vessel] of which he is in charge. 6* * * * * *

Omitted by the Inland Steam-Vessels (Amendment) Act, 1977 (35 of 1977), s. 33 (w.e.f. 1-5- 1978).

(1) The power to make rules conferred 11 [on the Central Government or a State Government] by this Act is subject to the condition of the rules being made after previous publication. (2) All such rules shall, when made, be published in the Official Gazette, an d shall thereupon have effect as if enacted in this Act. 12[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament. while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that4he rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 1[(4) Every rule made by the State Government under this Act shall be laid, as soon as may may be after it is made, before the State Legislature.]

2[75. Repeal and saving.- (1) If immediately before the day on which this Act comes into force in 3[the territories which, immediately before the 1st November, 1956, were comprised in a Part B State], there is in force in 4[those territories] any law which corresponds to this Act, such corresponding law shall, on that day, stand repealed. (2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by such corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by this Act, and any penalty incurred or pr oceeding commenced under such corresponding law shall be deemed to be a penalty incurred or proceeding commenced under this Act, as if this Act were in force on the day on which such thing was done, action taken, penalty incurred, or proceeding commenced.]

Schedule I Rates of Fees [See sections 6(a) and 19(d)]

Schedule II.- [Enactments repealed.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Sch. 1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978). Back 1. Subs. by Act 35 of 1977, s. 5, for "steam-vessel" (w.e.f. 1-5-1978).