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INLAND VESSELS ACT, 1917
1 of 1917
7th February, 1917
Amending Act 35 of 1977.- With the passage of time, operation of power vessels in the inland waters of the country has undergone considerable change with the result that the provisions contained in the Indian Steam-vessels Act. 1917, are not found to be adequate effectively to regulate the operation of the inland vessels. A committee was set up by the Government of India under the Chairmanship of Shri B. Bhagavati, Member of Parliament to consider the problems relating to the development of inland water transport and to suggest phased programme for development of this mode of transport. Recommendations for the amendment of the Act were made by the Committee. Certain other legislative changes are also considered necessary in the light of practical experience. The amendment proposed in the Bill are intended to make the legislation more effective and useful in regulating the operation of inland vessels having regard to the present day needs. 2. The principal Act was enacted when steam-vessels were in vogue. With the advent of oil-fired vessels, steam-vessels have become scare and even the short title to the Act would be misleading in the present context. Accordingly it is proposed to modify the short title of the Act as "Inland Vessels Act" and to substitute the expression "steam-vessel" by the expression "mechanically propelled vessel". There is no provision now enabling the mortgage of vessels by owners for securing financial assistance for the construction or repair of vessels. Provisions in that regard on the lines of those contained in the Merchant Shipping Act, 195S (44 of 1958)are proposed in order to overcome the difficulty. In the case of wreck, etc., the State Government is authorised to appoint a Court of investigation only on a report to that effect from the master of the vessel. It is considered necessary to provide for the appointment of a Court of investigation on the report of persons other than the master also. At present there is no provision in the Act enabling the State Government to take action to clear navigable channels blocked by werck or other obstruction or by the grounding of an overdrafted vessel though such provisions do find a place inthe Indian Ports Act, 1908 (15 of 1908). It is proposed to empower the State Government to clear up the navigable channels so blocked or obstructed. Compensation to passengers travelling in inland vessels involved in accidents is a public necessity. It is, therefore. proposed to provide for the obligatory insurance of passengers against risk and the burden is cast on licensed carriers by adopting provisions analogous to those applicable in the case of motor vehicles accidents. In view of the danger involved in carrying passengers or cargo or both in excess of what is set forth in the certificate of survey granted to a vessel, it is considered necessary to enhance the penalty for exceeding the set limits. In case of desertion, wilful absence from duty, negligence, etc. by personnel employed in inland mechanically propelled vessels there are no provisions for the taking of disciplinary proceedings. Provisions analogous to those inthe Merchant Shipping Act, 1958are proposed to be included so as to ensure discipline among the personnel. Opportunity is also being taken to amend the rule laying formula to bring it in conformity with the recommendation of the Committee on Subordinate Legislation. 3. The Bill seeks to give effect to the objects mentioned above. -Gaz. of India, 22-7-1977, Pt. II, section 2. Ext., p. 435.
An Act to consolidate the enactments relating to 1[Inland Vessels.] Whereas it is expedient to consolidate the enactments relating to1[Inland vessels]; It is hereby enacted as follows:- This Act has been extended to the States merged in the State of Bombay: See Bom. Act 4 of 1950,section 3(30-3-1950); State of Punjab; See Pun). Act 5 of 1950. section 3 (15-4-1950). The Act has been extended to Greater Bombay: See Bom. Act 17 of 1945, section 3 (15-8-1945). The Act now extends to the Union territories of Goa, Daman and Diu and Pondichery-See Regn. 12 of 1962 (1-2-1965) an Regn. 7 of 1963 (1-10-1963). The Act came into force on 1-6-1917; See Gazette of India, 1917 Pt. I, p. 988.
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the2[Inland Vessels] Act, 1917.
3[(2) It extends to the whole of India except the State of Jammu and Kashmir:
4[Provided that it shall not come into force in any part of the territories which on the 31st day of March, 1936, were included in the Province of Madras or which on the 31st day of October, 1956, were included in the State of Travancore-Cochin, unless the State Government concerned, by notification in the Official Gazette, so directs.]]
SECTION 02: DEFINITIONS
5 [(1)] In this Act, unless there is anything repugnant in the subject or context,-
5[(a) "inland vessel" or "mechanically propelled vessel" means a mechanically propelled vessel which ordinarily plies on any inland water;]
6[(b)] "inland water" means any canal, river, lake or other navigable water;78[* * * *]
6[(c) "mechanically propelled vessel" means every description of vessel propelled wholly or in part by electricity, steam or other mechanical power.]
9[(d)] "passenger" includes any person carried in a13[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;10[(5) * * * * *]
11[(f)] "survey" means this survey of a13[mechanically propelled vessel] under this Act;
11[(g)] "surveyor" means a surveyor appointed under this Act; and
11[(h)] "voyage" includes the plying of a13[mechanically propelled vessel] at or about any place.
12[(2) Any reference tothe Inland Steam-vessels Act, 1917-, in any law for the time being in force or in any instrument or other document shall be construed as a reference tothe Inland Steam-vessels Act, 1917-.]
SECTION 03: INLAND
15[mechnically propelled vessel] not to proceed on voyage or to be used for service without certificate of survey
(1) An inland [mechanically propelled vessel] shall not proceed on any voyage, or be used for any service unless she has a certificate of survey in force and applicable to such voyage or service.
(2) Nothing in this section shall apply to any [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.
SECTION 04: APPOINTMENT OF SURVEYORS AND PLACES OF SURVEY
(1) The16[State Government] may, by notification in the17[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, bedeemed to be a public servant within the meaning ofthe Indian Penal Code-.
SECTION 05: POWERS OF SURVEYORS
(1) For the purposes of a survey, the surveyor may at any reasonable time, go on board any inland18[mechanically propelled vessel], and may inspect the18[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 [mechanically propelled vessel], or unnecessarily detain or delay her from proceeding on any voyage.
(2) The owner, master and officers of the18[mechanically propelled vessel] shall afford to the surveyor all reasonable facilities for a survey and all such information respecting the18[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.
SECTION 06: FEES IN RESPECT OF SURVEYS
Before a survey is commenced, the owner or master of the19[mechanically propelled vessel] to be purveyed shall pay to such officer as the19[State Government] may, by notification in the19[Official Gazette], appoint in this behalf-
(a) a fee calculated on the tonnage of the21[mechanically propelled vessel] according to the rates mentioned in Schedule 1, 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,22[or Bombay], such additional fee in respect of the expense (if any) of the journey of the surveyor to the place as the19[State Government] may by such notification direct.
SECTION 07: DECLARATION OF SURVEYOR
When the survey of a24[mechanically propelled vessel]23is completed, if the surveyor making it is satisfied that-
(a) the hull, boilers, engines and other machinery of the24[mechanically propelled vessel] are sufficient for the voyage or service intended and in good condition, and
(b) the equipments of the24[mechanically propelled vessel] and the certificates of the master and engineer are such and in such condition as are required by any law for the time being in force and applicable to the24 [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 the24[mechanically propelled vessel] will be sufficient;
(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other machinery or equipments, the24[mechanically propelled vessel] is in the surveyor's judgment not fit to ply;
(iii) the number of passengers (it any) which the steam-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,23[* * *]
23[(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.
SECTION 08: SENDING OF DECLARATION BY OWNER OR MASTER TO STATE GOVERNMENT
(1) The owner or master of a27[mechanically propelled vessel] to whom a declaration is given undersection 7-shall, within fourteen days after the date of the receipt thereof send the declaration to such officer as the25[State Government] may, by notification in the26[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.
SECTION 09: POWER FOR STATE GOVERNMENT TO GRANT OR AUTHORISE THE GRANT OF CERTIFICATES OF SURVEYS
(1) The28[State Government] shall, if satisfied that all the provisions of this Act have been complied with in respect of a declaration sent undersection 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 the29 [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 the28[State Government] may, by notification in the30 [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 undersection 8-, sub-section(2) (the actual amount of which within the limit thereby fixed shall be determined by the2828[State Government]), the certificate, in duplicate, so prepared shall be granted to the owner or master by the28 [State Government] and issued to him through such
(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 the29[mechanically propelled vessel] and the declaration of survey have been complied with, and shall set forth-
(a) the particulars concerning the30[mechan-cally propelled vessel] mentioned in the declaration of surveys as required by clauses (i), (ii) and (iii) ofsection 7-, and
(b) any other prescribed particulars.
(4) The28[State Government] may, by notification in the30[Official Gazette], delegate to any person all or any of the functions assigned to the28[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 undersection 7-.
SECTION 10: CERTIFICATE OF SURVEY TO BE AFFIXED IN CONSPICUOUS PART OF
31[mechanically propelled vessel]The owner or master of every31[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 the31[mechanically propelled vessel] is in use, on some conspicuous part of the31[mechanically propelled vessel] where it may be easily read by all persons on board.
SECTION 10A: EFFECT OF CERTIFICATES OF SURVEY
A certificate of survey shall have effect throughout the33[State] in which it was granted: Provided that such a certificate may be endorsed by the33[State Government] of any other33[State], or with the general or special sanction of the33[State Government] of that other33[State], by the authority granting it, so as to have effect in that other33[State] or any part thereof, and, if so endorsed, shall have effect accordingly.]
SECTION 11: TERM OF CERTIFICATES OF SURVEY
A certificate of survey shall not be in force34[in any35[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 the37[mechanically propelled vessel] to which the certificate relates have been stated in the certificate to be sufficient; or
(c) after notice has been given36[by the35[State Government]] of the35 [State] in which it was granted to the owner or master of such37 [mechanically propelled vessel,] that such35[State] Government has cancelled or suspended it.34[A certificateof survey shall not be in force in any35[State] by virtue of any endorsement in respect of that35[State], after notice has been given by the [State Government] of that35[State], to the owner or master of a37[mechanically propelled vesel,] that that Government has cancelled or suspended the endorsement].
SECTION 12: RENEWAL OF CERTIFICATES OF SURVEY
After a certificate of survey has ceased to be in force, the same shall only be renewed after a fresh survey of the38[mechanically propelled vessel] to which the certificate relates, has been held in accordance with the provision of this Chapter, save so for as any relaxation thereof may be prescribed.
SECTION 13: POWER FOR STATE GOVERNMENT TO SUSPEND OR CANCEL CERTIFICATE OF SURVEY
39[A certificate of survey or any endorsement thereon made undersection 10A-may be suspended or cancelled by the Government of the40[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 thed[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 the41[mechanically propelled vessel] have sustained any material injury, or have otherwise become insufficient.
SECTION 14: POWER FOR STATE GOVERNMENT TO REQUIRE DELIVERY OF EXPIRED OR CANCELLED CERTIFICATE
The42[State Government] may require any certificate of survey, which has expired or has been suspended or cancelled, to be delivered up to such officer as42[State Government] may, by notification in the43[Official Gazette] appoint in this behalf.44SECTION 15: REPORT OF SUSPENSION OR CANCELLATION OF CERTAIN CERTIFICATES
-45[If a [State Government] suspends or cancels an endorsement made undersection 10A-on a certificate of survey it] shall report the fact of suspension or cancellation, together with the reasons therefor, to the46[State Government] which (or whose delegate) granted the certificate.
SECTION 16: POWER FOR STATE GOVERNMENT TO DIRECT SURVEY BY TWO SURVEYORS
A survey shall ordinarily be made by one surveyor, but two surveyors may be employer if the47[State Government], by order in writing, so directs either generally in the case of all48[mechanically propelled vessel] at any place of survey or specially in the case of any particular48[mechanically propelled vessel] or class of [mechanically propelled vessels] at any such place.
SECTION 17: POWER FOR STATE GOVERNMENT TO ORDER A SECOND SURVEY
(1) If the surveyor making a survey of a50[mechanically propelled vessel] refuses to give a declaration undersection 7-with regard to the50[mechanically propelled vessel,] or gives a declaration with which the owner or master of the50[mechanically propelled vessel] is dissatisfied, the49[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 the49[State Government] may require, direct two other surveyors to survey the50[mechanically propelled vessel].
(2) The surveyors so directed shall forthwith survey the steam-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.
SECTION 18: DIVISION OF DUTIES WHEN TWO SURVEYORS EMPLOYED
When a survey is made by two surveyors under eithersection 1-orsection 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.
SECTION 19: POWER FOR STATE GOVERNMENT TO MAKE RULE'S AS TO SURVEYS
- (1) The51[State Government] may52[* * *] makes 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 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 undersections 7-and9-;
(d) the rates other than those mentioned in Schedule I according to which the
fees payable in respect of surveys are 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.
SECTION 19A: INLAND
54[mechanically propelled vessels not to proceed on voyage or be used for service without certificate of registration-
(1) An inland [mechanically propelled vessel] shall not proceed on any voyage or be used for any service, unless it has a certificate of registration in force in respect thereof and granted under this Act.
(2) Nothing in this section shall-
(a) apply to any [mechanically propelled vessel] built at any place other than a place of registry and making her first voyage to any such place for the purpose of registration; or
(b) be in derogation of the provisions contained insection 3-.
SECTION 19B: PLACE OF REGISTRY AND REGISTERING AUTHORITIES
(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 registry; and
(b) appoint registering authorities at the said places for the purposes of this Act.
(2) Every person appointed as a registering authority shall, for the purposes of any registration made by him, be deemed to be a public servant within the meaning ofthe Indian Penal Code-.
SECTION 19C: BOOK OF REGISTRATION
At every place of registry, a book shall be kept by the registering authority in which all the particulars contained in the form of the certificate of registration shall be duly entered and such registering authority shall, immediately after registering any inland57[mechanically propelled vessel]] or within one month at the farthest. send to the State Government a true and exact copy, together with the number, of every certificate which shall be so granted by it.
SECTION 19D: APPLICATION FOR REGISTRATION
An application for registration of an inland59[mechanically propelled vessel] shall be made by the owner or master of the vessel in such form and shall contain such particulars as may be prescribed and shall be accompanied by a copy of the certificate of survey in force issued in respect of the vessel.
SECTION 19E: PLACES OF REGISTRATION
- (1) Every application for registration shall be made to a registering authority within the local limits of whose jurisdiction the owner of the inland62[mechanically propelled vessel] ordinarily resides or carries on business.
(2) Where the owner applying for a certificate of registration is a company61[within the meaning ofS. 3 of the Companies Act, 1956-], the application may be made to a registering authority within the local limits of whose jurisdiction the principal office of the company is situate.
(3) Notwithstanding anything contained in this section, an inland62 [mechanically propelled vessel] may be registered by a registering authority in any State, although the owner does not ordinarily reside or carry on business in that State or, if a company, the principal place of business of the company is not situate in that State:
Provided that the Government of the State in which the owner ordinarily resides or carries on business, or in the case of a company the Government of the State where the principal place of business of the company is situate, has accorded its previous approval thereto.
SECTION 19F: GRANT OF CERTIFICATE OF REGISTRATION
- (1) If in respect of any inland b [mechani- cally propelled vessel] the registering authority, after maing such inquiry as it thinks fit, is satisfied that the provisions of this Act or of any rules made thereunder have been complied with, it shall grant to the applicant therefor a certificate of registration comprising such particulars as may be prescribed on payment of the prescribed fee.
(2) A registering authority may refuse to register an inland64 [mechanically propelled vessel,] if she is found to be mechanically defective, or if the applicant fails to furnish satisfactory evidence in support of any of the statements made in his application:
Provided that where the registering authority refuses to register any inland64 [mechanically propelled vessel,] it shall furnish to the applicant a statement in writing containing the reasons for such refusal.
SECTION 19G: AUTOMATIC REGISTRATION OF INLAND STEAM-VESSELS REGISTERED UNDER THE MERCHANT SHIPPING ACTS
[Omitted by Act 35 of 1977, S. 9 (1-5-1978).]
SECTION 19H: MARKING OF INLAND [MECHANICALLY PROPELLED VESSEL]
Where an inland66[mechanically propelled vessel] has been registered under this Chapter, the registering authority shall assign to the vessel, to be displayed thereon conspicuously in the prescribed manner, a distinguishing mark, hereinafter in this Act referred to as the registration mark.
SECTION 19I: PROHIBITION AGAINST TRANSFER OF CERTIFICATE OF REGISTRATION
(1) A certificate of registration granted in respect of any inland68[mechanically propelled vessel] shall be used only for the lawful navigation of that vessel.
(2) A certificate of registration in respect of an inland68[mechanically propelled vessel] issued by a registering authority in one State shall be valid for that State only, but where any such vessel piles in69[inland waters of any other State], nothing in this section shall be deemed to require the owner or master of the vessel to obtain a fresh certificate of registration in relation to the State or States in which the vessel is not so registered :70[* * * * *]
(3) When an inland mechanically propelled vessel registered in one State has been kept in another State for a period exceeding twelve months, the owner or master of the vessel shall make an application undersection 19K-to the registering authority, within whose jurisdiction the vessel then is, for the transfer of registry from the registering authority of the place where the vessel is registered.
SECTION 19J: REGISTRATION OF ALTERATIONS
(1) When an inland72[mechanically propelled vessel] is so altered as not to correspond with the particulars relating to her or the description entered in the certificate of registration then the owner of the vessel shall, within such period as may be prescribed, make a report of such alteration to the registering authority of the place where the vessel is registered.
(2) The report under sub-section (1) shall be made in such form and shall contain such particulars with respect to the alteration as may be prescribed and shall be accompanied by the certificate of registration in force in respect of the vessel at the time of the report.
(3) The registering authority, on receipt of the report under sub-section (1) and on payment of the prescribed fee, shall either cause the alteration to be registered or direct that the vessel be registered anew:
Provided that where the registering authority directs that the vessel be registered anew, it shall either grant a provisional certificate describing the vessel as altered or provisionally endorse the particulars of the alteration on the existing certificate.
(4) Any provisional certificate granted or endorsement made under the provisions of this section shall be valid for a period of one month from the date thereof, within which period the owner shall cause all necessary steps to be taken to have the vessel registered anew.
SECTION 19K: TRANSFER OF REGISTRY
- (1) The registry of an inland77[mechanically propelled vessel] may be transferred from one place in a Statute another place in another State on the application by the owner or master of the vessel to74[the registering authority of the State in which the vessel is kept registered.]
(2) On receipt of such application, the registering authority shall transmit notice thereof to75[the registering authority of the place where the vessel is kept registered.]
76 [(3) The certificate of registration in respect of the vessel shall be delivered up to the registering authority of the intended place of registry, along with the application.
76 [(4) On receipt of the application under sub-section (1) and the prescribed fee, if any. the registering authority of the intended place of registry shall enter in its register book all the particulars relating to the vessel and grant a fresh certificate of registration in respect of the vessel and thenceforth such vessel shall be considered as registered at the new place of registry.
(5) A State Government may make rules undersection 19R-requiring the owner or master of an inland mechanically propelled vessel not registered within the State which is brought into or is, for the time being in the State, to furnish to a prescribed authority in the State such information with respect to the inland mechanically propelled vessel and its registration as may be prescribed.]
SECTION 19L: CHANGE OF RESIDENCE OR PLACE OF BUSINESS
- (1) If the owner of an inland79[mechanically propelled vessel] ceases to reside or carry on business at the address recorded in the certificate of registration of the vessel, he shall, within thirty days of the change of address, intimate his new address to the registering authority by which the certificate of registration was granted, or, if the new address is within the jurisdiction of another registering authority, to that registering authority, and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered thereon.
(2) Where a registering authority other than the original registering authority makes any such entry, it shall communicate the new address to the original registering authority.
SECTION 19M: PROHIBITION AGAINST TRANSFER OF OWNERSHIP OF REGISTERED VESSEL
Provided that where an inland81[mechanically propelled vessel] is82
[registered or deemed to be registered underthe Merchant Shipping Act, 1958-], this sub-section shall have effect as if for the words "the Government of the State in which the vessel is registered" the words "the Central Government" had been substituted.
(2) Subject to the provisions of sub-section (1), the owner of an inland81 [mechanically propelled vessel]
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