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INLAND WATER WAYS AUTHORITY OF INDIA ACT, 1985

INLAND WATER WAYS AUTHORITY OF INDIA ACT, 1985

82 of 1985

30th December, 1985

Several committees set up by the Government of India have recommended declaration of important navigable waterways as national waterways and acceleration of their development for promotion of inland water transport in view of its low cost and for securing certain other advantages such as energy efficiency, generation of employment among weaker sections of community and less pollution. 2. The National Transportation Policy Committee has observed that the exising set up of Inland Water Transport Directorate in the Ministry of Shipping and Transport is not geared to undertake and discharge the responsibility for porper development of National Waterways as this is merely an advisory body without any powers to allocate funds for development schemes and their execution. To overcome this difficulty the committee recommended setting up of an independent authority for the development, maintenance and regulation of National Waterways. It is, therefore, proposed to set up an Inland Waterways Authority of India which would be an independent authority for the development, maintenance and regulation of National Waterways for shipping and navigation and also to organise studies and investigation on waterways under consideration for declaration as national waterways. 3. The Bill seeks to achieve the above objects. -Gaz. of Ind., 28-8-1985. Pt. II. S. 2, Ext.. p. 14 (No. 53).

An Act to provide for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental. thereto. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows :-

SECTION 01: SHORT TITLE AND COMMENCEMENT

(1) This Act may be called The Inland Waterways Authority of India Act, 1985

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

- In this Act, unless the context otherwise requires,-

(a) "appurtenant land" means all lands appurtenant to a national waterway, whether demarcated or not;

(b) "Authority" means the Inland Waterways Authority of India constituted undersection 3-;

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

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

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

(g) "member" means a member of the Authority appointed under subsection (3) of section 3-;

(h) "national waterway" means the inland waterway declared by section 2 of the National Waterway (Allahabad-Haldiai Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982, to be a national waterway.

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

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

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

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

SECTION 03: CONSTITUTION AND INCORPORATION OF THE INLAND WATERWAYS AUTHORITY OF INDIA

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

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

zza"(3) The Authority shall consist of the following members, namely:—

(a) a Chairman;

(b) a Vice-Chairman;

(d) not more than three part-time members, to be appointed by the Central Government by notification in the Official Gazette.".

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

SECTION 04: CONDITIONS OF SERVICE OF MEMBERS

The term of office and other conditions of service of the members shall be such as may be prescribed.

SECTION 04A: DISQUALIFICATIONS FOR APPOINTMENT AS MEMBER

zzbA person shall be disqualified for being appointed as a member, if he—

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

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

(e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.".

SECTION 05: POWERS OF CHAIRMAN AND VICE-CHAIRMAN

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

(2) The Vice-Chairman of the Authority shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated to him by the Authority.

SECTION 05A: MEETINGS

zzc

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

(2) The Chairman or in his absence, the Vice-chairman, or in the absence of both, such other member as is chosen by the members present at the meeting of the Authority shall preside at the meeting.

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

SECTION 06: REMOVAL ETC., OF MEMBERS

(1) The Central Government may remove from the Authority any member who, in its opinion,-

(a) refuses to act,

(b) has become incapable to act,

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

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

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

(4) A member who has been removed under this section shall not be eligible for reappointment as a member or in any capacity under the Authority.

SECTION 07: VACANCY, ETC., NOT TO INVALIDATE PROCEEDINGS OF THE AUTHORITY

- No act or proceeding of the Authority shall be invalidated merely by reason of-

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

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

SECTION 08: SECRETARY AND OTHER OFFICERS

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

(2) The terms and conditions of service of the Secretary and other officers and employees of the Authority shall be such as may be determined by regulations.

SECTION 09: ADVISORY COMMITTEES

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

(2) Every Advisory Committee shall consist of such number of persons connected with shipping and navigation and allied aspects as the Authority may deem fit.

SECTION 10: AUTHORITY TO ACT ON BUSINESS PRINCIPLES

In the discharge of its functions under this Act, the Authority shall act, so far as may be on business principles.

SECTION 11: TRANSFER OF ASSETS AND LIABILITIES OF THE CENTRAL GOVERNMENT TO THE AUTHORITY

-(1) As from such day as the Central Government may appoint by notification in the Official Gazette,-

(a) all properties and other assets vested in the Central Government for the

purposes of Inland Water Transport Directorate, and administered by the Chief

Engineer-cum- Administrator, Inland Water transport Directorate, immediately before such day shall vest in the Authority;

(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Central Government immediately before such day for or in connection with the

purpose of Inland Water Transport Directorate shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority.

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

Government, be treated as capital provided by the Central Government to the Authority:-

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

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

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

(f) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with such affairs of the Inland Water Transport Directorate as are relevant to the functions of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respect remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Authority had not been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the Authority

his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service.

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

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

SECTION 12: CONTRACTS BY THE AUTHORITY

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

SECTION 13: MODE OF EXECUTING CONTRACTS ON BEHALF OF THE AUTHORITY

(1) Every contract shall, on behalf of the Authority, be made by the Chairman or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority: Provided that no contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for aterm exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Central Government.

(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be prescribed by regulations.

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

SECTION 14: FUNCTIONS OF THE AUTHORITY

- (1) The Authority may-

(a) carry out surveys and investigations for the development, maintenance and better utilisation of the national waterways and the appurtenant land for shipping and navigation and prepare schemes in this behalf;

(b) provide or permit setting up of infrastructural facilities for national waterways;

(c) carry out conservancy measures and training works and do all other acts necessary for the safety and convenience of shipping and navigation and improvement of the national waterways;

(d) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterways and appurtenant land, in so far as they may affect safe and efficient, shipping and navigation, maintenance of navigable channels, river training and conservancy measures;

(e) remove or alter any obstruction or impediment in the national waterways and the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration;

(f) Provide for the regulation of navigation and traffic (including the rule of the road) on national waterways;

(g) regulate the construction or alteration of structures on across or under the national waterways;

(h) disseminate navigational meteorological information about national waterways;

(i) ensure co-ordination of inland water transport on national waterways with other modes of transport; and

(j) establish and maintain pilotage on national waterways.

zzd(k) enter into joint ventures concerning inland shipping by way of equity participation.

(2) The Authority may also-

(a) advise the Central Government on matters relating to inland water transport;

(b) study the transport requirement with a view to coordinating inland water transport with other modes of transport;

(d) assist, on such terms and conditions as may be mutually agreed upon, any State Government in formulation and implementation of scheme for inland water transport development;

(e) develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed upon, in India and abroad in relation to planning and development of waterways for shipping and navigation or any facility thereat;

(f) conduct research in matters relating to inland water transport including development of craft design mechanisation of country crafts, technique of towage, landing and terminal facilities, port installations and survey techniques;

(g) lay down standards for classification of inland waterways;

(h) arrange programme of technical training for inland water transport personnel within and outside the country; and

(i) perform such other functions as may be necessary to carry out the provisions of this Act.

(3) Any dispute arising out of or concerning the compensation referred to in clause (e) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes.

(4) Every scheme, prepared by the Authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the amount as may be prescribed, shall be submitted to the Central Government for approval.

(5) The Central Government may either approve the scheme submitted to it under sub-section (4) without modification or with such modifications as it may consider necessary or reject the scheme with directions to the Authority to prepare a fresh scheme according to such directions.

SECTION 15: AMENDMENT OF SCHEMES

The Authority shall not make any material change in the scheme approved under sub-section (5) of section 14-without the prior approval of the Central Government.

SECTION 16: POWER TO FIX MAXIMUM AND MINIMUM RATES FOR PASSENGER FARES AND FREIGHT FOR GOODS

[Omitted by Inland Waterways Authority of India (Amendment) Act (8 of 1994), S. 2 (7-1-1994)].

SECTION 17: LEVY AND COLLECTION OF FEES AND CHARGES

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

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

SECTION 18: GRANTS AND LOANS BY THE CENTRAL GOVERNMENT

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

SECTION 18A: BORROWING POWERS OF THE AUTHORITY

zzeThe Authority may, in such manner and subject to such terms and conditions as may be determined by regulations, borrow money from any source by the issue of bonds, debentures or other instruments as it may think fit for discharge of all or any of its functions under the Act.".

SECTION 19: CONSTITUTION OF THE FUND

(1) There shall be constituted a Fund to be called the Inland Waterways Authority of India Fund and there shall be credited thereto-

(a) any grants and loans made to the Authority by the Central Government under Section 18-;

(b) all fees and charges received by the Authority under this Act; and

(2) The Fund shall be applied for meeting-

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

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

SECTION 20: BUDGET

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

SECTION 21: INVESTMENT OF FUNDS

The Authority may invest its funds (including any reserve fund) in the securities of the Central Government or in such other manner as may be prescribed.

SECTION 22: ANNUAL REPORT

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

SECTION 23: ACCOUNTS AND AUDIT

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

SECTION 24: ANNUAL REPORT AND AUDITORS' REPORT TO BE LAID BEFORE PARLIAMENT

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

SECTION 25: POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS

(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time : Provided that the Authority shall, as far as practicable be given opportunity to express its views before any direction is given under this sub-section.

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

SECTION 26: COMPULSORY ACQUISITION OF LAND FOR THE AUTHORITY

Any land required by the Authority for discharging its functions under this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894or of any other corresponding law for the time being in force.

SECTION 27: APPLICATION, ETC., OF CERTAIN LAWS

- (1) The provisions of this Act shall be in addition to the provisions of the Indian Ports Act, 1908andthe Major Port Trusts Act, 1963and in particular nothing in this Act shall affect any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by-

(a) the conservator of any port or by any officer or authority under the Indian Ports Act, 1908, or

(b) the Board of Trustees for any major port or by any officer or authority under the Major Port Trusts Act, 1963, in or in relation to any portion of an inland waterway (including the national waterway) falling within the limits of such port or major port.

(2) Nothing in this Act shall affect the operation of the Inland Vessels Act, 1917or any other Central Act (other than the Indian Ports Act. 1908andthe Major Port Trusts Act, 1963) or any State or Provincial Act in force immediately before the commencement of this Act with respect to shipping and navigation on any national waterway2[x x x].

SECTION 28: POWER TO ENTER

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

(a) make any inspection, survey, measurement, valuation or inquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work;

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

(f) do such other acts or things as may be prescribed : Provided that no such person shall enter any building or any enclosed Court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty four hours' notice in writing of his intention to do so.

SECTION 29: DELEGATION

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

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INLAND WATER WAYS AUTHORITY OF INDIA ACT, 1985

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