LexThe ASSAM INLAND WATER TRANSPORT REGULATORY AUTHORITY ACT, 2018 (SINGLE DOCUMENT)
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ASSAM ACT NO. XXVII OF 2018
(Received the assent of the Governor on 15th November, 2018)
THE ASSAM INLAND WATER TRANSPORT REGULATORY
AUTHORITY ACT, 2018
AN
ACT
Preamble.
to provide for the constitution of an Inland Water
Transport Regulatory Authority to promote the
development of safe, efficient, reliable and
environmentally sound inland water transport and terminal
services for the benefit of ferry users, freight consigners
and water tourism, in the State of Assam.
Whereas it is expedient for the constitution of an
Inland Water Transport Regulatory Authority to promote
the development of safe, efficient, reliable and
environmentally sound inland water transport and
terminal services for the benefit of ferry users, freight
consigners and water tourism, in the State of Assam, and
for matters connected therewith or incidental there to ;
It is hereby enacted in the Sixty-ninth Year of the
Republic of India, as follows :-
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement.
1.
(1) This Act may be called the Assam Inland Water
Transport Regulatory Authority Act, 2018.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette,
appoint:
Provided that the Government may notify different
dates for different provisions of this Act and any
reference in any such provision to the commencement of
this Act shall be construed as a reference to the coming
into force of that provision.
2
Definitions 2.
In this Act, unless the context otherwise requires,-
(i) "accident" means an unforeseeable and unexpected turn
of events that causes loss in value, injury, loss of life and
increased liabilities in relation to inland water transport;
(ii) "Bank" means a nationalized or scheduled bank;
(iii) "Regulatory Authority" means Assam Inland Water
Transport Regulatory Authority;
(iv) "cargo" includes anything carried or to be carried in the
vessel;
(v) "cargo vessel" means a vessel which is not a passenger
vessel;
(vi) "company" means a company as defined in section 3 of
the Companies Act, 2013;
(vii) "conservancy" means development of waterfront
including dredging, river training and management of
fairway;
(viii) "consumer" means any person who pays a
consideration for a service provided to him by any
passenger vessel or cargo vessel;
(ix) "court" means a civil, criminal and revenue court of
the competent jurisdiction;
(x) "dock" means an area of water in a port that can be
closed off and that is used for putting goods onto and
taking them off vessels or repairing vessels;
(xi) "facilitation centre" means a one stop service centre for
customers and service providers who have to visit the
Regulatory Authority or its sub offices for certificates,
permits or any other services incidental thereto;
(xii) "ferry" means a vessel providing passenger transport
services or combined passenger and vehicular (Ro Ro)
transport services across or along a inland waterways
within the State of Assam irrespective of the operating
agency;
(xiii) "Indigenous design" means such vessel designs which
has been designed by the local communities in the State
of Assam;
Act 1 of
2013.
3
(xiv) "manufacturing company" means any company which
builds or manufactures ferries, vessels or any part or
equipment thereof;
(xv) "master" includes any person (except a pilot or harbour
master) having command or charge of a vessel;
(xvi) "officer" including conservator means officer
designated/appointed by the Regulatory Authority to be
the proper officer at the port or place and in respect of
the matter to which reference is made in the provision
of this Act in which the expression occur;
(xvii) "operator" means and includes any person or entity
who operates, controls, or supervises any vessel, port,
terminal, vessel, building, yard, freight Vessel, tourist
cruise or any other industry support service providers
or any independent contractor performing such services
or navigation and Tansportation in inland waters;
(xviii) "owner" means,-
(i) in relation to a vessel, the person to whom the Vessel
or a share in the Vessel belongs;
(ii) "passenger" means any person carried on a vessel
except,-
(a) person employed or engaged in any capacity on
board the vessel on the business of the vessel;
(b) person on board the vessel either in pursuance of
the obligations laid upon the master to carry
wrecked, distressed or other persons or by reason
of any circumstances which neither the master nor
the charterer, if any, could have prevented or
forestalled;
(xix) "Passenger Vessel" means a Vessel with the
registered capacity to carry passengers;
(xx) "pollutant" means 'environmental pollutant' as
defined in section 2(b) of the Environmental
Protection Act of 1986;
(xxi) "pollution" means and includes,-
(a) such contamination of water or such alteration of
the physical, chemical or biological properties of
water or such discharge of any sewage or trade
effluent or of any other liquid, gaseous or solid
substance into water (whether directly or
indirectly) as may or is likely to, create a
nuisance or render such water harmful or
Central Act
29 of 1986
4
injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or
other legitimate uses, or to the life and health of
animals or plants or of aquatic organisms;
(b) any solid, liquid or gaseous substance (including
noise) present in the atmosphere in such
concentration as may be or tend to be injurious to
human beings or other living creatures or plants
or property or environment;
(xxii) "port" means a place and shall be construed as
understood within the meaning of the Indian Ports Act,
1908;
(xxiii) "prescribed" means prescribed by rules made by the
State Government or the regulations made by the
Regulatory Authority, as the case may be, under the
relevant provisions under this Act;
(xxiv) "safety certificate" means, prescribed mandatory
certificate issued to a vessel by Regulatory Authority or
another competent authority approved by the
Regulatory Authority;
(xxv) "State Government" means the Government of Assam;
(xxvi) "surveyor" means a person appointed by the
Regulatory Authority who inspects, surveys, examines,
assesses, monitors and reports the condition of any
vessel, and cargo to the Regulatory Authority;
(xxvii) "tariff" means the schedule of rates for the services
provided by the operators and owners which in the case
of ferry and passenger services shall be determined by
the State Government from time to time;
(xxviii) "terminal" means an area, land, building/establishment
at a port that is used by the passengers or cargoes
leaving or arriving by vessel;
(xxix) "vessel/ship" means an inland mechanically/electric/
electronic propelled vessel used for ferrying passengers
or goods/cargo or both;
(xxx) "wreck" includes the following when found in the
waterways or on the shores thereof:-
(a) goods which have been cast into the waterways and
then sink and remain under water;
(b) goods which have been cast or fallen into the
waterway and remain floating on the surface;
Central Act
15 of 1908
5
(c) goods which are sunk in the waterway, but are
attached to a floating object in order that they may
be found again;
(d) goods which are thrown away or abandoned; and
(e) a vessel abandoned without hope or intention of
recovery.
CHAPTER II
THE ASSAM INLAND WATER TRANSPORT
REGULATORY AUTHORITY
Establishment
of the
Regulatory
Authority.
3.
(1) The State Government shall, by notification in the
Official Gazette, constitute a Regulatory Authority under
the name and style "THE ASSAM INLAND WATER
TRANSPORT REGULATORY AUTHORITY".
(2) The Regulatory Authority constituted under section (1),
shall exercise such powers as may he conferred on it, and
discharge such functions assigned to it under the Act and
the rules made there under.
Appointment of
Chairperson
and other
Members.
4.
(1) The Regulatory Authority shall consist of,-
(a) a Chairperson to he appointed by the State
Government from amongst officers, serving or
retired, not below the rank of Commissioner &
Secretary to the Government of Assam, having
experience in the field of public administration,
regulation, law enforcement and financial
management.
(b) not less than two members and not more than four
members to be appointed by the State Government
from amongst persons of ability, integrity and
standing, half of which will constitute persons having
experience in management and administration of
inland waterways, marine engineering, transport,
environmental science, environmental law, voluntary
organisations, maritime industry, economic
development, social welfare, etc and the other half
having experience in law and administration:
Provided that at least one Member of the
Regulatory Authority shall be a woman having
requisite qualification under this clause.
(c) A Secretary to be nominated by the State Government
from amongst the officers of the civil service of the
State holding a post not below in rank than that of a
Deputy Secretary or equivalent.
6
(2) Till the chairperson and members of the Authority are
appointed, the senior most Secretary of the Transport
Department, Government of Assam shall perform the
functions of the Regulatory Authority.
Resignation
and removal of
Chairperson
and Members.
5.
(i) The Chairperson or any Member may, by notice in
writing under their own hand addressed to the Governor
of the State of Assam, resign his office.
(ii) Notwithstanding anything in sub-section (1) of section 4,
the State Government may, by order, remove the
Chairperson or a Member from his office if such
Chairperson or Member,-
(a) is adjudged an insolvent; or
(b) has been convicted of an offence; or
(c) engages during his term of office in any paid
employment outside the duties of his office; or
(d) is, in the opinion of the State Government, unfit to
continue in office by reason of infirmity of mind or
body; or
(e) has acquired such financial or other interest as is
likely to affect prejudicially his functioning; or
(f) is in any way, concerned or interested in any contract
or agreement made by or on behalf of the Regulatory
Authority or participates in any way in the profit
thereof or in any benefit or emolument arising there-
from otherwise than as a member and in common
with the other members of an incorporated company,
and is held guilty of misbehavior; or
(g) is of unsound mind and stands so declared by a
competent court; or
(h) is convicted and sentenced to imprisonment for an
offence which in the opinion of the Governor of the
State of Assam involved moral turpitude.
(iii) No person shall be removed under this section until that
person has been given an opportunity of being heard in
the matter.
7
Term of office
of the
Chairperson
and Members
of the
Regulatory
Authority.
6.
The Chairperson and Members shall hold office for such
term as the Government may provide, but not exceeding
five years:
Provided that no Chairperson or Member shall hold
office after he has attained the age of sixty-five years.
Terms and
conditions of
service of the
Chairperson
and Members
of the
Regulatory
Authority.
7.
The salaries and allowances payable to, and the other
terms and conditions of service of the Chairperson and
Members shall be such as may be prescribed by the State
Government under the rules:
Provided that neither the salary and allowances nor
the other terms and conditions of service of the
Chairperson and Members shall be varied to his
disadvantage after his appointment.
Member to act
as Chairperson
or to discharge
his functions in
certain
circumstances.
8.
(1) In the event of the occurrence of any vacancy in the
office of the Chairperson by reason of his death,
resignation or otherwise, the State Government may, by
notification, authorize one of the members to act as the
Chairperson until the new Chairperson is appointed to
fill such vacancy.
(2) When the Chairperson is unable to discharge his
functions owing to absence on leave or otherwise, the
State Government may, by notification, authorize one of
the members to act as the Chairperson until the date on
which the Chairperson resumes his duties.
Vacancies not
to invalidate the
proceedings of
the Regulatory
Authority.
9.
(1) Any vacancy in the office of the Chairperson or a
Member of the Regulatory Authority shall be filled by
the State Government as per provisions of rules framed
under section 56 by notification in the Official Gazette,
as soon as may be, after the occurrence of the vacancy,
other than a casual or temporary vacancy.
(2) The salary, allowances and other terms and conditions of
service of the Chairperson and Members of the
Regulatory Authority shall be such as may be prescribed
by the State Government under the rules:
Provided that their salary, allowances and other
terms and conditions of service shall not be varied to
their disadvantage after appointment.
Procedure to be
regulated.
10.
(1) The Regulatory Authority shall have the powers to make
regulations to regulate its own procedure within the
framework of this Act.
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(2) All orders and decisions of the Regulatory Authority
shall be authenticated by the Secretary or any other
officer of the Regulatory Authority as may be duly
authorized by the Chairperson.
Officers and
staff of the
Regulatory
Authority.
11.
(1) The Regulatory Authority for the purpose of enabling it
to efficiently discharge its functions under this Act may
create posts of officers, employees, as it considers
necessary with prior approval of the State Government.
(2) The Regulatory Authority may obtain services of
consultants, advisors, lawyers and agents as may be
necessary to carry out the functions of the Regulatory
Authority by engaging them on contract basis and
provide for their remuneration consistent with industry
practices in India.
(3) The Chairperson, Members and officers of the
Regulatory Authority shall be deemed to be public
servants within the meaning of section 21 of the Indian
Penal Code, 1860.
Act No 45 of
1860
Offices of the
Regulatory
Authority.
12. (1) The head office of the Regulatory Authority shall be at
such place as the State Government may determine by
notification published in the Official Gazette.
(2) The Regulatory Authority may, by notification in the
Official Gazette and with prior approval of the State
Government, establish sub-offices and citizen facilitation
centers at such other places, as may be considered
necessary.
(3) The Regulatory Authority shall have its sittings at the
head office or any other place and at such time as the
Chairperson may direct, and shall observe such
procedure in regard to the transaction of business in its
sittings as may be prescribed by the Regulatory
Authority
9
Divisions of the
Regulatory
Authority.
13.
(1) The Regulatory Authority shall have such number of
Divisions or Departments, to administer and enforce the
provisions relating to safety, environment, trade, and
dispute resolution and for any other activities or purposes
as may be determined by the Regulatory Authority.
(2) Each Division or Department shall be headed by an
officer appointed by the State Government, to be
designated as the Head of that Division or Department
who shall function under the superintendence, direction
and control of the Chairperson of the Regulatory
Authority.
(3) The Regulatory Authority may set up administrative
divisions required for its proper functioning, such as
information technology, administration, finance and any
other, in the manner as may be prescribed by rules made
by the State Government.
CHAPTER III
THE FUNCTIONS AND POWERS OF THE
REGULATORY AUTHORITY
The Functions
of the
Regulatory
Authority.
14.
(1) The Regulatory Authority shall perform the following
functions as per the provisions of this Act and the Rules
framed thereunder:-
(a) To regulate the activities of inland water transport
operators;
(b) To regulate the activities of inland water port and
terminal service operators;
(c) To register vessels, operators, issue licenses,
certificates. permits, approvals, and maintain central
data base as prescribed.
(d) To ensure compliance with prescribed safety and
environmental regulations for ports, terminals,
vessels, navigation and other inland water transport
activities;
(e) To protect the interest of the consumers under this
Act;
(f) Frame regulations and detailed guidelines and issue
executive instructions for its proper functioning;
(g) To furnish the required reports;
(h) To enforce penalties;
(i) To perform any other related function as may be
assigned to it by the State Government from time to
time.
10
(2) Without prejudice to the generality of the provisions
contained under sub-section (I), the Regulatory Authority
may,-
(a) perform all functions and duties required to be
performed under this Act including conservancy;
(b) approve and implement environmental, economic,
safety management and emergency plans;
(c) recommend to the State Government amendments to
this Act;
(d) cooperate with Inland Waterways Authority of India
and work on cooperative work programmes at
national and state level in consultation with Central
and State Government;
(e) render advice to the State Government on matters
relating to Inland Water Transport;
(f) encourage indigenous design and manufacture of
vessels, ferries, and their components by acting as
catalytic agent;
(g) cause to establish a training institute for the capacity
building of inland waterways transport service
provider, inland vessels masters and crew,
stakeholders, including its own and DIWTA officers
and employees;
(h) engage in scientific and applied research for efficient
implementation of this Act;
(i) carry out analysis of inland water traffic data and
prepare annual reports on the overall inland
waterways development in the State of Assam, make
projections for inland waterways traffic demand in
Assam, and assist vessel/cargo/ferry operators to draw
up their expansion plans;
(j) promote multi modal transport system for benefit of
consumers and trade;
(k) promote public private partnerships, private
participation and outsourcing for effective
implementation of this Act;
(l) take all necessary steps for, or may be incidental to
the exercise of any power or the discharge of any
function conferred or imposed on it by this Act;
11
(m) carry out any other function, duty and responsibility
which may be entrusted to it by the State
Government; and
(n) lay down minimum standards of quality of service to
be provided by the inland water transport operators,
ferry service providers, inland water traffic service
providers, and monitor and enforce the set
performance standards relating to continuity,
reliability and quality of service.
The Powers of
the Regulatory
Authority.
15.
(1) The Regulatory Authority may,-
(i) if and when considers it expedient so to do, may, by
order in writing, call upon any inland waterway service
provider at any time to furnish in writing information,
including financial data, or explanation relating to its
functions as the Regulatory Authority may require;
(ii) issue improvement or prohibitory notices to a vessel,
port, company, owner, terminal operator as the case may
be;
(iii) make an inquiry in relation to the affairs of any inland
waterways operator or service provider or may appoint
any of its officers to inspect the books of account or other
document of any inland waterways operator or service
provider;
(iv) itself investigate or form committee to independently
investigate any inland waterways related accidents;
(2) The State Government may in appropriate cases, if so
wishes, by order in writing, authorize the Ministry of
Transport to have general superintendence over the
Regulatory Authority especially for the purpose of
policing waterways of Assam in the interest of security,
safety and prevention of pollution in such waterways.
The State
Government
may empower
the Regulatory
Authority.
16.
The State Government may empower the Regulatory
Authority,-
(i) to realise and regulate any or all of the passenger tariffs,
tolls or fees ;
(ii) to realise and regulate any or all of the cargo tariffs tolls
and fees ;
(iii) to regulate passenger and vessel route licensing and
allocation ;
12
(iv) to regulate passenger and vessel landings, terminal
landings;
(v) to regulate fair competition amongst public and private
players;
(vi) to oversight complaints through its dispute settlement
department ; and
(vii) to address the disputes in public private partnership
arrangements.
Regulatory
Authority to
have same
powers as
vested in a Civil
Court.
17.
The Regulatory Authority shall, while discharging its
functions under this Act, have the same powers as are vested
in a civil court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters,
namely:-
(i) summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and
to produce the documents or things;
(ii) requiring the discovery and inspection of documents;
(iii) receiving evidence on affidavit; and
(iv) requisitioning any public record or copies thereof from
any court or office;
Central Act
5 of 1908
Transparency
and Good
Governance.
18.
The Regulatory Authority shall ensure good governance,
transparency and fairness while exercising its powers,
functions and duties as enshrined under this Act by
engaging in due consultations with all stakeholders and
making all its decisions fully documented and available
for public information.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT, AND
ANNUAL REPORT
Finances of the
Regulatory
Authority.
19.
(1) (a) There shall be a fund to be known as the "Regulatory
Authority Fund" vested in the Regulatory Authority
which shall be utilised by the Regulatory Authority to
meet all expenditure in connection with their functions
under this Act. The Regulatory Authority Fund shall be
drawn from and comprise of,-
(i) Consolidated Fund of the State of Assam;
(ii) grants made by the Government;
(iii) loans obtained from the Government; and
13
(iv) revenues generated by the Regulatory
Authority.
(b) The expenditure of the Regulatory Authority shall be
borne out of the Consolidated Fund of the State of
Assam, and through the revenues generated by the
Regulatory Authority itself;
(c) The Regulatory Authority shall prepare and submit its
annual budget along with utilization plans to the State
Government two months before the expiry of the
financial year for the following financial year in such a
manner as may be prescribed by the State Government
and the State Government shall dispose of the same
within two months of the receipt thereof.
(d) The Regulatory Authority shall prescribe and levy
reasonable tees and collect the same for the services
rendered, documents issued, licenses granted or
information provided by it.
(e) The schedule of fees prescribed from time to time shall
be published, placed in the public domain, displayed
prominently in the offices of the Regulatory Authority
and given wide publicity.
Bankers of the
Regulatory
Authority.
20.
The Bankers of the Regulatory Authority shall be any
Scheduled Commercial Bank as may be determined by
the Regulatory Authority.
Audit of
Accounts.
21.
(1) All accounts of receipts and expenditure of the
Regulatory Authority shall be maintained in the manner
prescribed by the State Government.
(2) The Accounts of the Regulatory Authority shall be
audited annually by a Chartered Accountant duly
appointed for the said purpose by the Regulatory
Authority.
(3) The result of Audit shall be subject to the scrutiny of
the Accountant General of the State of Assam.
(4) The result of Audit shall be communicated by the
Auditor to the Regulatory Authority through the
Member Secretary of the Regulatory Authority, who
shall submit a copy of the Audit Report along with its
observations to the State Government through the
Finance Department.
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Annual Report
22.
(1) The Regulatory Authority shall during each financial
year prepare an Annual Report of the working of the
Regulatory Authority and all work undertaken during
the year, together with Balance Sheet and Audited
Accounts, in such form and at such time as may be
prescribed, giving a true and full account of Its
activities during the previous financial year and an
account of the activities likely to be undertaken by it in
current financial year. A draft of the Annual Report
along with the Audited Accounts of the Regulatory
Authority, and the Auditor's Report thereon, shall be
placed before it in its Annual Meeting for approval and
copies of such report shall be forwarded to the State
Government.
(2) The State Government shall cause every such report to
be laid before the State Legislature as soon as may be
after the receipt of the report under sub-section (1) of
this section.
CHAPTER V
SAFETY OF VESSELS
Design
construction
and survey of
new vessels.
23.
All new vessels shall be designed and constructed as
per the recognized standards of construction and survey
rule for certification, prescribed by the Regulatory
Authority, from time to time.
Safety of
existing vessels.
24.
The existing vessels shall ensure compliance with
design, safety and retrofitting norms, as prescribed by
the Regulatory Authority. The Authority shall
determine and enforce a phasing out plan for all such
vessels which do not meet the design, safety and
retrofitting norms.
Design,
construction
and materials
of Vessels.
25.
The design, construction and materials of the hull
structure as well as machineries and equipment of the
vessels shall be suitably certified to ensure safe
operations of Vessels for the intended services. All
reasonable efforts shall be made for making passenger
vessels differently-abled friendly.
Registration of
all Vessels.
26.
All Vessels shall be registered with the Regulatory
Authority and have a unique registration number that
shall be provided by the Regulatory Authority. The
Registration number shall be prominently marked on
Vessels.
15
Knowledge and
skill of the
vessel operators
pilots, ferry
service
providers
27.
The vessel operators, pilots and the ferry service
providers shall have the appropriate ability of
professional knowledge and skill for relevant
operations to inland water environment, be familiar to
the procedures and requirements, pass corresponding
professional training and hold valid competency
certificates and conformity certificates issued by the
competent Authority lawfully authorized
in this behalf.
Carrying
capacity of all
Vessels.
28.
The carrying capacity of the Vessels shall be primarily
determined by the Regulatory Authority in terms of
passengers and cargo as prescribed.
Rules and
regulations for
monitoring and
periodical
survey.
29.
The Regulatory Authority shall prescribe rules and
regulations for monitoring and periodical survey of
ferries, and vessels from time to time.
Out of water
inspection by
operators.
30.
(1) The operators shall satisfy themselves about the
integrity of the ferry's and vessel's hull by an out of
water examination at least every 3 years (2 years in
case of wooden vessels) by the Surveyor appointed
under this Act or other technical persons appointed by
the Regulatory Authority and the same shall be
properly documented on safety certificate prescribed by
the Regulatory Authority.
(2) The external components of steering and propulsion
machinery and shell fittings shall also be examined out
of the water. The documented report of such
examination shall be made available on board for
verification by the Regulatory Authority, passengers,
passengers associations and non- governmental
organizations.
Safety briefing
to passengers.
31.
A safety briefing audio system shall be installed in all
vessels to give statutory safety briefing to passengers.
The safety briefing shall consist of restrictions about
the movement on board, emergency procedures,
location of emergency exits, stowage and use of
personal protective equipment such as life jackets and
other life saving or support devices or appliances.
Sufficient life
saving
equipment.
32.
Every vessel shall have approved lifesaving equipment
sufficient for the number of persons as per safety
certificate prescribed by the Regulatory Authority.
16
Provision of life
jackets.
33.
Every vessel shall have life jackets to be provided to
the passengers in case of need. All the lifesaving or life
support devices and appliances shall be properly
maintained and periodically serviced based on the
recommendations by the manufacturing company.
Provision of
First Aid Box.
34.
First Aid Box shall be kept essentially in every vessel
with all the emergency first aid equipment and
medications to be used in case of emergency
Provision of fire
extinguisher.
35.
At least one multipurpose portable fire extinguisher of a
recognized standard shall be carried on each deck of all
the vessels navigating in inland waterways in addition
to any other equipment, appliance or device as may be
prescribed by the Regulatory Authority.
List of
Prohibited
items.
36.
All the vessel operators shall prominently display
posters on board indicating items prohibited to be
carried on the Vessels as may be prescribed by the
Regulatory Authority.
Prohibition on
smoking.
37.
Smoking shall be strictly prohibited on the vessels,
except in identified smoking zones set up for the
purpose.
Navigation
lights on
Vessels.
38.
The ferries, vessels operating at night should be
equipped with navigation lights as prescribed by the
Regulatory Authority. The sound signaling equipment
shall also be provided on all vessels as prescribed by
the Regulatory Authority.
Emergency
communication
equipment.
39.
All vessels must carry prescribed emergency
communication equipment as prescribed by the
Regulatory Authority.
General safety
measures.
40.
Without prejudice to the generality of the provisions
contained in this chapter, the Regulatory Authority may
prescribe regulations to enhance safety culture, mitigate
dangers, identify risks, danger of moving machinery
parts, preventive measures for fire such as fining flame
gauze, emergency power and charging of batteries,
approved maritime radio communication, and such
other measures that shall ensure structural strength,
water tight integrity and stability of vessels.
17
Safety
measures for
fuel storage
tanks.
41.
On mechanized Vessels, safety measures for fuel
storage tanks shall be such as prescribed by 'the
Regulatory Authority.
Appointment of
surveyor.
42.
The Regulatory Authority shall appoint such number of
Surveyors in order to carry on regular inspection and
checking of ferries and vessels so as to ensure
compliance with all safety provisions of this Act.
Independent
investigation
into pollution
accident.
43.
Independent investigation into Vessels causing
pollution and accident shall be ordered as prescribed by
the Regulatory Authority.
Accident
identification
report.
44.
(1) The investigators shall prepare an accident
identification report within thirty days from the date of
completion of the investigation, and serve the same to
parties concerned.
(2) The accident identification report shall specify the basic
facts of the accident, the causes of the accident, the
responsibility for the accident, lessons learnt and
preventive action, if any.
(3) The Regulatory Authority shall publish findings of such
investigation report of safety accident and or pollution
incident.
(4) The Regulatory Authority shall have powers to grant
exemption and/or equivalence as prescribed, by the
Regulatory Authority.
CHAPTER VI
PREVENTION OF POLLUTION
Prevention and
control of
pollution.
45.
The structure, equipment and devices of a ferry or
vessel in respect of prevention and control of pollution
shall be such as prescribed by the Regulatory Authority.
The Regulatory Authority shall simultaneously provide
for approved waste disposal, reception facilities in its
ports, terminals at reasonable cost to the end user of
inland water transport services.
Survey for
compliance.
46.
The structure, equipment and devices of a ferry or
vessel shall be surveyed by a Surveyor that has been
appointed by the Regulatory Authority under this Act.
Pollution prevention equipment shall be kept in good
order and condition for emergency use.
18
Entry in
surveyor
certificate.
47.
An existing ferry or vessel may. upon survey by a
Surveyor, may be exempted from being equipped with
otherwise prescribed treatment facilities for pollutants
and in that event specific remarks shall be made on
prescribed safety certificate.
Requirement to
carry
certificates.
48.
A vessel shall, based on the requirements of the
relevant laws, administrative regulations, the provisions
of the transport department of Government of Assam,
possess and carry on board effective corresponding
certificates and documents in respect of the prevention
and control of pollution caused by vessels and their
relevant operations to inland waters environment.
Knowledge and
skill for the
prevention and
control of
pollution.
49.
The vessel operator and the ferry service provider shall
have the appropriate ability of professional knowledge
and skill for the prevention and control of pollution
caused by vessels and their relevant operations to
inland waters environment, be familiar with the
procedures and requirements for preventing the
pollution caused by vessels, pass corresponding
professional training and hold valid competency
certificates and Conformity Certificates. issued by the
competent authority lawfully authorised in the behalf.
Readiness for
rescue plan.
50.
The Regulatory Authority shall, in respect of the
dangerous characteristics of dangerous chemicals
transported, formulate contingency rescue plan for
dangerous chemicals accidents for the carrying vessels,
and shall equip the carrying vessels with sufficient and
effective devices and equipment for emergency rescue.
Contingency
plan for
prevention and
control of
pollution.
51.
The operator of a port, dock, terminal, or a loading and
unloading place and relevant operating units shall have
approved contingency plan for preventing and
controlling of pollution caused by vessels and their
relevant operations to inland waters environment and
organize drills at least once a year, and maintain proper
records thereof.
Abiding by
relevant
provisions and
standards for
prevention of
pollution.
52.
Vessels navigating, berthing or operating within waters
under special protection shall abide by relevant
provisions and standards for prevention of pollution in
such waters.
19
Requirement
for third party
liability
insurance.
53.
For a vessel transporting dangerous chemicals by inland
waters, her owner or operator shall have prescribed
third party liability insurance cover available as
prescribed by the Regulatory Authority.
CHAPTER VII
OFFENCES AND PENALTIES
Offences and
Penalties.
54.
(1) The following shall constitute offences punishable under
this Act:-
(a) Failure to comply with any order or direction of
the Regulatory Authority under this Act, and / or
deliberate disobedience thereof;
(b) Contravening or attempt to contravene or abetting
the contravention of the provisions of this Act or
any rules made thereunder;
(c) Obstructing any person acting under the orders or
directions of the Regulatory Authority from
performing his functions and exercising his powers
under this Act;
(d) Damaging any works or property belonging to the
Regulatory Authority;
(e) Failing to furnish to any officer or employee of the
Regulatory Authority so authorized to receive,
information required or demanded from him for
the purpose of this Act;
(f) Deliberately and willfully providing false and
incorrect information.
(2) (a) Any person who is found guilty of any offence
under subsection ( 1) shall be punished with fine
which may extend to ten thousand rupees upon the
first offence;
(b) In case of second and subsequent offence the fine
may extend to fifty thousand rupees, or
imprisonment upto one year or both:
(c) In case of continuing contravention, an additional
fine which may extend to five thousand rupees for
every day, shall be imposed, during which the
default continues.
(3) The following are offences of vessels that are punishable
under the Act in addition to penalty under any other law,
for the time being in force:-
(a) Discharging domestic sewage or oily water, etc. into
inland waters in excess of corresponding standards;
20
(b) Discharging waste gas produced from the running of
vessel's power unit into the atmosphere in excess of
corresponding standards;
(c) Discharging residues of liquid toxic substances, or
ballast water, cleaning water or other mixtures
containing such substances, in inland waters;
(d) Using incinerator in inland waters;
(e) Using oil dispersant, which violates corresponding
provisions.
(4) (a) Any person who is found guilty of any offence
under sub- section (3), shall be punished with fine
which may extend to ten thousand rupees upon the
first offence.
(b) In case of second and subsequent offence, the fine
may extend to twenty-five thousand rupees, and
imprisonment upto six months or with both.
(c) In case of continuing contravention, an additional
fine, which may extend to one thousand rupees for
every day, shall be imposed, during which the
default continues.
Offences by
Companies.
55.
(1) Where an offence under this Act has been committed
by a company, every person who at the time the offence
was committed was in charge of, and was responsible
to the company for the conduct of, the business of the
company, as well as the company, shall be deemed to
be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-
section shall render any such person liable to any
punishment provided in this Act if he proves that the
offence was committed without his knowledge for that
he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1),
where an offence under this Act has been committed by
a company and it is proved that the offence has been
committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall
also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished
accordingly. Explanation :- For the purpose of this
section,-
21
(i) "Company" means anybody corporate, and
includes a firm or other association of
individuals; and
(ii) "Director" in relation to a firm means a partner in
the firm
CHAPTER VIII
MISCELLANEOUS
Power to make
Rules.
56.
(1) The State Government may, by notification in the
Official Gazette, make rules for carrying out the
purposes of this Act.
(2) All rules made under this section shall be laid for not
less than thirty days before the State Legislature, as
soon as possible after they are made and shall be
subject to rescission by the State Legislature or to such
modification as the State Legislature may make during
the session in which they are so laid or the session
immediately following.
Any rescission or modification so made by the State
Legislature shall be published in the Official Gazette
and shall thereupon take effect.
Power to make
Regulations.
57.
(i) The Regulatory Authority shall with the previous
approval of the State Government and by notification in
Official Gazette, make regulations not inconsistent with
provisions of this Act and the rules framed thereunder
for enabling it to discharge its functions under this Act
and the rules.
(ii) In particular and without prejudice to the foregoing
power, such regulations may provide for all or any of
the following matters, namely:-
(a) the time and the place at which the Regulatory
Authority shall meet and rules of procedure the
Regulatory Authority shall observe in regard to
transaction of its business at its meetings;
(b) the form in which an annual statement of accounts
of the Regulatory Authority shall be prepared under
section 21;
(c) the form in which and the time at which an annual
report of the Regulatory Authority shall be prepared
under section 22;
22
(d) any other matter which is, or may be, necessary to
be prescribed for the efficient conduct of the affairs
of the Regulatory Authority.
Powers of
Regulatory
Authority to
delegate and
issue executive
instructions.
58.
The Regulatory Authority may delegate such of its
powers to its Members and issue executive instruction
not inconsistent with the provisions of this Act, rules or
regulations as may consider necessary.
Tariff to be
determined by
the State
Government.
59.
The State Government shall determine the tariffs for
passenger vessels or cargo vessels keeping in mind the
market conditions, operating cost levels, affordability
of passengers in differential manner as per the per
capita income of the people across Assam.
Power to
remove
difficulties.
60.
(a) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may,
by order published in the Official Gazette, make
such provisions, not inconsistent with the provisions
of this Act as appear to be necessary or expedient
for removing the difficulty.
(b) Every order made under this section shall, as soon as
it may be after it is made, be laid before the State
Legislature.
Act to have
effect in
addition to and
not in
derogation of
other Acts.
61.
(1) The provisions of this Act shall be in addition to, and
not in derogation of, the provisions in any other law for
the time being in force, relating to inland waterways,
forests, wildlife, disaster management or environment
protection.
(2) The functions of the Regulatory Authority are to be
enabled by the Act in conjunction with Inland Vessels
Act, 1917, Indian Ports Act, 1908 and the Inland
Waterways Authority of India Act, 1985.
Central Act
1 of 1917.
Central Act
No.15 of
1908,Act
No.82 of
1985
S. M. BUZAR BARUAH,
Commissioner & Secretary to the Government of Assam,
egislative Department, Dispur, Guwahati-6