The INLAND VESSELS ACT, 1917
Jharkhand · state statute
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THE INLAND VESSELS ACT, 1917
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and extent.
2. Definitions.
CHAPTER II
SURVEY OF INLAND MECHANICALLY PROPELLED VESSELS
3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service without
certificate of survey.
4. Appointment of surveyors and places of survey.
5. Powers of surveyors.
6. Fees in respect of surveys.
7. Declaration of surveyor.
8. Sending of declaration by owner or master to State Government.
9. Power for State Government to grant or authorise the grant of certificates of survey.
9A. Temporary permit.
10. Certificate of survey to be affixed in conspicuous part of mechanically propelled vessel.
10A. Effect of certificates of survey.
11. Term of certificates of survey.
12. Renewal of certificates of survey.
13. Power for State Government to suspend or cancel certificate of survey.
14. Power for State Government to require delivery of expired or cancelled certificate.
15. Report of suspension or cancellation of certain certificates.
16. Power for State Government to direct survey by two surveyors.
17. Power for State Government to order a second survey.
18. Division of duties when two surveyors employed.
19. Power for State Government to make rules as to surveys.
CHAPTER IIA
REGISTRATION OF INLAND MECHANICALLY PROPELLED VESSELS
19A. Inland mechanically propelled vessels not to proceed on voyage or be used for service without
certificate of registration.
19B. Place of registry and registering authorities.
19C. Book of registration.
19D. Application for registration.
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SECTIONS
19E. Places of registration.
19F. Grant of certificate of registration.
19G. [Omitted.].
19H. Marking of inland mechanically propelled vessels.
19I. Prohibition against transfer of certificate of registration.
19J. Registration of alterations.
19K. Transfer of registry.
19L. Change of residence or place of business.
19M. Prohibition against transfer of ownership of registered vessel.
19N. Suspension of certificates of registration.
19O. Cancellation of registration.
19P. Appeals.
19Q. Reciprocity.
19QA. Mortgage of mechanically propelled vessel or share.
19R. Power to make rules.
19S. Certain certificates issued under Merchant Shipping Act to be valid under this Act.
CHAPTER III
MASTERS INCLUDING SERANGS AND ENGINEERS INCLUDING ENGINE-DRIVERS OF INLAND
MECHANICALLY PROPELLED VESSELS
20. Appointment of examiners.
21. Grant „of masters‟, serangs‟, engineers‟ and engine-drivers‟ certificates of competency.
22. Grant of masters‟, serangs‟, engineers‟ and engine-drivers‟ certificates of service.
22A. Licences.
23. Certificates to be made in duplicate.
24. Copy of certificate or licence to be granted in certain cases.
25. Certificates to be held by master and engineer of vessel of one hundred or more horsepower.
26. Certificates to be held by master and engineer of vessel of between forty and one hundred horse -
power.
27. Certificates to be held by master and engineer of vessel of less than forty horse-power.
28. Power for State Government to require master or engineer to hold certificate granted under Act in
addition to other .certificate.
29. Power for State Government to make rules as to grant of certificates of competency.
30. Power for State Government to make rules as to grant of certificates of service.
30A. Power for State Government to make rules as to grant of licences.
31. Effect of certificates of competency or service and licences.
CHAPTER IV
INVESTIGATIONS INTO CASUALTIES
32. Report of casualties to be made to nearest police-station.
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SECTIONS
33. Power for State Government to appoint court of investigation.
34. Power of Court of investigation to inquire into charges of incompetency or misconduct.
35. Power for State Government to direct investigation otherwise than under section 33.
36. Person charged to be heard.
37. Assessors.
38. Powers of Court as to evidence and regulation of proceedings.
39. Power of Court to effec t arrest of witnesses by entry and detention of vesse ls.
40. Power of Court to commit for trial and to bind over witnesses.
41. Depositions of absent witnesses.
42. Report by Court to State Government.
43. Court to exercise its powers independently of the assessors.
44. Power for State Government to direct investigations into causes of explosions on mechanically
propelled vessels.
CHAPTER IVA
REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION
44A. Raising of or removal of wreck impeding navigation, etc.
44B. Removal of obstruction in inland water.
44C. Recovery of expenses of removal.
44D. Removal of lawful obstruction.
44E. Fouling of Government moorings.
CHAPTER V
SUSPENSION AND CANCELLATION OF CERTIFICATES GRANTED UNDER THE ACT
45. Power for State Government to suspend or cancel certificates in certain cases.
46. Obligation to deliver up suspended or cancelled certificate.
47. Report to other State Government.
48. Power for State Government to revoke suspension or cancellation, and to grant new certificate.
CHAPTER VI
PROTECTION OF, AND CARRIAGE OF PASSENGERS IN, INLAND MECHANICALLY PROPELLED VESSELS
49. Power for State Government to declare dangerous goods.
50. Carriage of dangerous goods.
51. Power of owner or master of mechanically propelled vessel to throw overbroad dangerous goods.
52. Power for State Government to make rules for protection of inland mechanically propelled vessels
from accidents.
53. Power for State Government to make rules as to carriage of passengers in inland mechanically
propelled vessels.
54. Power for State Government to make rules for protection of passengers.
54A. Power of State Government to fix maximum and minimum rates for passenger fares and freight
for goods.
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SECTIONS
54B. Power to make rules providing for the appointment of Advisory Committees.
CHAPTER VIA
INSURANCE OF MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS
54C. Application of section 134, Chapter X, XI and XII of the Motor Vehicles Act, 1988 in relation
to the mechanically propelled vessels.
CHAPTER VIAB
54D. Definitions.
54E. Prohibition as to discharge of oil, oily mixture, etc., in the inland water.
54F. Reception facilities at inland port, etc.
54G. Power of entry, inspection, etc.
54H. Powers of Central Government to make rules for prevention and control of pollution.
CHAPTER VII
PENALTIES AND LEGAL PROCEEDINGS
55. Penalty for making voyage without certificate of survey.
56. Penalty for neglect to affix certificate or survey in inland mechanically propelled vessel.
57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or registration.
58. Penalty for carrying excessive number of passengers on board.
58A. Penalty for carrying excessive quantity of cargo on board.
59. Penalty for serving, or engaging a person to serve, as master or engineer without certificate.
60. Penalty for master failing to give notice of wreck or casualty.
61. Penalty for failing to deliver up suspended or cancelled certificate.
62. Penalty for taking or delivering or tendering for carriage dangerous goods on board inland
mechanically propelled vessel without notice.
62A. Punishment for offences relating to accident.
62B. Penalty for using uninsured mechanically propelled vessel.
62C.Penalty for neglect or refusal to give information as to insurance or to produce certificate of
insurance.
62D. Punishment for offences relating to pollution.
62E. Offences by companies.
63. Penalty for misconduct or neglect endangering inland mechanically propelled vessel or life or
limb.
63A. Desertion and absence without leave.
63B. General offences against discipline.
63C. Entry of offence in official log book.
63D. General provision for punishment of offences not otherwise provided for.
64. Levy of fine by distress of inland mechanically propelled vessel.
65. Jurisdiction of Magistrates.
66. Place of trial.
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CHAPTER VIII
SUPPLEMENTAL
SECTIONS
67. Power for State Government to make general rules.
68. Power for State Government to modify application of Act to certain inland mechanically
propelled vessels.
69. Exemption to Government vessels from fees.
70. Power for Central Government to define tidal water.
71. Fees recoverable as fines.
72. Certificated masters of inland mechanically propelled vessels to be deemed pilots under section
31 of Act 15 of 1908.
72A. Endorsement of certificates and licences granted in Bangladesh.
73. [Omitted.].
74. Publication of rules.
75. Repeal and saving.
SCHEDULE I.
SCHEDULE II. [Repealed.].
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THE INLAND VESSELS ACT, 1917
ACT NO . 1 OF 1917 1
[7th February, 1917.]
A n A c t t o c o n s o l i d a t e t h e e n a c t m e n t s r e l a t i n g t o 2[ In l a n d V e s s e l s ] .
WHEREAS it is expedient to consolidate the enactments relating to 3[inland vessels]; It is hereby
enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title and extent. —(1) This Act may be called the 4[Inland Vessels] Act,
1917.
5[( 2) It extends to the whole of India except the State of Jammu and Kashmir *:
6* * * * *
2. Definit ions. —7[1] In this Act, unless there is anything repugnant in the subject
or context .—
8[(a) “inland vessel” or “inland mechanically propelled vessel ” means a mechanically propelled
vessel, which ordinarily plies on inland water, but does not include fishing vessel and a ship
registered under the Merchant Shipping Act, 1958 (44 of 1958);
(b) “inland water” means—
(i) any canal, river, lake or other navigable water within a State,
(ii) any area of any tidal water deemed to be the inland to be smooth and partially by the
Central Government under section 70,
(iii) waters declared by the Central Government to be smooth and partially smooth waters
under clause (41) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958);
(c) “mechanically propelled vessel” means every description of vessel propelled wholly or in part
by electricity, steam or other mechanical power including dumb vessel towed by mechanically
propelled vessel and vessel propelled by outboard motor;]
9[(d)] “passenger” includes any person carried in a 10[mechanically propelled vessel] other than
the master and crew and the owner, his family and servants;
9[(e)] “prescribed” means prescribed by any rule under this Act;
1. This Act—
(i) has been amended in Bengal by Bengal Act 7 of 1940:
(ii) came into force on 1st June, 1917, vide Gazette of India, 1917, Pt. I, p. 988;
(iii) has been extended in its application to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch. And to Pondicherry on
1-10-1963; vide Reg. 7 of 1963, s. 3 and Sch. I.
2. Subs. by Act 35 of 1977, s. 2. for “Inland Steam-vessels” (w.e.f. 1-5-1978).
3. Subs. by s. 3, ibid., for “Inland Steam-vessels” (w.e.f. 1-5 1978).
4. Subs. by s. 4, ibid., for “Inland Steam-vessels” (w.e.f. 1-5-1978).
5. Subs. by Act 26 of 1951, s. 2, for sub-sections (2) and (3).
6. The proviso omitted by Act 35 of 2007, s. 2 (w.e.f. 21-2-2008).
7. Section 2 renumbered as sub -section ( 1) there of by Act 35 of 1977, s. 6 (w.e.f. 1 -5-1978).
8. Subs. by Act 35 of 2007, s. 3, for clauses (a), (b) and (c) (w.e.f. 21-2-2008).
9. Clauses (3) and (4) lettered as clauses (d) and (e) by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).
10. Subs. by s. 5, ibid., for “steam -vessel ” (w.e.f. 1 -5-1978).
*.Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory
of Jammu and Kashmir and the Union territory of Ladakh.
7
1* * * * *
2[(f)] “survey” means the survey of a 3[mechanically propelled vessel] under this Act;
2[(g)] “surveyor” means a surveyor appointed under this Act; and
4[(ga) “tidal water” has the meaning assigned to it in clause ( 49) of section 3 of the Merchant
Shipping Act, 1958 (44 of 1958);]
2[(h)] “voyage” includes the plying of a 3[mechanically propelled vessel] at or about any place,
5[(2) Any reference to the Inland Steam -vessels Act, 1917 (1 of 1917), in any law for the time being
in force or in any instrument or other document shall be construed as a r eference to the Inland Vessels
Act, 1917].
CHAPTER II
SURVEY OF INLAND 3[MECHNICALL Y PROPELLED VESSELS ]
3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service
without certificate of survey. —(1) An inland 3[mechanically propelled vessel] shall not proceed on any
voyage, or be used for any service unless she has a certificate of survey in force 6[in the zone intended for
for operation and applicable to such voyage or service in such zone].
(2) Nothing in this section shall apply to any 3[mechanically propelled vessel] proceeding on a voyage
during the interval between the time at which her certificate of survey expires and the time at which it is
first practicable to have the certificate renewed:
7[Explanation.—For the purpose of this sub -section, “zone” means any such inland water area as the
State Government may, depending on the maximum significant wave height criteria, by notification in the
Official Gazette, specify for the purpose of this Act.]
4. Appointment of surveyors and places, of survey .—(1) The State Government may, by
notification in the Official Gazette,—
(a) declare such places, within the territories under its administration, as it thinks fit, to be places
of survey, and
(b) appoint so many persons to be surveyors at the said places as it thinks fit, for the purposes of
this Act.
(2) Every surveyor shall, for the purposes of any survey made by him, be deemed to be a public
servant within the meaning of the Indian Penal Code (45 of 1860).
5. Powers of surveyors.—(1) For the purposes of a survey, the surveyor may, at any reasonable time,
go on board any inland 3[mechanically propelled vessel], and may inspect the 3[mechanically propelled
vessel] and every part thereof, including the hul l, boilers, engines and other machinery, and all
equipments and articles on board:
Provided that he shall not unnecessarily hinder the loading or unloading of the 3[mechanically propelled
vessel], or unnecessarily detain or delay her from proceeding on any voyage.
(2) The owner, master and officers of the 3[mechanically propelled vessel] shall afford to the surveyor
all reasonable facilities for a survey, and all such information respecting the 3[mechanically propelled
1. Clause (5) omitted by Act 35 of 1977, s. 6 (w.e.f. 1-5-1978).
2. Clauses (6), (7) and (8) lettered as clauses (f), (g) and (h) by s. 6, ibid. (w.e.f. 1-5-1978).
3. Subs. by s. 5, ibid., for “steam -vessel s” (w.e.f. 1 -5-1978).
4. Ins. by Act 35 of 2007, s. 3 (w.e.f. 21-2-2008).
5. Ins. by Act 35 of 1977, s. 6 (w.e.f. 1 -5-1978).
6. Subs. by Act 35 of 2007, s. 4, for “and applicable to such voyage or service” (w.e.f. 21-2-2008).
7. Ins. by s. 4, ibid. (w.e.f. 21-2-2008).
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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.
6. Fees in respect of survey s.—Before a survey is commenced, the owner or master of
the 1[mechanically propelled vessel] to be surveyed shall pay to such officer as the State
Government may, by notification in the Official Gazette, appoint in this behalf —
(a) a fee calculated on the tonnage of the 1[mechanically propelled vessel] according to the rates
mentioned in Schedule I, or according to any other prescribed rates; and
(b) when the survey is to be made in any place of survey other than Calcutta, Madras
2[or Bombay], such additional fee in respect of the expense (if any) of the journey of the
surveyor to the place as the State Government may by such notification direct.
7. Declaration of surveyor .—When the survey of a 1[mechanically propelled vessel] is
completed, if the surveyor making it is satisfied that —
(a) the hull, boilers, engines and other machinery of the 1[mechanically propelled
vesse l] arc sufficient for the voyage or service intended and in good condition, and
(b) the equipments of the 1[mechanically propelled vessel] and the certificates of the
master and engineer are such and in such condition as arc required by any law for th e time
being in force and applicable to the 1[mechanically propelled vessel],
the surveyor shall forthwith give to the owner or master a declaration in the prescribed form
containing the particulars mentioned in clauses (a) and ( b), and the following furth er particulars,
namely: —
(i) the time (if less than one year) for which the hull, boilers, engines and other
machinery and equipments of the 1[mechanically propelled vessel] will be sufficient;
(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other
machinery or equipments, the 1[mechanically propelled vessel] is in the surveyor ‟s
judgment not fit to ply;
(iii) the number of passengers (if any) which the 1[mechanically propelled vessel] is, in
the judgment of the surveyor, fit t o 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 an d variations, according to the time of year,
the nature of the voyage, the cargo carried or other circumstances, as the case requires;
3***
4[(iiia) the nature and quantum of cargo which the mechanically propelled vessel is, in the
judgment of the surveyor, fit to carry; and]
(iv) any other prescribed particulars.
8. Sending of declaration by owner or master to State Government. —(1) The owner or
master of a 1[mechanically propelled vessel] to whom a declaration is given under section 7 shall,
within fourteen days after the date of the receipt thereof, send the declaration to such officer as
the State Government may, by notification in the Official Gazette, appoint in this behalf.
(2) If any owner or master fails to send a declaration as required by sub -section ( 1), he shall
forfeit a sum not exceeding five rupees for every day during which the sending of the declaration
is delayed.
1. Subs. by Act 35 of 1977, s. 5, for “steam -vessel” (w.e.f. 1-5-1978).
2. Subs. by the A.O . 1937, for “Bombay or Rangoon”.
3. The word “and” omitted by Act 35 of 1977, s. 7 (w.e.f. 1 -5-1978).
4. Ins. by s. 7 ibid. (w.e.f. 1 -5-1978).
9
9. Power for State Government to g rant or authorise the grant of certificates of
survey .—(1) The State Government shall, if satisfied that all the pr ovisions of this Act
have been complied with in respect of a declaration sent under section 8, cause, —
(a) a certificate of survey, in duplicate, to be prepared, and
(b) notice thereof to be given by post or otherwise to the owner or master of the 1[mechanically
propelled vessel] to which the certificate relates.
(2) On application made by the owner or master to such officer at the place of survey as the
State Government may, by notification in the Official Gazette, appoint in this behalf, and on
payment to such officer by the owner or master of the sum (if any) forfeited by him under
section 8, sub -section ( 2) (the actual amount of which within the limit thereby fixed shall be
determined by the State Government), the certificate, in duplicate, so prepared shall be granted
to the owner or master by the State Government and issued to him through such officer.
(3) A certificate granted under this section shall be in the prescribed form, shall contain
a statement to the effect that all the provisions of this Act with respect to the survey of the
1[mechanically propelled vessel] and the declaration of survey have been complied with, and
shall set forth —
(a) the particulars concerning the 1[mechanically propelled vessel] mentioned in the
declaration of survey as required by clauses ( i), ( ii) and ( iii) of section 7, and
(b) any other prescribed particulars.
(4) The State Government may, by notification in the Official Gazette, delegate to any
person all or any of the functions assigned to the State Government under this section:
Provided that no delegation shall be made under sub -section (2) so as to authorise the grant of a
certificate of survey by the surveyor who made the declaration of survey under section 7.
2[9A. Temporary permit .—The surveyor who conducted the survey may, without following the
procedure laid down in section 9, grant a permit to be effec tive for a period which shall not in any case
exceed forty-five days, to authorise the inland mechanically propelled vessel to proceed on voyage or use
it service temporarily pending the issue of the certificate of survey.]
10. Certificate of survey to be affixed in conspicuous part of mechanically propelled
vessel. —The owner or master of every 1[mechanically propelled vessel], for which a certificate of
survey has been granted, shall forthwith, on the receipt of the certificate, cause one of the
duplicates thereof to be affixed and kept , affixed so long as it remains in force and the
1[mechanically propelled vessel] is in use, on some conspicuous part of the 1[mechanically
propelled vessel] where it may be easily read by all persons on board.
3[10A. Eff ect of certificates of survey. —A certificate of survey shall have effect throughout the
State in which it was granted:
Provided that such a certificate may be endorsed by the State Government of any other
State, or with the general or special sanction of the S tate Government of that other State, by
the authority granting it, so as to have effect in that other State or any part thereof, and, if so
endorsed shall have effect accordingly.]
11. Term of certificates of survey .—A certificate of survey shall not be in force 3[in any
State] —
(a) after the expiration of one year from the date thereof; or
(b) after the expiration of the period (if less than one year) for which the hull, boilers,
engines or other machinery, or any of the equipments of the 1[mechanically propelled vessel]
to which the certificate relates have been stated in the certificate to be suffi cient; or
(c) after notice has been given 4[by the State Government of the State in which it was by
1. Subs. by Act 35 of 1977, s. 5, for “steam -vessel” (w.e.f. 1 -5-1978).
2. Ins. by Act 35 of 2007, s. 5 (w.e.f. 21-2-2008).
3. Ins. by the A.O . 1937.
4. Subs., ibid., for “by any Local Government”.
10
granted], to the owner or master of such 1[mechanically propelled vessel], that such State Government
has cancelled or suspended it.
2[A certificate of survey shall not be in force in any State by virtue of any endorsement in respect of
that State, after notice has been given by the State Government of that State, to the owner or master of a
1[mechanically propelled vessel], that that Government has cancelled or suspended the endorsement.]
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 the 1[mechanically propelled vessel] to which
the certificate relates, has been held in accordance with the provisions of this Chapter, save so far as
any relaxation thereof may be prescribed.
13. Power for State Government to suspend or cancel certificate of survey .—3[A certificate
of survey or any endor sement thereon made under section 10A may be suspended or cancelled by the
Government of the State in which the certificate was granted or in respect of which the endorsement
was made, as the case may be, if that Government has reason to believe] —
(a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers,
engines or other machinery or of any of the equipments of the „[mechanically propelled vessel] has
been fraudulently or erroneously made; or
(b) that the certific ate 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, o r
any of the equipments of the 1[mechanically propelled vessel] have sustained any material
injury, or have otherwise become insufficient.
14. Power for State Government to require delivery of expired or cancelled
certificate .—The State Government may require any certificate of survey, which has expired or
has been suspended or cancelled, to be delivered up to such officer as the State Government may,
by notification in the Official Gazette, appoint in this behalf.
2[Where an endorsement on any certificate of survey for any State has been suspended or
cancelled, the State Government of that State may require the certificate of survey to be
delivered up to such officer as that Government may by notification in the Official Gazette
appoint in this behalf, in order that particulars of the suspension or cancellation of th e
endorsement may be noted on the certificate.]
15. Report of suspension or cancellation of certain certificates. —3[If a State Government
suspends or cancels endorsement made under section 10A on a certificate of survey, it] shall
report the fact of suspension or cancellation, together with the reasons therefor to the State
Government which (or whose delegate) granted the certificate.
16. Power for State Government to direct survey by two surveyors .—A survey shall
ordinarily be made by one surveyor, b ut two surveyors may be employed if the State Government, by
order in writing, so directs either generally in the case of all 4[mechanically propelled vessels] at any
place of survey, or specially in the case of any particular 4[mechanically propelled vess els] or class of
4[mechanically propelled vessels] at any such place.
1. Subs. by Act 35 of 1977, s. 5, for “steam -vessel” (w.e.f. 1 -5-1978).
2. Ins. by the A.O. 1937.
3. Subs., ibid., for certain words.
4. Subs. by Act 35 of 1977, s. 5, for “steam -vessel s” (w.e.f. 1 -5-1978).
11
17. Power for State Government to order a second survey. —(1) If the surveyor making a survey
of 1[mechanically propelled vessel] refuses to give a declaration under section 7 with regard to the
1[mechanically propelled vessel], or gives a declaration with which the owner or master of the
1[mechanically propelled vessel] is dissatisfied the State Government may, on the application of
the owner or master, and the payment by him of suc h fee, not exceeding twice the amount of the
fee payable for the previous survey, as the State Government may require, direct two other
surveyors to survey the 1[mechanically propelled vessel].
(2) The surveyors so directed shall forthwith survey the 1[mechanically propelled vessel], and may,
after the survey, either refuse to give a declaration or give such declaration as, under the circumstances,
seems to them proper.
(3) Any declaration given, or any refusal to give a declaration under sub -section ( 2), shall be
final.
18. Division of duties when two surveyors employed. —When a survey is made by two
surveyors under either section 16 or section 17, each of the surveyors shall perform the prescribed
portion of the duties assigned to a surveyor under this Act or the rules made thereunder.
19. Power for State Government to make rules as to surveys. —(1) The State Government may
2*** make rules to regulate the making of surveys.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
prescribe—
(a) the times and places at which, and the manner in which, surveys are to be made;
(b) the duties of the surveyor making a survey and, where two surve yors are employed,
the respective duties of each such surveyor;
(c) the form in which declarations of survey and certificates of survey are to be
framed, and the nature of the particulars to be stated therein under sections 7 and 9;
(d) the rates other than those mentioned in Schedule I according to which the fees
payable in respect of surveys arc to be calculated in the case of all or any of the places of
survey within the territories under its administration; and
(e) the cases in, and the extent to whi ch, a survey may be dispensed with before the grant of a
new certificate.
3[CHAPTER IIA
REGISTRATION OF INLAND 4[MECHANICALLY PROPELLED VESSELS]
19A. Inland mechanically propelled vessels not to proceed on voyage or be used for
service without certificate of registration. —(1) An inland 1[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 1[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 in section 3.
1. Subs. by Act 35 of 1977, s. 5, for “steam -vessel” (w.e.f. 1 -5-1978).
2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I.
3. Ins. by Act 26 of 1951, s. 3.
4. Subs. by Act 35 of 1977, s. 5, for “steam -vessel s” (w.e.f. 1 -5-1978).
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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 of the Indian
Penal Code (45 of 1860).
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 au thority shall, immediately after
registering any inland 1[mechanically propelled vessel] or within one month at the furthest,
send to the State Government a true and exact copy, together with the number, of every
certificate which shall be so granted by it .
19D. Application for registration .—An application for registration of an inland
1[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.
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 inland
1[mechanically propelled vessel] ordinarily resides or carries on business.
(2) Where the owner applying for a cert ificate of registration is a company 2[within the
meaning of section 3 of the Companies Act, 1956 (1 of 1956)], the application may be made to
a registering authority within the local limits of whose jurisdiction the principal office of the
company is situ ate.
(3) Notwithstanding anything contained in this section, an inland 1[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 com pany, 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.
19F. Grant of certificate of registration .—(1) If, in respect of any inland 1[mechanically
propelled vessel], the registering authority, after making such in quiry 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 m ay refuse to register an inland 1[mechanically propelled
vessel], if she is found to be mechanically defective, or if the applicant fails to furnish
satisfact ory evidence in support of any o f the stateme nts made in his application:
Provided that where the registering authority refuses to register any inland 1[mechanically
propelled vessel], it shall furnish to the applicant a statement in writing containing the reasons for such
refusal.
19G. [Automatic registration of inland steam -vessels registered under the Me rchant
Shipping Acts.] Omitted by the Inland Steam -Vessels (Amendment) Act, 1977 (35 of 1977), s. 9,
(w.e.f . 1-5-1978).
1. Subs. by Act 35 of 1977, s. 5, for “steam -vessel” (w.e.f. 1 -5-1978).
2. Subs. by s. 8, ibid., for certain words (w.e.f. 1 -5-1978).
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19H . Marking of inland mechanically propelled vessels .—Where an inland
1 [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.
19-I. Prohibition against transfer of certificate of registration. —(1) A certificate of
registration granted in respect of any inland 1[mechanically propelled vessel] shall be used
only for the lawful navigation of that vessel.
(2) A certificate of registration in respect of an inland 1[mechanically propelled vessel]
issued by a registering authority in one State shall be valid for that State only, but where any
such vessel plies in 2[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:
3* * * *
4[(3) When an inland mechanically propell ed vessel registered in one State has been kept in
another State for a period exceeding 5[thirty -six months ], the owner or master of the vessel shall
make an application under section 19K to The registering authority, within whose jurisdiction
the vessel t hen is, for the transfer of registry from the registering authority of the place where
the vessel is registered.]
19J. Registration of alterations .—(1) When an inland 1[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 regis tered.
(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.
(3) 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 regist ered anew.
19K. Transfer of registry .—(1) The registry of an inland 1[mechanically propelled vessel]
may be transferred from one place in a State to another place in another State on the
application by the owner or master of the vessel to 6[the registering authority of the State in
which the vessel is kept].
(2) On receipt of such application, the registering authority shall transmit notice thereof to 7[the
registering. authority of the place where the vessel is registered].
1. Subs. by Act 35 of 1977, s. 5, for “steam -vessel” (w.e.f. 1 -5-1978).
2. Subs. by s. 10, ibid., for “inland waters of more than one State” (w.e.f. 1 -5-1978).
3. The proviso omitted by s. 10, ibid. (w.e.f. 1 -5-1978).
4. Ins. by s. 10, ibid. (w.e.f. 1 -5-1978).
5. Subs. by Act 35 of 2007, s. 6, for “twelve months” (w.e.f. 21-2-2008).
6. Subs. by Act 35 of 1977, s. 11, for “ the registering authority of the place where the vessel is registered” (w.e.f. 1 -5-1978).
7. Subs. by s. 11, ibid ., for “the registering authority of the intended place of registry with a copy of all particulars relating to
the vessel” (w.e.f. 1 -5-1978).
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1[( 3) The certificate of registr ation in respect of the vessel shall be delivered up to the
registering authority of the intended place of registry along with the application.
(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 under section 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 fur nish to a prescribed authority in the State such
information with respect to the inland mechanically propelled vessel and its registration as
may be prescribed.]
19L. Change of residence or place of business .—(1) If the owner of an inland
2[mechanically pr opelled 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 certif icate 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 t hat 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.
19M. Prohibition against transfer of ownership of registered vessel .—(1) An inland
2[me chanically propelled vessel] registered under this Act in one State shall not be transferred
to a person resident in another State in India or in any country outside India, without the
previous approval of the Government of the State in which the vessel is registered:
Provided that where an inland 2[mechanically propelled vessel] is 3[registered or deemed
to be registered under the Merchant Shipping Act, 1958 (44 of 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 s ubstituted.
(2) Subject to the provisions of sub -section ( 1), the owner of an inland 2[mechanically
propelled vessel] registered under this Act and the transferee thereof shall, within thirty days
of the transfer of ownership of the said vessel to the tran sferee, jointly make a report of the
transfer to the registering authority within the local limits of whose jurisdiction the transferee
resides or carries on business and shall also forward the certificate of registration to that
registering authority, tog ether with the prescribed fee, in order that particulars of the transfer
of ownership may be entered thereon.
19N. Suspension of certificates of registration .—(1) A registering authority may
suspend, for such period and subject to such conditions as it thinks fit, the certificate of
registration of an inland 2[mechanically propelled vessel], if it has reason to believe that after
the granting of the certificate the vessel has become unfit to ply in inland waters.
(2) Where the registration of an inland 2[mechanically propelled vessel] is suspended under
sub -section (1) for a period of not less than one month, the registering authority ordering the
suspension shall, if it is not the original registering authority, inform that other authority of the
fact of such suspension.
(3) The registering authority suspending the certificate may require the owner or master of
the vessel to deliver up the certificate so suspended to itself or, if it is not the original registering
authority, to that other authority.
1. Subs. by Act 35 of 1977, s. 11, for sub -sections ( 3) and ( 4) (w.e.f. 1 -5-1978).
2. Subs. by s. 5, ibid., for “steam -vessel” (w.e.f. 1 -5-1978).
3. Subs. by s. 12, ibid., for “ also registered under the Merchant Shipping Act, 1894, as amended by any subsequent
enactment” (w.e.f. 1 -5-1978).
15
(4) A certificate of registration surrendered under this section shall be returned to the
owner when the order suspending the certificate has been rescinded or has ceased to operate.
19-0. Cancellation of registration .—(1) If an inland 1[mechanically propelled vessel] has
been destroyed or has been rendered permanently unfit for service, the owner of the vessel
shall, with the least practicable delay, report the fact to the registering authority of the place
where the vessel is registered and shall also forward to that authority, along with the report,
the certificate of registration of the vessel and thereupon the registering authority shall have
the certificate of registration cancelled.
(2) Any registering authority may at any time require that any inland l[mechanically
propelled vessel] within the local limits of its jurisdiction may be inspected by such authority
as the State Government may, by general or special order, appoint in this behalf and, if as a
result of such inspection, the registering authorit y is satisfied that the vessel is in such a
condition that it is not fit to ply in any inland water, the registrering authority may, after giving
the owner of the vessel an opportunity of being heard, cancel the registration of the vessel and
require the o wner thereof to surrender forthwith to the registering authority, the certificate of
registration in respect of that vessel, if it has not already been so surrendered.
19P. Appeals .—(1) Any person aggrieved by an order —
(a) refusing to register any inland 1[mechanically propelled vessel] under section 19F;
or
(b) suspending a certificate of registration under section 19N; or
(c) cancelling a certificate of registration under sub -section (2) of section 19 -0,
may, within thirty days of the date on which lie receives notice of such order, appeal against it to the
State Government.
(2) The State Government shall cause notice of every such appeal to be given to the
registering authority concerned in such manner as may be prescribed, and after giving an
opportuni ty to that authority and to the appellant to be heard shall pass such order thereon as it
thinks fit.
19Q. Reciprocity .—Where the Central Government is satisfied that by the law or practice
of any country outside India, inland 1[mechanically propelled vessels] having a certificate of
registration in force under this Act —
(a) obtain by reason of such registration any special exemption in that country while plying in
the inland waters thereof, or
(b) arc required as a condition of plying in the inland wa ters of that country to comply
with any special requirement, whether by way of registration anew or payment of a f ee or Excerpt shown. Open the full act in Lexace.
Lex