LexThe Uttar Pradesh Inland Waterways Authority Act, 2023
Uttar Pradesh · state statute
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787 RPH 2023 (Waterways Authority) data 1e
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No. 587(2)/LXXIX-V-1–2023-1-ka-21-2023
Dated Lucknow, December 8, 2023
IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the
Governor is pleased to order the publication of the following English translation of the Uttar Pradesh
Antardeshiy Jalmarg Pradhikaran Adhiniyam, 2023 (Uttar Pradesh Adhiniyam Sankhya 22 of 2023) as
passed by the Uttar Pradesh Legislature and assented to by the Governor on December 7, 2023. The
Parivahan Anubhag-4 is administratively concerned with the said Adhiniyam.
THE UTTAR PRADESH INLAND WATERWAYS AUTHORITY ACT, 2023
(U.P. ACT NO. 22 OF 2023)
(As passed by the Uttar Pradesh Legislature)
AN
ACT
to provide for the constitution of an Inland Waterways Authority in the State of
Uttar Pradesh for the regulation and development of Inland Waterways for the purposes
of safe, efficient, reliable and environment friendly inland water transport and tourism by
way of river side communities' development, first and last mile connectivity to help modal
shift, logistics policy as well as shipping and navigation, and for matters connected
therewith or incidental thereto.
IT IS HEREBY enacted in the Seventy-fourth Year of the Republic of India as
follows:-
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the Uttar Pradesh Inland Waterways Authority
Act, 2023.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint:
Short title, extent,
and
commencement
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Provided that different dates may be notified 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.
Definitions 2. (1) In this Act, unless the context otherwise requires,-
(i) "appurtenant land" means all lands appurtenant to a national waterway
or state waterway, whether demarcated or not;
(ii) "Authority" means Uttar Pradesh Inland Waterways Authority
constituted under this Act;
(iii) “berth” means facility such as wharf, jetty etc. for berthing the
vessel/ship alongside inland water;
(iv) "cargo" includes anything except living persons carried or to be
carried in the vessel;
(v) "cargo vessel" means a vessel which is not a passenger vessel;
(vi) "Central Government" means the Government of India;
(vii) “Chairperson” means the Chairperson of the Authority appointed
under sub-section (4) of section 3 of the Act;
(viii) "conservancy" includes dredging, training, closure, diversion or
abandoning channels;
(ix) "conservancy measures" means measures for the 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 regions
not connected with shipping and navigation;
(x) "ferry" means a vessel providing passenger transport services or
combined passenger and goods transport services across or along inland waterways
within the State of Uttar Pradesh;
(xi) “goods” includes livestock and anything carried by a vessel except
living persons;
(xii) "infrastructure" includes structures such as docks, wharves, jetties,
landing stages, locks, bouys, inland ports, cargo handling equipment, road and rail
access and cargo storage spaces, and the expression "infrastructural facilities" shall
be construed accordingly;
(xiii) “inland waters”, for the purpose of inland navigation, includes rivers,
canals, streams, lakes and other navigable water bodies within the territorial
jurisdiction of Uttar Pradesh which may be declared as such by notification in the
official Gazette by the State Government;
(xiv) “inland waterway” means national as well as State waterway;
(xv) “jetty” means artificial structure into the inland water enabling the
passage of passengers and cargoes to and from the vessel;
(xvi) "manufacturer" means a person engaged in the manufacturing of
vessels or any part or equipment thereof;
(xvii) “member” means a member of the Authority appointed under sub-
section (4) of section 3 and includes the Chairperson and the Vice Chairperson of
the Authority.
(xviii) “national waterway” means the Inland Waterway declared to be a
national waterway under the National Waterways Act, 2016 (Act no. 17 of 2016);
(xix) "navigable channel" means a channel navigable during the whole or a
part of the year;
(xx) “passenger” means any person carried on a vessel except persons
employed or engaged in any capacity on board of the vessel in connection with the
business of the vessel;
(xxi) "passenger vessel" means a vessel used or adapted to be used for the
carriage of passengers for hire or reward;
(xxii) "port" shall have the same meaning as defined in the Indian Ports Act,
1908 (Act no. 15 of 1908);
(xxiii) "prescribed" means prescribed by rules made under this Act;
(xxiv) "regulations" means regulations made by the Authority under this
Act;
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(xxv) "rules" means rules made by the State Government under this
Act;
(xxvi) "State Government" means the Government of Uttar Pradesh;
(xxvii) "State Legislature" means the Legislature of Uttar Pradesh;
(xxviii) “State waterway” means the inland waterway within the
territorial jurisdiction of Government of Uttar Pradesh which may be declared as
such, by notification in the official Gazette, by the State Government;
(xxix) "wharf" means a construction on the banks of inland water for
berthing of a ship/vessel;
(2) Words and expressions used in the Inland Waterways Authority of India
Act, 1985 (Act no.82 of 1985) and the Inland Vessels Act, 2021(Act no.24 of 2021)
and the Central rules made thereunder, and not defined in this Act shall have the same
meaning as assigned to them in the aforesaid Acts and rules.
CHAPTER II
THE UTTAR PRADESH INLAND WATERWAYS AUTHORITY
3. (1) The State Government shall by notification in the Official Gazette,
constitute for the purpose of this Act, an Authority to be called "The Uttar Pradesh
Inland Waterways Authority".
(2) The said Authority shall exercise such powers and discharge such
functions as assigned to it under this Act and the rules made thereunder.
(3) 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.
(4) The Authority shall consist of the following, namely:-
(i) Either the Minister of Transport, Uttar Pradesh or an expert from
amongst persons who have special knowledge of and professional experience
in matters related to inland waterways, shipping and navigation, ports,
maritime affairs or in matters connected therewith as may be nominated or
appointed by the Chief Minister of Uttar Pradesh- Chairperson;
(ii) A person appointed by the State Government from amongst persons
who have special knowledge of and professional experience in matters related
to inland waterways, shipping and navigation, ports, maritime affairs or in
matters connected therewith – Vice-Chairperson;
(iii) Additional Chief Secretary/ Principal Secretary of the Department of
Finance – Member (ex-officio) ;
(iv) Additional Chief Secretary/ Principal Secretary of the, Public Works
Department (PWD) - Member (ex-officio) ;
(v) Additional Chief Secretary/ Principal Secretary of the Department of
Transport - Member (ex-officio) ;
(vi) Additional Chief Secretary/ Principal Secretary of the Department
of Irrigation and Water Resources - Member (ex-officio) ;
(vii) Additional Chief Secretary/ Principal Secretary of the Department of
Tourism and Culture Member (ex-officio) ;
(viii) Additional Chief Secretary/ Principal Secretary of the Department of
Forest and Environment - Member (ex-officio) ;
(ix) A representative of Inland Waterways Authority of India (IWAI)
nominated by the Chairman of IWAI - Member;
(x) Transport Commissioner, Uttar Pradesh - Chief Executive Officer
(CEO) ex-officio.
Constitution of the
Authority
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Office of the
Authority 4. (1) The headquarters of the Authority shall be at Lucknow.
(2) The Authority may, with prior approval of the State Government, establish
sub-offices and citizen facilitation centers at such other places, as may be considered
necessary.
Chairperson (if
an expert person
is appointed by
the Chief
Minister of Uttar
Pradesh) and
Vice-
Chairperson
(VC)
5. (1) The Chairperson (if an expert person is appointed by the Chief Minister of
Uttar Pradesh) and Vice-Chairperson (VC) of the Authority shall be a whole time
officer of the Authority.
(2) The Chairperson (if an expert person is appointed by the Chief Minister of
Uttar Pradesh) and Vice-Chairperson shall hold office for such term as may be
prescribed but the same shall not be exceeding 5 years. The term of office of
Chairperson (if an expert person is appointed by the Chief Minister of Uttar Pradesh)
may be renewed by the Chief Minister of Uttar Pradesh and that of Vice-Chairperson
may be renewed by the State Government for such further period as specified in the
notification issued in this regard.
(3) The Chairperson (if an expert person is appointed by the Chief Minister
of Uttar Pradesh) and Vice-Chairperson shall be entitled to receive, from the funds of
the Authority, such salaries and allowances and shall be governed by such conditions
of service as may be determined by a general or special order of the State Government
in this behalf.
Disqualifications
for appointment
as Chairperson
(if an expert
person is
appointed by the
Chief Minister of
Uttar Pradesh)
and Vice-
Chairperson
6. A person shall be disqualified for being appointed as the Chairperson (if an
expert person is appointed by the Chief Minister of Uttar Pradesh) and Vice-
Chairperson, if he –
(a) has been convicted and sentenced to imprisonment for an offence which, in
the opinion of the State Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent Court; 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 State 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.
Resignation and
removal of the
Chairperson (if
an expert person
is appointed by
the Chief
Minister of Uttar
Pradesh) and
Vice-
Chairperson
7. (1) The Chairperson (if an expert person is appointed by the Chief Minister of
Uttar Pradesh) and Vice-Chairperson may, by notice in writing under their own hand
addressed to the Governor of the State of Uttar Pradesh, resign from his office.
(2) Notwithstanding anything in section 5, the Chief Minister of Uttar Pradesh
or the State Government, as the case may be, may, by order, remove from the
Authority the Chairperson (if an expert person is appointed by the Chief Minister of
Uttar Pradesh) and Vice-Chairperson who in his/its opinion -
(a) refuses to act; or
(b) has become incapable to act; or
(c) has so abused his office as to render his continuance in office
detrimental to the public interest; or
(d) is otherwise unsuitable to continue as a member.
(3) The State Government may suspend the Chairperson (if an expert person is
appointed by the Chief Minister of Uttar Pradesh) and Vice-Chairperson, pending an
inquiry against him.
(4) In case of removal, the Chairperson (if an expert person is appointed by the
Chief Minister of Uttar Pradesh) and Vice-Chairperson shall be given an opportunity of
being heard in the matter and when such an order of removal has been passed, the seat
of the the Chairperson (if an expert person is appointed by the Chief Minister of Uttar
Pradesh) and Vice-Chairperson shall be declared vacant.
(5) A Chairperson (if an expert person is appointed by the Chief Minister of
Uttar Pradesh) and Vice-Chairperson who has been removed under this section shall
not be eligible for re-appointment in any capacity under the Authority.
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8. (1) The Chairperson 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-Chairperson of the Authority shall exercise and discharge such
of the powers and duties of the Chairperson as may be prescribed or as may be
delegated to him by the Authority.
Powers of
Chairperson and
Vice-Chairperson
9. (1) The Authority shall have the following administrative branches for the
discharge of its functions under this Act:-
(a) Technical Branch (includes marine and nautical, civil, mechanical,
hydrographic survey, cartography, Information Technology, et-cetera);
(b) Inland Water Transport and Traffic and Logistics as well as Training
and Research & Development (R&D) Branch;
(c) General Administration and Finance Branch;
(d) any other branch which may be created by the Authority with the prior
approval of the State Government.
(2) The head of every branch mentioned in the sub-section (1) will be
designated as Director, who will be either appointed by the State Government from
amongst persons, including serving/retired Government servants, having academic
qualifications, experience and expertise in the related subjects, or may be taken from
other Departments or Public Sector Undertakings of the Government of Uttar Pradesh
on deputation basis.
(3) The State Government shall appoint the Secretary of the Authority from
amongst the officers of Transport Department of the Government of Uttar Pradesh
holding the rank of Additional Transport Commissioner. The terms and conditions of
service of the Secretary shall be determined by the State Government.
(4) The Authority may appoint other officers and employees as it considers
necessary for the efficient discharge of its functions under this Act.
(5) Salary and allowances payable to and the other conditions of the service
of the officers and employees of the Authority appointed under this Act, shall be such
as may be prescribed.
(6) The salaries and allowances of Secretary, Director(s) and all other
officers and employees of the Authority shall be drawn from the funds of the
Authority.
Administrative
Branches, Officers
and other
employees of the
Authority
10. (1) The Authority shall have its meetings at such time as the Chairperson
may direct, but the meetings of the Authority shall be held at least once every quarter
of a calendar year.
(2) The Authority shall meet at such places and shall observe such rules of
procedure in regard to the transaction of business at its meetings, as may be provided
by regulations.
(3) The Chairperson or in his absence, the Vice Chairperson, or in the
absence of both, the senior most member of the Authority shall preside over the
meeting.
Meetings
11. In the discharge of its functions under this Act, the Authority shall act, so
far as may be, on business principles.
Authority to act on
business principles
12.(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) An Advisory Committee may consist of such number of persons having
qualifications and experiences related to shipping and navigation and allied aspects,
as the Authority may deem fit.
(3) The Authority may also empanel any subject expert(s) for the efficient
discharge of its functions as and when required.
Advisory
Committee and
empanelment of
experts
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Vacancy, etc., not
to invalidate the
proceedings of
the Authority
13. 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
(c) any irregularity in the procedure of the Authority not affecting the
merits of the case.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
Powers and
functions of the
Authority
14. (1) The Authority may,-
(a) act as a Nodal Authority for the purpose of implementation of the
provisions, related to State Government, in the Inland Vessels Act, 2021
(Act no.24 of 2021);
(b) co-operate and co-ordinate with the Inland Waterways Authority of India
in relation to the discharging of powers, functions or duties conferred
upon it under the Inland Vessels Act, 2021(Act no.24 of 2021);
(c) regulate the activities of inland water transport and tourism, inland water
port and terminal operation and services;
(d) regulate the construction or alteration of structures on, across or under the
inland waterways;
(e) lay down standards for classification of inland waterways (other than
national waterways);
(f) formulate and regulate tourist circuit route for river cruise operations;
(g) registrations and survey of inland vessels of all mechanised vessels and
non-mechanised vessels;
(h) ensure compliance with prescribed safety and environmental
laws/regulations for vessels, ports, terminals, navigation and other inland
water transport and tourism activities;
(i) remove or alter any obstruction or impediment in the inland waterways
and the appurtenant land which may impede the safe navigation or
endanger the 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;
(j) control activities such as throwing rubbish, dumping or removal of
material, in or from the bed of the waterways and provide required
reception facilities and refuelling ;
(k) determination and classification of catchment area of a river, lake and
other water body within the territorial jurisdiction of Uttar Pradesh, and
superintendence over and control of activities within the determined and
defined catchment area;
(l) carry out conservancy measures for the safety and convenience of
shipping and navigation and improvement of inland waterways;
(m) carry out hydrographic surveys and investigations for the development,
maintenance and better utilization of inland waterways and publish river
charts, providing navigation aids for day and night navigation including
but not limited to radio communication;
(n) disseminate navigational meteorological information about inland
waterways;
(o) ensure co-ordination of inland water transport on inland waterways with
other modes of transport;
(p) establish and maintain pilotage on inland waterways that lie within the
territory of Uttar Pradesh and in respect of which the Central Government
has not specified anything;
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(q) provide or permit any activity having relevance to shipping and
navigation in the inland waters including setting up of infrastructural
facilities, water tourism, dredging, river training, embankment et-cetera
on inland waterways;
(r) regulate constructions of inland waterway terminals, loading and
unloading to/from terminals and vessel to vessel transhipment on inland
waterway routes;
(s) power to fix maximum rates for passenger fares and freight of goods for
mechanized and non-mechanized inland vessels within the territorial
jurisdiction of the state of Uttar Pradesh;
(t) regulation of pontoon bridges;
(u) carry out analysis of inland water traffic data and prepare annual reports
on the overall inland waterways development in the State of Uttar
Pradesh, make projections for inland waterways traffic demand in Uttar
Pradesh, and assist vessel/cargo/ferry operators to draw up their
expansion plans;
(v) conduct and engage in scientific and applied research in matters relating
to water transport and tourism, and shipping and navigation;
(w) cause to establish a training institute as well as arrange program of
technical training within and outside India for the purpose of capacity
building of inland waterways transport service provider, inland vessels
masters and crew, stakeholders, including officers and employees of the
Authority;
(x) advise the State Government on matters relating to inland waterways,
water transport and tourism;
(y) perform any other related functions as assigned to it by the State
Government;
(z) frame regulations and detailed guidelines and issue executive instructions
for its proper functioning;
(aa) furnish all the reports required under the provisions of this Act.
(2) Without prejudice to the generality of the provisions contained under sub-
section (1), the Authority may also:-
(a) approve and implement environmental, economic, safety management and
emergency plans;
(b) recommend to the State Government amendments to this Act;
(c) promote multi modal transport system for benefit of consumers and trade;
(d) promote public private partnerships, private participation and outsourcing
for effective implementation of this Act;
(e) take all necessary steps for exercise of any power or discharge of any
function which may be incidental to this Act;
(f) carry out any other function, duty and responsibility which may be
entrusted to it by the State Government;
(g) 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
(h) monitor and enforce the set performance standards relating to continuity,
reliability and quality of service.
(3) Any dispute arising out of or concerning the compensation referred to in
clause (i) of sub-section (1) shall be determined according to the law relating to like
disputes in the case of land required for public purposes.
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Authority to
have same
powers as
vested in a civil
Court
15. The 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 (Act no. 5 of 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:
Transparency
and good
governance
16. The 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
PROPERTY AND CONTRACTS
Transfer of
assets and
liabilities of the
State
Government to
the Authority
17. (1) As from such day as the State Government may, appoint by
notification in the Official Gazette, —
(a) all properties and other assets related or connected to inland waterways
and water transport, water tourism and shipping vested in various
departments of the State Government, 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 State
Government immediately before such day for or in connection with the
purposes of inland waterways and water transport, water tourism and
shipping 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 State Government for or
in connection with the purposes of inland waterways and water transport,
water tourism and shipping up to such day and declared to be capital
expenditure by the State Government shall, subject to such terms and
conditions as may be determined by the State Government, be treated as
capital provided by the State Government to the Authority;
(d) all sums of money due to the State Government in relation to inland
waterways and water transport, water tourism and shipping 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 waterways and water transport, water tourism and shipping
which having been instituted by or against the State Government and 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.
(2) The Authority shall have the power to take employees from other
Departments of Government of Uttar Pradesh / State Public Sector Undertakings /
autonomous bodies on deputation basis or appoint regular employees or contract
employees on its own as per procedure followed by the Government:
Provided that during the period of deputation of any such employee with
the Authority, the Authority shall pay to the State Government or concerned
Department in respect of every such employee, such contribution towards his leave
salary, pension and gratuity as may be prescribed by the State Government:
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 becoming a regular
employee of the Authority, shall be absorbed by the Authority in its regular service.
(3) If any dispute or doubt arises as to which of the properties, rights or
liabilities of the State Government have been transferred to the Authority or as to
which of the employees serving under the State Government are to be treated to be on
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787 RPH 2023 (Waterways Authority) data 1e
deputation with the Authority under this section, such dispute or doubt shall be
decided by the State Government in consultation with the Authority and the decision
of the State Government thereon shall be final.
(4) Notwithstanding anything contained in any State 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.
18. Subject to the provisions of this Act, the Authority shall be competent to
enter into and perform any contract necessary for the discharge of its functions under
this Act.
Contracts by the
Authority
19. (1) Every contract shall, on behalf of the Authority, be made by the
Chairperson 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 State
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 a term exceeding thirty years and no
other contract exceeding such value or amount as the State Government may, from
time to time, by order, fix in this behalf shall be made unless it has been previously
approved by the State 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 specified in the
regulations.
(3) No contract which is not in accordance with the provisions of this Act and
the regulations made thereunder shall be binding on the Authority.
Mode of
executing
contracts on
behalf of the
Authority
CHAPTER V
FINANCE, ACCOUNTS, AUDIT AND ANNUAL REPORT
20. (1) The Authority may, with the previous approval of the State
Government, levy fees and charges at such rates for services or benefits rendered in
relation to the use of the inland 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 the Authority.
Levy and
collection of fees
and charges
21. The State Government may, after due appropriation made by State
Legislature by law in this behalf, make to the Authority grants and loans of such sums
of money as it may consider necessary.
Grants and loans
by the State
Government
22. The Authority may, in such manner and subject to approval of the State
Government, obtain loans from any scheduled commercial bank or 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 this Act.
Borrowing
powers of the
Authority
23. (1) There shall be constituted a Fund to be called “the Uttar Pradesh
Inland Waterways Authority Fund” and there shall be credited thereto,—
(a) any grants and loans made to the Authority by the Central and State
Government;
(b) all fees and charges received by the Authority under this Act and under
Inland Vessels Act, 2021(Act no.24 of 2021) ;
(c) any sum received by the Authority under any scheme of Central and State
Government related to inland waterways;
(d) any sum received by the Authority under any specific project of Central
and State Government related to inland waterways;
Constitution of
the Fund
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(e) all sums received by the Authority from such other sources as may be
decided upon by the State Government.
(2) The Fund shall be applied for meeting,—
(a) salary, allowances and other remuneration of the Chairperson (if an expert
person is appointed by the Chief Minister of Uttar Pradesh) and Vice-Chairperson,
Secretary and all other officers and employees of the Authority;
(b) expenses of the Authority in the discharge of its functions under this Act;
and
(c) expenses of the Authority in establishing its head office and other sub-
offices, either through new construction or hiring on rent.
Budget 24. The Authority shall prepare, in such form and at such time in 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 State
Government.
Investment of
funds 25. The Authority may invest its funds (including any reserve fund) in the
securities of the State and Central Government or in such other manner as may be
prescribed.
Bankers of the
Authority 26. The Bankers of the Authority shall be any Scheduled Commercial Bank
within the meaning of Reserve Bank of India Act, 1934 (Act no.2 of 1934), as may be
determined by the Authority.
Accounts and
audit 27. The accounts of the Authority shall be maintained and audited in such
manner as may, in consultation with the Accountants General of Uttar Pradesh, be
prescribed and the Authority shall furnish, to the State Government, before such date
as may be prescribed, its audited copy of accounts together with the auditors’ report
thereon.
Annual Report 28. 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 State Government.
Annual report
and auditors’
report to be laid
before State
Legislature
29. The State 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 the State
Legislature.
CHAPTER VI
MISCELLANEOUS
Power of State
Government to
issue directions
30. (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 State 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 State Government as to whether a question is one of
policy or not shall be final.
Compulsory
acquisition of
land for the
Authority
31. 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 Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Act no. 30 of 2013) or of any other corresponding law for the time being in force.
Application, etc.,
of certain laws 32. (1) The provisions of this Act shall be in addition to the provisions of the
Indian Ports Act, 1908 (Act no.15 of 1908) and the Major Port Authorities Act, 2021
(Act no. 1 of 2021) and in particular nothing in this Act shall affect any jurisdiction,
functions, powers or duties required to be exercised, performed or discharged by the
conservator of any port or by any officer or authority under the Indian Ports Act, 1908
(Act no.15 of 1908), or the Board of Trustees for any major port or by any officer or
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authority under the Major Port Authorities Act, 2021 (Act no. 1 of 2021), 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,
2021(Act no.24 of 2021) or any other Central Act (other than the Indian Ports Act,
1908 (Act no. 15 of 1908) and the Major Port Authorities Act, 2021 (Act no. 1 of
2021) or any State Act in force immediately before the commencement of this Act
with respect to shipping and navigation on any national waterway.
33. Subject to any rules made in this behalf, any person, generally or
specially authorized by the Authority in this behalf, may, whenever it in 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.
Power to enter
34. The Authority may, by general or special order in writing, delegate to the
Chairperson or Vice Chairperson 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 to make
regulations under this Act), as it may deem necessary.
Delegation
35. All orders and decisions of the Authority shall be authenticated by the
signature of the Chairperson or Vice- Chairperson or any other member authorized by
the Authority in this behalf and all other instruments executed by the Authority shall
be authenticated by the signature of an officer of the Authority authorized by the
Authority in this behalf.
Authentication
of orders and
other
instruments of
the Authority
36. All members, officers and other employees of the Authority shall be
deemed, when acting or purporting to act in pursuance of any of the provisions of this
Act, to be public servants within the meaning of section 21 of the Indian Penal Code,
1860 (Act no. 45 of 1860).
Members,
officers and
employees of the
Authority to be
public servants
37. (1) No suit, prosecution or other legal proceedings shall lie against the
Government or any officer of the Government or any member, officer or employee of
the Authority for anything which is in good faith done or intended to be done under
this Act or the rules or regulations made thereunder.
(2) No suit or other legal proceedings shall lie against the Authority for any
damage caused or likely to be caused by anything in good faith done or purported to be
done under this Act or the rules or regulations made thereunder, and in particular, it
shall not be the responsibility of the Authority to provide for relief measures
necessitated by floods or by breaches and failures of works.
Protection of
action taken in
good faith
38. (1) If, at any time, the State Government is of opinion, -
(a) that on account of a grave emergency, the Authority is unable to discharge
the functions and duties imposed on it by or under the provisions of this Act;
or
(b) that the Authority has persistently made default in complying with any
direction issued by the State Government under this Act or in the discharge of
the functions and duties imposed on it by or under the provisions of this Act
and as a result of which default the financial position of the Authority or the
administration of any inland waterway has deteriorated; or
Power of State
Government to
supersede the
authority
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787 RPH 2023 (Waterways Authority) data 1e
(c) that circumstances exist which render it necessary in the public interest so to
do;
then the State Government may, by notification in the Official Gazette,
supersede the Authority for such period, not exceeding six months, as may be specified
in the notification:
Provided that before issuing a notification under this Act for the reasons
mentioned in this Act, the State Government shall give a reasonable opportunity to the
Authority to show cause why it should not be superseded and shall consider the
explanations and objection, if any, of the Authority.
(2) Upon the publication of a notification under this Act superseding the
Authority, -
(a) all the members shall, as from the date of supersession, vacate their
offices as such;
(b) all the powers, functions and duties which may, by or under the
provisions of this Act, be exercised or discharged by or on behalf of the
Authority, shall, until the Authority is reconstituted under this Act, be
exercised and discharged by such person or persons as the State Government
may direct;
(c) all property owned or controlled by the Authority shall, until the
Authority is reconstituted under this Act, vest in the State Government.
(3) On the expiration of the period of supersession specified in the
notification issued under this Act, the State Government may,—
(a) extend the period of supersession for such further term, not
exceeding six months, as it may consider necessary; or
(b) reconstitute the Authority by fresh appointment and in such case any
persons who vacated their offices under clause (a) of sub-section (2) shall not
be deemed disqualified for appointment:
Provided that the State Government may, at any time before the expiration of
the period of supersession, whether as originally specified under sub-section (1) or as
extended under this sub-section, take action under clause (b) of this sub-section.
(4) The State Government shall cause the notification issued under sub-
section (1) and a full report of any action taken under this section and the
circumstances leading to such action to be laid before State Legislature at the earliest
opportunity.
Power to make
rules 39. (1) For the purposes of effective implementation of the provisions of this
Act, the State Government shall, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) powers and duties of the Chairperson and Vice-Chairperson;
(b) the terms and conditions of the Chairperson (if an expert person is
appointed by the Chief Minister of Uttar Pradesh) and Vice-Chairperson and
Secretary of the Authority under this Act;
(c) the matters with respect to the Advisory Committee and empanelment
of subject experts referred to in this Act;
(d) the form in which, and the time at which, the Authority shall prepare its
budget under this Act and its annual report under this Act;
(e) the manner in which the Authority may invest its funds under this Act;
(f) the manner in which the accounts of the Authority shall be maintained
and audited under this Act;
(g) the conditions and restrictions with respect to exercise of the power to
enter under this Act; and
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787 RPH 2023 (Waterways Authority) data 1e
(h) any other matter which is required to be, or may be, prescribed under the
provisions of this Act for the purpose of implementation and administration of such
provisions.
40. (1) The Authority may, with the previous approval of the State
Government, by notification in the Official Gazette, make regulations, consistent with
this Act and the rules made thereunder, generally to carry out the purposes ofExcerpt shown. Open the full act in Lexace.