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INLAND VESSELS ACT

Ministry of Law and Justice

Act nº 1 of 1917


  • Chapter I
  • Chapter II. Survey of Inland Mechanically Propelled Vessels
  • Chapter IIA. Registration of Inland Mechanically Propelled Vessels
  • Chapter III. Master (Including Serangs) and Engineers (Including Engine-Driver) of Inland Mechanically Propelled Vessels
  • Chapter IV
  • Chapter IVA. Removal of Obstructions and Similar Hazards in Navigation
  • Chapter V
  • Chapter VI. Protection Of, and Carriage of Passengers In, Inland Mechanically Propelled Vessels
  • Chapter VIA. Insurance of Mechanically Propelled Vessels Against Third Party Risks
  • Chapter VIAB
  • Chapter VII
  • Chapter VIII
  • Schedules
  • Amending Acts
    • AmendingActs3. Inland Steam-Vessels (Amendment) Act, 1977
  • Act nº 1 of 1917

Preamble

The1[INLAND VESSELS] ACT, 1917

[Act, No. 1 of 1917]

[7th February, 1917]

PREAMBLE

An Act to consolidate the enactments relating to2[Inland Vessels.]

Whereas it is expedient to consolidate the enactments relating to [inland vessels]; It is hereby enacted as follows:--

The Act came into force on 1-6-1917;

1. Substituted for the words "Inland Steam-vessels" by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 4 (w.e.f. 1-5-1978).

2. Substituted for the words "Inland Steam-vessels" by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 2 (w.e.f. 1-5-1978).


Chapter I

Section 1. Short Title And Extent

(1) This Act may be called the1[lnland Vessels] Act, 1917.

2[(2) It extends to the whole of India except the State of Jammu and Kashmir.

4[* * *]

1. Substituted for the words "Inland Steam-vessels" by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 4 (w.e.f. 1-5-1978).

2. Substituted for sub-sections (2) and (3) by the Inland Steam-vessels (Amendment) Act, 1951 (26 of 1951) section 2 (w.e.f. 3-5-1951).

3. Substituted for the former proviso by 3 A.L.O., 1956.

4. Proviso omitted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007]. Prior to omission the text was as follows:

"3[Provided that it shall not come into force in any part of the territories which on the 31stday of March, 1936, were included in the Province of Madras or which on the 31st day of October, 1956, were included in the State of Travancore-Cochin, unless the State Government concerned, by notification in the Official Gazette, so directs.]"


Section 2. Definitions

1[(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 water as defined 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 the mechanically propelled vessel and vessel propelled by outboard motor;]

4[(d)] passenger includes any person carried in a mechanically propelled vessel other than the master and crew and the owner, his family and servants;

4[(e)] prescribed means prescribed by any rule under this Act;

5[(5) *****]

6[(f)] survey means this survey of a mechanically propelled vessel under this Act;

6[(g)] surveyor means a surveyor appointed under this Act;

9[(ga) "tidal water" has the meaning assigned to it in clause (49) of section 3 of the Merchant Shipping Act, 1958(44 of 1958);] and

6[(h)] voyage includes the plying of a mechanically propelled vessel at or about any place.

7[(2) Any reference to the Inland Steam-vessels Act, 1917, in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Inland Steam-vessels Act, 1917.]

1. Section 2 remembered as sub-section(1) thereof and in sub-section (1) as so renumbered. Clause(1) substituted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

2. Clause (2) relettered as clause (b) and after clause (b) as so relettered clause (c), inserted by Inland Steam-vessels (Amendment) Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

3. The words in the provinces were omitted by A.L.O., 1950.

4. Original clauses (3) and (4) lettered as (d) and (e) respectively by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

5. Original clause(5) omitted by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

6. Original clause (6), (7) and (8) lettered as clause (f), (g) and (h) respectively by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

7. Sub-section (2) inserted by Amendment Act, 1977 (35 of 1977), section 6 (w.e.f. 1-5-1978).

8. Substituted for the following by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].

"1[(a) inland vessel or mechanically propelled vessel means a mechanically propelled vessel which ordinarily plies on any inland water;]

2[(b)] inland water means any canal, river, lake or other navigable water;3[* * * *]

2(c) mechanically propelled vessel means every description of vessel propelled wholly or in part by electricity, steam'or other mechanical power.]"

9. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].


Chapter II
Survey of Inland Mechanically Propelled Vessels

1. Provisions of this Chapter have been enforced in the Union Territory of Goa, Daman and Diu, with effect from 1-8-1965 with certain reservations.

2. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)


Section 3. Inland Mechanically Propelled Vessel Not To Proceed On Voyage Or To Be Used For Service Without Certificate Of Survey

3. Inland1[Mechanically Propelled Vessel] Not To Proceed On Voyage Or To Be Used For Service Without Certificate Of Survey

(1) An inland1[mechanically propelled vessel] shall not proceed on any voyage, or be used for any service unless she has a certificate of survey in force 2[in the zone intended for operation and applicable to such voyage or service in such zone.]

3[Explanation - For the purposes 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 purposes of this Act.]

(2) Nothing in this section shall apply to any1[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.

1. For the words Steam-Vessel and Steam-vessels wherever they occur throughout the Act the words mechanically propelled vessel and Mechanically propelled vessels substituted respectively (w.e.f. 1-5-1978).

2. Substituted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007], for the words "and applicable to such voyage or service"

3. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].


Section 4. Appointment Of Surveyors And Places Of Survey

(1) The1[State Government] may, by notification in the2[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.

1. Substituted for the words "Provincial Government" by A.O., 1950.

2. Substituted for the words "Local Official Government" by A.L.O., 1937.


Section 5. Powers Of Surveyors

(1) For the purposes of a survey, the surveyor may, at any reasonable time, go on board any inland,1[mechanically propelled vessel], and may inspect the1[mechanically propelled vessel] and every part thereof, including the hull, boilers, engines and other machinery, and all equipments and articles on board :

Provided that he shall not unnecessarily hinder the loading or unloading of the11[mechanically propelled vessel], or unnecessarily detain or delay her from proceeding on any voyage.

(2) The owner, master and officers of the1[mechanically propelled vessel] shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the1[mechanically propelled vessel], and her machinery or any part thereof, and all equipments and articles on board, as he may require for the purposes of a survey.

1. For the words Steam-Vessel and Steam-vessels wherever they occur throughout the Act the words mechanically propelled vessel and Mechanically propelled vessels substituted respectively (w.e.f. 1-5-1978)


Section 6. Fees In Respect Of Surveys

Before a survey is commenced, the owner or master of the1[mechanically propelled vessel] to be surveyed shall pay to such officer as the2[State Government] may, by notification in the3[Official Gazette], appoint in this behalf--

(a) a fee calculated on the tonnage of the1[mechanically propelled vessel] according to the rates mentioned in Schedule 1, or according to any other prescribed rates; and

(b) when the survey is to be made in any place of survey other than Calcutta, Madras,4[or Bombay], such additional fee in respect of the expense (if any) of the journey of the surveyor to the place as the2[State Government] may by such notification direct.

1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

2. Substituted for the words "Provincial Government" by A.O., 1950.

3. Substituted for the words "Local Official Government" by A.L.O., 1937.

4. Substituted for the words "Bombay or Rangoon" by A.O., 1937.


Section 7. Declaration Of Surveyor

When the survey of a1[mechanically propelled vessel]2is completed, if the surveyor making it is satisfied that--

(a) the hull, boilers, engines and other machinery of the1[mechanically propelled vessel] are sufficient for the voyage or service intended and in good condition, and

(b) the equipments of the1[mechanically propelled vessel] and the certificates of the master and engineer are such and in such condition as are required by any law for the time being in force and applicable to the2[mechanically propelled vessel,] the surveyor shall forthwith give to the owner or master a declaration in the prescribed form containing the particulars mentioned in clauses (a) and (b), and the following further particulars, namely:--

(i) the time (if less than one year) for which the hull, boilers, engines find other machinery and equipments of the2[mechanically propelled vessel] will be sufficient;

(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other machinery or equipments, the2[mechanically propelled vessel] is in the surveyor's judgment not fit to ply;

(iii) the number of passengers (if any) which the steam-vessel is, in the judgment of the surveyor, fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins; the number to be subject to such conditions and variations, according to the time of year the nature of the voyage, the cargo carried or other circumstances, as the case requires,2[* * *]

2[(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.

1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

2. Word "and" occurring at the end omitted and then item (iiia) inserted by Inland Steam Vessels (Amendment) Act, 1977 (35 of 1977), Section 7(i), (ii) (1-5-1975).


Section 8. Sending Of Declaration By Owner Or Master To State Government

(1) The owner or master of a1[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 the2[State Government] may, by notification in the3[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. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)

2. Substituted for the words "Provincial Government" by A.O., 1950.

3. Substituted for the words "Local Official Government" by A.L.O., 1937.


Section 9. Power For State Government To Grant Or Authorise The Grant Of Certificates Of Surveys

(1) The1[State Government] shall, if satisfied that all the provisions 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 the2[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 the1[State Government] may, by notification in the3[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 a[State Government]), the certificate, in duplicate, so prepared shall be granted to the owner or master by the1[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 the2[mechanically propelled vessel] and the declaration of survey have been complied with, and shall set forth --

(a) the particulars concerning the2[mechanically propelled vessel] mentioned in the declaration of surveys as required by clauses (i), (ii) and (in) of section 7, and

(b) any other prescribed particulars.

(4) The1[State Government] may, by notification in the3[Official Gazette], delegate to any person all or any of the functions assigned to the1[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.

1. Substituted for the words "Provincial Government" by A.O., 1950.

2. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978).

3. Substituted for the words "Local Official Government" by A.L.O., 1937.


Section 9A. Temporary permit

1[9A. Temporary permit

The surveyor who conducted the survey may, without following the procedure laid down in section 9, grant a permit to be effective 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 in service temporarily pending the issue of the certificate of survey.]

1. Inserted by the Inland Vessels (Amendment) Act, 2007 [Act No. 35 of 2007].


Section 10. Certificate Of Survey To Be Affixed In Conspicuous Part Of Mechanically Propelled Vessel

10. Certificate Of Survey To Be Affixed In Conspicuous Part Of 1[Mechanically Propelled Vessel]

The owner or master of every1[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 the1[mechanically propelled vessel] is in use, on some conspicuous part of the1[mechanically propelled vessel] where it may be easily read by all persons on board.

1. For the words "Steam-Vessel" and "Steam-vessels" wherever they occur throughout the Act the words "mechanically propelled vessel" and "Mechanically propelled vessels" substituted respectively (w.e.f. 1-5-1978)


Section 10A. Effect Of Certificates Of Survey

1[10A. Effect Of Certificates Of Survey

A certificate of survey shall have effect throughout the2[State] in which it was granted: Provided that such a certificate may be endorsed by the2[State Government] of any other2[State], or with the general or special sanction of the 8[State Government] of that other2[State], by the authority granting it, so as to have effect in that other2[State] or any part thereof, and, if so endorsed, shall have effect accordingly.]

1. Inserted by A.O., 1937.

2. Substituted for the word "Province" or words "Provincial Government" by A.L.O, 1950.