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INLAND WATERWAYS AUTHORITY OF INDIA ACT

Ministry of Law and Justice

Act nº 82 of 1985


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Amending Acts
  • Act nº 82 of 1985

Preamble

INLAND WATER WAYS AUTHORITY OF INDIA ACT, 1985

[Act, No. 82 of 1985]

[30th December, 1985]

PREAMBLE

An Act to provide for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental. thereto.

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows: -

Chapter I

Section 1. Short title and commencement

(1) This Act may be called The Inland Waterways Authority ofIndia Act, 1985.

(2) It shall come into force on such date1 as theCentral Government may, by notification in the Official Gazette, appoint.

1.The appointed date is 27.10.1986 vide Gazette of India dated27.10.1986.


Section 2. Definitions

In this Act, unless the context otherwise requires,-

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

(b) "Authority" means the Inland Waterways Authority of India constituted under section 3;

(c) "channel" means any waterway, whether natural or artificial;

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

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

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

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

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

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

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

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

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

Chapter II

Section 3. Constitution and incorporation of the Inland Waterways Authority of India

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

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

1[(3) The Authority shall consist of the following members, namely: --

(a) a Chairman;

(b) a Vice-Chairman;

(c) not more than three full-time members; and

(d) not more than three part-time members,

to be appointed by the Central Government by notification in the Official Gazette.]

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

1. Substituted by The Inland Waterways Authority Of India (Amendment) Act, 2001 w.e.f 11.09.2001. Prior to its substitution sub-section 3 read as under: -

"The Authority shall consist of the following members, namely: -

(a) a Chairman;

(b) a Vice-Chairman; and

such number of persons, not exceeding five; to be appointed by the Central Government."


Section 4. Conditions of service of members

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

Section 4A. Disqualifications for appointment as member

1[SECTION 4A. Disqualifications for appointment as member.

A person shall be disqualified for being appointed as a member, if he-

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

(b) is an undischarged insolvent; or

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

1. Inserted by The Inland Waterways Authority Of India (Amendment) Act, 2001 w.e.f 11.09.2001.


Section 5. Powers of Chairman and Vice-Chairman

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

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

Section 5A. Meetings

1[SECTION 5A. Meetings

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

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

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

1. Inserted by The Inland Waterways Authority Of India (Amendment) Act, 2001 w.e.f 11.09.2001.


Section 6. Removal etc., of members

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

(a) refuses to act,

(b) has become incapable to act,

(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.

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

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

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

Section 7. Vacancy, etc., not to invalidate proceedings of the Authority

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

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

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

(c) any irregularity in the procedure of the Authority not affecting the merits of the case.

Section 8. Secretary and other officers

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

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

Section 9. Advisory Committees

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

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

Section 10. Authority to act on business principles

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