[Act, No. 26 of 1951] [3rd May, 1951] An Act further of amend the Inland
Steam--vessels Act, 1917. BE it enacted by Parliament as follows:- (1)
This Act may be
called the Inland Steam-vessels
(Amendment) Act, 1951. (2)
This section
and sections 2 and 9 shall come into force at once, and the remaining sections
shall come into force on such date as the central Government may, by
notification in the Official Gazette, appoint. In section 1of the Inland Steam-vessels
Act, 1917 (hereinafter referred to as the principal Act). for sub-sections
(2) and (3), the following sub-section
shall be substituted, namely:- "(2) It extends to the whole of India except
the State of Jammu and Kashmir: Provided that it shall not come into force in the States of Travancore-Cochin and Madras or in that part of
the State of Orissa which on the 31st day of March, 1936, was included in the State
of Madras, unless the State Government concerned, by notification in the
Official Gazette, so directs," In the principal after Chapter 11, the following shall be inserted,
namely:- CHAPTER IIA REGISTRATION OF INLAND STEAM-VESSELS 19A. Inland steam-vessels not to proceed on voyage or be used for
service without certificate of registration (1)
An inland steam. 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
steam-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 Price-anna 1 or 1 1/2d. Inland Steam-vessels (Amendment) (b)
be in
derogation of the provisions contained in section 3. 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 (Act XLV of 1860). 19C. Book of registration At every place of registry, a book shall be kept by the registering in which
all the particulars contained in the form of the certificate of registration
shall be duly entered and such registering authority shall, immediately after
registering any inland steam-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 steam-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 steam-vessel ordinarily resides or carries
on business. (2)
Where the owner
applying for a certificate of registration is a company registered under the
Indian Companies Act, 1913 (VII of 1913), the application may be made to a
registering authority within the local limits of whose jurisdiction the
principal office of the company is situate. (3)
Notwithstanding
anything contained in this section, an inland steam-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 company, 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 steam-vessel, the
registering authority, after making such inquiry as it thinks fit, is satisfied
that the provisions of this Act or of any rules made there under 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 may refuse to register an inland steam-vessel, if she is found to be mechanically defective, or if the
applicant fails to furnish satisfactory evidence in support of any of the
statements made in his application. Provided that where the registering authority refuses to register any
inland steam-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
Merchant Shipping Acts Where an application is made under this Act for the registration of an
inland steam-vessel registered
under the Merchant Shipping Act, 1894 (57 and 58 Vict. , c. 60),
as amend by any subsequent enactment, the registering authority shall, on
receipt of such application and any fee that may be prescribed, and on being
furnished with satisfactory proof of the fact of such registration, grant to
the applicant a certificate of registration under this Act. 19H. Marking of inland steam-vessels Where an inland steam-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. 19I. Prohibition against transfer of certificate of registration (1)
A certificate
of registration granted in respect of any inland steam-vessel shall be used only for the lawful navigation of that
vessel. (2)
A certificate
of registration in respect of an inland steam-vessel issued by a registering authority in one State shall be
valid for that State only, but where any such vessel plies in inland waters of
more than one 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: Provided that the owner of the vessel has not ceased to reside or carry
on business in the State in which the vessel was originally registered. 19J. Registration of alterations (1)
When an inland
steam-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 registered. (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. (4)
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
registered anew. 19K. Transfer of registry (1)
The registry of
an inland steam-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 the registering authority of
the place where the vessel is registered. (2)
On receipt of
such application, the registering authority shall transmit notice thereof to
the registering authority of the intended place of registry with a copy of all
particulars relating to the vessel. (3)
The certificate
of registration in respect of the vessel shall be delivered up to the
registering authority either of the existing or intended place of registry, and
if, delivered up to the former, shall be transmitted to the registering
authority of the intended place of registry. (4)
On receipt of
the documents, referred to in sub-section
(2) and (3) and the prescribed fee, if any, the registering authority of the
intended place of registry shall enter in its register book all the particulars
so transmitted as aforesaid 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. 19L. Change of residence or place of business (1)
If the owner of
an inland steam-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
certificate 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 that 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 steam-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 steam-vessel is also registered under the Merchant Shipping Act, 1894
(57 and 58 Vict. c. 60), as amended by any
subsequent enactment, 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 substituted. (2)
Subject to the
provisions of sub-section (1)
the owner of an inland steam-vessel
registered under this Act and the transferred thereof shall, within thirty days
of the transfer of ownership of the said vessel to the transferee, 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,
together 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 steam-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 steam-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. (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. 19O. Cancellation of registration (1)
If an inland
steam-vessel has been destroyed
or has been rendered permanently unit 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 or 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 steam-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 authority is satisfied that the vessel is in such a condition that
it is not fit to ply in any inland water, the registering authority may, after
giving the owner of the vessel an opportunity of being heard, cancel the
registration of the vessel and require the owner 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 steam-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 19O, may, within thirty days of the date on which he 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 opportunity 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 steam-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)
are required as
a condition of plying in the inland waters of that country to comply with any
special requirement, whether by way of registration a new or payment of a fee
or otherwise, the Central Government may, by notification in the Official
Gazette for the purpose of reciprocity direct that the same exemption or
requirement, or an exemption or a requirement as similar thereto as may be, be
granted to , or imposed upon, inland steam-vessels registered in that country while plying in the inland
waters of the territories in which this Act extends. 19R. Power to make rules (1)
The State
Government may make rules to carry out the objects of this Chapter. (2)
In particular,
and without prejudice to the generality of the foregoing power, such rules may- (a)
prescribe the
powers, duties and functions of registering authorities and local limits of
their jurisdiction; (b)
prescribe the
form of, and the particulars to be contained in, applications for, and
certificates of, registration; (c)
provide for the
form and manner in which books of registration shall be maintained under this
Chapter; (d)
provide for the
issue of duplicate certificates of registration to replace certificates lost,
destroyed or mutilated; (e)
prescribe,
subject to the approval of the Central Government, the fees to be charged for
the registration of inland steam-vessels or for any other action to be taken by
the registering authority under this Chapter, and provide for the exemption of
any person or class of persons from payment of the whole or any part of any
such fees; (f)
prescribe the
period within which, and the manner in which, the owner of an inland
steam-vessel shall make a report of any alteration in the vessel under section
19J; (g)
prescribe the
manner in which appeals to the State Government may be preferred under this
Chapter and the fees payable in respect of any such appeal; (h)
provide for any
other matter which is to be or may be prescribed under this Chapter. " In section 55 of the principal Act, after the word and figure
"section 3" in both the places where they occur, the words, figures
and letter "or section 19A" shall be inserted. In section 56 of the principal Act, after the words and figures "as
required by section 10" the words, figures and letter "or if the
registration mark is not displayed as required by section 19H" shall be
inserted. For section 57 of the principal Act, the following section shall be
substituted, namely:- "57. Penalty for neglect or refusal to deliver
up or surrender certificates of survey or registration. - If the owner or master of an inland steam-vessel without reasonable cause neglects or refuses- (a)
to deliver up a
certificate of survey when required under section 14 so as to do; or (b)
to deliver up a
certificate of registration when required under section 19N so to do ; or (c)
to surrender a
certificate of registration as required by section 19O, he shall be punishable
with fine, which may extend to one hundred rupees;" After section 63 of the principal Act, the following section shall be
inserted, namely:- "63A. General provision for punishment of
offences not otherwise provided for. - If any person contravenes any of the provisions of this Act for which no
other penalty is provided in this Act, he shall be punishable with fine which
may extend to two hundred rupees. " In section 68 of the principal Act, for the words and figures
"Chapters II and III", the words, figures and letter "Chapter
II, IIA and III", shall be substituted. After section 74 of the principal Act, the following section shall be
inserted, namely:- "75. Repeal and saving. - (1)
If immediately
before the day on which this Act comes into force in a Part B State, there is
in force in that State any law which corresponds to this Act, such
corresponding law shall, on that day stand repealed. (2)
Notwithstanding
such repeal, anything done or any action taken in the exercise of any powers
conferred by such corresponding law shall be deemed to have been done or taken
in the exercise of the powers conferred by this Act, and any penalty incurred
or proceeding commenced under such corresponding law shall be deemed to be a
penalty incurred or proceeding commenced under this Act, as if this Act were in
force on the day on which such thing was done, action taken, penalty incurred,
or proceeding commenced. "INLAND STEAM-VESSELS (AMENDMENT) ACT, 1951
PREAMBLE
Section - 1.
Short title and commencement
Section - 2.
Amendment of section 1, Act 1 of 1917
Section - 3.
Insertion of new Chapter IIA in Act 1 of 1917
Section - 4.
Amendment of section 55, Act I of 1917
Section - 5.
Amendment of section 56, Act I of 1917
Section - 6.
Substitution of new section for section 57, Act I of 1917
Section - 7.
Insertion of new section 63A in Act I of 1917
Section - 8.
Amendment of section 68, Act I of 1917
Section - 9.
Insertion of new section 75 in Act I of 1917