[Act No. 35 of 1977] [7th December, 1977] An Act further to amend the Inland Steam-vessels Act,1917 BE it enacted by Parliament in the Twenty-eighth Year of the Republic of
India as follows :- (1)
This Act may be
called the Inland Steam-vessels (Amendment) Act, 1977. (2)
It shall come
into force on such date { Except section 26, the remaining Act came into force
on 1-5-1978, vide order No.8-IWT (3)/ 70-P & W, dated 30-3-1978. }as the
Central Government may, by notification in the Official Gazette, appoint and
different dates may be appointment for different provisions of this Act. In the Inland Steam-vessels Act, 1917 (1 of 1917.) (hereinafter
referred to as the principal Act), in the long title, for the words
"Inland Steam-vessels", the words "Inland Vessels"
shall be substituted. In the preamble to the principal Act, for the words "inland steam-vessels",
the words "inland vessels" shall be substituted. In section 1 of the principal Act, in sub-section (1),
for the words "Inland Steam-vessels", the words "Inland
Vessels" shall be substituted. Throughout the principal Act, except in the long title, preamble and
section 1, for the words "steam-vessel" and "steam-vessels",
wherever they occur, the words "mechanically propelled vessels" and
"mechanically propelled vessels" shall, respectively, be substituted. Section 2 of the principal Act shall be renumbered as sub-section
(1) thereof, and - (i)
in sub-section
(1) as so renumbered - (a)
for clause (1),
the following clause shall be substituted, namely :- (a)
"inland
vessel" or "inland mechanically propelled vessels" means a
mechanically propelled vessel which ordinarily plies on any inland water;'; (b)
clause (2)
shall be lettered as clause (b); (c)
after clause
(b) as so lettered, the following clause shall be inserted, namely:- '(c) "mechanically propelled vessel"
means every description of vessel propelled wholly or in part by electricity,
steam or other mechanical power;'; (d) clauses (3) and (4) shall be lettered as
clauses (d) and (e) respectively; (e) clause (5) shall be omitted; (f) clauses (6), (7) and (8) shall be lettered as
clauses (f), (g) and (h) respectively; (ii)
after sub-section
(1) as so renumbered, the following sub-section shall be inserted,
namely :- "(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 Vessels Act, 1917 (1
of 1917.). ". In section 7 of the principal Act, - (i)??? in
item (iii), the word and" occurring at the end shall be omitted; (ii)?? after
item (iii), the following item shall be inserted, namely :- "(iiia) the nature and quantum of cargo which
the mechanically propelled vessel is, in the judgement of the surveyor, fit to
carry; and". In section 19E of the principal Act, in sub-section (2),
for the words and figures "registered under the Indian Companies Act, 1913
(7 of 1913.)", the words and figures "within the meaning
of section 3 of the Companies Act,
1956 (1 of 1956.), shall be substituted. Section
19G of the principal Act shall be omitted. In section 19-I of the principal Act, - (i)
in sub-section
(2), - (a)
for the words
"inland waters of more than one State", the words "inland waters
of any other State" shall be substituted; (b)
the proviso
shall be omitted; (ii)
after sub-section
(2), the following sub-section shall be inserted, namely :- "(3) When an inland mechanically propelled
vessel registered in one State has been kept in another State for a period
exceeding twelve months, the owner or master of the vessel shall make an
application under section 19K to the registering authority, within whose
jurisdiction the vessel then is, for the transfer of registry from the
registering authority of the place where the vessel is registered.". In section 19K of the principal Act, - (i)
in sub-section
(1), for the words "the registering authority of the place where the
vessel is registered", the words "the registering authority of the
State in which the vessel is kept" shall be substituted; (ii)
in sub-section
(2), for the words "the registering authority of the intended place of
registry with a copy of all particulars relating to the vessel", the words
"the registering authority of the place where the vessel is
registered" shall be substituted; (iii)
for sub-sections
(3) and (4), the following sub-sections shall be substituted, namely:- "(3) the certificate to registration 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 ion 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 furnish to a prescribed authority in the State such
information with respect to the inland mechanically propelled vessel and its
registration as may be prescribed.". In section 19M of the principal Act, in sub-section (1), in
the proviso, for the words and figures "also registered under the Merchant
Shipping Act, 1894 (57 and 58 Vict., c. 60. ) as
amended by any subsequent enactment", the words and figures
"registered or deemed to be registered under the Merchant Shipping Act
,1958 (44 of 1958.)" shall be substituted. After section 19Q of the principal Act, the following section shall be
inserted, namely :- '19QA.Mortgage of mechanically propelled vessel or
share The provisions of sections 47, 48, 49, 50, 51, 52 and 53 of the Merchant Shipping Act, 1958 (44 of 1958),
shall mutatis mutandis apply, in relation to the mortgage of a mechanically
propelled vessel as they apply in relation to ships, subject to the following
modifications, namely:- (a)
in sections 47,
48, 49, 50, 51, 52 and 53, references to "ship",
"registrar" and "register book", wherever they occur,
shall, respectively, be construed as references to "mechanically propelled
vessel", "registering authority" and "book of
registration"; (b)
in section 47,
in sub-section (1), for the words "the registrar of the ship's port
of registry shall record it in the register book", the words "the
registering authority shall record it in the book of registration" shall
be substituted.'. In section 19R of the principal, in sub-section (2), - (a)
after clause
(f), the following clause shall be inserted, namely :- "(fa) prescribe the authority and provide for
furnishing to such authority the information with respect to the inland
mechanically propelled vessel and its registration under sub-section (5)
of section 19K;"; (b)
after clause
(g), the following clause shall be inserted, namely :- "(ga) provide for the form of instrument
creating a mortgage of a mechanically propelled vessel or a share therein or
transfer of any such mortgage;". After section 19R of the principal Act, the following section shall be
inserted, namely :- "19S.Certain certificates issued under
Merchant Shipping Act to be valid under this Act. - Every certificate of registry and every certificate of survey issued in
respect of a mechanically propelled vessel under the Merchant Shipping Act,
1958 (44 of 1958.), shall be valid and effective as a certificate of
registration or certificate of survey, as the case may be, issued under this
Act and the relevant provisions of this Act shall apply in relation to such
vessel as they apply to an inland mechanically propelled vessel registered
under this Act.". In section 22 of the principal Act, in sub-section (1), for
the words and figures "before the first day of April, 1890", the
words and figures "for a period of three years before the first day of
November, 1956" shall be substituted. In section 22A of the principal Act, in sub-section (1), in
clause (b), for the words and figures "certificate granted under the
Indian Steam-ships Act, 1884 (7 of 1884.)", the words and
figures "certificate granted or deemed to be granted under the Merchant
Shipping Act, 1958 (44 of 1958.)" shall be substituted. In section 25 of the principal Act, - (i)
in clause (a),
for the words and figures "certificate granted under the Indian Merchant
Shipping Act, 1859 (1 of 1859.), or granted under, or continued in force
by, the Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60. )",
the words and figures "certificate granted or deemed to be granted under
the Merchant Shipping Act, 1958 (44 of 1958.)" shall be
substituted; (ii)
in clause (b),
for the words and figures "or the Indian Steam-ships Act, 1884 (7
of 1884.), or granted under, or continued in force by, the Merchant
Shipping Act, 1894 (57 & 58 Vict., c. 60)", the
words and figures "or granted or deemed to be granted under the Merchant
Shipping Act, 1958 (44 of 1958)" shall be substituted. In section 26 of the principal Act, in clause (b), for the words
and figures "certificate granted under the Indian Steam-ships Act,
1884 (7 of 1884.)", the words and figures "certificate granted
or deemed to be granted under the Merchant Shipping Act, 1958 (44 of
1958)" shall be substituted. In section 28 of the principal Act, - (i)
in clause (a),
for the words and figures "certificate granted under the Indian Merchant
Shipping Act, 1859 (1 of 1859.), or granted under, or continued in force
by, the Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60. )",
the words and figures "certificate granted or deemed to be granted under
the Merchant Shipping Act, 1958 (44 of 1958.)" shall be
substituted; (ii)
in clause (b),
for the words and figures "certificate granted under the Indian Steam-ships
Act, 1884 (7 of 1884), or an engineer's certificate granted under, or continued
in force by, the Merchant Shipping Act, 1894 (57 & 58 Vict., p. 60)",
the words and figures "certificate granted or deemed to be granted under
the Merchant Shipping Act, 1958 (44 of 1958)" shall be substituted. In sub-section (1) of section 33 of the principal Act, for the
portion beginning with the words "If a formal investigation" and
ending with the words "the State Government may", the following shall
be substituted, namely :- "Whenever the State Government is satisfied that it is necessary or
expedient to have a formal investigation into the facts of any case reported
under section 32 or otherwise brought to its notice, the State Government
may". After Chapter IV of the principal Act, the following Chapter shall be
inserted, namely :- CHAPTER IVA REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION 44A.Raising of or removal of wreck impeding navigation, etc. (1)
If any
mechanically propelled vessel or other vessel is wrecked, stranded or sunk in
any inland water is or is likely to become obstruction, impediment or danger to
the safe and convenient navigation or use of inland water or the landing place
or embarkment or part thereof, any officer empowered by the State Government by
notification in the Official Gazette in this behalf (hereafter in this Chapter
referred to as competent officer) shall cause the vessel to be raised, removed,
blown up or otherwise destroyed as the circumstances may warrant. (2)
If any property
recovered by a competent officer acting under sub-section (1) is
unclaimed or the person claiming it fails to pay reasonable expenses incurred
by the competent officer under that sub-section and a further sum of
twenty-five per cent. of the amount of such expenses, the
competent officer may sell the property by public auction, if the property is
of a perishable nature, forthwith, and if it is not of a perishable nature, at
any time not less than two months after the recovery thereof. (3)
the expenses
and further sum aforesaid shall be payment to the competent officer out of the
sale proceeds of the property, and the balance shall be paid to the person
entitled to the property recovered, or, if no such person appears and claims
the balance, shall be held in deposit for payment, without interest, to the
person thereafter establishing his right thereto: Provided that the person makes his claim within three years from the
date of the sale. (4)
Where the sale
proceeds of the property are not sufficient to meet the expenses and further
sum aforesaid, the owner of the vessel at the time the vessel was wrecked,
stranded or sunk shall be liable to pay the deficiency to the competent officer
of demand, and if the deficiency be not paid within one month of such demand,
the competent officer may recover the deficiency from such owner as if it were
an arrear of land revenue. 44B.Removal of obstruction in inland water (1)
The competent
officer may remove, or cause to be removed, any timber, raft or other thing,
floating or being in any part of the inland water, which, in his opinion,
obstructs or impedes the free navigation thereof or the lawful use of any
landing place or embarkment or part thereof. (2)
The owner of
any such timber, raft or other thing shall be liable to pay the reasonable
expenses of the removal thereof, and if such owner or any other person has
without lawful excuse caused any such obstruction or impediment, or causes any
public nuisance affecting or likely to affect such free navigation or lawful
use, he shall also be punishable with fine which may extend to one hundred
rupees. (3)
The competent
officer or any magistrate having jurisdiction over the offence may cause any
such nuisance to be abated. 44C.Recovery of expenses of removal If the owner of any such timber, raft or other thing, or the person who
has caused any such obstruction, impediment or public nuisance, neglects to pay
the reasonable expenses incurred in the removal thereof, within one week after
demand or within fourteen days after such removal has been notified in the
Official Gazette or in such other manner as the State Government may, by
general or special order direct, the competent officer may cause such timber,
raft or other thing or the materials of a public nuisance so removed, or so
much thereof as may be necessary, to be sold by public auction and may retain
all the expenses of such removal and sale out of the proceeds of the sale, and
shall pay the surplus of such proceeds or deliver so much of the thing or
materials as may remain unsold, to the person entitled to receive the same and
if no such person appears, shall cause the same to be kept and deposited in
such manner as the State Government directs, and may, if necessary, from time
to time, realise the expenses of keeping the same, together with the expenses
of sale, or further sale of so much of the thing or materials as may remain
unsold. 44D.Removal of lawful obstruction (1)
If any
obstruction or impediment to the navigation of any inland water has been
lawfully made or has become lawful by reason of the long continuance of such
obstruction or impediment or otherwise, the competent officer shall report the
same for the information of the State Government and shall, with the sanction
of the State Government, cause the same to be removed or altered, making
reasonable compensation to the person suffering damage by such removal or
alteration. (2)
Any dispute
arising out of or concerning such compensation shall be determined according to
the law relating to like disputes in the case of land required for public
purposes. 44E.Fouling of Government moorings (1)
If any
mechanically propelled vessel hooks or gets fouled in any of the buoys or
moorings laid down by or by the authority of the State Government in any part
of inland water, the master of such vessel shall not, nor shall any other
person, except in the case of emergency, lift the buoy or mooring for the
purpose of unhooking or getting clear from the same without the assistance of
the competent officer. (2)
The competent
officer immediately on receiving information of such accident, shall assist and
superintend the clearing of such vessel and the master of the vessel shall, on
demand, pay such reasonable expenses as may be incurred in clearing the same. (3)
Any master or
other person offending against the provisions of this section shall, for every
such offence, be punishable with fine which may extend to one hundred
rupees.". In section 45 of the principal Act, after clause (b), the following
clause shall be inserted, namely :- "(bb) if the holder of such certificate is
proved to have deserted his vessel or has absented himself, without leave and
without sufficient reason, from his vessel or from his duty; or". In section 53 of the principal Act, in sub-section (5), for
the words and figures "section 59 of the Code of Criminal Procedure, 1898
(5 of 1898.)", the words and figures "section 43 of the Code of Criminal Procedure, 1973 (2 of 1974.)
shall be substituted. In section 54A of the principal Act, - (i)???? in
sub-section (1), in clauses (a), (b) and (c), for the words "per
mile", the words "per kilometer" shall be substituted; (ii)?? after
sub-section (2), the following sub-section shall be inserted,
namely :- "(3) In case of any dispute relating to the
fixation of the maximum or the minimum rate per kilometer which may be charged
in respect of any class of passengers or of freight on goods of any description
carried in inland mechanically propelled vessel between any stations lying in
two States, any one of the States may report the matter to the Central Government
who shall decide the same.". After Chapter VI of the principal Act, the following Chapter shall be
inserted, namely :- 'CHAPTER VIA INSURANCE OF MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS 54C.Application of Chapter VIII of the Motor Vehicles Act, 1939, in
relation to the insurance of mechanically propelled vessels The provisions of Chapter VIII of the Motor Vehicles Act, 1939 (4 of
1939.), shall mutatis mutandis apply, in relation to the insurance of
mechanically propelled vessels against third party risks as they apply in
relation to motor vehicles, subject to the following modifications, namely :- (a)
throughout in
Chapter VIII, - (i)
references to
"motor vehicle" or "vehicle" shall be construed as references
to "mechanically propelled vessel"; (ii)
references to
"public place" shall be construed as references to "inland
water", and such other consequential amendments as the rules of grammar
may require shall also be made; (b)
in section
94, - (i)
in sub-section
(3), for clause (c), the following clause shall be substituted, namely :- "(c) any State Water Transport Undertaking providing inland water
transport service, where such Undertaking is carried on by - (i) the Central Government or a State Government; (ii) any local authority or any corporation or company owned by the
Central Government or one or more State Governments or by the Central
Government and one or more State Governments:'; (ii)
in the
Explanation, in item (iii), for the words "State Transport", the words
"State Water Transport" shall be substituted; (c)
in section
95, - (i)
in sub-section
(1), - (A)
in clause (b),
in sub-clause (ii), for the words "of a public service
vehicle", the words and brackets "of a mechanically propelled vessel
used or adapted to be used for the carriage of passengers for hire or reward
(hereinafter referred to as a public service vessel)" shall be
substituted, (B)
in the proviso,
in clause (i), for sub-clauses (b) and (c), the following sub-clauses
shall be substituted, namely :- "(b) if it is a public service vessel, engaged
as a conductor of the vessel or in examining tickets on the vessel, or (c) if it is vessel used or adapted for the
carriage of goods solely or in addition to passengers (hereinafter referred to
as goods service vessel), being carried in the vessel, or"; (ii)
in sub-section
(2), - (A)
in clause (a),
for the words "goods vehicle, a limit of fifty thousand rupees", the
words "goods service vessel, a limit of two lakhs and fifty thousand
rupees" shall be substituted, (B)
in clause
(b), - (1)
in sub-clause
(i), for the words "fifty thousand rupees", the words "two lakhs
and fifty thousand rupees" shall be substituted; (2)
in sub-clause
(ii), - (a)
in paragraph
(3), for the words "one lakh", the words "five lakhs" shall
be substituted; (b)
in paragraph
(4), the words "where the vehicle is a motor cab, and five thousand rupees
for each individual passenger in any other case" shall be omitted; (c)
in clause (d),
for the words "a limit of rupees two thousand", the words "a
limit of ten thousand rupees" shall be substituted; (d)
in section
96, - (i)
in sub-section
(2), in clause (b), - (A)
for sub-clause
(i), the following sub-clause shall be substituted, namely :- "(i) a condition excluding the use of the
mechanically propelled vessel - (a)
for hire or
reward, where the vessel is on the date of the contract of insurance, a vessel
not covered by a certificate of registration, or (b)
for organised
racing or speed testing, or (c)
for a purpose
not allowed by the certificate of registration under which the vessel is used,
where the vessel is a public service vessel or a goods service vessel,
or"; (B)
in sub-clause
(ii), - (1)
for the words
"not duly licensed", the words and figures "not holding a
certificate granted under Chapter III of the Inland Vessels Act, 1917 (1 of
1917.)" shall be substituted; (2)
for the words
"a driving licence", the words and figures "a certificate
granted under Chapter III of the Inland Vessels Act, 1917 " shall be
substituted; (ii)
in sub-section
(2A), after the words "obtained from a Court", the words "in the
State of jammu and Kashmir or" shall be inserted; (iii)
in the proviso
to sub-section (2A) and in sub-section (6), after the words "corresponding
law", the words "of the State of Jammu and Kashmir Or' shall be
inserted; (e)
after section
105, the following section shall be inserted, namely :- "105A.Duty of driver in case of accident and injury to a person. -
When any person is injured or any property of third party is damaged as a
result of an accident in which an inland mechanically propelled vessel is
involved, the master or the driver of the vessel or other person in charge of
the vessel shall - (a)
take all
reasonable steps to secure medical attention for the injured person, and, if
necessary, convey him to the nearest hospital, unless the injured person or his
guardian in case he is a minor, desires otherwise; (b)
give on demand
by a police officer any information required by him, or, if no police officer
is present report the circumstances of the occurrence at the nearest police
station as soon as possible, and in any case within twenty-four hours of
the occurrence."; (f)
in section
106, - (A)
in sub-section
(2), for the words and figures "section 89", the word, figures and
letter "section 105A" shall be substituted; (B)
in sub-section
(2A), in the proviso, for the words "transport vehicle", the words
"public service vessel or goods service vessel" shall be substituted' (g)
in section 107,
for the words "whether by payment of a tax or otherwise for authority to
sue the vehicle in a public place to produce such evidence as may be prescribed
by those rules to the effect that either", the words "for a
certificate of survey or a certificate of registration in respect of such
vessel to produce such evidence as may be prescribed to the effect that
either" shall be substituted; (h)
in section
108, - (A)
for the words
"transport vehicle", wherever they occur, the words "public
service vessel or goods service vessel" shall be substituted, and such
other consequential amendments as the rules of grammar may require shall also
be made; (B)
in sub-section
(1), in clause (a), - (1)
for the words
"twenty - five thousand rupees for the first fifty
vehicles", the words "one lakh rupees for the first fifty
mechanically propelled vessels" shall be substituted, (2)
for the words
"one hundred and fifty thousand rupees", the words "two lakhs
and fifty thousand rupees" shall be substituted; (i)
for section 110
to section 110B, the following sections shall, respectively, be substituted,
namely :- "110.Claims Tribunals. (1)
The State
Government may, by notification in the Official Gazette, constitute one or more
Inland Vessels Accidents Claims Tribunals (hereinafter referred to as the
Claims Tribunals) for such area as may be specified in the notification for the
purpose of adjudicating upon claims for compensation in respect of accidents involving
the death of, or bodily injury to, persons arising out of the use of
mechanically propelled vessels or damage to any property of a third party so
arising, or both: Provided that where such includes a claim for compensation in respect of
damage to property exceeding rupees ten thousand may, at his option, refer the
claim to a civil court for adjudication and where a reference is so made, the
Claims Tribunal shall have no jurisdiction to entertain any question relating
to such claim. (2) A Claims Tribunal shall consist of such number of
members as the State Government may think fit to appoint and where it consists
of two or more members, one of them shall be appointed as the Chairman thereof. (3)
A person shall
not be qualified for appointment as a member of a Claims Tribunal unless
he - (a)
is, or has
been, a Judge of a High Court, or (b)
is, or has
been, a District Judge, or (c)
is qualified
for appointment as a Judge of the High Court. (4)
Where two or
more Claims Tribunals are constituted for any area, the State Government may,
by general or special order, regulate the distribution of business among them. 110A.Application for compensation. (1)
An application
for compensation arising out of an accident of the nature specified in sub-section
(1) of section 110 may be made - (a)
by the person
who has sustained the injury, or (b)
where death has
resulted from the accident, by all or any of the legal representatives of the
deceased, or (c)
by any agent
duly authorised by the person injured or all or any of the legal
representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have
not joined in any such application for compensation, the application shall be
made on behalf of or for the benefit of all the legal representatives of the
deceased and the legal representatives who have not so joined, shall be
impleaded as respondents to the application. (2)
Every
application under sub-section (1) shall be made to the Claims Tribunal having
jurisdiction over the area in which the accident occurred, and shall be in such
form and shall contain such particulars as may be prescribed. (3)
No application
for compensation under this section shall be entertained unless it is made
within six months of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after
the expiry of the said period of six months if it is satisfied that the
applicant was prevented by sufficient cause from making the application in time. 110AA.Option regarding claim for compensation in certain cases. -
Notwithstanding anything contained in the Workmen's Compensation Act, 1923 (8
of 1923.), where the death or bodily injury to any person gives rise to
a claim for compensation under this Act and also under the Workmen's
Compensation Act, 1923, the person entitled to compensation may claim such
compensation under either of those Acts but not under both. 110B.Award of Claims Tribunal. - On receipt of an application for
compensation made under section 110A, the Claims Tribunal shall, after giving
the parties an opportunity of being heard, hold an inquiry into the claim and
may make an award determining the amount of compensation which appears to it to
be just and specifying the person or persons to whom compensation shall be
paid; and in making the award the Claims Tribunal shall specify the amount
which shall be paid by the insurer or owner or master or driver of the vessel
involved in the accident or by all or any of them, as the case may be."; (j)
in section
110C, for the words, figures and letters "section 195 and Chapter XXXV of
the Code of Criminal Procedure, 1898 (5 of 1898.)", the words,
figures and letters "section 195 and Chapter XXVI of the Code of Criminal Procedure,
1973 (2 of 1974.)" shall be substituted. '. In section 58of the principal Act, for the words "ten rupees",
the words "one hundred rupees" shall be substituted. After section 58 of the principal Act, the following section shall be
inserted, namely :- "58A.Penalty for carrying excessive quantity
of cargo on board. - If an inland mechanically propelled vessel has on board or
in any part thereof cargo which is in excess of the cargo set forth in the
certificate of survey as the quantity of cargo which the vessel or the part
thereof is, in the judgement of the surveyor, fit to carry, the owner and the
master shall, each, in addition to the penalty to which he may be liable under
the provisions of section 58, be punishable with fine which may extend - (a)
in the case of
first offence, to five thousand rupees; (b)
in the case of
any second or subsequent offence, to one thousand rupees.". After section 62 of the principal Act, the following sections shall be
inserted, namely :- "62A.Punishment for offences relating to
accident. - If the master or the driver or other person in charge of the inland
mechanically propelled vessel fails to report an accident in which his vessel
is involved as required under Chapter VIA, he shall be punishable with
imprisonment for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both, or, if having been previously
convicted of an offence under this section, he is again convicted of an offence
under this section, with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both. 62B.Penalty for using uninsured mechanically
propelled vessel. - If any person uses mechanically propelled vessel or causes
or allows a mechanically propelled vessel to be used without a policy of
insurance complying with the requirements of Chapter VIA, he shall be
punishable with fine which may extend to one thousand rupees. 62C.Penalty for neglect or refusal to give
information as to insurance or to produce certificate of insurance. - If any
person without reasonable cause neglects or refuses to give information as to
insurance or to produce the certificate of insurance under the provisions contained
in Chapter VIA, he shall be punishable with fine which may extend to one
hundred rupees.". Section
63A of the principal Act shall be renumbered as
section 63D and before section 63D as so renumbered, the following sections
shall be inserted, namely :- "63A.Desertion and absence without leave. - If
any person employed or engaged in any capacity on board a mechanically
propelled vessel commits any of the following offences, he shall be liable to
be punished summarily as follows:- (a)
if he deserts
from his mechanically propelled vessel, he shall be guilty of the offence of
desertion and be liable to forfeit all or any of the property he leaves on
board of the vessel and of wages he has then earned and also to imprisonment
which may extend to three months; (b)
if he neglects
or refuses, without reasonable cause, to join his mechanically propelled vessel
or to proceed on any voyage in his vessel or is absent without leave at any
time within twenty - four hours of the vessel sailing from a port or ghat
either at the commencement or during the progress of a voyage or is absent at
any time without leave and without sufficient reason amount to desertion or is
not treated as such by the master, be guilty of the offence of absence without
leave and be liable to forfeit out of his wages a sum not exceeding two days'
pay and in addition for every twenty - four hours of absence either a sum not
exceeding six days' pay or any expenses properly incurred in hiring a
substitute and also to imprisonment which may extend to two months. 63B.General offences against discipline. - If any
person employed or engaged in any capacity on board a mechanically propelled
vessel commits any of the following offences, he shall be guilty of an offence
against discipline and he shall be liable to be punished summarily as follows:- (a)
if he quits the
mechanically propelled vessel without leave after her arrival at the port or
ghat or port or ghat of delivery, he shall be liable to forfeit out of his
wages a sum not exceeding one month's pay; (b)
if he is guilty
of willful disobedience to any lawful command or neglect of duty, he shall be
liable to forfeit out of his wages a sum not exceeding two days' pay; (c)
if he is guilty
of continued willful disobedience to lawful command to continued willful
neglect of duty, he shall be liable to imprisonment which may extend to one
month and also to forfeit over every twenty - four hours continuance of
disobedience or neglect either a sum not exceeding six days' pay or any
expenses properly incurred in hiring a substitute; (d)
if he assaults
the master or any other officer of the vessel, he shall be liable to
imprisonment for a term which may extend to three months or with fine which may
extend to five hundred rupees, or with both; (e)
if he combines
with any of the officers to disobey to lawful commands or to neglect duty or to
impede the navigation of the vessel or retard the progress of the voyage, he
shall be liable to imprisonment for a term which may extend to three months or
with fine which may extend to five hundred rupees, or with both; (f)
if he willfully
damages his mechanically propelled vessel or commits criminal misappropriation
or breach of trust in respect of or willful damages to any of her stores or
cargo, he shall be liable to forfeit out of his wages a sum equal to the loss
sustained and also imprisonment which may extend to three months. 63C.Entry of offence in official log-book. - If any
offence within the meaning of this Act of desertion or absence without leave or
against discipline is committed or if any act of misconduct is committed for
which the offender's agreement imposes fine and it is intended to enforce the
fine, - (a)
an entry of the
offence or acts shall be made in the official log-book and signed by the
master and one of the persons employed or engaged in any capacity on board of
the mechanically propelled vessel; (b)
the offender
shall be furnished with a copy of the entry and have the same read over
distinctly and audibly to him and may thereupon make such reply thereto as he
thinks fit; (c)
a statement of
a copy of the entry having been so furnished and entry having been so read over
and the reply, if any, made by the offender shall likewise be entered and
signed in the manner aforesaid; (d)
in any
subsequent legal proceedings the entries by this section required shall, if
practicable, be produced or proved, and, in default of such production or
proof, the court hearing the case may in its discretion refuse to receive
evidence of the offence or act of misconduct.". For section 69of the principal Act, the following section shall be
substituted, namely :- "69.Exemption to Government vessels from fees.
- The State Government may, by notification in the Official Gazette, exempt all
or any mechanically propelled vessel belonging to or in the service of
Government form payment of any fees payable by or under this Act.". In section 72A of the principal Act,- (i)
for the words
"of a province in Pakistan", the words "of Bangladesh"
shall be substituted; (ii)
for the words
"that Dominion", the words "that country" shall be
substituted. Section
73 of the principal Act shall be omitted. In section 74 of the principal Act, - (i)
in sub-section
(1), for the words "on a State Government", the words "on the
Central Government or a State Government" shall be substituted; (ii)
after sub-section
(2), the following sub-section shall be inserted, namely :- " (3) Every rule made by the Central
Government under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.".INLAND STEAM-VESSELS (AMENDMENT) ACT, 1977
PREAMBLE
Section - 1. Short title and
commencement
Section - 2. Amendment of
long title
Section - 3. Amendment of
preamble
Section - 4. Amendment of
section 1
Section - 5. Substitution
of references to steam-vessel by mechanically propelled vessel
Section - 6. Amendment of
section 2
Section - 7. Amendment of
section 7
Section - 8. Amendment of
section 19E
Section - 9. Omission of
section 19G
Section - 10. Amendment of
section 19-I
Section - 11. Amendment of
section 19K
Section - 12.Amendment of
section19M
Section - 13.Insertion of
new section after section19Q
Section - 14.Amendment of
section 19R
Section - 15.Insertion of
new section after section 19R
Section - 17.Amendment of
section22A
Section - 18.Amendment of
section25
Section - 19.Amendment of
section26
Section - 20.Amendment of
section28
Section - 21.Amendment of
section 33
Section - 22.Insertion of
new Chapter IVA
Section - 23.Amendment of
section 45
Section - 24.Amendment of
section 53
Section - 25.Amendment of
section 54A
Section - 26.Insertion of
new Chapter VIA