The Inland Waterways Authority of India Act, 1985

(1) This Act may be called the Inland Waterways Authority ofIndia Act, 1985. (2) It shall come into force on such date1 as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "appurtenant land" means all lands appurtenant to a national waterway, whether demarcatedor 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 includemeasures for protection of banks against floods or for restricting banks which have become erodedmainly 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 theexpression 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 NationalWaterway (Allahabad-Haldia Stretch of the Ganga-Bhagirathi-Hooghly River) Act,1982 (49 of 1982), to be a national waterway. Explanation.--If Parliament declares by law any other waterway to be a national waterway, thenfrom the date on which such declaration takes effect, such other waterway-- (i) shall be deemed also to be a national waterway within the meaning of this clause; and (ii) the provisions of this Act shall, with necessary modifications (including modification forconstruing any reference to the commencement of this Act as a reference to the date aforesaid),apply to such 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.

(1) With effectfrom such date as the Central Government may, by notification in the Official Gazette, appoint in thisbehalf, there shall be constituted for the purposes of this Act an Authority, to be called the InlandWaterways Authority of India. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and acommon 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 may bedetermined by regulations, any person whose assistance or advice it may desire in complying with any ofthe provisions of this Act and a person so associated shall have the right to take part in the discussions ofthe Authority relevant to the purpose for which he has been associated, but shall not be entitled to vote.

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

1[4A. Disqualifications for appointment as member.-- A person shall be disqualified for beingappointed as a member, if he-- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of theCentral 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 orcontrolled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Authorityas is likely to affect prejudicially the discharge by him of his functions as a member.]