The Inland Vessels Act, 2021

(1) This Act may be called the Inland Vessels Act, 2021. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that different dates may be appointed for bringing into force different provisions of this Actin different States or Union territories, as it may deem fit by the Central Government.

(1) Save as otherwise expressly provided in this Act, the provisions ofChapters I, III, X, XVI and XVIII shall apply to all inland vessels plying within inland waters of India,and-- (a) Chapters IV, V, VI, VIII, IX, X, XI, XII, XIII and XIV shall apply to all mechanicallypropelled vessels registered under this Act; (b) Chapters VIII, IX, X, XI, XII and XIII shall apply to vessels registered under such laws inforce in India other than this Act, or registered in such laws in force in any country other than India;but endorsed or recognised under this Act for the purpose of plying within inland waterways; (c) Chapters IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV shall apply to all vesselsidentified as special category vessels plying or using inland waterways; (d) Chapter XVII shall apply to all non-mechanically propelled inland vessels. (2) Notwithstanding anything contained in sub-section (1), the Central Government or the StateGovernment, as the case may be, may extend the application of any Chapter or provision of this Act toany class or category of inland vessels, or to any region of inland waters, by notification in the OfficialGazette.

In this Act, unless the context otherwise requires, (a) “authorised insurer” means any insurance company carrying on any class of marine insurancebusiness, which is registered or recognised by the Central Government under any law for the timebeing in force in India; (b) “bareboat charter” means an arrangement for the hiring of a vessel without crew, where thecharterer is responsible for appointing the crew and making other arrangements; (c) “bareboat charter-cum-demise” is a bareboat charter where the ownership of the vessel isintended to be transferred after a specified period to the company to which it has been chartered; (d) “cargo terminal” means a place designated for the loading, or unloading, or any other alliedprocesses of such loading or unloading of cargo in a port, jetty, wharf or such other places developedwithin inland waters for the purpose of loading and unloading of cargo; (e) “casualty” includes any vessel which span@(i) is lost, abandoned, materially damaged; (ii) causes loss of material or damage to any other vessel; (iii) causes any loss of life or personal injury; (iv) causes pollution as a result of or in connection with its operation; (f) “central database” means the centralised record maintained for recording the data and detailsof (i) vessels; (ii) registration of vessels; (iii) crew and manning in the vessels; (iv) certificates issued in respect of vessels; (v) reception facilities; and (vi) such other data, to be recorded and maintained in the form of an electronic portal or in such other form and manner as maybe prescribed by the Central Government; (g) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance ofthe insurance premium paid by the insured, and includes a cover note complying with suchrequirements as may be prescribed by the Central Government; (h) “competent authority” means the authority referred to in section 6; (i) “court” means any civil court, revenue court or High Court having jurisdiction over the mattersof liabilities and offences as provided in this Act including investigation and inquiry into claimsarising out of causalities and accidents within its jurisdiction; (j) “cover note” includes any note of undertaking issued by the insurer who promises to cover theliability and to indemnify the losses incurred by the insured as provided in the contract of insurance; (k) “crew” means personnel employed for operation or serving on an inland vessel other thanmaster or passengers as a part of performing the functions of manning; (l) “dangerous cargo” means any cargo, which, due to its nature, form or content as a whole or inpart, are declared as dangerous or potentially dangerous while carried in on any class or category ofinland vessels in inland waters under this Act or any other law for the time being in force; (m) “dangerous goods” means any goods, which, due to its nature, form or content as a whole orin part, are declared as dangerous or potentially dangerous while carried in on any class or category ofinland vessels in inland waters under this Act or any other law for the time being in force; (n) “designated authority” means the authorities appointed by State Government under subsection (3) of section 5; (o) “fishing vessel” means a vessel fitted with mechanical mode of propulsion, which isexclusively engaged in fishing for profit, within inland waters; (p) “hazardous chemical” means any chemical, which has been designated as pollutants under thisAct or any other law for the time being in force in India; (q) “inland vessel” includes any mechanically propelled inland vessel or non-mechanicallypropelled inland vessel which is registered and plying in inland waters, but does not include (i) a fishing vessel registered under the Merchant Shipping Act, 1958 (44 of 1958) or theMarine Products Export Development Authority Act, 1972 (13 of 1972); and (ii) any vessel that are specified as not to be inland vessels by notification by the CentralGovernment. Explanation.For the purposes of this clause, it is clarified that a vessel registered under theMerchant Shipping Act, 1958 (44 of 1958) and plying within the inland waters shall be deemed to bean inland vessel registered under this Act; (r) “inland waters”, for the purpose of inland navigation, includes any (i) canal, river, lake or other navigable water inward of baseline or as may be declared bynotification in the Official Gazette by the Central Government; (ii) tidal water limit, as may be declared by notification in the Official Gazette by the CentralGovernment; (iii) national waterways declared by the Central Government; and (iv) other waters as may be declared by notification in the Official Gazette by the CentralGovernment; (s) “lien” is a legal right or interest that a creditor has in the inland vessel or any property thereof,retained until a debt or duty is secured, or the performance of some other obligation is satisfied; (t) “limitation of liability” means the rate or extent of liability within which the owner or suchother persons entitled under this Act, may limit the liability or be permitted to limit or cap the liabilityarising out of claims, in accordance with the procedure laid down and the rates, as may be specified inthis Act or as may be prescribed by the Central Government; (u) “load line” means a water line which is marked on an inland vessel to denote the safe carryingor loading capacity of such vessel; (v) “master” includes any person including serang or such other person, who is in command or incharge of any inland vessel, and does not include a pilot or harbour master; (w) “material fact” means a fact of such a nature, which determines the judgment of a prudentinsurer, in assessing the extent of his liability, premium to be charged, conditions to be specified andsuch other terms to be entered and incorporated in a policy of insurance governing the relationshipwith the insured; (x) “material particular” means any particular of such a nature, which determines the judgment ofa prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to bespecified and such other terms to be entered and incorporated in a policy of insurance governing therelationship with the insured; (y) “mechanically propelled inland vessel” means (i) any inland vessel in the inland waters which is propelled by mechanical means ofpropulsion; or (ii) floating units, floating surfaces, dumb vessels, barges, rigs, jetties or such other nonmechanically propelled inland vessel, which are towed or pushed with the assistance of anothermechanically propelled vessel and used for carriage, storage, transportation and accommodationof passengers and cargo in or through inland waters; (z) “minimum manning requirement” means the standard and number of persons required for safemanning and navigation of vessels, as may be prescribed by the Central Government; (za) “non-mechanically propelled inland vessel” means any vessel which is not a mechanicallypropelled inland vessel; (zb) “notification” means a notification published in the Gazette of India or the Official Gazetteof a State, as the case may be, and the expression “notify” with its grammatical variation and cognateexpressions shall be construed accordingly; (zc) “obnoxious substance” means any substance, which has been designated as pollutants underthis Act or any other law for the time being in force in India; (zd) “official number” means the number assigned to any vessel by the Registrar of InlandVessels or such other person appointed under this Act, to be affixed or displayed on a conspicuouspart of such vessel to refer, distinguish and identify one vessel from another; (ze) “oil” means any edible oil carried on vessel as cargo or persistent oil such as crude oil, heavydiesel oil, lubricating oil and white oil, carried on board of a vessel as cargo or fuel; (zf) “oily mixture” means a mixture with any oil content; (zg) “owner” means operator, charterer, beneficial owner or registered owner, who is responsiblefor the activities of the vessel and shall be under obligation to comply with the provisions of this Actin relation to, or in possessing express or implied title under this Act or any other law for the timebeing in force; (zh) “passenger” means any person carried on board of a vessel, except persons employed orengaged in any capacity on board of the vessel in connection with the business of the vessel; (zi) “passenger terminal” means the terminal designated for the embarking or dis-embarking ofpassengers and the permitted cargo, in a port, jetty, wharf or like places;(zj) “passenger vessel” means any vessel permitted to carry more than twelve passengers; (zk) “pilot” means a person appointed by the owner of the vessel to assist the master or to steerthe vessel in such area of inland water in accordance with the mandatory requirements, as specifiedin section 83; (zl) “prescribed” means prescribed by rules by the Central Government or a State Government, asthe case may be; (zm) “priority of lien” means the ranking of liens in the order in which they are perfected orrecorded in the book of registry maintained at every port or place of registry; (zn) “reciprocating country” means any country, as may on the basis of reciprocity, specified bynotification by the Central Government to be a reciprocating country for the purposes of this Act; (zo) “recognised organisation” means any organisation recognised and authorised by the CentralGovernment to perform and execute the functions involved in survey, classification or certification ofvessels; (zp) “salvage” means an act of the salvor in retrieving or saving any property or life in danger dueto wreck or accident and includes all expenses incurred by the salvor in the performance of salvageservices; (zq) “salvor” means any person who conducts salvage operations; (zr) “service provider” includes any person, who in the capacity of owner or operator of an inlandvessel used or plying in inland waters, providing services to any service user for the purposes oftransportation, storage or accommodation; (zs) “service user” includes any person who as a passenger or owner of cargo or freightforwarder, uses the services of any inland vessel in the inland waters for transportation, storage oraccommodation purposes; (zt) “special category vessel” means a mechanically propelled inland vessel that is identifiedunder this Act as special by considering its use, purpose, function or utility or the means ofpropulsion including the fuelling system or source of power for propulsion, such as liquefied natural gas, electrical propulsion, the design, dimensions of construction or areas of operation or such othercriteria or standards; (zu) “vessel” includes every description of water craft used or capable of being used in inlandwaters, including any ship, boat, sailing vessel, tug, barge or other description of vessel includingnon-displacement craft, amphibious craft, wing-in-ground craft, ferry, roll on-roll-off vessel,container vessel, tanker vessel, gas carrier or floating unit or dumb vessel used for transportation,storage or accommodation within or through inland waters; (zv) “wreck” means a state of any vessel, or goods or a part or property of such vessel or carriedon the vessel, (i) which have been cast into or have fallen into the inland waters and then sunk and remainunder water or remains floating on the surface; or (ii) which have sunk in the inland waters, but are attached to a floating object in order thatthey may be found again; or (iii) which are intentionally thrown away or abandoned without hope or intention of recovery;or (iv) which by its presence in inland waters, is a hazard or causes impediment to navigation, oradversely affects safety of life or causes pollution.

(1) The State Government may, for the purposesof this Act, declare by notification any inland water area to be a “Zone” depending on the maximumsignificant wave height criteria specified in sub-section (2). (2) For the purposes of sub-section (1), the State Government may classify the maximum significantwave height criteria into the following Zones, namely: (i) Zone 1 refers to the area (other than Zone 2 or Zone 3) where the maximum significant waveheight does not exceed 2.0 metres; (ii) Zone 2 refers to the area (other than Zone 3) where the maximum significant wave heightdoes not exceed 1.2 metres; and (iii) Zone 3 refers to the area where the maximum significant wave height does not exceed 0.6metres.

(1) The CentralGovernment may, by general or special order, direct that any power, authority or jurisdiction exercisableby it under, or in relation to any such provision of this Act, or the rules made thereunder, or as may bespecified in the order allocating the duties, shall, subject to such conditions and restrictions as may be sospecified, also be exercisable by the competent authority or by such other officer as may be specified inthat order. (2) On and from the date of issue of notifications or rules made by the Central Government under theprovisions of this Act, the provisions shall, (a) uniformly apply in whole or in any part of India, as may be specified therein; and (b) prevail over such notifications or rules, as the case may be, issued or made by the StateGovernments. (3) The State Governments may, by notification, appoint one or more designated authorities withintheir respective jurisdiction for the purposes of exercising or discharging the powers, authority or dutiesconferred, by or under this Act and the rules made thereunder. (4) Notwithstanding anything contained in sub-section (1) and section 6, the existing administrativeauthorities constituted under State Governments or Union territory Administrations may continue to bethe designated authorities for the purposes of sub-section (3). (5) The State Government may, for the purposes of implementing the various provisions of this Actand the rules made thereunder, by general or special order, direct that any power or authority conferredunder this Act, subject to such conditions and restrictions as it may think fit, be exercised or dischargedby the respective designated authorities or any officer or any other organisation or body. (6) Save as otherwise provided in this Act, the State Government shall have the power to make rulesand shall exercise the powers conferred on it, as provided by or under this Act. (7) Notwithstanding anything to the contrary in this Act, for the purposes of administration of thenon-mechanically propelled inland vessels, as specified in Chapter XVII, the Central Government shallhave no powers of administration and shall only provide assistance to the respective State Government,on receipt of official request from such State Government.