The Inland vessels Act, 1917 (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: 47 pSubject(s): Bare ActDDC classification: 343.54
Contents:
THE INLAND VESSELS ACT, 1917 Introduction 1 Sections CHAPTER / PRELIMINARY 1. Short title and extent 5 2. Definitions 5 CHAPTER 11 SURVEY OF INLAND MECHANICALLY PROPELLED VESSELS 3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service without certificate of survey 6 4. Appointment of surveyors and places of survey 7 5. Powers of surveyors 7 6. Fees in respect of surveys 7 7. Declaration of surveyor 8 8. Sending of declaration by owner or master to State Government . 8 9. Power for State Government to grant or authorise the grant of certificates of survey 8 9A. Temporary permit . 9 10. Certificate of survey to be affixed in conspicuous part of mechanically propelled vessel . 9 IDA. Effect of certificates of survey . 9 11. Term of certificates of survey . 10 12. Renewal of certificates of survey . 10 13. Power for State Government to suspend or cancel certificate of survey • • 10 14. Power for State Government to require delivery of expired or cancelled certificate • • 10 15. Report of suspension or cancellation of certain certificates . 11 16. Power for State Government to direct survey by two surveyors 11 17. Power for State Goverrunent to order a second survey. . 11 18. Division of duties when two surveyors employed . . 11 19. Power for State Government to make rules as to surveys . 11 CHAPTER IIA REGISTRATION OF INLAND 2[MECHANICALLY PROPELLED VESSELS 19A. Inland mechanically propelled vessels not to proceed on voyage or be used for service without certificate of registration 12 19B. Place of registry and registering authorities 12 19C. Book of registration 19D. Application for registration 19E. Places of registration 23 19F. Grant of certificate of registration 13 19G. Automatic registration of inland steam-vessels registered under the Merchant Shipping Acts . 14 19H. Marking of inland mechanically propelled vessels . 14 19-1. Prohibition against transfer of certificate of registration 14 19J. Registration of alterations 24 19K. Transfer of registry 25 19L. Change of residence or place of business . I5 19M. Prohibition against transfer of ownership of registered vessel . 15 19N. Suspension of certificates of registration 19-0. Cancellation of registration 19P. Appeals 19Q. Reciprocity 19QA. Mortgage of mechanically propelled vessel or share 19R. Power to make rules 19S. Certain certificates issued under Merchant Shipping Act to be valid under this Act CHAPTER III masters including serangs and engineers INCLUDING ENGINE-DRIVERS OF INLAND MECHANICALLY PROPELLED VESSELS 20. Appointment of examiners , o • • • lo21. Grant of masters', serangs', engineers' and engine-drivers' cortificates of competency 2^ 22. Grant of masters', serangs', engineers' and engine-drives' certificates of service 22A. Licences 23. Certificates to be made in duplicate 24. Copy of certificate or licence to be granted in certain cases 25. Certificates to be held by master and engineer of vessel of one hundred or more horse-power 26. Certificates to be held by master and engineer of vessel of between forty and one hundred horse-power 27. Certificates to be held by master and engineer of vessel of less than forty horse-power 28. Power for State Government to require master or engineer to hold certificate granted under Act in addition to other certificate 29. Power for State Government to make rules as to grant of certificates of competency 30. Power for State Government to make rules as to grant of certificates of service 30A. Power for State Government to make rules as to grant of licences 31. Effect of certificates of competency or service and licences CHAPTER IV INVESTIGATIONS INTO CASUALTIES J 32. Report of casualties to be made to nearest police-station 33. Power for State Government to appoint Court of investigation 34. Power of Court of investigation to inquire into charges of incompetency or misconduct 35. Power for State Government to direct investigation otherwise than under section 33 36. Person charged to be heard 37. Assessors 38. Powers of Court as to evidence and regulation of proceedings 39. Power of Court to effect arrest of witnesses by entry and detention of vessels 40. Power of Court to commit for trial and to bind over witnesses 41. Depositions of absent witnesses 42. Report by Court to State Government 43. Court to exercise its powers independently of the assessors. 44. Power for State Government to direct investigations into causes of explosions on mechanically propelled vessels CHAPTER rVA REMOVAL OF OBSTRUCTIONS AND SIMILAR HAZARDS IN NAVIGATION 44A. Raising of or removal of wreck impeding navigation, etc. 44B. Removal of obstruction in inland water 44C. Recovery of expenses of removal 44D. Removal of lawful obstruction 44E. Fouling of Government moorings CHAPTER V SUSPENSION AND CANCELLATION OF CERTIFICATES GRANTED UNDER THE ACT 45. Power for State Government to suspend or cancel certificates in certain cases 46. Obligation to deliver up suspended or cancelled certificate . 47. Report to other State Government 48. Power for State Government to revoke suspension or cancellation, and to grant new certificate CHAPTER VI PROTECTION OF, AND CARRIAGE OF PASSENGERS IN, INLAND MECHANICALLY PROPELLED VESSELS 49. Power for State Government to declare dangerous goods 50. Carriage of dangerous goods 51. Power of owner or master of mechanically propelled vessel to throw overboard dangerous goods 52. Power for State Government to make rules for protection of inland mechanically propelled vessels from accidents . 53. Power for State Government to make rules as to carriage of passengers in inland mechanically propelled vessels . 54. Power for State Government to make rules for protection of passengers 54A. Power of State Government to fix maximum and minimum rates for passenger fares and freight for goods 54B. Power to make rules providing for the appointment of Advisory Committees CHAPTER VIA INSURANCE OF MECHANICALLY PROPELLED VESSELS AGAINST THIRD PARTY RISKS 54C. Application of section 134, Chapters X, XI and XII of the Motor Vehicles Act, 1988 in relation to the mechanically propelled vessels CHAPTER VIAB PREVENTION AND CONTROL OF POLLUTION AND PROTECTION OF INLAND WATER 54D. Definitions . . . 38 54E. Prohibition as to discharge of oil, oily mixture, etc., in the inland water . . . 38 "54?. Reception facilities at inland port, etc. . . . 39 54G. Power of entry, inspection, etc. . . . 39 54H. Powers of Central Government to make rules for prevention and control of pollution . . . 39 CHAPTER VII PENALTIES AND LEGAL PROCEEDINGS 55. Penalty for making voyage without certificate of survey . . 40 56. Penalty for neglect to affix certificate of survey in inland mechanically propelled vessel . . . 40 57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or registration . . . 40 58. Penalty for carrying excessive number of passengers on board . . . 41 58A. Penalty for carrying excessive quantity of cargo on board . . 41 59. Penalty for serving, or engaging a person to serve, as master or engineer without certificate . . . 41 60. Penalty for master failing to give notice of wreck or casualty . 41 61. Penalty for failing to deliver up suspended or cancelled certificate . . . 41 62. Penalty for taking or delivering or tendering for carriage dangerous goods on board inland mechanically propelled vessel without notice . . . 41 62A. Punishment for offences relating to accident . . . 42 62B. Penalty for using uninsured mechanically propelled vessel. . 42 62C. Penalty for neglect or refusal to give information as to insurance or to produce certificate of insurance . . ' . 42 62D. Punishment for offences relating to pollution . . . 42 62E. Offences by companies . . 42 63. Penalty for misconduct or neglect endangering inland mechanically propelled vessel or life or limb . . . 43 63A. Desertion and absence without leave . . . 43 63B. General offences against discipline . . . 43 63C. Entry of offence in official log-book 63D. General provision for punishment of offences not otherwise provided for 64. Levy of fine by distress of inland mechanically propelled vessel 65. Jurisdiction of Magistrates 66. Place of trial CHAPTER VIII SUPPLEMENTAL 67. Power for State Government to make general rules 68. Power for State Government to modify application of Act to certain inland mechanically propelled vessels 69. Exemption to Government vessels from fees 70. Power for Central Government to define tidal water 71. Fees recoverable as fines 72. Certificated masters of inland mechanically propelled vessels to be deemed pilots under section 31 of Act 15 of 1908 72A. Endorsement of certificates and licences granted in Bangladesh 73. [Repealed] 74. Publication of rules 75. Repeal and saving SCHEDULE I.—^Rates of Fees SCHEDULE II.—[Repealed]
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THE INLAND VESSELS ACT, 1917
Introduction 1
Sections
CHAPTER /
PRELIMINARY
1. Short title and extent 5
2. Definitions 5
CHAPTER 11
SURVEY OF INLAND MECHANICALLY PROPELLED VESSELS
3. Inland mechanically propelled vessel not to proceed on voyage or to be used for service without certificate of survey 6 4. Appointment of surveyors and places of survey 7 5. Powers of surveyors 7 6. Fees in respect of surveys 7 7. Declaration of surveyor 8 8. Sending of declaration by owner or master to State Government . 8 9. Power for State Government to grant or authorise the grant of certificates of survey 8 9A. Temporary permit . 9 10. Certificate of survey to be affixed in conspicuous part of mechanically propelled vessel . 9
IDA. Effect of certificates of survey . 9
11. Term of certificates of survey . 10
12. Renewal of certificates of survey . 10
13. Power for State Government to suspend or cancel certificate of survey • • 10 14. Power for State Government to require delivery of expired or cancelled certificate • • 10 15. Report of suspension or cancellation of certain certificates . 11
16. Power for State Government to direct survey by two surveyors 11
17. Power for State Goverrunent to order a second survey. . 11
18. Division of duties when two surveyors employed . . 11
19. Power for State Government to make rules as to surveys . 11
CHAPTER IIA
REGISTRATION OF INLAND 2[MECHANICALLY
PROPELLED VESSELS 19A. Inland mechanically propelled vessels not to proceed on voyage or be used for service without certificate of registration 12 19B. Place of registry and registering authorities 12 19C. Book of registration 19D. Application for registration 19E. Places of registration 23 19F. Grant of certificate of registration 13 19G. Automatic registration of inland steam-vessels registered under the Merchant Shipping Acts . 14 19H. Marking of inland mechanically propelled vessels . 14 19-1. Prohibition against transfer of certificate of registration 14 19J. Registration of alterations 24 19K. Transfer of registry 25 19L. Change of residence or place of business . I5 19M. Prohibition against transfer of ownership of registered vessel . 15 19N. Suspension of certificates of registration 19-0. Cancellation of registration
19P. Appeals 19Q. Reciprocity 19QA. Mortgage of mechanically propelled vessel or share
19R. Power to make rules 19S. Certain certificates issued under Merchant Shipping Act to be valid under this Act
CHAPTER III masters including serangs and engineers INCLUDING ENGINE-DRIVERS OF INLAND MECHANICALLY PROPELLED VESSELS 20. Appointment of examiners , o • • • lo21. Grant of masters', serangs', engineers' and engine-drivers' cortificates of competency 2^ 22. Grant of masters', serangs', engineers' and engine-drives' certificates of service
22A. Licences
23. Certificates to be made in duplicate 24. Copy of certificate or licence to be granted in certain cases 25. Certificates to be held by master and engineer of vessel of one hundred or more horse-power
26. Certificates to be held by master and engineer of vessel of between forty and one hundred horse-power
27. Certificates to be held by master and engineer of vessel of less than forty horse-power
28. Power for State Government to require master or engineer to hold certificate granted under Act in addition to
other certificate
29. Power for State Government to make rules as to grant of certificates of competency
30. Power for State Government to make rules as to grant of
certificates of service
30A. Power for State Government to make rules as to grant
of licences
31. Effect of certificates of competency or service and licences
CHAPTER IV
INVESTIGATIONS INTO CASUALTIES
J 32. Report of casualties to be made to nearest police-station
33. Power for State Government to appoint Court of investigation 34. Power of Court of investigation to inquire into charges of incompetency or misconduct
35. Power for State Government to direct investigation otherwise
than under section 33
36. Person charged to be heard
37. Assessors
38. Powers of Court as to evidence and regulation of proceedings
39. Power of Court to effect arrest of witnesses by entry and
detention of vessels
40. Power of Court to commit for trial and to bind over witnesses
41. Depositions of absent witnesses
42. Report by Court to State Government
43. Court to exercise its powers independently of the assessors.
44. Power for State Government to direct investigations into causes of explosions on mechanically propelled vessels
CHAPTER rVA
REMOVAL OF OBSTRUCTIONS AND SIMILAR
HAZARDS IN NAVIGATION
44A. Raising of or removal of wreck impeding navigation, etc.
44B. Removal of obstruction in inland water
44C. Recovery of expenses of removal
44D. Removal of lawful obstruction
44E. Fouling of Government moorings
CHAPTER V
SUSPENSION AND CANCELLATION OF CERTIFICATES
GRANTED UNDER THE ACT
45. Power for State Government to suspend or cancel certificates
in certain cases
46. Obligation to deliver up suspended or cancelled certificate . 47. Report to other State Government
48. Power for State Government to revoke suspension or cancellation, and to grant new certificate
CHAPTER VI
PROTECTION OF, AND CARRIAGE OF PASSENGERS IN,
INLAND MECHANICALLY PROPELLED VESSELS 49. Power for State Government to declare dangerous goods
50. Carriage of dangerous goods 51. Power of owner or master of mechanically propelled vessel to throw overboard dangerous goods 52. Power for State Government to make rules for protection of inland mechanically propelled vessels from accidents . 53. Power for State Government to make rules as to carriage of passengers in inland mechanically propelled vessels . 54. Power for State Government to make rules for protection of passengers
54A. Power of State Government to fix maximum and minimum rates for passenger fares and freight for goods 54B. Power to make rules providing for the appointment of Advisory Committees
CHAPTER VIA
INSURANCE OF MECHANICALLY PROPELLED VESSELS
AGAINST THIRD PARTY RISKS 54C. Application of section 134, Chapters X, XI and XII of the Motor Vehicles Act, 1988 in relation to the mechanically propelled vessels

CHAPTER VIAB
PREVENTION AND CONTROL OF POLLUTION AND
PROTECTION OF INLAND WATER 54D. Definitions . . . 38 54E. Prohibition as to discharge of oil, oily mixture, etc., in the inland water . . . 38 "54?. Reception facilities at inland port, etc. . . . 39 54G. Power of entry, inspection, etc. . . . 39 54H. Powers of Central Government to make rules for prevention and control of pollution . . . 39
CHAPTER VII
PENALTIES AND LEGAL PROCEEDINGS 55. Penalty for making voyage without certificate of survey . . 40 56. Penalty for neglect to affix certificate of survey in inland mechanically propelled vessel . . . 40 57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or registration . . . 40 58. Penalty for carrying excessive number of passengers on board . . . 41 58A. Penalty for carrying excessive quantity of cargo on board . . 41
59. Penalty for serving, or engaging a person to serve, as master or engineer without certificate . . . 41 60. Penalty for master failing to give notice of wreck or casualty . 41 61. Penalty for failing to deliver up suspended or cancelled certificate . . . 41 62. Penalty for taking or delivering or tendering for carriage dangerous goods on board inland mechanically propelled vessel without notice . . . 41
62A. Punishment for offences relating to accident . . . 42 62B. Penalty for using uninsured mechanically propelled vessel. . 42
62C. Penalty for neglect or refusal to give information as to insurance or to produce certificate of insurance . . ' . 42
62D. Punishment for offences relating to pollution . . . 42
62E. Offences by companies . . 42
63. Penalty for misconduct or neglect endangering inland mechanically propelled vessel or life or limb . . . 43
63A. Desertion and absence without leave . . . 43
63B. General offences against discipline . . . 43
63C. Entry of offence in official log-book 63D. General provision for punishment of offences not otherwise provided for 64. Levy of fine by distress of inland mechanically propelled vessel 65. Jurisdiction of Magistrates
66. Place of trial
CHAPTER VIII
SUPPLEMENTAL 67. Power for State Government to make general rules 68. Power for State Government to modify application of Act to certain inland mechanically propelled vessels 69. Exemption to Government vessels from fees 70. Power for Central Government to define tidal water
71. Fees recoverable as fines 72. Certificated masters of inland mechanically propelled vessels to be deemed pilots under section 31 of Act
15 of 1908 72A. Endorsement of certificates and licences granted in Bangladesh 73. [Repealed]
74. Publication of rules 75. Repeal and saving
SCHEDULE I.—^Rates of Fees SCHEDULE II.—[Repealed]

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