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The Inland Waterways Authority Of India Act, 1985

THE INLAND WATERWAYS AUTHORITY OF INDIA ACT
ACT NO. 82 OF
30th December
An Act to provide for the constitution of an Authority for the
regulation and development of inland waterways for purposes of
shipping and navigation and for matters connected therewith or
incidental thereto.

BE it enacted by Parliament in the Thirty – sixth Year of the
Republic of India as follows:–

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

1. Short title and commencement.

1. Short title and commencement. (1) This Act may be called the
Inland Waterways Authority of India Act 1985.

(2) It shall come into force on such date as the Central
Government may by notification in the Official Gazette appoint.

2. Definitions.

2. Definitions. In this Act unless the context otherwise
requires–

(a) appurtenant land means all lands appurtenant to a
national waterway whether demarcated or 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 include measures for protection of
banks against floods or for restricting banks which have become
eroded mainly 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 the expression infrastructural facilities shall be
construed accordingly;

1. 27-10-1986 : Vide Notification No. S.O. 763 (E) dated 27-10-
1986 Gazette of India Extraordinary 1986 Part II section 3 (ii).

(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 National Waterway (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 then from 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 for construing 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.

CHAP

INLAND WATERWAYS AUTHORITY OF INDIA

CHAPTER II

INLAND WATERWAYS AUTHORITY OF INDIA

3. Constitution and incorporation of the Inland Waterways Authority ofIndia.

3. Constitution and incorporation of the Inland Waterways
Authority of India. (1) With effect from such date as the Central
Government may by notification in the Official Gazette appoint in
this behalf there shall be constituted for the purposes of this Act
an Authority to be called the Inland Waterways Authority of India.

(2) The Authority shall be a body corporate by the name
aforesaid having perpetual succession and a common 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.

(3) The Authority shall consist of the following members
namely:–

(a) a Chairman;

(b) a Vice – Chairman; and

(c) such number of persons not exceeding five to be
appointed by the Central Government.

(4) The Authority may associate with itself in such manner and
for such purposes as may be determined by regulations any person
whose assistance or advice it may desire in complying with any of the
provisions of this Act and a person so associated shall have the right
to take part

1. 27-10-1986 : Vide Notification No. S.O. 764 (E) dated 27-10-
1986 Gazette of India Extraordinary 1986 Part II section 3 (ii).

in the discussions of the Authority relevant to the purpose for which
he has been associated but shall not be entitled to vote.

4. Conditions of service of members.

4. Conditions of service of members. The term of office and other
conditions of service of the members shall be such as may be
prescribed.

5. Powers of Chairman and Vice – Chairman.

5. Powers of Chairman and Vice – Chairman. (1) The Chairman of the
Authority shall in addition to presiding over the meetings of the
Authority exercise and discharge such powers and duties of the
Authority as may be delegated to him by the Authority and such other
powers and duties as may be prescribed.

(2) The Vice – Chairman of the Authority shall exercise and
discharge such of the powers and duties of the Chairman as may be
prescribed or as may be delegated to him by the Authority.

6. Removal etc.

of members.

6. Removal etc. of members. (1) The Central Government may
remove from the Authority any member who in its opinion–

(a) refuses to act

(b) has become incapable to act

(c) has so abused his office as to render his continuance in
office detrimental to the public interest or

(d) is otherwise unsuitable to continue as a member.

(2) The Central Government may suspend any member pending an
inquiry against him.

(3) No order of removal under this section shall be made unless
the member concerned has been given an opportunity to submit his
explanation to the Central Government and when such order is passed
the seat of the member removed shall be declared vacant.

(4) A member who has been removed under this section shall not be
eligible for re – appointment as a member or in any capacity under the
Authority.

7. Vacancy etc.

not to invalidate proceedings of the Authority.

7. Vacancy etc. not to invalidate proceedings of the Authority.
No act or proceeding of the Authority shall be invalidated merely by
reason of–

(a) any vacancy in or any defect in the constitution of
the Authority; or

(b) any defect in the appointment of a person acting as a
member of the Authority; or

(c) any irregularity in the procedure of the Authority not
affecting the merits of the case.

8. Secretary and other officers.

8. Secretary and other officers. (1) The Authority may appoint
the Secretary and such other officers and employees as it considers
necessary for the efficient discharge of its functions under this Act.

(2) The terms and conditions of service of the Secretary and
other officers and employees of the Authority shall be such as may be
determined by regulations.

9. Advisory Committees.

9. Advisory Committees. (1) Subject to any rules made in this
behalf the Authority may from time to time constitute such Advisory
Committees as may be necessary for the efficient discharge of its
functions.

(2) Every Advisory Committee shall consist of such number of
persons connected with shipping and navigation and allied aspects as
the Authority may deem fit.

10. Authority to act on business principles.

10. Authority to act on business principles. In the discharge of
its functions under this Act the Authority shall act so far as may
be on business principles.

CHAP

PROPERTY AND CONTRACTS

CHAPTER III

PROPERTY AND CONTRACTS

11. Transfer of assets and liabilities of the Central Government to theAuthority.

11. Transfer of assets and liabilities of the Central Government
to the Authority. (1) As from such day as the Central Government
may appoint by notification in the official Gazette–

(a) all properties and other assets vested in the Central
Government for the purposes of Inland Water Transport
Directorate and administered by the Chief Engineer – cum-
Administrator Inland Water Transport Directorate immediately
before such day shall vest in the Authority;

(b) all debts obligations and liabilities incurred all
contracts entered into and all matters and things engaged to be
done by with or for the Central Government immediately before
such day for or in connection with the purposes of Inland Water
Transport Directorate shall be deemed to have been incurred;
entered into and engaged to be done by with or for the
Authority;

(c) all non – recurring expenditure incurred by the Central
Government for or in connection with the purposes of Inland Water
Transport Directorate up to such day and declared to be capital
expenditure by the Central Government shall subject to such
terms and conditions as may be determined by the Central
Government be treated as capital provided by the Central
Government to the Authority;

(d) all sums of money due to the Central Government in
relation to Inland Water Transport Directorate immediately before
such day shall be deemed to be due to the Authority;

(e) all suits and other legal proceedings with respect to
any matter in relation to Inland Water Transport Directorate
which having been instituted by or against the Central Government
are pending or which could have been so instituted immediately
before such date shall on and after such date be continued or
instituted by or against the Authority; and

(f) every employee holding any office under the Central
Government immediately before such day solely or mainly for or in
connection with such affairs of Inland Water Transport
Directorate as are relevant to the functions of the Authority
under this

1. 27-10-1986 : Vice Notification No. S.O. 767 (E) dated 27-10-
1986 Extraordinary 1986 Part II section 3 (ii).

Act shall be treated as on deputation with the Authority but
shall hold his office in the Authority by the same tenure and
upon the same terms and conditions of service as respects
remuneration leave provident fund retirement or other terminal
benefits as he would have held such office if the Authority had
not been constituted and shall continue to do so until the
Central Government either on its own motion or at the request of
the Authority recalls such employee to its service or until the
Authority with the concurrence of the Central Government duly
absorbs such employee in its regular service whichever is
earlier:

Provided that during the period of deputation of any such
employee with the Authority the Authority shall pay to the
Central Government in respect of every such employee such
contribution towards his leave salary pension and gratuity as
the Central Government may by order determine:

Provided further that any such employee who has in respect
of the proposal of the Authority to absorb him in its regular
service intimated within such time as may be specified in this
behalf by the Authority his intention of not becoming a regular
employee of the Authority shall not be absorbed by the Authority
in its regular service.

(2) If any dispute or doubt arises as to which of the properties
rights or liabilities of the Central Government have been transferred
to the Authority or as to which of the employees serving under the
Central Government are to be treated as on deputation with the
Authority under this section such dispute or doubt shall be decided
by the Central Government in consultation with the Authority and the
decision of the Central Government thereon shall be final.

(3) Notwithstanding anything contained in the Industrial Disputes
Act 1947 (14 of 1947) or in any other law for the time being in
force the absorption of any employee by the Authority in its regular
service under this section shall not entitle such employee to any
compensation under that Act or other law and no such claim shall be
entertained by any court tribunal or other authority.

12. Contracts by the Authority.

12. Contracts by the Authority. Subject to the provisions of
section 13 the Authority shall be competent to enter into and perform
any contract necessary for the discharge of its functions under this
Act.

13. Mode of executing contracts on behalf of the Authority.

13. Mode of executing contracts on behalf of the Authority. (1)
Every contract shall on behalf of the Authority be made by the
Chairman or such other member or such officer of the Authority as may
be generally or specially empowered in this behalf by the Authority
and such contracts or class of contracts as may be specified in the
regulations shall be sealed with the common seal of the Authority:

Provided that no contract exceeding such value or amount as the
Central Government may from time to time by order fix in this
behalf shall be made unless it has been previously approved by the
Authority:

Provided further that no contract for the acquisition or sale of
immovable property or for the lease of any such property for a term
exceeding thirty years and no other contract exceeding such value or

amount as the Central Government may from time to time by order fix
in this behalf shall be made unless it has been previously approved by
the Central Government.

(2) Subject to the provisions of sub – section (1) the form and
manner in which any contract shall be made under this Act shall be
such as may be prescribed by regulations.

(3) No contract which is not in accordance with the provisions of
this Act and the regulations shall be binding on the Authority.

CHAP

FUNCTIONS AND POWERS OF THE AUTHORITY

CHAPTER IV

FUNCTIONS AND POWERS OF THE AUTHORITY

14. Functions of the Authority.

14. Functions of the Authority. (1) The Authority may–

(a) carry out surveys and investigations for the
development maintenance and better utilisation of the national
waterways and the appurtenant land for shipping and navigation
and prepare schemes in this behalf;

(b) provide or permit setting up of infrastructural
facilities for national waterways;

(c) carry out conservancy measures and training works and do
all other acts necessary for the safety and convenience of
shipping and navigation and improvement of the national
waterways;

(d) control activities such as throwing rubbish dumping or
removal of material in or from the bed of the national waterways
and appurtenant land in so far as they may affect safe and
efficient shipping and navigation maintenance of navigable
channels river training and conservancy measures;

(e) remove or alter any obstruction or impediment in the
national waterways and the appurtenant land which may impede the
safe navigation or endanger safety of infrastructural facilities
or conservancy measures where such obstruction or impediment has
been lawfully made or has become lawful by reason of long
continuance of such obstruction or impediment or otherwise after
making compensation to person suffering damage by such removal or
alteration;

(f) provide for the regulation of navigation and traffic
(including the rule of the road) on national waterways;

(g) regulate the construction or alteration of structures
on across or under the national waterways;

(h) disseminate navigational meteorological information
about national waterways;

(i) ensure co – ordination of inland water transport on
national waterways with other modes of transport; and

(j) establish and maintain pilotage on national waterways.

(2) The Authority may also–

(a) advise the Central Government on matters relating to
inland water transport;

(b) study the transport requirement with a view to co-
ordinating inland water transport with other modes of transport;

(c) carry out hydrographic surveys and publish river charts;

(d) assist on such terms and conditions as may be mutually
agreed upon any State Government in formulation and
implementation of scheme for inland water transport development;

(e) develop consultancy services and provide such services
on such terms and conditions as may be mutually agreed upon in
India and abroad in relation to planning and development of
waterways for shipping and navigation or any facility thereat;

(f) conduct research in matters relating to inland water
transport including development of craft design mechanisation of
country crafts technique of towage landing and terminal
facilities port installations and survey techniques;

(g) lay down standards for classification of inland
waterways;

(h) arrange programme of technical training for inland water
transport personnel within and outside the country; and

(i) perform such other functions as may be necessary to
carry out the provisions of this Act.

(3) Any dispute arising out of or concerning the compensation
referred to in clause (e) of sub – section (1) shall be determined
according to the law relating to like disputes in the case of land
required for public purposes.

(4) Every scheme prepared by the Authority to carry out
functions under sub – sections (1) and (2) involving capital
expenditure exceeding the amount as may be prescribed shall be
submitted to the Central Government for approval.

(5) The Central Government may either approve the scheme
submitted to it under sub – section (4) without modification or with
such modifications as it may consider necessary or reject the scheme
with directions to the Authority to prepare a fresh scheme according
to such directions.

15. Amendment of schemes.

15. Amendment of schemes. The Authority shall not make any
material change in the scheme approved under sub – section (5) of
section 14 without the prior approval of the Central Government.

Explanation: — For the purposes of this section material change
means an increase in the cost of the scheme by more than twenty per
cent. of its cost or a change in the benefit and cost ratio which
either makes the cost component in the ratio exceeds the benefit or
reduces the benefit component by more than twenty per cent.

CHAP

FINANCE ACCOUNTS AND AUDIT

CHAPTER V

FINANCE ACCOUNTS AND AUDIT

17. Levy and collection of fees and charges.

17. Levy and collection of fees and charges. (1) The Authority
may with the previous approval of the Central Government levy fees
and charges at such rates as may be laid down by regulations made in
this behalf for services or benefits rendered in relation to the use
of the national waterways for the purposes of shipping navigation
infrastructural facilities including facilities for passengers and
facilities relating to the berthing of vessels handling of cargoes
and storage of cargoes.

(2) The fees and charges levied under sub – section (1) shall be
collected in such manner as may be determined by regulations.

18. Grants and loans by the Central Government.

18. Grants and loans by the Central Government. The Central
Government may after due appropriation made by Parliament by law in
this behalf make to the Authority grants and loans of such sums of
money as that Government may consider necessary.

19. Constitution of the Fund.

19. Constitution of the Fund. (1) There shall be constituted a
Fund to be called the Inland Waterways Authority of India Fund and
there shall be credited thereto–

(a) any grants and loans made to the Authority by the
Central Government under section 18;

(b) all fees and charges received by the Authority under
this Act; and

(c) all sums received by the Authority from such other
sources as may be decided upon by the Central Government.

(2) The Fund shall be applied for meeting–

(a) salary allowances and other remuneration of the
members officers and other employees of the Authority;

Omitted by Act 8 of 1994 s. 2.

(b) expenses of the Authority in the discharge of its
functions under section 14; and

(c) expenses on objects and for purposes authorised by this
Act.

20. Budget.

20. Budget. The Authority shall prepare in such form and at such
time each financial year as may be prescribed its budget for the next
financial year showing the estimated receipts and expenditure of the
Authority and forward the same to the Central Government.

21. Investment of funds.

21. Investment of funds. The Authority may invest its funds
(including any reserve fund) in the securities of the Central
Government or in such other manner as may be prescribed.

22. Annual report.

22. Annual report. The Authority shall prepare in such form and
at such time each financial year as may be prescribed its annual
report giving a full account of its activities during the previous
financial year and submit a copy thereof to the Central Government.

23. Accounts and audit.

23. Accounts and audit. The accounts of the Authority shall be
maintained and audited in such manner as may in consultation with the
Comptroller and Auditor – General of India be prescribed and the
Authority shall furnish to the Central Government before such date
as may be prescribed its audited copy of accounts together with the
auditors’ report thereon.

24. Annual report and auditors’ report to be laid before Parliament.

24. Annual report and auditors’ report to be laid before
Parliament. The Central Government shall cause the annual report and
auditors’ report to be laid as soon as may be after they are
received before each House of Parliament.

CHAP

MISCELLANEOUS

CHAPTER VI

MISCELLANEOUS

25. Power of Central Government to issue directions.

25. Power of Central Government to issue directions. (1) Without
prejudice to the foregoing provisions of this Act the Authority
shall in the discharge of its functions and duties under this Act be
bound by such directions on questions of policy as the Central
Government may give in writing to it from time to time:

Provided that the Authority shall as far as practicable be
given opportunity to express its views before any direction is given
under this sub – section.

(2) The decision of the Central Government whether a question is
one of policy or not shall be final.

26. Compulsory acquisition of land for the Authority.

26. Compulsory acquisition of land for the Authority. Any land
required by the Authority for discharging its functions under this Act
shall be deemed to be needed for a public purpose and such land may be
acquired for the Authority under the provisions of the Land
Acquisition Act 1894 (1 of 1894.) or of any other corresponding law
for the time being in force.

27. Application etc.

of certain laws.

27. Application etc. of certain laws. (1) The provisions of
this Act shall be in addition to the provisions of the Indian Ports
Act 1908 (15 of 1908) and the Major Port Trusts Act 1963 (38 of
1963) and in particular nothing in this Act shall affect any
jurisdiction functions powers or duties required to be exercised
performed or discharged by–

(a) the conservator of any port or by any officer or
authority under the Indian Ports Act 1908 (15 of 1908) or

(b) the Board of Trustees for any major port or by any
officer or authority under the Major Port Trusts Act 1963 (38 of
1963) in or in relation to any portion of an inland waterway
(including the national waterway) falling within the limits of
such port or major port.

(2) Nothing in this Act shall affect the operation of the Inland
Vessels Act 1917 (1 of 1917) or any other Central Act (other than
the Indian Ports Act 1908 (15 of 1908) and the Major Port Trusts
Act 1963 (38 of 1963) or any State or provincial Act in force
immediately before the commencement of this Act with respect to
shipping and navigation on any national waterway .

28. Power to enter.

28. Power to enter. Subject to any rules made in this behalf any
person generally or specially authorised by the Authority in this
behalf may whenever it in necessary so to do for any of the purposes
of this Act at all reasonable times enter upon any land or premises
and–

(a) make any inspection survey measurement valuation or
inquiry;

(b) take levels;

(c) dig or bore into sub – soil;

(d) set out boundaries and intended lines of work;

(e) mark such level boundaries and lines by placing marks
and cutting trenches; or

(f) do such other acts or things as may be prescribed:

Provided that no such person shall enter any building or any
enclosed court or garden attached to a dwelling – house (unless with the
consent of the occupier thereof) without previously giving such
occupier at least twenty – four hours’ notice in writing of his
intention to do so.

29. Delegation.

29. Delegation. The Authority may by general or special order in
writing delegate to the Chairman or any other member or to any
officer of the Authority subject to such conditions and limitations
if any as may be specified in the order such of its powers and
functions under this Act (except the powers under section 35) as it
may deem necessary.

1. Certain words omitted by Act 8 of 1994 s. 3.

30

Authentication of orders and other instruments of the Authority.

30. Authentication of orders and other instruments of the
Authority. All orders and decisions of the Authority shall be
authenticated by the signature of the Chairman or any other member
authorised by the Authority in this behalf and all other instruments
executed by the Authority shall be authenticated by the signature of
an officer of the Authority authorised by the Authority in this
behalf.

31. Members officers and employees of the Authority to be publicservants.

31. Members officers and employees of the Authority to be public
servants. All members officers and other employees of the Authority
shall be deemed when acting or purporting to act in pursuance of any
of the provisions of this Act to be public servants within the
meaning of section 21 of the Indian Penal Code (45 of 1860).

32. Protection of action taken in good faith.

32. Protection of action taken in good faith. (1) No suit
prosecution or other legal proceedings shall lie against the
Government or any officer of the Government or any member officer or
employee of the Authority for anything which is in good faith done or
intended to be done under this Act or the rules or regulations made
thereunder.

(2) No suit or other legal proceedings shall lie against the
Authority for any damage caused or likely to be caused by anything in
good faith done or purported to be done under this Act or the rules or
regulations and in particular it shall not be the responsibility of
the Authority to provide for relief measures necessitated by floods or
by breaches and failures of works.

33. Power of Central Government to supersede the Authority.

33. Power of Central Government to supersede the Authority. (1)
If at any time the Central Government is of opinion–

(a) that on account of a grave emergency the Authority is
unable to discharge the functions and duties imposed on it by or
under the provisions of this Act; or

(b) that the Authority has persistently made default in
complying with any direction issued by the Central Government
under this Act or in the discharge of the functions and duties
imposed on it by or under the provisions of this Act and as a
result of which default the financial position of the Authority
or the administration of any national waterway has deteriorated;
or

(c) that circumstances exist which render it necessary in
the public interest so to do the Central Government may by
notification in the Official Gazette supersede the Authority for
such period not exceeding six months as may be specified in the
notification:

Provided that before issuing a notification under this sub-
section for the reasons mentioned in clause (b) the Central
Government shall give a reasonable opportunity to the Authority to
show cause why it should not be superseded and shall consider the
explanations and objection if any of the Authority.

(2) Upon the publication of a notification under sub – section (1)
superseding the Authority–

(a) all the members shall as from the date of supersession
vacate their offices as such;

(b) all the powers functions and duties which may by or
under the provisions of this Act be exercised or discharged by
or on behalf of the Authority shall until the Authority is
reconstituted under sub – section (3) be exercised and discharged
by such person or persons as the Central Government may direct;

(c) all property owned or controlled by the Authority shall
until the Authority is reconstituted under sub – section (3) vest
in the Central Government.

(3) On the expiration of the period of supersession specified in
the notification issued under sub – section (1) the Central Government
may–

(a) extend the period of supersession for such further term
not exceeding six months as it may consider necessary; or

(b) reconstitute the Authority by fresh appointment and in
such case any persons who vacated their offices under clause (a)
of sub – section (2) shall not be deemed disqualified for
appointment:

Provided that the Central Government may at any time before the
expiration of the period of supersession whether as originally
specified under sub – section (1) or as extended under this sub – section
take action under clause (b) of this sub – section.

(4) The Central Government shall cause a notification issued
under sub – section (1) and a full report of any action taken under this
section and the circumstances leading to such action to be laid before
such House of Parliament at the earliest opportunity.

34. Power to make rules.

34. Power to make rules. (1) The Central Government may by
notification in the Official Gazette make rules to carry out the
purposes of this Act.

(2) Without prejudice to the generality of the foregoing power
such rules may provide for all or any of the following matters
namely:–

(a) the term of office and other conditions of service of
the members of the Authority under section 4;

(b) the powers and duties of the Chairman and Vice – Chairman
under section 5;

(c) the matters with respect to the Advisory Committee
referred to in sub – section (1) of section 9;

(d) the amount required to be prescribed under sub – section
(4) of section 14;

(e) the form in which and the time at which the Authority
shall prepare its budget under section 20 and its annual report
under section 22;

(f) the manner in which the Authority may invest its funds
under section 21;

(g) the manner in which the accounts of the Authority shall
be maintained and audited under section 23;

(h) the conditions and restrictions with respect to exercise
of the power to enter under section 28 and the matters referred
to in clause (f) of that section; and

(i) any other matter which is to be or may be prescribed
or in respect of which provision is to be or may be made by
rules.

35. Power to make regulations.

35. Power to make regulations. (1) The Authority may with the
previous approval of the Central Government by notification in the
Official Gazette make regulations consistent with this Act and the
rules generally to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the
foregoing power such regulations may provide for all or any of the
following matters namely:–

(a) the manner in which and the purposes for which the
Authority may associate with itself any person under sub – section
(4) of section 3;

(b) the terms and conditions of service of the Secretary and
other officers and employees of the Authority under sub – section
(2) of section 8;

(c) the contracts or class of contracts which are to be
sealed with the common seal of the Authority and the form and
manner in which a contract may be made by the Authority;

(d) the manner in which and the conditions subject to
which any functions in relation to the matters referred to in
sub – sections (1) and (2) of section 14 may be performed;

(e) the rule of the road on a national waterway;

(f) the safe efficient and convenient use management and
control of the infrastructures and infrastructural facilities;

(g) the reception porterage storage and removal of goods
brought on a national waterway and the procedure to be followed
for taking charge of goods which may have been damaged before
landing or may be alleged to have been so damaged;

(h) regulating declaring and defining the docks wharfs
jetties landing stages on which goods shall be landed from
vessels and shipped on board vessels;

(i) regulating the manner in which and the conditions under
which the loading and unloading of vessels on a national waterway
shall be carried out; and

(j) the exclusion from a national waterway of disorderly or
other undesirable persons and of trespassers.

(3) Any regulation made under any of the clauses (c) to (j) of
sub – section (2) may provide that a contravention thereof shall be
punishable with fine which may extend to five hundred rupees and in
the case of a continuing contravention with an additional fine which
may extend to twenty rupees for every day during which such
contravention continues after conviction for the first such
contravention.

36. Rules and regulations to be laid before Parliament.

36. Rules and regulations to be laid before Parliament. Every
rule and every regulation made 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 or the successive sessions
aforesaid both Houses agree in making any modification in the rule or
regulation or both House agree that the rule or regulation should not
be made the rule or regulation 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
or regulation.

37. Power to remove difficulties.

37. Power to remove difficulties. (1) If any difficulty arises in
giving effect to the provisions of this Act the Central Government
may by order published in the Official Gazette make such provisions
not inconsistent with the provisions of this Act as may appear to be
necessary for removing the difficulty:

Provided that no order shall be made under this section after the
expiry of five years from the commencement of this Act.

(2) Every order made under this section shall be laid as soon as
may be after it is made before each House of Parliament.

38. Amendment of Act 49 of 1982.

38. Amendment of Act 49 of 1982. In the National Waterway
(Allahabad – Haldia Stretch of the Ganga – Bhagirathi-Hooghly River) Act
1982–

(a) in section 3 for the words Central Government the
word Union shall be substituted and for the words to the
extent hereinafter provided the words and figures to the
extent provided in the Inland Waterways Authority of India Act
1985 shall be substituted;

(b) sections 4 to 15 shall be omitted.

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