49. Power for State Government to declare dangerous goods.—The State Government may, by
notification in the Official Gazette declare what shall, for the purposes of this Act, be deemed to be
dangerous goods.
50. Carriage of dangerous goods.—(1) No person shall—
(a) take with him on board an inland 3
[mechanically propelled vessel] any dangerous
goods without giving notice of their nature to the owner or master of the 3
[mechanically
propelled vessel], or
(b) deliver or tender for carriage on such 3
[mechanically propelled vessel] any
dangerous goods without giving such notice, and without distinctly marking their nature
on the outside of the package containing the goods.
(2) if the owner or master of an inland 3
[mechanically propelled vessel] suspects, or has
reason to believe, that any luggage or parcel taken, delivered, or tendered for carriage on the
3
[mechanically propelled vessel] contains dangerous goods, he may—
(i) refuse to carry it upon the 3
[mechanically propelled vessel]; or
(ii) require it to be opened to ascertain the nature of its contents; or
(iii) if it has been received for carriage, stop its transit until he is satisfied as to the nature of its
contents.
51. Power of owner or master of mechanically propelled vessel to throw overboard
dangerous goods.—Where any dangerous goods have been taken or delivered on board any
inland 3
[mechanically propelled vessel] in contravention of section 50, the owner or master of
the 3
[Mechanically propelled vessel] may, if he thinks fit, cause the goods to be thrown
overboard together with any package or receptacle in which they ar e contained, and neither the
owner nor the master shall, in respect of his having so caused the goods to be thrown
overboard, be subject to any liability, civil or criminal, in any Court.
52. Power for State Government to make rules for protection of inland mechanically propelled
vessels from accidents.—(1) The State Government may make rules for the protection of inland
2
[mechanically propelled vessels] against explosion, fire, collision and other accidents.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may—
1. Subs. by A.O. 1937, for certain words.
2. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978).
3. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978).
26
(a) prescribe the conditions on and subject to which dangerous goods may be carried on board
inland 1
[mechanically propelled vessels];
(b) prescribe precautions to be taken to prevent explosions or fires on board inland
1
[mechanically propelled vessels];
(c) prescribe the apparatus which is to be kept on board inland 1
[mechanically propelled vessels],
for the purpose of extinguishing fires;
(d) regulate the making of sound signals;
(e) regulate the carriage and exhibition of lights by inland 1
[mechanically propelled
vessels];
(f) regulate the carriage and exhibition of lights by other vessels on specified inland waters on
which 1
[mechanically propelled vessels] ply;
(g) prescribe the steering rules to be observed;
(h) regulate the towing of vessels astern or alongside;
(i) prescribe the speed at which inland 1
[mechanically propelled vessels] may be navigated in
specified areas;
(j) regulate the navigation of inland 1
[mechanically propelled vessels] to prevent
danger to other vessels, or to the bank, channels, navigation marks or any property,
movable or immovable, in or abuting on navigable channels.
2
[(k) prescribe the requirements that the hull, equipment and machinery of inland
mechanically propelled vessel shall comply with;
(l) prescribe the requirement of life saving appliances; and
(m) prescribe the apparatus required for communication and navigation.]
(3) Any rule made under this section may contain a provision that any person committing a
breach of it shall be punishable with imprisonment for a term which may extend to six months,
or with fine which may extend to five hundred rupees, or with both.
53. Power for State Government to make rules as to carriage of passengers in
inland mechanically propelled vessels.—(1) The State Government may make rules to
regulate the carriage of passengers in inland 1
[mechanically propelled vessels].
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may—
(a) prescribe the cases in which passengers may be refused admission to, or may be required to
leave, inland 1
[mechanically propelled vessels];
(b) provide for the payment of fares, and the exhibition of tickets or receipts (if any)
showing the payment of their fares, by passengers in inland 1
[mechanically propelled
vessels]; and
(c) regulate generally the conduct of passengers in inland 1
[mechanically propelled vessels].
(3) Any rule matte under this section may contain a provision that any person committing a breach of
it shall be punishable with fine which may extend to twenty rupees.
(4) The master or any other officer of an inland 3
[mechanically propelled vessel], and any
person called by him to his assistance, may arrest any person who has committed a breach of
any rule made under this section, if the name and address of such person arc unknown to the
master or such other officer.
(5) The procedure prescribed by 4
[section 43 of the Code of Criminal Procedure, 1973
(2 of 1974)], in the case of arrest by private persons shall apply to every arrest made under this
section.
54. Power for State Government to make rules for protection of passengers.—(1) The State
Government may also make rules for the protection of passengers in inland 1
[mechanically propelled
vessels], and may by such rules require—
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978).
2. Ins. by Act 35 of 2007, s. 10 (w.e.f. 21-2-2008).
3. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
4. Subs. by s. 24, ibid., for “section 59 of the Code of Criminal Procedure, 1898” (w.e.f. 1-5-1978).
27
(a) the prices of passenger tickets to be printed or otherwise denoted on such tickets;
and
(b) the supply, free of charge, of a sufficient quantity of fresh water for the use of such
passengers.
(2) Any rule made under this section may contain a provision that any person committing
a breach of it shall be punishable with fine which may extend to fifty rupees.
1
[54A. Power of State Government to fix maximum and minimum rates for passenger
fares and freight for goods.—(1) The State Government may, by notification in the Official
Gazette, after such inquiry as it may consider necessary, in respect of any s ystem of inland
waterways, or of any stretch of inland waterway, or of the run between any two stations on an
inland waterway,—
(a) fix the maximum or minimum rate 2
[per kilometre] which may be charged for
passenger fares for passengers of any class travelling on inland 3
[mechanically propelled
vessels];
(b) fix the maximum rate 2
[per kilometre] which may be charged for freight on goods of any
description carried in inland 3
[mechanically propelled vessels];
(c) fix the minimum rate 2
[per kilometre] which may be charged for freight on goods of any
description carried in inland 3
[mechanically propelled vessels]; and
(d) declare what shall be deemed to be the distance between any two stations on an
inland waterway for the purpose of calculating passengers‟ fares or freight on goods where
maximum or minimum rates have been fixed under this section.
(2) The State Government shall not fix any minimum rate under clause (a) or clause (c) of
sub-section (1) in respect of any class of passengers or description of goods carried on any
system of waterways, or stretch of waterway, or on the run between any two stations on an
inland waterway, unless it is satisfied that the rates charged on any inl and 4
[mechanically
propelled vessel] or group of such vessels in respect of such passengers or goods have been
reduced to such an extent as to disclose an intention to force any other inland 4
[mechanically
propelled vessel] or group of such vessels to cease from carrying such passengers or goods.
5
[(3) In case of any dispute relating to the fixation of the maximum or the minimum rate per
kilometre 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.]
54B. Power to make rules providing for the appointment of Advisory
Committees.—The State Government may make rules providing for the appointment,
constitution, procedure and functions of Committees to advise the owners, agents and
charterers of inland 3
[mechanically propelled vessels] on questions affecting the interests.
of passengers and shippers of goods.