6
[54C. Application of section 134, Chapters X, XI and XII of the Motor Vehicles Act,
1988 in relation to the mechanically propelled vessels.—The provisions of section 134,
Chapters X, XI and XII of the Motor Vehicles Act, 1988 shall, as far as may be apply, in relation
to the mechanically propelled vessels as they apply in relation to motor vehicles, subject to the
following modifications, namely:—
1. Ins. by Act 13 of 1930, s. 2.
2. Subs. by Act 35 of 1977, s. 25, for “per mile” (w.e.f. 1-5-1978).
3. Subs. by s. 5, ibid.. for “steam-vessels” (w.e.f.1-5-1978).
4. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978).
5. Ins. by s. 26, ibid. (w.e.f. 1-5-1978).
6. Subs. by Act 35 of 2007, s. 11, for section 54C (w.e.f. 21-2-2008).
28
(a) in section 134 and throughout in Chapters X, XI and XII,—
(i) references to “motor” or “motor vehicle” or “vehicle” shall be construed as
references to “mechanically propelled vessel”;
(ii) references to “public place” shall be construed as references to “inland water”;
(iii) references to “public service vehicle” shall be construed as references to “public
service vessel”;
(iv) references to “goods vehicle” shall be construed as references to “goods service
vessel”;
(v) references to “State Transport” shall be construed as references to “State Water
Transport”;
(vi) references to “driver” or “driver of a vehicle” shall be construed as references to
“master of a vessel”;
(vii) references to “driving licence” shall be construed as references to “a certificate
granted under Chapter HI of the Inland Vessels Act, 1917(1 of 1917)”;
(viii) references to “permit” shall be construed as references to “a certificate of
registration granted under section 19F of the Inland Vessels Act, 1917(1 of 1917) ”,
and such other consequential amendments as the rules of grammar may require, shall also be
made;
(b) in section 145,—
(i) after clause (a), the following clause shall be inserted, namely: —
„(aa) “goods service vessel” means any mechanically propelled vessel used or
adapted to be used for carriage of cargo for hire or reward;‟;
(ii) after clause (d), the following clause :,hall be inserted, namely:—
„(da) “public service vessel” means any mechanically propelled vessel used or
adapted to be used for the carriage of passengers for hire or reward;‟;
(iii) for clause (e), the following clause shall be substituted, namely:—
„(e) “property” includes goods carried in the inland vessel, bridges, landing
facilities, navigation marks and infrastructure;‟;
(iv) after clause (f), the following clause shall be inserted, namely:—
„(fa) “route” means a line of travel which specifies the waterway which may be
traversed by a mechanically propelled vessel between one terminal and another;‟;
(c) in section 149, in sub-section (2), in clause (a)—
(i) in sub-clause (i),—
(A) in item (c), for the words “transport vehicle”, the words “public service vessel
or goods service vessel” shall be substituted;
(B) item (d) shall be omitted;
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(ii) in sub-clause (ii), for the words “not duly licensed”, the words and figures “not
holding a certificate granted under Chapter III of the Inland Vessels Act, 1917(1 of
1917)” shall be substituted;
(d) in section 158, —
(i) for the words “transport vehicle”, wherever they occur, the words “public
service vessel or goods service vessel” shall be substituted, and such other
consequential amendments as the rules of grammar may require shall also be made;
(ii) in sub-section (1), for clause (d), the following clause shall be substituted,
namely:—
“(d) the certificate of survey granted under section 9 of the Inland Vessels Act, 1917
(1 of 1917),”;
(e) in section 161, in sub-section (3),—
(i) in clause (a), for the words “twenty-five thousand rupees”, the words “fifty
thousand rupees” shall be substituted;
(ii) in clause (b), for the words “twelve thousand and five hundred rupees”, the words
“twenty-five thousand rupees” shall be substituted;
(f) in section 165, in sub-section (1), for the words “Motor Accidents Claims Tribunals”,
the words “Inland Vessel Accidents Claims Tribunals” shall be substituted.‟.]
1
[CHAPTER VIAB
PREVENTION AND CONTROL OF POLLUTION AND PROTECTION OF INLAND WATER
54D. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “hazardous chemical” or “obnoxious substance” means any chemical or substance, as the case
may be, which has been designated as such by rules made under this Chapter;
(b) “oil” means any persistent oil such as crude oil, heavy diesel oil, lubricating oil and white oil,
whether carried on board a tanker as cargo or fuel;
(c) “oily mixture” means a mixture with any oil content.]
54E. Prohibition as to discharge of oil, oil mixture, etc., in the inland water.—No oil or oily
mixture, hazardous chemical or obnoxious substance from a mechanically propelled vessel shall be
discharged in inland water:
Provided that nothing in this section shall apply to the discharge of such oil or oily mixture,
hazardous chemical or obnoxious substance from a mechanically propelled vessel for the purpose of
securing the safety of a mechanically propelled vessel, preventing damage to a mechanically propelled
vessel, cargo or saving of life at inland water.]
54F. Reception facilities at inland port, etc.—(1) The owner or operator of an inland port, at cargo
or passenger terminal, as the case may be, shall provide reception facilities to discharge oil, oily mixture,
hazardous chemical or obnoxious substance at such inland port, cargo or passenger terminal.
(2) The owner or operator of an inland port, at cargo or passenger terminal, as the case may be,
providing reception facilities at any inland port, a cargo or passenger terminal may make charges for the
use of the facilities at such rates and may impose such conditions in respect of use thereof as may be
approved by notification in the Official Gazette, by the State Government in respect of the inland port,
cargo or passenger terminal.
(3) For the purposes of minimizing the pollution already caused, or for preventing the pollution
threatened to be caused, the State Government may direct, by order in writing, the owner or operator of an
inland port, at cargo or passenger terminal to provide or arrange for the provision of such pollution
containment equipments and pollutant removing materials at such inland port, cargo and passenger
terminal as may be specified in the order.]
1. Ins. by Act 35 of 2007, s. 12 (w.e.f. 21-2-2008).
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54G. Power of entry inspection, etc.—(1) Any surveyor or any person authorised under this Act in
this behalf may, at any reasonable time, enter and inspect any inland port, at cargo or passenger terminal
for the purposes of—
(a) ensuring that the provisions of this Chapter are complied with;
(b) verifying whether such inland port, at cargo or passenger terminal is provided with the
pollution containment equipment and pollutant removing materials in conformity with the order of
the State Government or the rules made under this Chapter; and
(c) satisfying himself about the adequacy of the measures taken to prevent pollution.
(2) If the surveyor finds that the inland port, at cargo or passenger terminal is not provided with the
aforesaid equipment and materials, he shall give notice to the owner or operator of such inland port, cargo
or passenger terminal, as the case may be, a notice in writing pointing out the deficiency and also what in
his opinion is requisite to remedy the said deficiency.
(3) No owner or operator of such inland port, at cargo or passenger terminal, as the case may be,
served with the notice under sub-section (2), shall proceed with any work at such inland port, cargo or
passenger terminal, as the case may be, until he obtains a certificate signed by the surveyor to the effect
that the inland port, cargo or passenger terminal, as the case may be, is properly provided with the
aforesaid equipment and materials in conformity with the rules made under this Chapter.
54H. Powers of Central Government to make rules for prevention and control of
pollution.—(1) The Central Government may make rules for the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe the designated hazardous chemical and obnoxious substance under clause (a) of
section 54D;
(b) prescribe fitment of oily mixture treatment equipment on shore and on board in certain cases;
(c) prescribe details of reception facilities at inland port, cargo or passenger terminal;
(d) prescribe the forms and record books for inland port, cargo or passenger terminal and the
manner in which such books shall be maintained, the nature of entries to be made therein, the time
and circumstances in which such entries shall be made, the custody and disposal thereof and all other
matters relating thereto;
(e) any other matter which is to be, or may be, prescribed.]