19A. Inland mechanically propelled vessels not to proceed on voyage or be used for
service without certificate of registration.—(1) An inland 1
[mechanically propelled vessel]
shall not proceed on any voyage or be used for any service, unless it has a certificate of
registration in force in respect thereof and granted under this Act.
(2) Nothing in this section shall—
(a) apply to any 1
[mechanically propelled vessel] built at any place other than a place of registry
and making her first voyage to any such place for the purpose of registration; or
(b) be in derogation of the provisions contained in section 3.
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I.
3. Ins. by Act 26 of 1951, s. 3.
4. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978).
12
19B. Place of registry and, registering authorities.—(1) The State Government may, by
notification in the Official Gazette—
(a) declare such places within the territories under its administration as it thinks fit to be places of
registry; and
(b) appoint registering authorities at the said places for the purposes of this Act.
(2) Every person appointed as a registering authority shall, for the purposes of any
registration made by him, be deemed to be a public servant within the meaning of the Indian
Penal Code (45 of 1860).
19C. Book of registration.—At every place of registry, a book shall be kept by the
registering authority in which all the particulars contained in the form of the certificate of
registration shall be duly entered and such registering authority shall, immediately after
registering any inland 1
[mechanically propelled vessel] or within one month at the furthest,
send to the State Government a true and exact copy, together with the number, of every
certificate which shall be so granted by it.
19D. Application for registration.—An application for registration of an inland
1
[mechanically propelled vessel] shall be made by the owner or master of the vessel in such
form and shall contain such particulars as may be prescribed and shall be accompanied by a
copy of the certificate of survey in force issued in respect of the vessel.
19E. Places of registration.—(1) Every application for registration shall be made to a
registering authority within the local limits of whose jurisdiction the owner of the inland
1
[mechanically propelled vessel] ordinarily resides or carries on business.
(2) Where the owner applying for a certificate of registration is a company 2
[within the
meaning of section 3 of the Companies Act, 1956 (1 of 1956)], the application may be made to
a registering authority within the local limits of whose jurisdiction the principal office of the
company is situate.
(3) Notwithstanding anything contained in this section, an inland 1
[mechanically propelled
vessel] may be registered by a registering authority in any State, although the owner does not
ordinarily reside or carry on business in that State or, if a company, the principal place of
business of the company is not situate in that State:
Provided that the Government of the State in which the owner ordinarily resides or carries
on business, or in the case of a company the Government of the State where the principal place
of business of the company is situate, has accorded its previous approval thereto.
19F. Grant of certificate of registration.—(1) If, in respect of any inland 1
[mechanically
propelled vessel], the registering authority, after making such in quiry as it thinks fit, is
satisfied that the provisions of this Act or of any rules made thereunder have been complied
with, it shall grant to the applicant therefor a certificate of registration comprising such
particulars as may be prescribed on payment of the prescribed fee.
(2) A registering authority may refuse to register an inland 1
[mechanically propelled
vessel], if she is found to be mechanically defective, or if the applicant fails to furnish
satisfactory evidence in support of any of the statements made in his application:
Provided that where the registering authority refuses to register any inland 1
[mechanically
propelled vessel], it shall furnish to the applicant a statement in writing containing the reasons for such
refusal.
19G. [Automatic registration of inland steam-vessels registered under the Merchant
Shipping Acts.] Omitted by the Inland Steam-Vessels (Amendment) Act, 1977 (35 of 1977), s. 9,
(w.e.f. 1-5-1978).
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Subs. by s. 8, ibid., for certain words (w.e.f. 1-5-1978).
13
19H. Marking of inland mechanically propelled vessels.—Where an inland
1
[mechanically propelled vessel] has been registered under this Chapter, the registering
authority shall assign to the vessel, to be displayed thereon conspicuously in the prescribed
manner, a distinguishing mark, hereinafter in this Act referred to as the registration mark.
19-I. Prohibition against transfer of certificate of registration.—(1) A certificate of
registration granted in respect of any inland 1
[mechanically propelled vessel] shall be used
only for the lawful navigation of that vessel.
(2) A certificate of registration in respect of an inland 1
[mechanically propelled vessel]
issued by a registering authority in one State shall be valid for that State only, but where any
such vessel plies in 2
[inland waters of any other State], nothing in this section shall be deemed
to require the owner or master of the vessel to obtain a fresh certificate of registration in
relation to the State or States in which the vessel is not so registered:
3
* * * *
4
[(3) When an inland mechanically propelled vessel registered in one State has been kept in
another State for a period exceeding 5
[thirty-six months], the owner or master of the vessel shall
make an application under section 19K to The registering authority, within whose jurisdiction
the vessel then is, for the transfer of registry from the registering authority of the place where
the vessel is registered.]
19J. Registration of alterations.—(1) When an inland 1
[mechanically propelled vessel] is
so altered as not to correspond with the particulars relating to her or the description entered in
the certificate of registration, then the owner of the vessel shall, within such period as may be
prescribed, make a report of such alteration to the registering authority of the place where the
vessel is registered.
(2) The report under sub-section (1) shall be made in such form and shall contain such
particulars with respect to the alteration as may be prescribed and shall be accompanied by
the certificate of registration in force in respect of the vessel at_ the time of the report.
(3) The registering authority, on receipt of the report under sub-section (1) and on payment
of the prescribed fee, shall either cause the alteration to be registered or direct that the vessel be
registered anew:
Provided that where the registering authority directs that the vessel be registered anew, it
shall either grant a provisional certificate describing the vessel as altered or provisionally
endorse the particulars of the alteration on the existing certificate.
(3) Any provisional certificate granted or endorsement made under the provisions of this
section shall be valid for a period of one month from the date thereof, within which period the
owner shall cause all necessary steps to be taken to have the vessel regist ered anew.
19K. Transfer of registry.—(1) The registry of an inland 1
[mechanically propelled vessel]
may be transferred from one place in a State to another place in another State on the
application by the owner or master of the vessel to 6
[the registering authority of the State in
which the vessel is kept].
(2) On receipt of such application, the registering authority shall transmit notice thereof to 7
[the
registering. authority of the place where the vessel is registered].
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Subs. by s. 10, ibid., for “inland waters of more than one State” (w.e.f. 1-5-1978).
3. The proviso omitted by s. 10, ibid. (w.e.f. 1-5-1978).
4. Ins. by s. 10, ibid. (w.e.f. 1-5-1978).
5. Subs. by Act 35 of 2007, s. 6, for “twelve months” (w.e.f. 21-2-2008).
6. Subs. by Act 35 of 1977, s. 11, for “the registering authority of the place where the vessel is registered” (w.e.f. 1-5-1978).
7. Subs. by s. 11, ibid., for “the registering authority of the intended place of registry with a copy of all particulars relating to
the vessel” (w.e.f. 1-5-1978).
14
1
[(3) The certificate of registration in respect of the vessel shall be delivered up to the
registering authority of the intended place of registry along with the application.
(4) On receipt of the application under sub-section (1) and the prescribed fee, if any, the
registering authority of the intended place of registry shall enter in its register book all the
particulars relating to the vessel and grant a fresh certificate of registration in respect of the
vessel and thenceforth such vessel shall be considered as registered at the new place of
registry.
(5) A State Government may make rules under section 19R requiring the owner or master
of an inland mechanically propelled vessel not registered within the State which is brought
into or is, for the time being in the State, to furnish to a prescribed authority in the State such
information with respect to the inland mechanically propelled vessel and its registration as
may be prescribed.]
19L. Change of residence or place of business.—(1) If the owner of an inland
2
[mechanically propelled vessel] ceases to reside or carry on business at the address recorded
in the certificate of registration of the vessel, he shall, within thirty days of the change of
address, intimate his new address to the registering authority by which the certificate of
registration was granted, or, if the new address is within the jurisdiction of another registering
authority, to that registering authority, and shall at the same time forward the certificate of
registration to the registering authority in order that the new address may be entered thereon.
(2) Where a registering authority other than the original registering authority makes any
such entry, it shall communicate the new address to the original registering authority.
19M. Prohibition against transfer of ownership of registered vessel.—(1) An inland
2
[mechanically propelled vessel] registered under this Act in one State shall not be transferred
to a person resident in another State in India or in any country outside India, without the
previous approval of the Government of the State in which the vessel is registered:
Provided that where an inland 2
[mechanically propelled vessel] is 3
[registered or deemed
to be registered under the Merchant Shipping Act, 1958 (44 of 1958)], this sub -section shall
have effect as if for the words “the Government of the State in which the vessel is registered”
the words “the Central Government” had been substituted.
(2) Subject to the provisions of sub-section (1), the owner of an inland 2
[mechanically
propelled vessel] registered under this Act and the transferee thereof shall, within thirty days
of the transfer of ownership of the said vessel to the transferee, jointly make a report of the
transfer to the registering authority within the local limits of whose jurisdiction the transferee
resides or carries on business and shall also forward the certificate of registration to that
registering authority, together with the prescribed fee, in order that particulars of the transfer
of ownership may be entered thereon.
19N. Suspension of certificates of registration.—(1) A registering authority may
suspend, for such period and subject to such conditions as it thinks fit, the certificate of
registration of an inland 2
[mechanically propelled vessel], if it has reason to believe that after
the granting of the certificate the vessel has become unfit to ply in inland waters.
(2) Where the registration of an inland 2
[mechanically propelled vessel] is suspended under
sub-section (1) for a period of not less than one month, the registering authority ordering the
suspension shall, if it is not the original registering authority, inform that other authority of the
fact of such suspension.
(3) The registering authority suspending the certificate may require the owner or master of
the vessel to deliver up the certificate so suspended to itself or, if it is not the original registering
authority, to that other authority.
1. Subs. by Act 35 of 1977, s. 11, for sub-sections (3) and (4) (w.e.f. 1-5-1978).
2. Subs. by s. 5, ibid., for “steam-vessel” (w.e.f. 1-5-1978).
3. Subs. by s. 12, ibid., for “also registered under the Merchant Shipping Act, 1894, as amended by any subsequent
enactment” (w.e.f. 1-5-1978).
15
(4) A certificate of registration surrendered under this section shall be returned to the
owner when the order suspending the certificate has been rescinded or has ceased to operate.
19-0. Cancellation of registration.—(1) If an inland 1
[mechanically propelled vessel] has
been destroyed or has been rendered permanently unfit for service, the owner of the vessel
shall, with the least practicable delay, report the fact to the registering authority of the place
where the vessel is registered and shall also forward to that authority, along with the report,
the certificate of registration of the vessel and thereupon the registering authority shall have
the certificate of registration cancelled.
(2) Any registering authority may at any time require that any inland l
[mechanically
propelled vessel] within the local limits of its jurisdiction may be inspected by such authority
as the State Government may, by general or special order, appoint in this behalf and, if as a
result of such inspection, the registering authority is satisfied that the vessel is in such a
condition that it is not fit to ply in any inland water, the registrering authority may, after giving
the owner of the vessel an opportunity of being heard, cancel the registration of the vessel and
require the owner thereof to surrender forthwith to the registering authority, the certificate of
registration in respect of that vessel, if it has not already been so surrendered.
19P. Appeals.—(1) Any person aggrieved by an order—
(a) refusing to register any inland 1
[mechanically propelled vessel] under section 19F;
or
(b) suspending a certificate of registration under section 19N; or
(c) cancelling a certificate of registration under sub-section (2) of section 19-0,
may, within thirty days of the date on which lie receives notice of such order, appeal against it to the
State Government.
(2) The State Government shall cause notice of every such appeal to be given to the
registering authority concerned in such manner as may be prescribed, and after giving an
opportunity to that authority and to the appellant to be heard shall pass such order thereon as it
thinks fit.
19Q. Reciprocity.—Where the Central Government is satisfied that by the law or practice
of any country outside India, inland 1
[mechanically propelled vessels] having a certificate of
registration in force under this Act—
(a) obtain by reason of such registration any special exemption in that country while plying in
the inland waters thereof, or
(b) arc required as a condition of plying in the inland waters of that country to comply
with any special requirement, whether by way of registration anew or payment of a f ee or
otherwise,
the Central Government may, by notification in the Official Gazette, for the purpose of
reciprocity, direct that the same exemption or requirement, or an exemption or a requirement
as similar thereto as may be, be granted to, or imposed upon, inland 1
[mechanically propelled
vessels] registered in that country while plying in the inland waters of the territories to which
this Act extends.
2
[19QA. Mortgage of mechanically propelled vessel or share.—The provisions of
sections 47, 48, 49, 50, 51, 52 and 53 of the Merchant Shipping Act, 1958 (44 of 1958),
shall mutatis mutandis apply, in relation to the mortgage of a mechanically propelled vessel
as they apply in relation to ships, subject to the following modifications, namely:—
(a) in sections 47, 48, 49, 50, 51, 52 and 53, references to “ship”, “registrar” and
“register book”, wherever they occur, shall, respectively, be construed as references to
“mechanically propelled vessel”, “registering authority” and “book of registration”;
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Ins. by s. 13, ibid. (w.e.f. 1-5-1978).
16
(b) in section 47, in sub-section (1), for the words “the registrar of the ship‟s port of
registry shall record it in the register book”, the words “the registering authority shall
record it in the book of registration” shall be substituted.]
19R. Power to make rules.—(1) The State Government may make rules to carry out the objects of
this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may—
(a) prescribe the powers, duties and functions of registering authorities and the local limits of
their jurisdiction;
(b) prescribe the form of, and the particulars to be contained in, applications for, and certificates
of, registration;
(c) provide for the form and manner in which books of registration shall be maintained under this
Chapter;
(d) provide for the issue of duplicate certificates of registration to replace certificates
lost, destroyed or mutilated;
(e) prescribe, subject to the approval of the Central Government, the fees to be
charged for the registration of inland 1
[mechanically propelled vessels] or for any other
action to be taken by the registering authority under this Chapter, and provide for the
exemption of any person or class of persons from payment of the whole or any part of
any such fees;
(f) prescribe the period within which, and the manner in which, the owner of an
inland 1
[mechanically propelled vessel] shall make a report of any alteration in the
vessel under section 19J;
2
[(fa) prescribe the authority and provide for furnishing to such authority the
information with respect to the inland mechanically propelled vessel and its registration
under sub-section (5) of section 19K;]
(g) prescribe the manner in which appeals to the State Government may be preferred
under this Chapter and the fees payable in respect of any such appeal;
1
[(ga) provide for the form of instrument creating a mortgage of a mechanically
propelled vessel or a share therein or transfer of any such mortgage;]
(h) provide for any other matter which is to be or may be prescribed under this
Chapter.]
3
[19S. Certain certificates issued under Merchant Shipping Act to be valid under this
Act.—Every certificate of registry and every certificate of survey issued in respect of a
mechanically propelled vessel under the Merchant Shipping Act, 1958 (44 of 1958), shall be valid
and effective as a certificate of registration or certificate of survey, as the case may be, issued
under this Act and the relevant provisions of this Act shall apply in relation to such vessel as they
apply to an inland mechanically propelled vessel registered under this Act.]