44A. Raising of or removal of wreck impeding navigation, etc .—(1) If any mechanically
propelled vessel or other vessel is wrecked, stranded or sunk in any inland water is or is likely
to become obstruction, impediment or danger to the safe and convenient navigation or use of
inland water or the landing place or embarkment or part thereof, any officer empowered by the
State Government by notification in the Official Gazette in this behalf (hereafter in this
Chapter referred to as competent officer) shall cause the vessel to be raised, removed, blown up
or otherwise destroyed as the circumstances may warrant.
(2) If any property recovered by a competent officer acting under sub-section (1) is
unclaimed or the person claiming it fails to pay reasonable expenses incurred by the
competent officer under that sub-section and a further sum of twenty-five per cent. of the
amount of such expenses, the competent officer may sell the property by public auction, if the
property is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time
not less than two months after the recovery thereof.
(3) The expenses and further sum aforesaid shall be payable to the competent officer out
of the sale proceeds of the property, and the balance shall be paid to the person entitled to the
property recovered, or, if no such person appears and claims the balance, shall be held in
deposit for payment, without interest, to the person thereafter establishing his right thereto:
Provided that the person makes his claim within three years from the date of the sale.
(4) Where the sale proceeds of the property arc not sufficient to meet the expenses and
further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded
or sunk shall be liable to pay the deficiency to the competent officer on demand, and if t he
deficiency be not paid within one month of such demand, the competent officer may recover
the deficiency from such owner as if it were an arrear of land revenue.
44B. Removal of obstruction in inland water.—(1) The competent officer may remove,
or cause to be removed, any timber, raft or other thing, floating or being in any part of the
inland water, which, in his opinion, obstructs or impedes the free navigation thereof or the
lawful use of any landing place or embarkment or part thereof.
(2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable
expenses of the removal thereof, and if such owner or any other person has without lawful
excuse caused any such obstruction or impediment, or causes any public nuisance affecti ng or
likely to affect such free navigation or lawful use, he shall also be punishable -with fine,
which may extend to one hundred rupees.
(3) The competent officer or any magistrate having jurisdiction over the offence may cause any such
nuisance to be abated.
44C. Recovery of expenses of removal.—If the owner of any such timber, raft or other
thing, or the person who has caused any such obstruction, impediment or public nuisance,
neglects to pay the reasonable expenses incurred in the removal thereof, within one week after
demand or within fourteen days after such removal has been notified in the Official Gazette or
in such other manner as the State Government may, by general or special order direct, the
competent officer may cause such timber, raft or other thing or the materials of any public
nuisance so removed, or so much thereof as may be necessary, to be sold by public auction and
may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall
pay the surplus of such proceeds or deliver so much of the thing or materials as may remain
unsold, to the person entitled to receive the same and if no such person appears, shall cause the
1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).
24
same to be kept and‟ deposited in such manner as the State Government directs, and may, if
necessary, from time :
to time, realise the expenses- of keeping the same, „together with the
expenses .of sale, or further sale of so much -
of the thing or materials as may‟ remain unsold.
44D. Removal of lawful obstruction.—(1) If any obstruction or impediment to the
navigation of any inland water has been lawfully made or has become lawful by reason of the
long continuance of such obstruction or impediment or otherwise, the competent officer shall
report the same for the information of the State Government and shall, with the sanction of the
State Government, cause the same to be removed or altered, making reasonable compensation
to the person suffering damage by such removal or alteration.
(2) Any dispute arising out of or concerning such compensation shall be determined
according to the law relating to like disputes in the case of land required for public purposes.
44E. Fouling of Government moorings.—(1) If any mechanically propelled vessel hooks
or gets fouled in any of the buoys or moorings laid down by or by the authority of the State
Government in any part of inland water, the master of such vessel shall not, nor shall any
other person, except in the case of emergency, lift the buoy or mooring for the purpose of
unhooking or getting clear from the same without the assistance of the competent officer.
(2) The competent officer immediately on receiving information of such accident, shall
assist and superintend the clearing of such vessel and the master of the vessel shall, on
demand, pay such reasonable expenses as may be incurred in clearing the same.
(3) Any master or other person offending against the provisions of this section shall,
for every such offence, be punishable with fine which may extend to one hundred rupees.]