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.
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[(3) The Authority shall consist of the following members, namely:—
(a) a Chairman;
(b) a Vice-Chairman;
(c) not more than three full-time members; and
(d) not more than three part-time members,
to be appointed by the Central Government by notification in the Official Gazette.]
(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 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.—The term of office and other conditions of service of the
members shall be such as may be prescribed.
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[4A. Disqualifications for appointment as member.—A person shall be disqualified for being
appointed as a member, if he—
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the
Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a company owned or
controlled by the Government; or
(e) has, in the opinion of the Central Government, such financial or other interest in the Authority
as is likely to affect prejudicially the discharge by him of his functions as a member.]
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.
1. Subs. by Act 40 of 2001, s. 2, for sub-section (3) (w.e.f. 1-7-2003).
2. Ins. by s. 3, ibid. (w.e.f. 1-7-2003).
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[5A. Meetings.—(1) The Authority shall meet at such times and places and shall observe such rules
of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may
be provided by regulations.
(2) The Chairman or in his absence, the Vice-Chairman, or in the absence of both, such other member
as is chosen by the members present at the meeting of the Authority shall preside at the meeting.
(3) All questions which come up before any meeting of the Authority shall be decided by a majority
of votes of the members present and voting, and in the event of an equality of votes, the Chairman or in
his absence, the Vice-Chairman, or in the absence of both, the person presiding, shall have and exercise a
second or casting vote.]
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.—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.—(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.—(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.—In the discharge of its functions under this Act, the
Authority shall act, so far as may be, on business principles.