25. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing
provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be
bound by such directions on questions of policy as the Central Government may give in writing to it from
time to time:
Provided that the Authority shall, as far as practicable, be given opportunity to express its views
before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
26. Compulsory acquisition of land for the Authority.—Any land required by the Authority for
discharging its functions under this Act shall be deemed to be needed for a public purpose and such land
1. Ins. by Act 40 of 2001, s. 6 (w.e.f. 1-7-2003).
10
may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or
of any other corresponding law for the time being in force.
27. Application, etc., of certain laws.—(1) The provisions of this Act shall be in addition to the
provisions of the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 (38 of 1963)
and in particular nothing in this Act shall affect any jurisdiction, functions, powers or duties required to
be exercised, performed or discharged by—
(a) the conservator of any port or by any officer or authority under the Indian Ports
Act, 1908 (15 of 1908), or
(b) the Board of Trustees for any major port or by any officer or authority under the Major Port
Trusts Act, 1963 (38 of 1963),
in or in relation to any portion of an inland waterway (including the national waterway) falling within the
limits of such port or major port.
(2) Nothing in this Act shall affect the operation of the Inland Vessels Act, 1917 (1 of 1917) or any
other Central Act (other than the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts
Act, 1963 [38 of 1963]) or any State or provincial Act in force immediately before the commencement of
this Act with respect to shipping and navigation on any national waterway 1
***.
28. Power to enter.—Subject to any rules made in this behalf, any person, generally or specially
authorised by the Authority in this behalf, may, whenever it in necessary so to do for any of the purposes
of this Act, at all reasonable times, enter upon any land or premises and—
(a) make any inspection, survey, measurement, valuation or inquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such level boundaries and lines by placing marks and cutting trenches; or
(f) do such other acts or things as may be prescribed:
Provided that no such person shall enter any building or any enclosed court or garden attached to a
dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier
at least twenty-four hours’ notice in writing of his intention to do so.
29. Delegation.—The Authority may, by general or special order in writing, delegate to the Chairman
or any other member or to any officer of the Authority, subject to such conditions and limitations, if any,
as may be specified in the order such of its powers and functions under this Act (except the powers under
section 35) as it may deem necessary.
30. Authentication of orders and other instruments of the Authority.—All orders and decisions
of the Authority shall be authenticated by the signature of the Chairman or any other member authorised
by the Authority in this behalf and all other instruments executed by the Authority shall be authenticated
by the signature of an officer of the Authority authorised by the Authority in this behalf.
31. Members, officers and employees of the Authority to be public servants.—All members,
officers and other employees of the Authority shall be deemed, when acting or purporting to act in
pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of
the Indian Penal Code (45 of 1860).
32. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings
shall lie against the Government or any officer of the Government or any member, officer or employee of
1. Certain words omitted by Act 8 of 1994, s. 3 (w.e.f. 7-1-1994).
11
the Authority for anything which is in good faith done or intended to be done under this Act or the rules
or regulations made thereunder.
(2) No suit or other legal proceedings shall lie against the Authority for any damage caused or likely
to be caused by anything in good faith done or purported to be done under this Act or the rules or
regulations, and in particular, it shall not be the responsibility of the Authority to provide for relief
measures necessitated by floods or by breaches and failures of works.
33. Power of Central Government to supersede the Authority.—(1) If, at any time, the Central
Government is of opinion—
(a) that on account of a grave emergency, the Authority is unable to discharge the functions and
duties imposed on it by or under the provisions of this Act; or
(b) that the Authority has persistently made default in complying with any direction issued by the
Central Government under this Act or in the discharge of the functions and duties imposed on it by or
under the provisions of this Act and as a result of which default the financial position of the Authority
or the administration of any national waterway has deteriorated; or
(c) that circumstances exist which render it necessary in the public interest so to do,
the Central Government may, by notification in the Official Gazette, supersede the Authority for such
period, not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in
clause (b), the Central Government shall give a reasonable opportunity to the Authority to show cause
why it should not be superseded and shall consider the explanations and objection, if any, of the
Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,—
(a) all the members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under the provisions of this Act, be
exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted
under sub-section (3), be exercised and discharged by such person or persons as the Central
Government may direct;
(c) all property owned or controlled by the Authority shall, until the Authority is reconstituted
under sub-section (3), vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under
sub-section (1), the Central Government may—
(a) extend the period of supersession for such further term, not exceeding six months, as it may
consider necessary; or
(b) reconstitute the Authority by fresh appointment and in such case any persons who vacated
their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:
Provided that the Central Government may, at any time before the expiration of the period of
supersession, whether as originally specified under sub-section (1) or as extended under this sub-section,
take action under clause (b) of this sub-section.
(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of
any action taken under this section and the circumstances leading to such action to be laid before such
House of Parliament at the earliest opportunity.
34. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the term of office and other conditions of service of the members of the Authority under
section 4;
12
(b) the powers and duties of the Chairman and Vice-Chairman under section 5;
(c) the matters with respect to the Advisory Committee referred to in sub-section (1) of section 9;
(d) the amount required to be prescribed under sub-section (4) of section 14;
(e) the form in which, and the time at which, the Authority shall prepare its budget under
section 20 and its annual report under section 22;
(f) the manner in which the Authority may invest its funds under section 21;
(g) the manner in which the accounts of the Authority shall be maintained and audited under
section 23;
(h) the conditions and restrictions with respect to exercise of the power to enter under section 28
and the matters referred to in clause (f) of that section; and
(i) any other matter which is to be, or may be, prescribed or in respect of which provision is to be,
or may be, made by rules.
35. Power to make regulations.—(1) The Authority may, with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations consistent with this Act and the
rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the manner in which and the purposes for which, the Authority may associate with itself any
person under sub-section (4) of section 3;
(b) the terms and conditions of service of the Secretary and other officers and employees of the
Authority under sub-section (2) of section 8;
(c) the contracts or class of contracts which are to be sealed with the common seal of the
Authority and the form and manner in which a contract may be made by the Authority;
(d) the manner in which, and the conditions subject to which, any functions in relation to the
matters referred to in sub-sections (1) and (2) of section 14 may be performed;
(e) the rule of the road on a national waterway;
(f) the safe, efficient and convenient use, management and control of the infrastructures and
infrastructural facilities;
(g) the reception, porterage, storage and removal of goods brought on a national waterway, and
the procedure to be followed for taking charge of goods which may have been damaged before
landing, or may be alleged to have been so damaged;
(h) regulating, declaring and defining the docks, wharfs, jetties, landing stages on which goods
shall be landed from vessels and shipped on board vessels;
(i) regulating the manner in which and the conditions under which the loading and unloading of
vessels on a national waterway shall be carried out; and
(j) the exclusion from a national waterway of disorderly or other undesirable persons and of
trespassers;
1
[(k) the terms and conditions for issue of bonds, debentures or other instruments;
(l) the time, place and the rules of procedure with regard to the transaction of business at its
meetings including the quorum under sub-section (1) of section 5A.]
(3) Any regulation made under any of the clauses (c) to (j) of sub-section (2) may provide that a
contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the
1. Ins. by Act 40 0f 2001, s. 7 (w.e.f. 1-7-2003).
13
case of a continuing contravention with an additional fine which may extend to twenty rupees for every
day during which such contravention continues after conviction for the first such contravention.
36. Rules and regulations to be laid before Parliament.—Every rule and every regulation made
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule or regulation.
37. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
38. Amendment of Act 49 of 1982.—In the National Waterway (Allahabad-Haldia Stretch of the
Ganga-Bhagirathi-Hooghly River) Act, 1982,—
(a) in section 3, for the words “Central Government”, the word “Union” shall be substituted, and
for the words “to the extent hereinafter provided”, the words and figures “to the extent provided in the
Inland Waterways Authority of India Act, 1985” shall be substituted;
(b) sections 4 to 15 shall be omitted.