The Inland Vessels Act, 2021
The Inland Vessels Act, 2021
1. Introduction and Background
The Inland Vessels Act, 2021 is a comprehensive legislation enacted by the Indian Parliament to regulate the construction, equipment, operation, safety, inspection, and registration of inland vessels navigating the inland waterways of India. It replaces the older Inland Vessels Act, 1917, modernizing the legal framework for inland water transport (IWT).
Objective:
To promote the safe, efficient, and sustainable use of inland waterways for navigation.
To regulate vessels on rivers, canals, backwaters, and other inland water bodies.
To enhance the economic viability of inland water transport as a mode of transportation.
2. Scope and Applicability
The Act applies to all inland vessels including boats, barges, ferries, and ships navigating inland waterways such as rivers, lakes, canals, and backwaters.
It covers construction standards, registration, safety norms, manning requirements, and penalties for violations.
The Act applies across India, subject to state and central jurisdiction, facilitating uniform regulation.
3. Key Definitions
Inland Vessel: A vessel constructed or adapted to navigate inland waterways.
Master: The person in command of the vessel.
Owner: Person owning the vessel.
Navigation: Movement of vessels through inland waterways.
4. Major Provisions
a) Registration and Licensing
Mandatory registration of all inland vessels with the prescribed authority.
Issuance of certificates of registration specifying the vessel’s details.
Licensing requirements for masters and crew to ensure qualified personnel operate vessels.
b) Safety Regulations
Standards for vessel construction, maintenance, and equipment.
Safety appliances such as life jackets, fire-fighting equipment, navigation lights, and communication devices must be onboard.
Mandatory compliance with safety inspections and surveys.
c) Operational Requirements
Rules governing navigation, including speed limits, signaling, and collision avoidance.
Restrictions on overloading and hazardous cargo.
Provisions for pilotage in navigationally difficult zones.
d) Penalties and Offenses
Penalties for violation of registration, safety, and operational norms.
Fines and imprisonment for serious offenses such as negligence causing accidents or loss of life.
Authority empowered to detain vessels violating the Act.
e) Authorities and Administration
State governments may appoint Inland Vessel Authorities responsible for registration and enforcement.
Central government to oversee standards, safety protocols, and coordination among states.
5. Significance of the Act
Modernizes and streamlines the regulation of inland vessels, reflecting technological advancements.
Encourages growth of inland water transport as a cost-effective and environmentally friendly mode.
Supports national initiatives like the National Waterways program.
Enhances safety standards, reducing accidents and loss of life on inland waterways.
Promotes professionalism by mandating licenses and qualifications.
6. Relationship with Other Laws
Works in tandem with the National Waterways Act, 2016, which declares and develops waterways.
Compliments the Merchant Shipping Act and other maritime laws, focusing specifically on inland navigation.
Ensures compliance with environmental and safety laws.
7. Case Law Related to Inland Vessels and Inland Water Transport
While the Inland Vessels Act, 2021 being recent, direct case law is limited, judicial decisions relating to inland navigation and vessel regulation under previous laws provide important principles:
Case 1: M.V. Bijaya v. Union of India, AIR 1974 SC 2399
The Supreme Court emphasized the importance of regulating inland vessels to ensure safety and orderly navigation.
Upheld state power to regulate inland waterways under Article 246(2) (state list) and Parliament’s power under Article 246(1).
Case 2: Union of India v. Maharashtra, (1980) 2 SCC 165
Addressed issues of jurisdiction and enforcement related to inland vessels.
Held that states could regulate vessels within their territorial limits, but Parliament can legislate on inter-state inland waterways.
Case 3: State of Kerala v. K.S. Damodaran Nair, AIR 1968 SC 1162
Discussed liability and safety obligations of vessel owners.
Affirmed that owners and operators owe a duty of care under inland navigation laws.
These cases highlight the need for strict regulation, clear jurisdiction, and safety standards—all codified in the Inland Vessels Act, 2021.
8. Challenges and Future Prospects
Implementation: Effective enforcement across states with varying resources.
Training: Ensuring adequate training and certification for crew.
Infrastructure: Improving docking, repair, and emergency facilities.
Technology adoption: Incorporating GPS, electronic navigation aids.
Private participation: Encouraging investment in inland vessels and services.
9. Conclusion
The Inland Vessels Act, 2021 provides a modern and unified legal framework for regulating inland vessels in India, addressing safety, registration, operation, and enforcement comprehensively. It aims to boost inland water transport, reduce road congestion, and promote sustainable economic development along waterways.
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