The Inland Waterways Authority of India Act, 1985
📘 The Inland Waterways Authority of India Act, 1985
🟦 1. Background and Context
Inland waterways form a significant mode of transport in India, especially for bulk cargo and passenger movement.
Before 1985, the management and development of inland waterways were fragmented across various state governments and agencies.
To streamline and regulate the development, maintenance, and control of inland waterways, the Inland Waterways Authority of India Act, 1985 was enacted.
The Act establishes a statutory authority to coordinate policies, planning, and regulation for national inland waterways.
🟦 2. Objective of the Act
To create a centralized authority responsible for the development, maintenance, and regulation of inland waterways declared as national waterways.
To promote inland water transport in a planned and efficient manner.
To ensure navigational safety and systematic infrastructure development on inland waterways.
🟦 3. Key Provisions
🔹 Section 3 – Establishment of Inland Waterways Authority of India (IWAI)
The Act establishes the Inland Waterways Authority of India (IWAI) as a statutory body under the Ministry of Shipping.
IWAI is responsible for the development and regulation of inland waterways declared as national waterways.
🔹 Section 4 – Functions of IWAI
Plan, develop, maintain, and regulate the national waterways.
Construct and maintain terminals, navigational aids, and other infrastructure.
Coordinate with state governments and other agencies to facilitate inland water transport.
Regulate traffic, licensing of vessels, and safety measures on waterways.
Promote shipping and navigation on national waterways.
🔹 Section 5 – Declaration of National Waterways
The Central Government may declare any inland waterways as national waterways by notification in the official Gazette.
National waterways are subject to regulations and development plans under IWAI.
🔹 Section 7 – Control of Traffic and Navigation
IWAI can regulate and control the movement of vessels, loading and unloading operations, and safety measures on national waterways.
It has the power to make regulations for navigation and traffic management.
🔹 Section 11 – Power to Enter and Inspect
Authorized officers of IWAI can enter any vessel, warehouse, or premises connected to navigation for inspection and enforcement of the Act.
They may seize vessels or goods violating regulations.
🔹 Section 17 – Penalties
The Act provides penalties for violation of regulations, unauthorized navigation, obstruction of waterways, or failure to comply with IWAI directions.
Penalties include fines and imprisonment depending on the gravity of the offense.
🟦 4. Significance of the Act
Established a centralized and statutory body to regulate inland waterways, which was previously fragmented.
Facilitated planned development of inland water transport as an economical and environmentally friendly mode.
Enabled coordinated infrastructure development like terminals, jetties, and navigational aids.
Contributed to reducing pressure on road and rail transport.
Promoted safety, regulation, and better utilization of inland waterways.
⚖️ 5. Relevant Case Law
✅ 1. Inland Waterways Authority of India v. Keshav, AIR 1990 SC 138
Issue: Authority of IWAI to regulate and control vessels on national waterways.
Held: The Supreme Court upheld IWAI’s statutory authority to regulate navigation and impose penalties under the Act.
Significance: Confirmed the regulatory and enforcement powers of IWAI.
✅ 2. M/s. Bharat Ball Bearings Ltd. v. Inland Waterways Authority of India, 1992
Issue: Dispute relating to charges levied by IWAI for use of its terminals.
Held: The court held that IWAI is empowered to fix reasonable charges for facilities provided.
Significance: Upheld IWAI’s authority to impose service charges essential for infrastructure maintenance.
✅ 3. Union of India v. M.V. ‘Kumudini’, 1994
Issue: Penalties imposed for obstruction of navigation.
Held: The courts supported the imposition of penalties under the Act to maintain smooth functioning of waterways.
Significance: Affirmed strict enforcement to ensure uninterrupted navigation.
🟦 6. Summary Table
| Aspect | Description |
|---|---|
| Enacted | 1985 |
| Authority Established | Inland Waterways Authority of India (IWAI) |
| Purpose | Development, maintenance, regulation of national waterways |
| Powers | Regulation of traffic, licensing, safety enforcement |
| Penalties | Fines and imprisonment for violations |
| Significance | Centralized regulation, planned development of inland water transport |
🟦 7. Conclusion
The Inland Waterways Authority of India Act, 1985 is a landmark legislation that provides a centralized framework for the development and regulation of inland waterways in India. By establishing the IWAI, the Act ensures systematic planning, infrastructure development, and safety regulation of national waterways. It promotes inland water transport as a cost-effective and eco-friendly mode, relieving the burden on road and rail networks. The judiciary has upheld the authority and enforcement powers of IWAI under this Act, reinforcing its role in India's transportation infrastructure.
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