Act Description : INLAND WATER WAYS AUTHORITY OF INDIA ACT, 1985
Act Details :-
INLAND WATER WAYS AUTHORITY OF INDIA ACT, 1985
82 of 1985
30th December, 1985
Several committees set up by the Government of India have recommended declaration of important navigable waterways as national waterways and acceleration of their development for promotion of inland water transport in view of its low cost and for securing certain other advantages such as energy efficiency, generation of employment among weaker sections of community and less pollution. 2. The National Transportation Policy Committee has observed that the exising set up of Inland Water Transport Directorate in the Ministry of Shipping and Transport is not geared to undertake and discharge the responsibility for porper development of National Waterways as this is merely an advisory body without any powers to allocate funds for development schemes and their execution. To overcome this difficulty the committee recommended setting up of an independent authority for the development, maintenance and regulation of National Waterways. It is, therefore, proposed to set up an Inland Waterways Authority of India which would be an independent authority for the development, maintenance and regulation of National Waterways for shipping and navigation and also to organise studies and investigation on waterways under consideration for declaration as national waterways. 3. The Bill seeks to achieve the above objects. -Gaz. of Ind., 28-8-1985. Pt. II. S. 2, Ext.. p. 14 (No. 53).
An Act to provide for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental. thereto. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called The Inland Waterways Authority of India Act, 1985
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "appurtenant land" means all lands appurtenant to a national waterway, whether demarcated or not;
(b) "Authority" means the Inland Waterways Authority of India constituted undersection 3-;
(c) "channel" means any waterway, whether natural or artificial;
(d) "conservancy" includes dredging, training, closure, diversion or abandoning channels;
(e) "conservancy measures" means measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restricting banks which have become eroded mainly on account of reasons not connected with shipping and navigation;
(f) "infrastructure" includes structures such as docks, wharves, jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression "infrastructural facilities" shall be construed accordingly;
(g) "member" means a member of the Authority appointed under subsection (3) of section 3-;
(h) "national waterway" means the inland waterway declared by section 2 of the National Waterway (Allahabad-Haldiai Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982, to be a national waterway.
(i) "navigable channel" means a channel navigable during the whole or a part of the year;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "regulations" means regulations made by the Authority under this Act; and
(l) "rules" means rules made by the Central Government under this Act.
SECTION 03: 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 purpose 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.
zza"(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.
SECTION 04: CONDITIONS OF SERVICE OF MEMBERS
The term of office and other conditions of service of the members shall be such as may be prescribed.
SECTION 04A: DISQUALIFICATIONS FOR APPOINTMENT AS MEMBER
zzbA 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.".
SECTION 05: 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.
SECTION 05A: MEETINGS
zzc
(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.".
SECTION 06: 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 reappointment as a member or in any capacity under the Authority.
SECTION 07: 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.
SECTION 08: 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.
SECTION 09: 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.
SECTION 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.
SECTION 11: TRANSFER OF ASSETS AND LIABILITIES OF THE CENTRAL GOVERNMENT TO THE AUTHORITY
-(1) As from such day as the Central Government may appoint by notification in the Official Gazette,-
(a) all properties and other assets vested in the Central Government for the
purposes of Inland Water Transport Directorate, and administered by the Chief
Engineer-cum- Administrator, Inland Water transport Directorate, immediately before such day shall vest in the Authority;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Central Government immediately before such day for or in connection with the
purpose of Inland Water Transport Directorate shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority.
(c) all non-recurring expenditure incurred by the Central Government for or in connection with the purposes of Inland Water Transport Directorate up to such day and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be determined by the Central
Government, be treated as capital provided by the Central Government to the Authority:-
(d) all sums of money due to the Central Government in relation to Inland
Water Transport Directorate immediately before such day shall be deemed to be due to the Authority;
(e) all suits and other legal proceedings with respect to any matter in relation to Inland Water Transport Directorate which having been instituted by or against the Central Government are pending, or which could have been so instituted, immediately before such date shall on and after such date be continued or instituted by or against the Authority; and
(f) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with such affairs of the Inland Water Transport Directorate as are relevant to the functions of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respect remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Authority had not been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the Authority
his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service.
(2) If any dispute or doubt arises as to which of the properties, rights or liabilities of the Central Government have been transferred to the Authority or as to which of the employees serving under the Central Government are to be treated as on deputation with the Authority, under this section, such dispute or doubt shall be decided by the Central Government in consultation with the Authority and the decision of the Central Government thereon shall be final.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947or in any other law for the time being in force, the absorption of any employee by the Authority in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any Court, tribunal or other authority.
SECTION 12: CONTRACTS BY THE AUTHORITY
-Subject to the provisions of section 13-, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.
SECTION 13: MODE OF EXECUTING CONTRACTS ON BEHALF OF THE AUTHORITY
(1) Every contract shall, on behalf of the Authority, be made by the Chairman or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority: Provided that no contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for aterm exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Central Government.
(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be prescribed by regulations.
(3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding on the Authority.
SECTION 14: FUNCTIONS OF THE AUTHORITY
- (1) The Authority may-
(a) carry out surveys and investigations for the development, maintenance and better utilisation of the national waterways and the appurtenant land for shipping and navigation and prepare schemes in this behalf;
(b) provide or permit setting up of infrastructural facilities for national waterways;
(c) carry out conservancy measures and training works and do all other acts necessary for the safety and convenience of shipping and navigation and improvement of the national waterways;
(d) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterways and appurtenant land, in so far as they may affect safe and efficient, shipping and navigation, maintenance of navigable channels, river training and conservancy measures;
(e) remove or alter any obstruction or impediment in the national waterways and the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration;
(f) Provide for the regulation of navigation and traffic (including the rule of the road) on national waterways;
(g) regulate the construction or alteration of structures on across or under the national waterways;
(h) disseminate navigational meteorological information about national waterways;
(i) ensure co-ordination of inland water transport on national waterways with other modes of transport; and
(j) establish and maintain pilotage on national waterways.
zzd(k) enter into joint ventures concerning inland shipping by way of equity participation.
(2) The Authority may also-
(a) advise the Central Government on matters relating to inland water transport;
(b) study the transport requirement with a view to coordinating inland water transport with other modes of transport;
(c) carry out hydrographic surveys and publish river charts;
(d) assist, on such terms and conditions as may be mutually agreed upon, any State Government in formulation and implementation of scheme for inland water transport development;
(e) develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed upon, in India and abroad in relation to planning and development of waterways for shipping and navigation or any facility thereat;
(f) conduct research in matters relating to inland water transport including development of craft design mechanisation of country crafts, technique of towage, landing and terminal facilities, port installations and survey techniques;
(g) lay down standards for classification of inland waterways;
(h) arrange programme of technical training for inland water transport personnel within and outside the country; and
(i) perform such other functions as may be necessary to carry out the provisions of this Act.
(3) Any dispute arising out of or concerning the compensation referred to in clause (e) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes.
(4) Every scheme, prepared by the Authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the amount as may be prescribed, shall be submitted to the Central Government for approval.
(5) The Central Government may either approve the scheme submitted to it under sub-section (4) without modification or with such modifications as it may consider necessary or reject the scheme with directions to the Authority to prepare a fresh scheme according to such directions.
SECTION 15: AMENDMENT OF SCHEMES
The Authority shall not make any material change in the scheme approved under sub-section (5) of section 14-without the prior approval of the Central Government.
SECTION 16: POWER TO FIX MAXIMUM AND MINIMUM RATES FOR PASSENGER FARES AND FREIGHT FOR GOODS
[Omitted by Inland Waterways Authority of India (Amendment) Act (8 of 1994), S. 2 (7-1-1994)].
SECTION 17: LEVY AND COLLECTION OF FEES AND CHARGES
(1) The Authority may, with the previous approval of the Central Government, levy fees and charges at such rates as may be laid down by regulations made in this behalf for services or benefits rendered in relation to the use of the national waterways for the purposes of shipping, navigation, infrastructural facilities, including facilities for passengers and facilities relating to the berthing of vessels, handling of cargoes and storage of cargoes.
(2) The fees and charges levied under sub-section (1) shall be collected in such manner as may be determined by regulations.
SECTION 18: GRANTS AND LOANS BY THE CENTRAL GOVERNMENT
The Central Government may, after due appropriation made by Parliament by law in this behalf make to the Authority grants and loans of such sums of money as that Government may consider necessary.
SECTION 18A: BORROWING POWERS OF THE AUTHORITY
zzeThe Authority may, in such manner and subject to such terms and conditions as may be determined by regulations, borrow money from any source by the issue of bonds, debentures or other instruments as it may think fit for discharge of all or any of its functions under the Act.".
SECTION 19: CONSTITUTION OF THE FUND
(1) There shall be constituted a Fund to be called the Inland Waterways Authority of India Fund and there shall be credited thereto-
(a) any grants and loans made to the Authority by the Central Government under Section 18-;
(b) all fees and charges received by the Authority under this Act; and
(c) all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be applied for meeting-
(a) salary, allowances and other remuneration of the members, officers and other employees of the Authority;
(b) expenses of the Authority in the discharge of its functions under section 14-; and
(c) expenses on objects and for purposes authorised by this Act,
SECTION 20: BUDGET
The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Central Government.
SECTION 21: INVESTMENT OF FUNDS
The Authority may invest its funds (including any reserve fund) in the securities of the Central Government or in such other manner as may be prescribed.
SECTION 22: ANNUAL REPORT
The Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.
SECTION 23: ACCOUNTS AND AUDIT
The accounts of the Authority shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed and the Authority shall furnish to the Central Government, before such date as may be prescribed, its audited copy of accounts together with the auditors' report thereon.
SECTION 24: ANNUAL REPORT AND AUDITORS' REPORT TO BE LAID BEFORE PARLIAMENT
The Central Government shall cause the annual report and auditors' report to be laid, as soon as may be after they are received before each House of Parliament.
SECTION 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.
SECTION 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 may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894or of any other corresponding law for the time being in force.
SECTION 27: APPLICATION, ETC., OF CERTAIN LAWS
- (1) The provisions of this Act shall be in addition to the provisions of the Indian Ports Act, 1908andthe Major Port Trusts Act, 1963and 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, or
(b) the Board of Trustees for any major port or by any officer or authority under the Major Port Trusts Act, 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, 1917or any other Central Act (other than the Indian Ports Act. 1908andthe Major Port Trusts Act, 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 waterway2[x x x].
SECTION 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 is 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.
SECTION 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.
SECTION 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.
SECTION 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-
SECTION 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 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.
SECTION 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 objections, 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 subsection.
(4) The Central Government shall cause a notification issued under subsection (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest opportunity.
SECTION 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 the office and other conditions of service of the members of the Authority under section 4-;
(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 subsection (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.
SECTION 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 or 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 vessles;
(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.
8[(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 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.
SECTION 36: RULES AND REGULATIONS TO BE LAID BELORE 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 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.
SECTION 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.
SECTION 38: AMENDMENT OF ACT 49 OF 1982
- Inthe National Waterway Allahabad-Haldia Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982,-
(a) insection 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-to15-shall be omitted.
INLAND WATERWAYS AUTHORITY OF INDIA RULES, 1986
RULE 1 SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Inland Waterways Authority of India Rules, 1986.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 2 DEFINITIONS
-In these rules, unless the context otherwise requires,-
(i) "Act" means the Inland Waterways Authority of India Act, 1985 (82 of 1985) ;
(ii) "Advisory Committee" means an Advisory Committee constituted under Section 9-of the Act;
(iii) "annual report" means the annual report referred to in Section 22-of the Act;
(iv) "Audit Officer" means the Comptroller and Auditor General of India and includes any person appointed by him in connection with the audit of accounts of the Authority ;
(v) "Authority" means the Inland Waterways Authority of India constituted under Section 3-of the Act;
(vi) "Budget" means the estimate of receipts and expenditure of the Authority for a financial year ;
(vii) "Chairman" means the Chairman of the Authority;
(viii) "Fund" means the Inland Waterways Authority of India Fund, constituted under Section 19-of the Act;
(ix) "member" means a member of the Authority;
(x) "scheme" means a scheme referred to in Section 14-of the Act;
(xi) "Vice-Chairman" means the Vice-Chairman of the Authority ; and
(xii) "Regulation" means the Regulations made by the Authority under Section 35-of the Act.
RULE 3 TERM OF OFFICE
(1) A member appointed by the Central Government under sub-section (3) of section 3-of the Act, shall hold office for a period of three years or such period, not exceeding three years, as may be determined by the Central Government, having regard to the circumstances of each case.
(2) The term of office of a member shall be computed from the date he assumes office.
RULE 4 RESIGNATION
(1) A member may resign his office by a letter addressed to the Chairman.
(2) The office of the member shall fall vacant from the date on which the resignation of such member is accepted by the Central Government.
(3) The Chairman shall communicate the acceptance of the resignation of the member to the Authority at its next meeting.
RULE 5 SALARY
(1) Unless specified otherwise at the time of appointment, the salary and allowances payable to the Chairman, Vice-Chairman and a member shall be:-
(i) Chairman: As applicable to the officers of the Central Government of the rank of Additional Secretary to the Government of India.
(ii) Vice-Chairman: As applicable to the officers of the Central Government of the rank of Joint Secretary to the Government of India.
(iii) Full time Member: As applicable to the officers of the Central Government of the rank of the Joint Secretary to the Government of India.
(2) In case any member is in receipt of any superannuation pension at the time of his appointment, the pay of such member shall be reduced by the amount he receives in the form of pension including pension equivalent of gratuity.
(3) The salary of a member shall not be varied to his disadvantage during the period he holds the office as a member.
RULE 6 RESIDENTIAL ACCOMMODATION
Chairman, Vice-Chairman and every Full time member shall be entitled to an unfurnished accommodation on deduction of 10 per cent of the salary subject to the ceiling on the monthly rental for such accommodation to be regulated in accordance with the rules for the time being in force for allotment of residence or to draw such house rent allowance as is admissible to the highest category of officers of the Authority.
RULE 7 FREE USE OF CAR
The use of the car of the Authority by the Chairman, Vice-Chairman, and every other member, for private purposes shall be regulated in accordance with the rules or orders for the time being in force for use of car by officers of the Central Government of and above the rank of Joint Secretary.
RULE 8 TRAVELLING ALLOWANCE, JOINING TIME AND JOINING TIME PAY
The Chairman, Vice-Chairman and every full time member shall be entitled to such travelling allowance, joining time and joining time pay while proceeding to join duty on their initial appointment and on reversion therefrom as are admissible to the highest category of officers in the whole- time employment of the Authority in accordance with the regulations applicable in that behalf: Provided that in the absence of any such regulations made by the Authority in that behalf, the travelling allowance, joining rime and joining time pay shall be regulated in accordance with the rules or orders made by the Central Government for regulation of travelling allowance, joining time and joining time pay in respect of officers of the Central Government of and above the rank of Joint Secretary.
RULE 9 TRAVELLING AND DAILY ALLOWANCE FOR JOURNEYS ON TOUR
-The Chairman, Vice-Chairman and every other member shall be entitled to draw such travelling allowance and daily allowance as is admissible to the highest category of officers in the whole time employment of the Authority in accordance with the regulations applicable in that behalf of the Authority : Provided that until such time regulations are made by the Authority in that behalf, the travelling and daily allowance for journeys on toil shall be regulated in accordance with the rules or orders made by the Central Government for regulation of travelling by officers of the Central Government of the rank of and above Joint Secretary.
RULE 10 OTHER FACILITIES AND CONDITIONS OF SERVICES
-Other allowances and conditions of service of the Chairman, Vice-Chairman and the other full time members shall be such as may be determined by the Central Government at the time of their appointment : Provided that as respects any matter which is not so specifically deter- mined by the Central Government, the regulations applicable in that behalf to the highest category of the officers in the wholetime employment of the Authority shall apply to the Chairman/Vice-Chairman and every other full time member.
RULE 11 POWERS AND DUTIES OF THE CHAIRMAN
(1) In addition to presiding over the meetings of the Authority and discharging the powers delegated to him by the Authority, the Chairman shall, as the Chief executive of the Authority, be entrusted, subject to any regulations made under Section 35-, with the overall responsibility of carrying out the purposes of the Act.
(2) The Chairman shall :-
(i). attend every meeting of the Authority unless prevented by sickness or other reasonable cause ;
(ii) report to the Authority about the significant events and developments in respect of the affairs of the Authority;
(iii) be responsible to the Central Government as regards the functioning and performance of the Authority ;
(iv) transmit, as soon as possible, to the Central Government a copy of the minutes of every meeting of the Authority ;
(v) submit by first week of every month a report to the Central Government on the activities and performance of the Authority during the preceding month and submit reports on such matters as may be directed by the Central Government from time to time;
(vi) carry out all directions of the Central Government in connection with the affairs of the Authority given in writing ;
(vii) discharge such specific duties or assignments in respect of any matters connected with the affairs of the Authority as the Central Government may consider fit to entrust to him;
(viii) carry out or cause to be carried out all directions, decisions and orders of the Authority;
(ix) exercise supervision and control over the acts of all employees of the Authority in matters of executive administration and in matters concerning the accounts and records of the Authority.
RULE 12 POWERS AND DUTIES OF THE VICE-CHAIRMAN
(1) The Vice- Chairman shall, subject to any regulations made under Section 35-, exercise the powers of granting extension of service to, granting leave to, suspending, reducing, compulsorily retiring, removing of any other question relating to the services of any officer or employee of the Authority, including the power of dispensing with the services of any such officer or employee otherwise than by reason of the misconduct of such employee.
(2) The Vice-Chairman shall :-
(i) assist the Chairman in the discharge of his functions ;
(ii) attend every meeting of the Authority unless prevented by sickness or other reasonable cause;
(iii) exercise the powers and perform the duties of the Chairman subject to any such conditions and restrictions as may be specified by the Central Government if the Chairman is, by infirmity, or otherwise, rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his office.
RULE 13: FREQUENCY OF MEETINGS
(1) A meeting of the Authority, other than a special meeting referred to in Rule 14-, shall be held at least once in every month.
(2) The Chairman shall, from time to time, determine the date and time of its meetings.
(3) A meeting of the Authority shall be held at the Headquarters of the Authority or such other place as may be decided by the Authority in consultation with the Central Government.
RULE 14 CALLING OF SPECIAL MEETINGS
-The Chairman or in his absence the Vice-Chairman, may, wherever he thinks fit, and shall upon the written request of not less than two members, call a special meeting of the Authority.
RULE 15 NOTICE OF MEETINGS
(1) A meeting of the Authority, other than a special meeting referred to in Rule 6-, shall be called by giving each member not less than seven clear days notice in writing, and each member shall be furnished a list of business to be disposed in that meeting.
(2) A special meeting shall be called by giving each member not less than three clear days' notice in writing.
RULE 16 QUORUM
(1) The quorum for meeting of the Authority other than special meeting, shall be at least three members.
(2) Four members present shall be the quorum for special meetings of the Authority.
(3) If within half an hour from the time appointed for holding a meeting of the Authority, quorum is not present, the meeting shall be adjourned to the same day in the following week at the same time and place and the presiding officer of such meeting shall inform the members present and send notice to other members.
(4) If at the adjourned meeting, also) quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be the quorum.
RULE 17 PRESIDING AT MEETINGS
The Chairman or in his absence the Vice-Chairman shall preside at every meeting of the Authority and if both the Chairman and the Vice-Chairman are not present, the members present shall elect one of the in members to preside over the meeting.
RULE 18 DISCUSSION ON ITEMS NOT INCLUDED IN THE AGENDA
-The pre- siding officer at a meeting may at his discretion include for discussion any item not included in the agenda, if the same is, in his opinion, of sufficient importance or urgency and cannot be held over for consideration at any subsequent meeting.
RULE 19 MINUTES OF THE MEETING
(1) Minutes of the proceedings at each meeting of the Authority shall be recorded in a book to be provided by the Authority for this purpose, which shall be signed as soon as pracitable by the presiding officer of such meeting and shall be open to inspection by any member during office hours.
(2) Minutes of the proceedings, excepting such portion thereof, as the Chairman or, in his absence the Vice-Chairman, may direct in any particular case, shall also be open to the inspection of the public at the Headquarters of the Authority during office hours ;
(3) The names of the members present at each meeting shall be recorded in the minutes book;
(4} A member present at any meeting of the Authority shall sign his name in a book or register to be provided by the Authority for the purpose.
RULE 20 ADJOURNMENT OF MEETING
(1) The presiding officer of a meeting may adjourn it to a later date, which date shall be announced at the meeting and where an announcement to that effect is not made, the presiding officer shall give seven clear days' notice to all the members;
(2) No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
RULE 21 PROCEDURE FOR TRANSACTION OF BUSINESS OF ADVISORY COM- MITTEES
(1) The quorum for a meeting of Advisory Committee shall be not less than one half of the total number of members of the Advisory Committee;
(2) Subject to sub-rule (1), the meetings of any of the Advisory Committee shall, as far as may be, governed by the rules applicable to the meetings of the Authority specified in Chapter (IV).
RULE 22 TERM OF OFFICE OF MEMBERS
(1) A member of an Advisory Committee shall hold office for such period as may be determined by the Authority with the previous approval of the Central Government and shall be eligible for re-appointment;
(2) A member of an Advisory Committee may resign his office by a letter under his hand addressed to the Chairman;
(3) A member of an Advisory Committee shall be deemed to have vacated his office :-
(a) if he fails to attend three consecutive meetings of the Advisory Committee;
(b) if he becomes an insolvent; or
(c) if he is convicted of any offence which, in the opinion of the Central Government involves moral turpitude.
(4) The Authority may remove from Advisory Committee, any member who in its opinion:-
(a) refuses to act;
(b) is incapable to act ;
(c) has so abused his office as to render his continuance in office detrimental to public interest;
(d) is otherwise unsuitable to continue as a member.
RULE 23 ALLOWANCES
-Every non-official member of the Advisory Committee shall be entitled to allowance of rupees fifty for attendance of each meeting: Provided that the aggregate amount of allowance payable to any member of the Advisory Committee for attendance of the meetings of the Advisory Committee during a calendar month shall not exceed rupees five hundred.
RULE 24 TRAVELLING ALLOWANCES
-Every outstation non-official member of the Advisory Committee attending any meeting of the Advisory Committee shall be entitled :-
(a) to receive, in addition to the allowance payable under Rule 18-, travelling allowance at. the rates applicable to the highest category of officers in the wholetime employment of the Authority;
(b) to receive daily allowance at the rate applicable to the highest category of officers in the wholetime employment of the Authority for the period of journey performed to and from the place of meetings of the Advisory Committee and the place of his residence.
RULE 25 AMOUNT FOR CAPITAL EXPENDITURE
-The amount for the purposes of sub-section (4) of section 14-of the Act shall be two crores of rupees.
RULE 26 PREPARATION AND SUBMISSION OF BUDGET
(1) The budget estimates of the Authority for every financial year shall be prepared by the Chairman or such employee of the Authority as may be authorised by him in this behalf, in Forms A-1 to A-5 annexed to these rules sufficiently in advance of the date specified in sub-rule (4).
(2) A copy of the budget estimates so prepared shall be sent to each member at least fourteen days before the meeting of the Authority at which such estimates are to be considered.
(3) The Authority shall consider and sanction the budget estimates with such changes as it thinks fit at the meeting fixed for the purpose or at any other meeting to which the consideration of the budget estimates is adjourned.
(4) The budget estimates sanctioned by the Authority shall be forwarded to the Central Government by the fifteenth day of October of the financial year preceding the financial year to which the budget estimates relate: Provided that the Central Government may, at the request of the Authority, fix such later date, but not beyond the 31st day of October, as the Government thinks fit.
RULE 27 SUPPLEMENTARY BUDGET
The Authority shall, where necessary, also forward to the Central Government to supplementary budget in respect of the financial year to which it relates, in Forms A-l to A-5 annexed to these rules before such date as may be specified by Government.
RULE 28 ACCOUNTS OF AUTHORITY
-The accounts of the Authority, including initial accounts of stores) shall be maintained in such form as may be specified by Government from time to time in consultation with the Comptroller and Auditor General of India.
RULE 29 PREPARATION AND SUBMISSION OF ANNUAL REPORT AND ANNUAL ACCOUNT
(1) The Chairman shall prepare, as soon as may be after the commencement of each financial year:-
(a) the annual report referred to in Section 22-of the Act; and
(b) the annual statement of accounts referred to in Section 23-of the Act which shall include the profit and loss account and balance sheet and such other subsidiary accounts as the Central Government may, in consultation with the Comptroller and Auditor General of India, direct.
(2) The annual report referred to in sub-rule (1) shall, inter alia include account of the activities of the Authority during the previous financial year on the following matters, namely :-
(i) a statement of corporate and operational goals and objectives of the Authority;
(ii) annual targets in physical and financial terms set for various activities in
the background of (1) above together with a brief review of the actual performance with reference to those targets;
(iii) an administrative report on the activities of the Authority during the year just past and the current year and an account of the activities which are likely to be taken up during the next financial year;
(iv) a summary of the actual financial results during the previous year and year of report, as indicated by way of statements of (a) income and expenditure, (b) source and application of funds and (c) cash flow;
(v) important changes in policy and specific measures either taken or proposed to be taken, which have influenced or are likely to influence the profitability or functioning of the Authority;
(vi) new projects or expansion schemes contemplated together with their advantages, financial implications and programmes for execution;
(vii) important changes in the organisational set up of the Authority;
(viii) report on employer-employee relations and welfare activities of the Authority; and
(ix) report on such other miscellaneous subjects as deemed fit by the Authority or the Central Government for reporting to the latter.
(3) The annual report referred to in sub-rule (1) shall be placed for adoption in the meeting of the Authority and shall be signed by the members and authenticated by affixing the common seal of the Authority and one hundred copies thereof shall be submitted to the Central Government by the end of October of the following year.
(4) The audit officer shall audit and report on the annual accounts of the Authority by the end of August of the following year and certify whether in his opinion the balance sheet and profit and loss account contain all particulars and are properly drawn up so as to exhibit a true and fair state of affairs of the Authority and in case he has called for any information from the Authority or any of its officers, whether it has been given and whether it is satisfactory.
(5) The annual accounts signed by the members and authenticated affixing the common seal of the Authority after adoption by the Authority at its meeting together with the Auditor's certificate and report thereon shall be submitted to Government by end of October of the following year to which the accounts relate.
RULE 30 COST OF ANDIT
The Authority shall arrange to pay to the Comptroller and Auditor General of India the expenditure incurred by him in connection with the annual audit of its account, within three months from the date on which any demand therefor is made by him.
RULE 31 MANNER OF INVESTMENT OF FUND
All money standing at the credit of the Fund which cannot immediately be applied for the purposes specified in sub-section (2) of section 19-of the Act shall be deposited in the State Bank of India) any Scheduled bank specified in the First Schedule to be Banking Companies (Acquisition and Transfer of Undertakings) Act,1970 (5 of 1970)-or theBanking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980)-
RULE 32 RESERVE FUND
(1) In respect of every loan raised by the Authority, not being a loan repayable before the expiration of one year from the date of the loan, the Authority shall set apart a sum half yearly, out of its income in a reserve fund, sufficient to liquidate the loan within a period which shall not in any case exceed thirty years: Provided that a reserve fund need not, in the absence of any stipulation to that effect, be established in the case of loans taken by the Authority from the Central Government or any State Government.
(2) The sums set apart by the Authority under sub-rule (1) shall be invested in securities of the Central Government or in such other securities as the Central Government may approve in this behalf, and shall be held in trust for the purposes of the Act by the Authority.
(3) The Authority may apply the whole or any part of the sums accumulated in any reserve fund in or towards the discharge of the loan liabilities for the repayment of which the fund has been established: Provided that Authority pays into the fund each year, and accumulates until the whole of the money borrowed is discharged, a sum equivalent to the interest which would have been produced by the reserve fund, or the part of the reserve fund, so applied.
(4) A reserve fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the Central Government in this behalf, and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the Fund are actually equal to the amount which would have accumulated had investments been regularly made and rate of interest as originally estimated obtained thereon.
(5) The Authority shall pay forth with into the reserve fond any amount which the person appointed under sub-rule (4) to conduct the annual examination of the Fund may certify to be deficient unless the Central Government specifically sanctions a gradual readjustment.
(6) If the cash and current market value of the securities at the credit of a reserve fund are in excess of the amount which should be at its credit, the person appointed under sub-rule (4) shall certify the amount of this excess and the Authority may, with the previous sanction of the Central Government reduce or discontinue the hair-yearly contributions to the reserve fund.
RULE 33 MODE OF SERVICE OF NOTICE
(1) Before entering upon any land or premises under Section 28-of the Act) the authorised person shall serve on the owner of the land or premises intended to be entered upon, notice in Form B annexed to these rules.
(2) The notice may be served by delivering or tendering a copy of such notice to the person for whom it is intended to or to any adult member of his family or to agent or servant or by sending it by registered post acknowledgement duly addressed to that person at his usual or last known place of residence or business.
(3) Where the serving officer delivers or tenders the copy of the notice under sub-rule (2), he shall require the signature of the person to whom the copy is delivered or tendered to an acknowledgement of service endorsed on original.
(4) Where the person or the adult member of the family or servant of such person refuses to sign the acknowledgement, or where the serving officer, after using all the due and reasonable diligence, cannot find such person and there is no adult member of the family or servant of such person, the serving officer shall affix a copy of notice on the outer door or some other conspicuous part of the ordinary residence or usual place of business of such person and then shall return the original to the competent authority who served the notice, with a report endorsed thereon or annexed thereto staling that he has had to affix a copy, the circumstances under which he did so and the name and address of the person, if any, by whom the usual or last known place of residence or business, as the case may be, was identified and in whose presence the copy was affixed.
