 the inla~ steam-vessels (amendment) bill, 1977 eio baas introduced in lok sabha 71 page~, line 29,-~ "(tii)" read "(lil)" 2 page 3,-for lines 2 and 3, -read ii (ii) after sub-section (2), the following ---- sub-section shall be inserted, namely:-" 3 page 4, in the marginal heading to clause 13,-after "insert ion" insert "of" 4 page 4, line 10,-for "prope lid" ~ "prope lled" 5 page 7, in the marginal heading to section 44c ,-~~ "reco\i1ry" insert "of" 6 page 8, lines 31 and 32,-for "grammer" read "grammar" --7 page 17, line 21,-8 i2! ·steam-vessels" ~ "steam-vessel" page 20, line 4,-for "stem-vessels" read "steam-vessels" -9 page 22, in the marginal heading to section 25,-m ·certicates" ~ "certificates" , 10 page 21; line 17,-~ n steam-vassels" read "steam-vessels· -11 g,orrect line numbers on pages 14 and 15 new delhi, ju la 19 1977 asa ha 28, 1899 (saka)  bill no 11 of 1977 the inland steam-vessels (amendment) bill, 1977 a billfurther to amend the inland steam-vessels act, 1917 be it enacted by parliament in the twenty-eighth year of the republic of india as fqilows:-1 (1) this act may be called the inland steam-vessels (amendment) short act, 1977 title and commencement s (2) it shall come into force on such date as the central govemment may, by notification in the official gazette, appoint and difterent dates may be appointed for different provisions of this act 1 of 1917 z in the inland steam-vessels act, 1917· (hereinatter referred to as the principal act), in the long title, for the words "inland steam-vessels", 10 the words "inlaru;l vessels" shall be substituted lunendment of long tiue 3 in the preamble to the principal act, for the words "inland steamvessels", the words "inland vessels" shall be substituted amendment of preamble 4 in section 1 of the principal act, in sub-section "(1), for the words "inland steam-vessels", the words "inland vessels" shall be substituted is 5 throughout the principal act, except in the long title, preamble and section i, for the words "steam-vessel" and "steam-vessels", wherever they occur, the words "mechanically propelled vessel" and "mechanically propelled vessels" shall, respectively, be substituted amendment of section 1 substitution of references to steamvessel by mechanicliuy propelled vessel t section 2 of the principal act shall be renumbered as sub-section (1) thereof, and-amendment of section 2 (i) in sub-section (1) as so renumbered-(a) for clause (1), the following clause shall be substituted, s namely:-'(a) "inland vessel" or "inland mechanically propelled vessel means a mechanically propelled vessel which ordinarily plies on any inland water;'; (b) clause (2) shall be lettered i1s clause (b); (c) after clause (b) as so lettel'ed, the following clause shall 10 be inserted, namely:-i (e) "mechanically propelled vessel" means every description of vessel propelled wholly or in part by electricity, steam or other mechanical powerj'; (d) 'clauses (3) and (4) shau be lettered as clauses (d) and is (e) respectively; (e) clause (5) shall be omitted; (f) clauses (6), (7) and (8) shall be lettered as clauses (1) 'i; (g) and (h) respectivelyj , (ii) after sub-section (1) as so renumbered, the following sui 20 section shall be inserted, namely: -1 "(2) any reference to the inland steam-vessels act, 1917, in' 10f 1917, any law for the time being in force or in any instrument or other document shall be construed as a reference to the inland v~ssels act, 1917" 25 7 in section 7 of the principal act,-amendment of section 7 (i) in item (iii), the word ~'and" occuring at the end shall be omitted; (ii) after item (tii) , ,the following item shall be inserted, name-~:-30 "(iiia) the nature and quantum of cargo whi~h themechanically propelled vessel is, in the judgment of the surveyor, fit to carry; and" amendment of section 19& 8 in section 19e of the principal act, in sub-section (2), for the words 7 of 1913 and figures "registered under the indian companies act, 1913", the 35 words and figures "within the meaning of section 3 of the companies act 1 of 1956 1956" shall be substituted  'section 19g of the principal act shall be omitted 10 in section 19 i of the principal act,-(i) in sub-section (2)-' 40 omission ot' section 19g amend· mentof section )9 t (a) for the words "inland waters of more than one state", the words "inland waters of any other state" 3hall be substituted; (b) the proviso shall be omitted; (ii) after item (iii), the following item shall be inserted, name';' serted, namely:-"(3) when an inland mechanically propelled vessel registered in one state has been kept in another state for a period exceeding twelve months, the owner or master of the vessel shall make an application under section 19k to the registering authority, within whose jurisdiction the vessel then is, for the transfer 01 registry' from the regjgtering authority of the place where the vessel ii 10 registered" 11 in section 19k of the principal act,-amend· ment of section 19k (i) in sub-section (1), for the words "the registering autho'ity of theplaee where the vessel is registered", the words "the registering authority of the state in which the vessel is kept" shall be substituted;  15 (ii) in sub-section -(2), for the words "the registering authority of the intended place of registry with a copy of au particulars relating to the vessel", the words "the registering authority of the place where the vessel is registered" shall be substituted; 20 (iii) for sub-sections (3) and (4), the following sub-sections shall be substituted, namely:-"(3) the certificate of registration in respect of the vessel shall be delivered up to the registering' authority of the intended place of registry along with the application as (4) on receipt of the application under sub-section (1) and the prescribed fee, if u1y, the registering authority 0£ the intended place of registry shall enter in its register book all the particulars relating to the vessel and grant a fresh certificate of registration, in respect of the vessel and thenceforth such vessel shall be considered as registered at the new place of registry 35 (5) a state government may make rules under section 19r requij;'ing the owner or master of an inland mechanically propelled vessel not registered within the state which is bro~ght into or is, for the time being in the state, to furnish to a,prescribed authority in the· state such information with respect· to the inland mechani~ cally propelled vessel and its registration as may be pre~cribed" amend~ ,m,nt, of ~tctlon ~um 12 in section 19m of the principal act, in sub-section (1), in the proviso, ,fo~ the words and figures "also registered under the merchant ship-5? and 68 ping, act, i'894, as amen,ded by any subsequ~nt enactment", the words and v1ct, c 80 40 ftgures "registered or deemed to be registered under the merchant shipom of li58 ping act, 1958" shall be substituted insertion i:i after section 19q of the principal act, the following section lihall new hebe inserted, namely:-tion after bection 19q •• of 1915 s mortgge 01 mecha· nicall, propelled venel :ir share; 'i9qa the provisions of sections 47, 48, 49, 50, 51,· 52 and 53 of the merchant shipping act, 1958, shall mutatis mutandis apply, in relation to the mortgage of a mechanically propelled veq,1el as they apply in relation to ships, subject to the following modifications, namely:-(a) in sections 47, 48 49, 50 51, 52 and 53, references to "ship", "registrar" and "register book", wherever they occur, shall, respectively, be construed as references to "mechanically propelld vessel", "registering authority" and "book of registration"; 10 (b) in section 47, in sub-section (1), for the words "the registrar of the ship's port of registry shall record it in the register book", the words "the registering authority shall record it in the book of registration" shall be substituted' 14 in section 19r of the principal act! in sub-section (2) ,-is amendment of section 19b (a) after clause <1), the following clause shall be inserted, namely:-"(ja) prescribe the authority and provide for furnishing to such authority the information with respect to the inland mechanically propelled vessel and its registration under sub-section (5) ~o of section 19k;"; (b) after clause (g), the following clause shall be inserted, namely:-"(ga) provide for the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer 2s of any liuch mortgage;" 15 after section 19r of the principal act, the following section shall be inserted, namely:-insertion of new section ilrt'er section 19r "198 every certificate of registry and every certiftcate of survey issued in respect of a mechanically propelled vessel under the 30 merchant shipping act, 1958, shall be valid and effective as a certift-'" of 1958 cate of registration and certificate of survey, as the case may be, issued under this act and the relevant provisions of this act shall apply in relation to such vessel as they apply to an inland mechanically propelled vessel registered under this act" 35 certain certi1lcates iasued under merchant shipping act to be valid under this act amendment of section :22 16 in section 22 of the principal act, in sub-section (1), for the words and figures "before the first day of april, 1890", the words and ftgures "for a period of three years before the first day of november, 1956" shall be substituted 40 amend-iuilt of jflctiod 22a 7 of 1884-41 of 1958 i1fa seetion 22a of the principal act, in sub-section (1), in clause (b), for u words and figures "certificate granted under the indian steamships &t, 1884", the words and figures "certificate granted or deemed to be grated uncier the merchant shipping act, 1958" shall be substituted  ii in seetion 25 of the principal act,-asdeau:lmet of ectiod 25 1 of 1859 57&58 viet, e eo 44 of 1958 10 (i) in clause (4), for the words and figures "certificate granted under the indian merchant shipping act, 1859, or granted under, or continued in force by, the merchant shipping act, 1894", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shsll be substituted; 7 of 1884 57&58 viet, e eo 44 of 1958 (ii) in clause ('b), for the words a'nd figures "or the indian steam-ships act, 1884, or granted under, or continued in force' by, the merchant shipping act, 1894", the words and figures "or granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted is 7 of 1884 amend ment of h:ction 28 19 in section 26 of the principal act, in clause (b), for the words and figures "certificate granted under the indian steam-ships act, 1884", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted 44 of 1958  20 in section 28 of the principal act,- 20amendment of section 28 10f 1859 57&58 v1ct, e go 44 of 1958 (i) in clause (4), for the words and figures "certificate granted under the indian merchant shipping act, 1859, or granted under, or continued in force by, the merchant shipping act, 1894", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted; 2s 7 of 1884 57&58 viet, c 60 44 of 1958 (ii) in clause (b), for the words and figures "certificate granted under the indian steam-ships act, 1884, or an engineer's certificate granted under, or continued in force by, the merchant shipping act, 1894", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted 30 amendment of section 33 21 in sub-seel'lon (1) of section 33 of the principal act, for the portion beginning with the words "if a, formal investigation" and ending with the words "the state government may", the following shall be substituted, namely:-35 "whenever the state government is satisfied that it is necessary or expedient to have a formal investigation into the facts of any case reported under section 32 01' otherwise brought to its notice, the state government may" z2 after chapter iv of the principal act, the following chapter shall be iliserted, namely:- lraeruon of mw chaptu iva  "chapter iva removal of obstructions and similar hazards in navigation44a (1) if any mechanically propelled vessel or other vessel is s wtecked, stranded or sunk in any llland watec is or is:likely,to become obstruction, impediment or danger to the safe and convenient ~, ot 'oj' red\o  al ot' wreck imped~ ing navigation, etc n~vigation or use of inland wa,ter or the landing place or embarkment or part thereof, any officer empowered by the state government by notification in the official gazette in this behalf (h~reinafter' in this 10 chapter referred to as competent officer) shall cause the vessel to be raised, removed, blown up or otherwise destroyed as the circumstances may warrant (2) if any property recovered by a competent officer acting under' sub-section (1) is unclaimed or the person claiming it fails to pay is reason_ble expenses incurred by the competent officer under that subsection and a further sum of twenty-five per cent of the amount of such expenses, the competent officer may sell the property by public auction, if the property is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time not less than two months 20 after the recovery thereof (3) the expenses and further sum aforesaid shall be payable to the competent officer out of the sale proceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, if no such person appears and claims the balance, shall 2s be held in deposit for payment, without interest, to the peno'n thereafter establishing his right thereto: provided that the person makes his claim within three yesrs from thedate of the sale  (4) where the sale proceeds of the property are dot suftlcient to 30, meet the expenses and further' sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the competent officer on demand, and if the deficiency be not paid within one month of such demand, the competent officer may recover the deficiency from such owner as if it were 3s an arrear of land revenue rellloval of obstruction inidland wa~er 4413 (1) the competent oftlcer may remqve, or, cause to be removed, any timber', raft or other thing, fioating or being in any part of the inland water, which, in his opipion, obstructs or impedes the 40 free ,navigation thereof or the lawful use of any land1ng:place or embarkment or part thereof r (2) 1'he owner of any such timber, raft or other things~al1 be liable to pay the reasonable expenses of the removal thereof, and if such owner' or any other person has without lawful excuse caused 4s any such obstruction or impediment, or  cause  any public nuisance affeotmg or' likely to effect luch, free navigation or ·lawful use, he shall also be 'punishable with fine wbichmay extend to one hundred  rupees (3) the competent officer or any magistrate having jurisdiction over the offence may cause any such nuisance to be abated recovery expenae& of remo val s 10 is 20 44c if the owner of any such timber', raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance, 'neglects to pay tbe reasonsble expenses incurred in the removal thereof, within one week after demand or within fourteen days after such removal has been notified in the official gl;tzette or in such other manner as the state government may, by general ot' special order, direct the competent officer may cause such timber, raft or other thing or the ma1'erials of any public nuisance, so removed, or so much thereof as may be necessary, to be sold by public auction and may retain all' the expenses of such removal 'and sate out of the 'proceeds of the sale, and shall pay thesui'plus of snchproceeds or deliver so much of the thing or materials as may remain' un~ld, to the person entitled 1'0 receive the same nnd if no such person appears, shall cause the same to be kept and deposited in such manner as the state government directs, and may, if necessary, from time'to time, realise the expenses of keeping the same, togethet'wit'h tlu,{expenses of sale, or further sale of so much of the thing or materials as may remain unsold removai of lawful obstruc tion 52 44d (1) if any obstruction or impediment to the navigation of any inland water has beenlawftilly made or has become lawful by reason of the long continuance of such obstruction or impediment or otherwise, the competent officer sh111 report the !lame foj" the information of the state government and shall, with the sanction of the state government, cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration (2) any dispute arisin~ out of or conrernin[! such compen~ation 30 shall be determined accort:hn~ to the law relatin~ to like disputes in the cac;e of land required for public purposes fouling -otgovernment moortnp 44e (1) if any mechanically propelled vessel hook, or arts fouled in any of the buoys or mooringc;laid down by or hv the 1'luthority of the state government in any part of inland water, the mast'er of such 35 vessel shall not, 'nor shall any other person, €'xcept in the case of emergency,lift the buoy ot' moorin~ for the purpose orunhookine; or getting clear from the !lame without the assisttmee of the- competent officer (2) the competent officer immediatelv on receivinrt il'lformatinn 40 of such accident, shall assist and superintend the clearfnrt of such vessel and the master of the vessel shall on demand, pay such re,· sonable expenses as may be incurred in dearing the same (3) any master or other person offending altainst the provisions of this section shall, for every such ('"enee be punishable with fine 45 which may extend 'to one hundred rupees" 23 tn section 45 of the principal act, after clause (b), the fonowing clausc'sllnllbe inserted; namely:-amendment of sectlon 43 "(bb) if the holder of such certificate is proved to have derert,d his vessel or has absented himself, without l~ave and without sufficient 50 reason, from his vessel or from his duty; or" amendment of section 53 24 in section 53 of the principal act, in sub-section (5), for the words and figures "section 59 of the code of criminal procedure, 1898", the 5 of 1898 words and figures "section 43 of the code of criminal procedure, 1973" 2 of 1974 shall be substituted 25 in section 54a of the principal act,-s amendment of section ft4a (i) in sub-section (1), in clauses (a), (b) and (c), for the words "per mile", the words "per kilometre" shall be substituted; (it) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) in case of any dispute relating to the fixation of the 10 maximum or the minimum rate per kilometre which may be charged in respect of any class of passengers or of freight on goods of any description carried in inland mechanically propelled vessel between any stations lying in two states, anyone of the states ma~ report the matter to the central government who is shall decide the same" 28 after chapter vi of the princ-ipal act, the following chapter shall be inserted, namely:-insertion of new chapter via  "chapter via insurance of mechanically propelled vessels against third party risks 20me the provisions of chapter viii of the motor vehicles act, 1939, shall mutatis mutandis apply, in relation to the insurance of 4 of 1939 mechanically propelled vessels al;{ainst third party risks as they apply in relation to motor vehicles, subject to the following modifications namely:-25 (a) throughout in chapter viii,-(i) references to "motor vehicle" or "vehicle" shall be construed as references to "mechanically propelled vessel"; (ii) references to "public place" shall be construed as references to "inland water", 30 application of chapter viii of the motor vehicles act, 1939, in relation to the insurance ofmeehanically propelled vessels and such other consequential amendments as the rules of grammer may require shall also be made; (b) in section 94,-(i) in sub-section (3), for clause (e), the following clause shall be substituted, namely:-35 ii (e) any state water transport undertakin/it providing inland water transport service, where such undertaking is carried on by-(i) the central government or a state government; 40 (ti) any local authority or any corporation or· company owned by the central government or one or more state governments or by the central government and one or more state governments:"; (ii) in the e3:planation, in item (iii), for the words iistate transport", the words "state water transport" shall be substituted; (c) in section 95,-(i) in bub-section (j),-10 (a) in clause (b), in sub-clause (ii), for the words "of a publi;c service vehicle", the words and brackets "of a mechanically propelled vessel used or adapted to be used for the carriage of passengers for hire or reward (hereinafter referred to as a public service vessel)" mall be substituted, (8) in the proviso, in c14use (i), for su5-ciausei (b) and (c), the following sub-clauses shall be substi  tuted, namely:-is "(b) if it is a public service vessel, engaged as a conductor of the vessel or in examining tickets on the vessel, or (e) if it is a vessel used or adapted for the carriage of goods solely or in addition to passenger (hereinafter referred to as goods service vessel) , being carried in the vessel, or"; (it) in sub-s~tion (2) ,-(a) in clause (a), for the words "goods vehicle, a limit of fifty thousand rupees", the words "goods service vessel, a limit of two lakhs and fifty thousand rupees;' hall be substituted, (8) in clause (b),-(1) in sub-clause (i), for the words "flft)' thousand rupees", the words "two lakhs and fifty thous81l'd rupees" shall be substituted; (2) in 8ub-clause (it) ,-(a) in paragraph (3), for the words "one lakh··, the words "five lakhs" shall be substituted; 35 (b) in paragraph (4), the words uwhere the  vehicle is a motor cab, and five thousand rupees for each individual passenger in any other case" shall be omitted; (e) in clause (d), for the words~'a limit of rupees two thousand", the words "a limit of_ thousand rupees" shall be substituted; (') in section :96,-(i) in sub-section (2), in clause (b)  (a) for sub~lause (i) the following sub-clause ahall be substituted, namely:-"(i) a condition e:xcludiftg the use of the, mechanically propelled vessel-(u) for hire or reward where the vessel it on the date of the contract of insurance, a vessel not covered bya certificate of registration, or 10 (b) for organised racine or speed testing; or (c) for a purpo~e not 'allowed by :the certificate of registtation litlder which the vessel is used, where the vessel is a public ser- is vice vessel or a goods service vessel, or"; (b) in sub-<:laule (ii)-(1) for the wolrds "not 'duly licensed" the worda and fiaures "not holdine a cer,tiftcate granted uncler chltpter xii of the inland vessels act, 1917" shall 20 101191'7 be substituted, (z) for the wdrd's " driving licence", the words and figures "a certificate granted under chapter iii of the 'inland vessels act, 1917" shall 1 of 181'7 'be substituted; 25 (ii) in sub-section (2a) ,after the 'words "obtained from a court", the words "in the state of jammu and kashmir or" shall be 'inserted; (iii) ,in the proviso to subsection (2a) and in sub· 'section (6), after the words "corresponding law", the words 30 "of the state of jammu and kashmir or" shall be inserted; (e) after section 105, the following section shall be inserted, namely:-"105a 'when any persor is injured or any property of third 'patty is damaged as a result of an accident in which 3' an inland mechanically propelled vessel is involved, the master or the driver of the vessel or other person in charge of the' vessel shall-duty of drlverin case of liccldent and injury to_ penon (4) take all reasonable steps to secure medical attention for the injured person, and, if necessary, con- 40 vf!y him to the neatest hospital, unless the injured ~!<soiil' or his guardian in eaae he "is ' a minor desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present report the circumstances of the occurrence at the nearest police station as soon as possible, and in any case within twenty~foul' hours of the occurrenc"j s (f) in section 106,-(a) in sub-section (2), for the word and figures "section 89", the word, figures and letter ''section l'05a" shall be substituted; [0 (8) in sub-section (2a) , in the proviso, for the words "transport vehicle", the words "public service vessel or goods aervice vessel" shall be substituted; (g) in section 107, for the words "whether by payment of a tax or otherwise for authority to use the vehicle in a public place is to produce such evidence ~ s may be pre::;ci'ibed by those rules to the effect that either", th~ words "for a certificate of surveyor a certificate of registration in respeet of such vessel to produce iluch evidence as may be prescribed to the effect that either" shall 'he substituted; 20 (h) in section 108,-(a) for the words "transport vehi£le",wberever they occur, the words "public service vessel or goods service veuel" shall be substituted, and such other consequential ,jmendments as the rules of grammar may require shall also 25 'be ,made; (b) in sub-section (1), in clause () ,-(1) for the words "twenty-five thousand rupees for the first ftfty vehicles", ,the words uoae lakh rupees for the ftrst ftfty mechanically propelled vessels" shall be substituted, (2) for the words "one hundred and, fifty thousand rupees", the words utwo lakhs and ftfty thou~and rupees" shall be substituted; (i) for section 110 to section 110b, the following secttons ,shall" -respectively, be substituted, namely:-35 clailnl tribunais - "110 (1) the state government may, by notification in the omcial gazette, constitute one or more inland vessels t"'"(!idents claims tribunals (hereinafter referred to as the claims tribunals) for such area as may be specifted in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out o~ the use of mechanically propelled vessels or damage to any property of a third party so arising, or both: \ provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees ten thousand the claimant may, at his option, refer the claim to a civil court for adjudication and where a reference is so made, the claims tribunal shall have no jurisdic- s tion to entertain any question relating to such claim \j (2) a claims tribunal shall 'consist 01 such number of xnembers as the state government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the chairman thereof 10 (3) a person shall not be qualified for appointment as a member of a claims tribunal unless he-(a) is, or has been, a judge of a high court, or (b) is, or has been, a district judge, or (c) is qualified for appointment as a judge of the is high court (4) where two or more claims tribunals are constituted for any area, the state government may, ,by general or special order, regulate the distribution of business among them boa (1) an application for compensation arising out of 20 an accident of the mture specified in sub-sectio"n (1) of section ·110 may be made-appuca~ tion fot' compen satlon «(i) by the person who has sustained the injury, or (b) whee c1eath has resulted from the accident, by all or any of the legal representatives of the deceased, or 25 (c) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided that where all the legal representatives of the deceased have not joined in any such application for com- 30 pensation, the application shall be! made on· behalf of or for the benefit of all the legal represeniatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application (2) every application under subsection (1) shall be 35 made to the claims tribunal having jurisdiction over the area in which the! accident occurred, and shall be in such form and shall contain su~h particulars as may be prescribt'd (3) no application for compensation under this section shall be entertained unless it is made within six months of 40 the occurrence of the accident: provided that the claims tribunal may entertain the application after the expiry of the "said period of six months if it is satisfied that the applicant was prevented by sum~ent cau$e from making the -pplication m tilll~: -1011923 s lloaa notwithstanding anything contained in the workmen's compensation act, 1923, whare the death or bodily 1njury to any person gives rise to a ~aim for compensation under this act and also under the workmen's compensation act, 1923, the person entitled to compensation may claim such compensation under either of those acts but not under ,·both option regarding claim for compensation in c~" cases "i 10 is llob on receipt of an application for compensation made under section lloa, the claims tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid; and in making the award the claims trihunal shall specify the amount which shall be paid by the insurer ot ' owner or il'luteror ·driver of the vessel involved in the accident or by all or any of them as the case may b!"; i of 1898 20f 19'14 (;) in section 1hlc, for the words, figures and letters llsection 195 and chapter xxxv of the code of crimindi procedure, 1898", the words, figures and letter "section 195 and chapter xxvi of the code of criminal procedure, 1973" shall be substituted" m in section 58 of the principal act, for the words clten rupees", the words "olle hundred rupees" shall be substituted am~d­ment at, section 68 z8 after section 58 of the principal act, the following section shall be as inserted, jwl1ely:-insertion of new section 58a 30 penauy· for earryin, excessive quantity 01 carlo on boai'd "58a if an inlan i mechanically propelled vessel has on board or in any part thereof cargo which is in excess of the cargo set forth in the certificate of survey as the quantity of cargo which the vessel or the part thereof is, in the judgment of the surveyor, fit to carry, the owner and the master shaa, each, in addition to the penalty to which he may be liable under the provisions of section 58, be punishable with fine which may extend-(a) in the case of first offence, to five hundred rupel!s; 3s , (b) in the case of any second or subsequent offence, to one tboluland rupees" • after section 62 of the principal act, the following sections shall be inserted, na"l'lely:-insertion of new sections after section 112 "62a if the master or the driver or other person ineharge of the inland mechanically propelled vessel fails to report· an accident in which hi1'l vessel is involved as required under chapter via, he shall be punishable with imprisonment for a term which may extend to ulree  months, or with fme whicb may e~tend 'tq five hundred punishment for offences relating to accident  flwees, or with both, or, if having been previously convicted of an oftence under this section, he is again eonvicted of an offence under 45 tkis seetion, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both~ 62b if any person uses a mechanically propelled vessel or causes or allows a mechanically propelled vessel to be used without a policy of insurance complying with the requirements of chapter via, he shall bepunishllble with fine which may extedd to one thousand rupees , pen for usln, uainiuredmec:banlcally propelled vellet 62c if any person without reasonable cause neglects or refuses to give information as to insurance or to produce the certificate of insurance under thf! provisions contained in chapter via, he shall be plfllishable with fine which, may 'extend to one hundred rupees" penalty for neelect or refusal t live information  to inburance or to produee cert&-ftcate of insurance 30 section 63a of the prjncipal act shall be renumbered· as· eeetion ro ti3d and before section 63d as so renumbered, the following sections shall be inserted, namely:-in~ of new aect10d1 after sec:ticlftg ··63a if any perllon employed or engaged in any cl[lpacity on board a mechanically propelled vessel commits any of the fo11o,,",inl offences, he shall be lia hie to be punished summarily as followa:-15 deaertion and absence without leave (a) if he deserts from his mechanically propelled vessel, he shall be guilty of thp offence of desertion and be liable to forfeit all or any of the property he leaves on board of the vessel and of wages he has thpn earned and also to imprisonment which may extend to three months; zo (b) if he neglects· or refuses, without reasonable cause, to join his mechanically propelled vessel or to proceed on any voyage in his vessel or is absent without leave at any time within twenty-four hours of the vessel sailing from a port or ghat either at the commencement or during the progress of a voyage ·or is 25 absent at any time without leave and without sufficient 'reason ( from his vessel or from his duty, he shall, if offence does ·not amount to desettiol1 nr is not treated as such by the malllter, be quilty of the offence of absence without leave and be liable tc) 3b forfeit out of his wages a sum not exceedmg two 'clays 'pay and in addition for every twenty-four hours of absence either a sum not exceeding six days payor any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months 63b if any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the followiagoftences he shall be guilty of an 'offence against discipline and he shall be liable to be punished summarily as follows:-general offences against discipline s (4) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghat or port or ghat oil delivery, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay; 10 (b) if he is guilty of wilful disobedience to any lawful command or neglect of duty, he shall be liable to forfeit out of his wltges a sum not exceeding two days pay; is (c) if he is guilty of continued wilfuldisobedienc9 to lawful command or continued wilful neilect of duty, he shall be liable to imprisonment which may extend to one month and also to forfeit over every twenty-four hours continuance of disobedience or neglect either a sum not exceeding six days payor any expenses properly incurred in hirini a substitute; 20 (d·) if- ,he bssaultsthe master or any other officer of the vessel, he shall be liable to imprisonment for a tenn which· may extend to three months or with fine which may extend to five hundred rupees, or with both; 25 (e) if he combines with any of the officers to disobey to lawful commands orta neglect duty or to impede the navigation of the vessel or retard the progress of the voyage, he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both; (t) iif he wilfully ,damages his mechanicallypropelled vessel or; commits ,eriminal,miaappropriaiion or breach of trust in respect of or wilful damages to any of her stores or  cargo, he hall be liable to forfeit out of his wages a sum equal to the los8 sustained and also imprisonment which may extend to threcmonths 3s s3c if any offence within the meaning of this act of desertion or absence without leave or against discipline is committed or if any act of misconduct is committed for which the offender's agreement imposes fine and it is intended to enfdrce the fine-entry of offence in oftlclal logbook (4) an entry of the offence ,or acts shall be made in the ·official log book and signed by the  master and one oltbe person employed or 'engaged in any capacity on baud of the mechanically propelled vessel; (0) the offender shall ·be furmsbedwith acopy of the entry ami have the same read over distincrtly and 811cti'bjy'to him and may thereupon 'make sueh reply:thereto as :berthlnklt ,ftt; (c) a statement of a copy of the etttry havinjf been so furnished and entry having been so read over 'bnd the repty, ;f any, made by the offender shall likewise be entered and signed tn the manner aforesaid; (d) in any subsequent legal proc'eedings the entries by this section required shall,' if practicable, b~ produced or proved, and; in default of such production or proof, the court hearing the case ~ may in its discretion refuse to receive evidence of the offenee or act of misconduct" n for section 69 of the principal act, the following section shall be m1bstltuted, namely:; substitution of new section for section 69 "69 'the state gov,ernment may, by notification in the ofttcial to gazette, exempt all or any mechanically propelled vessel belonging to or in the service of governmen1 from payment of any fees payable by or under this act" exemption to government vessels from fees 32 in section 72a of the principal act,-(i) for the words "of a province in pakistan", the words "of i' amendment ot section 72a ~ladesh" shall be substituted; (ii) for the words "that dominion", the words "that country" shall be substistuted ,33 section 73 of the principal act shall be omitted omission ot section 78 amendment of sectiob 74 34 in section 74 of the principal act,-20 (i) in sub-section (1), for the words "on a state government", the words "on the central government or it state goverlll'dent" shall be substituted; (it) after sub~section (2), the following sub-section, shall be in--ted, n"mely:-2, ;  "(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it jgin session, for a toud '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 sassiod 30 immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the· rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 'that any such 35 modification or annulment s11a11 be without prejudice to the validity of anythil'\i previously done ~nder that rule"  statement of object~ ani) reason~with t1ae~g~ of time, operation of power vessels in u\~, ~n\~ waters of the country has undergone considerable ch~nge with th~'res~lt that the provisions contained in the indian steam-vessels' act, ltn', are not found to be adequate effectively to regulate the operation of the inland vessels a committee was set up by the government of india under the chairmanship of shri b bhagavati, member of parliament to consider the problems relating to the development of inland water transport and to suggest phased programme for development of this mode of transport recommendations for the amendment of the act were made by the committee certain other legislative changes are also considered necessary in the light of practical experience the amendments proposed in the bill are intended to make the legislation more effective and useful in regulating the operation of inland vessels having regard to the present day needs 2 the principal act was enacted when steam-vessels were in vogue with the advent of oil-fired vessels steam-vessels have become scarce and even the short title to the act would be misleading in the present context accordingly it is proposed to modify the short j title of the act as "inland vessels act" and to substitute the expression "steam-vessels" by the expression "mechanically propelled vessel" there is no provision now enabling the mortgage of vessels by owners for securing financial assistance for the construction or repair of vessels provisions in that regard on the lines of those contained in the merchant shipping act, 1958 (44 o~ 1958) are proposed in order to overcome the difficulty in the case of wreck, etc, the state government is authorised to appoint a court of investigation only on a report to that effect from the master of the vessel it is considered necessary to provide for the appointment of a cour!! of investigation on the report of persons other than the master also at present there is no provision in the act enabling the state government to take action to clear navigable channels blocked by wreck or other obstruction or by the grounding of an overdrafted vessel though such provisions do find a place in the indian ports act, 1908 (15 of· 1908) it is proposed to empower the state government to clear up the navigable channels so blocked or obstructed compensation to passengers travelling in inland vessels involved in accidents is a public necessity it is, therefore, proposed to provide for the obligatory insurance of passengers against risk and the burden is cast on licensed carners by adopting provisions analogous to those applicable in the case of motor vehicles accidents in view of the danger involved in carrying passengers or cargo or both in excess of what is set forth in the certificate of survey granted to a vessel, it is considered necessary to enhance the penalty for exceeding the set limits in case of desertion, wilful absence from duty negligence, etc, by personnel employed in inland mechanically propelled vessels there are no provisions for the taking of disciplinary proceedings provisions analogous to those in the merchant shipping act, 1958 are proposed to be included io u to ensure discipline among the pertjonnel opportunity is also being taken to amend the rule laying formula to bring it in conformity with the recommendation of the committee on subordinate legislation 3 the bill seeks to give effect to the objects mentioned above nw dam; morarji desai the 28th j'ii:ne 1977 clause 14 of the bill seeks to amend section 19r of the act which relates to the rule making power of the state government in sub-l8ction (2) thereof, new clauses (fa) and (ga) are being inserted to empower the making of rules for prescribing the authority and for furnishing to such authority the information with respect to the inland mechanically propelled vessel and its registration and for providing the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer of any such mortgage clause 26 of the b1ll seeks to apply chapter viii of the motor vehicles act, 1939 in relation to the insurance of mechanically propelled vessels against third party risks as they apply in relation to motor vehicles subject to the modifications contained in that clause sections 111 and ilia of the motor vehicles act, which are made applicable by this clause, relate to the rule making powers of the central government and the state government respectively 2 the matters with regard to which the central government ol' the state government, as the case may be, is proposed to be empowered to make rules are matters of detail the delegation of legislative power :ii, therefore, of a dormal character  (l cw1li17)~ ' : r' ~ti arit ~' 'e'on'sdifda1e  the el1actm~ relating to'tn-iand stem-\pessels' 'iw~ft is ex~l~nt tocon:sotidate the enactments relating to iiil~n'ct!stea'l1'l;:,ve$s'eis j'lt fshetetiy· cnactedas fonaws:-- " ', " " chapter i j' short title and extent de1initiona paalmi~"y l' 'i)'t~ actmary be ~called the inland steam-vessels act 191'7   - - z  'in this ad, uriless the!l'e is anything repugnant ttl the' subject or canleii ~ ',' ' ~; ~~  11:"; " (1) "inland steam-vessel" means·a ·8teamjvill8l which otdiaerily plies on any inland water; (2) "inland water" means any canal, river, lake or other navigable wa,ter; (3) "passenger" includes any person carried in a steam-vessel other than the master and crew and the owner, his family and servants; (4)"prescribed" means prescribed by any rule under this act; (5) "steam-vessel" means every description of vessel propelled wholly or in part by the agency of steam; (6) "survey" means the survey of a steam-vessel under this act; (7) "surveyor" means a surveyor appointed under this act; and declaration of surveyor (8) "voyage" includes the plying of a steam-vessel at or about any place - - - - - 7 when the survey of a steam-vessel is compieted, if the surveyor making it is satisfied that- - -  - (iii) the number of passengers (if any) which the steam-vessel is, in the judgement of the surveyor, fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins: the number to be subject to sucll ~onditions and variations, according to the time  20 :,,",-"'-of year, the nature ot the 'voyage, the cargo carried or other cfrcumstances, as the case requires; and - - - - - 19e (1)                      -                                -                                            -                                                      -                                                                 - pi~of registration 7 of 1913 (2) where the owner applying for a certiftcate of registration is a company registered u·lder the indian companies act, 1913, the appuc:atio'n may be made to a registering authority within the local limits of whose jurisdiction the principal office of the company is situate  - - - - - "  57 and 58 viet e 60 190 where an application is made under this act for the registration of an inland steam-vessel registered under the merchant shipping act, 1894, as amended by any subsequent enactment, the regisfering authority shall, on receipt of such application and any fee that may be prescribed, and on being furnished with satisfactory proof of the fact of such registration, grant to the applicant a certiftcate of registration under tilts act ' - - - - - automatic re,istration of inland steamvessels registered under the merchant f)hipping acts 191 (1)                       -                                     -                                                   -                                                                 -                                                                               - prohibition a,ainst transfer of certi-reate ()f registration (2) a certificate of registration in respect of an inland steam-vessel issued by a registering authority in one state shall be valid for that state only, but where any such vessel plies tn inland waters of 'more than one state, nothing in this section shall be deemed to j'equire the owner or master of the vessel to obtain a fresh certiftcate of registration in relation to the state or ,states in which the vessel is not so registered: transfer of registry provided that the owner of the \tessel has not ceased to reaide or 'carryon business in the state in which the vessel was originauyregisteredo - - - - - 19k (1) the registry of an inland steam-vessel may be transferred from one place in a state to another place in another state on the application by the owner or master of the vessel to the registering authority of the place where the vessel is registered (2) on receipt of such application, the registering authority shall transmit notice thereof to the registering authority of the intended place of registry with a copy of all particulars relating to the vessel (3) the certiftcate of registration in respect of the ves8elshall be delivered up to the registering authority either of the existing 01' intended place of registry and, if delivered up to the former, shall be transmitted to the registering authority of the intended place of regisfry (4) on receipt of the documents, referred to in sub·se~tions '(2) and (3) and the prescribed fee, if any, the registering authority of the intended place of registry shall enter in its register book all the particulars so transmitted as aforesaid and grant a fresh certificate of regist'ration in respec~ of the vessel and thenceforth such ~essel shall be considered as registered at the new place of tegistry 19m (1) an inland steam-vessel registered under this act in one state shall not be transferred to a person resident in another state in india or in any country outside india, without the previous approval of the government of the state in which the vessel is registered: prohibition against transfer of ownership of registeped vessel 57 and 58 viet, c 80 provided that where an inland steam-vessel is also registered under the merchant shipping act, 1894, as amended by any subsequent enactment, this sub-section shall have effect as if for the words "the government of the state in which the vessel is registered" the words "the central government" had been substituted '" '" 19k (1) '" '" '" '" '" - '" '" (2) in particular, and without prejudice to the generality of the foregoing power, such rules may-fower to dlake rules grant of masters', serangs', engineers' and enginedriver's certificates of service licences '" '" '" '" '" 22 (1) the state government may, if it thinks fit, grant without examination to any person who! has served as a master, or as an engineer, of an inland steam-vessel before the first day of april, 1890, a certificate (hereinafter called a certificate of service) to the effect that he is, by reason of his having so served, competent to act as a first-class ma~:ter, secqlld-class master or serang, or as an engineer, first-class engine-<iriver or second-class engine-driver, as the case may be, on board an inland steam-vessel - '" '" '" - 22a (1) the state government may, also if it thinks fit, grant-- - - '" - (b) to a person who is in possession of a first-class engine-driver's certificate granted under section 21 or section 22, or an engine-driver's certificate granted under the indian s'team-ships act, 1884, and has, 7 of 1884, by virtue of such certificate, served as an engine-driver of an inland steam-vessel having engines of not less than seventy nominal horsepower for five years, for not less than two and a' half years of which period he has been the engine-driver of such vessel within the meaning of section 26, a licence authorising such person to act as master or engineer, as the case may be, of any inland steam-vessel having engines of one hundred and seventy nominal horse-power or of such less nominal horse-power as such government may deem fit - - - - - 25 an inland steam-vessel having engines of one hundred or more nominal horse-power shall not proceed on any voyage unless she has-1 of 1859 57 - 68 vict, c 80 (a) as her master a person possessing a ftrst-cla~s master's certificate granted under this act, or a master's certificate granted under the indian merchant shipping act, 1859, or granted under, or continued in force by, the merchant shipping act, 1894, or a master's licence granted under section 22a and applicable to such vessel and voyage, and certicates to be held by master and engineer of vessel of one hundred or more horsepower (b) as her engineer a person possessing an engineer's certificate granted under this act, or the indian steam-sbips act, 1884 or gran~ 57 &: 58 vict, c 60 under, or continued in force by the merchant shipping act, 1894 or an engine-driver's licence granted under section 22a and applicable to weh vessel and voyage   an inland steam-vessel having engines o~ forty or more· nominal horae--power but of less than one hundred nominal horse-power, shall not proceed on any voyage unless she has-- - - - - 7 of 1884 (b) as her engineer a person possessing a first-class ~gine­driver's certificate granted under this act, or an engine-driver's certificate granted under the indian steam-ships act, 1884, or any certificate referred ito in claule (b) of section 25: cerwi~ cates ~ be held by muter and· engineer ofveaael of qet ween forty and cne hundred horsepower provided that a steam-vessel shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certi1icate referred to in clause (g), and a certificate referred to in clause (b), ~ this section - - - - - • notwithstanding anything in this chapter, the state government may, by general or special order, direct that a person possessing-, (g) a master's certificate granted under the indian merchant shipping act 1859, or granted under, or continued in force by, the merchant shipping act, 1894, or (b) an engineer's or engine-driver's certificate granted under the indian steam-ships act, 1884, or an engineer's certificate granted under, qr continued in force by, the merchant shipping act, 1894, lot 1859 57 ie 68 viet, c 80 7 of 1884 57 &: 88 vict, c so shall 11:0t act as master or engineer, as the case may be, of an inland steam-vessel unless he also possesses--power for state govern· mentto require master or engineer to hold eertifllcate granted underact in addi~ tion to other certificate (i) in case (g) such a master's or serang's certificate granted under this act as qualifies him under this chapter to act as master of the steam-vessel or (ii) in case (b), such an engineer's or engine-driver's certificate granted under this act as quali1les him under this chapter to act as engineer of the steam-vessel: provided that, fqr the purposes of this section, the state government may if it thinks fit, grant to any person without examination, a master's or serang's or an engineer's or engine-driver's certificate of competency under this act, and such certificate shall have the same effect as a certificate of competency granted under this act after examination  - - - - - 33 (1) if a formal investigation into the facts of any case reported under section 32 appears to the state government to be expedient, the state government may-(4) appoint a special court and direct the court to make the investigation at such place as the state government may fix in this behalf, or power for state government to appoint court of investf'-gauon (b) direct any principal court qf ordinary criminal jurisdiction or the court of any district magistrate to make the investigatioll - - - - - 45 any certificate granted or any endorsement made under chaptet iii may be suspended or cancelled by the government of the state in which the certificate was granted or, as the case may be, in respect of which the enciorsement was made, in the following cases • jwile1y-- '"     53 (1)   '"  - 5 of 1898 (5) the procedure prescribed by section 59 of the· code of criminal procedure, 1898, in the case of arrest by private persons shall wly to every arrest made under this section - '" '" '" '" power for state governmentto suspend orcanael certift c-in certain castel power for state governmentto make rules as to carriage of paslellgersin inland steamvessels ma (1) the state government may, by notification in the oftidal, gazette, after such inquiry as it may consider necessary, in respect of any system of inland waterways, or of any stretch of inland waterway or of the run between any two stations on an inland waterway,-(~) fix the maximum or minimum rate per mile which may be charged for ·passenger fares for passengers of any class travelling on inland steam-vassels; (b) fix the maximum rate per mile which may be charged for flieight on goods ·of any description carried in inland steam-vessels; power of state governmenuo fix maximum and minimum rates10r pasbenier faresand bewht for goode (c) fix the minimum rate per mile which may be charged for freight on goods of any description carried in inland steam-vessel: and' - '"  110  penalty for carryingex-c'~ssive number of panengerson board 58 if an inland steam-vessel has on board or in any part thereof a number of puaengers which is greater than the number set forth in the certifioate of aumey as the number of passengers whic:hthe vessel or the part thereof is, in the judgement of the surveyar,fit:to carry the owner and the master shall each be punishable with fine which may extend to ten rupees for every passenger over and above that number -    - exemption of government vessels 69 save in so far qs the state government may, by notification in the official gazette otherwise direct nothing in this act, or any rule made thereunder, shall apply to any inland steam-yessel belonging to, or in the senrice of government - - -  - endorsementor cerwlcatea,and licences granted 7za any certificate or licence granted by the government of a province in pakistan in accordance with the provisions of any law for the time being in force in that dominion corresponding to the provisions of chapter ii or chapter iii of this act may, on payment of the fees prescribed for the grant of a similar certificate or' licence under this act, be endorsed hy-(a) the government of any state in india, or in pakistan (b) with the general or special sanction ot the government of such state, by any authority competent to grant a similar certificate or licence under this act, and upon any such certificate or licence being so endorsed, it shall have effect as if it had been granted under this act 73 the provisions of this act shall also apply to all vessels which ordinarily ply on inland waters and are propelled by electricity or other mechanical power (except steam): provided that the' state government may, by notification in the official gazette, declare that any provision of this act shall, in its application under this section to such vessels, be subject to such modifications, for the purposes of adaptation as may be specified in the notification appli_ cation of act to vessels propelled byelectricity or other mechani cal power 74 (1) the power to make rules conferred on a state government by publicathilil act is subject to the condition of the rules being made after previous tlon of publication rules  - - - - -  a billfurther to amend the inland steam-vessels act, 1917 $ (shri 1f0000tlt';i r dea~li prime minilt,-) 