boi no 183 of 1885 -the inland waterways atrrho~ty of india bill, 1985  arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 definitions  chapi'er ii inland watdways atrmority of india3 constitution and incorporation of the inland waterways aulhority of india 4 conditions of service of memben; 5 powers of chairman and vice-chairman 6 hemoval, etc, of members 7 vacancy, etc, not to invalidate proceedings of the authority 8 secretary and other officers 9 advisory committees 10 authority to act on business principles  chapter iii property and cqntracts11 transfer of assets and liabilities of the central government to the authority 12 contracts by the authority 13 mode of executing contracts on behalf of the authority  chapter iv functions and powers of the authority14 functions of the authority 15 amendment of schemes 16 power to fix maximum and minimum rates for passenger fares and freigh" for goods  chapter v finance, accounts and auditclauses -\ ~ , 17 levy and collection of fees and charges 18 grants and loans by the central government 19 constitution of the fund  - ' 20 budget  21 investment ~ funds 22 annual report 23 accounts and audit 24 annual report and auditors' report to be laid before parliamedt  chapter vi mlscellaneous25 power of central government to issue directions 26 compulsory acquisition of land for the authority 27 application, etc, of certain laws 28 power to enter 29 delegation 30 authentication of orders and other instruments of the authority 31 members, officers and employees of the authority to be public servants 32 protection of action taken in good faith 33 power of central government to supersede the authority 34 power to make rules 35 power to make regulatioju ,    36 rules and regulations to be laid before parui,ment 37 power to remove diftlculties 38 amendment of act 49 of 1982 bill eo provide for the constit1ltion of an authority tor the regulation grd development of inland waterways for pu7'poses of shipping aftd navigption and for matters connected th(irewith or incidental thereto be it enacted ·by plu"liament in the thirty-silcth year of the republic of india a's follows:- chapter i preliminarys  1 (1) this act may be called the inland waterways authority of iljclia act 198~a :::~ (2) it- shall come into force on such date as the qentralgovemment may, by notification in the official guette, appoint  com~· - me •• ment z in this act, unless the context otherwise requires,-deftni· tions 10 (a) ilappurtenant land" means all lands appurtenant to a natipnal waterway, whether denuu-cated or not; (b) "authority" means the inland waterways author~ty of india constituted under section 3; (c) uchannel" means any waterway, whether natural or artificial; 15 (d) iiconservancy" includes dredging, training, closure, diversion' or abandoning channels; (e) i'conservancy meuu1es" means mea&~ for p~ of conservancy, but· does not include measures for protection of banles 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 handlidg 5 equipment, road and rail access and cargo storage 8pilces, ~d the expression "infrastructural facilities" shall be construed accordinw; (g) "member" means a member of the authority appointed under sub-section (3) ,)f section 3; (h) "national waterway" means the inland waterway declared 10 by section 2 of the national waterway (allahabad-haldia stretch of the ganga-bhagirathi-hooghly river) act, 1982, to be a national ""of ui82 waterway explanation-if parliament declares by law any other waterway to be a national waterway, then from the date on which such 15 declaration takes effect, such other waterway-(i) shall be deemed also to be a national waterway within the meaning of this clause; and l, (ii) ,the provisions of this act shall with necessary modifications (including modifications for construing any reference tc 20 the commencement of this act as a reference to the date aforesaid) apply to such 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 25 act; (k) "regulations" means regulations made by the authority under ,this act; and (1) "rules" means rules made by the central government ldlcler this aet  chapter ii inland watdways authority of lnma3  (;1) with effect from such date as the central gqverllld8llt dulj' bj dotiftcation in the official gazette, appoint in this behalf, then sbajj be eautituted 'or the purposes of this act ad authority,o be called the 35 inland waterways authority of india (2) the authority shall be a body corporate by the name aloreaald, having perpetual succession and a common seal with power, subject tid 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 fa and be sued codatltulion and'  ~ ration of the inland waterways autho-iity or india (8) the authority shall consist 'of the following ~ber&, name1y:-(a) a chairman; (b) a vice-chairman; and '(c) 'such number of persons, not exceeding five, to be appointed by the central government (4) the awtharity 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 5 in the discussions of the authority relevant to the purpose for which he has been associated, but shall not be entitled to vote 4 the term of olke and other conditions of service of the members shall be such as may be prescribed conditions of service ofmembers 5 (1) the chairman of the authority shall, in addi1ion to presiding powers of chairman and vice--chairman 10 over the meetings of the aqthority, exercise and discharge such powers and duties of the authority as may be delegated to him by the autherltty 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 pi;eecri'bed or 15 as may 'be delega1ed to him by ;the chairman removal, etc, of members 6 (1) the central government may remove from the authority any member, who, in its opinion,-(4) refuses to act, (b) has become incapable to act, 20 (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 enquiry against him 25 (3):n'0 ord~ of removal under this section shall be made unless ithe member concerned has been given an opportunity to submit his explana tion to the centqu government and when such order is passed, the seatof the member removed shall be declared vacant (4) a member who has been removed under this section shall not be 30 eligible for re-appoiniment as a membe;r or in any capacity under the authority , 7, no act or proceeding of the authority shall be invalida1led merely by reason of-(4) any vacancy in, or any defect in the constitution of the 35 authority; or vacancy, etc, not ta invau-date proceedings of the authority (b) any defect in-the appointment of a person acting as a member of the authority; or (c) any ir;reguiarity in the _ procedure of the authority no'!: affecting the merits of the case, 40 8 (i) the authority may appoint the secretary and such other secretary - oibeers and employees as it eonsiclers neeessary for the eflieient disand othcm' charge of ws functions under this act oftlcers (2) the terms and coaditiods of service of the seeretary ami othr 0'" and employe of tlie authority shall be such as may be deter-45 mined by repletions -acivisory ccamittees 9 (1) subj:t to any niles made ill this behalf, the au,,~t' mry ina tidaeto time icodstitute such advillol')" ~  88 may be, , •• , for the emdent cjilehaqo of its functions (z) ever¥ advisory conunittee shan consist of uch numbel' of periods coddeded with hippidg and navigation and allied aepeets as the 5 authority may deem fit 18 in the discharge of its fwlctions under this act, the authority shall act, so far as may be, on business principles   chapter 'iiiauthority to rcton business prine!-pi  10 property and contracts 11 (1) as from such day as the central government may appoint by notification in the oftlcial gazette,-tranaf« of ,auete and llabuiues of the central govetilmen~to the  authority (4) all properties and other assets vuted in :the central government for the pu,rposes of inland water transport directorate, and administered by the chief engineer-cum-administrator, inland water 15 transport directorate, immediately before such day shall vest in the authority; (b) au debts, obligations and liabilities incurred, ald 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 20 in connection with the purposes of inland water trlmspo,rt directorate shall be deemed to have been incurred, entered into and engaged to be done by, with or fo;r the authority; , (c) all non-recurrong expenditure incurred by the central government for or in connection with the purposes of inland water 2~) 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; (do) all suiq's of money due to the central government in relation 30 to ipland water 1)-ansport direc:torate immediately before such day shall be deemed to be due to ,the authority; (e) au suits and ,other legal proceeding, with respect to -any matter in relation to inland water transport directorate which 35 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 contii\ued or instituted by or agamst the authority; apd  (j) every employee holding any office under the central gov- 40 emment immediately before such day solely or mainly far or in connection with 'such affairs of the inland water transport direc~ torate as are relevant jto the functions of the authority under this act shall be treated as on deputation with the authority but s~ll' hold his oftlcein the authority by the same tenure and' upon the same terms and conditions of service as respects rerounelatjpn, leave, 45 provident fund, retirement or other terminal benefits as he would ha,ye;l~e1d suc:h oftice ,if the authority had not ,been constituted, and sba1l c:ontip,ue to dq so until the central 'government, eitjaer on ita own motion or at the request of the authority, recalls such employee ~o to its service or until the authority, with the concurrence of the central government, duly absorbs sueh employee in its, regular service, whichever is earlier: provid~d that during the period of deputation of any such employee 5 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 10 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 15 or liabilities of the central government have been "transferred to the authority or as to which of the employee:; serving under the central government are to be treated as on deputation with the authorltr, under this section, such dispute or doubt shall be decided by the central government in consultation with the authority and the decision of the 20 central government thereon shall be final (3) notwithstanding anything contained in the industrial disputes 14 of 1947 act, 1947 or 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 25 other law and no such claim shall be entertained by any court, tribunal or other authority 12 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 contracts by the authority 30 13 (1) every contract shall, on behalfof the authority, be made by the chainnan 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 contra~ts as may be specified in the regulations shal1 be sealed with the common seal of the authority: | mode       ||------------|| executio,  || ·contracts || on         || be-        || hall       || of         || the        || authority |35 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 a term ex-·40 ce'eding thirty years and no other contract exeeeding 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 aad manner 45 in which any contract shall be made under this act shall be such as may be· pr~scribed by regulations (3) no contract' which is not in accordance with the provisions of this act and the reirulations shall be binding on the authority  chapter iv functions and powers of 'i'he authority 14 (1) the authority may-functions of the' authority (a) carry out surveys and investigations for the development, maintenance i8ild better utilisation of the national waterways and the 5 appurtenant land for shipping and navigation and prepare schemes in this behalf; - cb) provide or permit setting up of infrastructural facilities for national waterways; (~) carry out conservancy measures and training works and do 10 all other acts necessary for the safety and convenience of shipping and navigation and iniprovemeut of the national waterways; (d) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterway and appurtenant land, in so far as they may affect safe and emcient, 15 shipping and navigation, maintenance of navigable channels, river training and conservancy measures; (e) remove or alter any obstruction or· impediment in the liational waterways and the appurtenant land which may impede tbe safe navigation or endanger safety of infrastructural facilities or 20 conservancy measures wbere  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; 25 (1) 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 wider the national waterways; (it) disseminate navigational meteorological information ahout 30 national waterways; (i) ensure ct)-ordination of inland water transport on national waterways with other modes of transport; and (j) establish and maintain pilotage on national waterways (2) tbe authority may also-35 (a) advise the central government on matters relating to illland water transport; (b) study the transport requirement with a view to co-ordinllting inland water transport 'with other modes of transpor~ (c) ca'rry out hydrographic surveys and publisb river charts; 40 (d) assist, on such terms and conditions as may be mutually agreed upon, \bny 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, wlndia 4-5 and abroad in relation to planning and development of waterways fer shipping and navigation or any facuity thereat; (f) conduct research in matters relating to inland water transport including development of craft design, mechanisation of country craits, technique 01' towage, landing and terminal facilities, port 50 installations and survey techniques; (g) lay down standards for ,classification of inland waterwap; (h) arrange programme of technical training for iniaild water trajatiport person~el wit,hin and outside the country; and (i) perform such other functions as may be decessary to carry 5 out the provisions of this act (3) any dispute arising out of or concerning the compensation re· ferred 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 10 (4) every scheme, prepared by the authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the emount as may be pre~ibed, shall be submitted to the central govermnent for approval (5) the central government may either approve the scheme sub-15 mitted to it under sub-section (4) without modification or with such modification" as it may considc:!r necessary or reject the scheme with directions to the authority to prepare a fresh scheme according to such directions 15 the authority shall not make any material change in the scheme amendment of schemes 20 approved under sub-sectiolil (5) of section 14 without the prior approval of the central government explaration--for the purposes of this section, "material change" means an incree,se in the cost of the scheme by more than twenty per cent of its cost or a change in the benefit and cost ratio which either 25 makes the cost component in the ratio exceeds the benefit or reduces the benefit component b'y more than twenty per cent 16 the authority may, with the previous approval of the central government and by notification in the official gazette, in respect of any system of national waterways or of any stretch of any national waterway, 30 or of run between any two stations on a national waterway-| power    | to     ||----------|--------|| fix      |        || maxl-    |        || mum      | and    || minimum  |        || rates    |        || for pas- |        || s~nger   |        || fares    | and    || frf'ight |        || for      | goods |35 (a) fix the maximum or minimum rate per kilometre which may be charged for passenger fares for passengers of any class travelling on inland mechanically propelled vessel; (b) fix the maximum or minimum rates or both such rates per kilometre which may be charged for freight on goods of any description carried in inland mechanically propelled vessels; and (c) declare what shan be deemed to be the distance between any two statiolls 011 a national waterway for the purpose of calculating passengers' fares or freight on goods where maximum or minimum rates or both such rates have been fixed under this section  chapter v fin ance, accounts and a udrrrevy and col1ection otfees  and charges 17 (1) the authority may with the previous approval of the centrlll government, levy fees and charges at such rates as may be laid down 45 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, 'jnfl'astructural 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 18 the central government may, after due appropriation made by parliameat by law in this behalf, make to the authority arants and loanb of such sums of looney as that government may consider necessary 5 gran1t and ' loans by the central government 19 (1) thrre shall be constituted a fund to be called the inland waterways authority of india fund and there shall be credited thereto-constitution of the: fund ({i) any grants and loans made to the authority by the central govel'llmelit under section 18; (b) all fees and charges,received by the authority under this act; 10 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, 15 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 cbjects and ,fof purposes authorised by this act liudgel, 20 1'h(': al!thority shah prepare, in such form and at such time each 20 financial year as may be prescribe:d, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the central government investmentol funds ' 21 the authority may invest its funds (including any reserve fund) in the securities of the central government or in such other manner  ~5 may be prescribed annual report 12 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 t;entral govel1'lment 30 accoants and audit 23 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 gov~nment, before such date as may be prescribed, its auditecl copy of accounts together with the auditors' report thereon , 35 :!t 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 f)fp~rliamel1l annual report and auditors' report to be laid before pardamenl  chapter vi miscellaneous25 (1) without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this _ 5 act, be b)und by such direction:; on questions of policy as the central government may give in writing to it from time to time: power of cc>ntral c1overnment to issue directions provided that the authority shall, as far as practicable, be given opportunity to express its views before any direction is given undpr this su b-sec'tion 10 (:~) the dedsion of the central government whether a question is one of policy or not shall be final 1 of 1894 26 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 iand may be arquired for the authority under the provisions of the land 15 acquisition act, 1894 or of any other corresponding law for the titne being in forc'e compul-:::ory 3cquisitionof land for the authol'i1y 15 of 190p 311 01 lq1)3 27 (1) thf> provisions of this act shah be in addition to the drovi-sions of the indian ports act, 1908 and the major port trusts act: 1963 and in particular nothing in thi!'l art shall affect any jurisdiction, application, etc, of ecrtain laws 20 functions, powers or duties required to be exercised, performed or discharged by-1s of 1908, (a) the conservator of any port or by any officer or authority under the indian ports act, 1908, or 38 of 1963 (b) the board of trustees for any maior port or hy 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 ] ot j:h7 150fl1}08 ~8 of 196 (2) nothing in this act shnll affect the operation of the inland 30 vessels act, 1917 or any other centra' act (other than the indian ports act, ]908 and the major port tru~t~ art '0(3) or any state or provincial act in force immediately before the (,,")!nmencement of this act with respect to shippin!! and navigation on any national waterway bllt any jurisdiction functions, powers or duties required to be exercised, pet"-~5 formed or discharged bv thp sbte government or any officer or authority l!iubordill'lle to the statp' govnnrnent under any such act in so far as luch jurisdiction functions powf'ts or duties relates or relate to shippinlt and navigation or such n1tional waterway or any matter incidental thereto or oth~'rwise connected therewith shall, after such commence-4? ment, be ~xercised, performed or discharged by the authority, 28 sub1ect to any rules made in this behalf, any person generally t>r i'o'we'i' to  specially fl~thorised 'by the authnrity in this behalf, may, whenever it enter is necessary so to do for any of the purpost's of this act, at all reasonable times, enter upon any land or premises and-or 41 (a) make any inrpection,' survey, measurement, valuation inquiry; (b) take levels; (e) 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: 5 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 hcurs' notice in writing of his intention to do so delel8-tloo zi the authority may, by general or special order in writing, delegate 10 to the chairm&n or any other member or to any officer of the authority, subject ,to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act (except the powers under section 35) as it may deem necessary 30 all orders and decisions of the authority shall be authenticated 15 by the signature of the chairman or any other member authorised by the authority in thir behalf and :'\11 other instruments executed by the authority shalt he authenticated by the signature of ~m officer of the authority authorised by the authority in this behalf, 31 all members, officers and other employees of the authority shad 20 be deemed, when acting or purporting to act in pul'suance of any of the provisions of this act, to be pubhc servants within the meaning of sec~ tion 21 of the indian penal code 45 of 1860 authentieation of orders and other instrumentsof the authority members, otbcers and employees of the authority 'to be' pubhp ·servants protectiod of action taken in nuod iaith 32 (1) no suit, prosecution or other legal proceedings ~hall lie against the government or any officer of the government or any member, 25 officer or employee of thf' 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 30 done or purported to be done under this act or the rules or regulationll, and in particular, it shall not be the responsibility of the authority to provide for relief measures necessitated by floods' or by breaches and failures of works 33 (1) if, at any time the central government is of opinion-(a) that on aceount of a grave, emergency, the authority is 35 un:lblf' to discharge the functions a~d dutieg imposed on it by or under the provisions of this act; or power of central government to supersede the aatbolity (b) that the authority has persistently made default in complying with any direct~on issued by the ~ntral governmen~ under thi'll 40 act orin 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 (e) that circumstances exist which render it necessary in the 45 public interest so to do, the {'entl'al government may, by notification in the official gazette i1lpersede the authority for such period, not exceeding six months,  may be specified in the notificatiun: provided that before issuing a notification under this sub-aection for the reasons mentioned in clause (b) the central government shau give 5 a reasonable opportunity to the authority to show cause why it should hot 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,-10 15 (a) all the members shall, as from the date of supersession, vacate their offices ar such: (b) all the powers, functions and duties which tnay, by or under the provisions of this act, be exercised or discharged by or on behau 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 go~rnment may direct; (c) all property owned or controlled by the au,thority shall, until the authority is reconstituted under sub-section (!), vest in the central government 20 (3) on the expiration of the period of supersession specifted in the notification issued under sub-section (1), the central government may-(a) extend the period of supers~sion for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the authority by fresh appointment and in 25 such case ony persons who vacated their offices under clause (a) of sub-sectfon (2) shall not be deemed disqualified for appointment: provided that the centrnl ['tovernment 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 30 under clause (b) of this sub-section (4) the central government shrl1 camle a notification isrued under sub-sertion (1) and a full report of any action taken under this section and the circumstances leadin~ to such action to be laid before such house of parurment at the earliest opportunity 35 34 (1) the central government may, by notification in the official gazette, make rules to carry out the p!lrposes of ihis act power to make rules (2) without prejudice to the ~eneralitv of the foregoing power, such rule may provide for al,1 or any of the fonowing matters, namely:-(a) the term of office and other conditions of service of the mem-40 bers of the authority unc1er spc'tion 4; (b) the powers and duties of the chairman and vice-chairman under section 5; (e) the matters with respect· to the advisory committee referred to in sub-section (1) of section 9;  45 cd) the amount required to be prescribed under sub-section (4) of section 14; (e) the form in which, and the time ~t which, the authority shall prepare its budget under section 20 rnd its annual report 'f llt1~f'r section 22; (f) the manner in which the authority may invest its fundi under sertjon 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 or 5 the power to enter under section 28 and the matters referred to in clause (1) 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 power to blake reglla-\lona 35 (1) the authority' may, \\ith the previous approval of the central 10 government, by notification in the oftlcial 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 15 matters, namely:-' c (a) the manner in which and the purposes for which, the authority may a9socia'te with itself any person under sub-section (4) of section 3; (b) the terms and conditions of service of the secretary and 20 other offtcers and employees of the authority under sub-section (2) of section 8; (e) the contracts or class of contracts which are to be sealed with the common seal of the authority and the form and manner in which a contract may be made by the authority; 25 cd) the mann?r in which and the conditions subiect 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, manag-ement and con- 30 trol of the infrastructures and infrastructural facilities; (q) the reception, porterage, storal!'" and rem ova} of ~oods brought on ~ national waterway, and the procedut'? b be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged; 35 (h) regulating, declaring and defininj,l the docks, wharfs, jetties, 1andin~ stages on which goods shall be landed from vessels and shipped on hoard vprrphl: 0) regulating ,the manner in which and the conditions under which the loading and unloading of vessels on a national waterway 40 shall he crltied out; and h) the exclusion from a national waterway of di'sorderly or other undesirable persons and of trespassers, (3) any regulation made under any of the clause~ (c\ to (1) of liubsec:tton(2) may provide that a contravention thereof shall be puni~rableo with ftn~ which may extend to five hundred rupees and in the casp of a 45 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 ag every'rule and every· regulation made under this act shall be 5 laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately, following the session or the successive sessions aforesaid, both houses agree in making any modification in rules and relulau",ns to be laid before parliament 10 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 re-15 gulation pow"-'u remove difficulties 37 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the otrcial gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the diftlculty: szo provided that no order shall be made under this section after the expiry of five years from the commencement of this act (2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament 38 in the national waterway (allahabad-haldia stretch of the ganga-sz5 bhagirathi-hooghly river) act, 1982,-amend mentol act of 1882 (a) in section 3 for the word's "central government", the word iiunion" 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 substi-30 tuted; (b) sections 4 to 15 shall be omitted  statement of objects and reasonsseveral 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 efticiency, generation of employment among weaker sections of community nnd less pollution 2 the national transportation policy committee has observed that the existing setup of inland water transport directorate in the ministry of shipping and transport is not geared to undertake and discharge the responsibility for proper' 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 tbe committee recommended settin 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 nzw delhi; z r ansari the 9th august, 1985  president's recommendation under article 117 (3) of the constitution of india[copy of letter no 38-iwt (2) 183-nw (iii), dated the 14th august, 1985 from shri z r ansari, minister of state of the ministry of shipping and transport to the secretary-general, lok sabha] the president" having been informed of the subject matter of the inland waterways authority of india bill, 1985, recommends under article 117 (3) of the con'stitution the consideration of the bill by lot sabha cz4use 2 seeks to define certain words and expressions used in the bill clause 3-sub-clause (1) provides fo~ constitution of the inland waterways au1¥loi'ity of india from such date as may be specified by the central government by a notification -sub-clause (2) makes such authority a body corporate with powers to acquire property, etc sub-clause (3) provides that the authority shall consist of a, chairman, a vice-chairman and not more than five members sub-clause (4) empowers lhe authority to associate with it any person whose assistance or advice it may desire in complying with any of the provh;~ons of the bill clause 4 provides that the terms of office and other conditions of service of members of the authority may be prescribed clause 5 lays down the powers and duties of the chairman and the vice-chairman clause 6-sub-clause (1) empowers the central government to remove from the authority any member on the grounds of refusal to act, incapacity or abuse of his office sub-clause (2) confers power upon central government to suspend any member of the authority pending an enquiry against him sub-clause (4) prohibits the reappointment under the authority of any member who has been removed under sub-ciause (1) cla'use 7 provides that any vacancy, defect or irregularity in the constitution, appointment or procedure of the authority shall not invalidate the proceedings of the authority clause 8 provides for the appointment of the secretary, other officers and employees of the authority and their terms and conditions of service cta'use 9 empowe,rs the authority to constitute advisory committees as may be necessary for performing its functions clause 10 provides that the authority shall be guided by businew principles in the discharge of its functions clause 11 provides for transfer of assets and liabilities vested in the central government for the purposes of inland water transport directorate on such day as may be appointed by the central government the clause further provides that,-(a) all debts, obligations and liabilities incurred, all contracts entered into by the central government in connection with the inland water transport directorate shall ,be deemed to have been incurred or en1'ered into by or for the authority; (b) all sums of money due to the central government in relation to inland water transport directorate shall be deemed to be due: to the authority; (c) all suits or legal proceedings with respect to any ,matter in relation to inland water ·transport directorate which have, _n or could have been instituted by or against the central government may be' instituted against the authority; (d) every employee holding an office under the central government mainly for or in connection with the affairs of the inland water 'transport ljirectorate' shall be treated as on deputation with the authority and shall hold his office ,1 the authority by the same tenure and upon tbe ,qme terms and conditions of service as respects remuneration, lea\'e, etc, and shall continue to do so until the central government recalls such employee or such employee is absorbed by the authority; and (e) absorption of any employee by the authority under this clause shall not entitle him to any compensation under the industrial disputes act, 1947 (14 of 1947) clause 13 'seeks to lay down the procedure for -execution of contracts on behalf of the authority clause 14 lays down the functions of the authority which, inter alia, include carrying out of surveys, conservancy, :measures, removal or alteration of any obstruction in the national waterways, providing the regulation of navigation on nationll waterways, ensure co-ordination of inland water transport on, national waterways and advising the central govemment on matters relating to inland water transport, etc this clause also anthorilres the authority to formulateachemes clause 15 provides that tbe authority shall not make any material change in the scheme approved under sub-clause (5) of clawle 14 without thf' prioi' approval uf the central government cla'use16 confers power on the authority to fix maximum and minimum rates for carriage of passengers and freight on national waterway clauses 17 to 24 contain usual provisions relating to levy and collection o( fees, grants and loans, funds, budget, investment of funds, annual report and llc('()unts nnd audit of t~!·~~ authority clau~~f> 2;10 pl'oyidf';; that tlw authority shall he hound hy any directions on  qyestion~ :of policy o's may be given to it by the central gov-(~rnment fram time to time claltse 26 lays down that any land required by the authority for discharging of its functions under this ·b11l shall be deemed to be needed for public purpose and such land may be acquired for the authority under lhe provisions of the lanrl acquidtion act, 1894 (1 of 1894) clause 27 provides that the provisions of the bill shall be in addition to the provisions of the indian port~ act and the major port trusts act and shall not affect any jurisdiction runetions, powers or dutie~ required to be exercised by any ofticer or authority under those acts likewise the provjsions of the bill shall not affect the o\)~tation of the inland vessels act or any other central act or state or provincial act· in force immediately before the commencement' of' this act with respect to shipping and navjgation on any national waterway clause 28 seeks to empower any person generally or specially &utho--risedby the authority to enter, inspect, survey or take levels of any land or premises necessary for the purpose of this bill at all rea'sonable timet; clause 29 provides for delegation of powers and functions by the chairman to any other member or any officer of the au,thority clause 30 provides for authentication of orders of the authority cla1k'lc? :n seeks to declare all members, officers and other employees of the' authority il!ol pl1hlie s~rvants when nctinit or purporting to act in purslta1w(' of any of th;· rrovibion~ of the bill cluli,s(! 3~ seeks to ~ive protection to any member, officer or employee of the authority in respect of any thing done or intended to be done in good faith in pursuance of this bill or the rules or regulations made thereunder clause 33 seeks to make provision for sup'arsession of the authority in the circumstan':!es stated therein and its reconstitution after such supersession clause 34 confers upon the central government power to make rules in respect of term of office and the other cond!tions of ,ervice the form for preparing budget and annual report establishment of fund-;, etc clause 35 confers powers on authority to m~ke, with the previpl1s approval of the central government regulations generally to carry out the purposes of this bill clttttse 36 provides laying of rules and regulations on the 'fable of ooth the- houses of parliament clause 37 seeks to empower the central government to remove any difficulty 'which may arise in giving effect to the provisions of this bill cmuse 38 seeks to amend the national water'nay (allahabad-halctia stretch of the ganga-bhagirathi-hooghly river) act, 198'2 clause 3 (1) of the bill provides for the constitution of the inland waterways authority of india clause 4 of the bill provides for the term of office and other conditions of service of the members of the authority clause 8 of the bill provides for the secretary and other officers of the authority clause 9 of the bill provide'~ for the constitution of advisory committee for assisting the author!ty clause 14 (1) i'lnd (2) of the bill seeks to entrust the responsibility to reiu1ate and d~velop the national waterways for the purposes of sliipp'n~ and navigation to the inland waterways authority of india under the central government ,consequently three distinct functions, !lamely, development, maintenance and regulation will devolve on the said authority the financial implications are indicated in the succeding paragraphs 2 considering there is no orl',anil:;ed and sustained inland water tran!'iport traffic llt present on the wrterwnvs :md bulk of the visualised traffic will be diverted traffic, on'y minimal infrastructural facilities are considered necessary no e]aboratp mechanized handling facilities at the river terminals or sophisticat(>d river markinm:: are rt pr~sent visualised to start with only floating landing facilities at almo!'!t al1 the contemplated river terminal!':, with minimum shf'lre facpities like sheds, open storage facilities, road approach, water and el~ctric supply are proposed to be provided locations for terminl'11s in thf> nrtional waterways have been identified it is not possible tn formu1afe an e~timate of capital investment in the entire lencth of th", natl""rl waterwavl' it is estimated that the expenditure with l'f'!s""ct tn the sl'iio minimal infrastructural facilities will be of the order of r!'l ~5 crores this expenditure will be of a non-recurring natl1re 3 the order of annual r~currit1ry, ('o~ts 'by wa" nf oev"'opmp'lt maintenance and regulation of the waterwav whkh has ~l:!'eady been declared to be a nationa' w~terwav (,f' tho ana'!vib:1~-r~lrh\ ~tretch of the ganga-bhl'lgirathi-hoo!'-"hlv r;ver) ;ncluoinft thf> exnenditure with restlec~ to settlement of dic;pntf><; 11'''h~f>r ('lansp 14 (:n thf' ar~visory committees !if't up und~r ('la11e;p 19 (1' ::mr1 the p'x't1pnoihm:' nn members nno the stliff un~-er clausp 4 and r ano i  ,:ontin~p'''(''f'e; of thp allt"oritv will initiallv r'oprn'x'imatf' to about fe;  , ,~n,4"c; arlt'!5~;on"" f'~nf>n~iture would bf! involverl when parli'lment "('clarer! hv blw !'l'lv other wliterway to be it nrtinne' wllterwav hut ~t is '10" n,,!:~~b''''' tn m~~p "1'1v ec;timate o~ 4hp pvnpnt'!itui"p w"i!"" wr",m hp ~m",'vp~ 1lc; thn+ wnttlr1 r1p"pl'v~ unon thp ,irt'l1,"danrf''1 (i",l11"p"" +h'" ''''''~'' ~nrl nth"· fpabl'1-'''\ with rm:nect +0 <:11(," wn+e",l'lv 1'h, "rn,,:~m'c: ,,~ th, ~;1' '~n t1nt ;nvfl'w' nnv otl,pt e~pm1rtltu1'p nf 11 1'ecumn!! or "ii"in-r emll"t';n,,,j'ltul'e!  memorandum regarding delegated legislationclause 16 of the bill empowers the inland waterways authority of india to fix rates for passenger fare and cargo freight on national waterways clause 34 of the bill empowers the central government to make rules to provide, among other matters, the term of office and other conditions of service of members of the authority, powers and duties of the chairman and vice-chairman, the constitution of the advisory committees, the form in which the authority may prepare its budget and annual report and maintain its accounts and the manner of audit of accounts, the manner in which the authority may invest its funds, and the conditions and restrictions with respect to the power to enter upon any land or premises clause 35 of the bill confers power upon the authority to make, with the previous approval of the central government, regulatiuns, inter al~4, regulating the terms and conditions of service of the secretary and other officers and employees of the authority, the contracts or class of contracts which may be sealed with the common seal, the rule of the road on the national waterways, exclusion from the national waterways of disorderly and other undesired persons and trespassers the matters in respect of which rules and regulations may be made are generally matters of procedure and administrative detail and it is hardly practicable to provide for them in the bill itself the delegation of legislative power is, therefore, normal in character  of the ganga-bhagirathi-hooghly river) ac:r 1982(49 of 1982) - -  - - 3 it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation and development of ganga-bhagirathi-hooghly river fpr purposes of shipping llndnavigation on the national waterw;:y to the extent hereinafter provided declaration as to expediency of control by the union of ganga-bbagirathi-hooghly river for certain purposes 4 in this act, unless the context otherwise requirell,-definitions (a) "advisory committee" means an advisory committee constituted under section 8; (b) "appurtenant land" means all lands appurtenant: to the national waterway, whether demarcated or not; (c) "channel" means, any wate,rway, whether natural or artificial; (d) "conservancy" includes dredging, training, closure, diversion or abandoning channels; (e) "conservancy measures" mean's measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restoring banks which have become ero,ded mainly on account- of reasons not connected with shipping and navigation; (1) "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) "national waterway" means the waterway declared by section 2 to he n national waterway; (it) "navigation chaf,lnel" means a channel navigable during the whole 01' a part of the' year; (i) "'presct'ibed" means prescribed by rules made under this act; (j) "rules" means rules made by the central government under this act l-5 (1) it shall be -the responsibility of the central· government to regulte and develop the national waterway and to secure the effioient utilisation of -the  waterway for shipping and navigation (2) in particular and without pr~judice to the generality df the jor~going provision, the central government maylwiiponsibility for reauiation and devewprmentof national (a) carry out surveys and investigations :cor the development, 'watermaintenance and better utilisation of the national waterway and the way, appurtenant  land for shipping and navigation, and prepare plans in this behalf; (b) make and op-an new navigable channels; (c) clear, widen, deepen or divert or otherwise improve the channels; (d) provide or permit setting up of infrastructural fac!lities; (e) carry out conservancy measu1'es and training works and do all other acts-neeassary for the safety and convenience of shipping and navigation and improvement of the national waterway; (f> control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterway 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; (g) remove or alter any obstruction or impediment in the national waterway an1 the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or hnpediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwi9'e, after making compeo'ltion to person suffering d:lmage by such removal or alteration; (h) provide far the regulation of navigation and traffic (including the rule of the road) on the national wat-arway; (i) regulate the construction or alteration of structures on, across or under the national waterway; (j) perform such other fu~ctions as may be necessary to carry out the purposes of this act (3) any dispute arising out of or concerning the compensation r~ferred to in clause (g) of sub-'section (2) shall be determined according to  the law relating to like disputes in the case of land required for public purpoles, c;:xpt=ul\:lll ",o~u ,",0 j,ui 1!1e puqjodtlli ul \'ui/li n~l, lh'l·\!clui:u'iy' 101' tb'c: pw'l'~t: 01 ullictuu:gmg lls l'e:opunslll!llty wlqtll' sec\&oil ~, extu:ci&e any iui'ilswcliou, l'lgll~ 01 ljowel' wilu ,l't::;ilecl \0 looe na~~onl:u wglc:l'way 01: calli ii;ulu:i 01' :nu'al>uuclul~ appunenalll lilel'eto wwcll it coulu nave ea:el'cllieu 11 1m: 11(l110ua1 watw'way emu tne lanas ana mlrasttuclu!'tl appul'\t:!llcllll lut:,l'tllo nail oeen vel:ileu 1n yla1 govenunent ijy \luii 8ub-l:ie~lon \2) 1f ally dispute al'lses ali to wheth:c!i' any lanct ur 'ii'll'ucuct: is iii land 01' luln411i"'·uclul'e appw  itl1liull to \ne na110nal wale,,'way, we (;entnu \jovt:i·llmell1 ana tlle o1ilel' party or partles \0 \ile uliiipule llinall enueavow' ·~o l'eliolve "de wspute ijy negollcltlolls 01' cotlcllialioll m :ouch mcmner as may be prescl'ibed rights etc, of central govern_ ment with respect to national waterway,lands and infrastruetureappurtenant thereto \j) i~01withstandmg any1hing contaln\:!d in sub-seclion (2), if the centred government conslilen:; whether before :nitiating action ior resolving a dispulot! by negou  uolls 01' ~ojlciliatlon or al any stage aiter inlllating sucn action, thal loile ilispuie ls of sue!l a nature that it is necessary or expedient to refer h to al'klitration, the centj:al government shall, in such iol'm and in such manner as may be prescribed, reler the matter in dispute to an arbitrator who shall be appointed by the chief ju-stice of india - - , ~  - ",,  ~  (4) the arbitrator may appomt two or more persons as alisessors to assist him in the proceedings b-eiore him (5) the decision of the arbitrator shall be final and binding on the parties to the dispute and 'iohall be given effect to by them (6) nothing in the arbitration act, 1940 shall apply to any arbitration 10 of 1940 und~r this section 3m of 1963, application, eae, ot certain laws 7 (1) the provisions of this act shall be in addition to the provisions of the major port trusts act, 1963 and in particular nothing in this act shall affect any jurisdiction, functions, powers or duties required to be exercised, per10rmed or discharged under the major port trusts act, 1963 by the board of trustees for the major port of calcutta or by any officer or authority in, or in relation to, the portion of the national waterway falling within the limits of the said port (2) nothing in this act shall affect the operation of the inland vessels act, 1917 or any other central act (other than the major port trusts 1 of 1917 act, 1963) or any state or provincial act in force immediately before 38 of 1963 the commencement of this act with respect to shipping and navigation on the waterway declared by section 2 to be a national waterway but any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by a state government,or any officer or authority su~-dinate to a state government, under any such act in so far as such jurisdiction, functions, p'owers or duties relates or relate to shipping and navigation on the said waterway or any matter incidental thereto or otherwise connected therewith, shall after such commencement be exercised, performed or discharged by the central government (3) the centul government may, by notification in the official gazette, direct that any jurisdiction, functions, powers or duties which it may exercise, perform  or discharge by virtue of the provisions ofaubsection (2) under any act referred to in that sub-section shall, subject to such conditions, if any, as may be specified in the notification, be exercised, perfonned or discharged also by-(4) such officer or authority subordinate to the central government, or (b) such state government or offi~r or authority subordinate to a state government, as may be specified in the notificaflioll 8 (1) subject to any rules made in this behalf, the contral government may from time to time codititute one or more advisory committees to advise the central government on matters concerning the administration of this act (2) the advisory committee or the advisory committees referred to in sub-section (1) shall consist of such number of persons to repra'sent the interests connected with shipping and navigation and allied aspects as the central government may deem fit 9 (1) the central government may, by notification in the oftlcial gazette, levy fees at such rates as may be laid down by' rules made in this behalf :£or services or benefits rendered in relation to the use of the national waterway for the purposes of navigation, infrastructural facilities, including facilities for passengers and faciliti·es relating to berthing of vessels, handling of cargoes and storage of cargoes fees for lenice ot" fits reoderedin the naional waterway (2) the fees levied under sub-section (1) shall be collected in 'such manner as may be prescrib-ed power to enter 10 subject to any rules made in this behalf, any officer subordinate to the central government or to a state, government or to any authority subordinate to the central government or a state government who is authorised in this behalf by the central government by notification in purposes of this act, at all reasonable times, enter upon any land or premises and-(a) make any inspection, survey, measu1'ement, 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 officer 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 11 whoever-penalties (a) destroys, pulls down, removes, injures or defaces any pillar, "post or stake or marks fixed on the national waterway and the appurtenant land, or any notice or other matter put up, inscribed or placed under this act, or (b) obstructs any person from exercising his powers and performing his functions under this act, or (c) damages any works or property belonging to the centr"l government, or (d) fails to furnish any information required for the purposes of this act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both power to delegate l2' the central government may, by notification in the official gazette, direct that any function, power (except the powers under sections 14 and 15) or duty which it may perform, exercise or discharge under this act shall, subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by-(a) such officer of authority subordinate to the central government, or (b) such state government or officer or authority subordinate to a state government, as may be specified in the notification 13 no suit, prosecution or other legal proceeding shall lie against the central government or a state government or an authority subordinate to such government or an officer subordinate to such government or authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this act protection of action taken in good faith 14'- (1) the central government may, by notification in the official gazette, m~ke rules for carrying out the purposes of this act power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the manner in which, and the conditions subject to which, any function in relation to the matters referred to in section 5 may be performed; (b) the rule of the road on the national waterway; (c) the safe, efficient and conveni~nt use, management and control of the infrastructures and infrastructural facilities; (d) the reception; porterage, storage and removal of goods brought on the 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;  (e) regulating, declaring and defining the docks, wharves, jetties, landing 'stages on which goods shall be landed from vessels and shipped on board vessels; (1) regulating the manner in which, and the conditions under which, the loading and unloading of vessels on the national waterway shall be carried out; (g) the exclusion from the national waterway of disorderly or other undesirable persons and of trespassers;  (h) the manner in which the central government shall endeavour to resolve, under sub-section (2) of section 6, the disputes referred to therein, the form and manner in which such disputes may be referred, under sub-section (3) of that section to arbitration and the procedure to be followed in such arbitration proceedings; ·(i) the composition of the advisory committees, the term of office of members of such committees, the allowances, if any payable to them, and the manner in which the advisory committees shall conduct their business;-(j) the rates at which fees for services and benefits referted to in section 9 may be levie'd and the manner in which such fees· shall be collected; (k) the conditions and restrictions with respect to the exercise of the power to enter under section 10 and the matters referred to in clause <i) of that section; (l) the periodical inspection of the national waterway and the submission of the inspection reports to the central government; (m) the reports on works carried out on the national waterway; (n) 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 (3) any rules made under this act may pravide that a breach thereof shall be punishable with fine which may extend to one thousand rupees and where the breach is a continuing one with further fine which may extend to one hundred rupees for every day after the first during which such breach continues (4) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more succ~ssive 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 both houes agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be ot 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 removal of difficulties 15 (1) if any difficulty arises in giving affect 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 it to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of three years from the commencement of this act (2) every order made under this section shall be laid, as jloon as may be after it is made; before each house of parliament  - - - - -  a billto 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 (shri z r ansari, minwter of state of the mimbtry of shipimg and transport) 