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Analysing The Draft Inland Vessels Bill, 2020: Governing the Inland Waterways
By Harshita Palrecha & Dhruv Nyayadhish
India is enriched with a variety of navigable waterways comprising river systems, canals, back waters, creeks, streams, lakes and tidal inlets. These water ways are used for a number of activities including sourcing drinking water, fishing, transportation, commercial recreational activities among others. This article aims to analyze the Draft Inland Vessels bill which proposes to streamline and regulate how vessels travel in the inland water fields of India.
Introduction
The Inland vessels Act, 1917 (“the Act”) was brought into force in India for the effective governance & regulation of the vessels surveying the inland waters. The Act was first introduced in the pre-independence era and has subsequently been amended. In 2007, the Inland Vessels (Amendment) Act, 2007 was passed, which came into force on 21st February 2008. It was an effective step to address the limitations of the Act such as pollution, insurance regime, imposing conditions on the movement of inland vessels from one state to another and penalties.
To further revamp the law on Inland Vessels, the Ministry of Shipping drafted the Draft Inland Vessels Bill, 2016 which was however not introduced in the parliament. The Draft Inland Vessels Bill, 2020 (“bill”) is another attempt to repeal the existing act of 1917 and lay down a framework addressing the changes under the current system and delegate the Central and State Governments the authority to prescribe rules, standards in accordance with the specific provisions of the bill.
Analysis
The Bill broadens the scope of the very definitions thereby inserting additional provisions and referencing all legislations. Chapter I of the bill also incorporates the Inland Vessels (Amendment) Act 2007 (“the amendment”) which made amendments to the Act apart from the new amendments proposed by the bill itself. It defines various aspects notably―central database, dangerous goods or dangerous cargo, fishing vessel, hazardous chemical or obnoxious substance, etc.
Among the important definitions which are expanded via the amendment, it has expanded the definition of ‘inland vessels’ under section 3(16) of the bill. As per the bill, an inland vessel includes all mechanically propelled inland vessels or non-mechanically propelled inland vessels and registered, plying in the inland waters but the definition provides for an exception to fishing vessels and vessels which are not considered to be inland vessels as per Central Government notification.
The new proposed bill also expands and amends the following definitions: — It enlarges the definition of ‘inland waters’, under section 3 (17) of the proposed bill by including tidal water limit and national waterways declared by the Central Government. Under section 3(23), the definition of ‘mechanically propelled inland vessel’ has been expanded, by including any inland vessel in the inland waters which is propelled by mechanical means of propulsion, and or floating units, floating surfaces, dumb vessels, barges, rigs, jetties or such other non-mechanically propelled inland vessel, which is towed or pushed with the assistance of another mechanically propelled vessel and used for carriage, storage, transportation and accommodation of passengers and cargo in or through inland waters. Subsequently non-mechanically propelled inland vessels are defined as those which fall out of the preview of section 3(23).
Chapter II of the bill prescribes the administrative role of the Central Government and State Government. This chapter has been newly added and constitutes a major addition in the view to expand the scope of the act. Under this chapter, the Central Government is empowered to appoint competent authorities and the State Government is mandated to appoint designated authorities within their own jurisdiction.
Chapter III deals with a survey of inland vessels. As per section 5 of the bill the power to classify and categorize the survey shall lie with the State Government. With reference to the construction of any mechanically propelled inland vessel and any alteration or modification affecting the strength, stability or safety vessels, the prior approval of the adjudicating authority has to be taken under section 6. This chapter enumerates further provisions for Survey of vessels, the Appointment and qualifications of surveyors and their powers. As per section 10 the grant of certificate of survey and procedures will be as performs prescribed by the central government. However, the State Government is the issuing authority for the certificate and oversees compliance.
Under section 12 it is mandated that mechanically propelled inland vessels shall not proceed without a certificate of survey and such certificate should also specify the zone set out. In cases of contravention certificate of survey expires or is cancelled/ suspended the owner or master has to return the above-mentioned certificate as under section 14.
The registration requirements for the inland vessels as mandatory in nature under Chapter IV of the bill is modified to ease with the current developments by laying down the ownership requirements, creation of a Central Database of inland vessels under section 20 and the obligation to carry a certificate of registration with every passage as required under Section 17. The addition of a central database is a new introduction and seems to be promising in making procedures and identification more uniform throughout the country and thus can be construed as a reformative addition.
Chapter V of the bill deals with Manning, Qualifications, Training Examination and certification. It prescribes the minimum age of eighteen years for employment on the mechanically propelled vessels and minimum manning scale. Under the bill, the provisions as to licenses and certificates held by master and engineer of a vessel based on the horsepower are repealed.
Chapter VI of the Bill introduces the concept of ‘special category vessels’ and is defined under section 3 (43) in accordance with new technologies. The Central Government is given special powers under section 40 of the bill to classify these vessels and lay down such standards which will further be implemented by the State Government.
Chapter VII of the bill deals with the core functions of Navigation, Safety and Signals. The specifications as to lights and signals, equipment based classification, fog and distress signals, exhibition protocols of the mechanically propelled vehicles shall be compiled as notification drawn by the central government. Further, the mechanically propelled vehicles shall be under an obligation to adopt necessary measures to prevent collision and to ensure safe navigation through inland waters and provide necessary assistance to the vessels in distress. The class as notified by the Central Government shall also ensure that the vessels are equipped with Life-saving, fire safety and communication appliances. This seems to be in accordance with international standards of safety or in any case an attempt to lift safety standards has been made.
Chapter VIII of the bill deals with pollution control measures of Inland Vessels. Pollution under the Act was added under the 2007 amendment. This bill directs the Central Government to designate a list of chemicals, substances etc as pollutants. Pollution certificate shall be issued for the mechanically propelled vehicles and the Reception facilities, containment of pollution shall be as prescribed by the Central Government.
Chapter IX of the bill deals with another important aspect of the industry; Wreck and Salvage. It puts the onus on the owner, operator, master or person in charge of a vessel plying in inland waters to not abandon, desert, dump, throw overboard or jettison the vessel or property or parts or cargo so as to cause wreck as per section 55. In case the wreck is in possession of any person other than the owner the same shall be handed over as per section 56(3). Section 57 highlights the powers of the Central Government to prescribe measures and guidelines.
Chapter X of the Bill introduces the provisions as to Liability and limitation of liability under the act. Any person beneficially interested otherwise than by way of mortgage shall also be liable for pecuniary penalties. This provision puts the flag of responsibility on extended stakeholders. The division of loss under Section 59 between two or more mechanically propelled vehicles shall be in proportion to the degree in which each of such vessels was at fault and shall be in compliance with other requirements of section 59 of the Act.
In the current Act for the Insurance or mechanically propelled vessels against third party risks the provisions of the Motor Vehicles Act, 1988 shall apply. This bill under Chapter XI aims to clarify the insurance norms for these vessels with respect to the insurance cover, contractual liability and the power of the Central Government to prescribe the terms and conditions. The applicability of the Motor Vehicles Act, 1988 is repealed under this bill.
Chapter XII of the bill deals with the casualty and investigation provisions. Through section 72 the bill proposes the appointment of designated authority for Reporting casualty, accident or wreck. The Preliminary enquiry and investigation is to be conducted by such appointed authority through section 73. This chapter also deals with the appointment of Assessors, their powers and duties as highlighted under section 74. The investigations conducted under this chapter shall be reported by the court to the State Government and published in the official gazette as per section 75. The court derives powers from the subsequent conclusion of investigation through section 76. It also vests power with the State Government to suspend, cancel and confiscate certificates subject to the jurisdiction of the state and conditions laid down under section 77.
Among the other powers, the Central and State government are also directed to regulate the trade practices to protect interests of service providers and service users (Chapter XIII) and to provide a list of prohibited dangerous goods, designate the requirement of pilotage, detention of mechanically propelled vehicles from the inland waters or forfeiture on non-compliance with certain requirements under the act and constitute a development fund to be utilized in emergency and other necessities. (Chapter XIV)
Chapter XV deals with offences and penalties. The Inland vessels (amendment) act, 2007 inserted new sections 62D (Punishment for offences relating to pollution) and 62E (Offences by companies). The bill has inserted penalty provisions via section 86 for Offences by company. Section 86 deals with offences by limited liability partnership firm. Provisions related to Fees, additional fee, penalty, payment and collection and inserted through section 87. It further states that Cognizance of offence cannot be taken by any court except upon a complaint in writing made by the Central Government or any officer authorized by the State Government as per section 88 of the bill. This is to be read with the Schedule 1 of the bill which categorically deals with sections and their respective penalties in cases of contravention.
Chapter XVI of the bill deals with the provisions as to Non Mechanically Propelled Inland Vessels as defined under section 3 (25). The State Government under section 89 of the bill may authorise a department for administration and direct them to lay down safety standards and control. The officers of the authorised department shall exercise its powers and duties to ensure the enrollment, administration and issue certificate.
Conclusion
The Draft Inland Vessels Bill, 2020 can be construed as a reformative, remedial and a game-changer to the present Inland Vessels Act, 1917. The bill addresses the quintessential need for the act to be reformed as per new standards of safety and environment regulation as well as equally addressing the current technology changes. The bill provides for ease of procedure thereby eliminating the restrictive shackles of a complex procedure. The Ministry of Water Resources, River Development and Ganga Rejuvenation have invited views of the public on the said bill, to be introduced, discussed and deliberated in the parliament.
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This story has been written by Harshita Palrecha & Dhruv Nyayadhish, University of Mumbai, BBA.LL.B (Hons.), Candidate, 2021.
Dhruv Nyayadhish and Harshita Palrecha are final year law students of the University of Mumbai. They have several publications in National and International Journals and continue to pursue knowledge & spread awareness through there writings.
