THE INLAND VESSELS ACT, 1917

An Act to consolidate the enactments relating to 2*Inland Vessels.

CHAPTER IPRELIMINARY

 

1.Short title and extent.

 

1. Short title and extent. (1) This Act may be called the [Inland
Vessels] 8* Act, 1917.4*[(2) It extends to the whole of India except the State of Jammu and Kashmir:

5*[Provided that it shall not come into force in any part of the territories which on the 31st day of March 1936, were included in the
Province of Madras or which on the 31st day of October, 1956, were included in the State of Travancore-Cochin, unless the State
Government concerned, by notification in the Official Gazette, so directs.]

2.Definitions.

2. Definitions. 6*[(1)] In this Act, unless there is anything repugnant in the subject or context,–

7*[(a) “inland vessel” or “inland mechanically propelled vessel” means a mechanically propelled vessel which ordinarily plies on any inland water;]

6*[(b)] “inland water” means any canal, river, lake or other navigable water 5***;

7*[(c) “mechanically propelled vessel” means every description of vessel propelled wholly or in part by electricity, steam or other mechanical power]

6*[(d)] “passenger” includes any person carried in a
10*[mechanically propelled vessel] other than the master and crew and the owner, his family and servants;

———————————————————————-
1. This Act has been amended in Bengal by Ben. Act 7 of 1940. This
Act came into force on 1st June, 1917, vide Gazette of India,
1917, Pt. I., P. 988.Extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Sch.

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of
1963, s. 3 and Sch. I.
2. Subs. by Act 35 of 1977 s. 2, for “steam-vessel” (w.e.f.1.5.1978).
3. Subs. by s. 3, ibid., for “steam-vessel” (w.e.f. 1.5.1978).
4. Subs. by Act 26 of 1951, s. 2, for sub-sections (2) and (3).
5. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for the former proviso.
6. Cl. (c) renumbered by Act 35 of 1977, s. 6 (w.e.f. 1.5.1978).
7. Ins. by s. 6, ibid. (w.e.f. 1.5.1978).
8. For power to define how much of any tidal water shall be deemed to be an “inland water”, see s. 70, infra.
9. The words “in the Provinces” omitted by the A. O. 1950.
10. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978)

116.1*[(e)] “prescribed” means prescribed by any rule under this
Act;

3* * * * *

1*[(f)] “survey” means the survey of a 3*[mechanically propelled vessel] under this Act;

1*[(g)] “surveyor” means a surveyor appointed under this
Act; and

1*[(h)] “voyage” includes the plying of a 2*[mechanically propelled vessel] at or about any place.

4*[(2) Any reference to the Inland Steam-vessels Act, 1917 (1 of
1917), in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Inland Vessels
Act, 1917.]

CHAPTER II 1*SURVEY OF INLAND 2*[MECHANICALLY PROPELLED VESSELS

]

 

3. Inland 3*[mechanically propelled vessel] not to proceed on voyage or to be used for service without certificate of survey. (1) An inland 3*[mechanically propelled vessel] shall not proceed on any voyage, or be used for any service unless she has a certificate of survey in force and applicable to such voyage or service.

(2) Nothing in this section shall apply to any 2*[mechanically propelled vessel] proceeding on a voyage during the interval between the time at which her certificate of survey expires and the time at which it is first practicable to have the certificate renewed.

4.Appointment of surveyors and places of survey.

4. Appointment of surveyors and places of survey. (1) The State
Government may, by notification in the Official Gazette,–

(a) declare such places, within the territories under its administration, as it thinks fit, to be places of survey, and

(b) appoint so many persons to be surveyors at the said places as it thinks fit, for the purposes of this Act.

(2) Every surveyor shall, for the purposes of any survey made by him, be deemed to be a public servant within the meaning of the Indian
Penal Code. (45 of 1977).

5.Powers of surveyors.

5. Powers of surveyors. (1) For the purposes of a survey, the surveyor may, at any reasonable time, go on board any inland
2*[mechanically propelled vessel] and may inspect the 2*[mechanically propelled vessel] and every part thereof, including the hull, boilers,
———————————————————————-
1. Reletted by Act 35 of 1977, s. 6 (w.e.f. 1.5.1978).
2. Cl. (5) omitted by s. 6, ibid. (w.e.f. 1.5.1978).
3. Subs. by s. 5. ibid., for “steam-vessel”.
4. Ins. by Act. s. 6, ibid. (w.e.f. 1.5.1978)

117.engines and other machinery, and all equipments and articles on board:

Provided that he shall not unnecessarily hinder the loading or unloading of the 1*[mechanically propelled vessel] or unnecessarily detain or delay her from proceeding on any voyage.

(2) The owner, master and officers of the 1*[mechanically propelled vessel] shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the
1*[mechanically propelled vessel] and her machinery or any part thereof, and all equipments and articles on board, as he may require for the purposes of a survey.

6.Fees in respect of surveys.

6. Fees in respect of surveys. Before a survey is commenced, the owner or master of the 2*[mechanically propelled vessel] to be surveyed shall pay to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf–

(a) a fee calculated on the tonnage of the 1*[mechanically propelled vessel] according to the rates mentioned in
Schedule I, or according to any other prescribed rates;
and

(b) when the survey is to be made in any place of survey other than Calcutta, Madras, 2*[or Bombay], such additional fee in respect of the expense (if any) of the journey of the surveyor to the place as the State
Government may by such notification direct.

7.Declaration of surveyor.

7. Declaration of surveyor. When the survey of a 1*[mechanically propelled vessel] is completed, if the surveyor making it is satisfied that–

(a) the hull, boilers, engines and other machinery of the
1*[mechanically propelled vessel] are sufficient for the voyage or service intended and in good condition, and

(b) the equipments of the 1*[mechanically propelled vessel]
and the certificates of the master and engineer are such and in such condition as are required by any law for the time being in force as and applicable to the
1*[mechanically propelled vessel],

the surveyor shall forthwith give to the owner or master a declaration in the prescribed form containing the particulars mentioned in clauses
(a) and (b), and the following further particulars, namely:–

(i) the time (if less than one year) for which the hull, boilers, engines and other machinery and equipments of the 1*[mechanically propelled vessel] will be sufficient;
———————————————————————-
1. Subs. by Act 35 of 1977, S. 5, foor “dtem-vessel” (w.e.f.
1.5.1978).
2. Subs. by the A. O. 1937. for “Bombay or Rangoon”.

118.(ii) the limit (if any) beyond which, as regards the hull, boilers, engines and other machinery or equipments, the
1*[mechanically propelled vessel] is in the surveyors judgement not fit to ply;

(iii) the number of passengers (if any) which the
1*[mechanically propelled 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 such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances, as the case requires; 2*xxx

2*[(iiia) the nature and quantum of cargo which the mechanically propelled vessel is, in the judgment of the surveyor, fit to carry; and]

(iv) any other prescribed particulars.

8.Sending of declaration by owner or master to State Government.

8. Sending of declaration by owner or master to State Government.
(1) The owner or master of a 1*[mechanically propelled vessel] to whom a declaration is given under section 7 shall, within fourteen days after the date of the receipt thereof, send the declaration to such officer as the State Government may, by notification in the Official
Gazette, appoint in this behalf.

(2) If any owner or master fails to send a declaration as required by sub-section (1), he shall forfeit a sum not exceeding five rupees for every day during which the sending of the declaration is delayed.

9.Power for State Government to grant or authorise the grant ofcertificates of survey.

9. Power for State Government to grant or authorise the grant of certificates of survey. (1) The State Government shall, if satisfied that all the provisions of this Act have been complied with in respect of a declaration sent under section 8, cause,–

(a) a certificate of survey, in duplicate, to be prepared, and

(b) notice thereof to be given by post or otherwise to the owner or master of the 1*[mechanically propelled vessel] to which the certificate relates.

(2) On application made by the owner or master to such officer at the place of survey as the State Government may, by notification in the Official Gazette, appoint in this behalf, and on payment to such officer by the owner or master of the sum (if any) forfeited by him under section 8, sub-section (2) (the actual amount of which within the limit thereby fixed shall be determined by the State Government), the certificate, in duplicate, so prepared shall be granted to the owner or master by the State Government and issued to him through such officer.

(3) A certificate granted under this section shall be in the prescribed form, shall contain a statement to the effect that all the
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).
2. Omitted by s. 7. ibid (w.e.f. 1.5.1978).
3. Ins. by s. 7, ibid. (w.e.f. 1.5.1978).

119.provisions of this Act with respect to the survey of the
1*[mechanically propelled vessel] and the declaration of survey have been complied with, and shall set forth–

(a) the particulars concerning the 1*[mechanically propelled vessel] mentioned in the declaration of survey as required by clauses (i), (ii) and (iii) of section 7, and

(b) any other prescribed particulars.

(4) The State Government may, by notification in the Official
Gazette, delegate to any person all or any of the functions assigned to the State Government under this section:

Provided that no delegation shall be made under sub-section (2)
so as to authorise the grant of a certificate of survey by the surveyor who made the declaration of survey under section 7.10.Certificate of servey to be affixed in conspicuous part of1*[mechanically propelled vessel].

10. Certificate of servey to be affixed in conspicuous part of
1*[mechanically propelled vessel]. The owner or master of every
1*[mechanically propelled vessel] for which a certificate of survey has been granted, shall forthwith, on the receipt of the certificate, cause one of the duplicates thereof to be affixed and kept affixed so long as it remains in force and the 1*[mechanically propelled vessel]
is in use, on some conspicuous part of the 1*[mechanically propelled vessel] where it may be easily read by all persons on board.

10A.

Effect of certificates of survey.

2*[10A. Effect of certificates of survey. A certificate of survey shall have effect throughout the State in which it was granted:

Provided that such a certificate may be endorsed by the State
Government of any other State, or with the general or special sanction of the State Government of that other State, by the authority granting it, so as to have effect in that other State or any part thereof, and, if so endorsed shall have effect accordingly.]

11.Term of certificates of survey.

11. Term of certificates of survey. A certificate of survey shall not be in force 1*[in any State]–

(a) after the expiration of one year from the date thereof;
or

(b) after the expiration of the period (if less than one year) for which the hull, boilers, engines or other machinery, or any of the equipments of the
1*[mechanically propelled vessel] to which the certificate relates have been stated in the certificate to be sufficient; or

(c) after notice has been given 2*[by the State Government of the State in which it was granted], to the owner or
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).
2. Ins. by the A. O. 1937.3. Subs. by “by any L. G.”.

120.master of such 3*[mechanically propelled vessel] that such State Government has cancelled or suspended it.

2*[A certificate of survey shall not be in force in any State by virtue of any endorsement in respect of that State, after notice has been given by the State Government of that State, to the owner or master of a 1*[mechanically propelled vessel] that that Government has cancelled or suspended the endorsement.]

12.Renewal of certificates of survey.

12. Renewal of certificates of survey. After a certificate of survey has ceased to be in force, the same shall only be renewed after a fresh survey of the 1*[mechanically propelled vessel] to which the certificate relates, has been held in accordance with the provisions of this Chapter, save so far as any relaxation thereof may be prescribed.

13.Power for State Government to suspend or cancel certificate of survey.

13. Power for State Government to suspend or cancel certificate of survey. 3*[A certificate of survey or any endorsement thereon made under section 10A may be suspended or cancelled by the Government of the State in which the certificate was granted or in respect of which the endorsement was made, as the case may be, if that Government has reason to believe]–

(a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers, engines or other machinery or of any of the equipments of the
3*[mechanically propelled vessel] has been fraudulently or erroneously made ; or

(b) that the certificate has otherwise been granted upon false or erroneous information ; or

(c) that since the making of the declaration the hull, boilers, engines or other machinery, or any of the equipments of the 3*[mechanically propelled vessel]
have sustained any material injury, or have otherwise become insufficient.

14.Power for State Government to require delivery of expired or cancelledcertificate.

14. Power for State Government to require delivery of expired or cancelled certificate. The State Government may require any certificate of survey, which has expired or has been suspended or cancelled, to be delivered up to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf.

2*[Where an endorsement on any certificate of survey for any
State has been suspended or cancelled, the State Government of that
State may require the certificate of survey to be delivered up to such officer as that Government may by notification in the Official Gazette
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).
2. Ins. by the A. O. 1937.3. Subs., ibid., for cetain words.

121.appoint in this behalf, in order that particulars of the suspension or cancellation of the endorsement may be noted on the certificate.]

15.Report of suspension or cancellation of certain certificates.

15. Report of suspension or cancellation of certain certificates.
1*[If a State Government suspends or cancels an endorsement made under section 10A on a certificate of survey, it] shall report the fact of suspension or cancellation, together with the reasons therefor, to the
State Government which (or whose delegate) granted the certificate.

16.Power for State Government to direct survey by two surveyors.

16. Power for State Government to direct survey by two surveyors.
A survey shall ordinarily be made by one surveyor, but two surveyors may be employed if the State Government, by order in writing, so directs either generally in the case of all 2*[mechanically propelled vessels] at any place of survey, or specially in the case of any particular 2*[mechanically propelled vessels] or class of
2*[mechanically propelled vessels] at any such place.

17.Power for State Government to order a second survey.

17. Power for State Government to order a second survey. (1) If the surveyor making a survey of a 2*[mechanically propelled vessels]
refuses to give a declaration under section 7 with regard to the
2*[mechanically propelled vessels] or gives a declaration with which the owner or master of the 3*[mechanically propelled vessels] is dissatisfied, the State Government may, on the application of the owner or master, and the payment by him of such fee, not exceeding twice the amount of the fee payable for the previous survey, as the
State Government may require, direct two other surveyors to survey the
2*[mechanically propelled vessel].

(2) The surveyors so directed shall forthwith survey the
2*[mechanically propelled vessel] and may, after the survey, either refuse to give a declaration or give such declaration as, under the circumstances, seems to them proper.

(3) Any declaration given, or any refusal to give a declaration under sub-section (2), shall be final.

18.Division of duties when two surveyors employed.

18. Division of duties when two surveyors employed. When a survey is made by two surveyors under either section 16 or section 17, each of the surveyors shall perform the prescribed portion of the duties assigned to a surveyor under this Act or the rules made thereunder.

19.Power for State Government to make rules as to surveys.

19. Power for State Government to make rules as to surveys. (1)
The State Government may 2* make rules to regulate the making of surveys.
———————————————————————-
1. Subs. by the A. O. 1937, for certain words.
2. Subs. by Act 35 of 1977, S. 5, for “steam-vessel” (w.e.f.
1.5.1978).
3. The words “with the previous sanction of the G. G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I, Pt. I.

122.(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe–

(a) the times and places at which, and the manner in which, surveys are to be made;

(b) the duties of the surveyor making a survey and, where two surveyors are employed, the respective duties of each surveyor;

(c) the form in which declarations of survey and certificates of survey are to be framed, and the nature of the particulars to be stated therein under sections
7 and 9;

(d) the rates other than those mentioned in Schedule I
according to which the fees payable in respect of surveys are to be calculated in the case of all or any of the places of survey within the territories under its administration; and

(e) the cases in, and the extent to, which a survey may be dispensed with before the grant of a new certificate.

1*[CHAPTER IIAREGISTRATION OF INLAND 2*[MECHANICALLY PROPELLED VESSELS]

 

19A.

Inland mechanically propelled vessels not to proceed on voyage or beused for service without certificate of registration.

19A. Inland 2*[mechanically propelled vessels] not to proceed on voyage or be used for service without certificate of registration. (1)
An inland 2*[mechanically propelled vessel] shall not proceed on any voyage or be used for any service, unless it has a certificate of registration in force in respect thereof and granted under this Act.

(2) Nothing in this section shall–

(a) apply to any 2*[mechanically propelled vessel] built at any place other than a place of registry and making her first voyage to any such place for the purpose of registration; or

(b) be in derogation of the provisions contained in section
3.19B.

Place of registry and registering authorities.

19B. Place of registry and registering authorities. (1) The State
Government may, by notification in the Official Gazette,–

(a) declare such places within the territories under its administration as it thinks fit to be places of registry; and

(b) appoint registering authorities at the said places for the purposes of this Act.
———————————————————————-
1. Ins. by Act 26 of 1951, s. 3.2 Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f.
1.5.1978).

123.(2) Every person appointed as a registering authority shall, for the purposes of any registration made by him, be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

19C.

Book of registration.

19C. Book of registration. At every place of registry, a book shall be kept by the registering authority in which all the particulars contained in the form of the certificate of registration shall be duly entered and such registering authority shall, immediately after registering any inland 1*[mechanically propelled vessel] or within one month at the furthest, send to the State
Government a true and exact copy, together with the number, of every certificate which shall be so granted by it.

19D.

Application for registration.

19D. Application for registration. An application for registration of an inland 1*[mechanically propelled vessel] shall be made by the owner or master of the vessel in such form and shall contain such particulars as may be prescribed and shall be accompanied by a copy of the certificate of survey in force issued in respect of the vessel.

19E.

Places of registration.

19E. Places of registration. (1) Every application for registration shall be made to a registering authority within the local limits of whose jurisdiction thne owner of the inland 1*[mechanically propelled vessel] ordinarily resides or carries on business.

(2) Where the owner applying for a certificate of registration is a company 2*[within the meaning of section 3 of the Companies Act,
1956 ( 1 of 1956)] the application may be made to a registering authority within the local limits of whose jurisdiction the principal office of the company is situate.

(3) Notwithstanding anything contained in this section, an inland
1*[mechanically propelled vessel] may be registered by a registering authority in any State, although the owner does not ordinarily reside or carry on business in that State or, if a company, the principal place of business of the company is not situate in that State:

Provided that the Government of the State in which the owner ordinarily resides or carries on business, or in the case of a company the Government of the State where the principal place of business of the company is situate, has accorded its previous approval thereto.

19F.

Grant of certificate of registration.

19F. Grant of certificate of registration. (1) If, in respect of any inland 1*[mechanically propelled vessel] the registering authority, after making such inquiry as it thinks fit, is satisfied that
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978)
2. Subs. by s. 8, ibid, for registred under the compnies Act, 1912.(7 of 1912) (w.e.f. 1.5.1978).

124.the provisions of this Act or of any rules made thereunder have been complied with, it shall grant to the applicant therefor a certificate of registration comprising such particulars as may be prescribed on payment of the prescribed fee.

(2) A registering authority may refuse to register an inland
1*[mechanically propelled vessel], if she is found to be mechanically defective, or if the applicant fails to furnish satisfactory evidence in support of any of the statements made in his application:

Provided that where the registering authority refuses to register any inland 1*[mechanically propelled vessel], it shall furnish to the applicant a statement in writing containing the reasons for such refusal.

2* * * * *

19H.

Marking of inland 1*[mechanically propelled vessel].

19H. Marking of inland [mechanically propelled vessel]. Where an inland 1*[mechanically propelled vessel] has been registered under this Chapter, the registering authority shall assign to the vessel, to be displayed thereon conspicuously in the prescribed manner, a distinguishing mark, hereinafter in this Act referred to as the registration mark.

19I.

Prohibition against transfer of certificate of registration.

19I. Prohibition against transfer of certificate of registration.
(1) A certificate of registration granted in respect of any inland
1*[mechanically propelled vessel] shall be used only for the lawful navigation of that vessel.

(2) A certificate of registration in respect of an inland
1*[mechanically propelled vessel] issued by a registering authority in one State shall be valid for that State only, but where any such vessel plies in 3*[inland waters of any other State] nothing in this section shall be deemed to require the owner or master of the vessel to obtain a fresh certificate of registration in relation to the State or States in which the vessel is not so registered:

4* * * * *

5*[(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 of registry from the registering authority of the place where the vessel is registered.]
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).
2. S. 19 G omitted by s. 9, ibid. (w.e.f. 1.5.1978).
3. Subs. by s.10, ibid., for “inland waters of more than one state”
(w.e.f. 1.5.1978).
4. Proviso ometted by s. 10, ibid. (w.e.f.1.5.1978).
5. Ins. by s. 10, ibid. (w.e.f 1.5.1978).

125.19J.

Registration of alterations.

19J. Registration of alterations. (1) When an inland
1*[mechanically propelled vessel] is so altered as not to correspond with the particulars relating to her or the description entered in the certificate of registration then the owner of the vessel shall, within such period as may be prescribed, make a report of such alteration to the registering authority of the place where the vessel is registered.

(2) The report under sub-section (1) shall be made in such form and shall contain such particulars with respect to the alteration as may be prescribed and shall be accompanied by the certificate of registration in force in respect of the vessel at the time of the report.

(3) The registering authority, on receipt of the report under sub-section (1) and on payment of the prescribed fee, shall either cause the alteration to be registered or direct that the vessel be registered anew:

Provided that where the registering authority directs that the vessel be registered anew, it shall either grant a provisional certificate describing the vessel as altered or provisionally endorse the particulars of the alteration on the existing certificate.

(4) Any provisional certificate granted or endorsement made under the provisions of this section shall be valid for a period of one month from the date thereof, within which period the owner shall cause all necessary steps to be taken to have the vessel registered anew.

19K.

Transfer of registry.

19K. Transfer of registry. (1) The registry of an inland
1*[mechanically propelled 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 2*[the registering authority of the
State in which the vessel is kept.]

(2) On receipt of such application, the registering authority shall transmit notice thereof to 2*[the registering authority of the place where the vessel is registered.]

2*[(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.

(4) On receipt of the application under sub-section (1) and the prescribed fee, if any, the registering authority of 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.

(5) A State Government may make rules under section 19R requiring the owner or master of an inland mechanically propelled vessel not registered within the State which is brought 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 mechanically propelled vessel and its registration as may be prescribed.
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).
2. Subs. by s. 11, ibid., for sub-sections (3) and (4) (w.e.f.
1.5.1978).

126.19L.

Change of residence or place of business.

19L. Change of residence or place of business. (1) If the owner of an inland 1*[mechanically propelled vessel] ceases to reside or carry on business at the address recorded in the certificate of registration of the vessel, he shall, within thirty days of the change of address, intimate his new address to the registering authority by which the certificate of registration was granted, or, if the new address is within the jurisdiction of another registering authority, to that registering authority, and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered thereon.

(2) Where a registering authority other than the original registering authority makes any such entry, it shall communicate the new address to the original registering authority.

19M.

Prohibition against transfer of ownership of registered vessel.

19M. Prohibition against transfer of ownership of registered vessel. (1) An inland 1*[mechanically propelled 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:

Provided that where an inland 1*[mechanically propelled vessel]
is 2*[registered or deemed to be registered under the Merchant
Shipping Act, 1958 (44 of 1958)] 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.

(2) Subject to the provisions of sub-section (1), the owner of an inland 1*[mechanically propelled vessel] registered under this Act and the transferee thereof shall, within thirty days of the transfer of ownership of the said vessel to the transferee, jointly make a report of the transfer to the registering authority within the local limits of whose jurisdiction the transferee resides or carries on business and shall also forward the certificate of registration to that registering authority, together with the prescribed fee, in order that particulars of the transfer of ownership may be entered thereon.

19N.

Suspension of certificates of registration.

19N. Suspension of certificates of registration. (1) A
registering authority may suspend, for such period and subject to such conditions as it thinks fit, the certificate of registration of an inland 1*[mechanically propelled vessel], if it has reason to believe that after the granting of the certificate the vessel has become unfit to ply in inland waters.
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for steam-vessel” (w.e.f.
1.5.1978).
2. Subs. by s. 12, ibid., for cetain words (w.e.f. 1.5.1978).

127.(2) Where the registration of an inland 1*[mechanically propelled vessels] is suspended under sub-section (1) for a period of not less than one month, the registering authority ordering the suspension shall, if it is not the original registering authority, inform that other authority of the fact of such suspension.

(3) The registering authority suspending the certificate may require the owner or master of the vessel to deliver up the certificate so suspended to itself or, if it is not the original registering authority, to that other authority.

(4) A certificate of registration surrendered under this section shall be returned to the owner when the order suspending the certificate has been rescinded or has ceased to operate.

19O.

Cancellation of registration.

19O. Cancellation of registration. (1) If an inland
1*[mechanically propelled vessel] has been destroyed or has been rendered permanently unfit for service, the owner of the vessel shall, with the least practicable delay, report the fact to the registering authority of the place where the vessel is registered and shall also forward to that authority, along with the report, the certificate of registration of the vessel and thereupon the registering authority shall have the certificate of registration cancelled.

(2) Any registering authority may at any time require that any inland 1*[mechanically propelled vessel] within the local limits of its jurisdiction may be inspected by such authority as the State
Government may, by general or special order, appoint in this behalf and, if as a result of such inspection, the registering authority is satisfied that the vessel is in such a condition that it is not fit to ply in any inland water, the registering authority may, after giving the owner of the vessel an opportunity of being heard, cancel the registration of the vessel and require the owner thereof to surrender forthwith to the registering authority, the certificate of registration in respect of that vessel, if it has not already been so surrendered.

19P.

Appeals.

19P. Appeals. (1) Any person aggrieved by an order–

(a) refusing to register any inland 1*[mechanically propelled vessel] under section 19F; or

(b) suspending a certificate of registration under section
19N; or

(c) cancelling a certificate of registration under sub-
section (2) of section 19O,

may, within thirty days of the date on which he receives notice of such order, appeal against it to the State Government.
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).

128.(2) The State Government shall cause notice of every such appeal to be given to the registering authority concerned in such manner as may be prescribed, and after giving an opportunity to that authority and to the appellant to be heard shall pass such order thereon as it thinks fit.

19Q.

Reciprocity.

19Q. Reciprocity. Where the Central Government is satisfied that by the law or practice of any country outside India, inland
1*[mechanically propelled vessel] having a certificate of registration in force under this Act–

(a) obtain by reason of such registration any special exemption in that country while plying in the inland waters thereof, or

(b) are required as a condition of plying in the inland waters of that country to comply with any special requirement, whether by way of registration anew or payment of a fee or otherwise,

the Central Government may, by notification in the Official Gazette, for the purpose of reciprocity, direct that the same exemption or requirement, or an exemption or a requirement as similar thereto as may be, be granted to, or imposed upon, inland 1*[mechanically propelled vessel] registered in that country while plying in the inland waters of the territories to which this Act extends.

19QA

Mortgage of mechanically propelled vessel or share.

2*[19QA. Mortgage of mechanically propelled vessel or share. 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 vessel 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 propelled vessel”, “registering authority” and “book of registration”;

(b) in section 47, in sub-section (1), for the words “the registrar of the ships 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.”]

19R.

Power to make rules.

19R. Power to make rules. (1) The State Government may make rules to carry out the objects of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may–

(a) prescribe the powers, duties and functions of registering authorities and the local limits of their jurisdiction;

(b) prescribe the form of, and the particulars to be contained in, applications for, and certificates of, registration;

(c) provide for the form and manner in which books of registration shall be maintained under this Chapter;

(d) provide for the issue of duplicate certificates of registration to replace certificates lost, destroyed or mutilated;

(e) prescribe, subject to the approval of the Central
Government, the fees to be charged for the registration of inland 1*[mechanically propelled vessel] or for any other action to be taken by the registering authority under this Chapter, and provide for the exemption of any person or class of persons from payment of the whole or any part of any such fees;
———————————————————————-
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f.
1.5.1978).
2. Ins. by s. 13, ibid. (w.e.f. 1.5.1978).

129.(f) prescribe the period within which, and the manner in which, the owner of an inland 1*[mechanically propelled vessel] shall make a report of any alteration in the vessel under section 19J;

2*[(fa) 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) of section 19K;]

(g) prescribe the manner in which appeals to the State
Government may be preferred under this Chapter and the fees payable in respect of any such appeal;

2*[(ga) provide for the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer of any such mortgage;]

(h) provide for any other matter which is to be or may be prescribed under this Chapter.]

19S.

Certain certificates issued under Merchant Shipping Act to be validunder this Act.

3*[19S. Certain certificates issued under Merchant Shipping Act to be valid under this Act. Every certificate of registry and every certificate of survey issued in respect of a mechanically propelled vessel under the Merchant Shipping Act, 1958, shall be valid and effective as a certificate of registration or 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 vmssel registered under this Act.]

CHAPTER IIIMASTERS [INCLUDING SERANGS] AND ENGINEERS [INCLUDING ENGINE-DRIVERS]OF INLAND
2*[MECHANICALLY PROPELLED VESSELS].

 

CHAPTER VINCOMING AND OUTGOING PARTNERS

 

31.Introduction of a partner. (1) Subject to contract between the partners and to the provisions of section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners.

(2) Subject to the provisions of section 30, a person who is introduced as a partner into a firm does not thereby become liable for any act of the firm done before he became a partner.

32.Retirement of a partner.

32. Retirement of a partner. (1) A partner may retire-

(a) with the consent of all the other partners,

(b) in accordance with an express agreement by the partners, or

(c) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.

14.(2) A retiring partner may be discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement.

(3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement:

Provided that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner.

(4) Notices under sub-section (3) may be given by the retired partner or by any partner of the reconstituted firm.

33.Expulsion of a partner.

33.Expulsion of a partner. (1) A partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contract between the partners.

(2) The provisions of sub-sections (2), (3) and (4) of section
32 shall apply to an expelled partner as if he were a retired partner.

34.Insolvency of a partner.

34.Insolvency of a partner. (1) Where a partner in a firm is adjudicated an insolvent he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved.

(2) Where under a contract between the partners the firm is not dissolved by the adjudication of a partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is made.

35.Rights of outgoing partner to carry on competing business.

35.Libility of estate of deceased partner. Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.

36.
36.Rights of outgoing partner to carry on competing business. (1)
An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not-

(a) use the firm name,

15.(b) represent himself as carrying on the business of the firm, or

(c) solicit the custom of persons who were dealing with the firm before he ceased to be a partner.

(2) Agreements in restraint of trade. A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits ; and, notwithstanding anything contained in section 27 of the Indian
Contract Act, 1872,(9 of 1872). such agreement shall be valid if the restrictions imposed are reasonable.

37.Right of outgoing partner in certain cases to share subsequentprofits.

37.Right of outgoing partner in certain cases to share subsequent profits. Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the property of the firm without any final settlement of accounts as between them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent. per annum on the amount of his share in the property of the firm :

Provided that where by contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to any further or other share of profits ; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under the foregoing provisions of this section.

38.Revocation of continuing guarantee by change in firm.

38.Revocation of continuing guarantee by change in firm. A
continuing guarantee given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the contrary, revoked as to future transactions from the date of any change in the constitution of the firm.