The Assam Inland Water Transport Regulatory Authority Act, 2018
Registered No.-768/97

# THE ASSAM GAZETTE

## EXTRAORDINARY

#### PUBLISHED BY THE AUTHORITY

                - ® 582 C W R , 10f&W«, 2018, 1 9 W ^ [c]i, 1940 (*t^)

No. 582 Dispur, Monday, 1 Oth December, 2018, 19th Agrahayana, 1940 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH :: DISPUR

#### NOTIFICATION

The 4th December, 2018

#### No. LGL. 167/2018/63 - The following Act of the Assam Legislative Assembly

### which received the assent of the Governor on 15th November, 2018 is hereby published
 for general information.

#### ASSAM ACT NO. XXVII OF 2018

**(Received the assent of the Governor on 15th November, 2018)**

**THE ASSAM INLAND WATER TRANSPORT REGULATORY**

**AUTHORITY ACT, 2018**


-----

_X114_ THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

**AN**

**ACT**

to provide for the constitution of an Inland Water Transport
Regulatory Authority to promote the development of safe,
efficient, reliable and environmentally sound inland water
transport and terminal sendees for the benefit of ferry users,
freight consigners and water tourism, in the State of Assam.

**Preamble** Whereas it is expedient for the constitution of an Inland

Water Transport Regulatory Authority to promote the

development of safe, efficient, reliable and environmentally sound
inland water transport and terminal services for the benefit of ferry
users, freight consigners and water tourism, in the State of Assam,
and for matters connected therewith or incidental there to ;

It is hereby enacted in the Sixty-ninth Year of the Republic of

India, as follows

CHAPTER I

PRELIMINARY

**Short title,** **1.** **(1)** This Act may be called the Assam Inland Water Transport

**extent and** Regulatory Authority Act, 2018.
**commencement.**

**(2)** It extends to the whole of Assam.

**(3)** It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint:

Provided that the Government may notify' different dates for

different provisions of this Act and any reference in any such
provision to the commencement of this Act shall be construed as a
reference to the coming into force of that provision.

**Definitions** **2.** In this Act, unless the context otherwise requires,-

**(0** “accident” means an unforeseeable and unexpected turn of events
that causes loss in value, injury, loss of life and increased
liabilities in relation to inland water transport;

**(«)** “Bank” means a nationalized or scheduled bank;

**(Hi)** “Regulatory Authority” means Assam Inland Water Transport
Regulatory Authority;

**(iv)** “cargo” includes anything carried or to be carried in the vessel;

**(v)** “cargo vessel” means a vessel which is not a passenger vessel;

**(vi)** “company” means a company as defined in section 3 of the **Act 1 of**

Companies Act, 2013; **2013.**


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3775

**(vii)** “conservancy” means development of water front including

dredging, river training and management of fairway;

**(viii)** “consumer” means any person who pays a consideration for a

service provided to him by any passenger vessel or cargo vessel;

**(ix)** “court” means a civil, criminal and revenue court of the competent

jurisdiction;

**(x)** “dock” means an area of water in a port that can be closed off and

that is used for putting goods onto and taking them off vessels or
repairing vessels;

**(Xi)** “facilitation centre” means a one stop service centre for customers

and service providers who have to visit the Regulator}' Authority
or its sub-offices for certificates, permits or any other services
incidental thereto;

**(xii)** “ferry” means a vessel providing passenger transport services or

combined passenger and vehicular (Ro Ro) transport services
across or along a inland waterways within the State of Assam
irrespective of the operating agency;

**(xiii)** “Indigenous design” means such vessel designs which has been

designed by the local communities in the State of Assam;

**(xiv)** “manufacturing company” means any company which builds or

manufactures ferries, vessels or any part or equipment thereof;

**(xv)** “master” includes any person (except a pilot or harbour master)

having command or charge of a vessel;

**(xvi)** “officer” including conservator means officer

designated/appointed by the Regulatory Authority to be the proper
officer at the port or place and in respect of the matter to which
reference is made in the provision of this Act in which the
expression occur;

**(xvii)** “operator” means and includes any person or entity who operates,

controls, or supervises any vessel; port, terminal, vessel, building,
yard, freight Vessel, tourist cruise or any other industry' support
service providers or any independent contractor performing such
services or navigation and transportation in inland waters;

**(xviii)** “owner” means,-

(i) in relation to a vessel, the person to whom the Vessel or a

share in the Vessel belongs;


-----

3776 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

(ii) "passenger” means any person carried on a vessel except,-

(a) person employed or engaged in any capacity on board the
vessel on the business of the vessel;

(b) person on board the vessel either in pursuance of the

obligations laid upon the master to carry wrecked, distressed
or other persons or by reason of any circumstances which
neither the master nor the charterer, if any, could have
prevented or forestalled;

**(xix)**

“Passenger Vessel” means a Vessel with the registered capacity to
carry passengers:

**(xx)** “pollutant” means ‘environmental pollutant’ as defined in section **Central**

2 (b) of the Environmental Protection Act of 1986: **Act 29 of**

**1986.**

**(xxi)** "pollution” means and includes,-

(a) such contamination of water or such alteration of the physical,

chemical or biological properties of water or such discharge
of any sewage or trade effluent or of any other liquid, gaseous
or solid substance into water (whether directly or indirectly)
as may or is likely to, create a nuisance or render such water
harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses,
or to the life and health of animals or plants or of aquatic
organisms;

(b) any solid, liquid or gaseous substance (including noise)

present in the atmosphere in such concentration as may be or
tend to be injurious to human beings or other living creatures
or plants or property or environment;

**(xxii)** "port” means a place and shall be construed as understood within **Central**

the meaning of the Indian Ports Act, 1908; **Act 15 of**

**1908.**

**(xxiii)** “prescribed” means prescribed by rules made by the State

Government or the regulations made by the Regulatory Authority,
as the case may be, under the relevant provisions under this Act;

**(xxiv)** “safety certificate” means, prescribed mandatory certificate issued

to a vessel by Regulator}' Authority or another competent
authority approved by the Regulatory Authority;

**(xxv)** “State Government" means the Government of Assam;

**(xxvi)** “surveyor” means a person appointed by the Regulatory Authority

who inspects, surveys, examines, assesses, monitors and reports
the condition of any vessel, and cargo to the Regulatory

Authority;


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3777

**(xxvii)** “tariff’ means the schedule of rates for the services provided by

the operators and owners which in the case of ferry and passenger
services shall be determined by the State Government from time to
time;

**(xxviii)** “terminal” means an area, land, building'establishmcnt at a port
that is used by the passengers or cargoes leaving or arriving by

vessel;

**(xxix)** “vessel/ship” means an inland mechanically/electric/elcctronic
propelled vessel used for ferrying passengers or goods/cargo or
both;

**(xxx)** “wreck” includes the following when found in the waterways or

on the shores thereof:-

(a) goods which have been cast into the waterways and then sink

and remain under water;

(b) goods which have been cast or fallen into the waterway and

remain floating on the surface;

(c) goods which are sunk in the waterway, but are attached to a

floating object in order that they may be found again;

(d) goods which are thrown away or abandoned; and
(e) a vessel abandoned without hope or intention of recovery.

**CHAPTER II**

**THE ASSAM INLAND WATER TRANSPORT**

**REGULATORY AUTHORITY**

**Establishment** **3.** **(1)** The State Government shall, bj notification in the Official

**of the** Gazette, constitute a Regulatory Authority under the name and
**Regulatory** style “THE ASSAM INLAND WATER TRANSPORT
**Authority.** REGULATORY AUTHORITY”.

**(2)** The Regulatory Authority constituted under section (1). shall
exercise such powers as may be conferred on it. and discharge
such functions assigned to it under the Act and the rules made
there under.

**Appointment of** **4-** **(1)** The Regulatory Authority shall consist of.-
**Chairperson**
**and other** (a) a (’hairperson to be appointed by the State Government from
**Members.** amongst officers, serving or retired,not below the rank of

Commissioner & Secretary to the Government of Assam,
having experience in the field of public administration,
regulation, law enforcement and financial management.

(b) not less than two members and not more than four members to

be appointed by the State Government from amongst persons
of ability, integrity and standing, half of which will constitute


-----

3778 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

persons having experience in management and administration
of inland waterways, marine engineering, transport,

environmental science, environmental law, voluntary

organisations, maritime industry, economic development,
social welfare, etc and the other half having experience in law
and administration:

Provided that at least one Member of the Regulator}'

Authority shall be a woman having requisite qualification
under this clause.

(c) A Secretary to be nominated by the State Government from

amongst the officers of the civil service of the State holding a
post not below in rank than that of a Deputy Secretary or
equivalent.

**(2)** Till the chairperson and members of the Authority are appointed,
the senior most Secretary of the Transport Department.

Government of Assam shall perform the functions of the
Regulatory Authority.

**Resignation and 5.** (•) The Chairperson or any Member may, by notice in writing under
**removal of** their own hand addressed to the Governor of the State of Assam,

**Chairperson** resign his office.
**and Members.**

(») Notwithstanding anything in sub-section (1) of section 4, the

State Government may, by order, remove the Chairperson or a
Member from his office if such Chairperson or Member,-

(a) is adjudged an insolvent; or
(b) has been convicted of an offence; or
(c) engages during his term of office in any paid employment

outside the duties of his office; or

(d) is, in the opinion of the State Government, unfit to continue in

office by reason of infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to

affect prejudicially his functioning; or

(f) is in any way, concerned or interested in any contract or

agreement made by or on behalf of the Regulatory Authority
or participates in any way in the profit thereof or in any
benefit or emolument arising there-from otherwise than as a
member and in common with the other members of an
incorporated company, and is held guilty of misbehavior; or

(g) is of unsound mind and stands so declared by a competent

court; or

(h) is convicted and sentenced to imprisonment for an offence

which in the opinion of the Governor of the State of Assam
involved moral turpitude.

**(iii)** No person shall be removed under this section until that person
has been given an opportunity of being heard in the matter.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3779

**Term of office** **6.** The Chairperson and Members shall hold office for such term as
**of the** the Government may provide, but not exceeding five years:
**Chairperson**
**and Members** Provided that no Chairperson or Member shall hold office
**of the** after he has attained the age of sixty-five years.
**Regulatory**
**Authority.**
**Terms and** **7.** The salaries and allowances payable to. and the other terms and
**conditions of** conditions of service of the Chairperson and Members shall be
**service of the** such as may be prescribed by the State Government under the
**Chairperson** rules:
**and Members**
**of the** Provided that neither the salary and allowances nor the
**Regulatory** other terms and conditions of sen ice of the Chairperson and
**Authority.** Members shall be varied to his disadvantage after his appointment.

**Member to act** **8.** (1) In the event of the occurrence of any vacancy in the office of the
**as Chairperson** Chairperson by reason of his death, resignation or otherwise, the
**or to discharge** State Government may. by notification, authorize one of the
**his functions in** members to act as the Chairperson until the new Chairperson is

**certain** appointed to fill such vacancy.
**circumstances.**

**(2)** When the Chairperson is unable to discharge his functions owing
to absence on leave or otherwise, the State Government may. by
notification, authorize one of the membets to act as the
Chairperson until the date on which the Chairperson resumes his
duties.

**Vacancies not** **9.** **(1)** Any vacancy in the office of the Chairperson or a Member of the
**to invalidate the** Regulatory Authority shall be filled by the State Government as
**proceedings of** per provisions of rules framed under section 56 by notification in
**the Regulatory** the Official Gazette, as soon as may be, after the occurrence of the
**Authority.** vacancy, other than a casual or temporary vacancy.

**(2)** The salary, allowances and other terms and conditions of service
of the Chairperson and Members of the Regulatory Authority shall
be such as may be prescribed by the State Government under the
rules :

Provided that their salary, allowances and other terms and

conditions of service shall not be varied to their disadvantage after
appointment.

**Procedure to be** **10.** **(1)** The Regulatory Authority shall have the powers to make
**regulated.** regulations to regulate its own procedure within the framework of

this Act.

**(2)** All orders and decisions of the Regulatory Authority shall be
authenticated by the Secretary or any other officer of the
Regulatory' Authority as may be duly authorized by the
Chairperson.


-----

3780 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

**Officers and** **11.** **(1)** The Regulator}’ Authority for the purpose of enabling it to
**staff of the** efficiently discharge its functions under this Act may create posts
**Regulatory** of officers, employees, as it considers necessary with prior
**Authority.** approval of the State Government.

**(2)** The Regulatory Authority may obtain services of consultants,

advisors, lawyers, and agents as may be necessary to carry out the
functions of the Regulatory Authority by engaging them on
contract basis and provide for their remuneration consistent with
industry practices in India.

**(3)** The Chairperson, Members and officers of the Regulatory **Act No**
Authority shall be deemed to be public servants within the **45 of 1860.**
meaning of section 21 of the Indian Penal Code, 1860.

**Offices of the** **12. (1)** The head office oflhe Regulatory Authority shall be at such place

**Regulatory** as the State Government may determine by notification published
**Authority,** in the Official Gazette.

**(2)** The Regulatory Authority max, by notification in the Official
Gazatte and with prior approval of the State Government, establish
sub-offices and citizen facilitation centers at such other places, as
may be considered necessary.

**(3)** The Regulatory Authority shall have its sittings at the head office
or any other place and at such time as the Chairperson may direct,
and shall observe such procedure in regard to the transaction of
business in its sittings as may be prescribed by the Regulator}
Authority

**Divisions of the** **13.** **(1)** The Regulatory' Authority shall have such number of Divisions or

**Regulatory** Departments, to administer and enforce the provisions relating to
**Authority** safety, environment, trade, and dispute resolution and for any

other activities or purposes as may be determined by the
Regulatory Authority.

**(2)** Each Division or Department shall be headed by an officer
appointed by the State Government, to be designated as the Head
of that Division or Department who shall function under the
superintendence, direction and control of the Chairperson of the
Regulatory Authority.

**(3)** The Regulator}- Authority may set up administrative divisions
required for its proper functioning, such as information

technology, administration, finance and any other, in the manner
as may be prescribed by rules made by the State Government.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3781

**CHAPTER HI**

THE FUNCTIONS AND POWERS OF THE REGULATORY
AUTHORITY

**The Functions** **14.** **(1)** The Regulator} Authority shall perform the following functions as
**of the** per the provisions of this Act and the Rules framed thereunder:-
**Regulatory**

(a) To regulate the activities of inland water transport operators;

**Authority.**

(b) To regulate the activities of inland water port and terminal

service operators;

(c) To register vessels, operators, issue licenses, certificates,

permits, approvals, and maintain central data base as
prescribed.

(d) To ensure compliance with prescribed safety and

environmental regulations for ports, terminals, vessels,
navigation and other inland water transport activities;

(e) To protect the interest of the consumers under this Act:
(f) Frame regulations and detailed guidelines and issue executive

instructions for its proper functioning;

(g) To furnish the required reports;
(h) To enforce penalties;
(i) To perform any other related function as may be assigned to

it by the State Government from time to time.

**(2)** Without prejudice to the generality of the provisions contained
under sub- section (1), the Regulatory Authority may,-

(a) perform all functions and duties required to be performed

under this Act including conservancy;

(b) approve and implement environmental, economic, safety

management and emergency plans;

(c) recommend to the State Government amendments to this Act;

(d) cooperate with Inland Waterways Authority of India and

work on cooperative work programmes al national and stale
level in consultation with Central and State Government;

(e) render advice to the State Government on matters relating lo

Inland Water Transport;

(f) encourage indigenous design and manufacture of vessels,
ferries, and their components by acting as catalytic agent;


-----

3782 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

(g) cause to establish a training institute for the capacity building

of inland waterways transport service provider, inland vessels
masters and crew, stakeholders, including its own and
DIWTA officers and employees;

(h) engage in scientific and applied research for efficient

implementation of this Act;

(i) carry' out analysis of inland water traffic data and prepare
annual reports on the overall inland waterways development
in the State of .Assam, make projections for inland waterways
traffic demand in Assam, and assist vessel/cargo/ferry
operators to draw up their expansion plans;

(j) promote multi modal transport system for benefit of
consumers and trade;

(k) promote public private partnerships, private participation and

outsourcing for effective implementation of this Act;

(l) take all necessary steps for, or may be incidental to the
exercise of any power or the discharge of any function
conferred or imposed on it by this Act;

(m) carry out any other function, duty and responsibility which

may be entrusted to it by the State Government; and

(n) lay down minimum standards of quality of service to be

provided by the inland water transport operators, ferry
service providers, inland water traffic service providers, and
monitor and enforce the set performance standards relating to
continuity, reliability and quality of service.

**The Powers of** **15.** **(1)** The Regulatory Authority may,-
**the Regulatory** **(1)** if and when considers it expedient so to do. may, by order in
**Authority.** writing, call upon any inland waterway service provider at any

time to furnish in writing information, including financial data, or
explanation relating to its functions as the Regulatory Authority
may require;

**(ii)** issue improvement or prohibitory notices to a vessel, port,
company, owner, terminal operator as the case may be;

**(iii)** make an inquiry in relation to the affairs of any inland waterways
operator or service provider or may appoint any of its officers to
inspect the books of account or other document of any inland
waterways operator or service provider;

**(iv)** itself investigate or form a committee to independently investigate
any inland waterways related accidents;

**(2)** The State Government may in appropriate cases, if so wishes, by
order in writing, authorize the Ministry of Transport to have


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3783

general superintendence over the Regulatory Authority especially
for the purpose of policing waterways of Assam in the interest of

security, safety and prevention of pollution in such waterways.

**The State** **16.** The State Government may empower the Regulatory Authority,-

**Government**

to realise and regulate any or all of the passenger tariffs, tolls or

**may empower** **(i)**

fees;

**the Regulatory**
**Authority:**

to realise and regulate any or all of the cargo tariffs, tolls and fees;

**(iii)** to regulate passenger and vessel route licensing and allocation;

**(iv)** to regulate passenger and vessel landings, terminal landings;

(v) to regulate fair competition amongst public and private players;

(vi) to oversight complaints through its dispute settlement department;
and

**(vii)** to address the disputes in public private partnership arrangements.

**Regulatory** 17. The Regulatory Authority shall, while discharging its functions **Central**

**Authority to** **Act 5 of**

under this Act, have the same powers as are vested in a civil court

**have same** **1908.**

while trying a suit under the Code of Civil Procedure, 1908, in

**powers as**

respect of the following matters, namely:—

**vested in a Civil**
**Court.**

**(i)** summoning and enforcing the attendance of persons and compel
them to give oral or written evidence on oath and to produce the
documents or things;

(ii) requiring the discovery and inspection of documents;

(i») receiving evidence on affidavit; and

**(iv)** requisitioning any public record or copies thereof from any court
or office;

**Transparency** 18. The Regulatory Authority shall ensure good governance,
**and Good** transparency and fairness while exercising its powers, functions
**Governance.** and duties as enshrined under this Act by engaging in due

consultations with all stakeholders and making all its decisions
fully documented and available for public information.


-----

3784 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

**CHAPTER IV**

**FINANCE, ACCOUNTS AND AUDIT, AND ANNUAL**

**REPORT**

**Finances of the** **19.** **(1) (a)** There shall be a fund to be known as the “Regulatory' Authority
**Regulatory** Fund” vested in the Regulatory Authority which shall be utilised
**Authority.** by the Regulatory Authority io meet all expenditure in connection

with their functions under this Act. Ihe Regulatory Authority
Fund shall be drawn from and comprise of,-

(i) Consolidated Fund of the State of Assam;

(ii) grants made by the Government;

(iii) loans obtained from the Government; and

(iv) revenues generated by the Regulatory Authority.

(b) The expenditure of the Regulatory Authority' shall be borne out of
the Consolidated Fund of the State of Assam, and through the
revenues generated by the Regulatory Authority itself.

**(c)** The Regulatory Authority shall prepare and submit its annual
budget along with utilization plans to the State Government tw'o
months before the expiry of the financial year for the following
financial year in such a manner as may be prescribed by the Slate

Government and the State Government shall dispose of the same
within two months of the receipt thereof.

(d) The Regulatory Authority shall prescribe and levy reasonable fees

and collect the same for the services rendered, documents issued,

licenses granted or information provided by it.

(e) '[’he schedule of fees prescribed from time to time shall be

published, placed in the public domain, displayed prominently in
the offices of the Regulatory Authority and given wide publicity.

Bankers of the **20.** The Bankers of the Regulatory' Authority shall be any Scheduled
Regulatory Commercial Bank as may be determined by the Regulatory
Authority. Authority.

Audit of **21. (I)** All accounts of receipts and expenditure of the Regulatory
Accounts. - Authority shall be maintained in the manner prescribed by the

State Government.

**(2)** The Accounts of the Regulatory Authority shall be audited

annually by a Chartered Accountant duly appointed for the said
purpose by the Regulatory' Authority.

**(3)** The result of Audit shall be subject to the scrutiny of the
Accountant General of the State of Assam.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3785

**(4)** The result of Audit shall be communicated by the Auditor to the
Regulatory Authority through the Member Secretary of the
Regulatory Authority, who shall submit a copy of the Audit
Report along with its observations to the State Government
through the Finance Department.

**Annual Report** **22. (1)** The Regulatory Authority shall during each financial year prepare

an Annual Report of the working of the Regulatory Authority and
all work undertaken during the year, together with Balance Sheet
and Audited Accounts, in such form and at such time as may be
prescribed, giving a true and full account of its activities during
the previous financial year and an account of the activities likely
to be undertaken by it in current financial year. A draft of the
Annual Report along with the Audited Accounts of the Regulatory
Authority, and the Auditor’s Report thereon, shall be placed
before it in its Annual Meeting for approval and copies of such
report shall be forwarded to the State Government.

**(2)** The State Government shall cause every such report to be laid
before the State Legislature as soon as may be after the receipt of
the report under sub-section (1) of this section.

**CHAPTER V**

**SAFETY OF VESSELS**

**Design** **23.** All new vessels shall be designed and constructed as per the
**construction** recognized standards of construction and survey rules for
**and survey of** certification, prescribed by the Regulatory Authority, from time to
**new vessels.** time.

**Safety of** **24.** lite existing vessels shall ensure compliance with design, safety
**existing vessels.** and retrofitting nonns, as prescribed by the Regulatory Authority.

The Authority shall determine and enforce a phasing out plan for

all such vessels which do not meet the design, safety and
retrofitting norms.

**Design,** **25.** 1’he design, construction and materials of the hull structure as well
**construction** as machineries and equipment of the vessels shall be suitably
**and materials** certified to ensure safe operations of Vessels for the intended
**of Vessels.** services. All reasonable efforts shall be made for making

passenger vessels differently-abled friendly.

**Registration of** **26.** All Vessels shall be registered with the Regulatory Authority and
**all Vessels.** have a unique registration number that shall be provided by the

Regulatory Authority. The Registration number shall be

prominently marked on Vessels.

**Knowledge and** **27.** The vessel operators, pilots and the ferry service providers shall
**skill of the** have the appropriate ability of professional knowledge and skill
**vessel** for relevant operations to inland water environment, be familiar to
**operators,** the procedures and requirements, pass corresponding professional


-----

3786 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

**pilots, ferry** training and hold valid competency certificates and conformity
**service** certificates issued by the competent Authority lawfully authorized
**providers.** in this behalf.

**Carrying** 28. The carrying capacity of the Vessels shall be primarily determined
**capacity of all** by the Regulatory Authority in terms of passengers and cargo as
**Vessels.** prescribed.

**Rules and** 29. The Regulatory Authority shall prescribe rules and regulations for
**regulations for** monitoring and periodical survey of ferries, and vessels from time
**monitoring and** to time.
**periodical**
**survey.**

**Out of water** 30. (1) The operators shall satisfy themselves about the integrity of the
**inspection by** ferry’s and vessel’s hull by an out of water examination at least
**operators.** every 3 years (2 years in case of wooden vessels) by the Surveyor

appointed under this Act or other technical persons appointed by
the Regulatory Authority and the same shall be properly-
documented on safely certificate prescribed by the Regulatory
Authority.

(2) The external components of steering and propulsion machinery

and shell fittings shall also be examined out of the water. The
documented report of such examination shall be made available on
board for verification by the Regulatory Authority, passengers,
passengers associations and non- governmental organizations.

31. A safety briefing audio system shall be installed in all vessels to

Safety briefing

give statutory safety briefing to passengers. The safety briefing

to passengers.

shall consist of restrictions about the movement on board,
emergency procedures, location of emergency exits, stowage and
use of personal protective equipment such as life jackets and other
life saving or support devices or appliances.

32. Every vessel shall have approved lifesaving equipment sufficient

Sufficient

for the number of persons as per safety certificate prescribed by

lifesaving

the Regulatory Authority.

equipment.-

33. Every vessel shali have life jackets to be provided to the

Provision of life

passengers in case of need. All the lifesaving or life support

jackets.

devices and appliances shall be properly maintained and
periodically serviced based on the recommendations by the
manufacturing company.

34. First Aid Box shall be kept essentially in every vessel with all the

Provision of

emergency first aid equipment and medications to be used in case

First Aid Box.

of emergency-

35. At least one multipurpose portable fire extinguisher of a

Provision of fire

recognized standard shall be carried on each deck of all the vessels

extinguisher.

navigating in inland waterways in addition to any other


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3787

equipment, appliance or device as may be prescribed by the
Regulatory Authority.

List of **36.** All the vessel operators shall prominently display posters on board
Prohibited items. indicating items prohibited to be carried on the Vessels as may be

prescribed by the Regulatory Authority.

Prohibition on **37.** Smoking shall be strictly prohibited on the vessels, except in
smoking. identified smoking zones set up for the purpose.

Navigation lights **38.** The ferries, vessels operating at night should be equipped with
on Vessels. navigation lights as prescribed by the Regulatory Authority. The

sound signaling equipment shall also be provided on all vessels as
prescribed by the Regulatory Authority.

Emergency **39.** All vessels must carry prescribed emergency communication
communication equipment as prescribed by the Regulatory Authority.
equipment.

General safety **40.** Without prejudice to the generality of the provisions contained in
measures. this chapter, the Regulatory' Authority may prescribe regulations

to enhance safety culture, mitigate dangers, identify risks, danger
of moving machinery parts, preventive measures for fire such as
fitting flame gauze, emergency power and charging of batteries,
approved maritime radio communication, and such other measures
that shall ensure structural strength, water tight integrity and
stability of vessels.

Safety measures **41.** On mechanized Vessels, safety measures for fuel storage tanks
for fuel storage shall be such as prescribed by the Regulatory Authority.
tanks.

   - Appointment of **42.** The Regulatory Authority shall appoint such number of Surveyors

surveyor. in order to cany on regular inspection and checking of ferries and

vessels so as to ensure compliance with all safety provisions of
this Act.

Independent **43.** Independent investigation into Vessels causing pollution and
investigation into accident shall be ordered as prescribed by the Regulatory-
pollution accident. Authority.

**44.** (1) The investigators shall prepare an accident identification report

**Accident**

within thirty days from the date of completion of the

**identification**

investigation, and serve the same to parties concerned.

**report.**

**(2)** The accident identification report shall specify the basic facts of
the accident, the causes of the accident, the responsibility for the
accident, lessons learnt and preventive action, if any.

**(3)** The Regulatory Authority shall publish findings of such
investigation report of safety accident and or pollution incident.

**(4)** T he Regulatory Authority shall have powers to grant exemption

and/or equivalence as prescribed, by the Regulatory Authority.


-----

3788 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

**CHAPTER VI**

**PREVENTION OF POLLUTION**

**Prevention and** **45.** The structure, equipment and devices of a ferry or vessel in
**control of** respect of prevention and control of pollution shall be such as
**pollution.** prescribed by the Regulatory Authority. The Regulatory

Authority shall simultaneously provide for approved waste

disposal, reception facilities in its ports, terminals at reasonable
cost to the end user of inland water transport services.

**Survey for** **46.** The structure, equipment and devices of a ferry or vessel shall be
**compliance.** surveyed by a Surveyor that has been appointed by the Regulatory

Authority under this Act. Pollution prevention equipment .shall

be kept in good order and condition for emergency use.

**Entry in** 47. An existing ferry or vessel may, upon survey by a Surveyor, may
**surveyor** be exempted from being equipped with otherwise prescribed
**certificate.** treatment facilities for pollutants and in that event specific

remarks shall be made on prescribed safety certificate.

**Requirement to** **48.** A vessel shall, based on the requirements of the relevant laws,

**carry** administrative regulations, the provisions of the transport
**certificates.** department of Government of Assam, possess and carry on board

effective corresponding certificates and documents in respect of
the prevention and control of pollution caused by vessels and their
relevant operations to inland waters environment.

**Knowledge and** 49. The vessel operator and the ferry service provider shall have the
**skill for the** appropriate ability of professional knowledge and skill for the
**prevention and** prevention and control of pollution caused by vessels and their

relevant operations to inland waters environment, be familiar with

**control of**

the procedures and requirements for preventing the pollution

**pollution.**

caused by vessels, pass corresponding professional training and
hold valid competency certificates and Conformity Certificates,
issued by the competent authority lawfully authorised in the
behalf.

**50.** The Regulatory Authority shall, in respect of die dangerous

**Readiness for**

characteristics of dangerous chemicals transported, formulate

**rescue plan.**

contingency rescue plan for dangerous chemicals accidents for the
carrying vessels, and shall equip the carrying vessels with
sufficient and effective devices and equipment for emergency
rescue.

**51.** The operator of a port. dock, terminal, or a loading and unloading

**Contingency**

place and relevant operating units shall have approved

**plan for**

contingency plan lor preventing and controlling of pollution

**prevention and**

caused by vessels and their relevant operations to inland waters

**control of**

environment and organize drills at least once a year, and maintain

**pollution.**

proper records thereof.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3789

**Abiding by** **52.** Vessels navigating, berthing or operating within waters under
**relevant** special protection shall abide by relevant provisions and standaids
**provisions and** for prevention of pollution in such waters.
**standards for**
**prevention of**
**pollution.**

**Requirement for** **53.** For a vessel transporting dangerous chemicals by inland waters,
**third party** her owner or operator shall have prescribed third party liability­
**liability** insurance cover available as prescribed by the Regulatory-
**insurance.** Authority.

**CHAPTER VII**

**OFFENCES AND PENALTIES**

**Offences and** **54.** (1) T he following shall constitute offences punishable under this Act:-
**Penalties.**

(a) Failure to comply w ith any order or direction of the Regulatory

Authority under this Act, and _I_ or deliberate disobedience
thereof;

(b) Contravening or attempt to contravene or abetting the

contravention of the provisions of this Act or any rules made

thereunder;

(c) Obstructing any person acting under the orders or directions of

the Regulatory Authority from performing his functions and
exercising his powers under this Act;

(d) Damaging any works or property belonging to the Regulatory

Authority;

(e) Failing to furnish to any officer or employee of the Regulatory

Authority so authorized to receive, information required or
demanded from him for the purpose of this Act;

(f) Deliberately and willfully providing false and incorrect

information.

**(2)** (a)Any person who is found guilty of any offence under sub­

section (1) shall be punished with fine which may extend to ten
thousand rupees upon the first offence;
(b) In case of second and subsequent offence the fine may extend
to fifty thousand rupees, or imprisonment upto one year or both;
(c) In case of continuing contravention, an additional fine which

may extend to five thousand rupees for every day, shall be
imposed, during which the default continues.

**(3)** The following are offences of vessels that are punishable under the

Act in addition to penalty under any other law, for the time being
in force
(a)Discharging domestic sewage or oily water, etc. into inland
waters in excess of corresponding standards;


-----

3790 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

(b) Discharging waste gas produced from thejrunning of vessel's
power unit into the atmosphere in excess of corresponding
standards;
(c) Discharging residues of liquid toxic substances, or ballast

water, cleaning water or other mixtures containing such
substances, in inland waters;
(d) Using incinerator in inland waters;

(e) Using oil dispersant, which violates corresponding provisions.

**(4)** (a)Any person who is found guilty of any offence under sub­

section (3), shall be punished with fine which may extend to ten
thousand rupees upon the first offence.
(b) In case of second and subsequent offence, the fine may extend
to twenty-five thousand rupees, and imprisonment upto six months
or with both.
(c) In case of continuing contravention , an additional fine, which

may extend to one thousand rupees for every day, shall be
imposed, during which the default continues.

**Offences by** **55. (1)** Where an offence under this Act has been committed by a
**Companies.** company, every person who at the time the offence was

committed was in charge of. and was responsible to the company
for the conduct of, the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-scction shall

render any such person liable to any punishment provided in this
Act if he proves that the offence was committed without his
knowledge for that he exercised all due diligence to prevent the
commission of such offence.

**(2)** Notwithstanding anything contained in sub-section (1), where an

offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of. any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.

Explanation :- For the purpose of this section.-

(i) "Company" means anybody corporate, and includes a firm or

other association of individuals; and

(ii) "Director" in relation to a firm means a partner in the firm

**CHAPTER VIII**

**MISCELLANEOUS**

**Power to make** **56. (1)** The State Government may, by notification in the Official
**Rules.**

Gazette, make rules for carrying out the purposes of this Act.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3791

**(2)** All rules made under this section shall be laid for not less than

thirty days before the State Legislature, as soon as possible after
they are made and shall be subject to rescission by the State
Legislature or to such modification as the State Legislature may
make during the session in which they are so laid or the session
immediately following.
Any rescission or modification so made by the State Legislature
shall be published in the Official Gazette and shall thereupon take
effect.

**Power to make 57.** **(i)** The Regulatory Authority shall with the previous approval of the
**Regulations.** State Government and by notification in Official Gazette, make

regulations not inconsistent with provisions of this Act and the
rules framed thereunder for enabling it to discharge its functions
under this Act and the rules.
In particular and without prejudice to the foregoing power, such

**(ii)** regulations may provide for all or any of the following matters,

namely

(a) the time and the place at which the Regulatory Authority

shall meet and rules of procedure the Regulatory Authority
shall observe in regard to transaction of its business at its
meetings;

(b) the form in which an annual statement of accounts of the

Regulatory Authority shall be prepared under section 21;

(c) the form in which and the time at which an annual report of

the Regulatory Authority shall be prepared under section 22;

(d) any other matter which is, or may be. necessary to be

prescribed for the efficient conduct of the affairs of the
Regulatory Authority.

Powers of **58.** The Regulatory Authority may delegate such of its powers to its

Regulatory Members and issue executive instruction not inconsistent with the
Authority to provisions of this Act, rules or regulations as may consider
delegate and issue necessary.
executive

instructions
Tariff to be **59.** The State Government shall determine the tariffs for passenger

determined by the vessels or cargo vessels keeping in mind the market conditions,
State Government. operating cost levels, affordability of passengers in differential

manner as per the per capita income of the people across Assam.

Power to remove **60. (a)** If any difficulty arises in giving effect to the provisions of this
difficulties. Act, the State Government may, by order published in the Official

Gazette, make such provisions, not inconsistent with the
provisions of this Act as appear to be necessary' or expedient for
removing the difficulty.

**(b)** Every order made under this section shall, as soon as it may be

after it is made, be laid before the State Legislature.


-----

3792 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

Act to have effect **61. (1)** The provisions of this Act shall be in addition to. and not in
in addition to and derogation of, the provisions in any other law for the time being in
not in derogation force, relating to inland waterways. forests, wildlife, disaster
o f other Acts. management or environment protection.

**(2)** The functions of the Regulatory Authority are to be enabled by the **Central Act**

z\ct in conjunction with Inland Vessels Act, 1917, Indian Ports lo f1 9 1 7-
**Central Art**
Act, 1908 and the Inland Waterways Authority of India Act, 1985. 7 **No. 15 of.**
**1908, Act**
**No. 82 of**
**1985.**

**S. M. BUZAR BARUAH,**

Commissioner & Secretary to the Government of Assam,

Legislative Department, Dispur, Guwahati-6.

GuwahatiPrinted and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.

Ex. Gazette No. 1163 - 400 + 10- 10- 12-2018. (visit at-.dpns.assam.gov.in)


-----

