Assam Inland Water Transport Regulatory Authority Act, 2018
No: 27 Dated: Dec, 10 2018
THE ASSAM INLAND WATER TRANSPORT REGULATORY AUTHORITY ACT, 2018
ASSAM ACT NO. XXVII OF 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 services 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
1. Short title, extent and commencement:- (1) This Act may be called the Assam Inland Water Transport Regulatory Authority Act, 2018.
(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.
2. Definitions:- In this Act, unless the context otherwise requires,-
(i) "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;
(ii) "Bank" means a nationalized or scheduled bank;
(iii) "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 Companies Act, 2013;
(vii) "conservancy" means development of waterfront 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 Regulatory 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 Tansportation 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;
(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 2(b) of the Environmental Protection Act 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 the meaning of the Indian Ports Act, 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 Regulatory 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;
(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/establishment at a port that is used by the passengers or cargoes leaving or arriving by vessel;
(xxix) "vessel/ship" means an inland mechanically/electric/ electronic 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
3. Establishment of the Regulatory Authority:- (1) The State Government shall, by notification in the Official Gazette, constitute a Regulatory Authority under the name and style "THE ASSAM INLAND WATER TRANSPORT REGULATORY AUTHORITY".
(2) The Regulatory Authority constituted under section (1), shall exercise such powers as may he conferred on it, and discharge such functions assigned to it under the Act and the rules made there under.