Inland Waterways Authority Of India Act, 1985
No: 82 Dated: Dec, 30 1985
The Inland Waterways Authority Of India Act, 1985
ACT NO. 82 OF 1985
An Act to provide for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Inland Waterways Authority of India Act, 1985.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. In this Act, unless the context otherwise requires,--
(a) "appurtenant land" means all lands appurtenant to a national waterway, whether demarcated or not;
(b) "Authority" means the Inland Waterways Authority of India constituted under section 3;
(c) "channel" means any waterway, whether natural or artificial;
(d) "conservancy" includes dredging, training, closure, diversion or abandoning channels;
(e) "conservancy measures" means measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restricting banks which have become eroded mainly on account of reasons not connected with shipping and navigation;
(f) "infrastructure" includes structures such as docks, wharves, jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression "infrastructural facilities" shall be construed accordingly;
(g) "member" means a member of the Authority appointed under sub-section (3) of section 3;
(h) "national waterway" means the inland waterway declared by section 2 of the National Waterway (Allahabad-Haldia Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982 (49 of 1982), to be a national waterway.
Explanation.--If Parliament declares by law any other waterway to be a national waterway, then from the date on which such declaration takes effect, such other waterway--
(i) shall be deemed also to be a national waterway within the meaning of this clause; and
(ii) the provisions of this Act shall, with necessary modifications (including modification for construing any reference to the commencement of this Act as a reference to the date aforesaid), apply to such national waterway;
(i) "navigable channel" means a channel navigable during the whole or a part of the year;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "regulations" means regulations made by the Authority under this Act; and
(l) "rules" means rules made by the Central Government under this Act.
CHAPTER II
Inland Waterways Authority Of India
3. Constitution and incorporation of the Inland Waterways Authority of India. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority, to be called the Inland Waterways Authority of India.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of the following members, namely:-
(a) a Chairman;
(b) a Vice-Chairman;
(c) not more than three full-time members; and
(d) not more than three part-time members, to be appointed by the Central Government by notification in the Official Gazette.
(4) The Authority may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Authority relevant to the purpose for which he has been associated, but shall not be entitled to vote.