Objects and Reasons.- Amending Act 35 of 1977.- With the passage of time, operation of power vessels in the inland waters of the country has undergone considerable change with the result that the provisions contained in the Indian Steam-vessels Act, 1917, are not found to be adequate effectively to regulate the operation of the inland vessels. A committee was set up by the Government of India under the Chairmanship of Shri B. Bhagavati, Member of Parliament to consider the problems relating to the development of inland water transport and to suggest phased programme for development of this mode of transport. Recommendations for the amendment of the Act were made by the Committee. Certain other legislative changes are also considered necessary in the light of practical experience. The amendment proposed in the Bill are intended to make the legislation more effective and useful in regulating the operation of inland vessels having regard to the present day needs.2. The principal Act was enacted when steam-vessels were in vogue. With the advent of oil-fired vessels, steam-vessels have become scare and even the short title to the Act would be misleading in the present context. Accordingly it is proposed to modify the short title of the Act as "Inland Vessels Act" and to substitute the expression "steam-vessel" by the expression "mechanically propelled vessel". There is no provision now enabling the mortgage of vessels by owners for securing financial assistance for the construction or repair of vessels. Provisions in that regard on the lines of those contained in the Merchant Shipping Act, 1958 (44 of 1958) are proposed in order to overcome the difficulty. In the case of wreck, etc., the State Government is authorised to appoint a Court of investigation only on a report to that effect from the master of the vessei. It is considered necessary to provide for the appointment of a Court of investigation on the report of persons other than the master also. At present there is no provision in the Act enabling the State Government to take action to clear navigable channels blocked by werck or other obstruction or by the grounding of an overdrafted vessel though such provisions do find a place in the Indian Ports Act, 1908 (15 of 1908). It is proposed to empower the State Government to clear up the navigable channels so blocked or obstructed. Compensation to passengers travelling in inland vessels involved in accidents is a public necessity. It is, therefore, proposed to provide for the obligatory insurance of passengers against risk and the burden is cast on licensed carriers by adopting provisions analogous to those applicable in the case of motor vehicles accidents. In view of the danger involved in carrying passengers or cargo or bottkin excess of what is set forth in the certificate of survey granted to a vessel, it is considered necessary to enhance the penalty for exceeding the set limits. In case of desertion, wilful absence from duty, negligence, etc. by personnel employed in inland mechanically propelled vessels there are no provisions for the taking of disciplinary proceedings. Provisions analogous to those in the Merchant Shipping Act, 1958 are proposed to be included so as to ensure discipline among the personnel. Opportunity is also being taken to amend the rule laying formula to bring it in conformity with the recommendation of the Committee on Subordinate Legislation.3. The Bill seeks to give effect to the objects mentioned above. - Gazette of India, 22-7-1977, Pt. II, section 2, Ext., p. 435.[7th February, 1917.]An Act to consolidate the enactments relating to [Inland Vessels]. [Substituted by Act 35 of 1977 Section 2, for " steam-vessel" (w.e.f. 1.5.1978).]Whereas it is expedient to consolidate the enactments relating to [Inland Vessels] [Substituted by Act 35 of 1977 Section 2, for " steam-vessel" (w.e.f. 1.5.1978).]; it is hereby enacted as follows:-
