Chapter VI MISCELLANEOUS

1. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the State Government may give in writing to it from time to time. Provided that the Authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section.
2. (2) The decision of the Government of the Andhra Pradesh whether a question is one of policy or not shall be final.

Any land required by the Authority for discharging its functions under this Act, shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 or Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 including amendments made from time to time or of any other corresponding law for the time being in force or as per the prevailing procedures in Andhra Pradesh State or by way of negotiations by a committee constituted for the purpose by the Board of the Authority.

Limitation of Jurisdiction

1. (1) The provisions of this Act shall not affect any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by-
   • (a) the conservator of any port or by any officer or authority under the Indian Ports Act, 1908, or Andhra Pradesh Port Policy or.
   • (b) the Board of Trustees for any major port or by any officer or authority under the Major port Trusts Act, 1963, in or in relation to any portion of an inland waterway (including the national waterways) falling within the limits of such port or major port.
2. (2) Nothing in this Act shall affect the operation of the Inland Vessels Act, 1917 as amended or any other Central Act or any State or Provincial Acts in force immediately before the commencement of this Act. However, enforcement of the provisions, if any prescribed for the state under above or any Acts shall be done by the Authority to the extent applicable to it.
3. (3) The Authority can exercise the power or delegate its powers to any other department on any matter pertaining to its functions and duties in relation to inland waterways, water transport and water tourism prescribed under the provisions of this Act supersedes all or any provisions in any other Act on the corresponding components or as per the Directives of the AP State Government which may prescribe to other departments for better administration.

Subject to any rules made in this behalf, any person, generally specially authorised by the Authority in this behalf, may, whenever it is necessary so to do for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and-

1. (a) make any inspection, survey, measurement, valuation or inquiry;
2. (b) take levels;
3. (c) dig or bore into sub-soil;
4. (d) set out boundaries and intended lines of work;
5. (e) mark such level boundaries and lines by placing marks and cutting trenches; or
6. (f) do such other acts or things as may be prescribed; Provided that no such person shall enter any building or any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours’ notice in writing of his intention to do so.

The Authority may by general or special order in writing, delegate to the CEO, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary.

Authentication of orders and other instruments of the Authority All orders and decisions of the Authority shall be authenticated by the signature of the CEO or any officer authorized by CEO.

All members, officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

1. (1) No suit prosecution or other legal proceedings shall lie against the Government or any officer of the Government or any member, officer or employee of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
2. (2) No suit or other legal proceedings shall lie against the Authority for any damage caused or likely or be caused by anything in good faith done or purported to be done under this Act or the rules or regulations, and in particular, it shall not be the responsibility of the Authority to provide for relief measures necessitated by floods or by breaches and failures of works.

1. (1) If, at anytime, the Andhra Pradesh Government is of opinion,-
   • (a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
   • (b) that the Authority has persistently made default in complying with any direction issued by the Government of Andhra Pradesh under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default the financial position of the Authority or the administration of any inland waterway has deteriorated; or
   • (c) that circumstances exist which render it necessary in the public interest so to do, the Government of Andhra Pradesh may, by notification In the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification; Provided that before issuing a notification under this subsection for the reasons mentioned in clause (b), the AP Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the Authority.
2. (1) Upon the publication of a notification under sub-section
3. (1) superseding the Authority,-
   • (a) all the members except Chief Executive Officer shall, as from the date of supersession, vacate their offices as such;
   • (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the AP Government may direct;
   • (c) all property owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Government of the Andhra Pradesh.
4. (2) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the AP Government may-
   • (a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or
   • (b) reconstitute the Authority by fresh appointment and in such case any persons who vacated their offices under clause
   • (a) of sub-section
5. (2) shall not be deemed disqualified for appointment; Provided that the Government of the Andhra Pradesh may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section
6. (1) or as extended under this sub-section.
7. (3) The Government of the Andhra Pradesh shall cause a notification issued under sub-section
8. (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before such House of Andhra Pradesh Legislature at the earliest opportunity.

1. (1) The Government of the Andhra Pradesh may, by notification in the Official Gazette make rules to carry out the purposes of this Act.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely: -
   • (a) the terms of office and other conditions of service of the members of the Authority under section 4;
   • (b) the powers and duties of the Chairman under section 6;
   • (c) the matters with respect to the Advisory committee referred to in sub-section
3. (1) of section 11;
   • (d) the amount required to be prescribed under subsection
4. (4) of section 16;
   • (e) the form in which, and the time at which, the Authority shall prepare its budget under section 22 and its annual report under section 24;
   • (f) the manner in which the Authority may invest its funds under section 23;
   • (g) the manner in which the accounts of the Authority shall be maintained and audited under section 25;
   • (h) the conditions and restrictions with respect to exercise of the power to enter under section 30 and the matters referred to in clause
   • (f) of that section; and
     • (i) any other matter which is to be or may be, prescribed or in respect of which provision is to be, or may be made by rules.

1. (1) The Authority may, with the previous approval of the Government of the Andhra Pradesh, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
   • (a) the manner in which and the purposes for which, the Authority may associate with itself any person under sub-section
3. (4) of section 3;
   • (b) the terms and conditions of service of the CEO and other officers and employees of the Authority under section 10;
   • (c) the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority;
   • (d) the manner in which, and the conditions subject to which any functions in relation to the matters referred to in sub-sections
4. (1) and
5. (2) of section 16 may be performed;
   • (e) the rule of the road on a coastal & inland waterway and other water bodies;
   • (f) the safe, efficient and convenient use, management and control of the infrastructural and infrastructural facilities;
   • (g) the reception, porterage, storage and removal of goods brought through coastal & inland waterway, other water bodies and the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged;
   • (h) regulating, declaring and defining the docks, wharfs, jetties, landing stages on which goods shall be landed form vessels and shipped on board vessels;
     • (i) regulating the manner in which and the conditions under which the loading and unloading of vessels on inland waterway terminals, inland waterway/lake terminals and vessel to vessel transhipment on the coastal cum inland waterway routes and lakes, Coastal Zone Management as admissible under the extent rules shall be carried out; and
   • (j) the exclusion from a coastal & inland waterway and other water bodies of disorderly or other undesirable persons and of trespassers.
   • (k) the terms and conditions for issue of bonds, debentures or other instruments;
   • (l) the time, place and the rules of procedure with regard to the transaction of business at its meetings including the quorum.
6. (3) Any regulation made under any of the clauses
   • (c) to
   • (j) of subsection
7. (2) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and in the case of a continuing contravention with an additional fine which may extend to thousand rupees for every day during which such contravention continues after conviction for the first such contravention.

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Andhra Pradesh Legislature, while it is in session, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately, following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulations or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. Provided that till such time provisions under various sections of the Act are effected, the Act provisions shall be implemented through a unusual by Govt of AP specific GO for an initial period of 6 months or extended period as per the requirement as the recommendations of Authority.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with provisions of this Act as may appear to be necessary for removing the difficulty; Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Andhra Pradesh Legislature.