Chapter XV PILOTAGE, VESSEL DETENTION AND DEVELOPMENT FUND

(1) The Central Government may, by notification, specify the requirement of pilotage in whole or part of inland waterways declared as national waterways. (2) The State Government may, by notification, specify the requirement of pilotage in whole or part or any stretch of designated inland waterways or such passages that lie within the respective territory of such State Governments and in respect of which the Central Government has not specified under sub-section (1).

Subject to the provisions of section 83, every master of any mechanically propelled inland vessel, who possesses a master's certificate granted under this Act and in force, shall, in ports to which section 31 of the Indian Ports Act, 1908 has been extended, be deemed, for the purposes of that section, to be the pilot of the mechanically propelled inland vessel of which he is in-charge.

(1) The State Government or any officer authorised under this Act may, detain, forfeit or remove from the inland waters, any mechanically propelled inland vessel, which is required to be registered under the provisions of this Act, if found— (a) plying or being used in inland waters without a valid certificate of registration; (b) plying without a valid certificate of survey; (c) plying with passengers beyond the permitted carrying capacity; (d) to have not affixed the registration number assigned to such vessels as provided under this Act; (e) not complying with the manning requirements under Chapter VI; (f) not complying with the provisions of Chapter VIII; (g) to act in contravention to the provisions of Chapter X; (h) not in compliance with the provisions of Chapter XII; (i) to carry dangerous goods or prohibited goods in contravention to the provisions of section 81 or the rules made thereunder. (2) The owner, operator or any such person recognised as responsible for the vessel under detention, shall pay the respective and applicable fees and charges for the safe custody and maintenance of the detained or forfeited vessel, which shall be pre-condition for release of the vessel and which if unpaid, shall create a lien over such vessel to comply with the provisions of this Act. (3) Upon compliance with the provisions of this Act and the rules made thereunder, and after rectifying the mistakes that lead to detention, the State Government shall, without any unreasonable delay, release the vessel and her custody to the owner, operator or any such person recognised as responsible for the vessel under this Act. (4) Unless specifically provided elsewhere in this Act, the procedures for detention, formality, fees and conditions to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this Act, for the purpose of detaining a vessel, shall be such as may be prescribed by the State Government. (5) An officer so authorised to enter any vessel may, for the purpose of enforcing the order of detention or forfeiture, call to his aid, any police officer or any other person authorised under this Act or such other laws in force in India.

(1) There shall be a Fund constituted by the State Government to be called the Development Fund, to be utilised for— (a) meeting emergency preparedness; (b) meeting containment of pollution caused by discharge of oil, mixtures, obnoxious substances, chemicals and other noxious and harmful substances, to preserve and protect inland waters; (c) supporting, part or whole of expenses of owners or economically backward sector involved in activities of trade and living depending solely on inland waters; (d) removal of unidentified wreck or obstruction affecting and impeding navigation; and (e) boosting up development works of inland water navigation with respect to safety and convenience of conveyance. (2) For the purposes of constitution of the Development Fund under sub-section (1), endeavour shall be made to design schemes of contribution from— (a) the State Government; (b) stake holders; (c) the amount collected from sale of wreck or cargo or remains thereof after deducting the expenses incurred; (d) excess fund out of judicial sale of vessels or any property or cargo after meeting the expenses incurred or set-off against the court to meet damages or functioning of the court or administrative machinery; and (e) part or proportionate disbursement of fees collected by the respective State Government as provided in this Chapter.