Application and scope

(1) Save as otherwise expressly provided in this Act, the provisions of Chapters I, III, X, XVI and XVIII shall apply to all inland vessels plying within inland waters of India, and— (a) Chapters IV, V, VI, VIII, IX, X, XI, XII, XIII and XIV shall apply to all mechanically propelled vessels registered under this Act; (b) Chapters VIII, IX, X, XI, XII and XIII shall apply to vessels registered under such laws in force in India other than this Act, or registered in such laws in force in any country other than India; but endorsed or recognised under this Act for the purpose of plying within inland waterways; (c) Chapters IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV shall apply to all vessels identified as special category vessels plying or using inland waterways; (d) Chapter XVII shall apply to all non-mechanically propelled inland vessels. (2) Notwithstanding anything contained in sub-section (1), the Central Government or the State Government, as the case may be, may extend the application of any Chapter or provision of this Act to any class or category of inland vessels, or to any region of inland waters, by notification in the Official Gazette. (b) “bareboat charter” means an arrangement for the hiring of a vessel without crew, where the charterer is responsible for appointing the crew and making other arrangements; (c) “bareboat charter-cum-demise” is a bareboat charter where the ownership of the vessel is intended to be transferred after a specified period to the company to which it has been chartered; (d) “cargo terminal” means a place designated for the loading, or unloading, or any other allied processes of such loading or unloading of cargo in a port, jetty, wharf or such other places developed within inland waters for the purpose of loading and unloading of cargo; (e) “casualty” includes any vessel which— (i) is lost, abandoned, materially damaged; (ii) causes loss of material or damage to any other vessel; (iii) causes any loss of life or personal injury; (iv) causes pollution as a result of or in connection with its operation; (f) “central database” means the centralised record maintained for recording the data and details of— (i) vessels; (ii) registration of vessels; (iii) crew and manning in the vessels; (iv) certificates issued in respect of vessels; (v) reception facilities; and (vi) such other data, to be recorded and maintained in the form of an electronic portal or in such other form and manner as may be prescribed by the Central Government; (g) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of the insurance premium paid by the insured, and includes a cover note complying with such requirements as may be prescribed by the Central Government; (h) “competent authority” means the authority referred to in section 6; (i) “court” means any civil court, revenue court or High Court having jurisdiction over the matters of liabilities and offences as provided in this Act including investigation and inquiry into claims arising out of causalities and accidents within its jurisdiction; (j) “cover note” includes any note of undertaking issued by the insurer who promises to cover the liability and to indemnify the losses incurred by the insured as provided in the contract of insurance; (k) “crew” means personnel employed for operation or serving on an inland vessel other than master or passengers as a part of performing the functions of manning; (l) “dangerous cargo” means any cargo, which, due to its nature, form or content as a whole or in part, are declared as dangerous or potentially dangerous while carried in on any class or category of inland vessels in inland waters under this Act or any other law for the time being in force; (m) “dangerous goods” means any goods, which, due to its nature, form or content as a whole or in part, are declared as dangerous or potentially dangerous while carried in on any class or category of inland vessels in inland waters under this Act or any other law for the time being in force; (n) “designated authority” means the authorities appointed by State Government under sub-section (3) of section 5; (o) “fishing vessel” means a vessel fitted with mechanical mode of propulsion, which is exclusively engaged in fishing for profit, within inland waters; (p) “hazardous chemical” means any chemical, which has been designated as pollutants under this Act or any other law for the time being in force in India; (q) “inland vessel” includes any mechanically propelled inland vessel or non-mechanically propelled inland vessel which is registered and plying in inland waters, but does not include— (i) a fishing vessel registered under the Merchant Shipping Act, 1958 (44 of 1958) or the Marine Products Export Development Authority Act, 1972 (13 of 1972); and (ii) any vessel that are specified as not to be inland vessels by notification by the Central Government. Explanation.—For the purposes of this clause, it is clarified that a vessel registered under the Merchant Shipping Act, 1958 (44 of 1958) and plying within the inland waters shall be deemed to be an inland vessel registered under this Act; (r) “inland waters”, for the purpose of inland navigation, includes any— (i) canal, river, lake or other navigable water inward of baseline or as may be declared by notification in the Official Gazette by the Central Government; (ii) tidal water limit, as may be declared by notification in the Official Gazette by the Central Government; (iii) national waterways declared by the Central Government; and (iv) other waters as may be declared by notification in the Official Gazette by the Central Government; (s) “lien” is a legal right or interest that a creditor has in the inland vessel or any property thereof, retained until a debt or duty is secured, or the performance of some other obligation is satisfied; (t) “limitation of liability” means the rate or extent of liability within which the owner or such other persons entitled under this Act, may limit the liability or be permitted to limit or cap the liability arising out of claims, in accordance with the procedure laid down and the rates, as may be specified in this Act or as may be prescribed by the Central Government; (u) “load line” means a water line which is marked on an inland vessel to denote the safe carrying or loading capacity of such vessel; (v) “master” includes any person including serang or such other person, who is in command or in charge of any inland vessel, and does not include a pilot or harbour master; (w) “material fact” means a fact of such a nature, which determines the judgment of a prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and such other terms to be entered and incorporated in a policy of insurance governing the relationship with the insured; (x) “material particular” means any particular of such a nature, which determines the judgment of a prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and such other terms to be entered and incorporated in a policy of insurance governing the relationship with the insured; (y) “mechanically propelled inland vessel” means— (i) any inland vessel in the inland waters which is propelled by mechanical means of propulsion; or (ii) floating units, floating surfaces, dumb vessels, barges, rigs, jetties or such other non-mechanically propelled inland vessel, which are towed or pushed with the assistance of another mechanically propelled vessel and used for carriage, storage, transportation and accommodation of passengers and cargo in or through inland waters; (z) “minimum manning requirement” means the standard and number of persons required for safe manning and navigation of vessels, as may be prescribed by the Central Government; (za) “non-mechanically propelled inland vessel” means any vessel which is not a mechanically propelled inland vessel; (zb) “notification” means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression “notify” with its grammatical variation and cognate expressions shall be construed accordingly; (zc) “obnoxious substance” means any substance, which has been designated as pollutants under this Act or any other law for the time being in force in India; (zd) “official number” means the number assigned to any vessel by the Registrar of Inland Vessels or such other person appointed under this Act, to be affixed or displayed on a conspicuous part of such vessel to refer, distinguish and identify one vessel from another; (ze) “oil” means any edible oil carried on vessel as cargo or persistent oil such as crude oil, heavy diesel oil, lubricating oil and white oil, carried on board of a vessel as cargo or fuel; (zf) “oily mixture” means a mixture with any oil content; (zg) “owner” means operator, charterer, beneficial owner or registered owner, who is responsible for the activities of the vessel and shall be under obligation to comply with the provisions of this Act in relation to, or in possessing express or implied title under this Act or any other law for the time being in force; (zh) “passenger” means any person carried on board of a vessel, except persons employed or engaged in any capacity on board of the vessel in connection with the business of the vessel; (zi) “passenger terminal” means the terminal designated for the embarking or dis-embarking of passengers and the permitted cargo, in a port, jetty, wharf or like places; (zj) “passenger vessel” means any vessel permitted to carry more than twelve passengers; (zk) “pilot” means a person appointed by the owner of the vessel to assist the master or to steer the vessel in such area of inland water in accordance with the mandatory requirements, as specified in section 83; (zl) “prescribed” means prescribed by rules by the Central Government or a State Government, as the case may be; (zm) “priority of lien” means the ranking of liens in the order in which they are perfected or recorded in the book of registry maintained at every port or place of registry; (zn) “reciprocating country” means any country, as may on the basis of reciprocity, specified by notification by the Central Government to be a reciprocating country for the purposes of this Act; (zo) “recognised organisation” means any organisation recognised and authorised by the Central Government to perform and execute the functions involved in survey, classification or certification of vessels; (zp) “salvage” means an act of the salvor in retrieving or saving any property or life in danger due to wreck or accident and includes all expenses incurred by the salvor in the performance of salvage services; (zq) “salvor” means any person who conducts salvage operations; (zr) “service provider” includes any person, who in the capacity of owner or operator of an inland vessel used or plying in inland waters, providing services to any service user for the purposes of transportation, storage or accommodation; (zs) “service user” includes any person who as a passenger or owner of cargo or freight forwarder, uses the services of any inland vessel in the inland waters for transportation, storage or accommodation purposes; (zt) “special category vessel” means a mechanically propelled inland vessel that is identified under this Act as special by considering its use, purpose, function or utility or the means of