1 THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II INLAND WATERWAYS AUTHORITY OF INDIA 3. Constitution and incorporation of the Inland Waterways Authority of India. 4. Conditions of service of members. 4A. Disqualifications for appointment as member. 5. Powers of Chairman and Vice-Chairman. 5A. Meetings. 6. Removal, etc., of members. 7. Vacancy, etc., not to invalidate proceedings of the Authority. 8. Secretary and other officers. 9. Advisory Committees. 10. Authority to act on business principles. CHAPTER III PROPERTY AND CONTRACTS 11. Transfer of assets and liabilities of the Central Government to the Authority. 12. Contracts by the Authority. 13. Mode of executing contracts on behalf of the Authority. CHAPTER IV FUNCTIONS AND POWERS OF THE AUTHORITY 14. Functions of the Authority. 15. Amendment of schemes. 16. [Omitted.]. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 17. Levy and collection of fees and charges. 18. Grants and loans by the Central Government. 18A. Borrowing powers of the Authority. 19. Constitution of the Fund.2 SECTIONS 20. Budget. 21. Investment of funds. 22. Annual report. 23. Accounts and audit. 24. Annual report and auditors’ report to be laid before Parliament. CHAPTER VI MISCELLANEOUS 25. Power of Central Government to issue directions. 26. Compulsory acquisition of land for the Authority. 27. Application, etc., of certain laws. 28. Power to enter. 29. Delegation. 30. Authentication of orders and other instruments of the Authority. 31. Members, officers and employees of the Authority to be public servants. 32. Protection of action taken in good faith. 33. Power of Central Government to supersede the Authority. 34. Power to make rules. 35. Power to make regulations. 36. Rules and regulations to be laid before Parliament. 37. Power to remove difficulties. 38. Amendment of Act 49 of 1982.3 THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985 ACT NO. 82 OF 1985 [30th December, 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 date1 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; 1. 27th October, 1986, vide notification No. S.O. 763(E), dated 27th October, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(ii).4 (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. 1[(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. 4. Conditions of service of members.—The term of office and other conditions of service of the members shall be such as may be prescribed. 2[4A.