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O. G. No. 9 Series I Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410 Panaji, 29th May, 2008 (Jyaistha 8, 1930) SERIES I No. 9 Note: There are two Extraordinary issues to the Official 1. Short title and commencement. (1) This Gazette, Series I No. 8 dated 22-5-2008 as namely: Act may be called the Inland Vessels (Amendment) (1) Extraordinary dated 22-5-2008 from pages 393 to 396 Act, 2007. regarding Notification from Department of Public Health. (2) It shall come into force on such date as the (2) Extraordinary (No. 2) dated 28-5-2008 from pages 397 to 398 regarding Notification from Department of Central Government may, by notification in the Power (Office of the Chief Electrical Engineer). Official Gazette, appoint. GOVERNMENT OF GOA 2. Amendment of section 1. In section 1 of the Inland Vessels Act, 1917 1 of 1917. Department of Law & Judiciary (hereinafter referred to as the principal Act), in sub-section (2), the proviso shall Legal Affairs Division be omitted. ___ Notification 3. Amendment of section 2. In section 2 of the principal Act, in sub-section (1), 10/2/2007-LA/256 (i) for clauses (a), (b) and (c), the following The Inland Vessels (Amendment) Act, 2007 clauses shall, respectively, be substituted, namely: (Central Act No. 35 of 2007), which has been passed by Parliament and assented to by the (a) inland vessel or inland President of India on 17-9-2007 and published in mechanically propelled vessel means the Gazette of India, Extraordinary, Part II, Section 1, a mechanically propelled vessel, dated 17-9-2007, is hereby published for general which ordinarily plies on inland water, information of the public. but does not include fishing vessel and a ship registered under the Merchant Julio B. Noronha, Under Secretary (Law). Shipping Act, 1958; 44 of 1958. Porvorim, 13th November, 2007. (b) inland water means _________ (i) any canal, river, lake or other navigable water within a State, THE INLAND VESSELS (AMENDMENT) ACT, 2007 (ii) any area of any tidal water deemed to be the inland water as defined by the Central AN Government under section 70, ACT (iii) waters declared by the further to amend the Inland Vessels Act, 1917. Central Government to be smooth and partially smooth waters under BE it enacted by Parliament in the Fifty-eighth clause (41) of section 3 of the Year of the Republic of India as follows: Merchant Shipping Act, 1958; 44 of 1958. 400 OFFICIAL GAZETTE GOVT. OF GOA SERIES I No. 9 29TH MAY, 2008 (c) mechanically propelled vessel means period of three years before the first day of every description of vessel propelled wholly or November, 1956, the words a vessel of the Coast in part by electricity, steam or other mechanical guard, Indian Navy or regular Army for a period power including dumb vessel towed by the as may be prescribed by the State Government in mechanically propelled vessel and vessel this behalf shall be substituted; propelled by outboard motor;; (ii) after sub-section (1), the following (ii) after clause (g), the following clause shall be Explanation shall be inserted at the end, namely: inserted, namely: Explanation. For the purposes of this (ga) tidal water has the meaning section, assigned to it in clause (49) of section 3 of the Merchant Shipping Act, 1958;. 44 of 1958. (a) the expression Coast Guard shall have the meaning assigned to 4. Amendment of section 3. In section 3 of it in clause (d) of section 2 of the the principal Act, in sub-section (1), Coast Guard Act, 1978; 30 of 1978. (i) for the words and applicable to such voyage (b) the expression Indian Navy or service, the words in the zone intended for shall have the meaning assigned to operation and applicable to such voyage or service it in clause (10) of section 3 of the in such zone shall be substituted; Navy Act, 1957; 62 of 1957. (ii) the following Explanation shall be inserted (c) the expression regular Army at the end, namely: shall have the meaning assigned to it in clause (xxi) of section 3 of the Explanation. For the purposes of this sub- Army Act, 1950.. 46 of 1950. section, zone means any such inland water area as the State Government may, depending 8. Amendment of section 30. In section 30 of on the maximum significant wave height criteria, the principal Act, clause (a) shall be re-lettered as by notification in the Official Gazette, specify for clause (aa), and before clause (aa) as so re-lettered, the purposes of this Act.. the following clause shall be inserted, namely: 5. Insertion of new section 9A. After section 9 (a) the period of service in the Coast Guard, of the principal Act, the following section shall be Indian Navy or regular Army which is required inserted, namely: for a person to be granted a certificate without examination under section 22,. 9A. Temporary permit. The surveyor who conducted the survey may, without following 9. Substitution of new section for section 31. the procedure laid down in section 9, grant a For section 31 of the principal Act, the following permit to the effective for a period which shall section shall be substituted, namely: not in any case exceed forty-five days, to 31. Effect of certificates of competency or authorise the inland mechanically propelled service and licences. A certificate of vessel to proceed on voyage or use in service competency or service and licence granted temporarily pending the issue of the certificate under this Chapter shall have effect throughout of survey.. India.. 6. Amendment of section 19I. In section 19I of 10. Amendment of section 52. In section 52 of the principal Act, in sub-section (3), for the words the principal Act, in sub-section (2), twelve months, the words thirty-six months shall be substituted. (a) in clause (i), the word and occurring at the end shall be omitted; 7. Amendment of section 22. In section 22 of (b) after clause (j), the following clauses shall the principal Act, be inserted, namely: (i) in sub-section (1), for the words and figures (k) prescribed the requirements that the an inland mechanically propelled vessel for a hull, equipment and machinery of inland OFFICIAL GAZETTE GOVT. OF GOA 401 SERIES I No. 9 29TH MAY, 2008 mechanically propelled vessel shall comply (viii) references to permit shall with; be construed as references to a certificate of registration granted (l) prescribe the requirement of life saving under section 19F of the Inland appliances; and Vessels Act, 1917; 1 of 1917. (m) prescribe the apparatus required for and such other consequential amendments as the communication and navigation.. rules of grammar may require, shall also be made; 11. Substitution of new section for section 54C. (b) in section 145, For section 54C of the principal Act, the following section shall be substituted, namely: (i) after clause (a), the following clause shall be inserted, namely: 54C. Application of section 134, Chapters X, XI and XII of the Motor (aa) goods service vessel means any Vehicles Act, 1988 in relation to the mechanically propelled vessel used or mechanically propelled vessels. The adapted to be used for carriage of cargo for provisions of section 134, Chapters X, hire or reward;; XI and XII of the Motor Vehicles Act, 1988 shall, as far as may be apply, in 59 of 1988. (ii) after clause (d), the following clause shall relation to the mechanically propelled be inserted, namely: vessels as they apply in relation to motor vehicles, subject to the following (da) public service vessel means any modifications, namely: mechanically propelled vessel used or adapted to be used for the carriage of (a) in section 134 and throughout in Chapters passengers for hire or reward;; X, XI and XII, (iii) after clause (e), the following clause shall (i) references to motor or motor be inserted, namely: vehicle or vehicle shall be construed as references to mechanically propelled (e) property includes goods carried in vessel; the inland vessel, bridges, landing facilities, navigation marks and infrastructure;; (ii) references to public place shall be construed as references to inland water; (iv) after clause (f), the following clause shall (iii) references to public service vehicle be inserted, namely: shall be construed as references to public (fa) route means a line of travel which service vessel; specifies the water-way which may be (iv) references to goods vehicle shall be traversed by a mechanically propelled vessel construed as references to goods service between one terminal and another;; vessel; (c) in section 149, in sub-section (2), in clause (v) references to State Transport shall be (a), construed as references to State Water (i) in sub-clause (i), Transport; (A) in item (c), for the words transport (vi) references to driver or driver of a vehicle, the words public service vessel or vehicle shall be construed as references to goods service vessel shall be substituted; master of a vessel; (B) item (d) shall be omitted; (vii) references to driving licence shall be construed as (ii) in sub-clause (ii), for the words references to a certificate granted not duly licensed, the words and under Chapter III of the Inland figures not holding a certificate Vessels Act, 1917; 1 of 1917. granted under Chapter III of the Inland 402 OFFICIAL GAZETTE GOVT. OF GOA SERIES I No. 9 29TH MAY, 2008 Vessels Act, 1917 shall be sub- 1 of 1917. 54E. Prohibition as to discharge of oil, oily stituted; mixture, etc. in the inland water. No oil or oily mixture, hazardous chemical or obnoxious (d) in section 158, substance from a mechanically propelled vessel (i) for the words transport vehicle, shall be discharged in inland water: wherever they occur, the words public service vessel or goods service vessel shall be Provided that nothing in this section shall apply substituted, and such other consequential to the discharge of such oil or oily mixture, amendments as the rules of grammar may hazardous chemical or obnoxious substance from require shall also be made; a mechanically propelled vessel for the purpose of securing the safety of a mechanically propelled (ii) in sub-section (1), for clause (d), the vessel, preventing damage to a mechanically following clause shall be substituted, namely: propelled vessel, cargo or saving of life at inland water.
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