Harnessing Water Routes: The Inland Waterways Authority of India Act

India is blessed with numerous water bodies. In many cases, inland water transport is feasible and economically viable for transport of goods and people. Therefore, considering the need for regulating travel in such waterways. The Parliament enacted the Inland Waterways Authority of India (IWAI) on December 30, 1985. The Inland Waterways Authority of India came into force on October 27, 1986, and provides guidelines for the creation and regulation of inland waterways for inland water transport (IWT) and business. Using grants provided by the Ministry of Shipping, the Authority creates and supports IWT facilities on national waters. The authority is headquartered in Noida.

Incorporation and Constitution of the Inland Waterways Authority of India

The IWA was enacted to establish a body to control and improve transport through inland waterways for maritime travel and navigation.

As per Section 3 of The IWAI Act, 1985, the Central Government is to constitute an authority by an official gazette by the Inland Waterways Authority. Such authority is a body corporate with a permanent succession, common seal, and the power to acquire, dispose of property, enter into a contract, and sue and be sued.

The IWAI consists of a Chairman, Vice Chairman, three full-time members, and three part-time members appointed by the Central government. A person who is an expert in his/her field can participate in the deliberations of the Authority, but they are granted the right to vote. The organisation can include with itself anyone whose help or guidance it may want in following the rules of this Act, as per the guidelines.

Powers of Chairman and Vice-Chairman

Section 5 of The IWAI Act, 1985 details the powers of the Chairman and Vice Chairman.

The Chairman can conduct meetings and is responsible for performing any authority-related tasks given to him/her and any additional responsibilities given.

The Vice-Chairman of the Authority shall perform any rights or obligations assigned to him/her by the Authority or provided in regulations.

Functions of the Authority

Section 14 of The IWAI Act, 1985, details the following functions:

1. To conduct surveys and examinations to build, preserve, make plans, and ensure effective utilisation of national waterways and adjacent land for navigation and shipping.

2. To present the establishment of infrastructure resources for national waterways.

3. To conduct conservancy strategies and instructional works and perform all other acts required to protect shipping and navigation.

4. To provision for the management of movement and transportation on national waterways.

5. To regulate acts such as dumping trash, disposal, or removing items from the bottom of the national waterways.

6. To spread awareness of weather conditions in national waterways navigation.

7. To coordinate inland water transportation with other transportation modes on national waterways.

8. To advise the central government on matters related to inland water transport.

9. To perform research in matters related to inland water transport.

10. To provide a scheme for carrying out functions that are approved or rejected by the central government.

Finance, Accounts, and Audit

Chapter V Section 17-24 of The IWAI Act, 1985 discusses finance, accounts, and audits.

Section 17 of The IWAI Act, 1985 states that the IWA can levy fees for the use of the water of the country for transportation, travel, and infrastructure requirements, such as passenger amenities, berthing facilities for ships, and facilities for carrying and storing cargo as per the rules of government.

Section 18 of the IWAI Act, 1985 states that the Central government can issue grants and loans after consulting with parliament.

Section 19 of the IWAI Act, 1985 details the Inland Waterways Authority of India Fund

• Any financial assistance given to the Inland Waterways Authority Of India by the Central Government as per Section 18
• Every charge and fee collected by the Authority
• All the money is obtained from any additional funding the Central Government determines.
• The fund will be used for meetings, salary and allowances of members, and expenses of Authority.

Section 20 of the IWAI Act, 1985, discusses the budget for the financial year forwarded to the Central Government.

Section 21 of the IWAI Act,1985 states that the Authority can invest its funds in the Central government.

Section 22 of the IWAI Act, 1985 states that the Authority should prepare an annual report.

Section 23 of the IWAI Act, 1985 Accounts and audits are maintained as per the consultation of the Comptroller and Auditor General.

Section 24 of the IWAI Act, 1985 details guidelines for annual reports before Parliament after approval by the Central Government.

Power to Make Rules

Section 34 of the IWAI Act, 1985 stipulates that the Central government can make rules:

• Regarding the term of office, condition, and service of members of the Authority
• Regarding the power and duties of certain members under Section 5
• Regarding the manner of preparation of the budget under section 20 and the annual report under Section 22.
• Regarding the manner of investment of funds and account and audit as per Sections 21 and 23, respectively.
• Regarding requirements and limitations for the use of the power as per Section 28 of the Act.

Power to Remove Difficulties

Section 37 of the IWAI Act, 1985, stipulates that the Central Government can make rules within the confines of the Act for removing difficulties.

Conclusion

This Act authorises the constitution of an Authority for the creation and control of inland waterways. Considerable people and freight are moved through unorganised inland waterways. In India, sailboats of various sizes run in numerous rivers and canals in addition to scheduled excursions by bigger vessels. The Act regulates the movement of such transport in India.