Bare Acts

CHAPTER IX PREVENTION OF POLLUTION CAUSED BY INLAND VESSEL


52. Chemicals, etc., to be designated as pollutants.—(1) The Central Government shall, by
notification, designate the list of chemicals, any ingredients or substance carried as bunker or as cargo, or
any substance in any form discharged from any mechanically propelled inland vessel, as pollutants.
(2) The owner or master of any mechanically propelled inland vessel shall discharge or dispose of the
sewage and garbage in accordance with such standards and manner as may be prescribed by the Central
Government.
(3) No mechanically propelled inland vessel shall cause pollution by discharging or dumping of
pollutants designated under sub-section (1):
Provided that nothing in this sub-section shall apply to the discharge dump or emission of such oil or
oily mixture, hazardous chemical or obnoxious substance or any other pollutant, as the case may be, from
a mechanically propelled inland vessel for the purpose of securing the safety of any mechanically
propelled inland vessel, preventing damage to another mechanically propelled inland vessel, cargo or
saving of life at inland waters.
53. Certificate of prevention of pollution.—(1) The Central Government shall, by rules made in this
behalf, specify the standards of construction and equipment of the mechanically propelled inland vessels
to ensure compliance with the requirements of this Chapter.
(2) The State Government shall appoint or authorise such officers to ensure construction, installation
and maintenance of equipment of all mechanically propelled inland vessels and issue certificate of
prevention of pollution, in compliance with the provisions of this Chapter.
(3) Every mechanically propelled inland vessel, which has been constructed and equipped in
compliance with this Chapter shall be issued with a certificate of prevention of pollution in such form,
validity and content as may be prescribed by the Central Government.
(4) Every mechanically propelled inland vessel shall carry on board a valid certificate of prevention
of pollution and shall furnish the same on demand by concerned officers appointed or authorised under
this Chapter.
54. Reception facilities and containment of pollution.—(1) The Central Government shall, by rules
made in this behalf, specify the conditions for construction, use and maintenance of reception facilities for
the containment of pollution and removal of pollutants arising from spillage or discharge arising from
mechanically propelled inland vessels at all cargo terminals or passenger terminals.
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(2) The owner or operator of all cargo terminals or passenger terminals shall provide reception
facilities to discharge oil, oily mixture, hazardous chemicals, sewage or obnoxious substances at such
cargo or passenger terminal, as the case may be, in compliance of sub-section (1).
(3) The owner or operator of all cargo terminals or passenger terminals, providing reception facilities
shall receive charges, at such rates as may be prescribed by the State Government.
(4) For the purposes of minimising the pollution already caused, or for preventing the imminent threat
of pollution, the Central Government or such other officer appointed by the State Government may, by
order in writing, direct the owner or operator of cargo or passenger terminal to provide or arrange for the
provision of such pollution containment equipment and pollutant removing materials, at such cargo and
passenger terminal, as may be specified in such order.
(5) The owner or operator of the passenger or cargo terminal shall submit a report of compliance to
the Central Government or such other officer appointed under sub-section (4), in such form as may be
prescribed by the State Government.
(6) The owner, operator or master of any mechanically propelled vessel used or plying within inland
waters, shall discharge the pollutants at the port reception facilities in such manner as may be prescribed
by the State Government.
55. Appointment of surveyor or officer to inspect.—(1) The State Government may appoint or
authorise such officers as surveyors to inspect any cargo or passenger terminal lying within its respective
jurisdiction.
(2) The surveyor authorised under sub-section (1) may, at any reasonable time, enter and inspect any
cargo or passenger terminal to—
(a) ensure that the provisions of this Chapter are complied with;
(b) verify whether such cargo or passenger terminal is equipped for pollution containment and
removal, in conformity with the order of the State Government or any of the rules made under this
Chapter; and
(c) satisfy himself of the adequacy of the measures taken to prevent pollution.
(3) If the surveyor, on inspection, finds that the cargo or passenger terminal is not provided with the
required pollution containment equipment and pollutant removing materials, he shall give a notice in
writing pointing out the deficiencies and the recommended remedial measures to rectify such deficiency,
that is identified during the inspection, to the owner or operator of such cargo or passenger terminal, as
the case may be.
(4) No owner or operator of such cargo or passenger terminal, as the case may be, served with the
notice under sub-section (3), shall proceed with any work at such cargo or passenger terminal, until he
obtains a certificate signed by the surveyor to the effect that the cargo or passenger terminal, is properly
provided with the required pollution containment equipment and pollutant removing materials in
conformity with the rules made under this Chapter.
56. Investigation into incidents of pollution.—(1) The State Government shall direct any designated
authority or such other authorised officer appointed under Chapter XIII to conduct investigation into
incidents of pollution.
(2) The State Government shall update the Central Government with such information or report of the
court, if so directed by such court concerned, on incidents of pollution that occurs within its jurisdiction. 

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