60. Liability under Act.—(1) The owner, operator, master, a member of crew or an insurer shall be
liable for the offences and contraventions of the provisions of this Act or the rules made thereunder.
(2) Where any person is beneficially interested otherwise than by way of mortgage or in the share in
any mechanically propelled inland vessel registered in the name of some other person as owner, the
person so interested, and the registered owner, shall be liable to all the pecuniary penalties imposed by
this or any other Act on the owners of mechanically propelled inland vessels or shares therein.
61. Apportionment of loss.—(1) Whenever by the fault of two or more mechanically propelled
inland vessels, damage or loss is caused to one or more of them or to the cargo of one or more of them or
to any property on board one or more of them, the liability to make good the damage or loss shall be in
proportion to the degree in which each of such vessel was at fault:
Provided that—
(a) if, having regard to all the circumstances of the case, it is not possible to establish different
degrees of fault, the liability shall be apportioned equally;
(b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to
which such vessel has not contributed;
(c) nothing in this section shall affect the liability of any person under any contract, or shall be
construed as imposing any liability upon any person from which he is exempted by any contract or by
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the provisions of any law for the time being in force, or as affecting the right of any person to limit
his liability in the manner provided by such law.
(2) For the purposes of this Chapter, reference to damage or loss caused by the fault of a mechanically
propelled inland vessel shall be construed as including reference to any salvage or other expenses,
consequent upon that fault, recoverable under the provisions of any law for the time being in force by way
of damages.
(3) The person who has suffered damage or injured or his representative may apply to any court
having appropriate jurisdiction on the claim, for the detention or attachment of the vessel.
62. Liability for personal injury, loss of life or pollution to environment.—(1) Where, loss of life
or personal injuries is suffered, damage to property or pollution is caused by any person on any
mechanically propelled inland vessel or any other vessel, owing to the fault of that vessel and of any other
vessel or vessels, the liability of the owners of such vessels concerned shall be joint and several.
(2) No liability for any claim other than loss of life, personal injury or pollution, shall attach to the
owner, operator, master, or a member of crew or insurer under this Chapter, if he proves that the cause for
claim—
(a) was a result of an act of war, hostility, civil war, insurrection or a natural phenomenon of an
exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission with intent to cause such damage by any other
person; or
(c) was wholly caused by the negligence or other wrongful act of a State Government or other
authority responsible for the maintenance of lights or other navigational aids in exercise of its
functions in that behalf.
63. Detention of mechanically propelled inland vessel.—The State Government may appoint or
authorise any officer under this Chapter, for the purpose of detaining any mechanically propelled inland
vessel in connection with a claim, or an offence under this Chapter, and the procedure thereof shall be
such as may be prescribed by that Government.
64. Limitation of liability.— (1) The owner, operator, master or any person in-charge of a vessel or
member of crew of any mechanically propelled vessel may limit the extent of his liability for—
(a) claims in respect of loss of life or personal injury, or loss of, or damage to, property including
damage to jetties, wharfs, harbour basins and waterways and aids to navigation, occurring on board or
in direct connection with the operation of such vessels or with salvage operations, and consequential
loss resulting therefrom;
(b) claims arising out of loss resulting from delay in the carriage of cargo and passengers or their
luggage by inland waters;
(c) claims arising out of other loss resulting from infringement of rights other than contractual
rights, occurring in direct connection with the operation of such vessel or salvage operations;
(d) claims in respect of the raising, removal, destruction or rendering harmless of a vessel or the
cargo which is sunk, wrecked, stranded or abandoned;
(e) claims of a person, other than the person liable, in respect of measures taken by such person in
order to avert or minimise loss and for further loss caused by such measure;
(f) claims for the loss of life or personal injury to passengers of such vessel brought by or on
behalf of any person—
(i) under the contract of passenger carriage; or
(ii) who, with the consent of the carrier, is accompanying a vessel for live animals which
are covered by a contract for the carriage of goods, carried in such vessel.
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(2) Notwithstanding anything contained in this section, no person shall be entitled to limit his liability
for—
(a) claims for salvage; or
(b) claims stipulated as exempted from the application of limitation of liability under any other
law for the time being in force in India.
(3) Notwithstanding anything contained in this section, the act of invoking limitation of liability shall
not be construed as constituting an admission of liability by any person who takes the defence.
(4) For the purposes of this Chapter, the liability of the owner or operator of a mechanically propelled
inland vessel shall include the liability in an action brought against such vessels.
(5) The limits of liability and the criteria in determining compensation for any claim as provided
under sub-section (1) shall be such as may be prescribed by the Central Government.
(6) The person entitled to limit liability under sub-section (1) may apply to the High Court of
respective jurisdiction for constituting a limitation fund for the consolidated rate as provided for under
this Chapter.
(7) Where a vessel or other property is detained in connection with a claim, covered under this
Chapter, the High Court may order release of such vessel or other property, upon an application made by
the person, who is entitled to limit their liability and by—
(a) ensuring that such person, who is entitled to constitute the limitation fund has submitted his
availability in person to the jurisdiction of the High Court; or
(b) depositing sufficient fund or financial guarantee as determined by the High Court as security;
or
(c) constituting the limitation fund, as the case may be.
65. Non-applicability of limitation.— No person shall be entitled to limit the liability against any
claim, if such claim has arisen due to intentional act or negligence of the person or his employee, who
otherwise would have been entitled to limit his liability under this Chapter.