42. Special category vessels.—(1) For the purposes of this Chapter, the Central Government may, by
rules to be made in this behalf, specify the criteria and standards to identify any class or category of
mechanically propelled inland vessels as special category vessels based on their design, construction, use,
purpose, area of plying, source of energy or fuelling, or any other criteria or standards.
(2) The requirements of construction, design, survey, registration, manning, qualification,
competency, or the requirements in addition to those contained elsewhere in this Act shall be such, as
may be prescribed by the Central Government.
(3) The State Governments shall identify the mechanically propelled inland vessels as special
category vessels based on the criteria and standards prescribed by the Central Government under subsection (1).
43. Appointment or authorisation of officers to implement provisions, grant certificate of
fitness, etc.—(1) The State Government shall appoint or authorise such number of officers for the
purpose of performing duties and implementing the provisions of this Chapter.
(2) On an application made by owner, operator or master of any mechanically propelled inland vessel
in such form as may be prescribed by the State Government, any officer appointed or authorised under
sub-section (1), on being satisfied that such vessel complies with the provisions of this Act and falls under
the special category vessels as identified in this Chapter, and subject to such other conditions including
validity as may be prescribed by the State Government, may grant a certificate of fitness, in such form
and manner as may be prescribed by that Government.
(3) The officer appointed or authorised under sub-section (1) may, for reasons to be recorded in
writing, refuse to grant the certificate of fitness in respect of an application made under sub-section (2).
44. Safety of passengers or service users.—(1) The safety features, gears and such other measures
by which any mechanically propelled inland vessel, identified as special category vessel under this
Chapter, shall comply with and be equipped in accordance with the categorisation of such vessel, shall be
such as may be prescribed by the State Government.
(2) The maximum carrying capacity of the vessel identified as special category vessel by specifying
the safety loadline or the limits of loadline to keep them afloat, or such other criteria and conditions, other
than those mentioned elsewhere in this Act for the safe voyage of such inland vessel, shall be such as may
be prescribed by the State Government.
45. Inspection of vessel.—(1) The surveyor may, other than for the purpose of survey, at any
reasonable time, go on board any special category vessel, and inspect the respective vessel including the
hull, equipment and machinery or any part or properties of such vessel.
(2) The owner, operator, agent, master and any such person in-charge of the special category vessel,
shall make available all necessary facilities to the surveyor for inspection and survey, and all such
information regarding the vessel and her machinery and equipment, or any part thereof, respectively, as
the surveyor or such other officer may reasonably require.
46. Suspension or cancellation of certificate of fitness.—(1) If any special category vessel does not
comply with the provisions of this Act or the rules made thereunder, the State Government may issue
notice to the owner or operator or master or any person in-charge of such vessel, for rectifying the noncompliance within such time as may be specified therein.
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(2) In case of continuance of non-compliance by the owner or operator or master or any person incharge of the special category vessel even after receipt of the notice issued under sub-section (1), the State
Government may, after providing an opportunity of being heard and for reasons to be recorded in writing,
suspend or cancel the certificate of fitness issued to such vessel under this Chapter.
(3) If the certificate of fitness of a special category vessel has been suspended or cancelled under subsection (2), then such vessel shall cease to operate till the suspension is revoked, or in the event of
cancellation, shall cease to operate till a new certificate of fitness is granted.