The Inland Vessels Act, 2021
85. Vessel detention and forfeiture.-
(1)The State Government or any officer authorised under this Act may, detain, forfeit or remove from the inland waters, any mechanically propelled inland vessel, which is required to be registered under the provisions of this Act, if found-
(a) plying or being used in inland waters without a valid certificate of registration;
(b) plying without a valid certificate of survey;
(c) plying with passengers beyond the permitted carrying capacity;
(d) to have not affixed the registration number assigned to such vessels as provided under this Act;
(e) not complying with the manning requirements under Chapter VI;
(f) not complying with the provisions of Chapter VIII;
(g) to act in contravention to the provisions of Chapter X;
(h) not in compliance with the provisions of Chapter XII;
(i) to carry dangerous goods or prohibited goods in contravention to the provisions of section 81 or the rules made thereunder.
(2) The owner, operator or any such person recognised as responsible for the vessel under detention, shall pay the respective and applicable fees and charges for the safe custody and maintenance of the detained or forfeited vessel, which shall be pre-condition for release of the vessel and which if unpaid, shall create a lien over such vessel to comply with the provisions of this Act.
(3) Upon compliance with the provisions of this Act and the rules made thereunder, and after rectifying the mistakes that lead to detention, the State Government shall, without any unreasonable delay, release the vessel and her custody to the owner, operator or any such person recognised as responsible for the vessel under this Act.
(4) Unless specifically provided elsewhere in this Act, the procedures for detention, formality, fees and conditions to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this Act, for the purpose of detaining a vessel, shall be such as may be prescribed by the State Government.
(5) An officer so authorised to enter any vessel may, for the purpose of enforcing the order of detention or forfeiture, call to his aid, any police officer or any other person authorised under this Act or such other laws in force in India.
