National Waterways Act, 2016 |The LexSphere Library

SECTION 1

The National Waterways Act

•The National Waterways Act, 2016 Act No. 17 of 2016 [25th March, 2016.] An Act to make provisions for existing national waterways and to provide for the declaration of certain inland waterways to be national waterways and also to provide for the regulation and development of the said waterways for the purposes of shipping and navigation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-

SECTION 2

Short Title and Commencement

1.Short title and commencement.- (1) This Act may be called the National Waterways Act, 2016. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 1. 12th April, 2016, vide notification No. S.O. 1384 (E), dated 11th April, 2016, see Gazette of India, Part II, sec. 3(ii).

SECTION 3

Existing National Waterways and Declaration of Certain Inland Waterways as National Waterways

2.Existing national waterways and declaration of certain inland waterways as national waterways.- (1) The existing national waterways specified at serial numbers 1 to 5 in the Schedule along with their limits given in column (3) thereof, which have been declared as such under the Acts referred to in sub-section (1) of section 5, shall, subject to the modifications made under this Act, continue to be national waterways for the purposes of shipping and navigation under this Act. (2) The regulation and development of the waterways referred to in sub-section (1) which have been under the control of the Central Government shall continue, as if the said waterways are declared as national waterways under the provisions of this Act. (3) The inland waterways specified at serial numbers 6 to 111 in the Schedule along with their limits given in column (3) thereof are hereby declared to be national waterways for the purposes of shipping and navigation.

SECTION 4

Declaration as to Expediency of Control and Development by Union of Waterways Specified In Schedule for Certain Purposes

3.Declaration as to expediency of control and development by Union of waterways specified in Schedule for certain purposes.- Save as provided in sub-sections (1) and (2) of section 2, it is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation and development of the waterways specified in the Schedule for the purposes of shipping and navigation to the extent provided in the Inland Waterways Authority of India Act, 1985 (82 of 1985).

SECTION 5

Amendment of Section 2 of Act 82 of 1985

4.Amendment of section 2 of Act 82 of 1985.- In the Inland Waterways Authority of India Act, 1985, in section 2, for clause (h), the following clause shall be substituted, namely:- (h) "national waterway" means the inland waterway declared by section 2 of the National Waterways Act, 2016, to be a national waterway. Explanation.-If Parliament declares by law any other waterway to be a national waterway, then, from the date on which such declaration takes effect, such other waterway- (i) shall also be deemed to be a national waterway within the meaning of this clause; and (ii) the provisions of this Act shall, with necessary modifications (including modification for construing any reference to the commencement of this Act as a reference to the date aforesaid), apply to such national waterway;-

SECTION 6

Repeal of Certain Enactments and Saving

5.Repeal of certain enactments and saving.- (1) The following Acts, namely:- (a) the National Waterway (Allahabad-Haldia Stretch of the Ganga Bhagirathi-Hooghly River) Act, 1982 (49 of 1982); (b) the National Waterway (Sadiya-Dhubri Stretch of Brahmaputra River) Act, 1988 (40 of 1988); (c) the National Waterway (Kollam-Kottapuram Stretch of West Coast Canal and Champakara and Udyogmandal Canals) Act, 1992 (25 of 1992); (d) the National Waterway (Talcher-Dhamra Stretch of Rivers, Geonkhali-Charbatia Stretch of East Coast Canal, Charbatia-Dhamra Stretch of Matai River and Mahanadi Delta Rivers) Act, 2008 (23 of 2008); and (e) the National Waterway (Kakinada-Puducherry Stretch of Canals and the Kaluvelly Tank, Bhadrachalam-Rajahmundry Stretch of River Godavari and Wazirabad-Vijayawada Stretch of River Krishna) Act, 2008 (24 of 2008), are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Acts referred to in sub-section (1), in so far as they are in conformity with the provisions of this Act, shall be deemed to have been done or omitted to be done or taken or not taken under the provisions of this Act.

SECTION 7

Table

•Sunderbans Waterways: (i) Namkhana at Lat 21o45'46" N, Lon 88o13'06"E to Athara Banki Khal Lat 21o56'57"N, Lon 89o05'32"E; (ii) Bidya River: Lot No. 124 at Lat 21o54'43" N, Lon 88o41'08"E to near Uttar Danga at Lat 22o11'48"N, Lon 88o51'55"E; (iii) Chhota Kalagachi(Chhoto Kalergachi) River:Near Rajani ferry ghat Lat 22o19'57" N, Lon 88o54'21"E to near Nazat at Lat 22o26'05"N, Lon 88o50'12"E; (iv) Gomar River: Near Ramkrishnapur Lat 22o11'53" N, Lon 88o44'42"E to near Gosaba Kheya ghat at Lat 22o10'05"N, Lon 88o47'37"E; (v) Haribhanga River: Bangladesh Border Lat 21o53'19" N, Lon 89o01'24"E to confluence with Jhila river at Lat 21o58'18"N, Lon 88o55'08"E; (vi) Hogla (Holgal)-Pathankhali River: Near Parandar Lat 22o12'22" N, Lon 88o40'43"E to near Sandeshkhai Ferry Ghat at Lat 22o21'12"N, Lon 88o52'48"E; (vii) Kalindi (Kalandi) River: Bangladesh Border at Hingalganj Lat 22o28'08" N, Lon 88o59'46"E to Bangladesh Border near Khosbash at Lat 22o24'41"N, Lon 88o58'21"E; (viii) Katakhali River: Bangladesh Border near Barunhat Lat 22o30'31" N, Lon 88o58'25"E to Lebukhali ferry at Lat 22o21'45"N, Lon 88o57'30"E; (ix) Matla River: Bay of Bengal at Lat 21o33'04" N, Lon 88o38'26"E to Canning ferry ghat at Lat 22o18'39"N, Lon 88o40'43"E; (x) Muri Ganga (Baratala) River: Bay of Bengal near Bisalakshmipur Lat 21o37'52" N, Lon 88o10'0"E to near Kakdwip at Lat 21o52'17"N, Lon 88o09'08"E; (xi) Raimangal River: Hemnagar at Lat 22o11'41" N, Lon 88o58'01"E to Rajnagar at Lat 22o33'57"N, Lon 88o56'17"E; (xii) Sahibkhali (Sahebkhali) River: Near Ramapur Lat 22o17'52" N, Lon 88o56'35"E to Bangladesh Border near Khosbash at Lat 22o24'41"N, Lon 88o58'21"E; (xiii) Saptamukhi River: Bay of Bengal at Henry Island Lat 21o34'57" N, Lon 88o19'08"E to near Chintamanipur at Lat 21o51'14"N, Lon 88o18'41"E; (xiv) Thakurran River: Bay of Bengal at Lat 21o33'32" N, Lon 88o27'45"E to Madhabpur at Lat 22o02'52"N, Lon 88o33'28"E;