In exercise of the powers conferred by sub section (1) read with clauses (d), (f) and (h) of sub section (2), of section 35, clauses (b), (f) and (g) of sub section (1) of section 14 and section 17 of the Inland Waterways Authority of India Act, 1985 (82 of 1985)

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-07032025-261497 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 157] NEW DELHI, THURSDAY, MARCH 6, 2025/PHALGUNA 15, 1946 INLAND WATERWAYS AUTHORITY OF INDIA NOTIFICATION New Delhi, the 4th March, 2025 F. No. IWT- IWAI -230115(11)/1/2020.—In exercise of the powers conferred by sub-section (1) read with clauses (d), (f) and (h) of sub-section (2), of section 35, clauses (b), (f) and (g) of sub-section (1) of section 14 and section 17 of the Inland Waterways Authority of India Act, 1985 (82 of 1985), the Inland Waterways Authority of India, with the previous approval of the Central Government, hereby makes the following regulations, namely:- 1. Short title and commencement. — (1) These regulations may be called the National Waterways (construction of Jetties/Terminals) Regulations, 2025. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Application. — These regulations shall — a. apply to all national waterways declared under sections 2 and 3 of the National Waterways Act, 2016 (17 of 2016); b. not apply to the area under the jurisdiction of any port governed by the provisions of the Indian Port Act, 1908 (15 of 1908) and the Major Port Authorities Act, 2021 (1 of 2021). 3. Definitions. — (1) In these regulations, unless the context otherwise requires, — (a) "access channel" means fairway between an inland waterway terminal and the main navigable channel of the national waterways maintained by the Authority; (b) "Act" means the Inland Waterways Authority of India Act, 1985 (82 of 1985); (c) "Appraisal Committee" means the committee constituted under regulation 10; (d) "Authority" means the Inland Waterway Authority of India constituted under section 3 of the Act; (e) "Certificate” means the No objection Certificate granted by the Authority to the terminal developer and operator under these regulations for developing and operating the inland waterway terminal; (f) "Chairman" means the Chairman of the Authority; (g) "existing inland waterway terminal” means an existing inland waterway terminal on or along the national waterways, developed by any entity other than the Authority; (h) “inland waterway terminal" means any jetty for cargo and passenger traffic on national waterway and includes wharves, jetties, landing stages, roll on- roll off facilities, inland ports, associated cargo handling equipment, storage spaces, road or rail access and the access channel required to connect the terminal with the main channel of the national waterway and also includes existing, permanent and temporary inland waterway terminal; (i) "permanent inland waterway terminal" means an inland waterway terminal on or along the national waterways, with fixed immovable structures, commissioned to facilitate transportation on national waterways and includes an existing inland waterway terminal with fixed immovable structures; (j) "temporary inland waterway terminal” means an inland waterway terminal that is a floating structure or temporary structure on or along the national waterways, set up to facilitate transportation on national waterways for a period of five years from the date of its commissioning; (k) "terminal developer and operator" means an entity to whom a Certificate has been issued under these regulations; and (1) “vessel” means the inland vessel as defined under the Inland Vessels Act, 2021 (24 of 2021). (2) The words and expressions used herein but not defined, shall have the meanings respectively assigned to them in the Act. 4. Eligibility for terminal developer and operator. — The following entities shall be eligible for terminal developer and operator under these regulations, namely: — (a) any individual or partnership firm having Permanent Account Number, Tax Deduction and Collection Account Number (in case of sole proprietorship firm) and registration with Goods and Services Tax; (b) a company registered in India under the Companies Act, 2013 (18 of 2013); (c) an organisation created under any Central Act or State Act; (d) any autonomous body, company, public sector undertaking or trusts or boards managed or controlled by the State Government or the Central Government, local authorities (like municipal corporations, zila panchayats, gram panchayats, etc.) or other statutory organisations; (e) an entity registered as a co-operative society under the Co-operative Societies Act, 1912 (2 of 1912) or a trust under Indian Trusts Act, 1882 (2 of 1882); and (f) a joint venture or consortium of any of the above. 5. Certificate for development of inland waterway terminal. — (1) Every entity specified in regulation 4, desirous of being a terminal developer and operator shall make an application to the Authority online for the grant of a No objection Certificate, along with the requirements and in the manner as specified in the Schedule and the application fee specified in regulation 6, for the purposes of development of new inland waterway terminal or the existing terminals. (2) The Appraisal Committee shall verify the documents and confirm as to whether the applicant fulfils the eligibility and other requirements under these regulations. (3) In case the proposed inland waterway terminal is in close proximity to an existing inland waterway terminal, the Authority shall, before granting the Certificate, assess the technical feasibility of such development to ensure that the operations of the existing inland waterway terminals are not obstructed or hampered. (4) The Authority shall grant the Certificate only after proper consideration of the relevant factors and the recommendations of the Appraisal Committee on the proposal. (5) Every application for the grant of Certificate under these regulations, shall be disposed of within a period of ninety days from the date of submission of the application. 6. Application fee. — The applicant referred to in regulation 5, shall deposit a non-refundable application fee specified in column (3) of the Table below, for the development or expansion of the inland waterway terminal specified against column (2) thereof, namely: — Table +-----+----------------------------------------------------------------------------------+----------------+ | S.. | Type of inland waterway terminal | Application fee| | No. | | in | | (1) | (2) | Rs. | | | | (3) | +=====+==================================================================================+================+ | 1. | Development of permanent inland waterway terminal and expansion of existing inland | 15,000 | | | waterway terminal in excess of 20% of existing capacity | | +-----+----------------------------------------------------------------------------------+----------------+ | 2. | Expansion of existing inland waterway terminal | 2,000 | +-----+----------------------------------------------------------------------------------+----------------+ | 3. | Development of temporary inland waterway terminal | 3,000 | +-----+----------------------------------------------------------------------------------+----------------+ 7. Permitted commodities. — (1) An inland waterway terminal may handle all type of cargos, subject to compliances with applicable laws as may be specified by the Authority by notification in this behalf. (2) All vessels registered under the Indian Vessels Act, 2021 (24 of 2021) and the Merchant Shipping Act 1958 (44 of 1958) may be permitted to operate on national waterways and to call on the inland waterway terminal. 8. General conditions to be complied with by the terminal developer and operator. –(1) Every terminal developer and operator who has been granted a Certificate under these regulations shall have a valid ownership or leasehold right in respect of the land required for the inland waterway terminal, and shall be responsible for (a) the design, construction and operation of the project including ensuring adherence to safety standards and compliance with all applicable laws, environmental regulations, and statutory norms; (b) the commercial and financial feasibility of the inland waterway terminal. (2) No Certificate shall be granted for development of an inland waterway terminal which is within the notified exclusivity zone. Explanation. For the purposes of this regulation, the expression “exclusivity zone” means any area within such distance from the existing inland waterway terminal as maybe specified by the Authority, by notification. (3) The Certificate granted to a terminal developer and operator under these regulations may be transferred or assigned to another party with the prior approval of the Authority. (4) The terminal developer and operator shall ensure commencement of operations of the permanent inland waterway terminal within a period of five years from the date of issuance of the Certificate by the Authority. (5) Failure to commence the operation of the permanent inland waterway terminal within the time specified in sub- regulation (4) may be liable to cancellation of the Certificate. (6) The Certificate issued in respect of a temporary inland waterway terminal shall be granted for a period of five years which may be extended by the Authority upon receipt of written request from the terminal developer and operator. 9. Access channel development. — The access channel connecting the main navigational channel to the inland waterway terminal shall be developed and maintained by the terminal developer and operator at its own cost, under supervision of the Authority. 10. Appraisal of applications. — An Appraisal Committee shall be constituted by the Chairman of the Authority for considering and recommending issuance or rejection of Certificate under these regulations. 11. Grant of Certificate. — The Authority shall grant the Certificate to the terminal developer and operator in Form I, containing the terms and conditions specified therein. 12. Liabilities and indemnification. — (1) The Authority shall not be responsible for any loss, destruction, damage or deterioration of goods at the inland waterway terminal. (2) The terminal developer and operator shall indemnify the Authority against any claims by any party towards damages or compensation for any loss caused to life or property during the development or operations of the inland waterway terminal. 13. Insurance and safety provisions. — (1) The terminal developer and operator shall ensure compliance with all safety requirements during development of the facilities on inland waterway terminal. (2) The terminal developer and operator shall obtain insurance coverage for all facilities and the personnel involved in the development or operation of the facilities. 14. Feedback. — The terminal developer and operator shall maintain a feedback register at the inland waterway terminal and obtain feedback from various users of the facilities. 15. Inspection. — The terminal developer and operator shall permit the representative of the Authority to carryout periodic inspection of the inland waterway terminal. 16. Cancellation of Certificate. —(1) The Authority may cancel the Certificate granted to the terminal developer and operator if such terminal developer and operator- (a) commits any breach of the terms and conditions; (b) contravenes any provisions of the Act; or (c) commits an unlawful act or omission. (2) Before issuing a notice for cancellation of the Certificate, the Authority shall issue a show cause notice to the terminal developer and operator, allowing thirty days for a response and if no response is received, or if the response is unsatisfactory, the order of cancellation shall be issued. (3) The terminal developer and operator may also surrender the Certificate by giving a notice of ninety days to the Authority. (4) In case of cancellation of the Certificate by the Authority, or upon surrender of the Certificate by the terminal developer and operator, the terminal developer and operator shall dismantle and remove the structures and equipment etc., at its own cost within a period of one hundred and eighty days from the order of cancellation under sub-regulation (2). (5) In the event of any breach of the terms and conditions specified in these regulations, the Authority shall have the right to claim for damages incurred by the Authority due to an act or omission committed by the terminal developer and operator for the damage caused to the national waterway or associated infrastructure. (6) The Authority may take over the inland waterway terminal assets, if deemed necessary, upon payment of due consideration, as determined by the Authority in this behalf. SCHEDULE (See regulation 5) Application for issuance of No objection Certificate by the Authority for development and operation of inland waterway terminal on or along national waterway. (A) Applicant details: 1. Name of the applicant: 2. Address and contact details of the applicant (including email id) 3. PAN/ GST Details/TAN (in case of sole proprietorship firm only) 4. Memorandum of association (MoA)/ Articles of association (AoA) 5. Certificate of incorporation of the company 6. Certification of incorporation, notification regarding incorporation / registration of Trusts or Boards or any local authority 7. Memorandum of association of society / Trust deed 8. Registration of the Co-operative Society and its rules and regulations 9. Joint venture/ consortium agreement along with the name and authorisation of its lead member. 10. Copy of the authorisation letter/power of attorney in favour of the authorised representative submitting the application on behalf of the applicant. 11. Copy of the Board resolution or such other document evidencing approval of the competent authority of the applicant to submit the present application. (B) Inland waterway terminal details: 1. Project background along with details of operational strength (manpower): 2. Location of the terminal (Co-ordinates/ map). 3. National Waterway. 4. Type of terminal (Permanent/ Temporary/Existing). 5. Land parcel size of terminal. 6. Duration for which the terminal is operational and further planned to be utilised (in years) (in case of an existing inland waterway terminal). 7. Duration for which terminal is planned to be utilized (in years) (in case of a new inland waterway terminal). 8. Proposed timeline for commencement of operations at the terminal. 9. Projected cargo volumes. 10. Cargo (Type/Tonnage) handled in last three years, if any, and projected cargo volumes (in case of an Existing Inland waterway terminal). 11. Infrastructural facilities at the Inland waterway terminal. 12. Any cargo monitoring IT application (software) installed in the Inland waterway terminal. 13. Do you need improvement of Channel (Yes/No): details- 14. Documents relating to No objection Certificate/ concession, if any, of the existing inland waterway terminal, by any authority of the Central or State Government or any other organisation constituted for the purposes by the Central or State Government. 15. The relevant documents establishing the ownership or right of the applicant over the land on which the inland waterway terminal is proposed to be developed. Which ownership shall not be for a period lesser than the period for which the No objection Certificate is being sought. 16. Documents (report/drawings) with details of the inland waterway terminal including concept sketch, general arrangement drawing, layout of the terminal and ancillary facilities, road/rail connectivity details, location map. In case of existing inland waterway terminal, the applicant shall also submit as built drawings of the facilities. 17. Traffic projections (including commodities, expected volumes per year, expected number of vessels to be handled per year. In the case of for existing inland waterway terminal, the applicant shall also submit traffic volumes of part three years also). 18. Details (report/drawings) of access channel for connecting the inland waterway terminal to the national waterway's main channel. Declaration With reference to our application dated _______ for grant of the No objection Certificate for the development and operations of the inland waterway terminal under the regulations _______ we hereby declare that, 1. All information provided as part of the application of the Certificate for the development and operations of the inland waterway terminal under these regulations are true and correct, nothing has been omitted which renders such information misleading; and all documents accompanying such application are true copies of their respective originals. 2. We shall make available to the Authority any additional information it may deem necessary or require for supplementing or authenticating the application. 3. We hereby agree to indemnify and hold harmless the Authority from any claims, damages, liabilities, or expenses arising from our any actions, omissions, or negligence or any person acting on our behalf in connection with the granting of the No objection Certificate or the operation of the Inland waterway terminal. This indemnity extends to all costs, legal fees, and expenses incurred by the Authority in defending such claims or in relation to any proceedings that may arise from the actions of the terminal developer and operator or its representatives. (Signature with date) For and on behalf of Name and designation of applicant FORM I No objection Certificate Reference No. Date: To, Subject: No objection Certificate for the Inland Waterway Terminal at _______ on National Waterway _______ Reference (i) Application ID: _______ (ii) Drawing: _______ Sir/Madam This in reference to the online application vide reference (i) above for the issuance of the No objection Certificate for the existing/ expansion of existing / permanent / temporary inland waterway terminal at _______ on national waterway _______ In exercise of powers conferred by sub-section (1), read with clauses (d), (f) and (h) of sub-section 2 of section 35, read with clauses (b), (f) and (g), of sub-section (1) under of 14 of the Inland Waterways Authority of India Act, 1985 (82 of 1985), and the _______ Regulations, -----, the Authority, hereby grants the No objection Certificate to the aforesaid application. This No objection Certificate is subject to the provisions of the regulations and the terms and conditions annexed to this Certificate. This is issued with the approval of the competent Authority Name: Designation General conditions to be complied with by the terminal developer and operator: 1. The terminal developer and operator will be responsible for compliance with all statutory requirements relating to environment laws, pollutions laws and such other applicable laws relating to safety during the development and operations of inland waterway terminal and shall obtain all statutory and non-statutory clearances that may be required for development and operations of the inland waterway terminal including structural safety and safety of operations. 2. The location of the inland waterway terminal shall not lie within the notified boundary of a wildlife sanctuary declared under the provisions of the Wildlife Protection Act, 1972 (53 of 1972) and Forest Conservation Act, 1980 (69 of 1980) or any other area notified under any law in force which prohibits such activity. 3. The terminal developer and operator will be responsible for technical design and construction of the facility and ensure adequacy with respect to the business plan and access to the facility. 4. The Access channel connecting inland waterway terminal to the main navigation channel will be developed and maintained by the terminal developer and operator at its own cost, under supervision of the Inland Waterway Authority of India. 5. The terminal developer and operator shall obtain all necessary clearances from the Central Government and State Governments and other authorities as may be required. 6. The terminal developer and operator will be responsible for payment of all applicable taxes, fee, charges and cess, etc. 7. The terminal developer and operator shall inform the Authority in writing regarding commencement of operations at the inland waterway terminal within fifteen days of commencement of operations. 8. The terminal developer and operator may charge fee from the users the inland waterway terminal including terminal charges and any charges related to value added services provided at the inland waterway terminal, subject to tariff regulations as per existing concession agreements or notifications issued by the competent Government or Statutory agencies, if any. 9. The terminal developer and operator shall be responsible for checking that the vessels berthed at the inland waterway terminal have the valid receipts of inland waterways user charges corresponding to the previous and onward journeys before loading or unloading or sailing of vessels. 10. The terminal developer and operator will inform the Authority of the payment of waterway user charges by the shipper or vessel operator for the loading or unloading of cargo at the inland waterway terminal. 11. The Inland Waterway Authority of India may direct the terminal developer and operator to install an information technology application at the inland waterway terminal so as to integrate it operations with other related information systems. 12. The Authority reserves the right of inspection of inland waterway terminal at any time. 13. The Terminal developer and operator shall ensure — (a) that the location of the inland waterway terminal shall not have any adverse implication on the fairway, channel or navigability of the waterway and will not cause hindrance to the plying of vessels in National Waterway; (b) that the development, operation and maintenance of such inland waterway terminal shall have no financial and risk liability on the Inland Waterway Authority of India. 14. The terminal developer and operator shall provide the complete data on cargo handled at the inland waterway terminal on a monthly basis by the 2nd day of every subsequent month. 15. The terminal developer and operator shall maintain record of berthing and loading or unloading of vessels or other activities as may be required by the Inland Waterway Authority of India from time to time. 16. All the costs relating to changes in the planning or design of infrastructure of the inland waterway terminal due to changes in access channel connectivity of the inland waterway terminal shall be borne by the terminal developer and operator. Col. Harsh Vardhan, Secy. [ADVT.-III/4/Exty./1015/2024-25]