Draft Rules Mandate Prior Approval for Alterations and Modifications to Inland Vessels

The Ministry of Ports, Shipping and Waterways issued a notification on July 11, 2025, publishing the draft of the Inland Vessels (Prior Approval for Alteration and Modification) Rules, 2025. This proposed legislative instrument, issued under the authority of sub-sections (1) and (2) of section 8 read with clause (f) of sub-section (2) of section 106 of the Inland Vessels Act, 2021 (24 of 2021), aims to establish a comprehensive framework for regulating changes made to inland vessels. The Central Government proposed these rules to ensure the safety, structural integrity, and compliance of mechanically propelled inland vessels undergoing alterations or modifications. The draft rules were published for public information, inviting objections or suggestions within a period of thirty days from their publication in the Official Gazette. Upon their finalization and publication, these rules are slated to come into force immediately.

The draft rules define "alteration or modification" broadly, encompassing any changes that could impact a vessel's strength, stability, safety, certification status, watertight integrity, or its type or primary function. Key provisions mandate that vessel owners or operators seeking to make such changes must submit an application to a Designated Authority (the body responsible for reviewing and approving such changes). This authority is tasked with reviewing the proposed alterations to assess their impact on vessel safety, strength, stability, and structural integrity, ensuring compliance with the Inland Vessels (Design and Construction) Rules, 2024. For significant changes, the Designated Authority may require an independent evaluation by experts such as naval architects or marine engineers. A crucial requirement is that a certificate of prior approval must be obtained from the Designated Authority and maintained onboard the vessel at all times. The rules also differentiate between "major alterations," which substantially affect a vessel's dimensions, capacity, type, function, service life, or watertight integrity, and "minor alterations," which, while not involving significant structural changes, may still impact structural strength and must be reported within one month.

The legislative intent behind these draft rules is to enhance the safety and operational standards of inland vessels across India. Prior to these proposed rules, a specific, detailed regulatory mechanism for alterations and modifications to inland vessels under the Inland Vessels Act, 2021, was being developed. These rules address potential statutory gaps by providing a clear, enforceable procedure for ensuring that any changes to vessels do not compromise safety, stability, or environmental protection. The policy rationale centers on preventing accidents, protecting lives, and minimizing environmental damage by mandating rigorous oversight before and after modifications. The legislation provided: “alteration or modification” means alterations or modifications which would affect the strength, stability and safety or certification status or watertight integrity or change in type or primary function of any mechanically propelled inland vessel or other criteria as notified by the Central Government. This definition underscores the broad scope of changes requiring scrutiny.

The rules establish stringent criteria for granting approval, emphasizing safety, structural integrity, stability analysis, and environmental impact, aligning with existing regulations such as the Inland Vessels (Design and Construction) Rules, 2024, and the Inland Vessels (Prevention and Containment of Pollution) Rules, 2022. Owners are obligated to obtain a revised certificate of survey and registration for any alteration or modification affecting strength, stability, or safety, as per section 28 of the parent Act. The framework also introduces clear enforcement mechanisms, stipulating that failure to comply with these rules could lead to regulatory non-compliance, endangerment of the vessel and crew, and the imposition of appropriate penalties by the State Government under section 87 of the Inland Vessels Act, 2021. This comprehensive approach aims to create a safer and more environmentally responsible inland waterways sector.

Keywords: Inland Vessels, Alteration, Modification, Prior Approval, Safety, Shipping, Waterways, Draft Rules, India, Central Government

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