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Section 15

The Assam Inland Water Transport Regulatory Authority Act, 2018State Act of Assam · Act 27 of 2018

(1) The Regulatory Authority may,-

(1) if and when considers it expedient so to do. may, by order in writing, call upon any inland waterway service provider at any time to furnish in writing information, including financial data, or explanation relating to its functions as the Regulatory Authority may require;

(ii) issue improvement or prohibitory notices to a vessel, port, company, owner, terminal operator as the case may be;

(iii) make an inquiry in relation to the affairs o f any inland waterways operator or service provider or may appoint any of its officers to inspect the books of account or other document of any inland waterways operator or service provider;

(iv) itself investigate or form a committee to independently investigate any inland waterways related accidents;

(2) The State Government may in appropriate cases, if so wishes, by order in writing, authorize the Ministry of Transport to have THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3783 general superintendence over the Regulatory Authority especially for the purpose of policing waterways of Assam in the interest of security, safety and prevention of pollution in such waterways.

The State 16.

Government may empower (i) the Regulatory Authority:

The State Government may empower the Regulatory Authority,- to realise and regulate any or all of the passenger tariffs, tolls or fees;

to realise and regulate any or all of the cargo tariffs, tolls and fees;

(iii) to regulate passenger and vessel route licensing and allocation;

(iv) to regulate passenger and vessel landings, terminal landings;

(v) to regulate fair competition amongst public and private players;

(vi) to oversight complaints through its dispute settlement department;

and

(vii) to address the disputes in public private partnership arrangements.

Regulatory Authority to have same powers as vested in a Civil Court.

17. The Regulatory Authority shall, while discharging its functions under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— Central Act 5 of

1908.

(i) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

(ii) requiring the discovery and inspection of documents;

(i») receiving evidence on affidavit; and

(iv) requisitioning any public record or copies thereof from any court or office;

Transparency and Good Governance.

18. The Regulatory Authority shall ensure good governance, transparency and fairness while exercising its powers, functions and duties as enshrined under this Act by engaging in due consultations with all stakeholders and making all its decisions fully documented and available for public information.

3784 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018

CHAPTER IV FINANCE, ACCOUNTS AND AUDIT, AND ANNUAL REPORT Finances of the Regulatory Authority.

Where this provision sits

ActThe Assam Inland Water Transport Regulatory Authority Act, 2018
Section15
JurisdictionState of Assam
StatusIn force as published by the source

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