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NORTHERN INDIA FERRIES ACT

Ministry of Law and Justice

Act nº 17 of 1878


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Act nº 17 of 1878

Preamble

THE NORTHERN INDIA FERRIES ACT, 1878

[Act, No.17 of 1878]

[AS ON 1959]

[9th November, 1878]

PREAMBLE

An Act to regulate Ferries in Northern India.

WHEREAS it is expedient to regulate ferries in {Subs. by the A.O.1950 for " the United Provinces, East Punjab, the Central Provinces, Assam, Delhi and Ajmer-Merwara ".} [Uttar Pradesh, Punjab, the Central Provinces, Assam, Delhi and Ajmer]; It is hereby enacted as follows:

Part I

Section 1. Short title

This Act may be called the Northern India Ferries Act, 1878.

Local extent.-- {Subs.by the A.O.1948} [It extends only to Uttar Pradesh, Punjab, the Central Provinces,Assam, Delhi and Ajmer.]

Commencement.-- It shall come into force in each of the said territories on such date as the State Government may, by notification in the Official Gazette, fix in this behalf.

Section 2. Repeal

Rep. by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.

Section 3. Interpretation-clause

In this Act the word " ferry " includes also a bridge of boats, pontoons or rafts, a swing-bridge, a flying-bridge and a temporary bridge, and the approaches to, and landing-places of, a ferry { Added by the Adaptation of Laws (No.2) Order, 1956.} [and "Punjab" and "Ajmer" mean the territories which, immediately before the 1st November, 1956, were comprised in the States of Punjab and Ajmer respectively].

Part II

Section 4. Power to declare establish define and discontinue public ferries

The State Government may from time to time

(a) declare what ferries shall be deemed public ferries, and the respective districts in which, for the purposes of this Act, they shall be deemed to be situate;

(b) take possession of a private ferry and declare it to be a public ferry;

(c) establish new public ferries where, in its opinion, they are needed;

(d) define the limits of any public ferry;

(e) change the course of any public ferry; and

(f) discontinue any public ferry which it deems unnecessary.

Every such declaration establishment definition, change or discontinuance shall be made by notification in the Official Gazette:

{Subs.by Act 38 of 1920, Section2 and ScheduleI, Pt.I, for the original proviso.}[Provided that when a river lies between two States' the powers conferred by this Section shall, in respect of such river, be exercised jointly by the State Governments of those States by notifications in their respective Official Gazettes { The words " and in any case where the said Local Governments fail to agree as regards the exercise of any such power they shall exercise such power subject to the control of the G.G.in C." omitted by the A.O.1937}]

Provided also that, when any alteration in the course or in the limits of a public ferry is rendered necessary by changes in the river, such alteration may be made, by an order under his hand, by the Commissioner of the Division in which such ferry is situate, or by such other officer as the State Government may, from time to time, appoint by name or in virtue of his office in this behalf.

Section 5. Claims for compensation

Claims for compensation for any loss sustained by any person in consequence of a private ferry being taken possession of under Section 4, shall be inquired into by the Magistrate of the district in which such ferry is situate, or such officer as he appoints in this behalf, and submitted for the consideration and orders of the State Government.

Section 6. Superintendence of public ferries

The immediate superintendence of every public ferry shall, except as- provided in Section 7 {Ins.in the application of the Act to-The U.P.by the U.P.Local Boards Act, 1883 (14 of 1883),s.65.The Punjab, by the Punjab District Boards Act, 1883 (20 of 1883).The C P.by the C.P.Local Self-Government Act, 1883 (1 of 1383),Assam, by the Assam Local Self-Government (Amendment) Act, 1926 (Assam 8 of 1926), Section43.} [and Section 7A], be vested in the Magistrate of the district in which such ferry is situate, or in such other officer as the State Government may, from time to time, appoint by name or in virtue of his office in this behalf;

and such Magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary arrangements for the supply of boats for such ferry, and for the collection of the authorised tolls livable thereat.

Section 7. Management may be vested in municipality

TheState Government may direct that any public ferry situate within the limits of atown be managed by the officer or public body charged with the superintendenceof the municipal arrangements of such town;

{Subs.by the A.O.1937for the following words:-" and may further direct that all or any part ofthe proceeds from such ferry be paid into the municipal fund of such town;"and thereupon such ferry shall be managed, and such proceeds or part thereofshall be paid, accordingly."}[and thereupon that ferry shall bemanaged accordingly.]

Section 7A. Management may be vested in District Council or District or Local Board

{Subs.by the A.O.1937 for Section7A.}

The State Government may direct that any public ferry wholly or partly within the area subject to the authority of a District Council or a District Board or a Local Board in the State be managed by that Council or Board, and thereupon that ferry shall be managed accordingly.]

Section 8. Letting ferry tolls by auction

{Subs.by Act 3 of 1886, Section1 for the original Section .}

The tolls of any public ferry may, from time to time be let by public auction for a term not exceeding five years with the approval of the Commissioner, or by public auction, or otherwise than by public auction, for any term with the previous sanction of the State Government.

The lessee shall conform to the rules made under this Act for the management and control of the ferry, and may be called upon by the officer in whom the immediate superintendence of the ferry is vested, or, if the ferry is managed by a municipal or other public body under Section 7 or Section 7A, then by that body, to give such security for his good conduct and for the punctual payment of the rent as the officer or body, as the case may be, thinks fit.

When the tolls are put up to public auction, the said officer or body, as the case may be, or the officer conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of the highest bidder, and may accept any other hid, or may withdraw the tolls from auction.]

Section 9. Recovery of arrears from lessee

All arrears due by the lessee of the tolls of a public ferry on account of his lease may be recovered from the lessee or his surety(if any) by the Magistrate of the district in which such ferry is situate as if they were arrears of land-revenue.

Section 10. Power to cancel lease

The State Government may cancel the lease of the tolls of any public ferry on the expiration of six months' notice in writing to the lessee of its intention to cancel such lease.

When any lease is cancelled under this Section, the Magistrate of the district in which such ferry is situate shall pay to the lessee such compensation as such Magistrate may, with the previous sanction of the State Government, award.

Section 11. Surrender of lease

The lessee of the tolls of a public ferry may surrender his lease on the expiration of one {.Read: "three months'" in U.P.vide 11.P.Act 29 of 1948, Section2,} month's notice in writing to the State Government of his intention to surrender such lease, and on payment to the Magistrate of the district in which such ferry is situate of such compensation as such Magistrate.subject to the approval of the Commissioner, may in each case direct.