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.
Section 12 - Power to make rules
1[12 - Power to make rules
Subject to the control of the State Government, the Commissioner of a division or such other officer as the State Government may, from time to time, appoint in this behalf, by name or in virtue of his office, may, from time to time, 3[by notification in the Official Gazette, make rules] consistent with this Act--
(a) for the control and the management of all public ferries within such division and for regulating the traffic at such ferries;
{Subs by Act 3 of 1886, Section1, for the original cl. }[(b) for regulating the time and manner at and in which, and the terms on which, the tolls of such ferries may be let by auction, and prescribing the persons by whom auctions may be conducted ;]
(c) for compensating persons who have compounded for tolls payable for the use of any such ferry when such ferry has been discontinued before the expiration of the period compounded for, and
(d) generally to carry out the purposes of this Act; and, when the tolls of a ferry have been let under Section 8, such Commissioner or other officer may from time to time (subject as aforesaid), make additional rules consistent with this Act-
(e) for collecting the rents payable for the tolls of such ferries;
(f) in cases in which the communication is to be established by means of a bridge of boats, pontoons or rafts, or a swing- bridge, flying- bridge or temporary bridge. for regulating the me and manner at and in which such bridge shall be constructed and maintained and opened for the passage of vessels and rafts through tile same; and
(g) in cases in which the traffic is conveyed in boats,. for regulating (1) the number and kind of such boats and their dimensions and equipment; (2) the number of the crew to be kept by the lessee for each boat; (3) the maintenance of such boats continually in good condition(4) the hours during which, and the intervals with in which, the lessee shall be bound to ply; and (5) the number of passengers, animals and vehicles, and the bulk and weight of other things, that may be carried in each kind of boat at one trip.
The lessee shall make such returns of traffic as the Commissioner or other officer as aforesaid may, from time to time, require.
2[(2). Every rule made under this Act by the Commissioner of a division or the officer appointed by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.".]
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1. Substituted by The Delegated Legislation Provisions (Amendment) Act, 2004.
2. Inserted by The Delegated Legislation Provisions (Amendment) Act, 2004
3. Substituted by The Delegated Legislation Provisions (Amendment) Act, 2004 for the words "make rules"
Section 13 - Private ferry not to ply within two miles of public ferry without sanction
{Subs.by Act 3 of 1886, Section2, for the original para.} [Except with the sanction of the Magistrate of the district or of such other officer as the State Government may, from time to time, appoint in this behalf, by name or in virtue of his office, no person shall establish, maintain or work a ferry to or from any point within a distance of two miles from the limits of a public ferry]:
Provided that, in the case of any specified public ferry, the State Government may, by notification in the Official Gazette, reduce or increase the said distance of two miles to such extent as it thinks fit:
Provided also that nothing hereinbefore contained shall prevent persons plying between two places, one of which is without, and one within, the said limits, when the distance between such two places is not less than three miles, or apply to boats {Ins.by Section2 ibid.} [Which do not ply for hire or] which the State Government expressly exempts from the operation of this Section {An explanation has been added to Section13 in the C.P.by the Northern India Ferries (C.P.Amendment) Act, 1937 (C.P.23 of 1937).}
Section 14 - Person using approaches, etc., liable to pay toll
Whoever uses the approach to, or landing-place of, a public ferry is liable to pay the toll payable for crossing such ferry.
Section 15 - Tolls
{So much of Section15 is repealed as provides for the exemption from payment of tolls of any persons, animals, vehicles or other things exempted by Section3 of the Indian Tolls (Army and Air Force) Act 1901 (2 of 1901); see Section8 of that Act.} Tolls, according to such rates as are, from time to time, fixed by the State Government, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service:
Provided that the State Government may, from time to time, declare that any persons, animals, vehicles or other things shall be exempt from payment of such tolls.
Where the tolls of a ferry have been let under Section 8, any such declaration, if made after the date of the {Subs.by Act 3 of 1886, Section1, for " auction ".}[lease], shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be fixed by the Commissioner of the division or such other officer as the State Government may, from time to time, appoint in this behalf by name or in virtue of his office.
Section 16 - Table of tolls
The lessee or other person authorised to collect the tolls of any public ferry shall affix a table of such tolls legibly written or printed in the vernacular language and also, if the Commissioner of the division so directs, in English, in some conspicuous place near the ferry,
List of tolls.-- and shall be bound to produce, on demand, a list of the tolls, signed by the Magistrate of the district or such other officer as he appoints in this behalf.
{Subs.by the A.O.1937 for the former Section .}
Section 17 - Tolls, rents, compensation and fines are to form part of revenues of State
All tolls, rents, compensation and fines under this Act (other than tools received by any lessee) shall form part of the revenues of the State.]
Section 18 - Compounding for tolls
The State Government may, if it thinks fit, from time to time, fix rates at which any person may compound for the tolls payable for the use of a public ferry.