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Maharashtra Bare Acts 1868

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Preamble 1

Title : the Bombay Ferries and Inland Vessels Act, 1868

State : Maharashtra

Year : 1868

.....Reasons, see Bombay Government Gazette, 1868, Pt. V, p. 425 for Report of the Select Committee, See ibid, p. 448, and for Proceedings in Council, see ibid., pp. 457, 476 and 582. The net proceeds of public ferries established under Bom. 2 of 1968, and all penalties inflicted and levied under the Act are to be credited to the Local fund constitued by the Bombay Local Boards Act, 1923 (Bom. 6 of 1923), see 75 of that Act. * This Act was extended to, and shall be in force in, the rest of the State of Maharashtra (vide Bom. 60 of 1959, s. 2.). Sections 2 to 8 of this Act were re-enacted by Bom. 55 of 1947, s. 2. # This Act has been re-enacted and the amendments made by section 9 and Schedule 'E' of the said Act have been continued in force by Bom. 52 of 1947, s. 2. 2 These words were substituted for the words "Presidency of Bombay" by Bom. 60 of 1959, s. 4 (a). 3 Section 1 was inserted ibid., s. 4 (b).

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 2

Title : Commissioner May Constitute Public Ferries, Establish New and Discontinue Existing Ferries

State : Maharashtra

Year : 1868

It shall be lawful for the 1[Commissioner] to declare by notification what ferries within the 2[State of Maharashtra] shall be deemed public ferries, and also by notification from time to time, to establish any new public ferry or discontinue any existing public ferry. ___________________ 1 This word was substituted for the words "State Government" by Bom. 8 of 1958, s. 3 Sch. 2 These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960.

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 1

Title : Definitions

State : Maharashtra

Year : 1868

1[In this Act, unless the context requires otherwise,-- (a) "Commissioner" in relation to ferries controlled by the Public Works Department, includes a Superintending Engineer; (b) "ferry" includes a temporary bridge used as a ferry and the approaches to, and the landing places of, a ferry]. _______________________ 1 Section 1 was inserted ibid., s. 4 (b).

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 2A

Title : Vesting of Public Ferries in Local Bodies; Powers of Local Bodies in Respect Thereto

State : Maharashtra

Year : 1868

1[It shall be lawful for the 2[Commissioner] to declare by notification in the 3[Official Gazette], that any local public terry notified under section 2 shall vest in the local body or jointly in the local bodies, exercising authority over the area or areas, as the case may be, in which such ferry is situate and thereafter such local body or bodies shall exercise in respect of such ferry all the powers specified in the Schedule to this Act : Provided that by the power of exemption under clause (d) of section 3 shall also be exercisable the 2[Commissioner]. Explanation.--For the purpose of this section 'local body" means a district local board or a municipality. ________________________ 1 Section 2 A was inserted by Bom. 8 of 1923. s. 2. 2 This word was substituted for the words" State Government" by Bom. 8 of 1958, s. 3, Sch. 3 the words" Official Gazette " wore substituted for the words" Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 3

Title : Rates of Toll

State : Maharashtra

Year : 1868

.....Government]] shall, by notification in the 5[Official Gazette,] deem fit specially to exempt payment of such Tolls. ______________________________ 1 The words" the Provincial Government" were substituted for the word" Government" by the Adaptation of Indian Laws Order in Council. 2 This words was substituted for the word" Provincial" by the Adaptation of Laws Order, 1950.6 Clause (a) as to soldiers in uniform on duty was repealed by s, 3 of the Indian Tolls (Army) Act, 1901 (2 of 1901), Central Acts. 3 Clause (a) as to soldiers in uniform on duty was repealed by s, 3 of the Indian Tolls (Army) Act, 1901 (2 of 1901), Central Acts. 4 Clause (d) was added by the Ferries (Amendment) Act, 1878 (Bom. 2 of 1878). 5 the words" Official Gazette " wore substituted for the words" Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 4

Title : Appointment and Salaries of Toll

State : Maharashtra

Year : 1868

It shall be lawful for the 1[Commissioner] to provide for the appointment of toll-keeper, ferrymen and other servants for the management and a conduct of any public ferry; and the salaries of such persons shall be defrayed from funds raised under this Act, or from other sources of local revenue, but not from the general 2 * * * * * revenues 2 * * * * * _____________________________ 1 This word was substituted for the words" State Government" by Bom. 8 of 1958, s. 3, Sch. 2 The words " or Imperial" and" except with the sanction of the Governor-General in Council "were comitted by s.2 and Schedule 1 of the Devolution Act, 1920 (38 of 1920).

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 5

Title : Commissioner May Lease Public Ferries by Public Auction or Private Contract

State : Maharashtra

Year : 1868

1[It shall be lawful for the 2[Commissioner] to lease any public ferry by public auction or private contract, from year to year, or for any longer period not exceeding seven years, on such conditions as the 2[Commissioner] deems advisable, in which case a contract setting forth the conditions on which the ferry is to be held shall be executed by the contractor or farmer, and security shall be given by him for its due fulfilment, and any pecuniary forfeiture for breach of contract, inserted in the deed of contract or conditions of said by public auction, as the case may be, may be enforced in the same manner as a demand for the land revenue under the law for the time being in force, so far as applicable. _________________ 1 Section 2 A was inserted by Bom. 8 of 1923. s. 2. 2 This word was substituted for the words" State Government" by Bom. 8 of 1958, s. 3, Schedule.

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 5A

Title : Power to Cancel Lease

State : Maharashtra

Year : 1868

1[ (1) The Commissioner may cancel the lease of the tolls of any public ferry on the expiration of six month's notice in writing to the lessee of his intention to cancel such lease. (2) When any lease is cancelled under this section, the Executive Engineer of the division, or, as the case may be, the Collector of the district, within whose jurisdiction such ferry is situate shall pay to the lessee such compensation as he may, with the previous santion of the Commissioner, award. _______________________________ 1 Sections 5A, 5B and 5C were Inserted by Bom. 60 of 1959; s. 4 (d).

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 5B

Title : Surrender of Lease

State : Maharashtra

Year : 1868

The lessee of the tolls of a public ferry may surrender his lease on the expiration of one month's notice in writing to the Commissioner of his intention to surrender such lease, and on payment to the Executive Engineer of the division, or, as the case may be, the Collector of the district within whose jurisdiction such ferry is situated of such compensation as the said Executive Engineer or Collector, subject to the approval of the Commissioner, may in each case direct.

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Bombay Ferries and Inland Vessels Act, 1868, (Maharashtra) Section 5C

Title : Power to Take Possession of Boats, Etc. on Surrender of Lease

State : Maharashtra

Year : 1868

When the lease of the tolls of any ferry is surrendered under section 5B, the Executive Engineer of the division, or, as the case may be, the Collector of the district, within whose jurisdiction such ferry is situate, may take possession of all boats and their equipment and, all other material and appliances, used by the lessee for the purposes of such ferry, and use the same (paying such compensation for the use thereof as the Commissioner may in each case direct) until the said Executive Engineer or Collector can conveniently procure proper substitutes therefor.

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