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Northern India Ferries Act, 1878 Part II

Title: Public Ferries

State: Central

Year: 1878

.....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.....

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Northern India Ferries Act, 1878 Section 4

Title: Power to Declare Establish Define and Discontinue Public Ferries

State: Central

Year: 1878

..... (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.

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Northern India Ferries Act, 1878 Complete Act

Title: Northern India Ferries Act, 1878

State: Central

Year: 1878

.....by auction Section9 - Recovery of arrears from lessee Section10 - Power to cancel lease Section11 - Surrender of lease Section12 - Power to make rules Section13 - Private ferry not to ply within two miles of public ferry without sanction Section14 - Person using approaches, etc., liable to pay toll Section15 - Tolls Section16 - Table of tolls Section17 - Tolls, rents, compensation and fines are to form part of revenues of State Section18 - Compounding for tolls Part III Section19 - Power to make rules Section20 - Tolls Part IV Section21 - Penalty for breach of provisions as to table of tolls, list of tolls and return of traffic Section22 - Penalty for taking unauthorised toll, and for causing delay Section23 - Penalty for breach of rules made under Section 12 and 19 Section24 - Concealment of lease on default or breach of rules Section25 - Penalties on passengers offending Section26 - Penalty for maintaining private ferry within prohibited limits Section27 - Fines payable to lessee Section28 - Penalty for rash navigation and stacking of timber Section29 - Power to arrest without warrant Section30 - Power to try summarily Section31 - Magistrate may assess.....

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Northern India Ferries Act, 1878 Section 13

Title: Private Ferry Not to Ply Within Two Miles of Public Ferry Without Sanction

State: Central

Year: 1878

{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).}

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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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Northern India Ferries Act, 1878 Section 6

Title: Superintendence of Public Ferries

State: Central

Year: 1878

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.

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Northern India Ferries Act, 1878 Section 8

Title: Letting Ferry Tolls by Auction

State: Central

Year: 1878

{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.]

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Northern India Ferries Act, 1878 Part III

Title: Private Ferries

State: Central

Year: 1878

The Commissioner of the division may, with the previous sanction of the State Government, from time to time, make rules for the maintenance of order and for the safety of passengers and property at ferries other than public ferries. Section 20 - Tolls The tolls charged at such ferries shall not exceed the highest rates for the time being fixed under Section 15 for similar public ferries.

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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 12

Title: Officers Who May Make Rules for Regulation of Public Ferries

State: Maharashtra

Year: 1868

.....that may be carried in any public ferry-boat at one trip, and for the sate, speedy and convenient carriage and landing of passengers and property, and for keeping the ferry-boats in good order and otherwise for the due discharge of their duty by toll-contractors or farmers, toll-keepers, ferrymen and other persons employed at a public ferry; and any toll-contractor or farmer, toll-keeper, ferryman or other person infringing or disobeying any such rule shall be liable to make good any loss or damage caused thereby, which loss or damage may be summarily ascertained by any Magistrate within whose jurisdiction the offence was committed and the amount thereof may be recovered as any penalty under this Act may be recovered. _______________ 1 These words were substituted for the words" The Senior Magistrate of Police in the city of Bombay and the Collector of the district elsewhere ", by Bom, 4 of 1933, s. 2. 2 The words" the. Provincial Government" were substituted for the word" Government" by the Adaptation of Indian Laws Order in Council. 3 The words was substituted for the word" Provincial" by the Adaptation of Laws Order, 1950.

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