The Northern Indian Ferries Act, 1878

THE NORTHERN INDIA FERRIES ACT, 1878

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Section 3 — Interpretation-clause. II

Section 18 — Compounding for tolls. III

Section 20 — Tolls. IV

THE NORTHERN INDIA FERRIES ACT, 1878 _________ ARRANGEMENT OF SECTIONS ________ PREAMBLE I.—PRELIMINARY SECTIONS 1. Power to declare establish, define and discontinue public ferries. Management may be vested in municipality. Management may be vested in District Council or District or Local Board. Private ferry not to ply within two miles of public ferry without sanction. Person using approaches, etc., liable to pay toll.

SECTIONS

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Section 31 — Magistrate may assess damage done by offender. V

Penalty for maintaining private ferry within prohibited limits. Penalty for rash navigation and stacking of timber. Magistrate may assess damage done by offender. Power to take possession of boats, etc., on surrender or cancellation of lease. Similar power in cases of emergency. Jurisdiction of Civil Courts barred.

THE NORTHERN INDIA FERRIES ACT, 1878

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Section 1 — Short title

Section 2 — [Repeal].—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule. 3. Interpretation-clause

Section 4 — Power to declare, establish, define and discontinue public ferries

THE NORTHERN INDIA FERRIES ACT, 1878 1 ACT NO. 17 OF 1878 [9th November, 1878.] An Act to regulate Ferries in Northern India. 2 Preamble.—WHEREAS it is expedient to regulate ferries in [Uttar Pradesh, Punjab, the Central Provinces, Assam, Delhi and Ajmer]; It is hereby enacted as follows:— I.—PRELIMINARY 1. Short title.—This Act may be called the Northern India Ferries Act, 1878. 3 Local extent.— [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. 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.

[Provided that when a river lies between two States, the powers conferred by this section shall, in

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Section 5 — Claims for compensation

Section 6 — Superintendence of public ferries

Section 7 — Management may be vested in municipality

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

Section 8 — Letting ferry tolls by auction

1 [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 2 their respective Official Gazettes ***:] 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. 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. Superintendence of public ferries.—The immediate superintendence of every public ferry shall, 3 except as provided in section 7 [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 threat. Management may be vested in municipality.—The State Government may direct that any public ferry situate within the limits of a town be managed by the officer or public body charged with the superintendence of the municipal arrangements of such town; 4 [and thereupon that ferry shall be managed accordingly.] 5 [7A. Management may be vested in District Council or District or Local Board.—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.] 6 [8. 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 bid, or may withdraw the tolls from auction.] 1.

12. Power to make rules.— [(1)] Subject to the control of the State Government, the Commissioner

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Section 9 — Recovery of arrears from lessee

Section 10 — Power to cancel lease

Section 11 — Surrender of lease

Section 12 — Power to make rules

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. Surrender of lease.—The lessee of the tolls of a public ferry may surrender his lease on the 1 expiration of one 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. Power to make rules.— [(1)] 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, 3 by name or in virtue of his office, may, from time to time, [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; 4 [(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 time and manner at and in which such bridge shall be constructed and maintained and opened for the passage of vessels and rafts through the 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 conditions; (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. 5 [(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.] 1.

13. Private ferry not to ply within two miles of public ferry without sanction.— [Except with the

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Section 13 — Private ferry not to ply within two miles of public ferry without sanction

Section 14 — Person using approaches, etc., liable to pay toll

Section 15 — Tolls

Section 16 — Table of tolls

Section 17 — Tolls, rents, compensation and fines are to form part of revenues of State

Section 19 — Power to make rules

Private ferry not to ply within two miles of public ferry without sanction.— [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 2 less than three miles, or apply to boats [which do not ply for hire or] which the State Government 3 expressly exempts from the operation of this section . 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. Tolls.— 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. 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. 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. Power to make rules.—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.

IV.—PENALTIES AND CRIMINAL PROCEDURE

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Section 21 — Penalty for breach of provisions as to table of tolls, list of tolls and returns of traffic

Section 22 — Penalty for taking unauthorised toll, and for causing delay

Section 23 — Penalty for breach of rules made under sections 12 and 19

Section 24 — Concelment of lease on default or breach of rules

Section 25 — Penalties on passengers offending

Section 26 — Penalty for maintaining private ferry within prohibited limits

Section 27 — Fines payable to lessee

IV.—PENALTIES AND CRIMINAL PROCEDURE 21. Penalty for breach of provisions as to table of tolls, list of tolls and returns of traffic.—Every lessee or other person authorised to collect the tolls of a public ferry, who neglects to affix and keep in good order and repair the table of tolls mentioned in section 16, or who willfully removes, alters or defaces such table or allows. it to become illegible, or who fails to produce on demand the list of the tolls mentioned in section 16, and every lessee who neglects to furnish any return required under section 12, shall be punished with fine which may extend to fifty rupees. Penalty for taking unauthorised toll, and for causing delay.—Every such lessee or other person as aforesaid and any person in possession of a private ferry asking or taking more than the lawful toll, or without due cause delaying any person, animal, vehicle or other thing, shall be punished with fine which may extend to one hundred rupees. Penalty for breach of rules made under sections 12 and 19.—Every person breaking any rule made under section 12 or section 19 shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both. Concelment of lease on default or breach of rules.—When any lessee of the tolls of a public ferry makes default in the payment of the rent payable in respect of such tolls or has been convicted of an offence under section 23, or, having been convicted of an offence under section 21 or section 22 is again convicted of an offence under either of those sections, the Magistrate of the district may, with the sanction of the Commissioner of the division, cancel the lease of the tolls of such ferry, and make other arrangements for its management during the whole or any part of the term for which the tolls were let. Penalties on passengers offending.—Every person crossing by any public ferry, or using the approach to, or landing place thereof, who refuses to pay the proper toll, and every person— who, with intent to avoid payment of such toll, fraudulently or forcibly crosses by any such ferry without paying the toll, or who obstructs any toll-collector or lessee of the tolls of a public ferry, or any of his assistants, in any way in the execution of their duty under this Act, or who, after being warned by any such toll-collector, lessee or assistant not to do so, goes or takes any animals, vehicles or other things into any ferry-boat, or upon any bridge, at such a ferry, which is in such a state or so loaded as to endanger human life or property, or who refuses or neglects to leave, or remove any animals, vehicles or goods from, any such ferry-boat or bridge, on being requested by such toll-collector, lessee or assistant to do so, shall be punished with fine which may extend to fifty rupees.

notwithstanding anything contained in section 17, be at the discretion of the convicting Magistrate or

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Section 28 — Penalty for rash navigation and stacking of timber

Section 29 — Power to arrest without warrant

Section 30 — Power to try summarily

Section 32 — Power to take possession of boats, etc., on surrender or cancellation of lease

Section 33 — Similar power in cases of emergency

Section 34 — Jurisdiction of Civil Courts barred

Section 35 — Delegation of powers

Section 36 — [Validation of proceedings since repeal of Regulation VI of 1819 in Punjab]

notwithstanding anything contained in section 17, be at the discretion of the convicting Magistrate or Bench of Magistrates, paid to the lessee. Power to try summarily.—Any Magistrate or Bench of Magistrates having summary jurisdiction 1 under Chapter XVIII of the Code of Criminal Procedure may try any offence against this Act in manner provided by that Chapter. Magistrate may assess damage done by offender.—Every Magistrate or Bench of Magistrates trying any offence under this Act may enquire into and assess the value of the damage (if any) done or caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him in addition to any fine imposed upon him under this Act; and the amount so ordered to be paid shall be leviable as if it were a fine, or when the offence is one under section 28, by the sale of the vessel, raft or timber causing the damage and of any thing found in or upon such vessel or raft. Power to take possession of boats, etc., on surrender or cancellation of lease.—When the lease of the tolls of any ferry is surrendered under section 11 or cancelled under section 24, the Magistrate of the district 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 State Government may in each case direct) until such Magistrate can conveniently procure proper substitutes therefor. Similar power in cases of emergency.—When any boats or their equipment, or any materials or appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers 2 or troops of [the Government of India] on duty, or of any other persons on the business of Government, or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of Government, the Magistrate of the district may take possession of and use the same (paying such 3 compensation for the use thereof as [the Central Government (where the transport is in connection with the affairs of the Central Government) and the State Government in other cases] may in each case direct) until such transport is completed. Delegation of powers.—The State Government may, from time to time, delegate, under such restrictions as it thinks fit any of the powers conferred on it by this Act to any Commissioner of a division or Magistrate of a district, or to such other officer as it thinks fit, by name or by virtue of his office.