Bombay Ferries and Inland Vessels (Conditions of Licence) Rules, 1948

The Bombay Ferries and Inland Vessels (Conditions of Licence) Rules, 1948

Published vide Notification G. N., P. W. D., No. 2420/36-4, dated 12th August, 1948 (B. G., Part 4-B, page 679)

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In exercise of the powers conferred by section 17-A of the Bombay Ferries and Inland Vessels Act, 1868 (Bombay II of 1868), the Government of Bombay is pleased to make the following rules, namely:-

1. These rules may be called the Bombay Ferries and Inland Vessels (Conditions of Licence) Rules, 1948.
2. In these rules unless there is anything repugnant in the subject or context,-

(a) "Act" means the Bombay Ferries and Inland Vessels Act, 1868;

(b) "licence" means a special licence granted under sub-section (1) of section 14-A [or a licence granted under sub-section (1) of section 14-C] of the Act;

(c) "licensing officer" means the officer empowered by the Provincial Government for the purposes of sub-section (1) of the said section 14-A [or section 14-C].

3. Any person desiring to obtain a licence shall make an application in writing to the licensing officer.
4. It shall be in the absolute discretion of the licensing officer either to grant or to refuse the licence :

Provided that, the licensing officer shall not grant the licence unless he is satisfied that the vessel is seaworthy, that it is adequately equipped and its plying will not cause danger to human life or safety.

5. (1) The licence shall be in Form annexed to these rules and may be granted or renewed on payment of a fee of one rupee.

(2) There shall be specified in the licence the name of the licensee and his agent with their respective addresses, the number and name of the vessel and its description, the numbers of boatmen, Tindals and Khalasis and the equipment.

6. Every licence shall be granted for one year only and may be renewed thereafter for a period of one year at each time.
7. If the licence is lost, the licensee shall be entitled to obtain a duplicate copy of it on payment of a fee of one rupee.
8. The licence shall also contain the following conditions :-

(i) The vessel shall be plied only within the limits specified in the licence.

(ii) The vessel shall not be in charge of any person other than the licensee or the tindal appointed by the licensee with the approval of the licensing officer.

(iii) The vessel shall always be kept in good and working condition. The inside of the vessel shall always be kept clean.

(iv) The vessel shall have the load-line clearly marked on it in accordance with the rules for the marking of the free-board (load-line) for ferry boats published in Government Notification, Public Works Department, No. 266/27, dated the 27th June, 1933.

(v) The vessel shall not carry any passengers, carts, carriages, animals or goods with the load-line under water.

(vi) The vessel shall not be plied unless it carries such equipment as may be prescribed by the Provincial Government in this behalf.

(vii) The licensee shall not charge fares in excess of those prescribed by the Provincial Government.

(viii) The licensee shall provide all reasonable facilities to passengers for embarking and disembarking themselves, their luggage, goods and animals.

(ix) The men plying the vessel shall be trained and fit for the work for which they are employed.

(x) No dangerous or offensive materials shall be carried on the vessel.

(xi) When the weather conditions are not favourable or the river, stream, creek, tank, lake or other collection of water referred to in sub-section (1) of section 14-A [or section 14-C] of the Act, as the case maybe, is in abnormal flood, the plying of the vessel shall be stopped until the weather conditions become favourable or the water reaches the normal flood height.

(xii) There shall be a board in or near the vessel giving instructions to the passengers that they shall not leave their seats in the vessel or jump from one side to the other without the permission of the person in charge of the vessel.

(xiii) The licensee and his employees shall at all times behave courteously to the passengers.

(xiv) Property left in the vessel shall be forthwith handed over to the nearest Police Officer or to the Police Patel of the village.

(xv) Tindals and khalasis of the vessels (mentioned in the licence) shall not carry on the business of hawkers.

(xvi) A table of authorised fares, signed by the licensing officer, and the following note at the end shall be exhibited in a prominent place in the vessel :-

Note. - The plying of the vessel without a licence or with load-line under water is punishable with fine not exceeding five hundred rupees.

(xvii) There shall be fixed on the vessel a board showing in the regional language, the number of persons, animals and the quantity of goods, which can be conveyed on the vessel and the number of khalasis on it.

(xviii) The licensee shall after sunset maintain a powerful light on the vessel.

(xix) No vessel, other than that specified in the licence, shall be plied without the previous permission of the licensing officer.

(xx) The licensee shall not transfer his licence except with the permission of the licensing officer.

(xxi) The licensing officer may at any time in his discretion suspend or cancel the licence -

(a) for breach of any of the conditions of the licence, or

(b) if he or any officer authorised by him in this behalf finds on inspection that the vessel is in an unsound condition or otherwise unfit for the conveyance of the public, notwithstanding that such unsound condition or unfitness may be due to accident, or

(c) for any misconduct on the part of the licensee or any of his employees, or

(d) for any other sufficient cause.

Form of Licence

Name of the licensee (with address)

Name of the agent of the licensee (with address)

Number and name of the vessel and its description.

Number of boatmen, tindals, khalasis, etc.

Equipment

Fee paid..................... One rupee......................................

The abovementioned licensee is hereby granted a special licence under sub-section (1) of section 14-A of the Bombay Ferries and Inland Vessels Act, 1868, to ply the vessel described above (hereinafter referred to as the vessel) between ........ and .......... across ................

[river/stream/creek/tank/lake/] Here describe any [subject to the provisions of the said Act and rules made thereunder] and the [conditions specified below] and subject also to the conditions set forth in the agreement executed by the [licensee under section 5 of the Act].

2. The licence shall remain in force for a period of one year commencing from the ....... day of....... to............
3. The licence may, on payment of a fee of one rupee, be renewed from time to time. The period for which a licence may be renewed at any time shall not exceed one year.
4. If this licence is lost, the licensee shall be entitled to obtain a duplicate copy of it on payment of a fee of Re. 1.
5. The vessel shall be plied only within the limits specified in the licence.
6. The vessel shall not be in charge of any person other than the licensee or the tindal appointed by the licensee with the approval of the licensing officer.
7. The vessel shall always be kept in good and working condition. The inside of the vessel shall always be clean.
8. The vessel shall have the load-line clearly marked on it in accordance with the rules for the marking of free-board (load-line) for vessels' published in Government Notification, Public Works Department, No. 266/ 27, dated the 27th June, 1933.
9. The vessel shall not carry any passengers, carts, carriages, animals or goods with the load-line under water.
10. The vessel shall not be plied unless it carries such equipment as may be prescribed by the Provincial Government in this behalf.
11. The licensee shall not charge fares in excess of those prescribed by the Provincial Government.
12. The licensee shall provide all reasonable facilities to passengers for embarking and disembarking themselves, their luggage, goods and animals.
13. The men plying the vessel shall be trained and fit for the work for which they are employed.
14. No dangerous or offensive materials shall be carried on the vessel.
15. When the weather conditions are not favourable or the [.....]is in abnormal flood, the plying of the vessel shall be stopped until the weather conditions become favourable or the water reaches the normal flood height.
16. There shall be a board in or near the vessel giving instructions to the passengers that they shall not leave their seats in the vessels or jump from one side to the other without the permission of the person in charge of the vessel.
17. The licensee and his employees shall at all times behave courteously to the passengers.
18. Property left in the vessel shall be forthwith handed over to the nearest Police Officer or to the Police Patel of the village.
19. Tindals and khalasis of the vessel (mentioned in the licence) shall not carry on the business of hawkers.
20. A table of authorised fares, signed by the licensing officer, and the following note at the end shall be exhibited in a prominent place in the vessel :-

Note. - The plying of the vessel without a licence or with load-line under water is punishable with fine not exceeding five hundred rupees.

21. There shall be fixed on the vessel a board showing in the regional language, the number of persons, animals and the quantity of goods, which can be conveyed on the vessel and the number of khalasis on it.
22. The licensee shall after sunset maintain a powerful light on the vessel.
23. No vessel, other than that described in the preamble, shall be plied without the previous permission of the licensing officer.
24. The licensee shall not transfer his licence except with the permission of the licensing officer.
25. The licensing officer may at any time in his discretion suspend or cancel the licence -

(a) for breach of any of the conditions of the licence, or

(b) if he or any officer authorised by him in this behalf finds on inspection that the vessels in an unsound condition or otherwise unfit for the conveyance of the public, notwithstanding that such unsound condition or unfitness may be due to accident, or

(c) for any misconduct on the part of the licensee or any of his employees, or

(d) for any other sufficient cause.

Granted this.........................day of...................................

Licensing Officer.