Bombay Ferries and Inland Vessels Act, 1868

Bombay Act No. 2 of 1868

guj058

[Dated 17th December 1868]

LEGISLATIVE HISTORY 6

· Repealed in part, by Act 12 of 1873

· Repealed in Bombay 3 of 1886

· Repealed in Bombay 2 of 1901

· Repealed in Bombay 38 of 1920

· Repealed in part (except in the City of Bombay), by Bombay 1 of 1884

· Amended by Bombay 2 of 1878

· Amended by Bombay 8 of 1923

· Amended by Bombay 4 of 1933

· Adapted and modified by the Adaptation of Indian Laws Order in Council

· Amended by Bombay 21 of 1942

· Amended by Bombay 17 of 19454

· Adapted and modified by the Adaptation of Laws Order, 1950

· Adapted and modified by the Adaptation of Laws (State and Concurrent Subjects) Order, 1956

· Amended by Bombay 8 of 1958

· Amended by Bombay 60 of 1959

· Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960

· Amended by Gujarat 15 of 1964, dated 02-05-1964

This Act was extended to, and shall be in force in, the rest of the State of Bombay (vide Bombay 60 of 1959, section 2).

For Statement of Objects and Reasons, see Bombay Government Gazette, 1868, Part V, p. 425 for Report of the Select Committee, See Bombay Government Gazette, p. 448, and for Proceedings in Council, see Bombay Government Gazette, pp. 457, 476 and 582.

The net proceeds of public ferries established under Bombay 2 of 1868, and all penalties inflicted and levied under the Act are to be credited to the Local Fund constituted by the Bombay Local Boards Act, 1923 (Bombay 6 of 1923), see 75 of that Act.

Sections 2 to 8 of this Act were re-enacted by Bombay 55 of 1947, section 2.

This Act has been re-enacted and the amendments made under section 9 and Schedule `E' of the said Act have been continued in force by Bombay 52 of 1947, section 2.

An Act to amend the law relating to public ferries [and inland vessels] in the [State of Bombay].

Preamble: - Whereas it is expedient to amend the law relating to public ferries [and inland vessels] in the [State of Bombay]; it is enacted as follows:-

[1. Definitions. - In this Act, unless the context requires otherwise,--

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(b) "ferry" includes a temporary bridge used as a ferry and the approaches to, and the landing places of, a ferry.]

[State Government]may constitute public ferries, establish new and discontinue existing ferries. - It shall be lawful for the [State Government] to declare by notification what ferries within the [State of Gujarat] 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.

[2A. Vesting of Public ferries in local bodies; Powers of local bodies in respect thereto. - It shall be lawful for the [State Government] to declare by notification in the[Official Gazette], that any public ferry 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 the power of exemption under clause (d) of section 3 shall also be exercisable by the [State Government].

Explanation. - For the purpose of this section "local body" means a district local board or a municipality.

Rates of Toll and exemption from toll.- Tolls according to such rates as shall from time to time be approved by [the [State]Government] shall be levied upon all passengers, carts, carriages, cattle and other animals, and on all goods and merchandise, carried over any public ferry;

Provided always that no tolls shall be levied from -

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(b) any Police officer in uniform on duty;

[(d) any person whom [the [State] Government] shall, by notification in the [Official Gazette,] deem fit specially to exempt from payment of such tolls].

Appointment and salaries, of toll-keepers etc.- It shall be lawful for the [State Government]to provide for the appointment of toll-keepers, ferrymen and other servants for the management and conduct of any public ferry men 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 [***] revenues [***].
[State Government]may lease public ferries by public auction or private contract. - It shall be lawful for the [State Government] 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 [State Government] 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 sale 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.

[5A. Power to cancel lease. - (1) 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 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 sanction of the [State Government], award.

5B. Surrender of lease. - 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 [State Government] 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 situate of such compensation as the said Executive Engineer or Collector, subject to the approval of the [State Government], may in each case direct.

5C. Power to take possession of boats, etc. on surrender of lease. - When the lease of the tolls of any ferry is surrendered under section 5B, the Executive Engineer of the division, as the case may be, the Collector of the district, within whose jurisdiction such ferry is situated, may take possession of all boats as 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 the said Executive Engineer or Collector can conveniently procure proper substitutes therefor.]

Acts of servant of contract or.- When a public ferry has been duly leased or farmed out,-

every servant of the lessee, contractor or farmer shall be deemed to be legally bound to do everything necessary for or conducive to the safety of the public which he shall be required to do by any regulation made by the lessee, contractor or farmer, and approved by the [State Government] and of which regulation such servant shall have had notice, and every such servant shall be deemed to be legally prohibited from doing every act which shall be likely to cause danger, and which by any such regulation he shall be prohibited from doing, and every person employed by or on behalf of such lessee, contractor or farmer to do any act upon the ferries shall be deemed to be a servant of the lessee, contractor or farmer.

Table of tolls to be hung up.- It shall be the duty of every toll-keeper, toll-contractor or farmer to hang up in some conspicuous place at his ferry-station a table of tolls, written or printed in English and in the language of the district [and he shall be bound to produce, on demand, a list of tolls signed by the Executive Engineer of the division, or, as the case may be, the Collector of the district or such other officer as he appoints in this behalf.]
Penalty in respect to table of tolls.- Any toll-keeper or toll-contractor or farmer, who shall neglect to hang up and keep in good order and repair a table of tolls as aforesaid, or who shall wilfully remove, alter or deface the same, or allow it to become illegible,

[or who fails to produce on demand, the list of tolls mentioned in section 7, shall be liable on each conviction to a penalty not exceeding fifty rupees.]

Penalty for taking unlawful toll.- Any toll-keeper or other person appointed as in section 4, who shall neglect to take the due toll, or shall ask or take any toll other than is allowed by the table of tolls and any toll-contractor or farmer, or any person in the service of a toll-contractor or farmer, who shall ask or take any toll in excess of that allowed by the table of tolls, shall be liable to a penalty not exceeding [one hundred rupees].
Penalty for wilful delay.- Any toll-keeper or other person appointed as in section 4, or toll contractor or farmer or person in the service of a toll-contractor or farmer, who without good reason, shall delay any passenger, cart, carriage, animal or goods, shall be liable to a penalty not exceeding [one hundred rupees],
Penalty for refusal or evasion of toll and for obstruction or damage.- Any person -

who shall refuse to pay the lawful toll, or

who, with intent of avoiding payment thereof, shall pass through any ferry-station without paying the toll, or

who shall obstruct in the execution of his duty any toll-keeper or other person lawfully engaged in the management or conduct of a public ferry,

and also any person

who shall maliciously damage any toll-bar, boat or other thing belonging to a public ferry, or

who shall maliciously remove, alter, destroy or damage any table of tolls hung up as hereinbefore directed,

[or who, at a public ferry, after being warned by any such toll-keeper or other person lawfully engaged in the management or conduct of a public ferry not to do so, goes, or takes any animals, vehicles or other things on to any ferry boat or upon any bridge appertaining to the ferry, and thereby causes it to be in such a state or so loaded as to endanger human life or property, or who, at a public ferry, on being requested by such toll-keeper or other person lawfully engaged in the management or conduct of a public ferry to do so, refuses or neglects to leave, or remove any animals, vehicles or goods from, any such ferry boat or bridge,]

shall be liable to a penalty not exceeding fifty rupees, over and above the value of the damage done.

[11A. Penalty for rash navigation and stacking of timber. - Whoever navigates, anchors, moors or fastens any vessel or raft, or stacks any timber in a manner so rash or negligent as to damage a public ferry, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and the toll-keeper or other person lawfully engaged in the management or conduct of such ferry may seize and detain such vessel, raft or timber pending the inquiry and assessment hereinafter mentioned.

11B. Power to arrest without warrant. - A Police Officer may arrest without warrant any person committing an offence against section 11 or section 11 A.

11C. Magistrate may assess damage. - Any Magistrate trying any offence under this Act may inquire 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 11A, by the sale of the vessel, raft or timber causing the damage.]

Officers who may make rules for regulations of public ferries.- [Except in the case provided in sub-section (2) of section 14B, and elsewhere-

(a) in the case of public ferries on roads under the control of the Executive Engineer of a Division of the Public Works Department, such Executive Engineer, and

(b) in all other cases, the Collector of the district],

may subject to such general decisions as [the [State Government] from time to time may issue, make rules to determine the number of passengers, carts, carriages and animals, and the quantity of goods, that may be carried in any public ferry-boat at one trip, and for the safe, 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, ferrymen 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.

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[Penalty for carrying passengers, etc. without licence.]Rep. Bombay 12 of 1942.

14A. [Penalty for conveying passengers, etc. along river, etc. near toll bridge.]Deleted by Bombay 60 of 1959, section 4 (j).

[14B. Penalty for conveying passengers etc. in a ferry boat with a submerged load-line or without prescribed free-board. - (1) Any person who shall convey[whether for hire or not, on any river, stream, creek, tank, lake or other collection of water affording passage for a vessel any passenger, animal, goods or other thing in any vessel,] of which the prescribed load-line is submerged or of which the free-board is less than the prescribed free-board, shall be liable to a penalty not exceeding five hundred rupees.

(2) [The [State] Government] may take rules prescribing the manner in which the load-line or free-board shall be marked upon any [vessel] to which the provisions of subsection (1) apply. The rules so made shall be published in the [Official Gazette].

[14C. Licence required to ply and vessel on any river etc. - No person shall ply any vessel on any river, stream, creek, tank, lake, or other collection of water affording passage for a vessel, whether for hire or not, except under a licence granted by an officer empowered by the [State] Government in this behalf and except in accordance with the provisions of this Act, the rules, regulations and orders made thereunder and the conditions of such licence:

Provided that the [State] Government may, by notification in the Official Gazette, exempt from the operation of this section such vessels or class of vessels as may be specified in such notification.

14D. Inspection of vessels and suspension of the licence if vessels are not seaworthy etc. - Any Magistrate or Police Officer, not below the rank of a Sub-Inspector, or any officer specially empowered by the [State] Government in this behalf may board and inspect any vessel for the purpose of satisfying himself that the Provisions of this Act, the rules, regulations and orders made thereunder and the conditions of the licence issued in respect of such vessel are duly observed. If such officer is of the opinion that the vessel is not seaworthy or is insufficiently equipped or is in such a condition that its plying may cause danger to human life or safety, he may suspend the licence issued in respect of such vessel and such vessel shall not thereafter be plied until the order suspending the licence has been cancelled or a fresh licence has been issued in respect of such vessel.

14E. Power to prohibit plying of vessel to avert any accident and to requisition vessels etc. - (1) If any Magistrate, or any Police Officer, not below the rank of a Sub-Inspector, or any officer of the Public Works Department, not below the rank of an Assistant or Deputy Engineer or any officer specially empowered by the [State]Government in this behalf, is at any time of the opinion that in order to avert any accident or danger to human life or safety it is necessary to take action under this sub-section, such Magistrate or officer may by order prohibit the plying of any vessel, or of any class of vessels or of vessels generally on any river, stream, creek tank, lake or other collection of water affording passage for a vessel, within the limits of his jurisdiction, during such period as may be specified in the order.

(2) Any such Magistrate or officer may by order, within the limits of his jurisdiction, for the purpose of saving any human life or property, requisition the use of any vessel or other property likely to be useful in effecting rescue for such period as may be specified in the order. When any Magistrate or officer requisitions the use of any vessel or other property for any period, there shall be paid to the person deprived of it for the period such amount of compensation as may be determined by the Magistrate or officer. The decision of the Magistrate or the officer regarding the amount of compensation and the person to whom such compensation is payable shall be final.

14F. Penalty for breach of the provisions of the Act, rules, regulations and orders made thereunder and the conditions of the licence granted under section 14C. - Any person who contravenes any of the provisions of this Act or of the rules, regulations and orders made thereunder or of the conditions of any licence granted under section 14C, shall, on conviction if no other penalty is provided in the Act for such contravention be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

14G. Both the owner and the person in charge to be liable for any vessel. - If any of the provisions of this Act, or of the rules, regulations or orders made thereunder or of the conditions of the licence granted under section 14C are contravened in respect of any vessel, both the owner and the person in charge of such vessel shall be deemed to have contravened such provisions and shall be personally liable for the same].

[Trial of offences].- [***]

[***] offences against this Act shall be inquired into and determined by any Magistrate exercising jurisdiction in the district in which the offence has been committed, and all fines imposed may be levied in the manner provided in [sections 386, 387 and 389 of the Code of Criminal Procedure, 1898].

[Application of proceeds of tolls, farms and penalties.]Rep. Bombay 1 of 1884.
[State]Government may delegate powers. - [The [State] Government] may delegate under such restrictions as may deem fit, any of the powers conferred on it by this Act, ex-officio, to any [***] [***], Collector, Magistrate or other person.

[17A. Rules and Regulations. - (1) The [State] Government may after previous publication make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the following purposes, namely:--

(a) licensing and regulating vessels, plying, whether for hire or not, on any river, stream, creek, tank, lake or other collection of water affording passage for a vessel, and prescribing the officers by whom and the conditions on which licences for plying such vessels may be granted, suspended or revoked and the fees payable in respect of such licences;

(b) determining the number of passengers, carts, carriages or animals or the quantity of goods or other things that may be carried in such vessels;

(d) prescribing the fares which may be charged for the carriage of passengers, animals or goods or other things in such vessels;

(e) regulating the conduct of passengers on such vessels;

(f) prescribing the equipment and the number of the crew which must be on board any such vessel when it is plying; and

(g) generally for securing the safe, speedy and convenient carriage and landing of passengers and cargo in such vessels.

(3) The District Magistrate may, from time to time, make regulations, not inconsistent with the provisions of this Act and the rules made thereunder -

(a) regulating the plying of vessels on any river, stream, creek, tank, lake or other collection of water affording passage for a vessel, within the limits of his jurisdiction, and

(b) for securing the safe, speedy, and convenient carriage and landing of passengers in such vessels.

17B. Definition of "vessel". - In this Act, "vessel" shall include anything made for the conveyance of water of human beings, animals or property.

17C. Provisions of section 14A to 14G and 17A and 17B not applicable in certain cases. - Nothing in sections 14A to 14G and 17A and 17B shall apply in respect of any vessel plying on sea or on tidal waters or in any major port, or in respect of any inland stream-vessel as defined in sub-section (1) of section 2 of the Inland Steam-Vessels Act, 1917 (1 of 1917), or in respect of any vessel plying under a licence issued in exercise of the powers conferred by section 6 of the Indian Ports Act, 1908(XV of 1908).]

Short title.- This Act may be cited as the Bombay Ferries [and Inland Vessels]Act, 1868.

[19. Repeal and savings. - The Hyderabad Ferries Act (Hyderabad II of 1314 F) in its application to the Hyderabad area of the State of Bombay, the Northern India Ferries Act, 1878 (XVII of 1878), in its application to the Vidarbha region of the State of Bombay and the Bombay Ferries and Inland Vessels Act, 1868(Bombay II of 1868), as applied to the Kutch area of the State of Bombay are hereby repealed:

Provided that the repeal shall not affect-

(a) the previous operation of any Act so repealed or anything duly done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed, or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Ferries and Inland Vessels (Unification and Amendment) Act, 1959(Bombay LX of 1959), had not been passed:

Provided further that anything done or any action taken (including notifications and directions issued, rules, appointments, authorizations, entrustment and leases made, sanctions, approval or exemption given, powers delegated and orders passed, in so far as they are not inconsistent with the provisions of this Act, and the rates of tolls fixed) under the Acts so repealed shall continue in force until altered, amended or superseded by anything done or any action taken under this Act.]

[Schedule]

[(See Section 2A)]

Powers

Under section.

3 Powers exercisable by [the [State] Government] including the power to exempt from payment of toll under clause (d).

4 Powers exercisable by [the [State] Government].

5 Powers exercisable by [the [State] Government],

12 Powers exercisable by the Collector of the district.

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