Northern Indian Ferries Act, 1878
No: 17 Dated: Nov, 09 1878
THE NORTHERN INDIA FERRIES ACT, 1878
ACT NO. 17 OF 1878
An Act to regulate Ferries in Northern India.
Preamble.—WHEREAS it is expedient to regulate ferries in 2 [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.
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.
2. [Repeal].—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
3. Interpretation-clause.—In this Act the word “ferry” includes also a bridge of boats, pontoons or rafts, a swing-bridge, a flying-bridge and a temporary bridge, and the approaches to, and landing-places of, a ferry 4 [and “Punjab” and “Ajmer” mean the territories which, immediately before the 1st November, 1956, were comprised in the States of Punjab and Ajmer respectively].
II.—PUBLIC FERRIES
4. 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.
Every such declaration, establishment, definition, change or discontinuance shall be made by notification in the Official Gazette:
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
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.
5. 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.
6. Superintendence of public ferries.—The immediate superintendence of every public ferry shall, 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.