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:
1. This Act applies to the Lakhimpur Frontier Tract, and to the Sadiya and Balipara Frontier Tracts in Assam, subject to certain
modifications, see Assam Government notification No. 442-GS & 443-GS, dated 26th January, 1940.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified).
It has been amended in—
C.P. by Acts 1 of 1883, 12 of 1891, 4 of 1907, C.P. Acts 1 of 1931 and 23 of 1937;
Punjab by Acts 20 of 1883 and 12 of 1891;
U.P. by U.P. Acts 1 of 1914, 29 of 1948 and 8 of 1960 (w.e.f. 22-5-1960).
Sambalpur District by Acts 1 of 1883, 12 of 1891, Ben. Act 1 of 1911 and Orissa Act 6 of 1939; 15 of 1948.
Coorg by Coorg Act 6 of 1940; and
Ajmer by Act 6 of 1945.
Orissa by Orissa Act 23 of 1950.
2. Subs. by the A.O. 1950, for “the United Provinces, East Punjab, the Central Provinces, Assam, Delhi and Ajmer Merwara”.
3. Subs. by the A.O.1948.
4. Added by the Adaptation of Laws (No. 2) Order, 1956.
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[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 2***:]
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 3
[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.
7. 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;
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[and thereupon that ferry shall be managed accordingly.]
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[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.]
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[8. Letting ferry tolls by auction.—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 bid, or may withdraw the tolls from auction.]
1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for the proviso.
2. 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.
3. Ins. in the application of the Act to—
The U.P. by the U.P. Local Boards Act, 1883 (U.P Act 14 of 1883), s. 65.
The Punjab by the Punjab District Boards Act, 1883 (Pun. Act 20 of 1883), s. 79.
The C P. by the C.P. Local Self-Government Act, 1883 (1 of 1883), s. 44; and
Assam by the Assam Local Self-Government (Amendment) Act, 1926 (Assam Act 8 of 1926), s. 43.
4. Subs. by the A.O.1937, for the following words:—
“and may further direct that all or any part of the proceeds from such ferry be paid into the municipal fund of such town;
and thereupon such ferry shall be managed, and such proceeds or parts thereof shall be paid, accordingly.”
5. Subs. by the A.O. 1937, for s. 7A.
6. Subs. by Act 3 of 1886, s. 1 for s. 8.
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9. Recovery of arrears from lessee.—All arrears due by the lessee of the tolls of a public ferry on
account of his lease may be recovered from the lessee or his surety (if any) by the Magistrate of the
district in which such ferry is situate as if they were arrears of land-revenue.
10. 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.
11. Surrender of lease.—The lessee of the tolls of a public ferry may surrender his lease on the
expiration of 1one 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.
12. Power to make rules.—2
[(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,
by name or in virtue of his office, may, from time to time, 3
[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;
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[(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.
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[(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. Read: ‘Three months’ in U.P.—vide U.P. Act 29 of 1948, s. 2.
2. Section 12 renumbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
3. Subs. by s. 2 and the Schedule, ibid., for the words “make rules”.
4. Subs. by Act 3 of 1886, s. 1, for clause (b) (w.e.f. 29-1-1886).
5. Ins. by Act 4 of 2005, s. 2 and the Schedule.
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13. Private ferry not to ply within two miles of public ferry without sanction.—1
[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 2
[which do not ply for hire or] which the State Government
expressly exempts from the operation of this section3
.
14. Person using approaches, etc., liable to pay toll.—Whoever uses the approach to, or landingplace of, a public ferry is liable to pay the toll payable for crossing such ferry.
15. Tolls.—4Tolls, 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.
Where the tolls of a ferry have been let under section 8, any such declaration, if made after the date of
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[lease], shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be
fixed by the Commissioner of the division or such other officer as the State Government may, from time
to time, appoint in this behalf by name or in virtue of his office.
16. 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.
List of tolls.—and shall be bound to produce, on demand, a list of the tolls, signed by the Magistrate
of the district or such other officer as he appoints in this behalf.
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[17. Tolls, rents, compensation and fines are to form part of revenues of State.—All tolls, rents,
compensation and fines under this Act (other than tools received by any lessee) shall form part of the
revenues of the State.]
18. 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.