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Bengal Act I of 1885

[TEIE BENGAL FERRES ACT, 1885.1

CONTENTS.
Preliminary.
~reamblc.
Section.
1. Short tide.
2. Ex~entand cornrnencemenr of Act.
3. Regularion VI of 18 19 and Bengal Act I of 1866 repealcd.
4. Act not to apply to municipd ferries.
5. Interpretation.

PART I.
Public Ferries.

6. Powcr to decluc, establish, define and disconlinuc public ferries.

7. Control of public ferries vested in ihe Magistrate of hc disuicl.
8. Supcrinrendencc of public ferries.
9. Ferry tolls may be leased by auction.
Execuuon of contract by lessee.
10. Lessee of h e tolls of a public fcrrj and his servane bound to conform to rules.
1 1. Provision for the establish men^ of subsidiary fcny.
12. Recovery of arrcars from lcssee.
13. Power to cancel lease.
14. Surrender of lease.
15. Power to make rules in regard to public ferries.
16. Private ferry not LO ply wihin two miles of public feny without sanclion.
17. Claims for compensauon, and whal amount to be awarded.
18. Tolls.
19. Table of tolls.
L i s ~of tolls.
20. (0~11bted.)
21. Compounding for tolls.

PART lI.
Private Ferries.

22. Power lo makc rules in regard lo privarc remes.

 LatestLaws.com
LatestLaws.com

The Bellgal Ferries Acr, 1885.

[Ben. Act I of 1885.1

PART m.
Penalties and Criminal Procedure.

Scction.
23. Penalty for breach of provisions as to table of tolls. l i s l of tolls and rerum of ~ d f i c .
24. Penalty for taking unauthorized rolls. and for causing delay.
I
25. Penalty for breach ol rules made under seclions 15 and 22.
26. Cancelmenl of Iease on default or breach of rules.
27. Penaldes on passcngers offending.
28. Penalty for plying within public ferry-course withou license.
29. Rnes payable lo lesscc.
',
30. Penalty for rash navigalion and stacking of timber.
3 1. Power lo arrest withoul warrant.
32. Magisuate may assess damage done by offender.

PART rv.
Miscellaneous.

33. Power to take possession of boats and olhcr appliances on surrender or cancellation of
Icue.
34. Similar power in cases of cmergency.
35. {Fororens it1 wlrich Ben. Act Vof1919 is i ~force.)Management
r may be vesled in local
aulhorily.
h Act V of 1919 is not in force.) Management may be vcs~edin
(For areas- ill n ~ / ~ i cBen.
District Board.
36. Delegation ofpowers.
 LatestLaws.com

Bengal Act I of 1885l

[TRE BENGAL FERRIES ACT, 1885.2]
REPEALEDIN PART .. ActIIof1901

REPU~LED
INPART AND AMENDED. . Bcn. Act I of 1939.
-
(a) The Government of
India (Adaptation o f
Indian Laws) Order,
1937.
(b)Thc lndian Indepcn-
dence (Adaptation of
Bcngal and Punjab
Acts) Order, 1948.
(b) TheAdapladon ofLaws
- Ordcr, 1950.

[27h May. 1885.1

An Acr ro regulate Ferries i ~ Bettgal.

r

WHERMSi~ is expedien~lo regulale ferries within he ~erritories Wamble.

subject ta he Lieutenant-Governor or BengalJ; .

1. This Act may be called the Bengal Ferries Act, 1885. Shon dilc.

2. Itshallextend ro4[rbeSlares'of West Bcngal and Biharand to h a t E~;W~d

part of the State6 of Orissa which on the firs1 day of Augus~1885 was1 ~ ~ ~ ~ C
subject to Ihe Lieuenant-Governor of Bcngal':
[Alrd it silall conge irrto force olr sucl~dare7 as the Lierirerrmlt-
Governor nruy, by aotificariutr itt r h ~
Calcutta Gazette, appoint i ~ r
tlris beI~a&]

'This Act should be rcnd with s. 4 and Sch. 1 (IF the Wesr ~ e n ~ Ponchayar
al
Acr. 1957 Wcsr Ben. Act I of 1957).
' ~ G I s L A T I v E P ~ . - ~ orObjeclsandR~ons.~ectht
o T ~ ~ ~ ~ ~ ~ ~ ~ ~ I '-Calcutto Gozrm "
of lglL5. Pr. IV. pngc 39;md lor Pmccrdings in Council, see ibid, Supplcmcnt. pngcs 546,
553.657 and 678.
LOCAL-7.-This ACIeatcnds LO thc whole of h e Iormer Rovinw o f Bengd+ee
s. 2.
'This includcs rhc prcsenl Slate of Wesl Bcngal and ohcr territory.
'Subsli~utcd for brc words "dl the lerrirories" by pan. 3(1) and he Sch, to the lndian
Indepcndencc (AdapraGon of Bengd and Punjab AcIs) Order, 1948.
'The word "Sratcs" wm subsrimred for ~ h cword "R-ovinccs" by p m . 4(1) of rbc
Adaptdon of h w s Ordcr, 1950.
T h e word "Smte" was subsiiiurcd C o r k word "Ruvince", ibid.
c "CulcufroG ~ L I I C01241h
'This Aci cnrne into force on the Is1 A u p l I 8 8 S ~ e the "
l ~ l r IRRT
l~ R 1 nnprhlfl
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The Betigal Ferries Act, 1885.

IBen. Act 1

Rcgulalion 3. Regularion VI of 1819 and Bengal Act 1 of I866 are hereby

Vl or 1819
mdBcn. repealed; but all determiriahons, declarations, orders and rules made,
I of 1866 cngagcmcnts cntcrcd inro and securities laken under such Regulation and
m~CdCd.
Act shall be dccmed to b~rcspectivelymade, en~eredinlo and laken under
this Act.
ACI no1lo 4. Nothing in this Act contained shall apply to any ferry deemed or
JPPIY
10
mun~cipd
declared 10 be a municipal ferry undcr rhc provisions of thc Bcngal BBen.Act XV
~cnies. Municipal Act, 1[1932]. of 1932.
In(crprew- 5. In h i s Act. unless [here be something repugnanl in Ihe subjcct or
tion.
contcx1,-
"Cornrnis- "Commissioner" means h e Comrnissioncr of a Division:
sioner."
"Fcny." "ferry" includes a bridge of boau, pontoons or rafts, a swing-bridge,
a flying bridgc, a tcmponry bridge, and a landing nage:
"Nolifica- "nolification': mcans a nodfication published i n the =[OJJictal
lion." Gazerre]:
"private "privatc fcnics" includes all ferries orher ban those declarcd to bt
rzrries." public remes, or established as such, under scction 6 of his Act.

PART T.
Public Ferries.
Powcr lo 6. It shall be lawful for Ihc '[S~are Governmen11 from time to
declare.
cstctblish. ume to-
define and (a) declae whar fcnies shall be deemed public ferries, and fhc
discon~inuc
public respective disuicts in which, for [he purposes of this Act, hey
ftmc~, shall bc deemed to be siruale;
(b) rake posscssion of a private ferry and declare i1 to bc a public
ferry;
( c ) esrablish new public ferrics where, in 'l[i~<]
opinion, h e y are
needcd;
(d) define h e lirnils of any public ferry;
(e) change the course of any public Ferry; and
(f) disconli~~ue any public ferry which '[it] deems unnecessary.
'This figure was subs~ilutedfor rk l i g u ~ 188.1"
" by s. 2 md i h e 5 r s l Sch. ortheBengal
Rcpcaling md Amending Act. 1938 (Bcn. Act I~f 1939).
qhcsc words wcrc subsli(ured Tor the words "Ccllcutru Cu:ctterc" by pmgmph4( 1)ofrhc
Govcrnmcn~of India (Adop~alionof Indian h w s ) Order. 1937.
'The words "Provincial Govcmmcnt" we& T ~ subsliru~cd I for the words "Lieurenmr-
Governor"byp~apph4(1 )olrl~cGovernmco~of Irrd~a(Ad~p~;lrionoFlnJimL~ws)Ordcr.
1937. Thercalrcr, rlrc word "Siae" was subs~ilulcdfor thc w o d "Provincial" by p a n . 4(1)
oirhc Adapurion orlatvs Order. 1950.
'This word was substjru~edfor the word "his" by p m w p h 5(2) oirhc Gorcnuncnr o f
India (Adaptdon of Indim Laws) Ordcr. 1937.
m i s word w z subsrirurcd Tor rhc word "hd',ibid.
 LatestLaws.com
LatestLaws.com

The Betrgal Ferries Act, 1885.

Every such dcclaradon, cstablishmen~, definilion, change or

discon tinuancc shall bc madc by notifrcalion:
Provided [hat, when any alccrahn i n h e course or in the limi~sof a
public ferry is rendered necessary by changes in the river on which such
ferry is eslablished, such alleration may be made, by an order in wiling,
by the Magistrate of rhe'district.

7. The control of all public ferries shall be vested in Ihe Magishale Conml of
public
of the dismicr, subjec~ro h e direcBon of h e Commissioner. rcmcs

8. l3e imrncdiatc supcrin~cndcnceof evcry public ferry shall be Superin-

vertcd in ihc Magislra~cof (hcdislricl in which such ferry is simated, or in
such other officer as the '[State Government] may. From time to lime,
F:":!
remes.
O'

cithcr by namc or by official designation, appoint.

And suchMagislrarcoroCficcrshall, except when the rolls at such ferry
arc lcascd, make dI neccssuy arrangcmcnls for ihc supply of boats for
such remy, and Tor h e colleclion of the authorized tolIs Ieviable Iherea~.

9. The lolls of any public feny may, from lime to lime, be leascd by to~ls
public auction lor such term as the Magiskaleof thedistrict in which such y&yCfby
ferry is siruared may, w j h the approval of h c Comrnissioncr, dircct. auction.
Thc Magistrate of the dismjc~or the oHicer aulhorized by him lo
conduct such auction may,for sufficient reason to be recorded in wriung,
rehsc to ncccpt thc orfcr of thc highcsl bidder, and may accept any olher
bid, or may withdraw Lhc tolls from auc~ion.
The lessee of the tolls of every fcrry which have been leascd under rhis Exccuuon of
sect ion shall execute a conlract selling Corlh rhc.condilions on which h c
tolls of such ferry are to be held, and shall give sccurily for irs due
FGzc'by
fulfilment.

10. When rhc tolls of a public rcny have been duly leased, the lessee Ltssce or
and every servant of B e lessee shall bc dcemcd lo be lcgally bound to ~ { b ~ ! ~ J
conform lo the rules made under rhis Acr for he manggemen~and conlrol and his
SCCYMl5
of such ferry. bound to
conlorm to
- rules.

11. On the requisition of the Magistrate of h e district [he person in Provision lor
he
charge ofa public ferry siruate in such districlshall mainlain at one ormore esmblish-
places, in addirion to rhc placc at which the said public ferry is eslablished, men1 of
subsidiary
and wilhin two milcs thcrcrrom, such number of subsidiary ferries as may ftT,
'See fool-nore 3 on pwe 526.1111fe.
 LatestLaws.com

The Bengal Ferries Act, 1885.

seem to he Magismate lo be necessary for the public convenience: and ail

the provisions conmined i n this ACI in regard to the management and
control of public ferries shall be deemed applicable to any subsidiary ferry
maintained under the requisition or ~e Magismre.
~ c c o v c r yor 12. All arrears due by the Iessce of WIG rolls of a public ferry on
mvs fmm
ICSSM. account of his lease;
any pecuniary forfeiture for breach of contract insened in the deed of
contract or conditions of sale by public auction; and
all sums due from the lessce on thc surrender of his lease under
seclion 14,
may bc rccovered from the lessee or his surety (if any) as a demand
under1[thcBengalPublicDemandsRecoveryAct,1913]oranyo~herAct Bcn.Acl111
of 1913.
at rhc time being in force for the recovery of public dcmands.
Power lo 13. The lease of the tolls of any public fcny shall be liable lo be
cmcel Iwe.
cancelled at once by he Magistratc of h e disuict in which such r e v is
situated, if it shall appcar 10 such Magismale thai [he lessee has failcd ro
make due provision for h e convenience or safety of the public wjrhjn
fifteen days arccr being rcquired to do so by a nolice in writing from such
Magistratc.
Sumndcr of 14. The lessee of lhc rolls of a public ferry may surrender his lease
1 ~ 5 ~ .
on the cxpiralion of one rnonlh's norice in wriung to he Magisuate of he
disuict i n which such ferry is situarcd of his inlention LO surrender such
Icasc, and on payment of such reasonable compensation as he Magislrale
may, with h e approval of h e Commissioncr, in each case direct.
Pawcr ro 15. The Magisuale or the dis~rict,with the approval of the
n d t rules
, - , Comrnissioner,'may from Lime to Cime make rules consistent wirh this
public Acl,- .
rcrries. ( a ) for h e management ofall public ferries wilhin such dismct,
and for regula~ingh e traffic at such ferries;
(b) for regulating the time and manner at and i n which h e lerms
in which, and the person by whom, Ihc tolls of such femes
may be leased by auction;
(c) for compensadng persons who have compounded for tolls
payable for [he use of any such ferry when such fcrry has
bccn disconunued before !he expinlion of Ihc period
compounded for; and
(d) gcnerally, lo carry out the purposes of this Acr:
And, when h e tolls of a ferry have bccn leased under section 9,
such Magistrate may, from time to time, with such approval as aforesaid,
make additional rules consislent wirh h s Act,-
(e) for collcc~ingh e renrs payable for the tolls of such ferries;
(f) for regula~ing[he returns of baffic to be, fiom time LO tirne,
submitted by ~ h clcsscc of such ferries;
'Thesc words and figure were substi~uWlTor h e words and figures "Bengal Acl V11 of
I88O" by s. 2 and the Frsr Sch. of h c Bcngal Repenling and Amending ACI, 1938 (Ben.
Acr 1011939).
 LatestLaws.com

rile Bellgal Ferries Act, 1885-

(Pari I.-Priblic Fem'es.-Sections 16, 17.)

(g) in cases in which the communication is to be eslablishcd by

means of a bridge of boab, pontoons or rafb, or a swing-
bridge, flying-bridge or lemporaq bridge, [or regulating rhe
time and manner at and in which such bridge shall be
constructed and maintained, and opened for the passage of
vcssels and rafts through Ihc sarnc, and
(h) in cGes in which the kaffic i s conveyed in boats, for
regulaling-
the number and kinds of such boats and lheirdimensions and
equipmen!;
the number of the crew to be kept by the Iessec ror each boal;
thc mainlenance of such boats in good condition;
hc hours during which, and the intervals wilhin which, the
lessee shall be bound 10 ply; and
h e number of passengers, animals andvehicles, and thc bul k
and wcightof orhcr rhings &atmay becarried ineach kind
of boat at one trip;
and may, from time to time, with such approval as aloresaid, rcpeal or
alter such rules.
Rules made under this seclion shall be subjec~to the control of the
'[Slate Govcmmcnt], and shaII bc published in rhc '[OficiulGazette] in
such manner as [he '[Slate Government] directs. and shall rhereupon have
the Force of law.
16. No person shall, except with the sanction of theMagislrale of the Privarc lcrry
district, mainlain a feny loor fromany point wilhin a dislance of ~womiles nor ro ply
wihin two
from h e limits of a public ferry: niilcs o l
Provided thal, in the case of any specified public ferry. the l[Slale public icny
without
Govcmment] may,by notification, reduce or increase the said distance OF sanction.
two miles 10 such exlent as J[it] thinks fil:
Provided also (hat nolhing hcrcinbcforc conlai ned shall prcvcnt pcrsons
keeping boats lo ply bclwcen ~ w places,
o one ofwhich is without, and one
wihin, the said limits, when the dislance bclween such two places is not
less than three rniIes, o r shall apply to boals which [he Magistrare of the
dis~rictexpressly exempts from he operation of this seclion.
17. Claims for compensation for any loss sustained by any person in Claims for
consequence of a privale ferry being taken possession of, or a new public compensa-
[ion. and
ferry, or subsidiary ferry, being established under seclion 6 or section 1 1, whnr mounr
shall be inquired inlo by the Magiskate of the disuict in which such ferry 10 bc
nwded.
is situated, who shall, wilh the approval of the Commissioner. award
compensation lo any person who may appear justly entitled thereto.
'See loor-norc 3 on page 526. urrle.
'See foot-nore 2 on page 526. mrte.
'This word wm-subtituted for the word "W' by pmgnph 5(2) of thc Govcmment of
India (Adapralionof Indian Laws)Ordcr. 1937.
 LatestLaws.com

The Bellgal Ferries Acr. 1885.

[Ben. Act I
(Part I.--Public Ferries.Secfions 18-2/.-Part II.-Privale Ferries.-
, Secrio~r22.)

Such compensation shall bc calculated upon as esurnatc of he annual

nct profii acludly realized by such person from such ferry on an avcragc
of the five years ncxt preceding such declaration, and shall in no case
exceed the amount of fifteen ~imesiuchneL annual profit.

Tolts. 18. Tolls, according lo such ratcs as may, from time lime, be fixed
by rhc Magisaate of the district with the approval of h e Conlmissioner,
shall be levied on all pcrsons, animals, vehiclcs and ohcr things 'crossing
any rivcr by a public ferry and not employed or rransrniucd on thc public
service:
Provided that Lhe2[Statc Government] may, from time to time, declare
that any persons, animals, vchicles or other things shalI be exempt from '

payment OF such tolIs.

Where he tolls of a ferry have been lcascd undcr seclion 9, any such
declaration, if madc after the date of the aucdon, shall entitle the lessee lo
such abatement of rhc rcnt payable in respect of [he lolls as may be fixed
by h e Magistrate ofthe dislricl undcr this section.

Table of 19. The lessee or orher person auihorised to collect the lolls of any
lolls,
public ferry shall affix a table OF such tolls, legibly wri~tcnor printed in h e
vcmacular language, and also, ii thc Con~rnissionerso direcrs, in English,
in somc conspicuous place ncar thc lerry:
List oirolls. and shall be bound ro producc, on demand, a list of the tolls signcd by
[he Magistrate of the dislrict or such othcr oficer as he appoinls in this
behalf.

ar~dfitreshow to be uppropriared I-
20. [Tolls. renrs, co~rrpet~sation
Ouritred by par@. 3 atrdSch. IVof the Govenrnle~~tof hldia lAdapralion of
hrdiarr Laws) Order, 1937.

Cornpound- ZI. It shall be lawful for Lhe Magistrate of the disuict in which a
ing Ior rolls. public rcrry is situated, w i h h e approval of [he Comrnjsdoner, from time
10 lime t o f ~rates a1 which any person may compound for the lolls payable
for he use of such fcrry.

PART n.
Private Ferries.

po~vcr10 22. The Commissioner may from lime 10 time makerulcs consistent
mdic mlcs
in-regard lo
with his Acr, for h e rnainlenance orordcr, and for the safely of pasengcrs
private and property, at private ferries siruared in his division.
Izmes.
'So much or seclion 18 m prnvids lor Ihc exemption from payment or lolls or any
p s o n s , animals. vehicles orotherlhigs rvbich arc excmpted by section 3 or h c Indian Tolls
(Army) ACI. 1901 (11 of 1901). is repmled by s. 8 of h a t Acr.
'See [moor-nole 3 onpagc 526. ~trte.
 LatestLaws.com

The Betrgal Ferries Act, 1885.

(Pari 111.-Perralties and Critl~it~al

Pracedrrre.-Secriorrs 23-27.)

Rules made under this seclion shall be subject to the control of h e

: '[Slaie Governmenr]. and shall be published in the '[Oflcial Gazerte]
in such manner as ~ h '[Slalc
c Governmcn~]direca, and shall Lhercupon
have h e force of law.

Penalties and Criminal Procedure.

23. Every lessee or olher person authorized to collcct the rolls of Pendly for
a pubIic ferry, who neglects to affix and keep in good order and repair bmch o i
provisions as
he [able of tolls mentioned in section 19, 10 w$lc of
or who wilfully removes, alters or defaces such table, or allows il 1 0 ~ s list
. or
lolls md
to become illegible, mrum or
or who fails to produce on demand [he list of [he tolls mentioned Udflc.
in section 19,
and every lcssee who neglects lo furnish any return required under
section 15,
shall be punished wilh'fine which may extend LO fifv rupees.

24. Every such lessee or other person as afores~dasking or laking Penally ior
more than the lawful toll, or without due cause delaying any person,
animal, vehicle or o ~ h wthing, shall lx punished w i ~ hfine which may
:$i6fhbcd
lolls,
md for
exlend to one hundred rupecs. causing
delay.

25. Every person breaking my rule made under section 15 or ~cnnlcyfor

section 22 shall be punished wilh imprisonment for a term which may
exlend lo lhrce monlhs. or with fine which may exrend 10 two hundred
:'$
under
I
rupees, or wirh both. sections 1 5
md 22.

26. When any lessee of the tolls of a public f e makes default Cancclment
in h e payment of lhe rent payable in respect of such mlls, or has been o F l ~ on
c
dcrault or
convictcd of an offence under scclion 25, or, having becn convicted of brwchol
an offence under secdon 23 or section 24, k again convictcd of an "ICS.
offencc under either of lhose sections, h e Magismale of tk dismict may,
with the approval of the Commissioner, cancel ihe lease of the lolls of
such ferry, and make other mangemenls for ils management during the
whole or any parr of h e tcrm for which h e tolls were leased.
27. Every person crossing by any public ferry who refuses [o pay Penalties on
the proper toll, and e v e q person- pnrsngcrs
ofrcnding.
who, wilh inttnr to avoid payment of such d l , fraudulendy or
forcibly crosses by any such ferry without paying h e roll, or
'See ioot-no~e3 on page 526. mtrt.
'Sec foot-no~c2 cn page 526. nnrc.
 LatestLaws.com

The BengaI Ferries Act, 1885.

[Ben.ActI '

I 1

(Par2 111.-Penalries mid Crin~ir~al

Procedr~re,-Secriotrs 28-32.)

who obslructs any roll-collector, or Icssee of h e tolIs of any public

ferry, or any of his assistantsin any way in chc execulion of rhcir duly
1
under chis Act, or
who,aher being warned by any such loll-collccror, lessee or assistan1
no[ 10 do so, goes, or takes any animals, vchicles or olher chings, inlo
any fcny-boat. or upon any bridge at such a ferry, which is in such o
I
state or so loaded as lo endanger human life or propity, or
who rcfuses or neglects LO leave, or remove any animals, vehicles
ar goods from any such ferry-boat or bridge on being rcquesled by such
roll-collector, lcssee or assishnt lo do so, or
who moors any boat, raft or o h t r substance to, or i n any way I
obsirucrs, any pan of a public ferry,
shaIl be punished wilh fine which may exlend to fifiy rupces.
Pcnd\y lor 28. Whoever conveys for hire any passenger, animal, vchicle or
plyins o h c r Lhing in contravenrion of h e provisions of secuon 16 shall be
wiihin
public fcny- punished with finc which may cxtend lo fifty rupees.
count
wirhout
liccnse.
29. Where the tolls of any public ferry have bccn leacd under h e
provisions hcrcinbefore contained, h e whoIc or any portion of any fine
realized under scclion 27 or scclion 28 niay '+ * be, at the
discretion or rhe convicting Magistrate or Bench of Magistrates, paid to
the lessee.
Rnd~yTor 30. Whoever navigates, anchors. moors or fsrcns any vcsscl or
mh rait, or aacks any timber, in a manner so rash or negligent a lo damage
n~vigstion
and sucking a public ferry, shall be punished with imprisonment for a term which
orrirnkr. may extend lo thrce monrhs, or w i h fine which may extend lo five
hundrcd rupecs, or with bolh; and Ihe toll-collecror or lessce of rhc
!oils of such ferry, or my d his asdstanrs, may seize and deiain such
vessel, raft or timber pending the inquiry and assessmen1 hcreinafier
menlianed.
31. 'I'he policc may arrest without warrant any person cammitdng
an offence against secrion 27 or secrion 30.

32. Bvcry Magiskate or Bench of Magistrales trying any offencc

under h i s Act .may jnquirc into and assws lhe vduo of Ihc damage (if
any) done or caused by the offender to the ferry concerned, and shall
order the amount of such valuc lo be paid by him in addition lo any fine
imposcd upon him undcr h i s Acl; and h e amounL SO ordcred Lo bc paid
shall be leviable as if ir were a fine, or when he offence is one under
section 30 by he sale of che vessel, ralt or timber causing the damage.
and of anything found in or upon such.vesscl or raft.
'The words "noiwithsinndig mylhing conlnined in section 20." were repcdcd by
s. 3 nnd Sch. I1 of thc Bengal Repealing w d Amending ACI, 193% (Ben.Act I of 1939).
 LatestLaws.com

Tlte Bet~galFerries A cr, 1885.

The Commissionermay,on hc appeal of my person deeming himself

aggrieved by an order under rhis section, reduce or rcmil the amount
'

payable undcr such ordcr.

PART IV.

33. On h e cancel men^ or surrender of a lease, he Magistrate of Powcr to

the disriict may rake posscssion of all boats and oher appliances and rposscssion
dc
may eirher relain the same perrnanenlly on payment of a fair pricc 10 or bwts md
o~hcr
the proprietor, or may retain h e m for such time as may be necessary, opplianccs
no1 exceeding three monlhs. until he can make qangernenls for such on surrrndcr
ohcr boats and appliances as may be necessary, in which case the or cancella~inn
Magismre of the district shail pay a fair sum ta the owners for h e use o f lwe.
of ~ h csaid boats and appliances:
Provided thar, wilhin a week of h n g such possession, h e Magisuale
of h e district shall be bound to givc norice ro the said lesscc of his
inlention co retain thc said boats and applianccs permanently, or for a
period LO be specificd in the notice.
I
34. Whcn any boats or their equipments, or any materials or similv I
appliances suitable For setting up a Ccrry, are emcrgenlly required for powerln '

facilitating the m s p o n of officcrs or rroops of '[Govenunent] on dury, cmcrgcnq.

or of any othcr persons on h e business of l[Governmen~]or of any
animals, vehiclcs or baggage belonging 10 such officers,mops or persons,
or of any property of LIGovernmcnl]h e Magismle of h c dis~rictmay
lakc possession of and use the same (paying such cornpensadon for the
use thereof as h e '[Central Government, where he transport is in
connection with h e affairs of the Cenrral Government, and h e State'
Government in other cases] may in each cast direct) until such transport
is completed.
'This word was subsliruted tor [hc words "Her Majcsry" by p m . 4(1) or the
Adapwon o l has Ordcr, 1950.
mcst words werc substituted for thc word "Lievccnant-Governor"by p m . 3 and
Sch. IV of lhe Covenuneni of India (Adaptdon or Indian h w s ) Ordrr. 1937.
'Subsurufcd for the words "Provincinl" by para 4(1) QF the Adaptdon of Laws
Ordcr. 1950.
 LatestLaws.com

The Bengal Ferries Act, 1885.

[Ben. Art I of 1885.1

35,36.)
(Part I V.-Mi~cellar~eo~~s.--Secrio~~s

l35. I1 shall be lawful for the '35. Irshall belawht forthe Manngemcrd
may be
'[Smle Government] iv order Chat '[State Government] to order that vcslcd in
any public ferry shal I bc managed any public ferry siruared in arly Disrri~-I

by a local alrrJlority having districr ill which a disrricr board Board.

jtirisdictiot~over the arm or airy has bee11 esrnblished rir~der the
provisio~~s of rhe Ber~galLocal Self- Bcn. Act 111
purr of rhe area it1 which s ~ c lferry
i of 18B5-
Covenmme~~! Act of 1885 shall be
IS sit~roted;and s u h~local orrtl~oriry
managed by strdr District Board;
shall have all h e powers vesled in and such District Board shall have
the Magiswale of the district under all the ~ o w c r svested in the
hsAc[exce~Lhe~owerss~ecified Magislra~eoFLhcdistrictunder~s
in seclions 7, 17 and 32, '[and Act excepl the powers specified in
I
thereupon ~ h cferries shall bc sections 7, 17 and 32, s[and
managed accordingly.] thereupon [he ferrjcs shall be I

manngcd accordingly]. I

=lie'fsrate G*venzmer' '1 may The '[Sra~eGoverrr,~e~r~] nray

frWtl tiille tQ h i e V U Q or annlil froRI ,in,e to or annul
any order made under rhis section. any order nrade under this secrion.

Delegnuon 36. The 6 [ S ~ a ~Govemmenl]

e may, from time to time, delegate,
Orpowcrs' under such reswiciions as 7[i1] Lhinks fit, any of h e powers conferred
on B[il] by this Act to any Commissioner or Magistrate of a dismic~.or
10 such othcr officer or aulhority as '[it] hinks fit, by name or by official
designation.

LSccrion35is in iorcc in lhis form in ma in which Bcngd-Acr V of 1919 is in force.

Set Sch. I ro rhar Acr. h e r , the prcrent -don 35 was subrtitut+ Tor ht original by
s, 118A(2)(3 of, m d Schedule I to. fhe West Bengd P u t ~ c l ~ a ~ ~ 1957
Act, r (West Ben,
Acl I of 1957).
n is in' f o m in !his Corm in arras in which ~ c n p Acr
y S c c ~ i ~35 l V of 1919 is not
in rorcc.
'These words wtrc substiturcd for rhe w o r k " L e d Government" by pmgmph 4(1)
of h c Government o i India (Adaplation of Indian Laws) Order. 1937.
'These words were substicu~cdlor Lhc word "Licutenmt-Govzmo?. ibid.
)These words were subStitdCd for hwords fmm "and the Liculcnmt-Covcrnnr" (or.
lk caw m y bc, from "and i h t Lncd Government") to "accordingly" by p a n 3 and
Sch. 1V or rhe Gavernrnen~of India (Adaptorion or Indim Imws) Order, 1937.

l h i s word WE subnituted for thc wont "he" by w m p h S(2) of h e Govcmrnent

ot lndin (Adupration of Indian Lnws) Ordcr. 1937.
This word was sub5tiruted for the word "him". ibid.