The Goa Ferries Act, 1990

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GOVERNMENT OF GOA
Law (Legal and Legislative Affairs) Department
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Notification
7-13-90/LA
The Goa Ferries Act, 1990 (Goa Act No. 9 of 1990) which was passed by the Legislative
Assembly  of  Goa  on  2-8-1990  and  assented  to  by  the  Governor  of  Goa  
on 10-9-1990, is hereby published for the general information of the public.
P. V. Kadnekar, Under Secretary (Drafting).
Panaji, 10th September, 1990.
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The Goa Ferries Act, 1990
(Act No. 9 of 1990)   [10-9-1990]
AN
ACT
to regulate the use of ferries in the State of Goa.
Be it enacted by the Legislative Assembly of Goa in the Forty-first Year of the Republic of
India as follows:—
1. Short title, extent and commencement. — (1) This Act may be called the Goa Ferries
Act, 1990.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) ‘Captain of Ports’ means the Captain of Ports of the Government;
(b)  ‘channel’  means  any  canal,  river,  lake,  backwaters,  creeks  or  other  navigable
waterways;
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(c) ‘ferry’ means a place at which goods or passengers or vehicles are conveyed across a
channel by means of vessels, and includes also the approaches to and landing places of a
ferry;
(d) ‘Government’ means the Government of Goa;
(e) ‘lessee’ means any person who holds right of tolls at public ferry on lease; 
(f) ‘notification’ means a notification published in the Official Gazette;
(g) ‘Official Gazette’ means the Official Gazette of the Government; 
(h) ‘prescribed’ means prescribed by rules made under this Act;
(i) ‘public ferry’ means a ferry which is declared to be a public ferry under the provisions
of this Act.
3. Power to declare, establish, define limits or routes and discontinue public ferries. —
The Government may by notification, from time to time,—
(a) declare as to which ferry shall be public ferry, and the respective districts in which for
the purposes of this Act it shall be deemed to be situated;
(b) establish new public ferries where, in its opinion, they are needed; 
(c) define the limits of any public ferry;
(d) define or alter the routes of navigation at any public ferry; and 
(e) discontinue any public ferry which it deems unnecessary:
Provided that when a channel lies between the State and the other State, the powers conferred
by this section shall, in respect of such channel, be exercised by the Government in accordance
with the provision of an agreement with the Government of the other State, which provision
shall be notified by the Government in the Official Gazette. 
4. Power to cause levy of toll. — (1) The Government may, by notification, fix such rates of
toll to be levied on all vessels for the use of approaches to and landing places of a public ferry.
(2)  The  Government  may,  by  notification,  fix  such  rates  of  toll  to  be  levied  on  
all  persons,  animals,  vehicles  and  other  things  crossing  any  river  at  a  public  ferry  and  
not employed or transmitted on the service of the Government or the Government of India:
Provided that the Government may, from time to time by a notification or a special order,
exempt from payment of such toll any person, animal or vehicle or other things as may be
specified therein.
5. Power of Government to lease levy of tolls. — It shall be lawful for the Government to
lease levy of tolls at the rates fixed under section 4 in respect of any public ferry  by public
auction or contract from year to year or for a longer period not exceeding three years on such
terms and conditions as the Government may deem fit.
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6.  Powers and liabilities  of  lessees  and their Agents. — All  persons  employed by the
Government in the management and collection of toll levied under section 4 and where the right
to collect toll has been leased under section 5, the lessee and every person appointed by the
lessee as his agent for the purpose of collection of such toll shall be deemed, within the meaning
of section 7, to be an officer appointed to collect the toll and shall exercise all the powers and be
subject to all the obligations and liabilities attaching persons so appointed.
7.  Power of seizure. — In case of non-payment of any such toll on demand, the officers
appointed to collect the same may seize any vessel, vehicle or animal or goods on which it is
chargeable and, if any toll remains un-discharged within twenty four hours of such seizure, the
officer concerned shall report the matter to the Captain of Ports who may sell such property for
discharge of the toll and all expenses occasioned due to such non- payment, seizure and sale and
cause the balance if any that may remain to be returned on demand to the owner of the property:
Provided that, if at any time before the sale the person whose property has been seized
tenders the toll due and all the expenses incurred the said officer shall forthwith release the
property seized.
8. Assistance by the Police Officers. — All Police officers shall when required, be bound to
assist the officer appointed to collect the toll by exercising all powers they have in the exercise
of their common Police duty.
9.  Exhibition of table of tolls and statement of penalties. — The Captain of Ports shall
cause a table of the tolls authorised to be charged and put up at all public ferries in writing or
printed in the official language and also in such other languages as may be prescribed.
10. Penalties.— (1) Whoever fails to pay the toll or uses any public ferry without paying the
toll or obstructs any officer appointed to collect the toll in any way in exercise of his duties
under the Act shall be liable to pay such amount as may be prescribed as penalty.
(2) Any person who is liable to pay any penalty under sub-section (1) on his refusal to pay
such penalty shall, on conviction, be punished with imprisonment for a term which may extend
to one month or with fine which shall not be less than the penalty payable under sub-section (1)
or with both.
11. Power to make rules.— The Government may, by notification, make rules generally for
the purpose of carrying out the purposes of this Act.
Secretariat Annexe, B. S. SUBBANNA,
Panaji, Goa. Secretary to the Government of Goa
Dated: 10th September, 1990. Law Department (Legal Affairs)
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