LexThe Himachal Pradesh Ferries Act, 1956
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this act(Authoritative English Text of the Himachal Pradesh Tarn (Ferries)
Adhiniyam, 1956).
THE HIMACHAL PRADESH FERRIES ACT, 1956
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
PUBLIC FERRIES
3. Power to declare, establish, define and discontinue public
ferries.
4. Claims for compensation.
5. Superintendence of public ferries.
6. Management may be vested in municipality.
7. Management may be vested in the Zila 1[Parishad].
8. Letting ferry tolls by auction.
9. Recovery of arrears from lessee.
10. Power to cancel lease.
11. Surrender of lease.
12. Power to make rules.
13. Private ferry not to ply within two miles of public ferry without
sanction.
14. Person using approaches, etc., liable to pay toll.
15. Tolls.
16. Table of rolls.
17. Tolls, rents, compensation and fines are to form pa rt of
revenues of State.
18. Compounding for tolls.
CHAPTER III
PRIVATE FERRIES
19. Power to make rules.
20. Tolls.
1. Substituted for the word “Panchayat” vide A.O. 1 973.
2 THE HIMACHAL PRADESH FERRIES ACT, 1956
CHAPTER IV
PENALTIES AND CRIMINAL PROCEDURE
21. Penalty for breach of provisions as to table of tolls, list of tolls
and return of traffic.
22. Penalty for taking unauthorised toll, and for causing delay.
23. Penalty for breach of rules made under section 12 and 19.
24. Cancellation of lease on default or breach of rules.
25. Penalties on passengers offending.
26. Penalty for maintaining private ferry within prohibited limits.
27. Fines payable to lessee.
28. Penalty for rash navigation and stacking of timber.
29. Power to arrest without warrant.
30. Power to try.
31. Magistrate may assess damage done by offender.
CHAPTER V
MISCELLANEOUS
32. Power to take possession of boats, etc. on surrender or
cancellation of lease.
33. Similar power in cases of emergency.
34. Jurisdiction of civil courts barred.
35. Delegation of powers.
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THE HIMACHAL PRADESH FERRIES ACT, 1956
(ACT NO. 10 OF 1956) 1
(Received the assent of the President on the 4 th June, 1956 and was
published in the Rajpatra, Himachal Pradesh, dated the 24 th November, 1956,
pp. 657-662).
An Act to regulate ferries in Himachal Pradesh.
Amended, repealed or otherwise affected by,-
The Himachal Pradesh Adoption of Laws (State and Co ncurrent
Subjects) Order, 1973, published in the Rajpatra, H imachal Pradesh
(Extra-ordinary), dated the 20 th January, 1973, pp. 91-112.
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dat ed the 29 th March, 1956, p.
80. The Act extended to the areas added to Himachal Pradesh u/s 5 of the Punjab
Re-organisation Act, 1966 by the Himachal Pradesh E xtension of Laws Act, 1976
( Act No. 29 of 1976).
THE HIMACHAL PRADESH FERRIES ACT, 1956 3
BE it enacted by the Legislative Assembly of the Himachal Pradesh in
the Seventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Ferries Act, 1956.
(2) It extends to 1[the areas as comprised in Himachal Pradesh
immediately before 1st November, 1966].
(3) It shall come into force on such date as the St ate Government
may, by notification in the official Gazette, fix in this behalf.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(1) "ferry" includes also a bridge of boats, pontoo ns or rafts, a
swing-bridge, a flying bridge and a temporary bridg e, and the
approaches to, and landing-places of, a ferry;
(2) 2[XXXXXXXXXXXXXXXXXXXXX].
CHAPTER II
PUBLIC FERRIES
3. Power to declare, establish, define and disconti nue public
ferries.- (1) The State Government may, from time to time-
(a) declare what ferries shall be deemed public fe rries, 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 opi nion, 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 un necessary.
(2) Every such declaration, establishment, definiti on, 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 may, in respect of such r iver be exercised by the
Himachal Pradesh Government in consultation with th e Government of the
other State and notifications may be issued by the State Governments
1. Substituted for the words "whole of the Himachal Pradesh" by A.O. 1973.
2. The definition of "State Government" omitted by A.O. 1973.
4 THE HIMACHAL PRADESH FERRIES ACT, 1956
concerned 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 Depu ty Commissioner of the
District in which such ferry is situated, or by suc h other officer as the State
Government may, from time to time, appoint by name or in virtue of his office
in this behalf.
4. Claims for compensation.- Compensation shall be paid by the
State Government for any loss sustained by any pers on in consequence of a
private ferry being taken possession of under secti on 3 after enquiry by the
District Magistrate of the District in which such f erry is situated or such
officer as he appoints in this behalf.
5. Superintendence of public ferries.- (1) The immediate
superintendence of every public ferry shall, except as provided in sections 6
and 7 be vested in the District Magistrate of the District in which such ferry is
situated or in such officer as the State Government may, from time to time,
appoint by name or in virtue of his office in this behalf.
(2) Such Magistrate or officer shall, except when t he tolls at such
ferry are leased, make all necessary arrangements f or the supply of boats or
such ferry, and for the collection of authorised tolls leviable thereat.
6. Management may be vested in municipality.- The State
Government may direct that any public ferry situate d within the limits of a
town be managed by the officer or public body charg ed with the
superintendence of the municipal affairs of such to wn, and thereupon that
ferry shall be managed accordingly.
7. Management may be vested in the Zilla 1[Parishad].- The State
Government may direct that any public ferry wholly or partly within the area
subject to the authority of a Zilla 2[Parishad] may be managed by the Zilla
3[Parishad] and thereupon that ferry shall be managed accordingly.
8. Letting ferry tolls by auction.- (1) The tolls of any public ferry
may, from time to time, be let by public auction fo r a term not exceeding five
years with the approval of the Deputy Commissioner of the District, or by
public auction, or otherwise than by public auction , for any term with the
previous sanction of the State Government.
(2) The lessee shall conform to the rules made unde r this Act for the
management and control of the ferry, and may be called upon by the officer in
whom immediate superintendence of the ferry is vest ed, or, if the ferry is
managed by a municipal or other public body under s ection 6 or 7, then by
that body, to give such security for the punctual payment of rent as the officer
or body, as the case may be, thinks fit.
1. Substituted for the word "Panchayat" by A.O. 19 73.
2. Substituted for the word "Panchayat" by A.O. 19 73.
3. Substituted for the word "Panchayat" by A.O. 19 73.
THE HIMACHAL PRADESH FERRIES ACT, 1956 5
(3) When the tolls are put up to public auction, th e 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 acc ept the offer of the highest
bidder, and may accept any other bid, or may withdraw the tolls from auction.
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 District Magis trate of the District in which
such ferry is situated as if they were arrears of land revenue.
10. Power to cancel lease.- (1) The State Government may cancel the
lease of the tolls of any public ferry on the expiration of one month's notice in
writing to the lessee of its intention to cancel such lease.
(2) When any lease is cancelled under this section, the District
Magistrate of the District in which such ferry is situated shall pay to the lessee
such compensation as such magistrate with the previ ous 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 one month' s notice in writing to the
State Government of his intention to surrender his lease, and on payment to
the District Magistrate of the District in which su ch ferry is situated of such
compensation as such Magistrate, subject to the app roval of the State
Government, may, in each case direct.
12. Power to make rules.- (1) Subject to the previous approval of the
State Government, the Financial Commissioner or suc h officer 1 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, make rules consistent with this
Act-
(a) for the control and the management of all publ ic ferries and
for regulating the traffic at such ferries;
(b) for regulating the time and manner at and in w hich, and the
terms on which, the tolls of such ferries may be le t by
auctions, and prescribing the persons by whom aucti ons may
be conducted;
(c) for compensating persons who have compounded f or tolls
payable for the use of any such ferry when such fer ry has
been discontinued before the expiration of the peri od
compounded for;
1. The Secretary (PWD), to the Government of Himach al Pradesh was authorised to
frame rules, vide Notification No. PBW-B (3)-2/84 d ated 27 th March, 1984
published in the Rajpatra, Himachal Pradesh dated 2 9 th December, 1984 p. 1461
and subsequently the Secretary (TPT) to the Governm ent of Himachal Pradesh
was authorised vide Notification No. 20-6/84-Tpt da ted 24-11-1984 published in
the Rajpatra, Himachal Pradesh, dated. 13 th December, 1986, p. 1265.
6 THE HIMACHAL PRADESH FERRIES ACT, 1956
(d) generally to carry out the purposes of this Ac t; and when the
tolls of a ferry have been let under section 8, suc h Financial
Commissioner or other officer may, from time to tim e
(subject as aforesaid), make additional rules consi stent 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 e stablished by
means of a bridge of boats, pontoons or rafts, or a swing-
bridge, flying-bridge or temporary bridge, for regu lating the
time and manner at and in which such bridge shall b e
constructed and maintained and opened for the passa ge of
vessels and rafts through the same; and
(g) in cases in which the traffic is conveyed in b oats for
regulating-
(i) the number and kind of such boats and their dim ensions
and equipment;
(ii) the number of the crew to be kept by the lesse e for each
boat;
(iii) the maintenance of such boats continually in good
condition;
(iv) the hours during which, and the intervals with in which,
the lessee shall be bound to ply; and
(v) the number of passengers, animals and vehicles, and the
bulk and weight of other things, that may be carrie d in
each kind of boat at one trip.
(2) The lessee shall make such returns of traffic a s the Deputy
Commissioner of the District or other officer as af oresaid may, from time to
time, require.
13. Private ferry not to ply within two miles of pu blic ferry
without sanction.- Except with the sanction of the Deputy Commissioner 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 Gaz ette, reduce or increase
the said distance of two miles to such extent as it thinks fit:
Provided also that nothing hereinbefore contained s hall prevent
persons from plying between two places, one of whic h 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 which do not pl y for hire, or which the
State Government expressly exempts from the operation of this section.
THE HIMACHAL PRADESH FERRIES ACT, 1956 7
14. Person using approaches, etc., liable to pay to ll.- Whoever uses
the approach to, or landing place of, a public ferr y is liable to pay the toll
payable for crossing such ferry.
15. Tolls.- (1) Tolls, according to such rates as are, from time to time,
fixed by the State Government, shall be levied on a ll persons, animals,
vehicles and other things crossing any river by a p ublic ferry and not
employed or transmitted on the public service :
Provided that the State Government may, from time t o time, declare
that any persons, animals, vehicles or other things shall be exempted from
payment of such tolls.
(2) Where the tolls of a ferry have been let under section 8, any such
declaration, if made after the date of the lease, s hall entitle the lessee to such
abatement of the rent payable in respect of the tol ls as may be fixed by the
Deputy Commissioner of the District or such other o fficer 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 o f such tolls, legibly written or
printed in Hindi and also if the Deputy Commissione r of the District so
directs, in English in some conspicuous place near the ferry, and shall be
bound to produce, on demand, a list of the tolls, s igned by the Deputy
Commissioner of the District or such other officer as he appoints in this
behalf.
17. Tolls, rents, compensation and fines are to for m part of
revenues of State.- All tolls, rents, compensation and fines under this Act
(other than tolls received by any lessee) shall for m part of the revenue of the
State.
18. Compounding for tolls.- The State Government may, if it thinks
fit, from time to time, fix rates at which any pers on may compound for the
tolls payable for the use of a public ferry.
CHAPTER III
PRIVATE FERRIES
19. Power to make rules.- The Deputy Commissioner of the District
may, with the previous sanction of the State Govern ment, from time to time,
make rules for the maintenance of order and for the safety of passengers and
property at ferries other than public ferries.
20. Tolls.- The tolls charged at such ferries shall not exceed the
highest rates for the time being fixed under sectio n 15 for similar public
ferries.
8 THE HIMACHAL PRADESH FERRIES ACT, 1956
CHAPTER IV
PENALTIES AND CRIMINAL PROCEDURE
21. Penalty for breach of provisions as to table of tolls, list of tolls
and return of traffic.- Every lessee or other person authorised to collect the
tolls of a public ferry, who neglects to affix and keep in good order and repair
the table of tolls mentioned in section 16, or who wilfully removes, alters or
defaces such table, or allows it to become illegible, or who fails to produce on
demand the list of the tolls mentioned in section 1 6, and every lessee who
neglects to furnish any return required under secti on 12, shall be punishable
with fine which may extend to fifty rupees.
22. Penalty for taking unauthorised toll, and for c ausing delay.-
Every such lessee or other person as aforesaid and any person in possession of
a private ferry demanding or taking more than the l awful toll, or without due
cause delaying any person, animal, vehicle or other things, shall be punishable
with fine which may extend to five hundred rupees.
23. Penalty for breach of rules made under sections 12 and 19.-
Every person committing a breach of any rule made u nder section 12 or
section 19 shall be punishable with imprisonment fo r a term which may
extend to six months, or with fine which may extend to two hundred rupees,
or with both.
24. Cancellation of lease on default or breach of r ules.-When any
lessee of the tolls of a public ferry makes default in the payment of the rent
payable in respect of such tolls, or has been convi cted of an offence under
section 23, or, having been convicted of an offence under section 21 or section
22, is again convicted of an offence under either of those sections, the District
Magistrate of the District may, with the sanction o f the State Government,
cancel the lease of the tolls of such ferry, and ma ke other arrangements for its
management during the whole or any part of the term for which the tolls were
let.
25. Penalties on passengers offending.- Every person crossing by
any public ferry, or using the approach to, or land ing place thereof, who
refuses to pay the proper toll, and every person-
who, with intent to avoid payment of such toll, fra udulently or
forcibly crosses by any such ferry without paying the toll, or
who, obstructs any toll-collector or lessee of the tolls of a
public ferry or any of his assistants in any way in the execution of their
duty under this Act, or
who, after being warned by any such toll-collector, lessee or
assistant not to do so, goes or takes any animals, vehicles or other
things into any ferry boat, or upon any bridge at s uch a ferry, which is
in such a state or so loaded as to endanger human life or property, or
who, refuses or neglects to leave, or remove any an imals,
vehicles or goods from any such ferry-boat or bridg e, on being
THE HIMACHAL PRADESH FERRIES ACT, 1956 9
requested by such toll-collector, lessee or assistance to do so,
shall be punishable with fine which may extend to fifty rupees.
26. Penalty for maintaining private ferry within pr ohibited
limits.- Whoever establishes, maintains or works a ferry in contravention of
the provisions of section 13 shall be punishable with fine which may extend to
five hundred rupees, and with a further fine which may extend to one hundred
rupees for every day during which the ferry is main tained or worked in
contravention of those provisions.
27. Fines payable to lessee.- Where the tolls of any public ferry have
been let under the provisions hereinbefore contained, the whole or any portion
of any fine realised under section 25 or section 26 , notwithstanding anything
contained in section 17, be at the discretion of th e convicting Magistrate, paid
to the lessee.
28. Penalty for rash navigation and stacking of ti mber.- 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 punishable
with imprisonment for a term which may extend to th ree months, or with fine
which may extend to five hundred rupees, or with bo th; and the toll-collector
or lessee of the tolls of such ferry or any of his assistants, may seize or detain
such vessel, raft or timber pending the inquiry and assessment herein after
mentioned.
29. Power to arrest without warrant.- The police may arrest
without warrant any person committing an offence ag ainst section 25 or
section 28.
30. Power to try.- Any Magistrate of the 1st or 2nd class may try any
offence against this Act.
31. Magistrate may assess damage done by offender.- (1) Every
Magistrate trying any offence under this Act may in quire 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 Ac t, 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 28, by the sale of the vessel, ra ft or timber causing the
damage, and of any thing found in or upon such vessel or raft.
(2) The State Government may, on the appeal of any person deeming
himself aggrieved by an order under this section, r educe or remit the amount
payable under such order.
CHAPTER V
MISCELLANEOUS
32. Power to take possession of boats, etc., on sur render or
cancellation of lease.- When the lease of the tolls of any ferry is surrend ered
under section 11 or cancelled under section 24, the District Magistrate of the
District may take possession of all boats and their equipment and all other
10 THE HIMACHAL PRADESH FERRIES ACT, 1956
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 such Magi strate can conveniently
procure proper substitutes therefor.
33. Similar power in cases of emergency.- When any boats or their
equipment or any materials or appliances suitable f or setting up a ferry, are
emergently required for facilitating the transport of officers, or troops of the
Government of India on duty, or of any other person s on the business of
Government, or of any animals, vehicles or baggage belonging to such
officers, troops or persons or of any property of G overnment, the District
Magistrate of the District may take possession of a nd use the same paying
such compensation for the use thereof as the Centra l Government where the
transport is in connection with the affairs of the Central Government and the
State Government in other cases, may in each case d irect, until such transport
is completed.
34. Jurisdiction of civil courts barred.- No suit to ascertain the
amount of any compensation payable, or abatement of rent allowable, under
this Act shall be cognizable by any civil court.
35. Delegation of Powers.- The State Government may, from time to
time, delegate, under such restrictions as it think s fit, any of the powers
conferred on it by this Act to the District Magistr ate of the District or any
other Magistrate of a District, or to such other officers as it thinks fit, by name
or by virtue of his office.
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