The JAMMU AND KASHMIR FERRY BOATS CONTROL ACT, 1971
Jammu and Kashmir · state statute
Open in Lexace · Ask the AI about this actFERRY BOATS CONTROL ACT, 1971 (Act No. XVIII OF 1971) THE JAMMU AND KASHMIR FERRY BOATS CONTROL ACT, 1971 (Act No. XVIII of 1971) CONTENTS Section 1. Short title, extent and commencement. 2. Definitions. 3. Regulation of ferries and ferry boats. 4. Power of delegation. 5. Penalty. ––––––– FERRY BOA TS CONTROL ACT, 1971 113 THE JAMMU AND KASHMIR FERRY BOATS CONTROL ACT, 1971 (Act No. XVIII of 1971) [Received the assent of the Governor on 13th October, 1971 and pub- lished in the Government Gazette dated 15th October, 1971]. An Act to provide for control on plying of ferry boats in the *[Jammu and Kashmir State]. Be it enacted by the Jammu and Kashmir State Legislature in the Twenty- second Year of the Republic of India as follows: –– 1. Short title, extent and commencement. —(1) This Act may be called the Jammu and Kashmir Ferry Boats Control Act, 1971. (2) It shall extend to the 1 [whole of the Union territory of Jammu and Kashmir]. (3) It shall come into force on such date as the 2 [Government of the Union territory of Jammu and Kashmir] may by notification specify in this behalf and different dates may be specified for different areas. 2. Definitions.—In this Act, unless the context otherwise requires— (a) “ferry” means a place at which persons, animals or goods are trans- ported across a water-course by means of a ferry boat ; (b) “ferry boat” includes Beri, Kishti, Machwa, Raft, Skins, Shikara or steam or Motor Launch or any other device used for transporting persons, animals or goods across a water-course ; (c) “water course” means such river, canal, stream and other channel or collection of water as the 2 [Government of the Union territory of Jammu and Kashmir] may, by notification, declare to be a water- course for purposes of this Act. 3. Regulation of ferries and ferry boats. —(1) If the 2 [Government of the Union territory of Jammu and Kashmir] is satisfied that for the safe transport of * Now Union territory of Jammu and Kashmir. 1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the State”. 2. Substituted ibid for “Government”. 114 FERRY BOA TS CONTROL ACT, 1971 persons, animals and goods across a water-course, it is necessary to do so, it may, by a notified order, provide for regulating, prohibiting, restricting or oth- erwise controlling the operation of ferry boats over such water-course. (2)Without prejudice to the generality of the powers conferred by sub- section (1), an order thereunder may provide— (a) for regulating by permits and imposing conditions for operation of ferry boats over a water-course and for charging fee for such per- mits ; (b) for classification of ferry boats for purposes of transport of per- sons, goods and animals over a water-course ; (c) for controlling the fares and freights at which persons, goods and animals may be transported from one ferry to another ferry ; (d) rejecting any ferry boat or any class of ferry boats for operation over any water-course ; (e) for prohibiting the operation of any ferry boat or any class of ferry boats which in the opinion of the 1 [Government of the Union terri- tory of Jammu and Kashmir] is unworthy or unfit for operation either generally or over a particular water-course ; (f) regulating the timings of operation of ferry boats over a water- course ; (g) regulating transport of corpses or persons suffering from any in- fectious or contagious disease or goods likely to cause discomfort, injury or harm to passengers or animals ; (h) regulating the carriage and exhibition of lights by such ferry boats ; (i) regulating the conduct of passengers in such ferry boats ; (j) prescribing the equipment and the number of persons to ply or operate a ferry boat over a water-course ; (k) prescribing the conditions and terms on which the operation of ferry boats owned or engaged by the 1 [Government of the Union territory of Jammu and Kashmir], may be leased out; and 1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”. FERRY BOA TS CONTROL ACT, 1971 115 (l) regulating any other matter incidental or supplemental to the afore- said powers. 4. Power of delegation.—The 1 [Government of the Union territory of Jammu and Kashmir] may, by notification, direct that all or any of the powers under section 3 be exercisable in any area, also by such officer or authority and subject to such conditions, as it may specify in the notification. 5. Penalty.—Any person, who contravenes any of the orders made under this Act, or any of the conditions of any permit granted for operation of ferry boats under this Act shall be punished with fine not exceeding one thousand rupees by an authority specified by the 1 [Government of the Union territory of Jammu and Kashmir] in this behalf. ––––––– 1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
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