The Tamil Nadu Canals and Public Ferries Act, 1890

 
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The Tamil Nadu Canals and Public Ferries Act, 1890 
 
Act 2 of 1890 
 
 
 
 
 
 
 
 
Keyword(s): 
Canals, Public Ferries, Vessel, Channel, Line of Navigation, Public Ferry 
 
Amendment appended: 7 of 1939
Preemblo. 
Canuls and P~blic Ferries [1890: T.N. ,Act 11 
(Tr\MIL NADU) A('T No. II OF 1890'. 
An Act to make better provision for the i 
establishment of Canah and Public Ferries 
. in the ' [State of Tamil Nadu] and for the 
management thereof. 
I I 
I 
WHTCRRAS it i~ ospedienl to ~ni~lto l~cttcr provision i 
for the establishmoat of canals and public ferries in 
the ' [State of Tamil Nadu] and for the lnanagrment 
thereof ; It is enacted as follows I- 
Short title I. This Aot may be called the ' [Tamil Nadu] Canals 
and 10-1 and Public Ferries Act, 1890. oxtent. 
It extends to the whole of the '[State of Tamil 
Nadu]. 
These words'were substituted for the word " Madras " by Che Tamil Nadu Adaptation of Laws Order, 1969, as amended by the 
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 
1969, whioh came into force on the 14th January 1969. 
For Btatomont of Objoot~ and Ronsolln ~cc Port Ocorge ffasetlc 
Supplomo~it, datod tho 3rd Decombcrr 1889, p. 3 ; for Report of 
the Select Committee, see ibid, dated the 25th February 1890, 
p. 1 ; for Procoodings in Council, 8es ibid, dated tho 28th January 
1890, p. 2 and ibid, dated tho 1st Arril 1690, p. 3. 
This Act was extended to the mcrged Stato of Pudukkottai by 
section 3 of, and the First Scliedulo t,t, t,lie Tamil Nadu Morgcd 
States (Laws] Act, 1949 (Tamil Nndu Aft XXXV of 1940). 
Thi~ Apt wns extonded to tho ICanyakumari district and the 
Shonoottah ialuk of the Tirunelvoli d.~tl~ct by section 3 of, and 
tho Piret Schcdule to, tho Tamil Nadu (Transferrod Territory) 
Extension of Laws Act. 1060 (Tamil Xndu Act 23 of 3901)), which 
carno into force on the Jut April 1981 rcpcaling the cor~.osponding 
law in t$at tcrrritory. 
Thin expressio;, was substituted for the oxpression " Prwi. 
denoy of Madras by tlio Tamil Nedu Adaptation of Lawe 
Order, 1970, which was deemed to havo coma into foroo on the 
14th January 1960 
3 ', &, '\ 
P 1890 : T.N. Act 111 Canals and 'Public Terries 40 7 
I 
2. [Repeal.] Rep., by the Repealing and Amending 
Act, 1901 (Central Act XI of 1901). 
3. In this Act " vessol "  include^ any ahip, Large, Dofijlitioln. 
boat, raft, timber, bamboos or flocting materi~ls 
propelled in any manner : 
" channel " inoludes any waterway, whether 
natural or criificisl : 
" line of navigation " lileans any ni,vigsble 
channel, or :,cries of aonneoted navigable ck~nnels : 
" cc,nitl" mews a line of nlbvigtitiun dcclr,rad to 
bo :,ubjcct to the provision:; of th:, Act : 
" ferry " mews r, pl: ce nt which goocl.,. : ~iii~~;cl:, 
or piissengcrs arc con3l:ycd t.cro:s i, h; ,lui(hl Gy meailfi 
of vcssc4s : ,.ein, 
bhereto ' 
I' public fcr1.y $ n fcmy declared to bc subject 
to tho proviajh any vbtionc.; 9 to 18 of this Aot]. 
' 9 of any 4. The '[~tatc clo.-t,]nmont] may, by nolifi~ation 
in the '[Offickl Gnzotto], dcclare any line of navi- to any lirle 
@tion to be :;ubject to tho provisions of this Act from of riel iga- 
a date to bo named in such notification, snd may in tion& 
like m?nner ci\ncel or modify any snch notification. 
'[5. All vcasols 11~;ing a c;nn;il shidl bo eithur v"ssels to bo registered 01 
licensed or segihterc-d a:, the '[St;cte Govornmc:nt] may lic,sc,l 
dire& :] directed by 
-- .I - Government 
1 These words anJ figures wero substituted for the words " this 
Act " by section 2 of the Canals and Public Ferries (Amendment) 
Act, 1941 (Madras Act XX of 1941). This Act was permanently 
re-onacted by section 2 of, and the Birst Schedule to, the Tamil 
Nadu Re-cneciod and Rcpnling (No. I) Act, 1948 (Tamil Ndu 
Act VII of 1948). 
a Tho words " Provincial Government " woro substituted for 
the words " Go\rernor in Cou~lcil " ty the Adaptation Order of 
1937 and tho word "Btato " wns substituted for " Provincial" by 
tho Adaptation Ordor of 1080. 
1 These words were substituted for the words '' ll'ort St. George 
OIOzeOe " by the Adaptntior, Order of 1937. 
'This section wan substituted by Madras Act II of 189s. 
section 1. 
408 Canals and Public Ferries [I890 : T.N. A.t.11 
'[Provided that the 2[State Government] m%y 
exempt from the operation of this section all 01, any 
vessels or clmses of vessels using a canal or portion 
of a canal.] 
6. The '[State Governmentlmay from time to  tin:^-- 
Power to 
fix fees end (a) fix rates of fees payable for the licensing or 
of registration of vesseIs ; and to eatablbh 
toll-stations. (b) establish stations at which tolls shall be levied 
on vessels passing along a ccnal or on pssseng~rs, 
vehicles, animrll:, or goods landed therefrom, and 
fix the r~,tes of suci tolls ; 
(c) fix few for the use of publio landing places, 
wl~arves, piom, jetties, dockri, b Gns, lie-byes, sidings, 
sheds or ware-houses provkled for tho aooommodation 
of vessel*; using a canal or of goods or passtngers 
carried or to be oarried thereon and for demurrage 
on vessols or goocls detained therein. 
A notification of such tolls or fees under claufiea 
(b) ~nd (c) of this section shall be exhibited to public 
view in Xngiiah and in the vernacular 1a.nguage of the 
district at the place8 where such tolls or fees are 
leviable. 
Power of 7. Any person duly empowerecl by 3[the State 
p.raon duly Government] in this behalf may- authorized to 
impone (i) suspend or cancel the licencc or registration 
punishment of any vessel in case of brenoh of any oondition tlloreof, for bremh I$ 
oondition of or in lieu of such suspension or csncell:l.tion or of 
lioence and proseoution may recover from the perhon in charge " with of the vessel a penalty not exceeding five rupees for any obetruo- 
tion or with each such breach ; 
navign:ion in 
contravention (ii) remove fi*om the canal any vemel which may 
of  at. be sunk or abandoned therein, and may rccovor : ny 
expense incurred in so doing by the ~alc of t,hc: vo ,sol; 
- 
1 Thi.; prnvi-o was added to u.6 by s.? of Madras Act, V of 1914. 
8 The words "Provinc~al Governmalt" were substitut, d for 
words "Gov rnor in Counc~l" by th Adaptation Order of 1937 
fin,. ths word ''Statr>" waq s~thstituted for *'Provinci 1" I,y thr 
JdapLation Otdcr of 1950. 
8 Th words '>th Provincin' Gov I rlmrnt" wcrcL nb'tit ut c d for 
tho w.wd ~~overnnlent" by tho Adap: f ion Oldnr of 1937 and 
thl word "Stat *" wi~, wrrbstitut d for ~'Pro~rillciol" by th- Adapta- 
tfl(,n Order of 1960 
1890 : T.N. Aot 11] Canals and Public Perrz'e~ 
a vessel left for more than three days without a 
coiupetent person in charge shall be held to be 
abandoned ; 
(iii) in case of emergency remove any other 
obstruction, or contrivance for fishing, or other thing 
which is an impediment to navigation, or in other cases 
serve notice upon the owner, if any, bo remove anF 
such thing within a reasonable time to be stated in 
the notice, failing which he may remove it himself. 
Expensesincuhed under this clause ahall bc recoverable 
from the owner : Provided always that, in cases of 
interference with private rights reasonable compen- 
sation shall be payable ; 
(iv) prohibit the construction of any contrivance 
for fishing or for any other purpose in the canal 'or 
any erection therein or on a tow-path or other land 
appurtenant thereto ; 
(v) stop any vessel navigating the canal in 
contravention of any of the provisions of this Act or 
of any rule made or any condition of licence or registra- 
tion prescribed thereunder, and may detain it until 
the same is complied with or until penalty has been 
paid or recovered under clause (i) of this oection or 
until the offence, if any, has been inquired into and 
disposed of. 
Powers under this section may be conferred either 
by name or in virtue of an office. 
' [7-A. (1) The a(State) Government may, by Power todeclare 
notification in the Fort St. George Gazette, that ferrirn not being public declare that any ferry, not being a public ferry, shall ferrir.s hr 
be subject to any rules made by them under this subject to rule1 
section for the purpose of securing the safety of ~,,~~~g 
passengers conveyed across the ferry. pascaongera . 
1 This srclion wa-. instrtt d by sectiori 3 r,f thc Csnab and 
Public Fcrri-s (hmendmont) Aot, 1941 (Madras Act XX of 1941). 
This Act wa; permanently re-emled by section 2 of, end the First 
Sch dule to, t11 Tamil Nadu Rct-cnactinc and Rrp~aling (No. I) 
Act, 1948 (Tamil Nadu Act V]CI of 1948). 
2 Thin word was substituted for tho word "Provincial" by the 
Adeptation Ordor of 1960.. 
410. Canals and Public Ferries [I890 : T.N. Act I1 
(2) In particular and without prejudice to the 
generality of the foregoing power, such rules may 
provide for- 
(i) the typos of veasels that may be used for 
conveying passengers across the ferry ; and 
(ii) the number of passengers that ma7 be 
so conveyed on vessels of each such type.] 
pow> to 8. The [State Government] may, by notification 
Act to any ferry in the 2[Official Gazette], declare any forry to be 
definp subject to the provisions of 3[sections 9 to 18 of this limi~s of ferry. Act] from a date to be named in such notification, 
and may define the limits of such ferry. The l[State 
Govornmout] may, in like manner, cancel or lnodify 
ally such notification. 
up1)11 .~UCI; 9. From such date all proviously existing rights 
s?plic.tion xi- of ferry within the limits defined in the notification 
sting rights of shall cease and determine and it shall be unlawful ft try to c a, . for any person riot duly authorized to convey gooda, 
animals or passengers by means of vessels across a 
channel within such limits while such notification ia 
Proviso. in force: Provided that, when rights of ferry are 
extinguished under this section, compensation shall 
be payable for such extinction and shall be assessed 
as near as may be under any law for the time being in 
force relating to the acquisition of land for public 
purposes. 
pro- 4[1O. (1) The5[State] Government may- vide for mana- 
gem1 ntof forrics (a) provide for tho management of any publio and fix fens and ferry 
rates of tolls. 9 
- 
1 The words I' Provincicrl Government" were substituted for 
the words uaovcrnor in,Council'' by the Adaptation Order of 1937 
and the word " St~l o waq subst; tutod for " Provincial " by 
the Adaptation Order of 1960. 
2 Thesn words wore suhatituted for the words "Fort St. George 
Gazette " by the Adaptation Order of 1037. 
a Ths-sr word< and Ag~lrcs wcrc sub*tituted for 1111 wordy "this 
Act," by svction 4 of th- Cands nnd l'ul>llc F*-rl.it s (Amtndn~t ntj 
Act, 19.1 I (Madras Act XX of 1941). This Act wns p..rma~inntly 
re-onac'c d by section 2 of, alld thr Firkt Sch dult- lo, 1h.s Tanlil 
Nadu Re-enacting and Repealing (No. I) Act, 1848 (Tamil Nadu 
Act VII of 1918). 
4 This r:,%ottion waq fiubstitutrd for thc original 81 ction 1Q by 
section 2 of thr Canals and Public Frrric s (Amtmd mc nt) ACL, 
1930 (la.llil Xadu AcL VII of 1939). 
5 This word WAS subqtitutc d for tho word "Provinci~l" by the 
Adaptetio 1 Order of 1950. 
1890 : T. N. Act II] Canals and Public Ferries 
(b) authorize any person to convey passengers, 
animals, vehicles or goods across a channel by means 
of' vessels at anyJ , lic ferry, or 4 
(c) assign the management of any public ferry 
to a llocal board or municipal counoil. 
(2) All vossela usod by a person authorized under 
clause (b) of sub-section (1) shall be licensed, and the 
'[Stmto] Government may fix the fees payable for 
snch licence. 
(3) In the cases referred to in clauses (a) and (b) 
of sub-section (I), the 2[State] Government may levy 
toils at such rates as they may fix upon passengers, 
a~rnju~ais, vel~jcles and goods convc=ycd across the ferry. 
(4) Where under clause (c) of sub-section (I), 
tho miliiagement of a public fcrry is assigned to 
a llocal board or municipal council, the llocal board 
or municipal council may levy tolls upon passengers, 
animals, vehieles and goods conveyed across the 
ferry at suoh rates as it may, subject to the control 
of the e[State] Government, fix. S[The net revenues 
derived from the management of the ferry shall be 
distributed between the authorities (including the 
State Government) maintaining approach roads at 
either end of the ferry, in such proportions and subject 
to such conditions as the Skate Government may, 
from time to time, by notification, direct.] 
(5) A notice in English and in the language of 
tho di~trict specifying tho tolls leviable at a ferv 
under sub-aoction (3) or sub-section (4), as the case 
may bo, shall bo exhibitcd to public view on eacb 
~ido of tho ferry.] 
- -- -- -- 
I Now panchnynt union cou.1-il or pnnchayat. 
This wold* as subqtitu'ed for the word "Provincial" by 
tho Adaptation Order crf lflS0. 
Thi~ sentence was substpitutril frrr the original sentonre by 
sectio : 5 of the Tamil Nadu Csna'~ and Public? Ferrie3 (AmnnJ. 
ment) Act, 1956 (Tamil Nadu Act I of 1956), which *hall bs 
doem( (1 to have come into force on i 110 6th November 1947. 
Power to 
assign manage 
men6 of 
08nal to 
district botlvd 
or municipal 
council. 
Power to 
appoint 
persons to 
oollect tolls 
or fees lrncl to 
lease out 
collection 
thereof. 
Procedure in 
case of non- 
payment of 
toll. 'to., on 
dernattd. 
Canals and Public P5rries 11890 ; T.N. Act I1 
11. The management of any canal l[ . . .] 
may, by order of the 2[State Government], be assigned 
to a *local board or municipal council 8[ . . ] 
which shall exercise all the powers stated in section 7, 
and may, subject to the control of 4[the State Govern- 
ment], confer suoh powers on its servants. All 
persons duly empowered under section 7 shall be Cantre1 deemed to be public servants within the meaning of Act 
the Indian Penal Code. XLV of 
1860. 
12. The =[8tate Government] or the managing 
authority shall appoint persons to colleot tolls or 
fees payable under this Act. The collection of suoh 
tolls or of fees other than licence-fees may, under 
such conditions as the 2[St~to Government] may from 
time to time prescribe, be leased out and in such 
oase the lesseo and his agents and servailts shall be 
deemed to be so appointed. 
13. In case any tolls, fees other then licence-fees 
or penalties payable vnder this Act are not paid when 
demanded by a person duly appointed or empowered 
to collect or impose the same, such person may seiza 
any vessel, goods, vehicles or animals i11 respect of 
which s ~ch toll, fee or penalty is payable or anything 
in the possession of ct passenger or person who is liable 
to such toll, fee or penalty, and any person empowered 
by 4[the State Govemmont] or the managing authority 
in this behalf ma) sell the same by auction after fifteen 
days' public notice of the sale if such toll, fee or penalty 
is still unpaid. After deduotion of such toll, fee or 
--. 
1 The wards ''or public ferry" wero omitted by section 3 of 
the Canals and Public Ferries (Amendment) .4ct, 1939 (Tamil 
Nadu Act VII of 1930). 
5 The words '6 Provincial Government " wore substituted for 
the words '' Governor in Council " by tho Adaptation Ordor of 
1937 and tho word " Stato" wa3 substituted for "Provincial " by 
the Adaptation Order of 1950. 
a The words " ortd thoreupon in every rru:h case tho revenue 
accruing therefrom shnll be croditad to the funds of such 
managing nlxthority " were omittod by the Adaptutioll Order 
of 1937. 
4 Tho words " the Provinc?ial Govolnment" were substituted 
for the word ' Government " by the Adaptation Order of 1937 
and the word ' State" war substituted for '*Provincialw by the 
Adaptation Order of 1950. 
* Now panohayat union council or panchay~t. 
1890 : T.N. Act 11] Cad ad Public Perries 413 
penalty and of the expenses of sale, the surplus proceeds, 
if any, shall be paid to the person from whose possession 
the thing sold was taken. 
14. All canal and ferry rents and expenses incurred what paymcnte 
under section 7 may be recovered by the Collector of may be re- 
the district in like manner as if they were arrears oovtrtd as 
errcars of 
of land-revenue : revenue. 
l[Provided that any ferry rent due to a alocal 
board or municipal council shell be recovered as if 
the same were a tax due to the elocal board or muni- 
cipal council.] 
IS. All licenoes granted and registrations effected Form, E~o., of 
under this Act shall be in such form, shall be validlioences and 
for a voyage or for such time, and shall contain, or regi~trations. 
be subject to, such conditions as the a[State Govern- 
ment] may from time to time direct. 
Power to make 
16. The S[State Government] may make rules in rules. 
respect of any canal or public ferry for all or any of 
the following purposes :- 
(i) declaring the powers to be exercised by any 
person employed under this Act ; 
(ii) providing for the grant of Iicences, for the 
inspection of licensed vessels, and fur their main- 
tenance in good condition ; 
(iii) regulating the dimensions of free board of 
vessels using any canal or public ferry, Che equipment 
of the same, and the number of passengers and the 
nature and quantity of cargo to be carried therein; 
-. .- 
1 Thie proviso wee added by section 4 of the Canals ad 
Publio Ferries (Amendment) 1939 (Tamil Nadu Act VII of 
1939). 
1 Now pancheyat union council or panchayat. 
a The words WProvimial Go;:mment " were subetituted for 
the words " Governor in Council by the Adaptation Order c$ 
1937 and the word " St8M" wae eubstituted for "Provincial 
by the Adaptation Order of 19q. 
4 14 Cawh and Public Serries [I890 : T.N. Act I1 
(iv) regulating the speed at which vessels shall 
be moved, the passiilg of vessels, the lights to be 
exhibited by vessels niovillg or at anchor, the working 
af looks, the mooring of voesels, and the use of landing 
places, wharves, piers, jetties, docks, basins, lie- 
byes, sidings, sheds or warehouses ; 
(v) the disposal of vessels or other thingo oon- 
fiscrzted or seixed under this Act ; 
(vi) for the convenience of passengers ; and 
a 
generally for the purpose of this Act. 
Pcnalty for 
breaoh of 
rule. , 17. Any person who breaks any rule made under thin 
Aot shall be punishable on conviction by a Criminal 
Court with fine not exceeding fifty rupees in oase 
of a single offence end, in case of a continuing offence, 
not exceeding ten rupees for every day during which 
ruoh offence continues. If the offence is such as to 
endanger human life, the punishment may extend 
to imprisonment of either description for one year or 
to fine of five hundred rupees, or both. 
Penalty for 
navigating a 
CSml or 
08tcrblishing or 18. Any person navigating a wnal or establishing 
working a ferry or working a ferry in contravention of seotion 6; 
in oontraven- 117-A] or 9 of this Act shall be liable on oonviotion 
lion of before a Criminal Couh to fine not er~eeding five I, 7-A or 9. 
hundred rupees. IS 
P~WI~Y for 19. Any peraon who refume or evdes payment of 
my toll or fee payable under this Act, or without due er fee and for 
uasuthorized authority levies any toll or fee under colour of this 
levy of toll, ctc. Aot, or, being empowered to collect tolls or fees 
under this Act, oolleots or receives any sum in excess 
of the lawful due, shall on conviction by a Criminal 
---. ----- - 
1 The figure and letter '"?-A1' were inserted by section 6 of the Canals and Public Ferries (Amendment) Act, 1941 (M&$r3 
Act XX of 1941). TJ& Act was pennenenily re-e~sc'ted by swtioq 
2 of, and the First Schedule to, the Tamil Nedu Raenecting and 
Repealing (No. I) Act, 1948 (Tamil Nsdu Act VII of 1948). 
1890 : T.N. Act II] Canals and Public Femies 41 6 
Court be punishable with imprisonment of either 
description not exceeding one month, or with fine 
rlot exceeding one hundred rupees, or with both. 
20. On conviction had of any offence under this pow,, of Court 
Act, the Court may order that any vessel or other to ordw 
thing used in the commission of such offence ahall beoonfisca*;on. 
oonfiscated. 
l[21. Tho '(State Government) may delegate a!l 
or any of r(their) powers under sections 6, 10, 11,12, 
13 and 16 to any officter not below the rank of Diatrici 
Collector or Superintending Engineer.] 
- ----- .-. 
1 Section 21 was added by Tamil Nedu Act VIII of 1914. 
3 The words " Provinoial Uovynment " were substituted for 
the words " Governor in Council by the Adaptation Order 0; 
1937 and the word " Slate" waa #ubsMtuted For -' Provinoinl 
by the Adaptation Order of 1960. , , 4 
a This word was ~ubrtituted for the word l'his'a by the 
Adeptation Order of 1937. 
766 Cctrtnl.~ ilrrd A,h!ic Ferries [I939 : T.N. Act VII 
(Anlwt(Intent) 
'[TAMIL NADU] ACT No. VII OF 1939*. 
[THE CANALS AND PUBLIC FERRIES (AMENDMENT) 
ACT, 1939.1 
(Received tlre assent of the Governor orz the 20tlt Xurclr 
1939 ; fist pttblislted in the Fort St. George 
Gnzerte on tile 21~t Mc~rcl~ 1939.) 
.b Act further to amend the Canals and Public Fer- 
ries Act, 1890 for certaio purposes. 
WHEREAS it is expedient further to atnend the Canals 
and Public Ferries Act, 18903, for the purposes herein- '[Tamil 
after appearing ; It is hereby enacted as follows :-- zffl; 
short tit1 1. (I) This Act may be called the Canals and Public and com- 
mencement. Ferries (Ameltdment) Act, 1939. 
(2) It sluill ~0111~2 illto fat-ce on the firbt day of 
Al,i.il 1939. 
Provision b~r 5. All lolls lcvied immcl.'iately bel'orc the conl- 
the continu- ance of [ncncement of this Act at any public ferry the manage- 
existing nlent of which has been assigned to n local board or 
toll<. n~uuicipal council, shall be deemed to have been 
Icvied, with efl'ect from SLIC~ commencemc~lt by tltc 
local boat d or municipal council concerned under 
stlb-section (4) of section 10 of thc said Act ns ' 
;I ~ncnded by this Act. 
- - ---- - - . - --- 
I rliese words were substituted for the word "Madras" by In! 
'rati~il Nitdu Adaptallonof Laws Orccer, 1969,asamended by thcTarui 
N.ufu Athptatiot~ckf Laws (Sewnd A~nendlnent) Order, 1969. 
F,r Statctiic~~t of Objects and Reasons, see Fort St. George Gazeire, 
tlatc'd the 3 1st January 1939-Part IV, pages 20-21. 
Now the Tamil NaJu Canals and Public Ferries Act, 1890 (Tarn;; 
N;~du Act 11 of 1890). 
4 Bections 2 to 4 were repealed by section2of,and the Fir8tSchcdul.- 
to, the Tarnil Nadu Kcpcnling ant1 Atnending Act, 1951 (Tamil NaJu 
Act XIVof 1'951). 
.I, 

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