LexThe Telangana Ferries Act, 1314 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA FERRIES ACT, 1314 F.
(ACT NO. II OF 1314 F.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Definitions.
3. Powers of Government regarding Government
ferries.
4. Inquires as to compensation in case of private ferry
being taken over by Government.
5. Management of Government ferry shall be
entrusted to collector.
6. Assignment of management of public ferry to local
authority.
7. Leasing out tolls.
8. Amount may be recovered from lessee and his
surety under Government Demands Act.
9. Cancellation of lease.
10. Surrender of lease by lessee.
11. Power of Government to make rules.
12. No private boat shall be plied within two miles of
Government ferry without sanction.
13. Tolls.
14. Table of tolls.
15. Duty of lessee regarding submission of returns
required.
16. Application of amounts realised.
17. Rate for use of Government ferry for definite period.
2 [Act No. II of 1314 F.]
PRIVATE FERRIES.
18. Power to make rules.
19. Tolls.
PENALTIES AND PROCEDURE.
20. Penalty for breach of provisions as to table of toll
and preparation of returns.
21. Penalty for collecting in excess of prescribed toll or
detaining passengers, etc.
22. Penalty for breach of rules made under section 11
or 18.
23. Lease may be cancelled in case of breach of rules.
24. Penalty to passengers offending.
25. Penalty for maintaining private ferry within
prohibited limits.
26. Amount of fine may be paid to lessee.
27. Penalty for negligent plying of boat.
28. Power to arrest without warrant.
29. Power of summary trial.
30. (1) Magistrate to assess damage caused by
offender.
(2) Appeal.
MISCELLANEOUS PROVISIONS.
31. Collector may take possession of boats etc., on
surrender of lease by lessee or on cancellation of
lease.
32. Power to take possession of boats etc., in case of
emergency.
33. Suit shall not be cognizable by Civil Court.
THE TELANGANA FERRIES ACT, 1314 F.1
ACT No.II OF 1314 F.
1. This Act may be called 2[the Telangana Ferries Act,
1314 F. ], and it shall come into force from the 1st day of
Azur, 1315 Fasli.
2. For the purposes of this Act, the word “ferries” includes
boats and quays and the word “ boat” includes vessels,
tokras, pontoons, rafts and sangars.
3. The 3[Government] may by notification,-
(a) declare the ferries which shall be deemed
Government ferries and the district in which, for the
purposes of this Act, they shall be deemed to be situate;
(b) take possession of any private ferry and declare it
to be Government ferry;
(c) establish new Government ferries wherever needed;
(d) determine the limits of any Government ferry;
(e) alter the course of any Government ferry;
(f) discontinue any Government ferry which is not
needed:
1. The Andhra Pradesh (Telangana Area) Ferries Act, 1314 F. in force in
the combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Tela ngana Adaptation of Laws
(No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted for the words “Sarkari -i-Aali” by the Andhra Pradesh
Adaptation of Laws Order, 1957 (A.P.A.O. 1957).
Definitions.
Powers of
Government
regarding
Government
ferries.
Short title and
commencement.
2 [Act No.II of 1314 F.]
Provided that when an alteration is necessary in the
course or in the limits of a Government ferry by reason of
the diversion of a river or brooke, the 4[collector] of the
district in which the ferry is situate or other officer whom the
5[Government] may a ppoint may, by an order in writing,
make such alteration.
4. When a private ferry is declared to be a Government
ferry under clause (b) of section 3, and any person claims
compensation in respect thereof, the 4[Collector] of the
district in which such ferry is situate shall inquire into the
claim and submit his repo rt through the 6[Secretary, Local
Administration Department] for order of the 5[Government].
5. The superinte ndence of every Government ferry shall
be entrusted to the 4[Collector] or to such officer as the
5[Government] may appoint in this behalf; and the
4[Collector] or the said officer shall supply all the material
necessary for the management of the ferry and shall be
responsible for the collection of the authorised t olls thereat,
except that the management in respect of the tolls at such
ferry has been made under section 6 or section 7.
7[6. The Government may assign the management of any
public ferry to the local authority within the limits of whose
jurisdiction such ferry is wholly or partly situated, and may
further direct that the whole or part of the proceeds accruing
therefrom be paid into the fund of the concerned local
authority; and thereupon suc h ferry shall be managed and
such proceeds or part thereof shall be paid accordingly.]
4. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
5. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
6. Substituted for the words “Subedar -e-Simt” (Subedar of the division)
by A.P.A.O. 1957.
7. Substituted for section 6 by A.P.A.O. 1957.
Inquires as to
compensation in
case of private
ferry being taken
over by
Government.
Management of
Government ferry
shall be entrusted
to 4[collector].
Assignment of
management of
public ferry to
local authority.
[Act No.II of 1314 F.] 3
7. The lease to collect any toll at a Government ferry may
be auctioned by such officer as may be appointed by the
Government for this purpose.
The lessee shall follow the rules made under this Act
for the management of such ferry.
The lessee shall also have to furnish, within the time
fixed, such security for the payment of amount as the officer
appointed by the Government to auction the lease may
deem fit.
8. The amount recoverable from a lessee or his surety
may be r ecovered under the 8Government De mands Act
No.IV of 1308 F.
9. (1) The 9[Government] may cancel the lease after
giving three months previous notice to the lessee.
When any lease is cancelled unde r sub-section (1), the
10[Collector] shall, after inquiry, submit a report as to the
amount of compensation to be paid to t he lessee; and the
9[Government] may pass proper orders thereon.
10. The lessee may surrender the lease after giving at least
one mont h’s previous notice in writing and on payment of
such compensation as the 10[Collector] may propose with
the approval of the 11[Secretary, Local Administration
Department] (in case the auction be for one year) or with
8. Repealed by A.P. Act VI of 1959.
9. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
10. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
11. Substituted for the words “Subedar -e-Simt” (Subedar of the division)
by A.P.A.O. 1957.
Leasing out tolls.
Amount may be
recovered from
lessee and his
surety under
Government
Demands Act.
Cancellation of
lease.
Surrender of lease
by lessee.
4 [Act No.II of 1314 F.]
that of the 12[Government] (in case the auction be for a
period of more than one year).
11. The 12[Government] may make rules for the following
matters:-
(a) the management of Government ferries and the
traffic thereat;
(b) the manner for the auction of a lease to collect toll
at a Government ferry, the time for the auction of lease, the
period of a lease and the terms thereof and the persons by
whom the officer appointed for auctioning the lease shall
cause the proceeding of the auction completed;
(c) when a ferry is discontinued, for awarding
compensation to persons who h ave already paid the
amount for the use of such ferry for a fixed period and the
period has not expired;
(d) generally to carry out the purposes of this Act; and
when a lease has been given under section 7, rules may
also be made for the following matters;
(e) for the payment of instalments recoverable from the
lessee;
(f) in cases in which the traffic is by boats,-
(1) for regulating the number, kind, dimensions and
equipments of the boats;
(2) for the number of sailors to be kept by the lessee
on each boat;
12. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
Power of
Government to
make rules.
[Act No.II of 1314 F.] 5
(3) for the maintenance of the boats continually in a
good condition;
(4) for the hours during which the lessee shall ply the
boats;
(5) for the number of passengers, animals and
vehicles, and the bulk, and weight of other things which may
be sent in the boat in view of its kind.
12. (1) No person shall establish a private ferry within two
miles from the limits of any Government ferry, without the
sanction of the 13[Collector] or the officer appointed by the
14[Government] for this purpose under sections 5.
(2) The 14[Government] may, by notification, reduce or
increase the distance of two miles mentioned in sub -section
(1), for any specific ferry.
(3) Sub-section (1) shall apply to the following cases:–
(a) boats which are not plied on hire,
(b) boats which the 14[Government] may exempt from
the provisions of this section,
(c) the traffic between two places, the distanc e
between which is not less than three miles and one of which
is situate within and the other beyond two miles of the limits
of a Government ferry.
13. Toll, according to the rate as is fixed by the
14[Government] shall be le vied on every man, animal,
vehicle or any other thing crossing any Government ferry:
13. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
14. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
No private boat
shall be plied
within two miles of
Government ferry
without sanction.
Tolls.
6 [Act No.II of 1314 F.]
Provided that-
(1) when any man, animal, vehicle or other thing
crosses for the Government purposes, no toll shall be
collected thereon;
(2) the 15[Government] may declare any man, animal,
vehicle or other thing to be exempt from toll;
(3) where after leasing out tolls under section 7, the
15[Government] declare any man, animal, vehicle or o ther
thing to be exempt from the toll, the lessee shall be entitled
to rebate of such compensation, as may be awarded by the
16[Collector] or any other officer whom the 15[Government]
may appoint for this work.
14. The lessee or the person authorized to collect toll at
any Government ferry shall,-
(1) keep affixed at some conspicuous place near the
ferry, a table of the prescribed tolls printed or legibly written
17[XXX] in the language spoken in the district;
(2) produce on demand the table of the prescribed tolls
bearing the signature of the 16[Collector] or any other
authorised officer.
15. The lessee shall prepare and subm it the statements
regarding the trans it and tolls as required by the
16[Collector] or other authorised person.
15. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
16. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
17. The words “in Urdu and” were omitted by the A.P.A.O. 1957.
Table of tolls.
Duty of lessee
regarding
submission of
returns required.
[Act No.II of 1314 F.] 7
16. 18[(a) Subject to the provision of section 6 the amounts
realised in accordance with this Act in respect of toll, lease,
compensation or fine shall be applied in carrying out the
purposes of this Act;
(b) The surplus, if any, may be applied to such works
as the 19[Government] may direct and are suited for the
amenity and welfare of the people.]
17. The 19[Government] may prescribe a special rate of toll
which when once paid shall entitle any person to use a
Government ferry for fixed period.
PRIVATE FERRIES.
18. The 19[Government] may make rules for the
maintenance of order and for the safety of passenger s and
property at ferries which are not Government ferries.
19. The tolls collected at such ferries shaIl not exceed the
rate fixed for Government ferries under section 13.
PENALTIES AND PROCEDURE.
20. (1) If a lessee or other person authorised to collect the
tolls of a Government ferry,-
(a) neglects to affix the table of the prescribed tolls
mentioned in section 14; or
(b) wilfuIly removes such table or makes any
alteration therein or defaces it or aIlows it to become
illegible; or
18. As amended in accordance with clause (b) of section 159 of the
Hyderabad District Boards Act No.III of 1352 F.
19. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
Application of
amounts realised.
Rate for use of
Government ferry
for define period.
Power to make
rules.
Tolls.
Penalty for breach
of provisions as to
table of toll and
preparation of
returns.
8 [Act No.II of 1314 F.]
(c) does not produce, on demand, the tab le bearing
signature as mentioned in section 14
he shall be liable to fine which may extend to fifty rupees.
(2) If a lessee neglects to furnish any return required
under section 15, he shaIl be liable to fine which may extend
to fifty rupees.
21. If a lessee or any person authorised to collect toll or a
person in possession of a private ferry demands or collects
a toll in excess of the prescribed toll or without any sufficient
cause detains any man, animal, vehicle or other thing, he
shall be liable to a fine which may extend to one hundred
rupees.
22. If any person breaks any rule made under section 11 or
section 18, he shall be punished with imprisonment for a
term which may extend to two months or with fine which
may extend to two hundred rupees, or with both.
23. When any lessee makes default in the payment of the
amount of the lease, or has been convicted under section
22, or having been sentenced under section 20 or section
21, is again convicted of any offence mentioned in the said
sections, the 20[Collector] may, with the sanction of the
21[Secretary, Local Administration Department] (in case the
auction be for one year), or w ith that of the 22[Government],
(in case the auction be for a period of more than one year),
cancel the lease and make any other suitable arrangement
for the remaining period of the lease.
20. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
21. Substituted for the words “Subedar -e-Simt” (Subedar of the division)
by A.P.A.O. 1957.
22. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
Penalty for
collecting in
excess of
prescribed toll or
detaining
passengers, etc.
Penalty for breach
of rules made
under section 11
or 18.
Lease may be
cancelled in case
of breach of rules.
[Act No.II of 1314 F.] 9
24. Any person,-
(1) who refuses to pay toll after making use of a
Government ferry shall be liable to a fine which may extend
to twenty-five rupees;
(2) who, with intent to evade payment of toll
fraudulently or forcibly uses any Government ferry without
paying the toll; or
who obstructs any toll collector, lessee of a
Government ferry or any of his clerks, while he is
discharging his duties under this Act
shall be liable to a fine which may extend to fifty
rupees;
(3) who on being prohibited by a toll -collector, lessee
or any of the clerks of a Government ferry takes any animal,
vehicle, or other thing or himself goes by any boat, which is
in such a state or specially loaded as to endanger human
life and property; or
who on being requested by a toll -collector, lessee or
any of his clerks refuses or neglects to remove any animal,
vehicle or other thing from such boat or to alight therefrom
shall be liable to a fine which may extend to one
hundred rupees.
25. Any person who establishes a ferry in contravention of
the provisions of section 12, shall be liable to a fine which
may extend to three hundred rupees, and if he maintains it
on being sentenced shall be liable to a further fine which
may extend to one hundred rupees for every day.
Penalty to
passengers
offending.
Penalty for
maintaining
private ferry within
prohibited limits.
10 [Act No.II of 1314 F.]
26. When any Government ferry has been leased out in
accordance with the provision contained in the above
sections, any portion not exceeding two thirds of the
amount of fine realised under section 24 or 25 ma y,
notwithstanding the provision s of section 16, be at the
discretion of the Magistrate paid to the lessee.
27. Any person wh en plies, draws to a siding or fastens
boat so negligen tly or careless ly as to damage any
Government ferry, shall be punishable with imprisonment for
a term which may extend to three months, or with a fine
which may extend to three hundred rupees, or with both;
and the toll -collector, lessee or his clerk may d etain such
boat pending the enquiry and determination of damage
mentioned hereinafter.
28. The police may arrest without warrant any person
committing any offence mentione d in section 24 or section
27.
29. Any Magistrate having power for summary trial may try
and determine summarily any offence mentioned in this Act.
30. (1) A Magistrate trying any offence mentioned in this
Act may also determine the compensation for damage
caused by an offender to the Government ferry and may in
addition to the fine imposed on him under this Act, also
order for the payment of the amount of compensation,
which shall be recovered as fine and which, in case of an
offence mentioned in section 27, shall be realised by the
sale of the boat causing the damage or of anything
belonging to the offender and found on the boat.
(2) Any appeal agains t compensation ordered under
sub-section (1) shall lie in the same court in which the
appeal against sentence lies.
Amount of fine
may be paid to
lessee.
Penalty for
negligent plying of
boat.
Power to arrest
without warrant.
Power of
summary trial.
Magistrate to
assess damage
caused by
offender.
Appeal.
[Act No.II of 1314 F.] 11
MISCELLANEOUS PROVISIONS.
31. When a lessee surrenders the lease under section 10,
or his lease is cancelled under section 23, the 23[Collector]
may keep in use his boats and equipment of ferry, until all
necessary materials of ferry have been collected; in such a
case, such compensation as the 24[Government] may direct
shall be paid to the lessee.
32. When a boat or the equipments thereof or a ny other
material of a ferry are emergently required for transport of
any man, animal, vehicle or other thing on service of 25[XXX]
the Government, 23[Collector] may take possession and use
the same:
Provided that such compensation shall be paid for the
use thereof as the 24[Government] may in each case direct.
33. A suit instituted for the determination of the amount of
compensation or abatement of the lease -money when such
amount is payable under this Act shall not be cognizable by
any Civil Court.
* * *
23. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
24. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
25. The words “Aala Hazrat Bandagan -i-Aali Ya” (H.E .H. the Nizam or)
were omitted by the A.P.A.O. 1957.
Collector may
take possession
of boats etc., on
surrender of lease
by lessee or on
cancellation of
lease.
Power to
possession of
boats etc., in case
of emergency.
Suit shall not be
cognizable by
Civil Court.