Vidhi Codex

section 20

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The Bihar Ferryghat Settlement and Management Act, 2023
General202320 sections
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Statutory text
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  2. (3) zu ffm § wor Suda & Rama SwRT (1) Td SUaRT (2) @ SrfE var PRET dor Heed WERT We JfgH, 1897 (1897 HT 10) BI URI-6 B ARR A EF WR VW FRe! & wid & Ae Sudo & afd T8 eit STAT TH FIAT FRA ATE TE FAST SI | TY TE AA, WHR & Wea | 12 after 2023 Wo Telouilo—01-03 / 2023-2743 /dei— ER fur Heer gRT 2omiRa 3K #emiEs waurel gRT fie 10 afd, 2023 BT SP FIER AHrETC IRISRN UT yqua Aff, 2023 [ER aff os, 2023) FT fread sell ofa ER IwaUe & WReR § $e eR SeRE fa om @, RR aRdg we @ FFTs BTS (3) B ri Saw off F1 SEIS AT A wie we wwe SRM | fER-TwuTd & sew, FF AA, WHR B wed | fag Tote (3rmaRen), 12 afer 2023 7 [Bihar Act 08, 2023] The Bihar Ferryghat Settlement and Management Act, 2023 AN ACT Preamble- for settlement and management of the public ferryghats in the State of Bihar to ensure the devolution and delegation of powers to the authorities of rural and urban local bodies as vested in the local self-government institutions established under the Constitution as well as to streamline and regulate the public ferryghats. Be it enacted by the Bihar State Legislature in the Seventy-fourth Year of the Republic of India as follows.- Chapter I Preliminary 1. Short title, extent and commencement.—
  3. (1) This act may be called The Bihar Ferryghat Settlement and Management Act, 2023.
  4. (2) It shall extend to the whole of the State of Bihar.
  5. (3) It shall come into force on such date as notified by the State Government in the Official Gazette.
  6. (4) The provisions of this Act include collection of income from water bodies in rural and urban areas by the State Government or Local Authorities of the local bodies duly authorized by the State Government, as the case may be. 2. Definitions.-In this Act, unless the context otherwise requires.—
    • (a) "Additional Collector” means the Additional Collector of the District or any other officer notified by the Government to discharge any or all of the functions of the Additional Collector under this Act;
    • (b) “Boat” means a vehicle of vertical shape made of wood or metal or any other material, or a vehicle operated by human force, from one end of a water body to the other at a fixed place, carrying people, animals and to transport cattle and goods, materials, etc.
    • (c) “Ferryghat” means a ladder made of wood, brick, stone, iron, etc. to enter water bodies and implies the land along the banks of water bodies which is generally used by the people for bathing, religious rituals as per custom and washing as well as loading and unloading of people, animals and cattle, goods and materials, etc., by boat/ferry under the hold and control of the State Government;
    • (d) “Circle Officer” means an officer appointed as such by the Government or any other officer notified by the Government to discharge any or all of the functions of a Circle Officer under this Act;
    • (e) “Collector” means the Collector of the District;
    • (f) “Competent Authority” means any Collector/Additional Collector of the district and the local authority of the three-tier Panchayati Raj Institutions and Urban Local Bodies as defined under Article 243 and Article 243P of the Constitution;
    • (g) “Commissioner” means the Commissioner of the Revenue Division concerned;
    • (h) “District” means any revenue district notified as such by the State Government; 8 fag Tote (3rRremRen), 12 srsher 2023
      • (i) “Ferry” means the movement of people, animals and cattle as well as goods, materials, etc., by boat from one ghat of water bodies in the opposite direction to the designated place of another ghat.
    • (j) “Government” means the Government of Bihar;
    • (k) “Local Authority” includes the concerned rural bodies, under the three- tier Panchayat Raj Institution and urban bodies constituted respectively by the 73rd and 74th Amendments of the Constitution of India and Panchayats as defined in Article 243 of the Constitution and Municipalities as defined in Article 243P.
  7. (1) “Notification” means a notification published in the Official Gazette of the State Government and the expression “notified” shall be construed accordingly.
    • (m) "Prescribed" means prescribed by rules made under this Act;
    • (n) “Private Ferryghat” means a ghat other than a public ferryghat;
  8. (0) “Settlement Year” means the financial year for which settlement for ghats is made;
    • (p) “Water-Bodies” means rivers, lakes, ponds, pines, tanks, ahars, water channels, canals, chaurs, dams, manas, etc., under the hold and controll of the State Government.
    • (qQ) “Sub-Divisional Officer” means a Sub-Divisional Officer appointed by the Government or a Sub-Divisional Magistrate or any other officer notified by the Government to perform any or all of the functions of a Sub-Divisional Officer under this Act.
    • (r) "Transport Department” means the Department of Transport under the Government of Bihar.
    • (s) "Water Resources Department” means the Department of Water Resources under the Government of Bihar.
    • (t) “Revenue Officer” means an officer appointed as such by the Government or any other officer notified by the Government to discharge any or all of the functions of a Revenue Officer under this Act; Chapter-11 Public Ferryghats 3. Power to declare, establish, define and discontinue public ferryghats by the District Collector.—TIt shall be lawful and judicious for the District Collector to do, from time to time, the following:- (1)(a) To register and declare which ferryghat shall be deemed to be a public ferryghat and the district concerned in which they shall be deemed to be operated and located for the purposes of this Act;
    • (b) To take possession of a private ferryghat and declare it to be a public ferryghat;
    • (c) To declare temporary ferryghat, from time to time as per need, in the light of application received from the interested person/ organization.
    • (d) To establish a new public ferryghat where it is deemed necessary; (¢) To determine the limits of any public ferryghat;
    • (f) Diversion of any ferry
    • (g) To discontinue any public ferryghat which he considers necessary, and
    • (h) Inclusion of already operated and notified public ferryghats. fag Tote (3rmaRen), 12 afer 2023 9 2) Every such registration, declaration, establishment, definition, diversion and discontinuance under sub-section (1) shall be done by the Collector of the district with prior approval of the concerned authority empowered as such in the manner prescribed by the Government and shall be notified in the Official Gazette and shall be also uploaded on the website of the district 3) For the selection of a new site of a Public Ferryghat and for any type of permanent/ temporary construction at the site, no objection/clearance shall be obtained from the Water Resources Department of the Government as per the rule established. 4. Power of settlement, control and management of public ferryghats.— 1) The power of settlement, control and management of the public ferryghats shall vest in the Collector/Additional Collector/Local Authority in the manner as prescribed by the Government.
  9. (2) The power of settlement, control and management of inter-state and inter- district public ferryghats shall be vested in the Collector/Additional Collector of the district under the prescribed procedure delineated by the Government.
  10. (3) The registration, load capacity, timing of operation, etc. of the boat under ferry shall be regulated in the prescribed manner as laid down by the Transport Depatment of the Government.
  11. (4) For the safe operation of boat/ferries/ferryghat, guidelines may be issued by the Government from time to time, compliance of which shall be mandatory.
  12. (5) Plying, operation and control of boat/ferryghat shall be inspected by an officer, authorized by the Collector of the district, but not below the rank of the Revenue Officer.
  13. (6) In the circumstances of a disaster, operations from the Ferryghat may be discontinued, on the basis of instructions of the Water Resources Department.
  14. (7) In the event of the any possibility of adverse effect on the river ecology, embankment, structure, protection of anti-erosion work, flood protection, etc, in the course of operation of a ferryghat, the settlement/time schedule of operation of the ferrygthat, as deemed necessary, may be changed or stayed on the instructions of the Water Resources Department. Chapter-111 Toll 5. Collection of Toll —
  15. (1) Collection of toll from public ferries shall be done under the prescribed procedure laid down by the Government.
  16. (2) Toll, where public ferry is situated, at such rates, as may be fixed from time to time by the Collector of the district with the prior approval of the authority empowered by the Government, shall be levied on all persons, animals and cattle, vehicles as well as will be levied on goods and materials crossing over any water body by a boat or ferry, but shall not be charged on those employed and transmitted on public purpose. 10 fag Tote (3rRremRen), 12 srsher 2023 Provided that the Government may, from time to time, declare that any person, animal and cattle, vehicle or other goods and materials shall be exempted from payment of such tolls.
  17. (3) Toll Table.-For the levy and collection of tolls of any public ferryghats, it shall be mandatory to publish the table of tolls in the District Gazette under the prescribed manner delineated by the Government.
  18. (4) The table of tolls, as the case may be, the settlement holder or the local authority or any other person authorized by or the Collector, shall, clearly in written or printed form, exhibit such table of tolls in the vernacular Hindi language permanently near the conspicuous place of public ferryghaths and shall make available on the demand of passengers as and when required. Chapter-1V Private Ferries 6. Power to make rules in regard to private ferries.—
  19. (1) The Government may, from time to time, make rules consistent with this Act for the operation and control of private ferries for maintenance of order and for the safety of passengers and property.
  20. (2) The rules constituted and notified under sub-section (1) shall be published in the Official Gazette. Chapter-V Control of Ferry/Boat operations 7. Determination and implementation of registration, operation, load capacity and other safety instructions, etc. of the boat/ferry.—The determination and implementation of registration, operation, load capacity, life saving minimum safety device instruments, etc. of the boat/ferry under the public ferry as well as private ferry, shall be regulated by the provisions of the rules delineated by the Department of Transport of the Government, compliance of which shall be mandatory. Chapter-VI Remission in the settlement of Public Ferryghat. 8. Remission in public ferryghat settlement.—In case of any natural calamity or for any such other reasons, if there is a loss in the mid of the settlement year, the Government may make rules for the remission of the settled amount for a time period relating public ferryghat settled under section-4. Chapter-VII Deposit and utilization of revenue accrued from Public Ferryghats. 9. Deposit and use of revenue accrued from the settlement of public ferry ghats.—The revenue accrued from the settlement of public ferryghats shall be utilized and outlayed in the manner as prescribed by the Government. fag Tote (3rmaRen), 12 afer 2023 1 Chapter-VIIL Appeal and Revision. 10. Appeal and Revision relating to the settlement of public ferryghats.—
  21. (1) Appeal - Any settlement holder or a person aggrieved by any type of dispute arising out of lease settlement of public ferryghats by the competent authority, may file an appeal in the court of the concerned Sub-Divisional Officer. Provided that, in cases of such settlement, in which the Collector/Additional Collector is the competent authority subject to approval, an appeal shall be filed in the Court of the Commissioner of the Division.
  22. (2) Revision.—
    • (a) A revision petition instituted against the order passed by the Sub- Divisional Officer shall be filed in the Court of the Additional Collector/Collector of the district.
    • (b) A revision petition instituted against the order passed by the Additional Collector/Collector shall be filed in the Court of the Commissioner of the Division
    • (c) In cases, where an appeal has been filed in the Court of the Commissioner of the Division, a revision petition against the order so passed by the Commissioner shall be filed before the Board of Revenue. Chapter-1X Penalties in Public and Private Ferries 11. Penalties in public ferries for breach of provisions of rules and conditions of settlement prescribed by the Government.—
  23. (1) Every settlement holder or any other person authorized by him, if violates or neglects the rules and conditions of the settlement prescribed by the Government, punishment/fine shall be imposed by the District Collector or any other such officer authorized by him, in the manner prescribed and laid down by the Government from time to time.
  24. (2) Under sub-section (1) and section 7, violations of the rules and conditions laid down and prescribed by the Government for registration, operation, load capacity, safety instructions, etc. punishment/fine/ demurrage shall be imposed by the District Collector or any other such officer authorized by him, under the prescribed rules delineated by the Government from time to time.
  25. (3) Under sub-section (1) and (2), on being found guilty after such inquiry under the prescribed manner delineated by the Government from time to time, the concerned settlement holder/person authorized by the settlement holder shall be punishable with simple imprisonment for 03 (three) months or a maximum fine of 50,000 (fifty thousand) or cancellation of settlement or all of the above punishments can be imposed. 12. Penalty on fault of passengers in public ferry.—If any person crossing over a public ferry violates or neglects the rules laid down by the Government for the management and operation of the public ferry, then on being found guilty after such inquiry under the prescribed manner delineated by the Government from time to time, 01 (one) month simple 12 fag Tote (3rRremRen), 12 srsher 2023 imprisonment or a maximum fine of 5,000 (five thousand) or both the above penalties can be imposed by the Collector of the district or by any other such officer authorized by him. 13. Appeal to the Commissioner.—
  26. (1) Any person aggrieved by the order passed by the such officers authorized by the Collector of the district under section 11 and 12, may, within 30 (thirty) days from the date of the order, file an appeal to the Collector of the district.
  27. (2) Any person aggrieved by the order passed by the Collector of the district, under sub-section-(1), may file an appeal to the Commissioner of the Division within 30 (thirty) days. Chapter-X Miscellaneous 14. Stamp duty and fees.—In case of settlement by public auction as provided in section-4, the stamp duty and registration fee shall be levied in such agreement. 15. Recovery of outstanding settlement amount.—Action for recovery of any kind of arrears in the settlement of public ferryghats will be taken under the relevant provisions of the Public Demand Recovery under the procedure prescribed by the government. 16. Up-keep of list of public ferryghats.—
  28. (1) Every Circle Officer shall maintain a list of public ferryghats located within the jurisdiction of the Circle with the details of revenue village, ward, thana number, khesra number, etc., in the register specially designated for this purpose.
  29. (2) The Collector of the district shall also maintain the list of public ferryghats located in the district in such manner as described in sub- section (1).
  30. (3) The list of public ferryghats will also be published on the website of the Government. 17. Change of purpose not to be allowed. —
  31. (1) No change from the purpose or related purposes by the settlement holder or any other person authorized shall be allowed for which the land of the public ferryghats and ferry is sanctioned.
  32. (2) Maintenance and protection of the nature and ecology of the water body within the land of public ferryghat and ferry, under sub-section-(1), shall be mandatory. 18. Power of Government to make rules.—
  33. (1) Subject to the other provisions of this Act, the Government may, by notification, make rules for carrying out the provisions of this Act.
  34. (2) Every rule, after being made, shall be laid before both the Houses of the Bihar State Legislature, as soon as possible. 19. Protection of action taken in good faith under the Act.— No suit or other proceedings shall be instituted against the Government or its authorities or any officer or employee of the Government for anything which is done in good faith or intended to be done under this Act far Tote (srmaRer), 12 fer 2023 13 20. Repeal and Savings.—
  35. (1) The Bengal Ferries Act, 1885 in so far as it is applicable in the State of Bihar, is hereby abrogated and repealed.
  36. (2) The provisions of this Act shall supersede and override all such provisions made and enacted by other Departments of the Government.
  37. (3) Save as provided in this Act, such repeal and amendment under sub- sections (1) and (2) shall not be held to prejudice or affect the general application of section-6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals. Ramesh Chand Malviya, Secretary. arefreres, fared geome, fagR, ge ERT w@fe vd gai fag TToTe (raTe=oT) 316-57 1+400-Sr0T0dol Website: http://egazette.bih.nic.in

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