Chapter IV PENALTIES AND CRIMINAL PROCEDURE

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 16, and every lessee who neglects to furnish any return required under section 12, shall be punishable with fine which may extend to fifty rupees.

Every such lessee or other person as aforesaid and any person in possession of a private ferry demanding or taking more than the lawful 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.

Every person committing a breach of any rule made under section 12 or section 19 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

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 convicted 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 of the State Government, cancel the lease of the tolls of such ferry, and make other arrangements for its management during the whole or any part of the term for which the tolls were let.

Every person crossing by any public ferry, or using the approach to, or landing place thereof, who refuses to pay the proper toll, and every person- who, with intent to avoid payment of such toll, fraudulently 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 such 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 animals, vehicles or goods from any such ferry-boat or bridge, on being requested by such toll-collector, lessee or assistance to do so, shall be punishable with fine which may extend to fifty rupees.

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 maintained or worked in contravention of those provisions.

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 the convicting Magistrate, paid to the lessee.

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 three months, or with fine which may extend to five hundred rupees, or with both; 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.

The police may arrest without warrant any person committing an offence against section 25 or section 28.

Any Magistrate of the 1st or 2nd class may try any offence against this Act.

(1) Every Magistrate trying any offence under this Act may inquire 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 Act, 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, raft 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, reduce or remit the amount payable under such order.