Chapter I PRELIMINARY

(1) This Act may be called the Himachal Pradesh Ferries Act, 1956. (2) It extends to the areas as comprised in Himachal Pradesh immediately before 1st November, 1966. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, fix in this behalf.

In this Act, unless there is anything repugnant in the subject or context,- (1) "ferry" includes also a bridge of boats, pontoons or rafts, a swing-bridge, a flying bridge and a temporary bridge, and the approaches to, and landing-places of, a ferry; (2) [XXXXXXXXXXXXXXXXXXXXX].

(1) The State Government may, from time to time- (a) declare what ferries shall be deemed public ferries, and the respective districts in which, for the purposes of this Act, they shall be deemed to be situate; (b) take possession of a private ferry and declare it to be a public ferry; (c) establish new public ferries where, in its opinion, they are needed; (d) define the limits of any public ferry; (e) change the course of any public ferry; and (f) discontinue any public ferry which it deems unnecessary. (2) Every such declaration, establishment, definition, change or discontinuance shall be made by notification in the Official Gazette: Provided that when a river lies between two States the powers conferred by this section may, in respect of such river be exercised by the Himachal Pradesh Government in consultation with the Government of the other State and notifications may be issued by the State Governments concerned in their respective Official Gazettes: Provided also that, when any alteration in the course or in the limits of a public ferry is rendered necessary by changes in the river, such alteration may be made, by an order under his hand by the Deputy Commissioner of the District in which such ferry is situated, or by such other officer as the State Government may, from time to time, appoint by name or in virtue of his office in this behalf.

Compensation shall be paid by the State Government for any loss sustained by any person in consequence of a private ferry being taken possession of under section 3 after enquiry by the District Magistrate of the District in which such ferry is situated or such officer as he appoints in this behalf.

(1) The immediate superintendence of every public ferry shall, except as provided in sections 6 and 7 be vested in the District Magistrate of the District in which such ferry is situated or in such officer as the State Government may, from time to time, appoint by name or in virtue of his office in this behalf. (2) Such Magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary arrangements for the supply of boats or such ferry, and for the collection of authorised tolls leviable thereat.

The State Government may direct that any public ferry situated within the limits of a town be managed by the officer or public body charged with the superintendence of the municipal affairs of such town, and thereupon that ferry shall be managed accordingly.

The State Government may direct that any public ferry wholly or partly within the area subject to the authority of a Zilla Parishad may be managed by the Zilla Parishad and thereupon that ferry shall be managed accordingly.

(1) The tolls of any public ferry may, from time to time, be let by public auction for a term not exceeding five years with the approval of the Deputy Commissioner of the District, or by public auction, or otherwise than by public auction, for any term with the previous sanction of the State Government. (2) The lessee shall conform to the rules made under this Act for the management and control of the ferry, and may be called upon by the officer in whom immediate superintendence of the ferry is vested, or, if the ferry is managed by a municipal or other public body under section 6 or 7, then by that body, to give such security for the punctual payment of rent as the officer or body, as the case may be, thinks fit. (3) When the tolls are put up to public auction, the said officer or body, as the case may be, or the officer conducting the sale on his or its behalf may, for reasons recorded in writing, refuse to accept the offer of the highest bidder, and may accept any other bid, or may withdraw the tolls from auction.

All arrears due by the lessee of the tolls of a public ferry on account of his lease may be recovered from the lessee or his surety, if any, by the District Magistrate of the District in which such ferry is situated as if they were arrears of land revenue.

(1) The State Government may cancel the lease of the tolls of any public ferry on the expiration of one month's notice in writing to the lessee of its intention to cancel such lease. (2) When any lease is cancelled under this section, the District Magistrate of the District in which such ferry is situated shall pay to the lessee such compensation as such magistrate with the previous sanction of the State Government, award.

The lessee of the tolls of a public ferry may surrender his lease on the expiration of one month's notice in writing to the State Government of his intention to surrender his lease, and on payment to the District Magistrate of the District in which such ferry is situated of such compensation as such Magistrate, subject to the approval of the State Government, may, in each case direct.

(d) generally to carry out the purposes of this Act; and when the tolls of a ferry have been let under section 8, such Financial Commissioner or other officer may, from time to time (subject as aforesaid), make additional rules consistent with this Act; (e) for collecting the rents payable for the tolls of such ferries; (f) in cases in which the communication is to be established by means of a bridge of boats, pontoons or rafts, or a swing-bridge, flying-bridge or temporary bridge, for regulating the time and manner at and in which such bridge shall be constructed and maintained and opened for the passage of vessels and rafts through the same; and (g) in cases in which the traffic is conveyed in boats for regulating- (i) the number and kind of such boats and their dimensions and equipment; (ii) the number of the crew to be kept by the lessee for each boat; (iii) the maintenance of such boats continually in good condition; (iv) the hours during which, and the intervals within which, the lessee shall be bound to ply; and (v) the number of passengers, animals and vehicles, and the bulk and weight of other things, that may be carried in each kind of boat at one trip. (2) The lessee shall make such returns of traffic as the Deputy Commissioner of the District or other officer as aforesaid may, from time to time, require.

Except with the sanction of the Deputy Commissioner of the District or of such other officer as the State Government may, from time to time, appoint in this behalf, by name or in virtue of his office, no person shall establish, maintain or work a ferry to or from any point within a distance of two miles from the limits of a public ferry: Provided that, in the case of any specified public ferry, the State Government may, by notification in the Official Gazette, reduce or increase the said distance of two miles to such extent as it thinks fit: Provided also that nothing hereinbefore contained shall prevent persons from plying between two places, one of which is without, and one within, the said limits, when the distance between such two places is not less than three miles, or apply to boats which do not ply for hire, or which the State Government expressly exempts from the operation of this section.

Whoever uses the approach to, or landing place of, a public ferry is liable to pay the toll payable for crossing such ferry.

(1) Tolls, according to such rates as are, from time to time, fixed by the State Government, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service: Provided that the State Government may, from time to time, declare that any persons, animals, vehicles or other things shall be exempted from payment of such tolls. (2) Where the tolls of a ferry have been let under section 8, any such declaration, if made after the date of the lease, shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be fixed by the Deputy Commissioner of the District or such other officer as the State Government may, from time to time, appoint in this behalf by name or in virtue of his office.

The lessee or other person authorised to collect the tolls of any public ferry shall affix a table of such tolls, legibly written or printed in Hindi and also if the Deputy Commissioner of the District so directs, in English in some conspicuous place near the ferry, and shall be bound to produce, on demand, a list of the tolls, signed by the Deputy Commissioner of the District or such other officer as he appoints in this behalf.

All tolls, rents, compensation and fines under this Act (other than tolls received by any lessee) shall form part of the revenue of the State.

The State Government may, if it thinks fit, from time to time, fix rates at which any person may compound for the tolls payable for the use of a public ferry.