The Canals and Public Ferries (Amendment) Act, 1939

(1) This Act may be called the Canals and Public Ferries (Amendment) Act, 1939. (2) It shall come into force on the first day of April 1939.

Repealed

In this Act "vessel" includes any ship, barge, boat, raft, timber, bamboos or floating materials propelled in any manner : "channel" includes any waterway, whether natural or artificial : "line of navigation" means any navigable channel, or series of connected navigable channels : "canal" means a line of navigation declared to be subject to the provisions of this Act : "ferry" means a place at which goods, animals or passengers are conveyed across a channel by means of vessels : "public ferry" means a ferry declared to be subject to the provisions of any of sections 9 to 18 of this Act.

The State Government may, by notification in the Official Gazette, declare any line of navigation to be subject to the provisions of this Act from a date to be named in such notification, and may in like manner cancel or modify any such notification.

All vessels using a canal shall be either licensed or registered as the State Government may direct: Provided that the State Government may exempt from the operation of this section all or any vessels or classes of vessels using a canal or portion of a canal. All tolls levied immediately before the commencement of this Act at any public ferry the management of which has been assigned to a local board or municipal council, shall be deemed to have been levied, with effect from such commencement by the local board or municipal council concerned under sub-section (4) of section 10 of the said Act as amended by this Act.

The State Government may from time to time— (a) fix rates of fees payable for the licensing or registration of vessels; (b) establish stations at which tolls shall be levied on vessels passing along a canal or on passengers, vehicles, animals, or goods landed therefrom, and fix the rates of such tolls; (c) fix fees for the use of public landing places, wharves, piers, jetties, docks, slips, lie-byes, sidings, sheds or ware-houses provided for the accommodation of vessels using a canal or of goods or passengers carried or to be carried thereon and for demurrage on vessels or goods detained therein. A notification of such tolls or fees under clauses (b) and (c) of this section shall be exhibited to public view in English and in the vernacular language of the district at the places where such tolls or fees are leviable.

Any person duly empowered by the State Government in this behalf may— (i) suspend or cancel the licence or registration of any vessel in case of breach of any condition thereof, or in lieu of such suspension or cancellation or of prosecution may recover from the person in charge of the vessel a penalty not exceeding Rs. 5 for each such breach; (ii) remove from the canal any vessel which may be sunk or abandoned therein, and may recover any expense incurred in so doing by the sale of the vessel; a vessel left for more than three days without a competent 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, to remove any such thing within a reasonable time to be stated in the notice, failing which he may remove it himself. Expenses incurred under this clause shall be recoverable from the owner: Provided always that, in cases of interference with private rights reasonable compensation 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 registration 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 section 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.

(1) The State Government may, by notification in the Fort St. George Gazette, declare that any ferry, not being a public ferry, shall be subject to any rules made by them under this section for the purpose of securing the safety of passengers conveyed across the ferry.

The State Government may, by notification in the Official Gazette, declare any ferry to be subject to the provisions of sections 9 to 18 of this Act from a date to be named in such notification, and may define the limits of such ferry. The State Government may, in like manner, cancel or modify any such notification.

From such date all previously existing rights of ferry within the limits defined in the notification shall cease and determine and it shall be unlawful for any person not duly authorized to convey goods, animals or passengers by means of vessels across a channel within such limits while such notification is 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.

(1) The State Government may— (a) provide for the management of any public ferry and fix rates of tolls. (b) authorize any person to convey passengers, animals, vehicles or goods across a channel by means of vessels at any public ferry, or (c) assign the management of any public ferry to a local board or municipal council. (2) All vessels used by a person authorized under clause (b) of sub-section (1) shall be licensed, and the State Government may fix the fees payable for such licence. (3) In the cases referred to in clauses (a) and (b) of sub-section (1), the State Government may levy tolls at such rates as they may fix upon passengers, animals, vehicles and goods conveyed across the ferry. (4) Where under clause (c) of sub-section (1), the management of a public ferry is assigned to a local board or municipal council, the local board or municipal council may levy tolls upon passengers, animals, vehicles and goods conveyed across the ferry at such rates as it may, subject to the control of the State Government, fix. 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 State Government may, from time to time, by notification, direct. (5) A notice in English and in the language of the district specifying the tolls leviable at a ferry under sub-section (3) or sub-section (4), as the case may be, shall be exhibited to public view on each side of the ferry.

The management of any canal may, by order of the State Government, be assigned to a local board or municipal council which shall exercise all the powers stated in section 7, and may, subject to the control of the State Government, confer such powers on its servants. All persons duly empowered under section 7 shall be deemed to be public servants within the meaning of the Indian Penal Code.

The State Government or the managing authority shall appoint persons to collect tolls or fees payable under this Act. The collection of such tolls or of fees other than licence-fees may, under such conditions as the State Government may from time to time prescribe, be leased out and in such case the lessee and his agents and servants shall be deemed to be so appointed.

In case any tolls, fees other than licence-fees or penalties payable under this Act are not paid when demanded by a person duly appointed or empowered to collect or impose the same, such person may seize any vessel, goods, vehicles or animals in respect of which such toll, fee or penalty is payable or anything in the possession of a passenger or person who is liable to such toll, fee or penalty, and any person empowered by the State Government or the managing authority in this behalf may sell the same by auction after fifteen days' public notice of the sale if such toll, fee or penalty is still unpaid. After deduction of such toll, fee or 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.

All canal and ferry rents and expenses incurred under section 7 may be recovered by the Collector of the district in like manner as if they were arrears of land-revenue: Provided that any ferry rent due to a local board or municipal council shall be recovered as if the same were a tax due to the local board or municipal council.

All licences granted and registrations effected under this Act shall be in such form, shall be valid for a voyage or for such time, and shall contain, or be subject to, such conditions as the State Government may from time to time direct.

The State Government may make rules in 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 licences, for the inspection of licensed vessels, and for their maintenance in good condition ; (iii) regulating the dimensions of free board of vessels using any canal or public ferry, the equipment of the same, and the number of passengers and the nature and quantity of cargo to be carried therein; (iv) regulating the speed at which vessels shall be moved, the passing of vessels, the lights to be exhibited by vessels moving or at anchor, the working of locks, the mooring of vessels, and the use of landing places, wharves, piers, jetties, docks, basins, lie-byes, sidings, sheds or warehouses ; (v) the disposal of vessels or other things confiscated or seized under this Act ; (vi) for the convenience of passengers ; and generally for the purpose of this Act.

Any person who breaks any rule made under this Act shall be punishable on conviction by a Criminal Court with fine not exceeding fifty rupees in case of a single offence and, in case of a continuing offence, not exceeding ten rupees for every day during which such 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.

Any person navigating a canal or establishing or working a ferry in contravention of section 6, 7-A or 9 of this Act shall be liable on conviction before a Criminal Court to fine not exceeding five hundred rupees.

Any person who refuses or evades payment of any toll or fee payable under this Act, or without due authority levies any toll or fee under colour of this Act, or, being empowered to collect tolls or fees under this Act, collects or receives any sum in excess of the lawful due, shall on conviction by a Criminal Court...

On conviction had of any offence under this Act, the Court may order that any vessel or other thing used in the commission of such offence shall be confiscated.

The State Government may delegate all or any of their powers under sections 6, 10, 11, 12, 13 and 16 to any officer not below the rank of District Collector or Superintending Engineer.