- The tolls of any public ferry may, from time to time, be leased by public auction for such term as the Magistrate of the District in which such ferry is situated may, with the approval of the Commissioner, direct.The Magistrate of the District or the officer authorised by him to conduct such auction may, for sufficient reason to be 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.Execution of contract by lessee. - The lessee of the tolls of every ferry which have been leased under this section shall execute a contract, setting forth the conditions on which the tolls of such ferry are to be held and shall give security for its due fulfilment.In their letter No. 40-44-L.S.G., dated the 29th April 1926, to the address of Commissioners of Divisions, the Government of Bihar and Orissa, in the Ministry of Local Self-Government, issued the following orders-"I am directed to refer to Mr. Hallett's Circular No. 3336-40, L.S.G.R., dated the 28th September 1923, which contained the statement that "such" (ferry) settlements are subject to the approval of the Commissioner" and proceeded to prescribe that if in any case highest bid was not accepted the reasons for so doing should be recorded in writing. It further laid down that if the Commissioner is not satisfied that the reason for non-acceptance is adequate, he should withhold his approval of the settlement, while in any case a report should be submitted to Government showing all instances (with reasons) for the refusal of the highest bid.That circular was based upon a misreading of Section 9 of Bengal Act I of 1885 (which is not infrequently misprinted) since it is merely the term (not terms) of the lease which is subject to the approval of the Commissioner.That circular, as also the circular of the Government of Bengal in the Municipal Department No. 32-M., dated the 29th August 1892, is accordingly now withdrawn but incidentally the whole question of ferry settlements has been reviewed, and I am to inform you that in supersession of the previous orders it has been decided by His Excellency the Governor as advised by the Hon'ble Ministers that in all future settlements of public ferries whether transferred to local bodies or still retained in the hands of District Magistrates, the procedure detailed in the ensuing paragraphs shall be strictly observed.
