35. Management may be vested in District Board or Municipality.
- It shall be lawful for the [State] [Substituted by A.L.O.] Government to order that any public ferry situated in any district in which a District Board has been established under the provisions of the Bengal Local Self-Government Act of 1885, [or situated, within or adjacent to the limits of any Municipality, shall be managed by such District Board or by the Commissioners of such Municipality as the case may be] [Substituted for: 'shall be managed by such District Board' by B.O. Act, 7 of 1922, Section 2(2) and Schedule III.]; and such District Board shall have all the powers vested in the Magistrate of the District under this Act, except the powers specified in Sections 7, 17 and 32 [and thereupon the ferries shall be managed accordingly] [Substituted for Original words by A.O.].The [State] [Substituted by A.L.O.] Government may, from time to time, vary or annul any order made under this section. (As amended by the third Schedule to the Bihar and Orissa Municipal Act, 1922 and the Adaptation of Laws Orders, 1937)[Section 35 is in force in the following form in areas in which Part IV of the Bihar and Orissa Village Administration Act, 1922 (Bihar and Orissa Act III of 1922) is in force. Vide section 2(1) of the Schedule I to that Act:-"35. Power of [State] [Substituted by A.L.O.] Government to vest management of public ferries in a local authority.-It shall be lawful for the [State] [Substituted by A.L.O.] Government to order that any public ferry shall be managed by a local authority having jurisdiction over the area or any part of the area in which such ferry is situated, and such local authority shall have the powers vested in the Magistrate of the District under this Act except the powers specified in Sections 7, 17 and 32 [and thereupon such ferry shall be managed accordingly.] [Substituted for Original words by A.O.] (As amended by the Adaptation of Laws order, 1937)Note. - The management of ferriers is not a matter placed under the control of the District Boards under the Local Self-Government Act, and therefore, District Boards cannot transfer the management of ferries to Local Boards under them (vide Government letter no. 284-L.S.-G., dated the 9th January 1926)]
