Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

State of Odisha - Act

The Orissa Private Ferries Rules, 1954

ODISHA
India

The Orissa Private Ferries Rules, 1954

Rule THE-ORISSA-PRIVATE-FERRIES-RULES-1954 of 1954

  • Published on 19 February 1954
  • Commenced on 19 February 1954
  • [This is the version of this document from 19 February 1954.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Orissa Private Ferries Rules, 1954Published vide Notification No. 1325-8-3-54-Gen., dated 19-2-1954, Orissa Gazette Part 3/5.3.1954Notification No. 1325-VIII-3-54-Gen., dated 19-2-1954. - In exercise of the powers conferred on me by Section 19 of the Northern India Ferries Act, 1878 (XVII of 1878) 1, B. Sivaraman, Esqr., I.C.S., Member, Commercial Taxes, Board of Revenue Orissa with previous sanction of the State Government do hereby make the following rules for the maintenance of order and for the safety of passengers and properties at ferries other than Public Ferries in the district of Sambalpur except the Sub-divisions of Deogarh, Kuchinda and Rairakhol.

1.

(a)These rules may be called the Orissa Private Ferries Rules, 1954.
(b)They shall come into force at once and shall apply to the district of Sambalpur except the Sub-divisions of Deogarh, Kuchinda and Rairakhol.

2.

The maximum rates of tolls that may be charged for each kind of traffic such as loaded carts, empty carts, cattle, motor cars, lorries and passengers, etc., shall be in accordance with the Schedule of rates sanctioned by the Government, and appended to these rules.For the purpose of collecting tolls tickets shall not ordinarily be issued by the proprietor but the proprietor shall give or cause to be given receipts to persons, using the ferry for all sums received from them in payment of tolls, if demanded.

3.

(a)During the ferry season when the water in the river is below 11 ft., traffic shall be started at 7 a. m. and will be closed at 6 p. m. of each day.
(b)During the heavy floods (above 18 ft.) the boats shall leave the bank at 9 a. m. and shall cease plying punctually by 5 p. m.
(c)When the current of the wind or the state of weather is such as to tender the crossing unsafe and dangerous to the life of the passengers, the ferry boats shall not be plied.
Passengers and goods not arriving at the scheduled time shall have to wait for the next trip.

4.

All boats shall have load lines marked by the Tahsildar or Gazetted Revenue Officer deputed by the Collector of the district in red lines showing the maximum loads with which the boats can be safely loaded and in no case passengers or goods shall be taken on board beyond these limits. Capacity of all boats showing the maximum number of passengers and quantity of goods that can be taken on each boat at a time shall be noted separately on each boat. The Tahsildar or a Gazetted Revenue Officer deputed by the Collector for the said purpose shall be primarily responsible to get the load limits chocked.

5.

Heavy goods, cattle and inflammable materials, like petrol, kerosene, etc., shall be transported in separate boats or in separate trips of the boats and not in the same boats carrying passengers. Owners of cattle, however, may accompany their cattle in the boat.

6.

Government mails shall be ferried in the day time at times intimated by the Postal Department.No passengers or goods shall be allowed to cross in the same boats carrying the Government mails and runners.The proprietor shall cause carts carrying the mails and the drivers of such carts and Dak runners to be conveyed across the ferry with the least possible delay.

7.

No person who is found disorderly on account of intoxication shall be allowed to cross the river by boat.

8.

The following shall be exempted from payment of tolls-
(a)All Government servants travelling on duty, also their attendants and camp followers and all animals and vehicles carrying their luggage and camp equipment.
(b)All members of local authorities and all paid servants of these local authorities when travelling on duty.
(c)Carts carrying the mails and the drivers of such carts and Dak runners.
(d)Village Kotwars in the discharge of their duties, accused persons in custody and witnesses in criminal cases challaned by the Police.
(e)The following classes of persons when going to or returning from their daily works :
(i)Cultivators with their cattle and implements;
(ii)Day labourers;
(iii)Children going to or returning from school.
(f)Government property of any description on production of a certificate from the Head of Office sending them.

9.

The proprietor shall at once report the nearest police-station any accident occurring within the limits of the ferry by which death or amounting to grievous hurt is caused or there is any likelihood of the breach of the peace within these limits.

10.

The number of crew for each boat shall be fixed by the Magistrate of the District.

11.

The proprietor shall be bound-
(i)
(a)to provide such number of boats and of such description as the Magistrate of the district may require;
(b)to employ such a crew in and to provide such equipment for each such boat as the Magistrate of the district may direct.
(ii)The proprietor shall not carry at a single trip in any such boat-
(a)any number of passengers, animals or vehicles; or
(b)any bulk or other weight of freight in excess of the number of bulk or weight, as the case may be, which such boat is authorised by the Magistrates of the district to carry.

12.

The proprietor shall maintain a register showing-
(a)the registered number of the boats;
(b)the names and addresses of the passengers ferried across the river in the boat;
(c)the nature and the description of the luggage belonging to the passengers carried in the boat;
(d)the time of departure from one bank and arrival on the other bank; and
(e)the number and names of the crews employed on each boat.
The entries in the register relating to each trip shall bear a separate serial number.

13.

(a)The proprietor shall report to the officer-in-charge of the police-station the arrival at the ferry of any person who is known or reasonably suspected to be an escaped convict or proclaimed offender and permit no such person to cross the ferry.
(b)The proprietor shall, when required by the Magistrate of the District to do so, but not otherwise, furnish all information in his power regarding suspicious persons or classes of persons who may have been or may come to be ferried over.
(b)The proprietor shall be bound to furnish returns of traffic as may from time to time to be called for by the Magistrate of the District and for this purpose he shall keep a register of traffic in the form to be prescribed by the said Magistrate.

14.

All goods carried on the ferry shall be firmly fixed to the boats or packed in holds so that there may not be chance of the goods being shifted in transit and thus upsetting the balance of the boat.

15.

Sitting or standing places for passengers shall be provided by the ferrymen and no. person shall sit or stand on the ferry except at the places so prescribed.

16.

Passengers shall alight from the boats without objection when requested by the proprietor in case boat is found to be overloaded.

17.

Any person desiring to make any complaint regarding the working of the ferry, such as delay in carrying goods or carts, etc., or misbehaviour on the part of the proprietor or the boatman, shall do so in writing to the Deputy Commissioner, Sambalpur.

18.

The Tahsildar of the Revenue Department shall inspect the ferry boats periodically and at shorter intervals during the flood season and shall certify that the boats are in fit state to ply.

19.

The Magistrate of the district may at any time require the proprietor to repair or replace any boat which he considers to be in a dangerous state of disrepair and the proprietor shall thereupon be bound to repair or replace it as desired.

20.

The officer-ln-charge of the nearest police-station shall report at once to the Magistrate of the district any instance of mismanagement of the ferry, the insecurity of the boats, or any other defect in the working of the ferry that may come to his notice.

21.

The proprietor shall provide for life saving arrangement during the heavy floods (when the water level is more than 18 ft.) by keeping as many bundles of piths or life buoys equal to the number of passengers to be carried over according to the capacity of the boat as certified by the Tahsildar of the Revenue Department. Each pith bundle or life buoy shall be of the same size as can conveniently keep an adult afloat and this shall be certified by the Tahsildar of the Revenue Department.

22.

The proprietor on receipt of intimation from the Magistrate of the district shall at once remove any boatman or servant employed in working of the ferry whom the said Magistrate may declare to a unfit to act as such.

23.

No ferryman or servant of the proprietor shall demand any fee for services rendered in conveying goods or vehicles into or from a ferry boat or in loading or unloading goods and any person contravening this rule shall be liable to dismissal without prejudice to any punishment to which he is liable under Section 23 of the Act.

24.

The above rules are liable to modification in accordance with the requirements arising from time to time, any revision of the rates of tolls, however, of being subject to the sanction of the State Government.

Schedule

Maximum rates of tolls chargeable on all traffic on the private ferries
Sl. No. Description of commodities Rates
  (a) Passenger Rs. a. p.
1. On every person whether carrying a load accompanying animalor vehicle 0 0 6
2. On every full bag, package, basket, box, bundle and drumweight up to 1½ mounds 0 1 0
3. On every handload exceeding 15 seets and up to 1 mound 0 0 6
4. On every loaded bhar weight up to 1½ mounds 0 1 0
  (b) Vehicles (ordinary)      
1. Empty cart without a driver 0 4 0
2. Tanga cart without a driver 0 6 0
3. Palki excluding bearers 0 4 0
4. Rickshaw excluding driver 0 4 0
5. Bicycle and Tri-cycle excluding rider 0 1 6
  (c) Vehicles (Motors)      
1. Motor car excluding driver and passengers 1 0 0
2. Motor cycle excluding driver 0 4 0
3. Motor cycle with side car excluding driver and passenger 0 6 0
4. Lorry excluding driver and passengers 2 0 0
  (d) Transport of materials      
1. Loads on cart-      
(a) each bag, package, bundle, box and drum of size not exceeding20 c.ft. and weight not exceeding 2½ mounds 0 2 0
(b) each bale, package, bundle, box and drum of size exceeding2,c.ft. weights exceeding 2½ mounds 0 6 0
(c) Grass, fire-wood, and otherbona fidebuilding materials,hide, bone, lute and furniture per cart 0 10 6
2. Tins-      
(a) Ghee and other edible oil per tin 0 2 0
(b) Kerosene and motor spirit, lubricating oil and every 8 emptytins and drums 0 0 6
(c) Castor oil 0 0 6
(d) Barrel of kerosene and motor spirit 0 6 0
3. Kendu leaf bags 0 8 0
  (a) Animals (Domestic)      
1. Elephant 4 0 0
2. Horse excluding rider 0 4 0
3. Camel unladen 0 4 0
4. Camel laden 0 8 0
5. Pony unladen 0 1 6
6. Ponyladen 0 2 6
7. Donkey unladen 0 0 6
8. Donkey laden 0 1 6
9. Bullock unladen 0 1 6
10. Bullock laden 0 2 6
11. Other cattle unladen 0 1 6
12. Other cattle laden 0 2 6
13. Goats, sheep, swine, hogs, dogs and monkeys each 0 0 6
14. Fowls and ducks per pair 0 0 6
  (f) Ferocious animals      
1. Lion, tiger, bears, wolf engaged per head 4 0 0
  (g) Boats      
1. Reserved platform boat, per trip 12 0 0
2. Special boat (big size) per trip 1 4 0
3. Special boat (small size) per trip 0 10 0