State of Bihar - Act
Rules Made Under Bengal Ferries Act, 1885
BIHAR
India
India
Rules Made Under Bengal Ferries Act, 1885
Rule RULES-MADE-UNDER-BENGAL-FERRIES-ACT-1885 of 1885
- Published on 9 March 1937
- Commenced on 9 March 1937
- [This is the version of this document from 9 March 1937.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
Circular No. 1059-L.S.G., dated the 9th March 1937, regarding model Rules framed under the Bengal Ferries Act.Letter no. 1059-L.S.G., dated Patna, the 9th March 1937, from N.K.R. Menon, Esq, I.C.S., Officiating Secretary to the Government of Bihar, Local Self-Government Department, to the Commissioners of Patna, Tirhut, Bhagalpur, and Chota Nagpur Divisions.Subject - Model Rules framed under the Bengal Ferries Act, 1885.| (For Commissioner, Patna Division only) | With reference to the correspondence resting with your(Personal Assistant's) letter no. G-933, J-4651, 1791-J, and562-J, dated the March, 1934, 21st June, 1934, 7th May, 1934 and22nd February, 1934. |
2. The revised rules framed under Section 15 of the Act, as they now stand will apply only to public ferries the management of which has not been vested in any local authority or what may be called the "reserved" ferries. In case of "transferred" ferries i.e., the management of which has been vested in a local authority these model rules should be adopted by the local authority concerned with only this alternative that the term "district board", "local board" or "municipality" as the case may be should be substituted for the term "Magistrate" throughout. Similarly, in the model form of agreement which is appended to these rules it will also be necessary to make suitable substitution for the term "Secretary of State for India in Council", "Government", and the like; but in clause 4(g) of the agreement form the expression "District Officer" should stand unchanged.
3. I am to add further that Government consider it very important that power should be vested in the District Magistrate and the local authority concerned as the case may be for inspection of ferry boats and to realise the cost of such inspection from the lessees concerned. A provision to this effect has accordingly been made in clause 4(h) of the form of agreement. The intending bidders should be made aware of this term in the notice calling for bids.
Model rules under Section 15 of the Bengal Ferries Act for the management of public ferries with the model form of Agreement[Circulated with Government letter no. 1059-L.S.G., dated the 9th March 1937.]1. In these rules the term Magistrate includes the District Magistrate of........and any Magistrate subordinate to him and appointed by him in that behalf.
2. Every public ferry in the district of.........to which these rules apply shall either be held in khas by the Magistrate or be leased by public auction.
Rules For The Management of Public Ferries held Khas3. For every public ferry which is held khas, the Magistrate shall from time to time-
4. Any person may compound for tolls payable for the use of the ferry and if the ferry should be closed before the expiry of the period for which such person has compounded for tolls payable for its use, he shall be entitled to a refund the amount of which shall bear the same proportion to the whole sum paid by him as the period remaining bears to the whole period for which he compounded. Such refund shall be made under the order of the Magistrate.
Rule for leasing out ferries5. When it has been determined to lease the tolls of any public ferry by auction under Section 9 of Act I (B.E.) of 1885, the Magistrate shall take steps to obtain the approval of the Commissioner of the Division to the term for which the ferry is to be leased and shall, if he obtains such approval cause an advertisement of such auction to be published at least 15 days before the auction is held both in English and the vernacular, in such place and in such manner as to him shall seem expedient.
6.
7. (a) A copy of the advertisement, and of the rules and the form of agreement required to be executed under Section 9 of the Act, shall be posted up in a conspicuous place in the Magistrate's office, and shall be duly notified on the day of the auction.
8. On the day of the auction, the lessee, to whom the ferry has been knocked down, shall deposit Rs as security for the due fulfilment by him of the conditions of his lease. This deposit may, however, at the discretion of the Magistrate, be dispensed with in the case of small ferries in which boats or canoes are not provided by Government.
9. In cases in which the ferry is leased for only a year, or part of a year, the lessee shall be held liable for the rent for the entire period the moment the ferry has been knocked down to him. In cases in which the ferry is leased out for more than a year the liability for each year's rent shall accrue from the first day of the year.
10. The contract which the lessee will be required to execute under Section 9 of the Act shall be in the form appended to these rules.
11. The Magistrate shall, as soon as possible after the contract has been executed by the lessee, furnish him free of charge with a copy of the rules, a list of the authorised tolls duly signed under Section 19 of the Act and a copy of the entries made in the register prescribed under clause (a) of Rule 20 in respect of the ferry.
12.
13. The lessee shall be bound to ferry over diligently, carefully and with the least possible delay, all passengers, vehicles, animals and goods which may come to ferry ghat to be ferried over.
14. The rates of tolls to be levied shall be those fixed by the Magistrate with the approval of the Commissioner under Section 18 of the Act.
15. The lessee shall not charge or demand tolls for ferrying over-
16. The lessee shall not charge or demand tolls from persons who wade or swim across or take cattle or other animals or property across at their own cost and risk, or from persons who cross themselves, or take other persons across without charge, in their own boats.
17. The ferry shall ordinarily ply between sunrise and sunset; but the lessee may employ the boats in ferrying passengers across at any time after sunset, provided each boat so employed carries a light which must be displayed in a conspicuous part of the boat.
18. The Magistrate may, if necessary, fix the times for crossing of the mails and dak-runners, and may, as occasion arises, vary such times. He shall in all such cases give notice in writing to the lessee of the times at which the mails are to be ferried over, and it shall thereupon become the duty of the lessee to see that arrangements are specially made for the crossing of the mails immediately on their arrival at the ferry ghat, and that no delay is allowed to occur in their transit.
19. The lessee shall provide and keep in proper order to the satisfaction of the Magistrate, the landing stages on both sides of the ferry, and shall move them when necessary according to rise and fall of the water. He shall also provide proper rest-houses or travellers' sheds on the banks of the ferry as required by the Magistrate, and shall make all proper arrangements and provide all suitable accommodation on the ferry boats for passengers and goods traffic.
He shall fix notice boards in a conspicuous place at two ends of the ferry showing in legible writing-20. (a) The Magistrate shall maintain a register showing on separate pages in respect of each public ferry-
21. No person shall ply any ferry boat unless-
22. When any ferry which has been leased for a given period is discontinued under the orders of the Magistrate before the expiry of that period, the lessee shall be allowed a deduction in the rent payable for the unexpired portion of the term of the lease. If it be shown to the satisfaction of the Magistrate that the lessee has suffered any loss consequent on the discontinuance of the ferry, the Magistrate may allow him such compensation as he thinks is deserved.
23. In the event of the ferry being discontinued before the expiry of the lease, either by order of the Magistrate or otherwise, all persons who have compounded for the tolls for its use shall be entitled to receive a refund calculated as in Rule 4 and unless, the claims of all such persons have been satisfied by the lease, the Magistrate shall have authority to satisfy the claims out of the deposit made by the lessee under Rule 8.
24. The lessee shall be bound to furnish such return of traffic as may from time to time be called for by the Magistrate, and for this purpose he shall keep up a register of traffic in the form to be prescribed by the Magistrate.
25. If the lessee desires to establish communications across the ferry by means of a bridge of any kind, he shall first obtain the sanction in writing of the Magistrate and shall, on obtaining such sanction, carry out any order which the Magistrate may make regarding the opening of such bridge for the through passage of vessels and rafts. Such bridge shall on no account obstruct the free passage of the stream.
26. The Magistrate may at any time require the lessee to repair or replace any boat which he considers to be in a dangerous state of disrepair and the lessee shall thereupon be bound to repair or replace it as directed.
27. The ferry boats belonging to any public ferry shall not be plied when the current, wind or state of the weather is such as to render the crossing unsafe and endanger the lives of the passengers.
28. A register in the following form, showing the demand and collection on account of rents payable for tolls of public ferries, shall be kept up by the Magistrate:-
Receipts on account of ferry .................farmed by at an annual rent of Rs........(Signature of officer holding sales.)| Serial no. | Detail of Payment | Payment | Payment | Remarks | |||
| Amount | Number Date of Challan | Initials of Magistrate | Initials of Treasury Officer | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
29. A quarterly statement shall also be kept showing the demand, collection and arrears up to date on account of rents of public ferries.
Form of AgreementThe Secretary of State for India in Council doth hereby lease to me............hereinafter called the lessee, son of.....................resident of mouza........paragana..........................thana............. district................and I, the said lessee, do hereby take the lease of the public ferry across the river and situated on the road from.................to...............at the................rent of Rs...................upon and under the following terms and conditions, viz.:-1. I the lessee, have deposited .....................with the intent that the Magistrate shall hold the same until the determination of the lease, as partial security for the due performance by me of the stipulations herein contained, and for the observance by me of the provisions of the Bengal Ferries Act (I of 1885) and the Rules framed under it, and may deduct therefrom any rent which may become due, or penalties which may be awarded under Sections 23, 24 and 25 of the said Act.
2. I, the lessee, do hereby acknowledge to have received a copy of the Rules under Section 15 of the Act aforesaid, and to be aware of the provisions of Section 10 of the Act under which I am legally bound to conform to them. I also acknowledge to have received a list of the tolls to be levied at the ferry.
3. The lease to me is to be for...................namely, from the................in the.................and during this period I shall be bound to ply the ferry from ...to the ............................every year.
4. I hereby agree-
5. I shall not charge or demand tolls for ferrying over-
6. I, shall not charge or demand tolls from persons who wade or swim across, or take cattle or other animals or property across at their own cost and risk, or from persons who cross themselves, or take other persons across without charge, in their own boats.
7. I, hereby agree to pay the rent in the following instalments into the district treasury in the credit of the Secretary of State:-
| Rs. a. p | Date | |||
| First | ... | ... | ... | ... |
| Second | ... | ... | ... | ... |
| Third | ... | ... | ... | ... |
| Fourth | ... | ... | ... | ... |
8. If the rates of toll are reduced during the currency of my lease or the exemptions from the payment of it are extended, this agreement is to be modified accordingly. I shall be given a fair opportunity of satisfying the Magistrate as to the effect of the change and if the terms proposed by him thereafter are not such as I can reasonably accept, I will, according to the law, immediately carry into effect the order reducing the rates of toll, or extending the exemption from payment of it, but will at the same time state the amount of rent I may be willing to pay under the altered circumstances of the case. Should my offer appear to the Magistrate to be inadequate it shall be competent to him to remove me, and place another person in charge of the ferry and for such time as I remain in charge of the ferry after the issue of the order reducing the rates of tolls, or extending the exemption from payment of it, I shall pay rent only at the rate tendered by me.
9. If I make default in the payment of the rent for the ferry or of any penalty which may be lawfully imposed, or if I do not observe and perform the convenants herein contained, it shall be lawful for the Magistrate to remove me from the charge of the ferry and to settle the same with some other person or hold it khas. After such removal I shall not be entitled to any part of the proceeds of the ferry or to levy any toll therefor. And if the rent on reletting the ferry falls short of the amount at which it was leased to me, and the Government thereby incur loss, I shall be held responsible for such difference or loss the amount of which may be deducted from my deposit. If the deposit does not cover the loss incurred, the rent due from me (and the amount or toll refunded by the Magistrate under Rule 23 of the Rules under Section 15 of the Act, the total amount which is deficient shall be recoverable in the manner set forth in Section 12 of the Act) and all sums which I become liable to pay in virtue of this agreement shall be recoverable as a public demand under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914. It shall be lawful for the Magistrate to deduct the amount of rent which I may default to pay from my security deposit and to direct me to recoup the same within a given time and on my failure to do so to remove me from the charge of the ferry.
10. I will not assign, sublet or part with the possession of the ferry without the previous consent in writing of the Magistrate.
11. I shall not claim any compensation on account of roads being closed for repairs or on account of inundation or the breaking down of bridges or on account of deficiency of water in the river on which the ferry is situated.
Rules under Section 22, of the Bengal Ferries Act for the management of Private FerriesRule 1. - All private ferries shall be registered in the office of the Magistrate of the District in which they are situated and particulars under the following heads shall be entered in the application for registration:-1. In these Rules, unless, there be something repugnant in the subject or context, the term-
| 1. | From Digha | to | Pahleza. |
| 2. | Ditto | to | Sabalpur-Mahendru. |
| 3. | Ditto | to | Sabalpur-Ranighat. |
| 4. | Ditto | to | Sonepur. |
| 5. | Ditto | to | Konhara. |
| 6. | Ditto | to | Barabanki. |
| 7. | Ditto | to | Litiahi. |
| 8. | From Mahendru | to | Pahleza |
| 9. | Ditto | to | Sabalpur-Mahendru. |
| 10. | Ditto | to | Sabalpur-Ranighat. |
| 11. | Ditto | to | Sonepur. |
| 12. | Ditto | to | Konhara. |
| 13. | Ditto | to | Barabanki. |
| 14. | Ditto | to | Litiahi. |
| 15. | From Ranighat | to | Pahleza. |
| 16. | Ditto | to | Sabalpur-Mahendru. |
| 17. | Ditto | to | Sabalpur-Ranighat. |
| 18. | Ditto | to | Sonepur. |
| 19. | Ditto | to | Konhara. |
| 20. | Ditto | to | Barabanki. |
| 21. | Ditto | to | Litiahi. |
| 22. | From Khajekalan | to | Pahleza. |
| 23. | Ditto | to | Sabalpur-Mahendru. |
| 24. | Ditto | to | Sabalpur-Ranighat. |
| 25. | Ditto | to | Sonepur. |
| 26. | Ditto | to | Konhara. |
| 27. | Ditto | to | Barabanki. |
| 28. | Ditto | to | Litiahi. |
| 29. | From Marufganj | to | Pahleza |
| 30. | Ditto | to | Sabalpur-Mahendru. |
| 31. | Ditto | to | Sabalpur-Ranighat. |
| 32. | Ditto | to | Sonepur. |
| 33. | Ditto | to | Konhara. |
| 34. | Ditto | to | Barabanki. |
| 35. | Ditto | to | Litiahi. |
| 36. | From Damriahi | to | Pahleza |
| 37. | Ditto | to | Sabalpur-Mahendru, |
| 38. | Ditto | to | Sabalpur-Ranighat. |
| 39. | Ditto | to | Sonepur. |
| 40. | Ditto | to | Konhara. |
| 41. | Ditto | to | Barabanki. |
| 42. | Ditto | to | Litiahi. |
| 43. | From Jethuli | to | Pahleza. |
| 44. | Ditto | to | Sabalpur-Mahendru. |
| 45. | Ditto | to | Sabalpur-Ranighat. |
| 46. | Ditto | to | Sonepur. |
| 47. | Ditto | to | Konhara. |
| 48. | Ditto | to | Barabanki. |
| 49. | Ditto | to | Litiahi. |
2. Every Patna-Ganges Ferry shall either be held be leased by public auction.
Rules for the Management of the Patna-Ganges Ferries held khas.3. For every Patna-Ganges Ferry which is held Khas the Magistrate shall from time to time-
4. Any person may compound for tolls payable for the use of the ferry, and if the ferry should be closed before the expiry of the period for which such person has compounded for tolls payable for its use he shall be entitled to a refund, the amount of which shall bear the same proportion to the whole sum paid by him as the period remaining bears to the whole period for which he compounded; such refunds shall be made under the orders of the Magistrate.
Rules for Leasing out the Patna-Ganges Ferries.5. When it has been determined to lease the tolls of any Patna-Ganges ferry by auction under Section 9 of Act 1 of 1885, the Magistrate shall, atleast 15 days before the auction is held, cause an advertisement of such auction to be published both in English and in the vernacular, in such place and in such manner as to him shall seem expedient:
["Provided that no notice shall be necessary where the Magistrate considers it necessary to postpone/adjourn the auction due to any reason considered necessary by him."] [Added vide S.O. 1196 dated 4.10.1975.]6. The advertisement shall specify-
7. A copy of the advertisement and of the rules and the form of agreement required to be executed under Section 9 of the Act shall be posted up in a conspicuous place in the Magistrate's Office and shall be duly notified on the day of the auction.
8. On the day of the auction the lessee to whom the ferry has been knocked down, shall deposit 25 per cent of the amount of the bid as security for the due fulfilment by him of the conditions of his lease. This deposit may, however, at the discretion of the Magistrate be dispensed with in the case of small ferries in which boats or canoes are not provided by Government.
9. In cases in which the ferry is leased for only a year or part of a year the lessee shall be held liable for the rent for the entire period the moment the ferry has been knocked down to him. In cases in which the ferry is leased for more than a year the liability for each year's rent shall accrue from the first day of the year.
10. The contract which the lessee will be required to execute under Section 9 of the Act shall be in the form appended to these rules.
11. As soon as possible after the contract has been executed by the lessee the Magistrate shall furnish him free of charge with a copy of these rules, a list of the authorised tolls duly signed under Section 19 of the Act and two notice boards "for each ferry" having written on them legibly in the vernacular the schedule of tolls applicable to the ferry, the number of boats which the lessee is bound to keep plying, the number of men by whom each boat is to be manned, and the maximum number of passengers etc., each boat is allowed to carry. The notice boards shall be fixed by the lessee in a conspicuous place at both ends of the ferry and shall be kept by him in a proper condition. On the expiry of his lease they shall be returned by him to the Magistrate.
12. The lessee shall be bound to ferry over diligently, carefully and with the least possible delay, all passengers, vehicles, animals and goods which may come to the ferry ghat to be ferried over.
["The lessee shall be bound to ferry over diligently, carefully and with the least possible delay, all passengers, light vehicles, animals and goods which may come to the ferryghat to be ferried over."] [Added vide S.O. No. 1196 dated 4.10.1975.]13. The rate of tolls to be levied shall be those fixed by the Magistrate with the approval of the Commissioner under Section 18 of the Act.
14. The lessee shall not claim any compensation for loss of rent on account of the concession granted to the Bengal and North-Western Railway Company to convey without payment of tolls Railway passengers and goods from Pahleza Ghat to Digha Ghat and the Patna City Ghats and back.
15. The lessee shall not charge or demand tolls for ferrying over-
16. The lessee shall not charge or demand tolls from persons who wade or swim across or take cattle or other animals or property across at their own cost and risk or from persons who cross themselves or take other persons across without charge in their own boats.
17. The lessee shall issue printed tickets to all passengers in a form and manner and according to a system or accounts approved by the Magistrate at all the ghats on both sides of the Ganges and shall keep through his agents at the various ghats systematic accounts which shall be open to inspection by the Magistrate.
18. The ferry shall ordinarily ply between sunrise and sunset; but the lessee may employ the boats in ferrying passengers across at any time after sunset provided each boat so employed carries a light which must be displayed in a conspicuous part of the boat.
19. The Magistrate may, if necessary, fix the times for the crossing of the mails and dak runners, and may as occasion arises vary such times. He shall in all such cases give notice in writing to the lessee of the times at which the mails are to be ferried over and it shall thereupon become the duty of the lessee to see that arrangements are specially made for the crossing of the mails immediately on their arrival at the ferry ghat and that no delay is allowed to occur in their transit.
20. The lessee shall provide and keep in proper order to the satisfaction of the Magistrate, the landing stages on both sides of the ferry, and shall move them when necessary, according to the rise and fall of the water. He shall also provide proper rest houses or traveller's sheds on the banks of the ferry as required by the Magistrate, and shall made all proper arrangements and provide all suitable accommodation on the ferry boats for passenger and goods traffic.
21. The lessee shall, from time to time, report in the Office of the District Magistrate the boats and steamers which he intends to ply at the various ghats of the ferries settled with him and shall affix to each of them a plate to show 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 and shall also report the name of his agent (if any) and changes in his appointment.
22. When any ferry which has been leased for a given period is discontinued under the orders of the Magistrate before the expiry of that period the lessee shall be allowed a deduction in the rent payable for the unexpired portion of the term of the lease. If it be shown to the satisfaction of the Magistrate that the lessee has suffered any loss consequent on the discontinuance of the ferry the Magistrate may allow him such compensation as he thinks is deserved.
23. In the event of the ferry being discontinued before the expiry of the lease either by order of the Magistrate or otherwise, all persons who have compounded for the tolls for its use shall be entitled to receive a refund calculated as in Rule 4 and unless the claims of all such persons have been satisfied by the lessee the Magistrate shall have authority to satisfy the claims out of the deposit made by the lessee under Rule 8.
24. The lessee shall, when required by the Magistrate 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.
25. The lessee shall be bound to furnish such returns of traffic as may from time to time be called for, by the Magistrate and for this purpose he shall keep up a register of traffic in the Form to be prescribed by the Magistrate.
26. The lessee shall keep at each landing stage an inspection book in which inspecting officers may record their remarks.
27. On any exceptional occasion, the lessee, on a due notice sent to him shall provide and keep such a number of boats, as the district or municipal board may direct and for such time as the occasion may require.
28. If the lessee desires to establish communication across the ferry by means of a bridge of any kind he shall first obtain the sanction in writing, of the Magistrate and shall, on obtaining such sanction, carry out any orders which the Magistrate may make regarding the opening of such bridge for the through passage of vessels and rafts. Such bridge shall on no account obstruct the free passage of the stream.
29. The Magistrate may at any time require the lessee to repair or replace any boat which he considers to be in a dangerous state of disrepair and the lessee shall thereupon be bound to repair or replace it as directed.
30. Police Officers will report at once any instance of mismanagement of a public ferry, the insecurity of the boats, landing stages, slopes or approaches, and any other defect in the working of the ferry which may come to their notice.
31. The ferry boats belonging to any public ferry shall not be plied when the current, wind, or state of the weather is such as to render the crossing unsafe and endanger the lives of the passengers.
32. A register in the following form showing the demand and collection on account to rents payable for tolls of the Patna-Ganges Ferries shall be kept up by the Magistrate:-
Receipts on account of ferry...................formed by................at an annual rent of Rs .............Signature of Officer holding sales.| Serial no. | Details of payments | Amount | Payment | |||||
| Amount | Date | No. of challan | Initials of Magistrate | Initials of Treasury Officer | Remarks | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
33. A quarterly statement shall also be kept showing the demand, collection and arrears up to date on account of rents for the Patna-Ganges Ferries.
Forms of Agreement under Section 9 of the Bengal Ferries Act (Rule 10).The Secretary of State for India in Council doth hereby lease to me ........................son of....................resident of...............district................hereafter called the lessee, and I, the said lessee, do hereby take the lease of the public ferries across the river, namely.................at the annual rent of Rs.............................. from.......................200................to..........................................200....upon and under the following terms and conditions:-2. I, the lessee, have deposited Rs only with the intent that the Magistrate of Patna shall hold the same until the determination of the lease, as partial security for the due performance by me of the stipulations herein contained, and for the observance by me of the provision of the Bengal Ferries Act I (B.C.) of 1885 and the rules framed under it, and may deduct therefrom any rent which may become due or penalties which may be awarded under Sections 23 to 25 of the said Act. I, the lessee, do hereby acknowledge to have received a copy of the Rules under Section 15 of the aforesaid Act and to be aware of the provisions, of Section 10 of the aforesaid Act, under which I am legally bound to conform to them. I also acknowledge to have received a list of the tolls to be levied at each ferry.
3. The lease to me is for the periods noted against each ferry named in Schedule I and I shall be bound except, with the written permission of the Magistrate to the contrary, to ply ferries during the said periods.
4. I hereby agree-
5. I shall not charge or demand tolls, for ferrying over-
6. I shall not charge or demand tolls from persons who wade or swim across or take cattle or other animals or property across at their on cost and risk or from persons who cross themselves or take other persons across without charge in their own boats.
7. I hereby agree to pay rent into the district treasury in monthly instalments of Rs..................to the credit of the Secretary of State on the 1st day of each month and if it is a holiday on the next open day and further agree to file in the office of Magistrate within two days after due date of payment a duplicate challan or treasury receipt in proof of such payment. But if at any time before the expiry of the period for which the ferries have been leased to me, I be removed therefrom for any breach of the terms and conditions of the lease, or for any wilful breach of any of the Rules under Section 15 of the Act, I shall be liable to pay rent up to and including the instalment due next after my removal.
8. If the rates of tolls are reduced during the currency of my lease or the exemption, from the payment of it are extended this agreement is to be modified accordingly. I shall be given a fair opportunity of satisfying the Magistrate as to the effect of the change, and if the terms proposed by him thereafter are not such as I can reasonably accept. I will according to the law immediately carry out the order reducing the rates of the toll or extending the exemption from payment of it, but will at the same time state the amount of rent I may be willing to pay under the altered circumstances of the case. Should my offer appear to the Magistrate to be inadequate it shall be competent to him to remove me and place another person in charge of the ferries and for such time as I may remain in charge of the ferries after the issue of the orders regarding the rates of tolls or extending the exemption from the payment of it, I shall pay rent only at the rate tendered by me.
9. If I may default in the payment of the rent for the ferries or of any penalty which may be lawfully imposed, or if I do not observe and perform the covenants herein contained, it shall be lawful for the Magistrate to remove me from the charge of the ferries and to settle the same with some other person or hold it khas. After such removal, I shall not be entitled to any part of the proceeds of the ferry or to levy any toll therefor. And if the rent on reletting the ferries fall short of the amount at which they were leased to me and the Magistrate thereby incur loss, I shall be held responsible for such difference or loss, the amount of which may be deducted from my deposit. If the deposit does not cover the loss incurred, the rent due from me (and the amount of tolls refunded by the Magistrate under Rule 23 of the rules under Section 15 of the Act, the total amount which is deficient shall be recoverable in the manner set forth in Section 12 of the Act) and all sums which I become liable to pay by virtue of this agreement shall be recoverable as a public demand under the provisions of the Bihar and Orissa Public Demand Recovery Act, 1914 (Bihar and Orissa Act IV of 1914). It shall be lawful for the Magistrate to deduct the amount of rent which I may default to pay from my security deposit and to direct me to recoup the same within a given time and on my failure to do so to remove me from the charge of the ferry.
10. I will not assign, sub-let or part with the possession of the ferry, without the previous consent in writing of the Magistrate.
11. I shall not claim any compensation from the lessor on account of the absence of or lack of repairs to any approaches to the landing stages on either bank or on account of roads being closed for repairs or on account of inundation or the breaking down of bridges or on account of deficiency of water in the river on which the ferries are situated.
12. I agree to the terms of the concessions granted to the Bengal and North-Western Railway Company, viz., that they are entitled to convey railway traffic and passengers but not other traffic or passengers between Marufganj ghat and the Railway Terminus on the North bank of the river and that they be allowed for this purpose to establish and maintain intermediate stations on the South bank of the river Ganges.
13. I agree to issue printed tickets to all passengers in a form and manner and according to a system of accounts approved by the Magistrate at all the ghats on both sides of the Ganges and to keep through our agents at the various ghats systematic accounts which shall be open to inspection by the Magistrate.
14. I agree to report from time to time in the office of the District Magistrate the boats and steamers which I intend to ply at the various ghats of the ferries settled with me and shall affix to each of them a plate to show the number of passengers, animals and vehicles and the bulk and weight to other things that may be carried in each kind of boat at one trip. I also agree to report the name of my agent (if any) and changes in their appointment.
15. If I have not available sufficient boats or other appliances to carry on the ferries, I agree to take over such appliances of the former lessee as registered at a valuation to be fixed by the District Magistrate in consultation with the Executive Engineer, Patna Division and in that case I agree to pay one fourth of the total cost of the appliances on the day of settlement and the balance in three quarterly instalments, viz 18th July, 18th October and 18th January, following. In the event of non-fulfilment of the condition, the lease shall be liable to be cancelled.
16. We hold ourselves, jointly and severally, responsible for the fulfilment of all the terms and conditions, of the lease and the lessor (the District Magistrate) is entitled to realise jointly or severally from us (the lessees) any rent falling due or compensation for any loss sustained, and to enforce any of the terms and conditions contained in the lease as against all or any of the lessees as he considers proper. (This clause is to be inserted in the lease only when the contract is entered into with more than one lessee taking the farm of the ferry.)
Part III – Important Circulars and Notifications Under The Act
Circulars regarding instructions to local officers for strict enforcement of the law relating to ferries for avoiding ferry accidents and boat disasters.Letter No. 9440, L.S.G. DIF-21/49, dated Patna the 21st June, 1949, from Mr. J.N. Prasad B.A. (Hons.) Under Secretary to the Government of Bihar, Local Self-Government Department, to all Commissioners of Divisions.Subject. - Instructions to local officers regarding strict enforcement of the law relating to ferries.I am directed to say that the attention of Government has been drawn to the increasing number of accidents attended with the loss of life resulting from overloading or the unsafe condition of ferry boats or their plying in dangerous weather and current or from unauthorised Ghats. It appears that in some cases the provisions of the Bengal Ferries Act, 1885, and the rules framed thereunder are not strictly enforced though instructions emphasising the importance of their observance have been issued by Government from time to time.There are specific provisions in the Model Rules framed by Government under Sections 15 and 22 of the Bengal Ferries Act, 1885 for preventing overloading of ferry boats (both public and private) or their plying in a dangerous state of weather, wind and current. In the opinion of Government if the existing rules are strictly enforced boat disasters can be easily avoided.I am to request that the attention of District Magistrates, Superintendents of Police and of the local bodies in your division may be drawn to the importance and necessity of rigid observance of the provisions of the Ferries Act and the rules made thereunder with regard to all matters including the cancellation of existing leases under Section 13 of the Bengal Ferries Act, 1885 and the institution of prosecutions under the appropriate sections for infringement of the rules. District Magistrates should also be advised-(i)to tighten up control over the ferries (both public and private);(ii)to start a special drive against overloading of ferry boats and to report to Government the number of prosecutions under the Bengal Ferries Act, 1885 or under Section 282, I.P.C. initiated by them;(iii)to ensure that on the occasion of all fairs and festivals, when a large number of persons are likely to travel by these ferries, Magistrates and Police Officers are specially deputed to regulate the traffic on ferry boats;(iv)to call the attention of Police to Rule 99 of the Police Manual and to instruct them to co-operate in ensuring that ferry rules are strictly observed by the ferry farmer; and(v)to ensure that Officers-ln-Charge of police-stations-particularly of the police-stations lying in muffasil areas where it is not possible for magistracy to exercise any effective control over ferries-exercise regular supervision over ferries with a view to prevent overloading of boats or their plying in dangerous state of weather, wind and current.Letter no. 1976-80-L.S.G.R., dated Ranchi, the 25th July, 1955, from H.E. Horsfield, Esq., I.C.S., Secretary to the Government of Bihar and Orissa Ministry of Local Self-Government, to all Commissioners of Divisions.The attention of Government has been drawn to the number of accidents attended with loss of life resulting from the overcrowding or the unsafe condition of ferry boats. I am, therefore, to ask that the conditions under which all ferries, both public and private are working may be carefully examined by you in consultation with the District Magistrates and the local bodies of your Division.2. Public ferries. - Model Rules have been drafted under Section 15 of the Bengal Ferries Act which provide inter alia for the regulation of loads and the maintenance of boats and empower the Police to report all defects in the management of a ferry (Rules 19, 25 and 26) while breaches of the rules in respect of the overloading of ferry boats are penalised and Section 31 empowers the Police to arrest certain offenders. If the Model Rules or any other rules under Section 15 have been adopted, their validity has not been affected by the transfer of the superintendence of ferries from the Magistrate to the local bodies. I am to enquire whether rules under this Section are in force in respect of public ferries within your division and whether they are operating suitably to the object in view and are strictly enforced. Should it be the case that any public ferry under a local body is not at present subject to any rules, that local body should be invited to adopt Model Rules with such modification (to be approved by you) as are suitable. If from enquiry it appears that any ferry, where rules are in force, is not being worked in a satisfactory manner, I am to request that if the faults in working are due to defects in rules, the local body may be requested to change the rules in such a way as to remove the defects. If the faults in working are not due to any defect in the rules but to nonenforcement of the rules, the local body concerned should be requested to see that the rules are properly enforced and the District Magistrate also should be asked to take such steps as are necessary for their enforcement.
3. Private ferries. - Under the Bengal Ferries Act, all ferries which have not been declared public are private, and are subject to any rules made by the Commissioner under Section 22,1 am, therefore, to request that the existing rules may be carefully examined and amended if necessary to provide adequately for the safety and convenience of the public. If no rules have been adopted immediate steps' should be taken to frame them under Section 22 of the Act adopting, as a model, the rules printed at page 592 of the Colliers Local Self-Government Hand Book. The special attention of District Magistrates should be drawn to the enforcement of the rules so made particularly on important ferries.
4. It follows from what has been said that all recognised ferries will hence-forth be subject to rules made either under Section 15 or Section 22 of the Ferries Act, breaches of which are punishable by Section 25 of the Act. The operation of these rules should be sufficient to prevent unauthorised persons plying boats for hire. It is particularly necessary to ensure this result at melas and at other times when traffic is particularly heavy.
5. I am finally to request that the attention of all concerned may be drawn to the necessity in the interests of public safety, of strictly enforcing the law and the rules either by the cancellation of existing leases under Section 13 or by the institution of prosecutions under the appropriate sections for every infringement.
Circulars regarding interpretation of Section 9 of the Bengal Ferries Act, 1885Letter no. 40-44, L.S.G.R., dated the 29th April, 1926, from H.E. Horsfield, Esq., I.C.S., Secretary to the Government of Bihar and Orissa, Ministry of Local Self-Government, to all Commissioners of Divisions.Subject. - Interpretation of Section 9 of the Bengal Ferries Act, (Act I B.C. of 1885).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 the 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, 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 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 ensuring paragraphs shall be strictly observed.2. Section 9 of the Bengal Ferries Act, prescribes lease by auction as the normal method of settling public ferries, and I am directed by Government to emphasise this fact and to state definitely that lease by public auction is to be regarded as the ordinary method of settlement in future. If in any case recourse is had to private settlement the special circumstances justifying that course must be reported through the local officers, for the information of Government at the earliest possible opportunity.
3. In conducting such auctions particular attention should be given to the following points:-
4. I am also to refer to Section 36 of the Act and to Notification No. 217-L.S.G., dated the 12th January 1905, by which the authority to transfer public ferries to local bodies (and by implication to resume them) was vested in Commissioner's Divisions. So far as transfer is concerned all public ferries with the exception of a very few which it is not now proposed to disturb have already been transferred and the power is in abeyance. As regards resumption it is considered necessary that there should be uniformity of practice throughout the province and it has therefore, been decided that the power to resume public ferries transferred to local bodies shall be withdrawn. The Notification of 1905 quoted above, will therefore, be cancelled in due course. I am now to request that if, in future, it seems to you or any District Magistrate under you that any public ferry transferred to a local body is being so mismanaged by that body as to render resumption desirable, you will report the case for the orders of Government.
I am to request you to communicate these instructions to District Magistrates and the first three paragraphs thereof to the District Boards of your division. The revision of the Model Rules on these lines will now be undertaken.Notification under Section 36 of the Bengal Ferries Act, 1885 regarding delegation of powers to Commissioners of DivisionsNotification No. 3403-L.S.G., dated the 1st December, 1904, by the Government of Bengal, Local Self-Government Department.In exercise of powers conferred on him by Section 36 of the Bengal Ferries Act, 1885 (Bengal Act I of 1885), the Lieutenant-Governor is pleased to delegate to Commissioners of Divisions in Bengal the following powers conferred upon him by clauses (a), (b), (c) and (f) of Section 6 of the said Act, namely:-| 1. | From Digha | to | Pahleza. |
| 2. | Ditto | to | Sabalpur-Mahendru. |
| 3. | Ditto | to | Sabalpur-Ranighat. |
| 4. | Ditto | to | Sonepur. |
| 5. | Ditto | to | Konhara. |
| 6. | Ditto | to | Barabanki. |
| 7. | Ditto | to | Litiahi. |
| 8. | From Mahendru | to | Pahleza |
| 9. | Ditto | to | Sabalpur-Mahendru. |
| 10. | Ditto | to | Sabalpur-Ranighat. |
| 11. | Ditto | to | Sonepur. |
| 12. | Ditto | to | Konhara. |
| 13. | Ditto | to | Barabanki. |
| 14. | Ditto | to | Litiahi. |
| 15. | From Ranighat | to | Pahleza. |
| 16. | Ditto | to | Sabalpur-Mahendru. |
| 17. | Ditto | to | Sabalpur-Ranighat. |
| 18. | Ditto | to | Sonepur. |
| 19. | Ditto | to | Konhara. |
| 20. | Ditto | to | Barabanki. |
| 21. | Ditto | to | Litiahi. |
| 22. | From Khajekalan | to | Pahleza. |
| 23. | Ditto | to | Sabalpur-Mahendru. |
| 24. | Ditto | to | Sabalpur-Ranighat. |
| 25. | Ditto | to | Sonepur. |
| 26. | Ditto | to | Konhara. |
| 27. | Ditto | to | Barabanki. |
| 28. | Ditto | to | Litiahi. |
| 29. | From Marufganj | to | Pahleza |
| 30. | Ditto | to | Sabalpur-Mahendru. |
| 31. | Ditto | to | Sabalpur-Ranighat. |
| 32. | Ditto | to | Sonepur. |
| 33. | Ditto | to | Konhara. |
| 34. | Ditto | to | Barabanki. |
| 35. | Ditto | to | Litiahi. |
| 36. | From Damriahi | to | Pahleza |
| 37. | Ditto | to | Sabalpur-Mahendru, |
| 38. | Ditto | to | Sabalpur-Ranighat. |
| 39. | Ditto | to | Sonepur. |
| 40. | Ditto | to | Konhara. |
| 41. | Ditto | to | Barabanki. |
| 42. | Ditto | to | Litiahi. |
| 43. | From Jethuli | to | Pahleza. |
| 44. | Ditto | to | Sabalpur-Mahendru. |
| 45. | Ditto | to | Sabalpur-Ranighat. |
| 46. | Ditto | to | Sonepur. |
| 47. | Ditto | to | Konhara. |
| 48. | Ditto | to | Barabanki. |
| 49. | Ditto | to | Litiahi. |