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Rules Under Section 12 of the Northern India Ferries Act, 1878

Rules Under Section 12 of the Northern India Ferries Act, 1878

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Sections

1. The lessee of this ferry shall be bound to cross over at any time during the day/day or night any person wishing to cross with his animals, luggage and conveyance; but may refuse to cross over any person, animals or conveyances until to the toll leviable thereon has been paid or a season ticket or a pass produced.

Section 1

2. The lessee shall not levy tolls on persons, animals or conveyances crossing by a private boat not used for hire without using the approaches to the ferry. A private ferry will not, however, be allowed to ply within two miles of a private ferry under Section 13 of the Northern India Ferries Act of 1878.

Section 13

3. The full rates of tolls leviable by the lessee shall be as specified in the schedule attached, subject to the exceptions hereinafter provided; and to the provision that any person may compound for the tolls payable for the use of the ferry.

Section 3

4. The Chief Engineer retains the rights to include new items with rates not covered by the existing schedule of tolls whenever in his opinion it becomes necessary during the tenure of the lease of agreement.

Section 4

5. The following ferry appliances will be provided and maintained in good repair by the Executive Engineer :

Section 5

6. The lessee is required to employ and keep available always at his own expense one/two licensed driver(s) and three boatmen for each marboat, plying with an engine by day, and at least four boatmen for each marboat without engine, if plied and two boatmen for a single boat plying by day/day and night. He shall immediately discharge any driver or boatman whose conduct or ability may not be considered as satisfactory by the Executive Engineer

Section 6

7. Petrol for running engines shall be purchased and supplied by the lessee, the mobil oil and grease shall be purchased by him from the Executive Engineer at current stock rates and from no other source, without the written approval of the Executive Engineer. If for any reason petrol is not available, or an engine cannot be supplied the ferry shall be operated without the use of the engine, and such compensation as may be adjudged adequate on the basis of the record of traffic returns maintaine

Section 7

8. The ferry shall be operated by day only/day and night with the full complement of men provided for in Clause 6. For this purpose the day will be reckoned from one hour before sunrise to one hour after sunset. But the Chief Engineer, Assam retains the right to order plying the ferry at night if it should become necessary under special circumstances without any extra payment.

Section 6

9. The marboat fitted with the engine shall not, without the written permission of the Executive Engineer, be plied with the engine running, except during the day.

Section 9

10. The lessee shall, during the period of lease, mark with buoys or in any other suitable manner, all submerged obstructions or dangerous rocks in the rivers within half-a-mile of the landing ghats and shall be held responsible for any loss or damage caused to the marboats striking against such submerged obstructions or dangerous rocks.

Section 10

11. Approach roads to all the ferries are constructed and maintained by the Public Works Department. The lessee is responsible for conveying immediate information of damage to approaches to the nearest Public Works Department moharrir or subordinate in-charge of the road and for making temporary arrangement to prevent the interruption of traffic the cost of which will be paid by the Public Works Department. The Public Works Department provides sufficient means for embarking and dis-embarking all

Section 11

12. The number of passengers, animals, vehicles and weight of other things carried at one time shall not be such as to submerge the white line which marks the minimum free board. This line is painted by the Public Works Department on all mars or boats supplied by such authorities. It is of a breadth of not less than two inches and will run round the boat from stem to stern.

Section 12

13. The lessee shall provide two sheds 15 feet by 15 feet for the temporary accommodation of travellers one at each side of the ferry.

Section 13

14. The lessee shall provide and maintain light throughout the night on each side of the ferry ghats two incandescent lamps of not less than 200 candle power each and of a type approved by the Executive Engineer.

Section 14

15. The lessee shall not sublet the ferry.

Section 15
Part I

16. The lessee shall hung up a copy of this lease and copy of a Part I of the Ferry Rules, in English and Assamese attached to a board on the outside of his shed at the ferry.

Section 16

17. The lessee shall not refuse to give change for any silver coin or currency notes up to Rs. 2 in value offered to him.

Section 17

18. A register in the form prescribed by the Executive Engineer shall be kept in which all vehicles crossing the ferry shall be noted.

Section 18

19. The lessee shall perform the duties of a village watchman as defined in Section 45, Code of Criminal Procedure.

Section 45

20. In addition to the persons, animals, vehicles and other things employed or transmitted on the public service which under Section 15 of Act 17 of 1878 and Section 3 of Act 2 of 1901 are exempted from the payment of tolls, the lessee shall cross over free of tolls :

Section 15

21. The lessee must cross over dak runners carrying mails, any member of the police force in uniform and doctors at any time during the night or day.

Section 21

22. Every person exempted from payment of toll when using the ferry shall enter his name and address in a book supplied and maintained by the lessee for this purpose.

Section 22

23. The lessee shall not knowingly cross over bad characters, outlaws or fugitives from justice and he shall give every assistance to the Police and other Government Officers in the apprehension of offenders. But this clause shall not warrant him in arresting labourers or other persons on the ground that he knows or suspects them to be absconding from service.

Section 23

24. The lessee is liable to the following penalties :

Section 24

25. The lessee is authorised to draw the attention of travellers to the following provisions of the law :

Section 25

26. Every person breaking any rule under Section 12 or Section 19 of Act 17 of 1878 shall be punished with imprisonment for a term which may extend to six months or with a fine which may extend to Rs. 200 or with both.

Section 12

27. The lessee shall pay the purchase money in the following instalments :

Section 27

29. The Executive Engineer may at his discretion deduct from the sum deposited as security such amount as may, in his opinion, be necessary to make good any damage or loss sustained by the vessels or other property or appliances otherwise than by fair wear and tear.

Section 29

30. The lessee shall maintain a bound book which shall be produced on demand by any traveller for noting any remarks.

Section 30

31. In the event of river or crossing being bridge permanently during, the tenure of the lease, the lease will be cancelled in one calendar month's notice being given in writing to the lessee and no compensation will be payable for any loss sustained by the lessee or for any other reason due to such cancellation.

Section 31

32. Any sum due to Government under any clause of this lease may, unless otherwise provided for, be recovered from the security deposit of the lessee and in the event of such sum not being covered within the security deposit the balance be recovered as an arrear of land revenue from the lessee.

Section 32

33. The lessee will have no claim for compensation or remission or refund of any portion of kists money on account of closure of traffic for a continuous period not exceeding 15 days due to any bridge or a road having been damaged by flood, earthquake or otherwise.

Section 33