THE TELANGANA FERRIES ACT, 1314 F. (ACT NO. II OF 1314 F.) ARRANGEMENT OF SECTIONS Sections
1. Short title and commencement.
2. Definitions.
3. Powers of Government regarding Government ferries.
4. Inquires as to compensation in case of private ferry being taken over by Government.
5. Management of Government ferry shall be entrusted to collector.
6. Assignment of management of public ferry to local authority.
7. Leasing out tolls.
8. Amount may be recovered from lessee and his surety under Government Demands Act.
9. Cancellation of lease.
10. Surrender of lease by lessee.
11. Power of Government to make rules.
12. No private boat shall be plied within two miles of Government ferry without sanction.
13. Tolls.
14. Table of tolls.
15. Duty of lessee regarding submission of returns required.
16. Application of amounts realised.
17. Rate for use of Government ferry for definite period. 2 [Act No. II of 1314 F.] PRIVATE FERRIES.
18. Power to make rules.
19. Tolls. PENALTIES AND PROCEDURE.
20. Penalty for breach of provisions as to table of toll and preparation of returns.
21. Penalty for collecting in excess of prescribed toll or detaining passengers, etc.
22. Penalty for breach of rules made under section 11 or 18.
23. Lease may be cancelled in case of breach of rules.
24. Penalty to passengers offending.
25. Penalty for maintaining private ferry within prohibited limits.
26. Amount of fine may be paid to lessee.
27. Penalty for negligent plying of boat.
28. Power to arrest without warrant.
29. Power of summary trial.
30. (1) Magistrate to assess damage caused by offender.
(2) Appeal. MISCELLANEOUS PROVISIONS.
31. Collector may take possession of boats etc., on surrender of lease by lessee or on cancellation of lease.
32. Power to take possession of boats etc., in case of emergency.
33. Suit shall not be cognizable by Civil Court. THE TELANGANA FERRIES ACT, 1314 F.1 ACT No.II OF 1314 F.
1. This Act may be called 2[the Telangana Ferries Act, 1314 F.], and it shall come into force from the 1st day of Azur, 1315 Fasli.
2. For the purposes of this Act, the word “ferries” includes boats and quays and the word “boat” includes vessels, tokras, pontoons, rafts and sangars.
3. The 3[Government] may by notification,-
(a) declare the ferries which shall be deemed Government ferries and the district in which, for the purposes of this Act, they shall be deemed to be situate;
(b) take possession of any private ferry and declare it to be Government ferry;
(c) establish new Government ferries wherever needed;
(d) determine the limits of any Government ferry;
(e) alter the course of any Government ferry;
(f) discontinue any Government ferry which is not needed:
1. The Andhra Pradesh (Telangana Area) Ferries Act, 1314 F. in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted for the words “Sarkari-i-Aali” by the Andhra Pradesh Adaptation of Laws Order, 1957 (A.P.A.O. 1957). Definitions. Powers of Government regarding Government ferries. Short title and commencement. 2 [Act No.II of 1314 F.]
Provided that when an alteration is necessary in the course or in the limits of a Government ferry by reason of the diversion of a river or brooke, the 4[collector] of the district in which the ferry is situate or other officer whom the 5[Government] may appoint may, by an order in writing, make such alteration.
4. When a private ferry is declared to be a Government ferry under clause (b) of section 3, and any person claims compensation in respect thereof, the 4[Collector] of the district in which such ferry is situate shall inquire into the claim and submit his report through the 6[Secretary, Local Administration Department] for order of the 5[Government].
5. The superintendence of every Government ferry shall be entrusted to the 4[Collector] or to such officer as the 5[Government] may appoint in this behalf; and the 4[Collector] or the said officer shall supply all the material necessary for the management of the ferry and shall be responsible for the collection of the authorised tolls thereat, except that the management in respect of the tolls at such ferry has been made under section 6 or section 7. 7[6. The Government may assign the management of any public ferry to the local authority within the limits of whose jurisdiction such ferry is wholly or partly situated, and may further direct that the whole or part of the proceeds accruing therefrom be paid into the fund of the concerned local authority; and thereupon such ferry shall be managed and such proceeds or part thereof shall be paid accordingly.]
4. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
5. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
6. Substituted for the words “Subedar-e-Simt” (Subedar of the division) by A.P.A.O. 1957.
7. Substituted for section 6 by A.P.A.O. 1957. Inquires as to compensation in case of private ferry being taken over by Government. Management of Government ferry shall be entrusted to 4[collector]. Assignment of management of public ferry to local authority. [Act No.II of 1314 F.] 3
7. The lease to collect any toll at a Government ferry may be auctioned by such officer as may be appointed by the Government for this purpose. The lessee shall follow the rules made under this Act for the management of such ferry. The lessee shall also have to furnish, within the time fixed, such security for the payment of amount as the officer appointed by the Government to auction the lease may deem fit.
8. The amount recoverable from a lessee or his surety may be recovered under the 8Government Demands Act No.IV of 1308 F.
9. (1) The 9[Government] may cancel the lease after giving three months previous notice to the lessee. When any lease is cancelled under sub-section (1), the 10[Collector] shall, after inquiry, submit a report as to the amount of compensation to be paid to the lessee; and the 9[Government] may pass proper orders thereon.
10. The lessee may surrender the lease after giving at least one month’s previous notice in writing and on payment of such compensation as the 10[Collector] may propose with the approval of the 11[Secretary, Local Administration Department] (in case the auction be for one year) or with
8. Repealed by A.P. Act VI of 1959.
9. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
10. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
11. Substituted for the words “Subedar-e-Simt” (Subedar of the division) by A.P.A.O. 1957. Leasing out tolls. Amount may be recovered from lessee and his surety under Government Demands Act. Cancellation of lease. Surrender of lease by lessee. 4 [Act No.II of 1314 F.] that of the 12[Government] (in case the auction be for a period of more than one year).
11. The 12[Government] may make rules for the following matters:-
(a) the management of Government ferries and the traffic thereat;
(b) the manner for the auction of a lease to collect toll at a Government ferry, the time for the auction of lease, the period of a lease and the terms thereof and the persons by whom the officer appointed for auctioning the lease shall cause the proceeding of the auction completed;
(c) when a ferry is discontinued, for awarding compensation to persons who have already paid the amount for the use of such ferry for a fixed period and the period has not expired;
(d) generally to carry out the purposes of this Act; and when a lease has been given under section 7, rules may also be made for the following matters;
(e) for the payment of instalments recoverable from the lessee;
(f) in cases in which the traffic is by boats,-
(1) for regulating the number, kind, dimensions and equipments of the boats;
(2) for the number of sailors to be kept by the lessee on each boat;
12. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957. Power of Government to make rules. [Act No.II of 1314 F.] 5
(3) for the maintenance of the boats continually in a good condition;
(4) for the hours during which the lessee shall ply the boats;
(5) for the number of passengers, animals and vehicles, and the bulk, and weight of other things which may be sent in the boat in view of its kind.
12. (1) No person shall establish a private ferry within two miles from the limits of any Government ferry, without the sanction of the 13[Collector] or the officer appointed by the 14[Government] for this purpose under sections 5.
(2) The 14[Government] may, by notification, reduce or increase the distance of two miles mentioned in sub-section
(1), for any specific ferry.
(3) Sub-section (1) shall apply to the following cases:–
(a) boats which are not plied on hire,
(b) boats which the 14[Government] may exempt from the provisions of this section,
(c) the traffic between two places, the distance between which is not less than three miles and one of which is situate within and the other beyond two miles of the limits of a Government ferry.
13. Toll, according to the rate as is fixed by the 14[Government] shall be levied on every man, animal, vehicle or any other thing crossing any Government ferry:
13. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
14. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957. No private boat shall be plied within two miles of Government ferry without sanction. Tolls. 6 [Act No.II of 1314 F.]
Provided that-
(1) when any man, animal, vehicle or other thing crosses for the Government purposes, no toll shall be collected thereon;
(2) the 15[Government] may declare any man, animal, vehicle or other thing to be exempt from toll;
(3) where after leasing out tolls under section 7, the 15[Government] declare any man, animal, vehicle or other thing to be exempt from the toll, the lessee shall be entitled to rebate of such compensation, as may be awarded by the 16[Collector] or any other officer whom the 15[Government] may appoint for this work.
14. The lessee or the person authorized to collect toll at any Government ferry shall,-
(1) keep affixed at some conspicuous place near the ferry, a table of the prescribed tolls printed or legibly written 17[XXX] in the language spoken in the district;
(2) produce on demand the table of the prescribed tolls bearing the signature of the 16[Collector] or any other authorised officer.
15. The lessee shall prepare and submit the statements regarding the transit and tolls as required by the 16[Collector] or other authorised person.
15. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
16. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
17. The words “in Urdu and” were omitted by the A.P.A.O. 1957. Table of tolls. Duty of lessee regarding submission of returns required. [Act No.II of 1314 F.] 7
16. 18[(a) Subject to the provision of section 6 the amounts realised in accordance with this Act in respect of toll, lease, compensation or fine shall be applied in carrying out the purposes of this Act;
(b) The surplus, if any, may be applied to such works as the 19[Government] may direct and are suited for the amenity and welfare of the people.]
17. The 19[Government] may prescribe a special rate of toll which when once paid shall entitle any person to use a Government ferry for fixed period. PRIVATE FERRIES.
18. The 19[Government] may make rules for the maintenance of order and for the safety of passengers and property at ferries which are not Government ferries.
19. The tolls collected at such ferries shaIl not exceed the rate fixed for Government ferries under section 13. PENALTIES AND PROCEDURE.
20. (1) If a lessee or other person authorised to collect the tolls of a Government ferry,-
(a) neglects to affix the table of the prescribed tolls mentioned in section 14; or
(b) wilfuIly removes such table or makes any alteration therein or defaces it or aIlows it to become illegible; or
18. As amended in accordance with clause (b) of section 159 of the Hyderabad District Boards Act No.III of 1352 F.
19. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957. Application of amounts realised. Rate for use of Government ferry for define period. Power to make rules. Tolls. Penalty for breach of provisions as to table of toll and preparation of returns. 8 [Act No.II of 1314 F.]
(c) does not produce, on demand, the table bearing signature as mentioned in section 14 he shall be liable to fine which may extend to fifty rupees.
(2) If a lessee neglects to furnish any return required under section 15, he shaIl be liable to fine which may extend to fifty rupees.
21. If a lessee or any person authorised to collect toll or a person in possession of a private ferry demands or collects a toll in excess of the prescribed toll or without any sufficient cause detains any man, animal, vehicle or other thing, he shall be liable to a fine which may extend to one hundred rupees.
22. If any person breaks any rule made under section 11 or section 18, he shall be punished with imprisonment for a term which may extend to two months or with fine which may extend to two hundred rupees, or with both.
23. When any lessee makes default in the payment of the amount of the lease, or has been convicted under section 22, or having been sentenced under section 20 or section 21, is again convicted of any offence mentioned in the said sections, the 20[Collector] may, with the sanction of the 21[Secretary, Local Administration Department] (in case the auction be for one year), or with that of the 22[Government], (in case the auction be for a period of more than one year), cancel the lease and make any other suitable arrangement for the remaining period of the lease.
20. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
21. Substituted for the words “Subedar-e-Simt” (Subedar of the division) by A.P.A.O. 1957.
22. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957. Penalty for collecting in excess of prescribed toll or detaining passengers, etc. Penalty for breach of rules made under section 11 or 18. Lease may be cancelled in case of breach of rules. [Act No.II of 1314 F.] 9
24. Any person,-
(1) who refuses to pay toll after making use of a Government ferry shall be liable to a fine which may extend to twenty-five rupees;
(2) who, with intent to evade payment of toll fraudulently or forcibly uses any Government ferry without paying the toll; or who obstructs any toll collector, lessee of a Government ferry or any of his clerks, while he is discharging his duties under this Act shall be liable to a fine which may extend to fifty rupees;
(3) who on being prohibited by a toll-collector, lessee or any of the clerks of a Government ferry takes any animal, vehicle, or other thing or himself goes by any boat, which is in such a state or specially loaded as to endanger human life and property; or who on being requested by a toll-collector, lessee or any of his clerks refuses or neglects to remove any animal, vehicle or other thing from such boat or to alight therefrom shall be liable to a fine which may extend to one hundred rupees.
25. Any person who establishes a ferry in contravention of the provisions of section 12, shall be liable to a fine which may extend to three hundred rupees, and if he maintains it on being sentenced shall be liable to a further fine which may extend to one hundred rupees for every day. Penalty to passengers offending. Penalty for maintaining private ferry within prohibited limits. 10 [Act No.II of 1314 F.]
26. When any Government ferry has been leased out in accordance with the provision contained in the above sections, any portion not exceeding two thirds of the amount of fine realised under section 24 or 25 may, notwithstanding the provisions of section 16, be at the discretion of the Magistrate paid to the lessee.
27. Any person when plies, draws to a siding or fastens boat so negligently or carelessly as to damage any Government ferry, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to three hundred rupees, or with both; and the toll-collector, lessee or his clerk may detain such boat pending the enquiry and determination of damage mentioned hereinafter.
28. The police may arrest without warrant any person committing any offence mentioned in section 24 or section
27.
29. Any Magistrate having power for summary trial may try and determine summarily any offence mentioned in this Act.
30. (1) A Magistrate trying any offence mentioned in this Act may also determine the compensation for damage caused by an offender to the Government ferry and may in addition to the fine imposed on him under this Act, also order for the payment of the amount of compensation, which shall be recovered as fine and which, in case of an offence mentioned in section 27, shall be realised by the sale of the boat causing the damage or of anything belonging to the offender and found on the boat.
(2) Any appeal against compensation ordered under sub-section (1) shall lie in the same court in which the appeal against sentence lies. Amount of fine may be paid to lessee. Penalty for negligent plying of boat. Power to arrest without warrant. Power of summary trial. Magistrate to assess damage caused by offender. Appeal. [Act No.II of 1314 F.] 11 MISCELLANEOUS PROVISIONS.
31. When a lessee surrenders the lease under section 10, or his lease is cancelled under section 23, the 23[Collector] may keep in use his boats and equipment of ferry, until all necessary materials of ferry have been collected; in such a case, such compensation as the 24[Government] may direct shall be paid to the lessee.
32. When a boat or the equipments thereof or any other material of a ferry are emergently required for transport of any man, animal, vehicle or other thing on service of 25[XXX] the Government, 23[Collector] may take possession and use the same:
Provided that such compensation shall be paid for the use thereof as the 24[Government] may in each case direct.
33. A suit instituted for the determination of the amount of compensation or abatement of the lease-money when such amount is payable under this Act shall not be cognizable by any Civil Court. * * *
23. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
24. Substituted for the words “Sarkari-i-Aali” by the A.P.A.O. 1957.
25. The words “Aala Hazrat Bandagan-i-Aali Ya” (H.E.H. the Nizam or) were omitted by the A.P.A.O. 1957. Collector may take possession of boats etc., on surrender of lease by lessee or on cancellation of lease. Power to possession of boats etc., in case of emergency. Suit shall not be cognizable by Civil Court. E:\Uploading PDF Documents\Uploading word 1308 F-1950\1314 - 1\II of 1314 F. The Telangana Ferries Act, 1314 F\Index.docx E:\Uploading PDF Documents\Uploading word 1308 F-1950\1314 - 1\II of 1314 F. The Telangana Ferries Act, 1314 F\Act II of 1314 F..docx