Section 12 of The Northern Indian Ferries Act, 1878
1[(1)] Subject to the control of the State Government, the Commissioner of a division, or such other officer as the State Government may, from time to time, appoint in this behalf, by name or in virtue of his office, may, from time to time, 2[by notification in the Official Gazette, make rules] consistent with this Act--
- (a)for the control and the management of all public ferries within such division and for regulating the traffic at such ferries; 3[(b) for regulating the time and manner at and in which, and the terms on which, the tolls of such ferries may be let by auction, and prescribing the persons by whom auctions may be conducted;]
- (c)for compensating persons who have compounded for tolls payable for the use of any such ferry when such ferry has been discontinued before the expiration of the period compounded for, and
- (d)generally to carry out the purposes of this Act; and, when the tolls of a ferry have been let under section 8, such Commissioner or other officer may, from time to time (subject as aforesaid), make additional rules consistent with this Act--
- (e)for collecting the rents payable for the tolls of such ferries;
- (f)in cases in which the communication is to be established by means of a bridge of boats, pontoons or rafts, or a swing-bridge, flying-bridge or temporary bridge, for regulating the time and manner at and in which such bridge shall be constructed and maintained and opened for the passage of vessels and rafts through the same; and
- (g)in cases in which the traffic is conveyed in boats, for regulating (1) the number and kind of such boats and their dimensions and equipment; (2) the number of the crew to be kept by the lessee for each boat; (3) the maintenance of such boats continually in good conditions; (4) the hours during which, and the intervals with in which the lessee shall be bound to ply; and (5) 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. The lessee shall make such returns of traffic as the Commissioner or other officer as aforesaid may, from time to time, require. 4[(2) Every rule made under this Act by the Commissioner of a division or the officer appointed by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.]
Summary
- Subject to the control of the State Government, the division Commissioner or an appointed officer can make rules for public ferries.
- These rules must be published by notification in the Official Gazette and remain consistent with this Act.
- The rules govern the general control, management, and traffic regulations of public ferries, as well as letting tolls by auction.
- If a ferry is discontinued early, the rules provide for compensating people who paid for their tolls in advance.
- When tolls are let under Section 8, the Commissioner can make additional rules regarding rent collection, bridge construction, boat specifications, crew size, and passenger or cargo limits.
- Every rule made under this section must be laid before the State Legislature as soon as possible after it is made.
Practical examples
FAQ
1. When can the Commissioner make additional rules regarding boat crew, dimensions, and plying hours?
These additional rules can be made only when the tolls of the public ferry have been let under Section 8.
2. What must happen to a rule after it is officially made?
Every rule must be laid before the State Legislature as soon as possible after it is made.
Test yourself
Q1.Under Section 12 of The Northern Indian Ferries Act, 1878, who is primarily empowered to make rules for public ferries, subject to State Government control?
Q2.Under Section 12 of The Northern Indian Ferries Act, 1878, how does the cross-reference to Section 8 affect the rule-making power for public ferries?
Q3.Under Section 12 of The Northern Indian Ferries Act, 1878, how must a rule made by the Commissioner be officially published to take effect?
Q4.Under Section 12 of The Northern Indian Ferries Act, 1878, what must happen to every rule after it has been officially made by the Commissioner or appointed officer?