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The Northern Indian Ferries Act, 1878

Year of Passage: 1878 | Type: Bare Act

Section 1 Short title

This Act may be called the Northern India Ferries Act, 1878. Local extent.--1[It extends only to Uttar Pradesh, Punjab, the Central Provinces, Assam, Delhi andAjmer.] Commencement.--It shall come into force in each of the said territories on such date as the StateGovernment may, by notification in the Official Gazette, fix in this behalf.

Section 2 [Repealed.].

[Repeal].--Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.

Section 3 Interpretation-clause.

In this Act the word "ferry" includes also a bridge of boats, pontoons orrafts, a swing-bridge, a flying-bridge and a temporary bridge, and the approaches to, and landing-placesof, a ferry 1[and "Punjab" and "Ajmer" mean the territories which, immediately before the 1st November,1956, were comprised in the States of Punjab and Ajmer respectively].

Section 4 Power to declare establish define and discontinue public ferries.

The State Government mayfrom time to time-- (a) declare what ferries shall be deemed public ferries, and the respective districts in which, forthe purposes of this Act, they shall be deemed to be situate; (b) take possession of a private ferry and declare it to be a public ferry; (c) establish new public ferries where, in its opinion, they are needed; (d) define the limits of any public ferry; (e) change the course of any public ferry; and (f) discontinue any public ferry which it deems unnecessary. Every such declaration, establishment, definition, change or discontinuance shall be made bynotification in the Official Gazette: 1[Provided that when a river lies between two States, the powers conferred by this section shall, inrespect of such river, be exercised jointly by the State Governments of those States by notifications intheir respective Official Gazettes 2***:] Provided also that, when any alteration in the course or in the limits of a public ferry is renderednecessary by changes in the river, such alteration may be made, by an order under his hand, by theCommissioner of the Division in which such ferry is situate, or by such other officer as the StateGovernment may, from time to time, appoint by name or in virtue of his office in this behalf.

Section 5 Claims for compensation.

Claims for compensation for any loss sustained by any person inconsequence of a private ferry being taken possession of under section 4, shall be inquired into by theMagistrate of the district in which such ferry is situate, or such officer as he appoints in this behalf, andsubmitted for the consideration and orders of the State Government.
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