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The Ferries Act, 1885

( ACT NO. I OF 1885 )

Penalty for breach of provisions as to table of tolls, list of tolls and return of traffic
23. Every lessee or other person authorised to collect the tolls or a public ferry, who neglects to affix and keep in good order and repair the table of tolls mentioned in section 19,
 
 
or who wilfully removes, alters or defaces such table, or allows it to become illegible,
 
 
or who fails to produce on demand the list of the tolls mentioned in section 19,
 
 
and every lessee who neglects to furnish any return required under section 15,
 
 
shall be punished with fine which may extend to fifty Taka.
Penalty for taking unauthorised tolls, and for causing delay
24. Every such lessee or other person as aforesaid asking or taking more than the lawful toll, or without due cause delaying any person, animals, vehicle or other thing, shall be punished with fine which may extend to one hundred Taka.
Penalty for breach of rules made under sections 15 and 22
25. Every person breaking any rule made under section 15 or section 22 shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred Taka, or with both.
Cancellation of lease on default or breach of rules
26. When any lessee of the tolls of a public ferry makes default in the payment of the rent payable in respect of such tolls, or has been convicted of an offence under section 25, or, having been convicted of an offence under section 23 or section 24, is again convicted of an offence under either of those sections, the Magistrate of the district may, with the approval of the Commissioner, cancel the lease of the tolls of such ferry, and make other arrangements for its management during the whole or any part of the term for which the tolls were leased.
Penalties on passengers offending
27. Every person crossing by any public ferry who refuses to pay the proper toll, and every person-
 
 
who, with intent to avoid payment of such toll, fraudulently or forcibly crosses by any such ferry without paying the toll, or
 
 
who obstructs any toll-collector, or lessee of the tolls of any public ferry, or any of his assistants, in any way in the execution of their duty under this Act, or
 
 
who, after being warned by any such toll-collector, lessee or assistant not to do so, goes, or takes any animals, vehicles or other things, into any ferry boat, or upon any bridge at such a ferry, which is in such a state or so loaded as to endanger human life or property, or
 
 
who refuses or neglects to leave, or remove any animals, vehicles or goods from any such ferry-boat or bridge on being requested by such toll-collector, lessee or assistant to do so, or
 
 
who moors any boat, raft or other substance to, or in any way obstructs, any part of a public ferry.
 
 
shall be punished with fine which may extend to fifty Taka.
Penalty for plying within public ferry-course without license
28. Whoever conveys for hire any passenger, animal, vehicle or other thing in contravention of the provisions of section 16 shall be punished with fine which may extend to fifty Taka.
Fines payable to lessee
29. Where the tolls of any public ferry have been leased under the provisions hereinbefore contained, the whole or any portion of the fine realized under section 27 or section 28 may be, at the discretion of the convicting Magistrate or Bench of Magistrates, paid to the lessee.
Penalty for rash navigation and stacking of timber
30. Whoever navigates, anchors, moors or fastens any vessel or raft, or stacks any timber, in a manner so rash or negligent as to damage a public ferry, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both; and the toll-collector or lessee of the tolls of such ferry, or any of his assistants, may seize and detain such vessel, raft or timber pending the inquiry and assessment hereinafter mentioned.
Power to arrest without warrant
31. The police may arrest without warrant any person committing an offence against section 27 or section 30.
Magistrate may assess damage done by offender
32. Every Magistrate or Bench of Magistrates trying any offence under this Act may inquire into and assess the value of the damage (if any) done or caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him in addition to any fine imposed upon him under this Act; and the amount so ordered to be paid shall be leviable as if it were a fine, or when the offence is one under section 30 by the sale of the vessel, raft or timber causing the damage, and of anything found in or upon such vessel or raft.
 
 
The Commissioner may, on the appeal of any person deeming himself aggrieved by an order under this section, reduce or remit the amount payable under such order.

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Ministry of Law, Justice and Parliamentary Affairs