Power to take possession of boats and other appliances on surrender or cancellation of lease
33. On the cancelment or surrender of a lease, the Magistrate of the district may take possession of all boats and other appliances which have been used by the lessee in the working of the ferry; and may either retain the same permanently on payment of a fair price to the proprietor, or may retain them for such time as may be necessary, not exceeding three months, until he can make arrangements for such other boats and appliances as may be necessary, in which case the Magistrate of the district shall pay a fair sum to the owners for the use of the said boats and appliances:
Provided that, within a week of taking such possession, the Magistrate of the district shall be bound to give notice to the said lessee of his intention to retain the said boats and appliances permanently, or for a period to be specified in the notice.
Similar power in cases of emergency
34. When any boats or their equipments, or any materials or appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers or troops of the 1[Republic] on duty, or of any other persons on the business of the 2[Republic] or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of the 3[Republic], the Magistrate of the district may take possession of and use the same (paying such compensation for the use thereof as the 4[Government] may 5[* * *] direct, until such transport is completed.
Management may be vested in local authority
35. It shall be lawful for the Government to order that any public ferry shall be managed by a local authority having jurisdiction over the area or any part of the area in which such ferry is situated; and such local authority shall have all the powers vested in the Magistrate of the district under this Act except the powers specified in sections 7, 17 and 32, and thereupon the ferries shall be managed accordingly.
Delegation of powers
36. The Government may, from time to time, delegate, under such restrictions as it thinks fit, any of the powers conferred on it by this Act to any Commissioner or Magistrate of a district, or to such other officer or authority as it thinks fit, by name or by official designation.
The word “Government” was substituted, for the words and commas “Central Government, where the transport is in connection with the affairs of the Central Government, and the Provincial Government in other cases” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
