DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Canals and Public Ferries Act, 1890
Act 2 of 1890
Keyword(s):
Canals, Public Ferries, Vessel, Channel, Line of Navigation, Public Ferry Amendment appended: 7 of 1939
1
Preemblo. Canuls and P ~ b l i c Ferries [1890: T.N. ,Act 11 (Tr\MIL NADU) A('T No. II OF 1890'.
An Act to make better provision for the i establishment of Canah and Public Ferries
. in the ' [State of Tamil Nadu] and for the management thereof.
I I
I
WHTCRRAS it i~ ospedienl to ~ n i ~ l t o l~cttcr provisioni for the establishmoat of canals and public ferries in the ' [State of Tamil Nadu] and for the lnanagrment thereof ; I t is enacted as follows I-
Short title I. This Aot may be called the ' [Tamil Nadu] Canals and 10-1 and Public Ferries Act, 1890.
oxtent.
It extends to the whole of the '[State of Tamil
Nadu].
These words'were substituted for the word " Madras " by
Che Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, whioh came into force on the 14th January 1969. For Btatomont of Objoot~ and Ronsolln ~cc Port Ocorge ffasetlc
Supplomo~it, datod tho 3rd Decombcrr 1889, p. 3 ; for Report of the Select Committee, see ibid, dated the 25th February 1890, p. 1 ; for Procoodings in Council, 8es ibid, dated tho 28th January
1890, p. 2 and ibid, dated tho 1st Arril 1690, p. 3. This Act was extended to the mcrged Stato of Pudukkottai by section 3 of, and the First Scliedulo t , t , t,lie Tamil Nadu Morgcd States (Laws] Act, 1949 (Tamil Nndu Aft XXXV of 1940).
T h i ~ Apt wns extonded to tho ICanyakumari district and the Shonoottah ialuk of the Tirunelvoli d . ~ t l ~ c t by section 3 of, and tho Piret Schcdule to, tho Tamil Nadu (Transferrod Territory) Extension of Laws Act. 1060 (Tamil Xndu Act 23 of 3901)), which carno into force on the J u t April 1981 rcpcaling the cor~.osponding law in t$at tcrrritory.
Thin expressio;, was substituted for the oxpression " Prwi.
denoy of Madras by tlio Tamil Nedu Adaptation of Lawe Order, 1970, which was deemed to havo coma into foroo on the 14th January 1960
2
3 ', &, '\
P 1890 : T.N. Act 111 Canals and 'Public Terries 40 7
I
2. [Repeal.] Rep., by the Repealing and Amending Act, 1901 (Central Act XI of 1901).
3. In this Act " vessol " include^ any ahip, Large, Dofijlitioln. boat, raft, timber, bamboos or flocting materi~ls propelled in any manner :
" channel " inoludes any waterway, whether natural or criificisl :
" line of navigation " lileans any ni,vigsble channel, or :,cries of aonneoted navigable ck~nnels :
" cc,nitl" mews a line of nlbvigtitiun dcclr,rad to bo :,ubjcct to the provision:; of th:, Act :
" ferry " mews r, pl: ce nt which goocl.,. : ~iii~~;cl:, or piissengcrs arc con3l:ycd t.cro:s i, h; ,lui(hl Gy meailfi of vcssc4s : ,.ein,
bhereto '
I' public fcr1.y $ n fcmy declared to bc subject to tho proviajh any vbtionc.; 9 to 18 of this Aot].
' 9 of any 4. The ' [~ t a t c clo.-t,]nmont] may, by nolifi~ation in t h e '[Offickl Gnzotto], dcclare any line of navi- to any lirle @tion to be :;ubject to tho provisions of this Act from of riel iga-
a date to bo named in such notification, snd may in tion& like m?nner ci\ncel or modify any snch notification.
'[5. All vcasols 11~;ing a c;nn;il shidl bo eithur v"ssels to bo registered 01 licensed or segihterc-d a:, the '[St;cte Govornmc:nt] may lic,sc,l dire& :] directed by
-- .I - Government
1 These words anJ figures wero substituted for the words " this Act " by section 2 of the Canals and Public Ferries (Amendment)
Act, 1941 (Madras Act XX of 1941). This Act was permanently re-onacted by section 2 of, and the Birst Schedule to, the Tamil Nadu Re-cneciod and Rcpnling (No. I) Act, 1948 (Tamil Ndu
Act VII of 1948). a Tho words " Provincial Government " woro substituted for the words " Go\rernor in Cou~lcil " ty the Adaptation Order of 1937 and tho word "Btato " wns substituted for " Provincial" by tho Adaptation Ordor of 1080.
1 These words were substituted for the words '' ll'ort St. George OIOzeOe " by the Adaptntior, Order of 1937.
'This section wan substituted by Madras Act II of 189s.
section 1.
3
408 Canals and Public Ferries [I890 : T.N. A.t.11
'[Provided that the 2[State Government] m%y exempt from the operation of this section all 01, any vessels or clmses of vessels using a canal or portion of a canal.]
6. The '[State Governmentlmay from time to tin:^-- Power t o
fix fees end (a ) fix rates of fees payable for the licensing or of registration of vesseIs ;
and to eatablbh
toll-stations. ( b ) establish stations a t which tolls shall be levied on vessels passing along a ccnal or on pssseng~rs, vehicles, animrll:, or goods landed therefrom, and fix the r~,tes of suci tolls ;
(c) fix few for the use of publio landing places, wl~arves, piom, jetties, dockri, b Gns, lie-byes, sidings, sheds or ware-houses provkled for tho aooommodation of vessel*; using a canal or of goods or passtngers carried or to be oarried thereon and for demurrage on vessols or goocls detained therein.
A notification of such tolls or fees under claufiea
( b ) ~ n d (c) of this section shall be exhibited to public view in Xngiiah and in the vernacular 1a.nguage of the district a t the place8 where such tolls or fees are leviable.
Power of 7. Any person duly empowerecl by 3[the State p.raon duly Government] in this behalf may- authorized to
impone ( i ) suspend or cancel the licencc or registration punishment of any vessel in case of brenoh of any oondition tlloreof, for bremh I $
oondition of or in lieu of such suspension or csncell:l.tion or of lioence and proseoution may recover from the perhon in charge " with of the vessel a penalty not exceeding five rupees for any obetruo- tion or with each such breach ;
navign:ion in
contravention (ii) remove fi*om the canal any vemel which may
of at. be sunk or abandoned therein, and may rccovor : ny
expense incurred in so doing by the ~ a l c of t,hc: vo ,sol; -
1 Thi.; prnvi-o was added to u.6 b y s.? of Madras Act, V of 1914.
8 The words "Provinc~al Governmalt" were substitut, d for words "Gov rnor in Counc~l" by th Adaptation Order of 1937 fin,. ths word ''Statr>" waq s~thstituted for *'Provinci 1" I,y th r JdapLation Otdcr of 1950.
8 Th words '> th Provincin' Gov I rlmrnt" wcrcL nb'tit ut c d for tho w.wd ~ ~ o v e r n n l e n t " by tho Adap: f ion Oldnr of 1937 and t h l word "Stat *" w i ~ , wrrbstitut d for ~'Pro~rillciol" b y th- Adapta-
tfl(,n Order of 1960
4
1890 : T.N. Aot 11] Canals and Public Perrz'e~
a vessel left for more than three days without a coiupetent person in charge shall be held to be abandoned ;
(iii) in case of emergency remove any other obstruction, or contrivance for fishing, or other thing which is an impediment to navigation, or in other cases serve notice upon the owner, if any, bo remove anF such thing within a reasonable time to be stated in the notice, failing which he may remove it himself. Expensesincuhed under this clause ahall bc recoverable from the owner : Provided always that, in cases of interference with private rights reasonable compen- sation shall be payable ;
(iv) prohibit the construction of any contrivance for fishing or for any other purpose in the canal 'or any erection therein or on a tow-path or other land appurtenant thereto ;
(v) stop any vessel navigating the canal in contravention of any of the provisions of this Act or of any rule made or any condition of licence or registra- tion prescribed thereunder, and may detain i t until the same is complied with or until penalty has been paid or recovered under clause (i) of this oection or until the offence, if any, has been inquired into and disposed of.
Powers under this section may be conferred either by name or in virtue of an office.
' [7-A. (1) The a(State) Government may, by Power todeclare
notification in the Fort St. George Gazette, that ferrirn not being public
declare that any ferry, not being a public ferry, shall ferrir.s hr
be subject to any rules made by them under this subject to rule1
section for the purpose of securing the safety of ~ , , ~ ~ ~ g
passengers conveyed across the ferry. pascaongera .
1 This srclion wa-. instrtt d by sectiori 3 r,f thc Csnab and Public Fcrri-s (hmendmont) Aot, 1941 (Madras Act XX of 1941). This Act wa; permanently re-emled by section 2 of, end the First Sch dule to, t11 Tamil Nadu Rct-cnactinc and Rrp~aling (No. I) Act, 1948 (Tamil Nadu Act V]CI of 1948).
2 Thin word was substituted for tho word "Provincial" by the Adeptation Ordor of 1960..
5
410. Canals and Public Ferries [I890 : T.N. Act I1
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(i) the typos of veasels that may be used for conveying passengers across the ferry ; and
(ii) the number of passengers that ma7 be so conveyed on vessels of each such type.] pow> to 8. The [State Government] may, by notification Act to any ferry in the 2[Official Gazette], declare any forry to be definp subject to the provisions of 3[sections 9 to 18 of this l imi~s of ferry. Act] from a date to be named in such notification, and may define the limits of such ferry. The l[State Govornmout] may, in like manner, cancel or lnodify ally such notification.
up1)11 .~UCI; 9. From such date all proviously existing rights s?plic.tion xi- of ferry within the limits defined in the notification sting rights of shall cease and determine and it shall be unlawful ft try to c a , . for any person riot duly authorized to convey gooda, animals or passengers by means of vessels across a
channel within such limits while such notification ia Proviso. in force: Provided that, when rights of ferry are extinguished under this section, compensation shall be payable for such extinction and shall be assessed as near as may be under any law for the time being in force relating to the acquisition of land for public purposes.
pro- 4[1O. (1) The5[State] Government may- vide for mana-
gem1 ntof forrics (a) provide for tho management of any publio
and fix fens and ferry
rates of tolls. 9
-
1 The words I' Provincicrl Government" were substituted for the words uaovcrnor in,Council'' by the Adaptation Order of 1937 and the word " S t ~ l o waq subst; tutod for " Provincial " by the Adaptation Order of 1960.
2 Thesn words wore suhatituted for the words "Fort St. George Gazette " by the Adaptation Order of 1037.
a Ths-sr word< and Ag~lrcs wcrc sub*tituted for 1111 wordy "this Act," by svction 4 of th- Cands nnd l'ul>llc F*-rl.it s (Amtndn~t ntj Act, 19.1 I (Madras Act XX of 1941). This Act wns p..rma~inntly
re-onac'c d by section 2 of, alld thr Firkt Sch dult- lo, 1h.s Tanlil Nadu Re-enacting and Repealing (No. I) Act, 1848 (Tamil Nadu Act V I I of 1918).
4 This r:,%ottion waq fiubstitutrd for thc original 81 ction 1Q by
section 2 of thr Canals and Public Frrric s (Amtmd mc nt) ACL, 1930 (la.llil Xadu AcL VII of 1939).
5 This word W A S subqtitutc d for tho word "Provinci~l" by the Adaptetio 1 Order of 1950.
6
1890 : T. N. Act II] Canals and Public Ferries
(b) authorize any person to convey passengers, animals, vehicles or goods across a channel by means of' vessels a t anyJ , lic ferry, or 4
(c) assign the management of any public ferry to a llocal board or municipal counoil.
(2) All vossela usod by a person authorized under clause ( b ) of sub-section (1) shall be licensed, and the '[Stmto] Government may fix the fees payable for snch licence.
(3) In the cases referred to in clauses (a) and (b) of sub-section (I), the 2[State] Government may levy toils at such rates as they may fix upon passengers, a~rnju~ais, vel~jcles and goods convc=ycd across the ferry.
(4) Where under clause (c) of sub-section ( I ) ,
tho miliiagement of a public fcrry is assigned to a llocal board or municipal council, the llocal board or municipal council may levy tolls upon passengers, animals, vehieles and goods conveyed across the ferry a t suoh rates as it may, subject to the control of the e[State] Government, fix. S[The net revenues derived from the management of the ferry shall be distributed between the authorities (including the State Government) maintaining approach roads a t either end of the ferry, in such proportions and subject to such conditions as the Skate Government may,
from time to time, by notification, direct.]
(5) A notice in English and in the language of tho di~trict specifying tho tolls leviable a t a fe rv under sub-aoction (3) or sub-section (4), as the case may bo, shall bo exhibitcd to public view on eacb
~ i d o f tho ferry.] - -- - --
I Now panchnynt union cou.1-il or pnnchayat. This wold* as subqtitu'ed for the word "Provincial" by t h o Adaptation Order crf lflS0.
T h i ~ sentence was substpitutril frrr the original sentonre by sectio : 5 of the Tamil Nadu C s n a ' ~ and Public? Ferrie3 (AmnnJ. ment) Act, 1956 (Tamil Nadu Act I of 1956), which *hall bs doem( (1 to have come into force on i 110 6th November 1947.
7
Power t o assign manage men6 of
08nal to
district botlvd or municipal council.
Power to
appoint
persons to
oollect tolls or fees lrncl to lease out
collection
thereof.
Procedure in case of non- payment of
toll. 'to., on dernattd.
Canals and Public P5rries 11890 ; T.N. Act I1
11. The management of any canal l[ . . .]
may, by order of the 2[State Government], be assigned to a *local board or municipal council 8[ . . ] which shall exercise all the powers stated in section 7, and may, subject to the control of 4[the State Govern- ment], confer suoh powers on its servants. All
persons duly empowered under section 7 shall be Cantre1 deemed to be public servants within the meaning of Act the Indian Penal Code. XLV of
1860.
12. The =[8tate Government] or the managing authority shall appoint persons to colleot tolls or fees payable under this Act. The collection of suoh tolls or of fees other than licence-fees may, under such conditions as the 2[St~to Government] may from time to time prescribe, be leased out and in such
oase the lesseo and his agents and servailts shall be deemed to be so appointed.
13. In case any tolls, fees other then licence-fees or penalties payable vnder this Act are not paid when demanded by a person duly appointed or empowered to collect or impose the same, such person may seiza
any vessel, goods, vehicles or animals i11 respect of which s ~ c h toll, fee or penalty is payable or anything in the possession of ct passenger or person who is liable to such toll, fee or penalty, and any person empowered by 4[the State Govemmont] or the managing authority in this behalf ma) sell the same by auction after fifteen days' public notice of the sale if such toll, fee or penalty is still unpaid. After deduotion of such toll, fee or --.
1 The wards ''or public ferry" wero omitted by section 3 of
the Canals and Public Ferries (Amendment) .4ct, 1939 (Tamil Nadu Act VII of 1930).
5 The words '6 Provincial Government " wore substituted for the words '' Governor in Council " by tho Adaptation Ordor of 1937 and tho word " Stato" wa3 substituted for "Provincial " by the Adaptation Order of 1950.
a The words " ortd thoreupon in every rru:h case tho revenue accruing therefrom shnll be croditad to the funds of such managing nlxthority " were omittod by the Adaptutioll Order of 1937.
4 Tho words " the Provinc?ial Govolnment" were substituted for the word ' Government " by the Adaptation Order of 1937
and the word ' State" war substituted for '*Provincialw by the Adaptation Order of 1950.
* Now panohayat union council or panchay~t.
8
1890 : T.N. Act 11] C a d a d Public Perries 413
penalty and of the expenses of sale, the surplus proceeds, if any, shall be paid to the person from whose possession the thing sold was taken.
14. All canal and ferry rents and expenses incurred what paymcnte
under section 7 may be recovered by the Collector of may be re-
the district in like manner as if they were arrears oovtrtd as errcars of
of land-revenue : revenue.
l[Provided that any ferry rent due to a alocal board or municipal council shell be recovered as if the same were a tax due to the elocal board or muni- cipal council.]
I S . All licenoes granted and registrations effected Form, E ~ o . , of
under this Act shall be in such form, shall be validlioences and
for a voyage or for such time, and shall contain, or regi~trations.
be subject to, such conditions as the a[State Govern- ment] may from time to time direct.
Power to make
16. The S[State Government] may make rules in rules. respect of any canal or public ferry for all or any of the following purposes :-
(i) declaring the powers to be exercised by any person employed under this Act;
(ii) providing for the grant of Iicences, for the inspection of licensed vessels, and fur their main- tenance in good condition ;
(iii) regulating the dimensions of free board of vessels using any canal or public ferry, Che equipment of the same, and the number of passengers and the nature and quantity of cargo to be carried therein; -. .-
1 Thie proviso wee added by section 4 of the Canals a d Publio Ferries (Amendment) 1939 (Tamil Nadu Act VII of
1939).
1 Now pancheyat union council or panchayat. a The words WProvimial Go;:mment " were subetituted for the words " Governor in Council by the Adaptation Order c$ 1937 and the word " St8M" wae eubstituted for "Provincial by the Adaptation Order of 19q.
9
4 14 Cawh and Public Serries [I890 : T.N. Act I1
(iv) regulating the speed a t which vessels shall be moved, the passiilg of vessels, the lights to be exhibited by vessels niovillg or a t anchor, the working
af looks, the mooring of voesels, and the use of landing places, wharves, piers, jetties, docks, basins, lie- byes, sidings, sheds or warehouses ;
(v) the disposal of vessels or other thingo oon- fiscrzted or seixed under this Act ;
(vi) for the convenience of passengers ; and
a generally for the purpose of this Act.
Pcnalty for breaoh of rule. , 17. Any person who breaks any rule made under thin Aot shall be punishable on conviction by a Criminal Court with fine not exceeding fifty rupees in oase
of a single offence end, in case of a continuing offence,
not exceeding ten rupees for every day during which
ruoh offence continues. If the offence is such as to
endanger human life, the punishment may extend
to imprisonment of either description for one year or
to fine of five hundred rupees, or both.
Penalty for navigating a CSml or
08tcrblishing or 18. Any person navigating a wnal or establishing
working a ferry or working a ferry in contravention of seotion 6; in oontraven- 117-A] or 9 of this Act shall be liable on oonviotion
lion of before a Criminal Couh to fine not er~eeding five I , 7-A or 9. hundred rupees. I S
P ~ W I ~ Y for 19. Any peraon who refume or evdes payment of m y toll or fee payable under this Act, or without due er fee and for uasuthorized authority levies any toll or fee under colour of this levy of toll, ctc. Aot, or, being empowered to collect tolls or fees under this Act, oolleots or receives any sum in excess of the lawful due, shall on conviction by a Criminal ---. ----- -
1 The figure and letter '"?-A1' were inserted by section 6 of the Canals and Public Ferries (Amendment) Act, 1941 (M&$r3 Act XX of 1941). TJ& Act was pennenenily re-e~sc'ted by swtioq 2 of, and the First Schedule to, the Tamil Nedu Raenecting and Repealing (No. I) Act, 1948 (Tamil Nsdu Act VII of 1948).
10
1890 : T.N. Act II] Canals and Public Femies 41 6
Court be punishable with imprisonment of either description not exceeding one month, or with fine rlot exceeding one hundred rupees, or with both.
20. On conviction had of any offence under this pow,, of Court
Act, the Court may order that any vessel or other to ordw
thing used in the commission of such offence ahall beoonfisca*;on. oonfiscated.
l[21. Tho '(State Government) may delegate a!l or any of r(their) powers under sections 6, 10, 11,12,
13 and 16 to any officter not below the rank of Diatrici Collector or Superintending Engineer.]
- ----- .-.
1 Section 21 was added by Tamil Nedu Act VIII of 1914.
3 The words " Provinoial Uovynment " were substituted for the words " Governor in Council by the Adaptation Order 0; 1937 and the word " Slate" waa #ubsMtuted For -' Provinoinl by the Adaptation Order of 1960. , , 4
a This word was ~ubrtituted for the word l'his'a by the Adeptation Order of 1937.
11
766 Cctrtnl.~ ilrrd A,h!ic Ferries [I939 : T.N. Act VII (Anlwt(Intent)
'[TAMIL NADU] ACT No. VII OF 1939*.
[THE CANALS AND PUBLIC FERRIES (AMENDMENT)
ACT, 1939.1
(Received tlre assent of the Governor orz the 20tlt Xurclr 1939 ; fist pttblislted in the Fort St. George Gnzerte on tile 2 1 ~ t Mc~rcl~ 1939.)
.b Act further to amend the Canals and Public Fer- ries Act, 1890 for certaio purposes.
WHEREAS i t is expedient further to atnend the Canals
and Public Ferries Act, 18903, for the purposes herein- '[Tamil after appearing ; It is hereby enacted as follows :-- zffl; short tit1 1. ( I ) This Act may be called the Canals and Public and com-
mencement. Ferries (Ameltdment) Act, 1939.
(2) It sluill ~0111~2 illto fat-ce on the firbt day of Al,i.il 1939.
Provision b ~ r 5. All lolls lcvied immcl.'iately bel'orc the conl- the continu-
ance of [ncncement of this Act at any public ferry the manage- existing nlent of which has been assigned to n local board or
toll<. n~uuicipal council, shall be deemed to have been Icvied, with efl'ect from S L I C ~ commencemc~lt by tltc local boat d or municipal council concerned under stlb-section (4) of section 10 of thc said Act ns ' ;I ~ncnded by this Act.
- - ---- - - . - ---
I rliese words were substituted for the word "Madras" by In!
'rati~il Nitdu Adaptallonof Laws Orccer, 1969,asamended by thcTarui
N.ufu Athptatiot~ckf Laws (Sewnd A~nendlnent) Order, 1969.
F , r Statctiic~~t of Objects and Reasons, see Fort St. George Gazeire,
tlatc'd the 3 1st January 1939-Part IV, pages 20-21. Now the Tamil NaJu Canals and Public Ferries Act, 1890 (Tarn;;
N;~du Act 11 of 1890).
4 Bections 2 to 4 were repealed by section2of,and the Fir8tSchcdul.-
to, the Tarnil Nadu Kcpcnling ant1 Atnending Act, 1951 (Tamil NaJu Act XIVof 1'951).
.I,
12