Jammu and Kashmir act 018 of 1971 : The JAMMU AND KASHMIR FERRY BOATS CONTROL ACT, 1971

Section 1.Short title, extent and commencement.

(1) This Act may be called the Jammu and Kashmir Ferry Boats Control Act, 1971.

(2) It shall extend to the ¹[whole of the Union territory of Jammu and Kashmir].

(3) It shall come into force on such date as the ²[Government of the Union territory of Jammu and Kashmir] may by notification specify in this behalf and different dates may be specified for different areas.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the State”.
2. Substituted ibid for “Government”.

Section 2. Definitions.

In this Act, unless the context otherwise requires—

(a) “ferry” means a place at which persons, animals or goods are transported across a water-course by means of a ferry boat ;

(b) “ferry boat” includes Beri, Kishti, Machwa, Raft, Skins, Shikara or steam or Motor Launch or any other device used for transporting persons, animals or goods across a water-course ;

(c) “water course” means such river, canal, stream and other channel or collection of water as the ¹[Government of the Union territory of Jammu and Kashmir] may, by notification, declare to be a watercourse for purposes of this Act.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.

Section 3.Regulation of ferries and ferry boats.

(1) If the ¹[Government of the Union territory of Jammu and Kashmir] is satisfied that for the safe transport of persons, animals and goods across a water-course, it is necessary to do so, it may, by a notified order, provide for regulating, prohibiting, restricting or otherwise controlling the operation of ferry boats over such water-course.

(2)Without prejudice to the generality of the powers conferred by subsection (1), an order thereunder may provide—

(a) for regulating by permits and imposing conditions for operation of ferry boats over a water-course and for charging fee for such permits ;

(b) for classification of ferry boats for purposes of transport of persons, goods and animals over a water-course ;

(c) for controlling the fares and freights at which persons, goods and animals may be transported from one ferry to another ferry ;

(d) rejecting any ferry boat or any class of ferry boats for operation over any water-course ;

(e) for prohibiting the operation of any ferry boat or any class of ferry boats which in the opinion of the ¹[Government of the Union territory of Jammu and Kashmir] is unworthy or unfit for operation either generally or over a particular water-course ;

(f) regulating the timings of operation of ferry boats over a watercourse ;

(g) regulating transport of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort, injury or harm to passengers or animals ;

(h) regulating the carriage and exhibition of lights by such ferry boats ;

(i) regulating the conduct of passengers in such ferry boats ;

(j) prescribing the equipment and the number of persons to ply or operate a ferry boat over a water-course ;

(k) prescribing the conditions and terms on which the operation of ferry boats owned or engaged by the ¹[Government of the Union territory of Jammu and Kashmir], may be leased out; and

(l) regulating any other matter incidental or supplemental to the aforesaid powers.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.

Section 4. Power of delegation.

The ¹[Government of the Union territory of Jammu and Kashmir] may, by notification, direct that all or any of the powers under section 3 be exercisable in any area, also by such officer or authority and subject to such conditions, as it may specify in the notification.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.

Section 5. Penalty.

Any person, who contravenes any of the orders made under this Act, or any of the conditions of any permit granted for operation of ferry boats under this Act shall be punished with fine not exceeding one thousand rupees by an authority specified by the ¹[Government of the Union territory of Jammu and Kashmir] in this behalf.

1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.