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The Control and Management of Ferries Rules, 1968
Last Updated 12th February, 2020 [ass241]
(a) 'Lessee' shall mean a person to whom a ferry is settled and shall be deemed to include any agent, boatman or servant employed by the lessee;
(b) 'Ferry' shall mean a ferry as defined and interpreted under Section 3 of the Northern India Ferries Act, 1878 and includes ferries specified from time to time in Appendix 'A' as appended to these rules;
(c) 'Executive Engineer of Inland Water Transport' shall include a Sub-divisional Officer and Sectional Officer of the Inland Water Transport;
(d) 'Director' means the Director of Inland Water Transport, Assam;
(e) 'Recognised non-transport ferry' means and includes a private ferry or private boat authorised by the competent authority which are not used on hire for crossing of persons, animals and goods belonging to the owner of the ferry or boat without using the approach of any public ferry.
Part I
(A) For the control and management of and for the regulating the traffic at all the ferries
3. All ferries shall be under the control of the Executive Engineer, Inland Water Transport; provided that if he shall see fit and necessary he may make over the control of any ferry to any Sub-divisional Officer of the Inland Water Transport in-charge of the Sub-division. 4. (1) All ferries which are let by public auction or by calling for tenders shall be managed by the lessee subject to these rules and the conditions entered in the lease granted for each ferry. Ferry which could not be settled either by public auction or by calling for tenders shall be managed by the Executive Engineer or Sub-divisional Officer, as the case may be, with the approval of the Government. (2) The Secretary to the Government of Assam in the Transport Department may settle any ferry directly or by negotiation, if so required under Section 3 of the Northern India Ferries Act for any term after taking the technical and administrative opinion of the Director, Inland Water Transport and Chief Ship Surveyor, Assam, if necessary. 5. For each ferry suitable steamer/motor driven ferry vessel/ engined marboats/ engined single boats/ marboats/ single boat, as the case may be, are supplied at the expense of the Inland Water Transport. The lessee shall be responsible as bailee for steamer/ motor driven ferry vessel/ marboats/ engined single boats/ single boats and shall on the expiry or earlier termination of his lease return them to the Executive Engineer/ Sub-divisional Officer, as the case may be, in good condition, allowance being made for fair wear and tear. 6. The Executive Engineer/ Sub-divisional Officer shall see that all marboats and single boats are marked with a free board line. This line shall be of a breadth of not less than two inches and run round the boats from stem to stem at 12 inches distance below the level of the gunwale. The steamer/motor driven ferry vessel shall be marked as per survey certificate. 7. The lessee shall not sublet, encumber or transfer in any other way the ferry leased to him. 8. (i) The lessee shall be bound to cross over the ferry on tender of payment in cash of the authorised toll or on production of a season ticket or pass all persons who can be safely accommodated on the steamer/ motor driven ferry vessel/ engined marboat/ engined single boat/ marboat/ single boat desiring to cross within the hours for which the ferry, according to the terms of lease is open subject to such timing regulations as are prescribed from time to time by Executive Engineer/Sub-divisional Officer of Inland Water Transport during the tenure of the lease. The lessee shall have no claim for refund or remission of any portion of the ferry rent on this ground.(ii) In addition to the persons, animals, vehicles and other things employed or transmitted on the public service which under Section 15 of the Northern India Ferries Act, 1878 (Act 17 of 1878) or Section 3 of the Indian Tolls (Army) Act, 1901) or Appendix 'B' are exempted from the payment of tolls and the lessee shall cross over free of tolls all such persons, animals, vehicles or other things as may be specified in a declaration made by the State Government even during the tenure of the lease, within the hours of the which the ferry is open.
(iii) The lessee shall not cross over persons whom he may know or suspect to be fugitives from justice or to be bent upon an unlawful purpose. But this rule shall not warrant him in arresting labourers or other persons on the ground that the knows or suspects to be absconding from service.
(iv) In crossing vehicles preference will be given to Governor's and Minister's cars, to all kinds of vehicles, Inland Water Transport Officer's vehicle on duty, to public works department officers' vehicles on duty, to mail motors, mail motors to 1st class cars, 1st class cars to other passenger buses and cars, passenger buses and cars to goods.
9. The lessee shall have in his possession and shall affix on a board where it may be read by all passengers, a schedule showing the rates which he is allowed to charge, and the number of persons, animals and vehicles and weight of other things which he is permitted to carry over at one time and copy of Part I of these rules in English and in Assamese; provided that nothing contained in this rule shall be construed as preventing the Government in the transport department during the continuance of the lease from including new items not covered by the existing schedule of tolls under Section 15 of the Act at such rates as may be considered reasonable. 10. The lessee shall not carry over at one time in the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat more than the number of persons, animals, vehicles or things specified in his lease or when a survey certificate is issued subsequently during the tenure of the lease which modified such number, the numbers specified in the survey certificates as permitted to be so carried and notwithstanding tender of the fare, he shall not allow any person in excess of such number to enter upon the said vessel/boats etc. Any person forcing his way on board the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat in spite of lessee's/ferry man's warning or continuing on board after being required to land is punishable under Section 25 of the Act with a fine which may extend to fifty rupees. 11. The lessee at his own expense shall provide a shed 15 feet long by 15 feet broad on each side of the ferry for temporary accommodation of persons wishing to cross. 12. A register in the form prescribed by the D.I.W.T. shall be kept in which all vehicles crossing the ferry shall be noted. The lessee shall furnish monthly to the Executive Engineer/Sub-divisional Officer, as the case may be, a return in the prescribed form supplied to him. He (the lessee) shall fill up every column of the said form properly and completely and shall submit the same in the 1st week of the month succeeding to which it relates to. 13. Approach roads to all transport ferries, and low level bridges are constructed and maintained by the Inland Water Transport Department. The lessee is responsible for conveying immediate information of damages to the approaches to the nearest Moharrir or the officer-in-charge of the ferry (and for making temporary arrangement to prevent the interruptions of traffic, the cost of which will be paid by the I. W. T.) The I. W. T. to provide sufficient means for embarking and disembarking all persons, animals, vehicles and things which the lessee is bound to cross over at his ferry. The lessee shall provide tying and towing ropes and posts for securing the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat and handle them at his own cost. Properly constructed landing stages are provided by the I. W. T. on both sides of the ferry.Part II
(B) For regulating the time at which, the manner in which, the terms on which and the persons by whom the tolls of ferries may be let either by putting into public auction or by calling tenders or by both
(C) For collecting the rent payable for the tolls of the ferry
14. All ferries shall be let by the officer-in-charge of the ferry either by public auction or if the Government so direct by calling for tenders. 15. Letting of ferries by public auction or by calling tenders. - The period for which the ferry shall be leased, shall be as fixed by the Director subject to the approval of the State Government in the Transport Department. 16. Auction sale shall be conducted on a date to be fixed by the officer-in-charge of the ferry in consultation with the Government in the Transport Department. Tender shall be invited by the officer-in-charge of the ferry if directed by the State Government in the Transport Department. At least 15 days' notice shall be given to the public before the date fixed for the auction sale and/or for receiving tenders and notice shall be widely circulated.(1) A bid/tender must be accompanied by the following documents failing which it will be treated as invalid :
(a) (i) Receipted treasury challan or bank draft of any branch of the State Bank of India or the Assam Co-operative Apex Bank, showing deposit of the earnest money noted against each ferry, pledged to the Executive Engineer, Inland Water Transport Division, Gauhati. Cash or money order receipt will not be accepted in lieu of treasury challan or bank draft, Earnest money deposit made in respect of a previous sale, if any, will not also be considered as valid deposit for the present sale, under the consideration.
(ii) No earnest money challan already released or old bank draft will be accepted as earnest money. A tender belonging to Scheduled Caste or Scheduled Tribes or other backward classes recognised by the State Government will be entitled to deposit 50 (fifty) per cent of the amount as earnest money. He must mention in the tender the specific class to which he belongs.
(b) The bidder/tenderer shall sign a declaration in the following form :
"I agree that I will not withdraw the tender offered by me during the time that will be required for intimation of acceptance of the tender for the ferry being given to me nor will I withdraw it afterwards should my tender be accepted, If I withdraw the tender, then I am liable to pay the whole sum of the tender or such amount on account of deficiency as in the opinion of the authority may be considered necessary to make good the whole of the loss and damages that may be suffered by Government in consequence thereof and I shall pay the same and if I fail to pay it, them it will be recovered from me as an arrear of land revenue.
Signature of the Tenderer/Bidder"
(c) Up-to-date Income Tax and Sales Tax clearance certificates to be submitted in the prescribed form. When an Income Tax clearance certificate has been submitted by the tenderer in connection with another sale, no fresh certificate will be necessary so long as the certificate submitted is valid but a certified copy of such certificate must be enclosed with the tender under consideration-
(d) If the tender is submitted on behalf of a co-operative society or a Firm or a Joint Stock Company then in addition to the requirements of (a) and (b) above, the undermentioned documents should be enclosed :
(i) the original or certified copy of the registration certificate of the society, the Firm or Company given by the concerned authorities such as the Registrar of Co-operative Societies, etc.
(ii) the copy of the resolution authorising the person who signs the tender, to manage the business of such Society, Firm or Company on its behalf;
(iii) certificate regarding authorised, subscribed and paid-up capital of the concern;
(iv) the original or certified copy of the partnership deed in case of partnership firm.
(e) If the tender is submitted by a person belonging to any of the Scheduled Castes, Scheduled Tribes or other Backward Classes, then in addition to the requirements of (a), (b) and (c) above, certificate in original or a certified copy thereon in support of his claim to belong to such community from the President of the Scheduled Castes, Scheduled Tribes and other Backward Classes, Association or from the Deputy Commissioner or the Additional Deputy Commissioner of the District/Sadar Sub- divisional Officer or the Sub-divisional Officer of the sub-division within whose territorial jurisdiction the tenderer permanently resides should be enclosed.
(f) In the case of a new tender, in addition to the above documents a certificate about the financial soundness of the tenderer from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub-divisional Officer/Sub-divisional Officer of the District/Sub-division, as the case may be, or any nationalized Bank should be enclosed.
(g) Certificate of experience of ferry business from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub-divisional Officer of the District/Sub-divisional Officer of the Sub-division should be enclosed.
(h) Certificate in support of periodic patta land of value not less than the bid/ tender money, in his own name within the District or the sub-division from the Deputy Commissioner/ Additional Deputy Commissioner/ Sadar Sub-divisional Officer of the District or Sub-divisional Officer of the Sub- division concerned should be enclosed.
(i) Certificate that he can speak regional language from the Deputy Commissioner/ Additional Deputy Commissioner/ Sadar Sub-divisional Officer or Sub-divisional Officer concerned should be enclosed.
(j) Certificate testifying to his good conduct from the Deputy Commissioner/ Additional Deputy Commissioner/ Sadar Sub- divisional Officer or Sub-divisional Officer of the Sub-division should be enclosed.
(k) Certificate that the bidder/tenderer is indigenous of this State having permanent resident or outsider, from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub- divisional Officer or Sub-divisional Officer concerned should be enclosed.
(l) Land revenue clearance certificate from the concerned Mouzadar should be enclosed.
(m) Current loan recovery certificate in respect of loan obtained from a Bank or any financial institution granted under any scheme approved or sponsored by the State or Central Government.
(2) The bid list and the result of auction sale shall be submitted to the Director, I W.T., Assam in form in Appendix 'C'. A comparative statement about all the tenderers in the form in Appendix 'C' along with all tenders in original shall also be submitted to the Director by the Executive Engineer, I.W.T. Division with his endorsement. The Director shall submit all these documents in original with his comments and recommendations taking into account the factors mentioned in Rule 16 (i) and Rule 19, to Secretary to the Government of Assam in the Transport Department.
17. Bids or offered amount in tender need the approval of Secretary to the Government of Assam in the Transport Department. No bid or offered amount in tender for any ferry provisionally accepted by the officer conducting the sale or calling for tenders shall be considered to be final unless it is approved by the Secretary to the Government of Assam in the Transport Department. 17A. The auction sale notice and notice for calling tender shall state-(i) the name of the ferry to be leased out and the routes to be followed;
(ii) that steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat are to be supplied to the lessee together with necessary anchor, lifebuoys, etc.
(iii) the number and category of staff allotted to each of the ferry boats/vessels by the Government;
(iv) that the term or period for which the lease will be given as fixed under Rule 14 subject to the provisions of Sections 10 and 11 of the Act;
(v) the dates on which the instalments of the purchase money are due;
(vi) the rates, if any, at which any person may compound for the tolls of the ferry as fixed by the State Government in the Transport Department under Section 18 of the Act;
(vii) that the ferry will ply by day only, but Director retains the right to order plying the ferry at night if it should become necessary under any special circumstances, the number of such night journeys and timings to be fixed by the Director or any other officer deputed by him;
(viii) that the lessee shall be bound to cross over at any time during the day and night beyond the schedule timings free of the charge, any Minister of the State of Assam, Indian Union, the Chief Minister and the Governor or Assam, both the senior most Commanding Officers of Regional Army Unit and Assam Rifles in Assam, the Prime Minister and the President of India wishing to cross with his conveyance, baggages and animals if and when ordered by the Director/Executive. Engineer/Sub-divisional Officer, as the case may be. The lessee shall be entitled to realise tools for crossing traffic by such special trips from all concerned inclusive of Government employees irrespective of whether they are exempted or not from payment of tolls under conditions 19 of the lease, but excluding those mentioned above, at the following rates :
.............................(ix) that preferential treatment to individual belonging to Scheduled Castes, Scheduled Tribes and other backward classes and to the co-operative societies.
At the usual rates as per schedule of rates subject to a maximum of Rs.80 in case of steamer, Rs. 60 in case of motor driven ferry vessel, Rs. 50 in case of engined marboat, Rs. 40 in case of engined single boat, Rs. 30 in case of marboat and Rs. 15 in case of single boat per trip from the passengers or from the total number of passengers proportionately so that the total collection comes up to the limit specified above. The lessee is bound to cross at each special trip, the number of passengers, animals,vehicles etc., desiring to cross the ferry at that time to the capacity of the steamer/motor driven ferry vessel/engined marboat/engined single boat etc., as the case may be. 18. The auction sale shall be held by the Deputy Commissioner/Sub-divisional Officer (Civil) or some other officer deputed by him for the purpose where the officer of the I.W.T., in-charge of the ferry shall also remain present. 19. The sale by auction/tender shall generally be to the highest bidder/tenderer. The Officer conducting the sale, calling for tender may, however, refuse to accept the bid/tender if any of the requirements of the bid/tender is not satisfied. Or, for sufficient reasons to be recorded in writing under his own hand he may refuse to accept the offer of the highest bidder or tenderer of any bid/tender. The officer shall in accepting the bid/tender consider the following factors amongst others :(i) whether the bid/tender amount is sufficient to earn approximately the revenue which could be normally expected from the ferry;
(ii) whether the bidder/tenderer is indigenous of the State or permanent resident of the State or outsider;
(iii) whether the tenderer/bidder suffers from moral turpitude or has been convicted by Court/black listed or a defaulter of land revenue;
(iv) whether the tenderer/bidder possesses periodic Patta land of value not less than the bid/tender money in his own name within the District. Sub-division;
(v) whether the tenderer/bidder has sufficient experience to run the ferry efficiently.
19A. In accepting the 1st instalment of bid money of auction sale from the highest bidder or any other bidder whose bid is accepted by the officer conducting the sale, the bidder shall be informed in writing in the form in Appendix 'E' by the officer conducting the sale that the sale is subject to the approval of the Secretary to the Government of Assam in the Transport Department. 19B. The Secretary to the Government of Assam in the Transport Department shall consider the result of the auction sale or tender or both together, as the case may be, for the purpose of final settlement. In doing so he shall consider among others whether the officer conducting the sale calling for tenders and the Director have taken into account and considered all the factors mentioned in Rule 19 above. The Secretary to the Government of Assam in the Transport Department may for reasons recording in writing disapprove of the bid/tender or both, as the case may be, accepted by the officer conducting the sale/calling for tenders and by the Director and may settle the ferry with any bidder/tenderer or may disapprove the sale/ tenders or both. The decision of the Secretary to the Government of Assam in the Transport Department will be final and binding on all concerned. 20. The person whose bid in the auction sale is accepted shall pay the purchase money if it exceeds Rs. 200 in the following instalments : One-fourth of the total bid money subject to a minimum of Rs. 200 within three days from the date of sale. But the 1st instalment shall be treated as provisional until the bid is finally accepted by the Secretary to the Government of Assam in the Transport Department. Balance or one-fourth of the total bid money whichever is less on or before the 1st June. Balance or one-fourth of the total bid money whichever is less on or before the 1st September. Balance or one-fourth of the total bid money whichever is less on or before the 1st December. These rules shall apply in case of ferry/ferries settled by calling for tenders with only the exception that the 1st instalment shall have to be deposited by the tenderer whose tender is accepted within seven days from the date of receiving orders for settlement. The 1st instalment of bid money paid by the bidder will be refunded to him by the Executive Engineer or Sub-divisional Officer, as the case may be, if the ferry is not finally settled by the Secretary to the Government of Assam in the Transport Department. 20A. In case of ferries which are settled for a period less than one year, mode of payment of bid money will be decided by the officer-in-charge calling for tender with the approval of the State Government. 21. When the first instalment has been paid and after the sale/tender has been approved by the Secretary to the Government of Assam in the Transport Department, a written lease signed by the Director "for and on behalf the Government of Assam" in the form in Appendix 'D' shall be drawn up. The lessee on being asked by the officer concerned to execute it after affixing adhesive stamps at his cost shall do so before handing over the ferry to him. 22. If the successful bidder/tenderer fails to comply with the stipulation made in Rules 20 and 21 above within the specified period mentioned therein the ferry may again be sold in auction or by calling for tenders or by both to some other and the full amount of loss shall be recoverable as arrear of land revenue from the former. 23. The lessee shall immediately after the final acceptance of the bid/tender and prior to being given charge of the ferry and grant of the lease, furnish to the Executive Engineer or the Sub-divisional Officer, as the case may be, cash security amounting to 25 per cent of the bid money for punctual payment of bid kist money and for efficient running of the ferry in addition to the instalments of bid/tender money mentioned in Rule 20. Further the lessee shall furnish cash security at the following rate in respect of each ferry, vessel, boat that will be handed over to him, for their proper use and safe custody, before the terry is handed over to him :|
(a) |
For each steamer/steel ferry vessel/motor driven ferry vessel |
.....Rs. 7,500 |
|
(b) |
For each marboat with engine |
.....Rs. 5,000 |
|
(c) |
For each single boat with engine |
.....Rs. 3,000 |
Appendix A
The following major ferries on the Brahmaputra-1. Jogighopa-Goalpara-Pancharatna.
2. Gauhati-North Gauhati.
3. Neamati-Kamlabari.
4. Dibrugarh-Sonari-Burisuti.
5. Sadiya-Saikhowa.
6. Tezpur-(Bhomoraguri)-Panpur-Silghat.
7. Dhubri-Fakirganj.
8. Dibrugarh-Sissi-Machkhowa.
9. Desangmukh-Matmora.
10. Dibrugarh-Kacharighat-Oryamghat-Via Galighat-Murkong selek.
11. Laikajan-Morkong selek.
[Vide Notification No. TWT 49/68/30, dated 3-1-1969 and No. TWT 49/68 Pages, dated 5-3-1969].Appendix B
[Rule 8 (ii)]
In addition to the persons, animals, vehicles and other things employed or transmitted on the public service which under Section 15 of Act 17 of 1878 (The Northern India Ferries Act) or under Section 3 of the Act 2 of 1901 [Indian Tolls (Army) Act] are exempted from the payment of tolls. The lessee shall cross over free of tolls-(1) Any Police Officer travelling in uniform;
(2) Any Village Watchman carrying Chapras;
(3) Any Government peon when serving processes;
(4) The Government mails.
N.B. - Motor vehicles carrying or designed to carry passengers or goods in addition to the Government mails are not exempted from payment of tolls.(5) Any person, vehicle (whether full or empty) or stores employed for the execution of any work (such as roads, bridges, buildings, embankment or canals) which is being undertaken by or on behalf of the Government or any local fund; provided that such persons, vehicles or stores are employed solely in the execution of the work at the time of transit and provided that a pass is produced signed by one of the following :
(a) an Executive Engineer, or a Sub-divisional Officer;
(b) a Chairman or Vice-Chairman of Panchayat or Municipal Board or Town Committee;
(c) an officer, not below the rank of Sub-Surveyor or Sub-Overseer in-charge of work;
(d) an Executive Engineer or Sub-divisional Officer, Public Works Department.
Such pass shall indicate as early as may be the nature, time and number of journeys of which the pass is given, and in the event of any dispute as to the validity of the pass for a particular journey the matter shall be referred to the Executive Engineer/Sub-divisional Officer, as the case may be, whose decision shall be final.(6) Any person or vehicle (whether full or empty or containing stores) employed on departmental work of the Forest Department including-
(a) construction or repairs of roads and bridges undertaken departmentally;
(b) construction or repairs of buildings undertaken departmentally;
(c) cultural work in the forests undertaken departmentally;
(d) extraction work in the reserved/unreserved State Forests, undertaken departmentally :
Provided that such person or vehicle is at the time of transit solely employed for the said work and the pass produced is signed by a Divisional Forest Officer, or an officer of the Forest Department of the rank of Ranger or Extra Assistant Conservator of Forest.(7) Officers, vehicles, stores and labourers of the Railway, if furnished with a certificate by a Railway Officer, not below the rank of a Gazetted Officer to the effect that the Officers are employed or the vehicles and stores are transferred on public service and not for commercial purposes of the Railway.
(8) Any Gaonbora Travelling on public duty, on production of his appointment Parwanas.
(9) Volunteers of Auxiliary Forces travelling in uniform.
(10) All Mauzadars or Sarpanches of panchayat's when travelling on duty and one Moharrir employed by each Mauzadar, while travelling on public duty, provided that he holds a certificate that he is so travelling signed by the Mauzadar and produces it when called upon to do so by the ferry man.
(11) All collecting members of Panchayats when travelling on duty.
(12) Employees of Panchayats and Municipal Boards or any Local Fund travelling on duty (this includes school employees of the aforesaid boards when travelling on duty).
(13) Kalaazar patient, with an attendant when required, attending a hospital or centre for treatment on production of certificate signed by the medical officer who is treating him.
In such cases a bullock or buffalo cart with its driver and a pair of animals, or dooli with three attendants, in which the patient may be travelling also be exempted from payment of tolls at ferries where facilities for crossing such vehicles exits.(14) A member of a Panchayat with his conveyance and one attendant when proceeding to or returning from a meeting of the Panchayat; provided that he produces the notice summoning him to the meeting and performs the journey, within two days of the date thereof.
(15) Private conveyances whether they are their personal property or not, of persons employed on the public service while on duty, but excluding a hired conveyance.
(16) A leper with an attendant when required attending a hospital or centre for treatment on production of a certificate signed by the medical officer who is treating him.
(17) Members of the Legislative Council, Members of the Legislative Assembly and Assam representative to both the Lok Sabha and the Rajya Sabha when travelling in a private conveyance whether their own property or not but excluding a hired conveyance subject to the register, where maintained, being signed on each occasion.
(18) All stock-men employed by the Live-Stock Improvement Association, Assam on production of a copy of their appointment letter.
(19) All supervisors of Central Co-operative Banks, Assam, on production of a copy of their appointment letter.
(20) Any person engaged on Red Cross Work and required on such work to travel by road on production of a certificate issued for a quarter of a year or other period of less duration signed by the Honorary Secretary of the district concerned and bearing the seal of the District Branch of the Indian Red Cross Society.
(21) Motor vehicles, cars and carriages belonging to Government and also any motor vehicles belonging to a Government Officer although empty on production of a certificate from the officer that the vehicle is travelling for his own use while on duty.
(22) Members of Panchayat, while travelling on inspection duty, subject to the production, on each occasion of a definite letter of authority from the President, or the Vice-President concerned specifying the route and time within which the inspection is to be made.
(23) All persons in receipt of gratuitous relief from Government on account of distress while going to or returning from relief centres to receive doles or to work at a test relief centre on production of a certificate from the Relief Officer.
(24) A member of the Debt Conciliation Board while proceeding to or returning from a meeting of the Board; provided that he must produce the summons to the meetings and provided that the journey is performed within one day of the meeting.
(25) The Curator of the Assam State Museum at Gauhati while performing journeys on duty.
(26) (1) Motor vehicles belonging to the State Government and employed with the organisation known as the Assam Transport;
(2) Persons employed by the State Government and travelling with the aforesaid vehicles on duty; and
(3) Property borne on the aforesaid vehicle and at the disposal of the Central of State Government.
N.B. - Every person exempted from payment of toll when using the ferry shall enter his name and address in a book supplied and maintained by the lessee for this purpose.Appendix C
[Rule 16]
|
Serial No. of Ferry |
Name of the Ferry |
Amount for which leased in the previous year |
Details of bidding of every bidder |
Period for which proposed to lease the ferry |
Financial position, conduct, previous records as lessee capacity and any other relevant data of each bidder |
Whether each bidder has periodic landed property within the district or State of the value equal or more than the bid/tender money and can speak regional language |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
|
|
Name of the bidder with whom the ferry is proposed to be settled |
Caste/Creed of each bidder |
Whether indigenous, permanent resident of Assam or outsiders |
No. & date of the treasury challan depositing the 1st kist money by the bidder whose bid is provisionally accepted |
Remarks |
|
8 |
9 |
10 |
11 |
12 |
|
|
|
|
|
|
Appendix D
[Rule 21]
Form of lease of power-driven major ferries
The ferry across the river Brahmaputra between in district is let to of from the 1st April to the 31st March on a total payment of Rs .......(Rupees .......) on the following conditions : 1. The lessee of this ferry shall be bound to cross over at any time during the day/day or night any person wishing to cross with his animals, luggage and conveyance; but may refuse to cross over any person, animals or conveyances until the toll leviable thereon has been paid or a season ticket or a pass produced. In crossing vehicles preference would be given to Governor's and Minister's cars to all kinds of vehicles, Inland Water Transport Officers' vehicles on duty to Public Works Department Officers' vehicles on duty, Public Works Department Officers' vehicles on duty to mail motors, mail motor to 1st class cars, 1st class cars to others, passengers buses and cars and passengers buses and cars to goods. 2. The lessee shall not levy tolls on persons, animals of conveyances crossing by a private boat not used for hire without using the approaches to the ferry. Unrecognised ferry will not, however, be allowed to ply within 3.2 k.m. of the public ferry under Section 13 of the Northern India Ferries Act of 1878. 3. The full rates of tolls leviable by the lessee shall be as specified in the Schedule attached, subject to the exceptions hereinafter provided and to the provision that any person may compound for the tolls payable for the use of the ferry. 4. The Director with the approval of the State Government retains the right to include new items with rates not covered by the existing schedule of tolls whenever in his opinion it becomes necessary during the tenure of the lease or agreement. 5. The following ferry appliances will be provided and maintained in good repair by the Executive Engineer/Sub- divisional Officer :(a) Steamer or motor driven ferry vessels.
(b) Engine driven marboats.
(c) Engine driven single boat.
(d) Marboat.
(e) Single boats.
The lessee shall within 15 days of the date of the final acceptance of the bid/tender and prior to being given the charge of the ferry and granted a lease furnished to the Executive Engineer/Sub-divisional Officer, as the case may be, a cash security amounting to 25 per cent (twenty five per cent) of the purchase money for punctual payment of the purchase money and for efficient operation of the ferry. In addition to the above the lessee shall furnish within the same period a cash security of Rs. 3,000 for each steamer/motor driven ferry vessel; Rs. 1,000 for each engined marboat; Rs. 500 for each engined single boat; Rs. 300 for each marboat; and Rs. 100 for each single boat for safe custody and proper use of the vessels, boats and the engines. The security so furnished shall be refunded to the lessee on the expiry of the lease subject to any deduction that may be made by the Executive Engineer/Sub-divisional Officer, as the case may be, for making good may loss of or damage to any of the vessels, boats, engine or any other properties and appliances otherwise than by fair wear and use and for any fines and penalty imposed on him for the breach of the terms of the sale notice/tender notice and this lease. 6. The lessee is required to employ and keep available always at his own expense two licensed/certificated drivers, one licensed/certificated master and other crews and persons as may be necessary for each steamer/ motor driven ferry vessel whether supplied by the lessee or by the Government. He shall employ and keep available always at his own expense one licensed driver and three boatmen fro each engine driven marboat, one licensed driver and two boatmen for each engine driven single boat, three boatmen for each marboat and two boatmen for each single boat. He shall immediately discharge any driver/master other crew or person whose conduct or ability may not be considered as satisfactory arid replace him them without dislocation. 7. Petrol/diesel/mobile and grease shall be purchased and supplied by the lessee at his own cost. 8. The ferry shall be operated by day only/day and night with the full complement of men provided for in Clause 6. For this purpose the day will be reckoned from one hour before sunrise to one hour after sunset. But the Director retains the right to order plying the ferry at night if it should become necessary under any special circumstances without any extra payment. 9. The lessee shall, during the period of lease, mark with buoys or in other suitable manner, all submerged obstructions or dangerous rocks in the rivers within 0.8 k.m. of the landing ghats and shall be held responsible for any loss or damage caused to the steamer/motor driven ferry vessel/engined marboat/engined single boat, marboat/single boat striking against such submerged obstruction or dangerous rocks. 10. Approach roads to the ferry are constructed and maintained by the Inland Water Transport Department. The lessee is responsible for conveying immediate information of damage to approaches to the nearest moharrir or the officer-in-charge of the ferry and for making temporary arrangement to prevent the interruption of traffic the cost of which will be paid by the Inland Water Transport Department. The Inland Water Transport Department provides sufficient means for embarking and disembarking all persons, animals, vehicles and things which the lessee is bound to cross over at the ferry. Properly constructed landing stages are provided by the Inland Water Transport Department on both sides of the ferry. The lessee will be responsible for all arrangements and appliances required to hold securely the steamer/motor driven ferry vessel/engined marboat/engined single boat/marboat/single boat to the bank when embarking or disembarking all traffic. 11. The number of passengers, animals, vehicles and weight of other things carried at one time shall not be such as to submerge the white line which marks the minimum free board. This line is painted by the Inland Water Transport Department on all vessels supplied by the authority or by the lessee. It is of a breadth of not less than two inches and runs round the marboats and single boats from stem to stem and 12 inches distance below the level of the gunwale. The Steamer/motor driven ferry vessel shall be marked as per survey certificate. 12. The lessee at his own expense shall provide two sheds 15 feet by 15 feet for the temporary accommodation of travellers, one at each side of the ferry. 13. The lessee shall provide and maintain light throughout the night on each side of the ferry ghats two incandescent lamps of not less than 200 candle power each and of a type approved by the Executive Engineer/Sub-divisional Officer, as the case may be. These lamps shall be hung up in a suitable place to illuminate the landing places one on each bank of the river, and shall be kept alight throughout the night. The lessee shall also provide a lamp on each marboat and single boat when plying at night. 14. The lessee shall not sublet the ferry. 15. The lessee shall hung up a copy of lease and copy of a Part I of the Ferry Rules, in English and Assamese attached to a board on the outside of his shed at the ferry. 16. The lessee shall not refuse to give change for any silver coin or currency notes up to Rs.5 in value offered to him. 17. A register in the form prescribed by the Director may be kept in which all vehicles crossing the ferry shall be noted. 18. The lessee shall furnish monthly to the Executive Engineer/Sub-divisional Officer, as the case may be, a return in the prescribed form supplied to him. He (the lessee) shall fill up ever) column of the said form properly and completely and shall submit the same in the 1st week of the month succeeding to which it relates to. The lessee shall perform the duties of a village watchman as defined in Section 45, Code of Criminal Procedure. 19. In addition to the persons, animals, vehicles and other things employed or transmitted on the public service which under Section 15 of Act 17 of 1878 and Section 3 of Act 2 of 1901 are exempted from the payment of tolls, the lessee shall cross over free of tolls :(1) Any police officer travelling in uniform.
(2) Any village watchman carrying a chapras.
(3) Any Government peon when serving processes.
(4) The Government mails.
N.B. - Motor vehicles carrying or designed to carry passengers or goods in addition to the Government mails are not exempted from payment of tolls.(5) Any person, vehicle (whether they are full or empty) or stores employed for the execution of any work (such as roads, bridges, buildings embankments or canals) which is being undertaken by or on behalf of Government or any local fund; provided that such persons, vehicles or stores are employed solely in the execution of the work at the time of transit and provided that a pass is produced signed by one of the following :
(a) Executive Engineer or Sub-divisional Officer;
(b) A Chairman or Vice-Chairman of Panchayat or Municipal Board or Town Committee;
(c) An officer not below the rank of Sub-Surveyor or Sub-Overseer in-charge of a work;
(d) Executive Engineer or Sub-divisional Officer, Public Works Department.
Such pass shall indicate, as nearly as may be, the nature, time and number of journeys for which the pass is given, and in the event of any dispute as to the validity of the pass for a particular journey, the matter shall be referred to the Executive Engineer/Sub-divisional Officer, as the case may be, whose decision shall be final.(6) Any person or vehicle (whether full or empty or containing stores) employed on departmental work of the Forest Department, including-
(a) construction or repairs of roads and bridges undertaken departmentally;
(b) construction or repairs of buildings undertaken departmentally;
(c) cultural work in the forests undertaken departmentally;
(d) extraction work in reserves or unclassed State forest undertaken departmentally:
Provided that such persons or vehicles at the time of transit solely employed for the said work and that a pass is produced signed by the Divisional Forest Officer or an officer of the Forest Department of the rank of Ranger or Extra Assistant Conservator of Forest.(7) Officers, vehicles, stores and labourers of the railway if furnished with a certificate by a railway officer to the effect the officers are employed or the vehicles and stores are transported on public service and not for commercial purposes of the railway.
(8) Any Goanbora travelling on public duty on production of his appointment Parwana.
(9) Volunteer of the Auxiliary Forces travelling in uniform.
(10) All Mauzadars or Sarpanches of Panchayats when travelling on duty and one Moharrir employed by each Mauzadar while travelling on public duty; provided that he holds a certificate that he is so travelling signed by the Mauzadar and produces it when called upon to do so by the ferryman.
(11) All collecting members of Panchayats when travelling on duty.
(12) Employees of Panchayat and Municipal Board or any Local Fund travelling on duty (this includes school employees of the aforesaid boards when travelling on duty).
(13) Kalaazar patient with an attendant when required attending a hospital or centre for treatment on production of a certificate signed by the Medical Officer who is treating him.
In such cases bullock or buffalo cart with its driver and a pair of animals or a dooli with three attendants in which the patient may be travelling shall also be exempted from the payment of tolls at ferries where facilities for crossing such vehicles exist.(14) A member of Panchayat with his conveyance and one attendant when proceeding to, or returning from a meeting of the Panchayat; provided that he produces the notice summoning him to the meeting and performs the journey within two days of the date thereof.
(15) Private conveyance, whether they are their personal property or not of persons employed on the public service while on duty but excluding a hired conveyance.
(16) A leper with an attendant when required attending a hospital or centre of treatment on production of a certificate signed by the Medical Officer who is treating him.
(17) Members of the Legislative Assembly and Assam Representatives to both the Lok Sabha and the Rajya Sabha when travelling in a private conveyance whether their own property or not, but excluding a hired conveyance, subject to the register, where maintained, being signed on each occasion.
(18) All stock-men employed by the Live-Stock Improvement Association, Assam on production of a copy of their appointment letter.
(19) All Supervisors of Central Co-operative Banks, Assam on production of a copy of their appointment letter.
(20) Any person, engaged on Red Cross Work and required on such work to travel by road on production of a certificate issued for a quarter of a year or other period of less duration signed by the Honorary Secretary of the district concerned and bearing the seal of the District branch of the Indian Red Cross Society.
(21) Motor vehicles, carts or carriages belonging to Government and also any motor vehicle belonging to a Government Officer although travelling empty, on production of a certificate from the officer that the vehicle is travelling for his own use while on duty.
(22) Members of Panchayats while travelling on inspection duty subject to the production, on each occasion of a definite letter of authority from the President/Chairman or the Vice-President concerned specifying the route and time within the inspection is to be made.
(23) All persons in receipt of gratuitous relief from Government on account of distress while going to or returning from relief centres to receive doles or to work at a rest relief centre, on production of a certificate from the Relief Officer.
(24) Members of the Debt Conciliation Board, when proceeding to or returning from a meeting of the Board; provided that he must produce the summons to the meeting and provided that the journey is performed within one day of the meeting.
(25) The Curator of the Assam State Museum at Gauhati while performing journeys on duty.
(26) (1) Motor vehicle belonging to the State Government and employed with the organisation known as the Assam Transport,
(2) Persons employed by the Government and travelling with the aforesaid vehicle on duty, and
(3) Property borne on the aforesaid vehicle and at the disposal of the Central, or the State Government.
(27) The lessee must cross-over dak runners carrying animals, members of the police force in uniform and doctors at any time during the night or day.
20. Tickets for each item of the schedule of tolls shall be printed by the lessee at his own cost. No person, vehicle, animals or any other things and material shall be crossed without issuing printed tickets. 21. Every person exempted from payment of toll when using the ferry shall enter his name and address in a book supplied and maintained by the lessee for this purpose. 22. The lessee shall not knowingly cross over bad characters, outlaws or fugitives from justice and he shall give every assistance to the Police and other Government officers in the apprehension of offenders but this clause shall not warrant him in arresting labourers or other persons on the ground that the knows or suspects them to be absconding from service. 23. The lessee is liable to the following penalties :(a) The for neglecting to affix or to keep in order his table of tolls or for wilfully altering or defacing the table or for refusal to produce it on demand, is a fine which may extend to Rs. 50.
(b) The penalty for asking or taking more than the lawful toll or for delaying any person, animal, vehicle, or other thing without the due cause, is a fine which may extend to Rs. 100.
(c) The penalty for breaking any rule made under the order of the Government in respect of the management or working of ferries, is imprisonment which may extend to six months or a fine which may extend to Rs. 200 or with both.
(d) The penalty for default of payment of rent or for a second conviction of any one of the above named offences, is cancellation of the lease in addition to any other legal penalty for the offence committed.
24. The lessee is authorised to draw the attention of travellers in the following provisions of the law : The penalty for refusal to pay the toll for fraudulently or forcibly crossing, in order to avoid such, payment, for obstructing the lessee in the execution of his duty, for entering in or taking any animals or other things in the ferry, after he has been warned that it is not in a fit state for that purpose or so laden as to endanger life or property, is a fine which may extend to Rs. 50. 25. Every person breaking any rule under Section 12 or Section 19 of Act 17 of 1878 shall be punished with imprisonment for a term which may extend to six months or with a fine which may extend to Rs. 200 or with both. 26. The lessee shall pay the purchase money in the following instalments : ¼th of purchase money within three days from the date of sale. Balance or ¼th of purchase money whichever is less on or before the 1st June. Balance or ¼th of purchase money whichever is less on or before the 1st September. Balance or ¼th of purchase money whichever is less on or before the 1st December. 27. (i) If the lessee violates or fails to perform any of the covenants herein contained, he shall, in addition to any other liability, be liable to have his lease cancelled by the Secretary to the Government of Assam to the Transport Department and in that event shall not be entitled to any compensation or to the refund of any portion of the ferry rent, advance or security.(ii) The Executive Engineer is the controlling authority for purposes of the lease and whenever the lease is liable to cancellation under the preceding clause the Secretary may in lieu of cancelling the lease, allow the lessee the option of retaining it subject to the payment to the Government of a sum not exceeding Rs. 200 for each breach or default as the Secretary may consider reasonable.
(iii) Notwithstanding anything contained herein if the lessee fails to pay any instalment of the purchase money by due date under Clause 26, the Executive Engineer/Sub-divisional Officer, as the case may be, may take over the ferry immediately and run it departmentally until the instalments in default is paid. The lessee shall have no claim to tolls collected during any such period but shall be liable for any expenditure in excess of the toll receipt which may be incurred for which the certificate of the Executive Engineer/Sub-divisional Officer shall be final and conclusive and during this period vessels/boats, engines and other appliances, whether the property of the Government or of the lessee including the sheds and lights provided under Clauses 12 and 13 and the master, engine driver, crew, boatmen, etc., engaged by the lessee (if they agree to serve) shall be placed by him at the disposal of Government for the period for which the ferry is run departmentally.
28. The Executive Engineer may at his discretion deduct from the sum deposited as security such amount as may, in his opinion, be necessary to make good any damage or loss sustained by the vessels other property or appliances otherwise than by fair wear and tear. But if the security dies not cover the amount so assessed, by the balance may be recovered as an arrear of land revenue from the lessee. 29. The lessee shall maintain a bound book which shall be produced on demand by any traveller for noting any remarks. 30. In the event of the crossing being bridged permanently during the tenure of the lease, the lease will be cancelled on one calendar month's notice being given in writing to the lessee and no compensation will be payable for any loss sustained by the lessee or for any other reason due to such cancellation. 31. Any sum due to Government under any clause of this lease may, unless otherwise provided for, be recovered from the security deposit of the lessee and in the event of such sum not being covered within the security deposit the balance be recovered as an arrear of land revenue from the lessee. 32. The lessee will have no claim for compensation or remission or refund of any portion of kists money on account of closure of traffic for a continuous period not exceeding 15 days due to flood or due to any bridge or a road having been damaged by flood, earthquake or otherwise. 33. Recognised non-transport ferry/ferries only can run within the distance of 3.2 k.ms. on either side of the ferry. The lessee shall have no claim for compensation or remission or refund of kist money on this account.For and on behalf of the Governor of Assam
Director of Inland Water Transport Assam, Ulubari, Gauhati
Dated the 20........ Accepted ............. LesseeAppendix E
ToShri..........
Sir, I am to inform you that your bid amounting to Rs............for............ferry for the year..........has provisionally been accepted by me vide Challan No.........., dated for the amount of the 1st instalment of purchase money of Rs deposited by you in....................Treasury has been received. This acceptance is however subject to the approval of the Secretary to the Government of Assam in the Transport Department who may or may not approve the settlement.Yours faithfully.
Auctioning Officer
Address.............
Copy forwarded to the Director, Inland Water Transport Assam, Ulubari, Gauhati. The Secretary to the Government of Assam, Transport Department, Shillong for information.Auctioning Officer
Address.............
Copy forwarded to the Secretary to the Government of Assam, Transport Department.Director of Inland Transport Ulubari, Gauhati.
