THE JAMMU ANDKASHMIR

FERRIES ANDFERRY BOATS

CONTROLORDER, 1992

Contents1. Short title and commencement2. Definitions3. Manner of making application for

grant of licence

4. Form and validity period of thepermit

5. Renewal of permit6. Cancellation of permit on grounds

of disease or disability7. Power of Competent Authority to

disqualify for holding a permit8. Order refusing or revoking permit

and appeals therefrom9. Suspension of permit in certain

cases10. Registration of a ferry boat11. Manner of registering a ferry boat12. Inspection of ferry boat at the time

of registration13. Refusal of registration or renewal

of Certificate of Registration14. Necessity of permits

15. General conditions16. Facts to be kept in view while

considering application for grant ofpermits

17. Random check of boats18. Penalty

FORM: AFORM: BFORM: CFORM: DFORM: E

THE JAMMU AND

KASHMIR FERRIESAND FERRY

BOATS CONTROLORDER, 1992

Revenue DepartmentNotification SRO-292

Dated 15th December, 1992

In exercise o f the powersconferred by section 3 of the Jammuand Kashmir Ferry Boats Control Act,1971 (Act No. XVIII of 1971), theGove rnment h e r e b y makes thefollowing order for controlling andp l y i ng of ferry boats o v e r watercourses in the State, namely:-

1. Short title andcommencement

T h i s o rde r m a y be called theJammu and Kashmir Ferries andFerry Boats Control Order, 1992.

I t shall come into force from thed a t e o f its publication i n theGovernment Gazette.

2. Definitions

I n t h i s o r d e r un l e s s there isanything repugnant in the subject orcontext:-

'Act' means t h e Jammu andKashmir Fe r r y Boats Control Act,1971;

'Appellate Authority' means theD i v i s i ona l Commissioner of theconcerned province;

'Competent Authority' means theDeputy Commissioner of the District;

'Fare ' means and includes sums

payable in respect of hire ortransport of any carriage;

'Form' means fo rm appended tothis order;

(f) 'Registering Authority' meanst h e c o n c e r n e d AssistantCommissioner (Revenue) or Sub-Divisional Magistrate a s t h e casemay be.

3. Manner of making applicationfor grant of licence

A n y person who is desirous ofoperating a ferry boat over any watercourse in the State may apply to theCompetent Authority for grant of apermit.

Every application made undersub-para (1) shall be in Form 'A' tobe signed by or shall bear thumbimpression of the applicant i n twoplaces and contain all the informationas mentioned in the Form and shallbe accompanied by three copies of

photograph (passport size) of theapplicant.

The Competent Authority shall,after considering all the factsmentioned in the application, grantthe permit in Form TB' and imposesuch conditions as may be deemednecessary subject to which ferry boatshall be operated over t h e water-course.

No person other than the permitholder shall use the permit grantedby the Competent Authority.

No person whose age is below

eighteen years shall operate ferryboat over any water-course.

Where the application is for apermit to operate as a paidemployee o r where in any case theCompetent Authority for reasons tobe recorded in writing, so directs, theapplication s h a l l be accompaniedwith a medical Certificate of Fitnessof the applicant s i g n e d b y aRegistered Medical Practitioner of therank of Assistant Surgeon.

If from the application or from themedical certificate referred to above,

it appears that the applicant issuffering from any disease ordisability which is likely to be asource of danger to the public or tothe passengers, the CompetentAuthority shall not grant permit tothe person concerned and thegrounds of refusal shall becommunicated to the applicant.

No permit for operating shall beissued to any applicant unless hepasses, to the satisfaction of theCompetent Authority, a t e s t ofcompetence to operate a ferry boat.

F o r t h i s purpose, the CompetentAuthority may constitute a boardcomprising of Revenue, Police and

Irrigation officials of that area whow i l l recommend to the CompetentAuthority whether or not the permitshould be granted.

4. Form and validity period ofthe permit

Every permit for operating a ferryboat shall be in Form 'B\

Subject to the provisions of rule 6and rule 7 permit granted or renewedshall be valid for a period of 2 yearsfrom the date of issue or renewal ofsuch permit as the case may be.

5. Renewal of permit

The Competent Authority may, onapplication made to it, renew thepermit. An application for renewal ofpermit shall be made in Form 'C

Where an application for therenewal of a permit i s made on orafter its validity date expires a fee ofRs. 15/- for permit for manual ferryboats and Rs. 30/- for permit formechanised ferry boats shall becharged as fee for renewal.

6. Cancellation of permit ongrounds of disease or disability

Notwithstanding anythingcontained in the foregoing paras, theCompetent Authority may at anytime, for sufficient reasons to berecorded in writing, cancel thepermit, or may re qu i re , a s acondition of continuing to hold suchpermit to the holder thereof, tofurnish a fresh medical certificate asprovided for in sub-para (6) of para3.

7. Power of CompetentAuthority to disqualify for holding apermit

(1) If the Competent Authority issatisfied, after giving him anopportunity of being heard, that anyperson:-

is a habitual criminal or a habitualdrunkard; or

is using or has used a ferry boat inthe commission of cognisableoffence, or

is by his previous conduct asoperator of a ferry boat, dangerous

to the public; or

i s using or has used the boat forthe purpose other than the purposef o r which the permit has beengranted in his favour, it may, forreasons to be recorded in writing,make an order disqualifying such aperson for holding or obtaining anypermit and for operating a ferry boatfor the period t o b e specified i n theorder.

Upon the issue of any such order,the person affected shall forthwithsurrender his permit t o the

Competent Authority who shall keepit until the disqualification hasexpired or has been removed.

Any person aggrieved by the ordero f the Competent Authority may,within 15 days of the receipt o f theorder, make a n application to theAppellate Authority.

The Appellate Authority may, aftergiving an opportunity of being heardto the party and making such inquiryas it deems fit, make an order whichshall be final.

8. Order refusing or revokingpermit and appeals therefrom

Where the Competent Authorityrefuses to grant or renew or revokesany permit it shall do so by an orderto be communicated to the applicanto r the holder thereof, as the casemay be, giving the reasons in writingfor such refusal or revocation.

Any person aggrieved by an ordermade under sub-clause (1) may,within 15 days from the date of suchorder, make an application to theAppellate Authority who shall decide

the application after g i v i ng suchperson an opportunity of being hearda n d t h e decision of the AppellateAuthority shall be final.

9. Suspension of permit incertain cases

Where a case is registered by aPolice Officer on the allegation thatthe holder of the pe rmi t has byreckless or dangerous driving causedthe death of or grievious hurt to, oneor more persons, the permit held bysuch person shall become and shallremain, suspended for a period of 6months from the date on which thecase is registered or if such person isdischarged or acquitted before theexpiry of said period, until suchdischarge or acquittal a s the case

may be.

Where by virtue of sub-clause (1)the permit held by a person becomessuspended, t h e police officer shallbring t he fact to the notice of theCompetent Authority who will takepossession of t he permit and makean endorsement to this effect.

(3) If the person is convicted inany offence within a period of sixmonths or thereafter, the CompetentAuthority shall cancel the permit.

10. Registration of a ferry boat

No person shall operate any ferryboat and no owner of a ferry boatshall cause or permit a ferry boat tobe operated over the water coursefor purpose of carrying passengers orgoods unless the f e r r y b o a t isregistered in accordance with thisorder.

11. Manner of registering aferry boat

An application b y or on behalf ofthe owner shall be made to theRegistering Authority in Form 'D'which shall contain full informationmentioned in the form.

T h e registration fee for manualferry boats will be Rs. 200/- per boatand that for mechanised ferry boatbe Rs. 500/-.

T h e Registering Authority shalli ssue to the owner of the boa t acertificate of registration in Form 'E'

and keep record with particulars ofsuch a certificate.

The certificate of registration shallbe valid for a period of five yearsfrom the date of issue and shall berenewed upon an application by theowner or his agent within six monthsof the date of expiry of theregistration certificate. The fee forrenewal shall be the same asprovided for issue of originalregistration certificate under sub-clause (2).

12. Inspection of ferry boat atthe time of registration

(1) The Registering Authorityshall, before proceeding to register aferry boat or renew the registrationcertificate in respect thereof, inspectthe ferry boat himself or cause it tob e inspected by any personconversant with navigation so as tosatisfy itself about the veracity of theparticulars contained in theapplication.

13. Refusal of registration orrenewal of Certificate ofRegistration

( 1 ) The Registering Authoritym a y , by an order in writingcommunicated to the applicant,refuse to register or renew thecertificate of registration in respect ofa ferry boat if-

(a) safety requirements have notbeen complied with; or

(b) the ferry boat is mechanicallydefective; or

(c) the condition of the ferry boat

is not safe so as to be permitted tobe used; or

( d ) the particulars in theapplication form are incomplete orare found not to be correct.

(2) Any person aggrieved by theorder passed by Registering Authorityunder sub-clause (1) may make anapplication to the AppellateAuthority, within thirty days of thedate of the service of such orderupon him. The decision of theAppellate Authority shall be final.

14. Necessity of permits

No owner of a ferry boat shall useor permit the use of any ferry boatover the water course whether or notsuch ferry boat is actually carryingany passenger or goods save inaccordance with the conditions ofpermit granted by the CompetentAuthority.

15. General conditions

(1) Every application for permitshall be made to the CompetentAuthority.

(2) Every applicant for grant of anew permit shall deposit alongwithhis application, by way of security anamount of Rs. 100/- in respect ofmanual ferry boats and Rs. 200/- inrespect of mechanised ferry boats.This security shall be non-refundable.

(3) An application for permit shallcontain the following particulars :-

( a ) the number of ferry boats

proposed to be operated under thepermit applied for in relation to eachroute and the type and seatingcapacity or load carrying capacity ofeach ferry boat;

( b ) the route (s) to which theapplication relates within the watercourse;

( c ) the minimum and maximumnumber of daily trips proposed to beprovided in relation to each routeand the time table of such trips;

(d) the arrangements intended tobe made for housing and repairing of

boats, for the comfort, convenienceand safety of passengers and/or forstorage, loading and safety of goods;

(e) the details as to whether theferry boat (s) in relation to the route(s) shall carry men or material orboth, with total loaded weight; and

( f ) any other such details as theCompetent Authority may specify.

16. Facts to be kept in view whileconsidering application for grant ofpermits

(1) The Competent Authorityshall in considering application forpermit, have regard to the followingmatters, namely: -

(a) the interests of the publicgenerally;

(b) the advantages to the publicof the service to be providedincluding the saving of timelikely to be effected therebya n d any other convenience

arising out of performingsuch journeys by the ferryboats;

(c) the adequacy or otherwise ofother ferry boat servicesoperating or likely to operatein near future between theplaces covered;

(d) the benefit to any particularlocality (ies) or village (s)likely to be afforded by theservice;

(e) the operation by theapplicant of other ferry boat

services including, those inrespect of which applicationfrom him for permits arepending;

(f) the feasibility of plying ferryboats in general andlimitation on such ferry boatsservices on the proposedroutes, and shall also takeinto consideration anyrepresentations made bypersons already providingferry boat services along ornear the proposed route or

by any local authority orpolice authority within whosejurisdiction any part of theproposed route lies.

(2) The Competent Authority shallrefuse to grant a permit if it appearsfrom any time table furnished thatthe provisions relating to speed ofboats etc. are likely to becontravened;

Provided that before such refusalan opportunity shall be given to theapplicant to amend the time table soas to conform to such provision (s).

The Competent Authority may,having regard to the mattersmentioned in sub-clause (1), limit thenumber of ferry boats generally orany specified type either o n aparticular route or in the entirecourse as whole at any point of limit.

Any person aggrieved by the orderof the Competent Authority undersub-clause (2) or (3) may make anapplication to the Appellate Authoritywithin thirty days of such order. Thedecision of the Appellate Authorityshall be final.

17. Random check of boats

The Assistant Sub-Inspector ofPolice Station concerned shall verifyoccasional ly if the person whopossesses permit does not violateany of the conditions on which permitstands issued for plying a ferry boatand see whether t h e persons orgoods as the case may be, areaccording to the seating capacity orload carrying capacity.

The concerned Assistant Sub-Inspector shall withhold t h e licenceo f the boatman and report the

matter to the Competent Authoritythrough Station Headquarter Officerfor action in violation o f any of theconditions for which licence has beengranted.

18. Penalty

Any person who contravenes anyof the provisions of this order or anyo f the condition of any permitgranted under the Act o r this ordershall be punished by the CompetentAuthority with a fine no t exceedingone thousand rupees.

FORM: A(Para-2)

To,

The Competent Authority, Sir,

Respectfully, I beg t o say that Iintend t o engage a ferry boat overthe water course namely as I amprofess i o n a l boatman. This isintended t o engage myself with thesa id provision in order to earn mylivelihood. The specification of thefe rry boat is given below; Kindlyissue a permit in my favour.

Specification of the ferry boat.

(a) Name..........................

(in local language)

Length..................................

Width...................................

Yours faithfully, (Name andAddress)

FORM: B(PARA-2)

Shri…………………………..S/o……………………………

R/o…………… is permitted to operatethe ferry boat of which specificationis given below. This permit shallremain valid for a period of years.

Specification of the ferryboat

(a) Name___________________

(in the local language)

Length____________________

Width_____________________

Competent Authority.

(Seal and Signature)

FORM: C

(PARA-5)

T h e P e r m i t i s s u e d u n d e r

N o … … … … … … . d a t e d … … … … I n

f a v o u r o f … … … … … … … … … …

S / o … … … … … … … …

R/o……………………………………… is

renewed from……………………… which

shall remain valid for a period

of……………………… years.

Competent Authority(Seal and Signature)

FORM: D(PARA-1)

ToThe Registering Authority,……………………………..……………………………..

Sir,

R e s p e c t f u l l y , I _____________

,______________________

S/o_________________________

R/o_____________ intend to operate

a ferry boat (manual or mechanized)

which is owned

by me over the water course

namely______________________. It

is therefore requested kindly register

my ferry boat specification whereof is

given below :

Specification of the ferry

boat:

(a) N a m e_________________

(in the local language)

( b ) L e n g t h_________________

( c ) W i d t h__________________

Yours faithfully,

(Name and Address)

FORM: E(PARA-l)

The ferry boat (manual or

mechanized) specification whereof is

given below is registered for being

operated over the water course

namely........................................................................................................

.................................................. by Shri

....................................................

S/o .............................

R/o........................ s u b j e c t to

condition that a permi t as provided

for in the order i s obtained from the

Competent Authority.

Specification of the ferry boat(a) Name............................

(in the local language)

(b)

Manual/Mechanized...............

(c) Length.............................

(d) Width.............................

Yours faithfully,Registering Authority

(seal and signature)