4. Power to declare establish define and discontinue public ferries.
The State Government may from time to time
(a) declare what ferries shall be deemed public ferries, and the respective districts in which, for the purposes of this Act, they shall be deemed to be situate;
(b) take possession of a private ferry and declare it to be a public ferry;
(c) establish new public ferries where, in its opinion, they are needed;
(d) define the limits of any public ferry;
(e) change the course of any public ferry; and
(f) discontinue any public ferry which it deems unnecessary.
Every such declaration, establishment, definition, change or discontinuance shall be made by notification in the Official Gazette:
1[Provided that when a river lies between two States, the powers conferred by this section shall, in respect of such river, be exercised jointly by the State Governments of those States by notifications in their respective Official Gazettes 2***:]
Provided also that, when any alteration in the course or in the limits of a public ferry is rendered necessary by changes in the river, such alteration may be made, by an order under his hand, by the Commissioner of the Division in which such ferry is situate, or by such other officer as the State Government may, from time to time, appoint by name or in virtue of his office in this behalf.
1. This Act applies to the Lakhimpur Frontier Tract, and to the Sadiya and Balipara Frontier Tracts in Assam, subject to certain modifications, see Assam Government notification No. 442-GS & 443-GS, dated 26th January, 1940.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified). It has been amended in
C.P. by Acts 1 of 1883, 12 of 1891, 4 of 1907, C.P. Acts 1 of 1931 and 23 of 1937; Punjab by Acts 20 of 1883 and 12 of 1891;
U.P. by U.P. Acts 1 of 1914, 29 of 1948 and 8 of 1960 (w.e.f. 22-5-1960).
Sambalpur District by Acts 1 of 1883, 12 of 1891, Ben. Act 1 of 1911 and Orissa Act 6 of 1993; 15 of 1948. Coorg by Coorg Act 6 of 1940; and
Ajmer by Act 6 of 1945.
Orissa by Orissa Act 23 of 1950.
2. Subs. by the A.O. 1950, for "the United Provinces, East Punjab, the Central Provinces, Assam, Delhi and Ajmer Merwara".
3. Subs. by the A.O.1948.
4. Added by the Adaptation of Laws (No. 2) Order, 1956.