The Canals Act, 1864

Act No. V of 1864
Date of Assent: 8th June, 1864
Status: Active

Preamble

An Act to amend and consolidate the law relating to the collection of tolls on canals and other lines of navigation, and for the construction and improvement of lines of navigation in Bangladesh

WHEREAS it is expedient to amend and consolidate the law relating to the collection of tolls on canals and lines of navigation and to authorize the collection of tolls on such other lines of navigation as may hereafter be rendered subject to the provisions to this Act, and to provide for the construction and improvement of lines of navigation;

Definitions

Section 1 - Interpretation

The following words shall have the several meanings hereby assigned to them:

Vessel: shall include any ship, barge, boat, raft, timber, bamboos or floating materials, propelled in any manner

Line of navigation: shall mean any navigable channel subject to the provisions of this Act

Channel: shall include any river, canal, khal, nala or waterway, whether natural or artificial

Person: shall include any company, association or body of persons, whether incorporated or not

Application and Construction

Section 2 - What Navigable Channels May Be Rendered Subject to Provisions of Act

It shall be lawful for the Government from time to time, by notification to that effect published in the official Gazette, to declare that the provisions of this Act shall apply to any navigable channel specified in such notification.

Section 3 - By Whom Navigable Channels May Be Made

It shall be lawful for the Government from time to time, to authorize any person to make and open any navigable channel, or to clear and deepen any navigable channel, and to stop any watercourse, or make any tracking path, or do any other act necessary for the making or improvement of any such channel.

Section 4 - Mode of Obtaining Land for the Purpose

The Government may take possession, as for a public purpose, of any land that may be necessary for the execution of any of the above-mentioned works, under the provisions of any Act in force for the taking possession of land for public purposes.

Tolls and Collection

Tolls, at such rate as shall be fixed in manner hereinafter mentioned, shall be paid in respect of all vessels entering upon, or passing along, any of the lines of navigation subject to the provisions of this Act.

Section 6 - Government May Fix and Alter Rates of Tolls

The Government may fix, and from time to time alter, the rates at which such tolls shall be levied, provided that no toll shall be levied until notice shall have been published in the official Gazette.

Section 7 - Publication of Rates of Toll at Every Toll-House

Notification of the rates of toll and of the places of collection shall be at all times exhibited to public view at every toll-house where toll is levied under this Act, in the English and Bengali languages.

Section 8 - Government to Appoint Persons to Collect Tolls

The Government shall appoint such person as it may think fit to collect tolls under this Act, and it shall be lawful for any person, so appointed to farm the collection of tolls to any other person, with the sanction of the Government.

Section 9 - Payment of Tolls How Enforced

If any toll due under the provisions of this Act in respect of any vessel shall not be paid on demand, it shall be lawful for the authorized person to seize such vessel, and any furniture thereof, and to detain the same.

Penalties and Enforcement

Section 10 - Penalty for Evasion of Toll

Any person who shall refuse or evade, or attempt to evade, any toll due under this Act shall be punished, on conviction before a Magistrate, with a fine which may extend to fifty taka, or with simple imprisonment in lieu of fine which may extend to one month.

It shall be lawful for the Government from time to time to make rules not repugnant to any law in force, for the management of any line of navigation subject to this Act, and for regulating the conduct of persons employed for any of the purposes of this Act.

Supervision and Obstruction Removal

Section 13 - Appointment of Supervisor with Power to Remove Obstruction

It shall be lawful for the Government to appoint any person to be the supervisor of any line of navigation subject to the provisions of this Act; and such person shall be empowered to cut down and remove any tree which may have fallen or may be likely to fall into such line of navigation, and to remove any sunken vessel, and to prevent or remove any other nuisance or obstruction to navigation.

Any person who shall wilfully cause or shall aid in causing any obstruction to any line of navigation, or any damage to the banks or works of such line of navigation, shall be punished on conviction before a Magistrate with simple imprisonment which may extend to one month, or with fine which may extend to fifty taka, or with both.

Jurisdiction and Short Title

Section 18 - Offences by Whom Punishable

If any person shall be guilty of an offence against the provisions of this Act on any line of navigation subject to this Act, such offence shall be punishable by any Magistrate having jurisdiction over any district or place adjoining such line of navigation.

Section 20 - Short Title

This Act may be cited as the Canals Act, 1864.

Historical Context

This Act was enacted to regulate and collect tolls on navigable waterways, which were crucial for transportation and commerce during the British colonial period.

Current Application

This Act continues to provide the legal framework for regulating navigation on certain waterways and the collection of tolls in Bangladesh.

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-14.html