- (1.) The short question that arises for our decision in this appeal is whether the settlement by the Executive Engineer, Golaghat in the State of Assam, of the ferry at Neperpatty on the second respondent, Phuka Chandra Gohain, on January 23, 1961 was in accordance with the provisions of the Northern India Ferries Act, 1878, hereinafter referred to as "the Act", and the rules framed thereunder.
(2.) The relevant provisions of the Act bearing on this question might now be referred to. Under s. 4. , the State Government may, from time to time, declare what ferries shall be deemed public ferries. Section 8 of the Act is as follows : "8.The tolls of any public ferry may, from time to time, be let by public auction for a term not exceeding five years with the approval of the Commissioner, or by public auction, or otherwise than by public auction, for any term with the previous sanction of the state Government. The lessee shall conform to the rules made under this Act for the management and control of the ferry, and may be called upon by the officer in whom the immediate superintendence of the ferry is vested, or, if the ferry is managed by a municipal or other public body under section 7 or section 7a, then by that body, to give such security for his good conduct' and for the punctual payment of the rent as the officer or body, as the the case may be, thinks fit. When the tolls are put up to public auction, the said officer or body, as the case may be, or the officer conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of his highest bidder, and may accept any other bid, or may withdraw the tolls from auction. "
(3.) Rule 19 framed under S. 12 of the Act is as follows: "The sale shall generally be by auction to the highest bidder. The Officer conducting the sale for sufficient reason recorded in writing under his hand may refuse to accept the offer of the highest bidder or any bid. The officer shall in accepting the bid consider the following factors among others : (i) Whether the bidder is a native or domicile or an outsider. (ii) Whether the bidder has experience of the ferry business. (iii) Whether he has landed property in his own name within the district or state, can speak the regional language, is finacially sound and of good conduct, etc. ";