COCHIN FERRIES AND TOLLS RULES, 1083

THE COCHIN FERRIES AND TOLLS RULES, 1083

The following rules in regard to the leasing and management of the public ferries in the State are hereby promulgated by the Diwan for the information and guidance of the Revenue Officers. They will come into force from the 1st Thulam, 1083.

1. The right of Collecting the ferry charges payable at the public ferry of the state established under section 3 of Act III of 1082 (Ferries and Tolls Act) will be sold by public auction by the Sub Divisional Officer of the taluk in which the ferries are situate, except the Ernakulam - Mattancheri which will be sold by the [Executive Engineer]. At least 15 days previous to the Sale, notification shall be published in the Cochin Government Gazette specifying the places at which the auction sale will be held, the period for which the leases will run and the upset prices at which they will be put up for sale. The period should not exceed 3 years and as a rule should be confined to one year. The sale should be held one month prior to the date of expiry of the current lease. The officer who conducts the sale will be at liberty to raise the upset price or lower it as the case may be.

2. The leases will be knocked down to the highest bidder above the upset prices subject to confirmation by the Diwan in the case of the Ernakulam - Mattancheri ferry and also in all cases where the amount of the previous year's lease being not less than Rupees 100 the highest bid has fallen short of the amounts obtained on the previous year. In all other cases the Executive Engineer shall be at liberty to reject all or any of the bids.

3. Persons intending to bid must attend in person or by duly authorised agents, and shall not be allowed to bid unless they deposit, before the sale conferences, such amount as the Executive Engineer may direct. The deposit of unsuccessful bidders will be returned to them at the close of the sale.

4. Within a week after the intimation of the confirmation of the same the lessee shall pay into the taluk treasury such further amount as with the deposit already made will make up 30 per cent of the bid or furnish security for half the amount of hid bid. In default, the lease will be resold at his risk, the deposit being held liable in the first instance for the loss accruing from Such resale.

5. The lessee shall execute an agreement in such form as the Diwan or the Executive Engineer may prescribe and register it if so ordered by him. The cost of registration as well as value of the stamped paper required for the execution of the agreement shall be borne by the lessee. The lessee shall not transfer or sub-let the leases without the previous sanction of the Diwan or the Executive Engineer.

6. The lessee shall pay the amount according to the lessee in such install as the Diwan or the Executive Engineer may direct. When any installment is overdue, the Diwan or the Executive Engineer may either place the ferry under Government management or resell the lease at the defaulter's risk.

7. The lessee's deposit shall be liable for the satisfaction of any claim arising against him; any balance which remains will be returned to him on the portion of the lease.

8. The Sub-Divisional Officer of taluks shall maintain a D.C.B amount of ferry receipts and submit a quarterly statement to the Executive. They shall also maintain a correct list annually of all the established rules in the taluk showing against each the lease amount and the time of the lease.

9. The lease shall provide himself with boats in good condition and them in good repair. He shall ply his boats between certain fixed points will be specified in the sale notification and in the agreement which to the Government and shall not take over or land passengers except those points.

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10. The lessee shall have a sufficient number of boats in readiness at the side of the ferry and shall ply his boats in readiness at each side of the ferry and shall take care that British Mails and Cochin male passengers, animals and goods are not unnecessarily delayed. Whether by day or by night at such hours to be specified in the agreement, but are carried over with expedition.

11. The rate for ferry charges for passengers, goods or animals fixed by the Diwan from time to time under section 5 of the Ferries and Tolls Act, Ill of 1082 shall be specified.

12. Every passenger will be allowed to carry with him his luggage, not exceeding a cooly load or Indian maund in Weight free. Any quantity of luggage in excess of his limit shall be charged at the rates that may be fixed from time to time and specified in the sale notification.

13. The following persons shall be conveyed free of charge over all the ferries in the State.

(a) Members of the Cochin Police Force, viz., constables, Head Constables and Inspectors in uniform together with such prisoners or stolen property as may be in their charge.

(b) Nayar Brigage Sepoys traveling on duly and bearing passes signed by the head of the force.

(c) All Sirkar person employed to carry official reports and record when so carrying such reports and records, and bearing passes signed by the head of the office.

(d) All servants of the Sanitary Board traveling on duly with their jurisdiction and bearing passes signed by the President.

(e) Children under 5 years of age.

(f) Gosayis and Bairagis

(g) Students going to or from a Sirkar or any private school record wing grant-in-aid from the Sirkar and bearing passes signed by their Head Master and bona-fide students of institution bearing passes signed by the Executive Engineer

(h) Such other person as may be from time to time, be exempted by the Diwan.

Explanation:- The exemption of any person under the rules extends also to animals and conveyances actually used by him in traveling.

14. The Executive Engineer or sub-Divisional Officer shall determine the weight of cargo and the number of passengers which each boat can safely carry. He shall also prescribe the number and class of boats be maintained by the lessee and the number of men by whom they shall be worked.

15. The number of passengers and the weight of cargo which each boat can carry shall be specified in the agreement and shall be legibly painted thereof in Malayalam, and no passengers or cargo in excess of the limit shall at any one time be allowed on the boat. The lessee shall not use any boats other than these mark 1 as aforesaid.

16. The Diwan or the Executive Engineer may cancel the lease or any breach of the above rule recovering the balance of the rent for the year or in lieu thereof. Recover from the lessee a penalty not exceeding Rupees 10 for each such breach.

17. These rules shall be exhibited to public view in Malayalam and English on each side of the ferry.

18. As soon as the lease of all the ferries in the State is confirmed, the Executive Engineer will submit to the Diwan a consolidated taluk war statement showing (1) the names of ferries, (2) the amounts of the previous year's leases, (3) the amounts of the leases for the year, (4) the rates of charges for each ferry and (5) explanations for marked variations between (2) and (3).

19. From the date of this order all unauthorised or private ferries over any river, backwater or channel should cease to ply. The Sub-Divisional Officer will submit proposals for establishing Government ferries at any place in which private ferries are now Working so as to bring the ferries under Government control and supervision and thereby ensure public safety and convenience.

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The following rules in regard to the leasing and management of the toll-gates of the State are hereby promulgated by the Diwan for the information and guidance of the Revenue Officer. They will come into force from the 1st Thulam 1033.

1. The right of Collecting the tolls payable at the public toll-gates of the State established by the Diwan under section 3 of Act III of 1082 (Ferries and Tolls Act) will be sold by public auction by the Tahsildar of the taluk in which the toll-gates shall are situated. At least 15 days previous to the sale, a notification shall be published in the Cochin Government Gazette specifying the places at which auction sale will be held, the period for which the leases will run and the upset prices at which they will be put up for sale. The period should be held one month prior to the date of expiry of the current lease. The Officer who conducts the sale will be at liberty to raise the upset price or lower it as the lease may be.

2. The leases will be knocked down to the highest bidder above the prices, subject to confirmation by Diwan perishkar provided the amount of the highest bid obtained shall be reported to the Diwan for Confirmation, The Diwan or the Diwan perishkar shall be at to reject all or any of the bids.

3. Persons intending to bid must attend in person or by duly authorised and shall not be allowed to bid unless they deposit before the sale composes such amount as may be specified in the sale notification. The deposits of successful bidders will be returned to them at the close of the sale.

4. Within a week after receiving intimation of the confirmation of the lease shall pay into the taluk treasury such further amount as with deposit already made will make up 33 per cent of the bidder furnish security the amount of his bid. In default the lease will be resold at his risk, deposit being held liable in the first instance for the loss accruing from resale.

5. The lessee shall execute an agreement in such form as the Diwan or the Diwan perishkar may prescribe and register it if so ordered by him. The cost of registration as well as value of the stamped paper required for exemption of the agreement shall be borne by the lessee. (a) The lessee shall not transfer or sub-let the lease without the previous sanction of the Diwan or the Executive Engineer. (b) The lessee shall pay the amount according to the lease in such installments as the Diwan or the Executive Engineer may either place the toll-gate under Government management or resell the lease at the defaulter's risk.

6. The lessee's deposit shall be liable for the satisfaction of any claims arising against him; any balance which remains will be returned to him on the expiration of the lease.

7. The Tahsildars of the taluks shall maintain a D.C.B account of the toll-gate receipts and submit a quarterly statement to the Diwan Perishkar. They shall also maintain a correct list annually of all the established toll-gates in the taluk showing against each the lease amount and the time of expiry of the lease

8. The rates of tolls to be levied by the contractor at the toll-gates for conveyances or animals fixed by the Diwan from time to time under section 5 of the Ferries and Tolls Act III of 1082 shall be specified in the sale notification.

9. No toll shall be levied on any carriage passing through the same toll-gate more than once on the same day. But if the carriage having no passenger or goods in it is allowed to pass through the same toll-gate on the same day with passengers or goods in it, the contractor may levy the excess toll at the prescribed rate. Note:- 'Day' means the period of sunrise on a day to sunrise on the next day

10. The Contractor must give proper receipts for all amounts recovered by him.

11. No toll shall be levied on

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(a) Carriages engaged by the officers of the Police and Salt Departments and on the goods or carriages in their custody.

(b) Carriages engaged by the Nayar Brigade sepoys or the British sepoys and the goods belonging to them.

(c) Sirkar elephants used for procession of any incorporated or unincorporated temples.

(d) Carriages engaged by the officers of the Public Works Department.

(e) Carriages and goods belonging to the British Postal and Telegraph Department and the Cochin Anchal Department.

(f) Sirkar Carriages, treasure or other goods.

(g) Such other conveyances or animals as may, from time to time be exempted by the Diwan.

12. The Diwan or the Diwan Perishkar may cancel the lease for any breach of the above rules, recovering the balance of the rent for the year or the lease a penalty not exceeding Rs.10 for each

13. The contractor must maintain correct accounts of receipts and they shall be open to inspection by any officer the Diwan or the Diwan Perishkar may direct.

14. All toll-gate lessees shall always provide themselves with charge for not less than Rs.10 SO that passengers may not be delayed at the toll-gate.

15. The above rules shall generally apply to all toll-gates in the State. If, in respect of any particular toll-gate in the State, the Diwan or the Diwan Perishkar is of opinion that the rules do not make adequate provision against any hardship entailing on the public on account of any special circumstances Connected with its location or otherwise, it shall also be governed by such additional rules as may be issued by or with the previous sanction of the Diwan.

16. These rules shall be exhibited to Public view in English and Malayalam at each tollgates.

17. As soon as the lease of all the tolls in the State is confirmed, the Diwan Perishkar will Submit to the Diwan a Consolidated taluk-war statement showing

(i) The name of the tolls.

(ii) The amounts of previous years lease.

(iii) The amount of the leases for the year.

(iv) The rates of tolls levied at the toll-gates.

(v) Explanation for marked variation between (ii) and (iii).

NOTIFICATION

In exercise of the power vested in the Diwan under section 3 of Act 11 of 1082 (ferries and Tolls Act), it is hereby notified for general information the public ferries of the State as shown in the sub joined statement have published by the Diwan.

List of existing Ferries in the Cochin State Cochin-Kanauannur Taluk

1. Ernakulam-Mattancherry

2. Kumbalam

3. Venduruthy-Palluruthy Nada

4. Venduruthy-Thevara

5. Mulavukad-Elankunnupuzha

6. Bolghatty-Vallarpadam

7. Murikkumpadom-Vallarpadam

8. Poozhithode-Chittur

9. Chathiath Kadavu-Mullavukad

10. Walathuruth-Chathedom

11. Thevara

12. Kattathu Kadavu-Punambukad

13. Perumanur-Venduruthy

14. Gothuruthu-Chathedom Vadakkethuruth

15. Cheranellur-Korampadom

16. Ambazathu KadaVu

17. Ochenthuruth-Vallarpadom

18. 'Ivaduthala-Chittur

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