Panchayat:Repo18/Law Manual Page0515

best judge in the matter. The Government will do well to look into the statutory provisions, whereunder unnecessary formalities and restraints are prescribed. — Sunny Joseph v. State of Kerala — 2003 (3) KLT 247.

6. Places which shall not be declared as halting places or cart stands.-

A road or land abutting the road shall not ordinarily be declared as public halting place or cart stand: Provided that in particular cases, if it is of opinion that there is sufficient space for road, a halting place or cart stand may be provided in consultation with the authority with whom the road is vested.

7. Other places not to be used as public landing place, halting place or cart stand when such places are provided for.-

A Village Panchayat may, if it has provided public landing place, halting place or cart stand, prohibit within a distance fixed by it, using of any public place or side of public road by any person for the same purpose: Provided that nothing contained in this rule shall apply to a motor vehicles (other than a stage carriage coming within the meaning of the Motor Vehicles] Act, 1988 (Central Act 59 of 1988). Explanation.- Apublic place or the sides of a public road shall not be deemed to be used [as a public halting place or cart stand if a vehicle used] for the carriage of passengers stops there for a time not exceeding two minutes for the purpose of getting down or picking up passengers or their luggage or if a vehicle used for the carriage of goods stops there only for the time required for the loading and unloading of goods.

8. Publication of notice regarding providing of landing place, halting place and cart stand.

- The Village Panchayat shall, if provides a landing place, halting place, or cart stand, publish the fact of such providing including the location of its opening and the rate of fee to be paid for its use, in important places of the Village Panchayat area and in the notice board of the Village Panchayat. A notice, specifying the rate prescribed by the Village Panchayat including the details of the name of the person authorised to collect the fee and the distance within which opening of another public cart stand or similar place is prohibited, shall be affixed in a notice board conspicuously placed in public landing places, halting places and cart stands.

9. Rate of fees.-(1)

Fee shall be levied for the use of a public halting place or cart stand at the rates not exceeding the following, namely:

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തലക്കുറി എഴുത്ത്	Maximum fee for a period not exceeding 24 hours if no amenities are provided	Maximum fee for a period not exceeding 24 hours if amenities are provided
1 For every hand, cart, rickshaw, cycle or cycle rickshaw	1	2
2 Auto-rickshaw	2	3
3 For every cart drawn by animals	2	4
4 For every mini bus, tempo, trekker and minilorry	4	8
5 For every bus and lorry	6	10
6 For every horse, ass, ox, cow, she buffalo and he buffalo	1	2