Panchayat:Repo18/vol2-page0022: Difference between revisions
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'''7A. Power to declare that ferries not being public ferries shall be subject to rules for securing the safety of passengers.-''' (1) The State Government) may, by notification in the Official Gazette, declare that any ferry, not being a public ferry, shall be subject to any rules made by them under this section for the purpose of securing the safety of passengers conveyed across the ferry. | ====='''7A. Power to declare that ferries not being public ferries shall be subject to rules for securing the safety of passengers.-'''===== | ||
(1) The State Government) may, by notification in the Official Gazette, declare that any ferry, not being a public ferry, shall be subject to any rules made by them under this section for the purpose of securing the safety of passengers conveyed across the ferry. | |||
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for:- | (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for:- | ||
(i) the types of vessels that may be used for conveying passengers across the ferry; and | :(i) the types of vessels that may be used for conveying passengers across the ferry; and | ||
(ii) the number of passengers that may be so conveyed on vessels of each such type. | :(ii) the number of passengers that may be so conveyed on vessels of each such type. | ||
'''8. Power to apply Act to any ferry and define limits of ferry-'''The State Government may, by notification in the Official Gazette, declare any ferry to be subject to the provisions of Sections 9 to 18 of this Act from a date to be named in such notification, and may define the limits of such ferry. The 10 State Government may, in like manner, cancel or modify any Such notification. | ====='''8. Power to apply Act to any ferry and define limits of ferry-'''===== | ||
The State Government may, by notification in the Official Gazette, declare any ferry to be subject to the provisions of Sections 9 to 18 of this Act from a date to be named in such notification, and may define the limits of such ferry. The 10 State Government may, in like manner, cancel or modify any Such notification. | |||
'''9. Upon Such application existing rights of ferry to cease.-''' From such date all previously existing rights of ferry within the limits defined in the notification shall cease and determine and it shall be unlawful for any person not duly authorised to convey goods, animals or passengers by means of vessels across a channel within such limits while Such notification is in force: | ====='''9. Upon Such application existing rights of ferry to cease.-'''===== | ||
From such date all previously existing rights of ferry within the limits defined in the notification shall cease and determine and it shall be unlawful for any person not duly authorised to convey goods, animals or passengers by means of vessels across a channel within such limits while Such notification is in force: | |||
'''Proviso:-''' Provided that, when rights of ferry are extinguished under this section, compensation shall be payable for such extinction and shall be assessed as near as may be under any law for the time being in force relating to the acquisition of land for public purposes. | '''Proviso:-''' Provided that, when rights of ferry are extinguished under this section, compensation shall be payable for such extinction and shall be assessed as near as may be under any law for the time being in force relating to the acquisition of land for public purposes. | ||
'''10. Power of Municipality or Panchayat to provide for management of ferries.-''' | ====='''10. Power of Municipality or Panchayat to provide for management of ferries.-'''===== | ||
(1) A Municipality or Panchayat may | (1) A Municipality or Panchayat may | ||
(a) Provide for the management of any public ferry; or | :(a) Provide for the management of any public ferry; or | ||
(b) Authorise any person to convey passengers, animals, vehicles or goods across a channel by means of vessels at any public ferry, or | :(b) Authorise any person to convey passengers, animals, vehicles or goods across a channel by means of vessels at any public ferry, or | ||
(2) All vessels used by a person authorized under clause (b) of Sub-section (1) shall be licensed and the Municipality or the Panchayat, as the case may be, may fix the fees payable for such license. | (2) All vessels used by a person authorized under clause (b) of Sub-section (1) shall be licensed and the Municipality or the Panchayat, as the case may be, may fix the fees payable for such license. | ||
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(4) A notice in English and Malayalam specifying the charges levy-able at a ferry under subsection (3) shall be exhibited to public view on each side of the ferry. | (4) A notice in English and Malayalam specifying the charges levy-able at a ferry under subsection (3) shall be exhibited to public view on each side of the ferry. | ||
'''10A.Power to take action for default by a Panchayat or a Municipality.-'''(1) If at any time, it appears to the Government that a Panchayat or a Municipality has made default in performing any duty imposed by or under this Act or in carrying out any orders lawfully issued by the Government, the Government may, by order in writing, fix a period for the performance of such duty, or the carrying Out of Such order. | ====='''10A.Power to take action for default by a Panchayat or a Municipality.-'''===== | ||
(1) If at any time, it appears to the Government that a Panchayat or a Municipality has made default in performing any duty imposed by or under this Act or in carrying out any orders lawfully issued by the Government, the Government may, by order in writing, fix a period for the performance of such duty, or the carrying Out of Such order. | |||
{{Approved}} | {{Approved}} |
Revision as of 12:49, 29 May 2019
7A. Power to declare that ferries not being public ferries shall be subject to rules for securing the safety of passengers.-
(1) The State Government) may, by notification in the Official Gazette, declare that any ferry, not being a public ferry, shall be subject to any rules made by them under this section for the purpose of securing the safety of passengers conveyed across the ferry.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for:-
- (i) the types of vessels that may be used for conveying passengers across the ferry; and
- (ii) the number of passengers that may be so conveyed on vessels of each such type.
8. Power to apply Act to any ferry and define limits of ferry-
The State Government may, by notification in the Official Gazette, declare any ferry to be subject to the provisions of Sections 9 to 18 of this Act from a date to be named in such notification, and may define the limits of such ferry. The 10 State Government may, in like manner, cancel or modify any Such notification.
9. Upon Such application existing rights of ferry to cease.-
From such date all previously existing rights of ferry within the limits defined in the notification shall cease and determine and it shall be unlawful for any person not duly authorised to convey goods, animals or passengers by means of vessels across a channel within such limits while Such notification is in force:
Proviso:- Provided that, when rights of ferry are extinguished under this section, compensation shall be payable for such extinction and shall be assessed as near as may be under any law for the time being in force relating to the acquisition of land for public purposes.
10. Power of Municipality or Panchayat to provide for management of ferries.-
(1) A Municipality or Panchayat may
- (a) Provide for the management of any public ferry; or
- (b) Authorise any person to convey passengers, animals, vehicles or goods across a channel by means of vessels at any public ferry, or
(2) All vessels used by a person authorized under clause (b) of Sub-section (1) shall be licensed and the Municipality or the Panchayat, as the case may be, may fix the fees payable for such license.
(3) In the cases referred to in clauses (a) and (b) of Sub-section (1), the Municipality or Panchayat may levy charges at such rates as they may fix upon passengers, animals, vehicles and goods conveyed across the ferry.
(4) A notice in English and Malayalam specifying the charges levy-able at a ferry under subsection (3) shall be exhibited to public view on each side of the ferry.
10A.Power to take action for default by a Panchayat or a Municipality.-
(1) If at any time, it appears to the Government that a Panchayat or a Municipality has made default in performing any duty imposed by or under this Act or in carrying out any orders lawfully issued by the Government, the Government may, by order in writing, fix a period for the performance of such duty, or the carrying Out of Such order.