COCHIN FERRIES AND TOLLS ACT, 1082

THE COCHIN FERRIES AND TOLLS ACT, 1082

Sections

1. Short title, Commencement and local event

2. Definitions

3. A municipality or a village panchayat to establish ferries and tollgates

3A. Transfer of existing ferries to Municipalities and Village panchayats

4. Management of ferries and Collection of ferry charges and tolls

5. A municipality or a village panchayat to fix rates for ferry charges tolls

6. Penalty for non-Payment of ferry charges and tolls

7. Security may be required from lessee of ferries

7 A. Power to take action for default by a Village Panchayat or a Municipality

8. Procedure in case of defective management of ferries leased out

9. Recovery of expenses incurred on account of defaulting lessee

10. Penalty for evasion of ferry charge or toll and for unauthorised levy of toll, etc

11. Power of Magistrate to order Confiscation

12. Node of recovering fine

13. Omitted

THE COCHIN FERRIES AND TOLLS RULES, 1083

Rules Regarding leasing and Management of Public Ferries

Rules regarding Leasing and Management of toll-gates

THE COCHIN FERRIES AND TOLLS [ACT], 1082

{(Act III of 1082)}}

(Amended by Act 1 of 1109, Act 1 of 1088, Act 7 of 1980, Act 16 of 2000 and proclamation V of 1112)

Passed by His Highness the [Maharajah] of Cochin on the 21st day of Edavam 1082 corresponding with the 3rd day of June, 1907. Preamble.- Whereas it is expedient to provide for the better management of ferries and tolls in Cochin, it is hereby enacted as follows:-

1. Short title, commencement and local extent.- This Act may be called the "Cochin Ferries and Tolls Act, 1082”. It extends to the whole of Cochin and shall come into force on the first day of Chingom 1083 M.E.

2. Definitions.- In this Act

(1) "Vessel includes any ship, barge, boat, raft, timber, bamboos or floating materials propelled In any manner;

(2) "Channel' includes any waterway, whether natural or artificial;

(3) "Ferry' means a place at which goods, animals or passengers are conveyed across a channel by means of vessels;

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(4) "Conveyance' includes all carriages, carts, palanquins and manchals.

[(5) “Municipality means a town panchayat, a municipal Council or a municipal corporation constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994);

(6) Village panchayat means a village panchayat, constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994)]

[3. A municipality or a village panchayat] to establish ferries and toll-gates.- [A municipality or a village panchayat may with the prior permission of the Government] establish ferries across any channel and toll-gates on any road at such points as may be selected, and shall maintain or cause to be maintained vessels for carrying passengers, goods or animals across such ferries, and forbid, within such limits as may be prescribed, the transport of passengers, goods or animals across such channel in any vessel except in such as are maintained as aforesaid, and the passage of conveyances or animals except through such toll-gates.

[3A. Transfer of existing ferries to Municipalities and Village panchayats.- All the existing ferries of the Government shall by virtue of this section be transferred to the concerned Municipality or the Village Panchayat as the case may be, for management.

[4. Management of ferries and collection of ferry charges and tolls- Wherever any such ferries and toll-gates shall have been established, under Section 3 or transferred under section 3 A the village panchayat or municipality may lease out the right of levying ferry charges and tolls or appoint such persons as it thinks fit to take charge of and manage such ferries and toll-gates and to collect such ferry charges and tolls under this Act. If such right is leased out, the lessee or his duly authorised agent shall there upon be empowered to collect such ferry charges and tolls in the like manner as any person appointed as aforesaid and they shall maintain such vessels for the use of the ferry as may be directed by the village panchayat or municipality.]

5. [A municipality, or a village panchayat] to fix rates for ferry charges tolls.- [The municipality or the village panchayat] may from time to time, by notification fix and vary the rates for ferry charges payable for conveying passengers, goods, conveyances or animals across such ferries, and for tolls payable on conveyances or animals passing through such toll-gates. A notification of such ferry charges shall be at all times exhibited to public view on each side of the ferry and of such tolls at the toll-gate in the Malayalam and English languages:

[provided that the rates for tolls shall be revised only with the prior permission of Government.]

6. Penalty for non-Payment of ferry charges and tolls.- If any ferry Charge or toll due under the provisions of this Act is not paid on demand to the lessee or his agent, or as the case may be, to the person appointed by [a municipality or a village panchayat] as aforesaid, such lessee or his agent or such person may seize any goods, conveyances or animals chargeable with such ferry charge or toll and detain the same; and he shall, within 24 hours of such seizure and detention, report the same to the Tahsildar of the Taluk in which the seizure has been made, or other public officer duly authorised [a municipality or a village panchayat] in that behalf, unless such charge or toll has been paid in the meantime; and, on receipt of this report, the Tahsildar or other officer as aforesaid shall cause to be put up at his office a notice appointing a day for the sale of the said goods, conveyance or animal. The sale shall be held at some period not less than 15 days from the date of publication of notice of sale; and, if the ferry charge or toll and any expenses occasioned by its non-payment be not paid, or sufficient cause for non-payment be not shown, at or before the time of sale, to the Tahsildar or other officer as aforesaid, such officer shall sell the goods, conveyance or animal seized, or so much thereof as may be approximately necessary to pay the ferry charge or toll, and also any expenses occasioned by non-payment. So much of the properties seized as may not have been sold and so much of the sale proceeds as may be in excess of the Sum necessary for Satisfying the ferry charge or toll and for defraying the expenses

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7. Security may be required from lessee of ferries.- Whenever any ferry shall have been leased out [a Municipality or a village panchayat] may require security to be deposited by the lessee for the maintenance of proper vessels, servants, and appliances. It shall be lawful for any officer [authorised by a Municipality or a village panchayat] in that behalf to inspect such vessels, servants and appliances, and to satisfy himself as to their fitness or otherwise for the business of the ferry, and to report thereon to [a municipality or a village panchayat.]

7 A. Power to take action for default by a Village Panchayat or a Municipality.- (1) If, any time, it appears to the Government that a Village 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.

(2) If such duty is not performed or such order is not carried out within the period fixed under sub-section (1), the Government may, after giving a reasonable opportunity to the Village Panchayat or Municipality as the case may be, to explain why further action under this section may not be pursued, appoint any officer or authority to perform the duty or to carry out the functions and may direct that the expenses incurred therefore shall be paid from the fund of the Village Panchayat or the Municipality as the case may be, within such time as may be specified by the Government.]

8. Procedure in case of defective management of ferries leased out.- Whenever [a municipality Or a village panchayat ] is satisfied that the vessels, or appliances of any ferry which has been leased out are unsafe or insufficient, or that such ferry is not efficiently manned, [it] shall, by notice, call upon the lessee to make good the defect within a reasonable time and inform him that, at the expiration of such time, fixed in the notice, he will be liable, in the event of non compliance, to have his lease cancelled and to have the deficiency complained of made good at his own expense. If the lessee shall not comply with the terms of the notice, [a municipality or a village panchayat] shall be at liberty to make good the deficiency at the expense of the lessee, and to cancel his lease.

9. Recovery of expenses incurred on account of defaulting lessee.- In case the [Government or a Municipality or a Panchayat] shall have incurred any expense on behalf of the lessee under the preceding section, the same may be deducted from the security deposited by the lessee, or recovered as an arrears of land revenue.

10. Penalty for evasion of ferry charge or toll and for unauthorised levy of toil, etc.- Any person who refuses or evades the payment of any ferry charge or toll payable under this Act, or without due authority levies any ferry charge or toll under colour of this Act or being empowered to Collect ferry charges or tolls under this Act Collects or receives any sum in excess of the lawful due or infringes any right of ferry, or toll-gate, [or plies any boat or other vessels for transporting passengers, goods or animals within the limits of a ferry or toll-gate [prescribed under section 3] and Contrary to the provisions of section 3] of this Act shall be punished, on conviction before a Magistrate, with fine which may extend to fifty rupees, or with simple imprisonment, in lieu of fine, which may extend to one month.

11. Power of Magistrate to order confiscation.- When a Magistrate has found that an offense under this Act has been proved, he may order that any vessel or other thing used in the Commission of such offense shall be confiscated.

12. Mode of recovering fines.- All fines imposed under this Act may be recovered in the manner prescribed by the Code of Criminal Procedure.

13. [X x X x]

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