Panchayat:Repo18/vol2-page0012

(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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