Panchayat:Repo18/vol2-page0013

occasioned by non-payment, shall be returned to the person in charge of the goods, conveyance or animal.

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.

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