Panchayat:Repo18/vol2-page0021

5. Vessels to be registered or licensed as directed by Government.-

All vessels using a canal shall be either licensed or registered as the State Government may direct:

Provided that the State Government may exempt from the operation of this section all or any vessels or classes of vessels using a canal or portion of a canal.

6. (Power of a Municipality or a Panchayat to fix fees and rates of toll and to establish toll stations.-

(1) The Panchayat or Municipality may from time to time-

(a) fix rates of fees payable for the licensing or registration of vessels;
(b) with the prior permission of the Government establish stations at which tolls shall be levied on vessels passing along a canal or on passengers, vehicles, animals or goods landed therefrom, and fix the rates of such tolls;
(c) fix fees for the use of public landing places, wharves, piers, jetties, docks, basins, lie-byes, sidings, sheds or warehouses, which are owned by them and provided for the accommodation of vessels using a canal or of goods or passengers carried or to be carried thereon and for demurrage on vessels or goods detained therein.

(2) An order of such tolls or fees under clauses (b) and (c) of sub-section (1) shall be exhibited to public view in English and in the Vernacular language of the district at the places Where such tolls or fees are leviable.

6 A. Transfer of existing ferries to Municipalities and Panchayats.-

All the existing ferries of the Government shall by virtue of this section be transferred to the Municipality or the Village Panchayat as the case maybe, for management.

7. Power of Persons duly authorised to impose punishment for breach of condition of license and to deal with any obstructions or with navigation in contravention of Act.-

Any person duly empowered by the State Government) in this behalf may-

(i) Suspend or cancel the license or registration of any vessel in case of breach of any conditions thereof, or in lieu of such suspension or cancellation or of prosecution may recover from the person in charge of the vessel a penalty not exceeding five rupees for each such breach;

(ii) remove from the Canal any vessel which may be sunk or abandoned therein, and may recover any expense incurred in so doing by the sale of the vessel; a vessel left for more than three days without a competent person in charge shall be held to be abandoned;

(iii) in case of emergency remove any other obstruction, or contrivance for fishing, or other thing which is an impediment to navigation, or in other cases serve notice upon the owner, if any, to remove any such thing within a reasonable time to be stated in the notice, failing which he may remove it himself. Expenses incurred under this clause shall be recoverable from the owner: provided always that, in cases of interference with private rights reasonable compensation shall be payable;

(iv) Prohibit the construction of any contrivance for fishing or for any other purpose in the canal or any erection therein or on a tow-path or other land appurtenant thereto;

(v) Stop any vessel navigating the canal in contravention of any of the provisions of this Act or of any rule made or any Condition of license or registration prescribed thereunder, and may detain it until the same is Complied with or until penalty has been paid or recovered under clause (i) of this section or until the offense, if any, has been inquired into and disposed of.

Powers under this section may be conferred either by name or in virtue of an office.

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