(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 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 Panchayat or the Municipality, as the case may be, within such time as may be specified by the Government.
11. Power to assign management of canal to district Board or Municipal Council.-
The management of any canal may by order of the State Government, be assigned to a local board or municipal council which shall exercise all the powers stated in Section 7, and may, subject to the control of the State Government, confer such powers on its servants. All persons duly empowered under section 7 shall be deemed to be public servants within the meaning of the Indian Penal Code.
12. Power to appoint persons to collect tools or fees and to lease out Collection thereof.-
The State Government or the managing authority shall appoint persons to collect tolls or fees payable under this Act. The collection of such tolls or fees other than license fees may, under such conditions as the State Government may from time to time prescribe, be leased out and in Such case the lessee and his agents and servants shall be deemed to be so appointed.
13. Procedure in case of non-payment of toll, etc., on demand.-
In case any tolls. Fees other than license-fees or penalties payable under this Act are not paid when demanded by a person duly appointed or empowered to collect or impose the same, such person may seize any vessel, goods, vehicles or animals in respect of which such toll, fee or penalty is payable or anything in the possession of a passenger or person who is liable to such toll, fee or penalty, and any person empowered by the State Government of the managing authority in this behalf may sell the same by auction after fifteen days, public notice of the sale if such toll, fee of penalty is still unpaid. After the deduction of such toll, fee or penalty and of the expenses of sale, the surplus proceeds, if any, shall be paid to the person from whose possession the things sold was taken.
14. What payments may be recovered as arrears of revenue.-
All Canal and ferry rents and expenses incurred under Section 7 may be recovered by the Collector of the district in like manner as if they were arrears of land revenue:
Provided that any ferry rent due to a local board or municipal council shall be recovered as if the same were a tax due to the local board or municipal council.
15. Form, etc. of licenses and registrations.-
All licenses granted and registrations effected under this Act shall be in such form shall be valid for a voyage or for such time, and shall contain, or be subject to, such conditions as the State Government may from time to time direct.
16. Power to make rules.-
The State Government may make rules in respect of any canal or public ferry for all or any of the following purposes:-
- (i) declaring the powers to be exercised by any person employed under this Act;
- (ii) Providing for the grant of licenses, for the inspection of licensed vessels, and for their maintenance in good condition;
- (iii) Regulating the dimensions of free board of vessels using any canal or public ferry, the equipment of the same and the number of passengers and the nature and quantity of cargo to be carried therein;