Section 2

Amendment status not verified — confirm the current text below against the official source.

In the Cochin Ferries and Tolls Act, 1082 (III of 1082),- (1) in Section 2, after clause (4), the following clauses shall be inserted, namely:- "(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)."; (2) in section 3,- (i) in the marginal heading for the word "Diwan" the words "A Municipality or a Village Panchayat" shall be substituted; (ii) for the words "The Diwan may by notification in the Sirkar Gazette" the words "A Municipality or a Village Panchayat may with the prior permission of the Government" shall be substituted; (3) after section 3, the following section shall be inserted, namely:- "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) for section 4, the following section shall be substituted, namely:- "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 3A 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 thereupon 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) in section 5,- (i) in the marginal heading for the words "The Diwan" the words "A Municipality, or a Village Panchayat" shall be substituted; (ii) for the words "The Diwan may from lime to time, by notification in Sirkar Gazette" the words "The Municipality or the Village Panchayat may from time to time by notification'' shall be substituted; (iii) the following proviso shall be added, namely:- "Provided that the rates for tolls shall be revised only with the prior permission of Government.". (6) in section 6, for the word "Diwan" in both the places where it occurs the words "a Municipality or a Village Panchayat" shall be substituted; (7) in section 7 for the word "Diwan" in three places where it occurs the words "a Municipality or a Village Panchayat" shall be substituted; (8) after section 7 the following section shall be inserted, namely:- "7 A. Power to take action for default by a Village Panchayat or a Municipality.- (1) If, at 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."; (9) in section 8,- (a) for the word "Diwan" in both the places where it occurs the words "a Municipality or a Village Panchayat." shall be substituted; (b) for the words "he shall by notice" the words "it shall by notice" shall be substituted; (10) in section 9, for the words "the Sirkar" the words "the Government or a Municipality or a Panchayat" shall be substituted; (11) in section 10, for the words "prescribed by the Dewan's notification" the words and figure "prescribed under section 3" shall be substituted; (12) section 13 shall be omitted.