Bare ActsKerala Decentralisation of Powers Act, 2000

Section 3

Amendment to Act VI of 1096

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

In the Travancore Public Canals and Public Ferries Act, 1096 (VI of 1096),- (1) in section 4, after the definition of the term "Master following definitions shall be inserted, namely:- "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); "Panchayat" means a village panchayat, constituted under section 4 of the Kerala. Panchayat Raj Act, 1994 (13 of 1994)."; (2) in section10, for the words "Our Government may establish" the words "The Municipality or the Panchayat may with the prior permission of the Government establish" shall be substituted; (3) in section 11, for the words "Our Government may by notification in Our Government Gazette" the words "The Municipality or the Panchayat may by notification" shall be substituted; (4) in section 12,- (a) for the words "Our Government" the words "The Municipality or Panchayat" shall be substituted; (b) The following proviso shall be added, namely:- "Provided that new toll gates shall be established only with the prior permission of the Government."; (5) after section 12 the following section shall be inserted, namely:- "12A. 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 concerned Municipality or the Panchayat as the case may be."; (6) in sections 13 and 14 for the words "Our Government" wherever they occur the words "The Municipality or Panchayat" shall be substituted; (7) After section 14 the following section shall be inserted namely:- "14A. Power to take action for default by a Municipality or a Panchayat.- (1) If, at any time, it appears to the Government that 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 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."; (8) Section 84 shall be omitted.

Section 3 – Kerala Decentralisation of Powers Act, 2000 | DailyLaw.ai