Amendment status not verified — confirm the current text below against the official source.
In the Madras Canals and Public Ferries Act, 1890 (Madras Act 11 of 1890),- (1) in section 3 after the definition of the term "ferry" the following shall be inserted, namely:- " "Municipality" means a town panchayat, 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) for section 6, the following sections shall be substituted namely:- "6. Power of a Municipality or a Panchayat to fix fees and rates 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. 6A. 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 may be, for management."; (3) for section 10, the following section shall be substituted namely:- "10. Power of Municipality or Panchayat to provide for management of ferries.- (1) A Municipality or a Panchayat may- (a) provide for the management of any public ferry; or (b) authorise any person to convey passengers, animals, vehicles or goods across a channel by means of vessels at any public ferry. (2) All vessels used by a person authorised under clause (b) of sub-section (1) shall be licensed and the Municipality or the Panchayat, as the case may be, may fix the fees payable for such licence. (3) In the -cases referred to in clauses (a) and (b) of sub-section (1) the municipality or the panchayat may levy charges at such rates as they may fix upon passengers, animals, vehicles and goods conveyed across the ferry. (4) A notice in English and Malayalam specifying the charges leviable at a ferry under sub-section (3) shall be exhibited to public view on each side of the ferry."; (4) after section 10, the following section shall be inserted, namely:- "10A. Power to take action for default by a Panchayat or a Municipality.- (1) If at any time, it appears to the Government that a 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 therefor 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."; (5) Section 22 shall be omitted.