THE COCHIN FERRIES AND TOLLS 1[ACT], 1082 (ACT III OF 1082) Amended by Act 1 of 1109 1 of 1088 and Act 16 of 2000 And proclamation v of 1112 Passed by His Highness the 2(Maharaja) of Cochin on the 21st day of Edavam 1082 corresponding with the 3rd day of June 1907 Preamble:--Whereas it is expedient to provide for the better management and tolls in Cochin it is hereby enacted as follows:-- 1.Short title, commencement and local event:--This Act may be called the "Cochin Ferries and Tolls Act, 1082". It extends to the whole of Cochin and shall come into force on the first day of Chingom 1083 M.E 2.Definitions:--In this Act-- (1) ‘Vessel’ includes any ship, barge, boat, raft, timber, bamboos or floating materials propelled in any manner; (2) ‘Channel’ includes any waterway, whether natural or artificial; (3) ‘Ferry’ means a place at which goods, animals or passengers are conveyed across a channel by means of vessels; (4) ‘Conveyance’ includes all carriages, carts palanquins and manchals. 16 Inserted by Act 16 of 2000 16.(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) 16A. A municipality or a village panchayat to establish ferries and toll gates:--16B[A municipality or a village panchayat may with the prior permission of the Government establish ferries across any channel and toll gates on any road at such points as may be selected, and shall maintain or cause to be maintained vessels for carrying passengers, goods or animals across such ferries, and forbid, within such limits as may be prescribed, the transport of passengers, goods or animals across such channel in any vessel except in such as are maintained as aforesaid, and the passage of conveyance or animals except through such toll-gates. 16[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 16A[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 3 A 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. ________________________________________ 16A Substituted by Act 16 of 2000 16B Substituted by Act 16 of 2000 1 Substituted for Regulation throughout the enactment by Proclamation V of 1112. 5.16B[A municipality, or a village panchayat to fix rates for ferry charges tolls:--16C. The municipality or the village panchayat may from time to time, by notification fix and vary the rates for ferry charges payable for conveying passengers, goods, conveyance or animals passing through such toll-gates. A notification of such ferry charges shall be at all times exhibited to public view on each side of the ferry and of such tolls at the tollgate in the Malayalam and English languages. 16 d [“Provided that the rates for tolls shall be revised only with the prior permission of Government.”] ____________________________________________________________ 16B. Substituted by Act 16 of 2000. 16C Substituted by Act 16 of 2000. 16d Substituted by Act 16 of 2000. 6. Penalty for non-Payment of ferry charges and tolls:--If any ferry charge or toll due under the provisions of this Act is not paid on demand to the lessee or his agent or as the case may be to the person appointed by 16c[a municipality or a village panchayat as aforesaid, such lessee or his agent or such person may seize any goods conveyance or animals chargeable with such ferry charge or toll and detain the same and he shall, within 24 hours of such seizure has been made or other public officer duly authorised 16c a municipality or a village panchayat in that behalf, unless such charge or toll has been paid in the meantime; and, on receipt of this report, the Tahsildar or other officer as aforesaid shall cause to be put up at his office a notice appointing a day for the sale of the said goods, conveyance or animals, The sale shall be held at some period not less than 15 days from the date of publication of notice of sale; and, if the ferry charge or toll and any expenses occasioned by its non-payment be not paid, or sufficient cause for non-payment be not shown, at or before the time of sale, to the Tahsildar or other officer as aforesaid, such officer shall sell the goods, conveyance or animals seized, or so much thereof as may be approximately necessary to pay the ferry charge or toll, and also any expenses occasioned by non-payment . So much of the properties seized as may not have been sold and so much of the sale proceeds as may be in excess of the sum necessary for satisfying the ferry charge or toll and for carrying the expenses occasioned by non-payment, shall be returned to the person in charge of the goods, conveyance or animal. ____________________________________________________________ 16c.Substituted by Act 16 of 2000. 7. Security may be required from lessee of ferries:-Whenever any ferry shall have been leased out 16A[ a Municipality or a village panchayat security to be deposited by the lessee for the maintenance of proper vessels, servants, and appliances. It shall be lawful for any officer authorised by the 16B [a Municipality or a village panchayat in that behalf to inspect such vessels, servants and appliance, and to satisfy himself as to their fitness for otherwise for the business of the ferry, and to report thereon to a municipality or a village panchayat. 7A. Power to take action for default by a Village Panchayat or a Muncipality:- (1) If any time, it appears to the Government that a Village Panchayat or a Muncipality 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. 8. Procedure in case of defective management of ferries leased out- Whenever 16c[ a municipality or a village panchayat is satisfied that the vessels, or applicants of any ferry which has been leased out are unsafe or insufficient or that such ferry is not duly manned 16d[it shall by notice call upon the lessee to male good the within a reasonable time and inform him that, at the expiration of such fixed in the notice, he will be liable, in the event of non compliance, to his lease cancelled and to have the deficiency complained of made good his own expense, If the lessee shall not comply with the terms of the notice 16c[a municipality or a village panchayat shall be at liberty to make good the deficiency at the expense of the lessee and to cancel his lease. 9 Recovery of expenses incurred on account of defaulting lessee :--In case the Government shall have incurred any expense on behalf of the lessee under the preceding section, the same may be deducted from the security deposited by the lessee, or recovered as an arrear of land revenue. ____________________________________________________________ 16A Substituted by Act 16 of 2000. 16B. Substituted by Act 16 of 2000. 16c. Substituted by Act 16 of 2000. 16d. Substituted by Act 16 of 2000. 10 Penalty for evasion of ferry charge or toll and for unauthorised levy of toll, etc--Any person who refuses or evades the payment of any ferry charge or toll payable under this Act or without due authority levies any ferry charge or toll under colour of this Act or being empowered to collect ferry charges or tolls under this Act collects or receives any sum in excess of the lawful due or infringes any right of ferry or toll-gate 1[or plies any boat or other vessels for transporting passengers goods or animals within the limits of a ferry or toll-gate prescribed under section 3 and contrary to the provisions of section 3 of this Act) shall be punished on conviction before a Magistrate with fine which may extend to fifty rupees or with simple imprisonment in lieu of fine which may extend to one month. 11 Power of Magistrate to order confiscation.--When a Magistrate has found that an offence under this Act has been proved he may order that any vessel or other thing used in commission, of such offence shall be confiscated. 12 Mode of recovering fine:--All fines imposed under this Act may be recovered in the manner prescribed by the Code of Criminal Procedure. THE COCHIN FERRIES AND TOLLS RULES Rules Regarding leasing and Management of Public Ferries The following rules in regard to the leasing and management of the public ferries in the State are hereby promulgated by the Diwan for the information and guidance of the Revenue Officers. They will come into force from the 1st Thulam. 1083. 1. The right of collecting the ferry charges payable at the public ferry of the state established under section 3 of Act III of 1082 (Ferries and Tolls Act) will be sold by public auction by the 1[Sub-Divisional Officer] of the taluk in which the ferries are situate, except the Ernakulam-Mattancheri which will be sold by the 1[Executive Engineer]. At least 15 days previous to the sale, notification shall be published in the Cochin Government Gazette specifying the places at which the auction sale will be held, the period for which the leases will run and the upset prices at which they will be put up for sale. The period should not exceed 3 years and as a rule should be confined to one year. The sale should be held one month prior to the date of expiry of the current lease. The officer who conducts the sale will be at liberty to raise the upset price or lower it as the case may be. Published in the Cochin Gazette dated 9-10-1907 at page 252 (2611) 2. The leases will be knocked down to the highest bidder above the upset prices subject to confirmation by the Diwan in the case of the Ernakulam Mattancheri ferry and also in all cases where the amount of the previous year's lease being not less than Rs; 100 the highest bid has fallen short of the amounts obtained on the previous year. In all other cases the Executive Engineer be shall be at liberty to reject all or any of the bids. 3. Persons intending to bid must attend in person or by duly authorised agents, and shall not be allowed to bid unless they deposit, before the sale conferences, such amount as the Executive Engineer may direct. The deposit of unsuccessful bidders will be returned to them at the close of the sale. 4. Within a week after the intimation of the confirmation of the same the lessee shall pay into the taluk treasury such further amount as with the deposit already made will make up 30 per cent of the bid or furnish security for half the amount of hid bid. In default, the lease will be resold at his risk, the deposit being held liable in the first instance for the loss accruing from such resale. 5. The lessee shall execute an agreement in such form as the Diwan or the Executive Engineer may prescribe and register it if so ordered by him. The cost of registration as well as value of the stamped paper required for the execution of the agreement shall be borne by the lessee. The lessee shall not transfer or sub-let the leases without the previous sanction of the Diwan or the Executive Engineer. 6. The lessee shall pay the amount according to the lessee in such install as the Diwan or the Executive Engineer may direct. When any installment is overdue, the Diwan or the Executive Engineer may either place the ferry under Government management or resell the lease at the defaulter's risk. 7. The lessee's deposit shall be liable for the satisfaction of any claim arising against him; any balance which remains will be returned to him on the portion of the lease. 8. The Sub-Divisional Officer of taluks shall maintain a D.C.B amount of ferry receipts and submit a quarterly statement to the Executive. They shall also maintain a correct list annually of all the established rules in the taluk showing against each the lease amount and the time of the lease. 9. The lease shall provide himself with boats in good condition and them in good repair. He shall play his boats between certain fixed points will be specified in the sale notification and in the agreement which to the Government and shall not take over or land passengers except those points. 10. The lessee shall have a sufficient number of boats in readiness at the side of the ferry and shall ply his boats in readiness at each side of the ferry and shall take care that British Mails and Cochin male passengers, animals and goods are not unnecessarily delayed. Whether by day or by night at such hours to be specified in the agreement, but are carried over with expedition. 11. The rate for ferry charges for passengers, goods or animals fixed by the Diwan from time to time under section 5 of the Ferries and Tolls Act, 111 of 1082 shall be specified. 12. Every passenger will be allowed to carry with him his luggage, not exceeding a cooly-load or Indian maund in weight free. Any quantity of luggage in excess of his limit shall be charged at the rates that may be fixed from time to time and specified in the sale notification. 13. The following persons shall be conveyed free of charge over all the ferries in the State. (a) Members of the Cochin Police Force, viz., constables, Head Constables and Inspectors in uniform together with such prisoners or stolen property as may be in their charge. (b) Nayar Brigage Sepoys travelling on duly and bearing passes signed by the head of the force. (c) All Sirkar person employed to carry official reports and record when so carrying such reports and records, and bearing passes signed by the head of the office. (d) All servants of the Sanitary Board travelling on duly with their jurisdiction and bearing passes signed by the President. (e) Children under 5 years of age. (f) Gosayis and Bairagis (g) Students going to or from a Sirkar or any private school record ving grant-in-aid from the Sirkar and bearing passes signed by their Head Master 1[and bona-fide students of institution bearing passes signed by the Executive Engineer] (h) Such other personas may be from time to time, be exempted by the Diwan. Explanation:--The exemption of any person under the rules extends also to animals and conveyances actually used by him in travelling. 14. The Executive Engineer or sub-Divisional Officer shall determine the weight of cargo and the number of passengers which each boat can safely carry. He shall also prescribe the number and class of boats be maintained by the lessee and the number of men by whom they shall be worked. 15. The number of passengers and the weight of cargo which each boat can carry shall be specified in the agreement and shall be legibly painted thereof in Malayalam, and no passengers or cargo in excess of the limit shall at any one time be allowed on the boat. The lessee shall not use any boats other than these mark 1 as aforesaid. 16. The Diwan or the Executive Engineer may cancel the lease or any breach of the above rule recovering the balance of the rent for the year or in lieu thereof. Recover from the lessee a penalty not exceeding Rs. 10 for each such breach. 17. These rules shall be exhibited to public view in Malayalam and English on each side of the ferry. 18. As soon as the lease of all the ferries in the State is confirmed, the Executive Engineer will submit to the Diwan a consolidated taluk war statement showing [1] the names of ferries, [2] the amounts of the previous year's leases, [3] the amounts of the leases for the year,[4] the rates of charges for each ferry and [4] explanations for marked variations between [2] and [3]. ------------------------------------------------------------------------------------------- [Added by notification No.120 dated 13th Meenam 1115, published Gazette dated 17th Meenam 1115. 19. From the date of this order all unauthorised or private ferries over any river, backwater or channel should cease to ply. The Sub Divisional Officer will submit proposals for establishing Government ferries at any place in which private ferries are now working so as to bring the ferries under Government control and supervision and thereby ensure public safety and convenience. Rules Regarding Leasing and Management of toll gates The following rules in regard to the leasing and management of the toll gates of the State are hereby promugulated by the Diwan for the information and guidance of the Revenue Officer . They will come into force from the 1st Thulam 1033. 1. The right of collecting the tolls payable at the public toll gates of the State established by the Diwan under section 3 of Act III of 1082(Ferries and Tolls Act) will be sold by public auction by the Tahsildar of the taluk in which the toll-gates shall are situated. At least 15 days previous to the sale, a notification shall be published in the Cochin Government Gazette specifying the places at which auction sale will be held, the period for which the leases will run and the upset prices at which they will be put up for sale. The period should be held one month prior to the date of expiry of the current lease. The Officer who conducts the sale will be at liberty to raise the upset price or lower it as the lease may be. 2. The leases will be knocked down to the highest bidder above the prices, subject to confirmation by Diwan peishkar provided the amount of the highest bid obtained shall be reported to the Diwan for confirmation, The Diwan or the Diwan peishkar shall be at to reject all or any of the bids. 3. Persons intending to bid must attend in person or by duly authorised and shall not be allowed to bid unless they deposit before the sale composes such amount as may be specified in the sale notification. The deposits of successful bidders will be returned to them at the close of the sale. 4. Within a week after receiving intimation of the confirmation of the lease shall pay into the taluk treasury such further amount as with deposit already made will make up 33 per cent of the bidder furnish security the amount of his bid. In default the lease will be resold at his risk, deposit being held liable in the first instance for the loss accruing from resale. 5. The lessee shall execute an agreement in such form as the Diwan or the Diwan perishkar may prescribe and register it if so ordered by him. The cost of registration as well as value of the stamped paper required for exemption of the agreement shall be borne by the lessee. (a) The lessee shall not transfer or sub-let the lease without the previous sanction of the Diwan or the Executive Engineer. (b) The lessee shall pay the amount according to the lease in such installments as the Diwan or the Executive Engineer may either place the tollgate under Government management or resell the lease at the defaulter's risk. 6. The lessee's deposit shall be liable for the satisfaction of any claims arising against him; any balance which remains will be returned to him on the expiration of the lease. 7. The Tahsildars of the taluks shall maintain a D.C.B account of the toll-gate receipts and submit a quarterly statement to the Diwan Perishkar . They shall also maintain a correct list annually of all the established toll-gates in the taluk showing against each the lease amount and the time of expiry of the lease. 8. The rates of tolls to be levied by the contractor at the toll-gates for conveyances or animals fixed by the Diwan from time to time under section 5 of the Ferries and Tolls Act III of 1082 shall be specified in the sale notification. 9. No toll shall be levied on any carriage passing through the same toll gate more than once on the same day. But if the carriage having no passenger or goods in it is allowed to pass through the same toll-gate on the same day with passengers or goods in it, the contract may levy the excess toll at the prescribed rate. Note:--'Day' means the period of sunrise on a day to sunrise on the next day. 10.The Contractor must give proper receipts for all amounts recovered by him. 11. No toll shall be levied on-- (a) Carriages engaged by the officers of the Police and Salt Departments and on the goods or carriages in their custody. (b) Carriages engaged by the Nayar Brigade sepoys or the British sepoys and the goods belonging to them. (c) Sirkar elephants used for procession of any incorporated or unincorporated temples. (d) Carriages engaged by the officers of the Public Works Department. (e) Carriages and goods belonging to the British Postal and Telegraph Department and the Cochin Anchal Department. (f) Sirkar Carriages, treasure or other goods. (g) Such other conveyances or animals as may, from time to time be exempted by the Diwan. 12. The Diwan or the Diwan Perishkar may cancel the lease for any breach of the above rules, recovering the balance of the rent for the year or the lease a penalty not exceeding Rs.10 for each 13. The contractor must maintain correct accounts of receipts and they shall be open to inspection by any officer the Diwan or the Diwan Perishkar may direct. 14. All toll-gate lessees shall always provide themselves with charge for not less than Rs.10 so that passengers may not be delayed at the toll-gate. 15. The above rules shall generally apply to all toll-gates in the State. If, in respect of any particular toll gate in the State, the Diwan or the Diwan Perishkar is of opinion that the rules do not make adequate provision against any hardship entailing on the public on account of any special circumstances connected with its location or otherwise, it shall also be governed by such additional rules as may be issued by or with the previous sanction of the Diwan. 16. These rules shall be exhibited to Public view in English and Malayalam at each toll-gates. 17. As soon as the lease of all-the tolls in the State is confirmed, the Diwan Perishkar will submit to the Diwan a consolidated taluk-war statement showing-- (i)The name of the tolls. (ii) The amounts of previous years lease. (iii) The amount of the leases for the year. (iv) The rates of tolls levied at the toll-gates. (v) Explanation for marked variation between (ii) and (iii). NOTIFICATION Notification published in Cochin Gazette dated 26th Kanni 1083 In exercise of the power vested in the Diwan under section 3 of Act 11 of 1082 (ferries and Tolls Act), it is hereby notified for general information the public ferried of the State as shown in the sub joined statement have published by the Diwan. List of Existing Ferries in the Cochin State Cochin-Kannayannur Taluk 1. Ernakulam-Mattancherry 2. Kumbalam 3. Venduruthy-Palluruthy Nada 4. Venduruthy-Thevara 5. Mulavukad-Elankunnupuzha 6. Bolghatty-Vallarpadam 7. Murikkumpadom-VallarPadam 8. Poozhithode-Chittur 9.Chathiath Kadavu Mulavukad 10. Valathuruth-Chathedom 11. Thevara 12. Kattathu Kadavu-Punambukad 13. Perumanur-Venduruthy 14. Gothuruthu-Chathedom- Vadakkethuruth 15. Cheranellur-Korampadom 16. Ambazathu Kadavu 17. Ochenthuruth-Vallarpadom 18. 1[vaduthala-Chittur] ------------------------------------------------------------------------------------------- Deleted by notification R Dis 2152/52/PWC dated 23-9-1957 published in Kerala Gazette dated 29-9-1957. |