The Cochin Port Trust Roads Control Act, 1940 Complete Act - Bare Act

Whereas it is expedient to provide for the levy of special fees on carriages and carts (Substituted by Act of 8/1119) [entering the Port Roads and of terminal fees on goods carried by such roads and for the regulation of traffic in such roads.]

It is hereby enacted as follows.-

This Act may be called the Cochin Port Roads Control Act X of 1117 and shall be deemed to have come into force with effect from 16th Kanni 1116, corresponding to 1st October 1940.

In this Act, unless there is anything repugnant in the subject or context, -

(i) "carriage" means any wheeled vehicle with springs or other appliances acting as springs and includes motor cars, motor lorries, motor omnibuses, motor cycles, bicycles and rickshaws; but does not include a perambulator or other from of vehicle designed for the conveyance of small children;

(ii) "cart" means any wheeled vehicle with or without springs which is not a carriage and includes a hand cart;

(iii) "port roads" mean the roads in Willingdon island to the north of the Mattancheri Halt Station;

(iv) "prescribed" means prescribed by Government by rules made under this Act.

(Substituted by Act of 8/1119) [ No carriage or cart shall enter or make use any of the Port Roads and no goods shall be carried along the said roads unless the fees specified in Schedule I or Schedule II, as the case may be, are duly paid to such person and at such place and in such manner as may be prescribed:

Provided that no such fees shall be levied on goods or carriages or carts belonging to or in the service of Government or exempted by general or special order of Government.

All Fees levied under this Act shall be credited to the Cochin Port Fund

(Substituted by Act of 8/1119) [ (1) If the fee payable under section 3 is not paid the person appointed to collect it may seize and detain, in the case of the fees leviable on goods such portion of the goods and in the case of the fees leviable on carriages and carts such portion of the appurtenances of the carriage or cart as will in his opinion suffice to defray the amount due; in the absence of appurtenances or in the event of the value of such appurtenances being insufficient to defray the fee due in respect of the carriage or cart, he may seize and detain the carriage or cart.]

(2) All property seized under sub-section (1) shall be sent within twenty-four hours to the Tahsildar, Cochin-Kanayannur Taluk, or to such person as he may have authorized to receive and sell such property and the Tahsildar shall forthwith give notice to the proprietor of the property seized, or, if the proprietor is not known or cannot be found, to the person who was in charge of the said property at the time when it was seized, or, if such person cannot be found publish by beat of drum, that, after the expiry of two days, exclusive of Sundays and public holidays, from the date of service or publication of such notice, the property will be sold in auction at a place to be specified in the notice.

(3) If at any time before the sale has begun, the amount due on account of the fee together with a sum of annas eight on account of charges incurred in connection with the seizure and detention is tendered to the officer conducting the sale, the property seized shall forthwith be released.

(4) If no such tender is made, the property may be sold and the proceeds of the sale applied to the payment of-

(a) the amount due on account of the fee;

(b) such penalty not exceeding the amount of the fee as the Tahsildar may direct;

(c) a sum of rupee one on account of charges incurred in connection with the seizure, detention and sale: and

(d) the surplus sale proceeds, if any, shall be returned to the proprietor if claimed within two months from the date of sale failing which the surplus proceeds shall be credited to the Cochin government.

Any person who refuses or evades the payment of fees payable under this Act or without due authority levies any such fee under color of this act or being empowered to collect fees under this Act collects or receives any sum in excess of the lawful due or plies any (Substituted by Act 8/1119)(carriage or cart] within the Port Road contrary to the provisions of section 3 or section 7 of this act shall be punished, on conviction before a Magistrate, with fine which may extend to fifty rupees, or with simple imprisonment which may extend to one month

No vehicle, other than rubber tired, shall be driven along the Port Roads.

The Government shall have power to alter, add to or cancel in part, the (Substituted by Act of 8/1119) [Schedules] attached to this Act. Such alternation, addition or cancellation shall be published in the Cochin Government Gazette and on such publication shall have effect as if enacted in this Act.

All fines imposed under this Act may be recovered in the manner prescribed by the code of Criminal Procedure, Act II of 1086.

(1) Government may make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or may of the following matters, namely. -

(a) the conditions under which fees are leviable;

(b) the authority by whom and the manner in which such fees are to be levied, ¹[x x x]

(c) for regulating the issue of permits evidencing payment of fees under this Act ¹[and]

(Substituted by Act of 8/1119) [(d) the regulating of traffic on the Port Roads.

Substituted by Act 8 of 1119
) [Schedule II