4. 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).