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State of Madhya Pradesh - Section

Section 13 in The M.P. Janpad Panchayat (Management of Ferries) Rules, 1999

13.

(a)The Chief Executive Officer shall, at least one week prior to the commencement of the period for which the right to collect tolls has been auctioned, or in the case of ferries on which tolls are collected throughout the year, on the date on which the right accrues, makeover to the lessee, in a safe and trustworthy condition, the boat or boats and where there is a temporary bridge all materials other than earth, morrum, sand and brush-wood normally required for the construction of the temporary bridge and temporary road upto the bridge, for the working of the ferry. If the lessee desires to use, in addition to the boat or boats made over to him a boat or boats belonging to him, he shall obtain previous permission of the Janpad Panchayat, before bringing his boat or boats into use.
Note. - A receipt shall be obtained from the lessee, showing the description and quantity of the materials supplied to him which he shall be required to return on the expiry of his leaves. This receipt shall be recorded carefully in Janpad Panchayat Office and may he returned to the lessee after he has returned the materials.
(b)The lessee shall, at his own cost,-
(i)construct the temporary bridge and such temporary roadway upto the bridge as may be necessary before such date as may be fixed by the Janpad Panchayat;
(ii)maintain, in good condition, the bridge, the roadway and the boats made over to him;
(iii)remove all silt which is deposited in the approaches; and
(iv)dismantle the temporary bridge and store the Janpad Panchayat materials thereof at a safe place ahove high flood level in good time before the commencement of the monsoon.
(c)The opinion of the Chief Executive Officer or some other officer nominated by the Chief Executive Officer regarding the satisfactory nature or otherwise of such construction or maintenance shall be final.
If the lessee fails to construct or maintain such works or at any time fails to remedy within a reasonable period any defect brought to his notice in writing by the Chief Executive Officer or some other officer nominated by the Chief Executive Officer, the latter shall be entitled to construct or maintain such works or to remedy the defects in them, as the case may be, and the cost incurred in so doing shall be recovered from the lessee.
(d)In the event of any damage to a boat or bridge or of the loss of a part or the whole of cither, the lessee shall report the fact lo the authority from whom he holds the lease and to the officer-in-charge of the nearest police station. He shall make good such loss or damage for which he is responsible, but not loss or damage as is caused by unusual or abnormal Hoods, provided that he has taken all reasonable precautions to prevent such loss or damage and to save and solve damaged materials, during and after the Hoods within such period as may be decided by the Chief Executive Officer. In the event of there being a difference of opinion as to the fact or extent of liability of the lessee to make good the loss or damage, the decision of the Collector of the District shall be final.
(e)On the expiry of the lease, the lessee shall return in good condition, the boat or boats, the materials issued to him for the construction of the bridge and the metal plate or plates referred to in Rule 23.