Collection of user fee.

(1) The user fees leviable under this Act shall be collected by the concessionaire, or the Government agency or the statutory body as the case may be its agents, servants and sub contractors, in such manner as may be specified by regulations for such period as may be stated in the concession agreement. (2) Any person employed in the management and collection of user fees under this section shall be liable to the same responsibilities as would belong to him if employed in the collection of basic tax. Explanation.-In this sub-section basic tax means the basic tax payable under the Kerala Land Tax Act, 1961 (13 of 1961). (3) The concessionaire, depending upon its constitution, through its authorised representative shall be responsible to ensure that user fees are collected at not more than the agreed rates, and the user fee collection is smooth and does not cause undue hardship to the transport facility users and for all other matters connected with the user fee collection on the transport facility. (4) Where any user fee is not paid on demand, the collecting agent shall seize any motor vehicle on which it is chargeable or any goods carried by such motor vehicle and if the user fee and the cost arising from such seizure remain unpaid for twenty four hours the case shall be brought before an officer appointed by the Government by notification in the Gazette to Superintend the collection of the user fee. (5) Where a case is brought before an officer under sub-section (4), he may sell the property seized in public auction for discharge of the user fees and all expenses occasioned by such non-payment, seizure and sale of the property in public auction, and any balance that may remain after such discharge shall be returned on demand to the owner of the motor vehicle or goods, as the case may be: Provided that if at any time before the sale has actually begun, the person whose property has been seized tenders the amount of all expenses incurred and double the user fees payable by him, the property seized shall forthwith be released.