Punjab Mechanical Vehicles (Bridges and Roads Tolls) Rules, 2002

Punjab Mechanical Vehicles (Bridges and Roads Tolls) Rules, 2002

Published vide Punjab Notification No. G.S.R. 2/P.A.13/98/Section 11/2002, dated 20th December, 2001

Pu763

Department of Public Works

No. G.S.R. 2/P.A.13/98/Section 11/2002. - In exercise of the powers conferred by section 11 of the Punjab Mechanical Vehicles (Bridges and Roads Tolls) Act, 1998 (Punjab Act 13 of 1988), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for securing the levy and collection of toll on Mechanical Vehicles crossing the bridges or using the roads, namely :-

1. Short title and commencement.- (1) These rules may be called the Punjab Mechanical Vehicles (Bridges and Roads Tolls) Rules, 2002.

(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.

2. Definitions.- In these rules, unless the context otherwise requires, -

(a) 'Act' means the Punjab Mechanical vehicles (Bridges and Roads Tolls) Act, 1998;

(b) 'Department' means the Department of Public Works, Punjab;

(c) 'executing agency' means the Executive Engineer of the Department or any other officer of the Department authorised by him in whose jurisdiction the bridge or the road falls;

(d) 'Form' means a Form appended to these rules;

(e) 'Junior Engineer' means the Junior Engineer of the Department in whose jurisdiction the bridge or the road falls;

(f) 'Sub-Divisional Engineer' means the Sub-Divisional Engineer of the Department in whose jurisdiction the bridge or road falls; and

(g) 'section' means a section of the Act.

3. Levy and payment of toll. [Section 3].- There shall be levied and paid to the executing agency a toll on mechanical vehicles crossing the bridges or using the roads or both, as the case may be, at the rates notified by the State Government from time to time.
4. Displaying of rates of toll. [Section 3].- A table displaying the specified rates of toll, to be levied at bridge or road, as the case may be, shall be put up at a conspicuous place near the toll collection booths, legibly written or printed in English and in Punjab Languages.
5. Procedure for collection of toll. [Section 4].- The toll levied under the Act shall either be collected by the concerned executing agency itself or through private contractors.
6. Collection of toll by the executing agency. [Section 4].- (1) The concerned executing agency shall make necessary arrangements for setting up adequate number of collection booths, operated manually or by some mechanical arrangement or by combination of both as may be considered necessary by the executing agency.

(2) There shall be posted a Fee Inspector, with necessary police guard to assist to him at either end of the bridge and road who shall be authorized to collect toll in respect of any mechanical vehicle crossing the bridge and using the road at the rates specified by the State Government.

(3) There shall be provided at either end of the bridge and road a cross bar for securing the stoppage of mechanical vehicles.

(4) The Fee Inspector referred to in sub-rule (2), shall ensure at the cross bar that passage is not allowed to mechanical vehicles unless the toll leviable in respect thereof, has been paid.

7. Mode of collection of toll. [Section 3].- (1) Every driver, owner or person incharge of a Mechanical Vehicle shall, before crossing the bridge or after crossing it or before using the road or after using it, stops his vehicle at the cross bar and pays the toll leviable in respect of Mechanical Vehicles at the toll collection booths. The Fee Inspector shall in return, prepare a receipt in duplicate in Form 'A' and hand over a copy of the receipt to the driver or owner or person incharge of the Mechanical Vehicle.

(2) In the event of two or more bridges or roads falling in close proximity to each other, within twenty kilometers from a point at the beginning of entry of the first bridge or road to be crossed under the jurisdiction of the same authority, the aggregate toll for all such bridges and roads may, if necessary, be collected from the driver, owner or a person incharge of such mechanical vehicle, which is to cross more than one such bridge and road in the first or the last bridge and road or any of the intermediary bridge to be crossed or road to be used and the driver, owner or person charge of the Mechanical Vehicle holding the receipt of such payment, shall be allowed to pass through the aforesaid bridge and road unhindered after showing the receipt of the Fee Inspector posted on the bridge or road, as the case may be. The details of such bridge or road shall be displayed at conspicuous place near the roll collection booth near the bridge and road covered under these rules legibly written or printed in English and in Punjabi Languages.

(3) The Fee Inspector shall, on receipt of toll specified in the Third Schedule, fill up a receipt in triplicate in Form 'A' and deliver two copies thereof to the driver, owner or the person incharge of the Mechanical Vehicle in respect of which the toll has been paid and retain the third copy in his office. The Mechanical Vehicle shall be allowed to cross the bridge after the toll has been paid and the receipt is issued under these rules.

(4) If found necessary, the executing agency or any other officer authorised by him, may also set up counter checking booths, in between the section of road or either side of the bridge or at any other suitable location beyond a regular collection booth and, the executing agency or any other officer authorised by him, shall ensure that the Mechanical Vehicle is allowed to pass from the counter checking collection booth only after verifying or checking the copies of the receipt for payment of the toll from the driver or owner or person incharge of the Mechanical Vehicle.

8. Toll collection through lessee. [Section 4(2)].- (1) In case the collection of toll is to be done through the lessee, the collection of toll and retaining of such toll shall be given by invitation of bids for specific periods as the State Government may decide and the money shall be collected by the executing agency or any other officer authorized by him as per the terms and conditions of the agreement executed for such purposes.

(2) The mode of toll collection shall be decided by the lessee referred to in sub-rule (1) with the approval of the State Government.

(3) A table of rate of toll, approved to be collected on any bridge or road or both, shall be put up by such lessee at a conspicuous place near the toll collection booth legibly written or printed in English and in Punjabi Languages.

(4) The lessee authorized to collect and retain the toll under these rules shall nominate an official authorized by the executing agency as incharge of toll collection, who shall be responsible to ensure that all formalities connected with the collection of toll on the bridge or road or both are in accordance with the provisions of the Act and the rules made thereunder.

(5) The name, address and telephone number, if any, of the official incharge of the toll collection under sub-rule (4) shall be displayed at a suitable and conspicuous location near the relevant bridges or road, as the case may be.

(6) The executing agency or any other officer authorized by him shall remit the auction money so collected from the lessee by a demand draft and send the same to the Secretary, Punjab Roads and Bridges Development Board, Chandigarh.

9. Remittance of toll collected. [Section 3].- (1) The fee Inspector on duty shall be responsible for the collection and safe custody of the amount collected towards the toll, during the period of his duty and shall not leave the booth till his reliever takes over from him.

(2) The Fee Inspector referred to in sub-rule (1) shall maintain a cash register in Form 'B' and keep it posted up-to-date.

(3) The Fee Inspector shall at the end of the period of his duty hand over the amount collected by him to his reliever after obtaining the signatures of the later in the reliever column of the cash register.

(4) Every day between the hours of 4.00 P.M. to 5.00 P.M., the Fee Inspector on duty shall hand over the entire amount of toll collected during the preceding twenty-four hours to the Junior Engineer incharge of the bridge or road or both after obtaining the signatures in the relevant column of cash register.

(5) The Junior Engineer shall deposit the amount of collection received from the Fee Inspector to the Sub-Divisional Engineer who will keep the amount in the chest provided for the purpose at his office.

(6) The Junior Engineer shall exercise supervision and control over the staff posted near the bridge and road in connection with the collection of toll and over the maintenance of proper accounts and records by such staff.

(7) The Sub-Divisional Engineer on daily basis remit the amount received by him by a demand draft to the Secretary, Punjab Roads and Bridges Development Board, Chandigarh, who shall account the amount so received in the relevant receipt head of his account books.

(8) The Sub-Divisional Engineer shall maintain a register in Form 'C' showing the remittance made to the Secretary, Punjab Roads and Bridges Development Board, Chandigarh.

(9) The Sub-Divisional Engineer shall check the collection and remittance of the toll by the staff in accordance with these rules by paying surprise visit at least twice a week at the office of the Fee Inspector and the Junior Engineer. The Sub-Divisional Engineer shall countersign the cash register maintained by the Fee Inspector and the Junior Engineer, in token of such a check having been made. The surprise visits shall also be undertaken by the executing agency concerned at least once in every month.

10. Submission of returns. [Section 3].- (1) The executing agency shall furnish the returns relating to the toll to the Secretary, Punjab Roads and Bridges Development Board, Chandigarh, every quarter in the first week of July, October, January and April of the current year after deducting the expenditure incurred on the staff kept for the collection of toll.

(2) A consolidated statement showing month wise the amount collected and remitted on account of toll proceeds in respect of each road and bridge alongwith the details of number and date of the demand drafts with which the amount was remitted, shall be submitted by the executing agency to the Secretary, Punjab Roads and Bridges Development Board, Chandigarh.

11. Furnishing of security. [Section 3].- (1) Every Fee Inspector and Junior Engineer shall deposit a cash security of not less than ten thousand rupees by executing a security bond in the form as laid down in the Punjab Treasury Rules.
12. Collection and retention of the amount of toll by the lessee. [Section 3].- (1) The State Government may lease the collection of toll of a bridge or a road or both to a person who has invested his own funds for the construction, development and maintenance of such bridge or road or both for the agreed period and at the agreed rate under Build, Operate and Transfer Agreement Scheme and such person (lessee) shall retain the amount of toll collected to the extent agreed upon under the aforesaid agreement.

(2) The rate of toll and the period of collection referred to in sub-rule (1), shall be decided by the State Government having regard to the expenditure involved in the construction, maintenance, management of the road or bridge as the case may be.

(3) On completion of the period of collection of toll by the person referred to in sub-rule (1) as per the agreement, all rights pertaining to the bridge or road or both, shall be deemed to have been taken over by the State Government.

(4) A table of rates of toll authorised to be collected on any bridge or road or both, shall be put up by the person referred to in sub-rule (1) at a conspicuous place of the relevant area and the concerned toll collection booth legibly written or printed in English and in Punjabi languages.

(5) The person authorised to collect and retain the toll under these rules, shall nominate an officer of the State Government as incharge of toll collection, who shall be responsible to ensure that toll is collected at not more than the agreed rates, and the toll collection is smooth without causing undue hardship to the road users and after keeping in view all other matters connected with the toll collection on the bridge or road or both.

(6) The incharge of toll collection shall also ensure that the full address and telephone number of the executing agency for taking action on public complaints, are also displayed at a suitable conspicuous places.

(7) The State Government shall have the right to check the toll collection at any time through their authorized officers.

(8) The person referred to in sub-rule (1) shall have power to regulate and control the traffic, on such bridge or road or both in respect of which he is authorized to collect toll under these rules.

13. Tenure of toll collection.- The toll shall be collected as per the provisions of section 4 of the Act.

Form 'A'

[See rule 7(1) and (3)]

Signature of Fee Inspector

Form 'B'

[See Rule 9(2)]

Cash Register

Form 'C'

[See Rule 9(8)]

Register showing record of fee collected and remittance of account of fee collected on Road or State Highway section or permanent bridges