Year : 1962

[Act, No. 8 of 1851] [4th July, 1851]

PREAMBLE

An Act for enabling Government to levy Tolls on Public Roads and Bridges.

WHEREAS it is expedient to enable Government to levy tolls upon roads and bridges ; It is enacted as follows :-

Section -1 Repealed

Rep. by the Repealing Act, 1870 (14 of 1870), s.1 and Sch., Pt.II.

1A - Extent

[Ins by the A.O.1937.] This Act extends to the territories administered on the fourth of July, eighteen hundred and fifty-one, by the Governor of the Presidency of Fort William in Bengal, the Lieutenant-Governor of North-Western Provinces of Bengal and the Governor of the Presidency of Fort St.George in Council.]

Section -2 Power to cause levy of tolls on roads and bridges within certain rates, and to appoint collectors.

Collectors responsibilities

Subs.by the A.O.1937 for " The Governor of the Presidency of Fort William in Bengal, the Lieutenant-Governor of the North-Western Provinces of Bengal and the Governor of the Presidency of Fort St.George in Council".][The State Government] may cause such rates of toll, [The words "not exceeding the rates mentioned in the Schedule annexed to this Act " omitted by Act 3 of 1920, section. 2 and Sch.I.]as Subs.by the A.O.1937 for " they respectively think fit".][it thinks fit], to be levied upon any road or bridge which has been, or shall hereafter be, made or repaired [Subs by the A.O.1937 for "they expense of the Govt.".][at the expense of the Central or any State Government]; and may place the collection of such tolls under the management of such persons as may appear to [Subs.by the A.O.1937 for " them ".] [fit] proper : and all persons employed in the management an collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the land revenue.

Section -3 Their powers for recovery of toll

In case of non-payment of any such toll on demand, the officers appointed to collect the same may seize any of the carriages or animals on which it is chargeable, or any part of their burden of sufficient value to defray the toll ; and, if any toll remains undischarged for twenty-four hours, with the cost arising from such seizure, the case shall be brought before the officer appointed to superintend the collection of the said toll, who may sell the property seized for discharge of the toll, and all expenses occasioned by such non-payment, seizure and sale, and cause any balance that may remain to be returned, on demand, to the owner of the property, and the said officer, on receipt of the property, shall forthwith issue a notice that, at noon of the next day, exclusive of Sunday, or any closed holiday, he will sell the property by auction : Release of seized property on tender of dues.-

Provided that, if, at any time before the sale has actually begun, the person whose property has been seized shall tender the amount of all the expenses incurred, and of double the toll payable by him, the said officer shall forthwith release the property seized.

Section -4 Exemptions from payment of toll

No tolls shall be paid for the passage{ The words " of troops and military stores and equipages on their march or " rep.by Act 2 of 1901, s.8 and Sch.}of Police-officers on duty, or of any person or property in their custody, but no other exemption from payment of the toll levied under this Act shall be allowed.

Section -5 Assistance of collectors by Police-officers

All Police-officers shall be bound to assist the toll-collectors when required, in the execution of this Act; and, for that purpose, shall have the same power which they have in the exercise of their common police-duties.

Section -6 Penalty for offences under Act. Compensation to person aggrieved. Saving of his right to sue

Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also every person who shall unlawfully and extortionately demand, or take any other or higher toll than the lawful toll, or under colour of this Act seize or sell any property knowing such seizure or sale to be unlawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of this Act, shall be liable on conviction before a Magistrate to imprisonment for any term to exceeding six calendar months, or to fine not exceeding two hundred rupees, any part of which fine may be awarded by the Magistrate to the person aggrieved; but this remedy shall not be deemed 0 bar or affect his right to have redress by suit in the Civil Court [The words " of the Zillah " rep.by Act 12 of 1876, section. 1 and Sch., Pt.I].

Section -7 Exhibition of table of tolls, and statement of penalties

A table of the tolls authorised to be taken at any toll-gate or station shall be put up in a conspicuous place near such gate or station legibly written or printed in English words and figures, and also in those age of the district, to which shall be annexed, written or printed in like manner, a statement of the penalties for refusing to pay the tolls and for taking any lawful toll.

Section -8 Application of proceeds of tolls

The tolls levied under this Act shall be deemed public revenue [The words " but the net proceeds thereof shall be applied wholly to the Construction repair and maintenance of roads and bridges within the presidency in which they are levied" omitted by the A.O.1937].

Schedule I - SCHEDULE ONE

Rep.by the Devolution Act, 1920 (38 of 1920) section. 2 and Sch.I.

Indian Tolls Act, 1851