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Union of India - Section
Section 2 in Indian Tolls Act, 1851
2. Power to cause levy of tolls on roads and bridges within certain rates, and to appoint collectors. Collectors' responsibilities.
- [The State Government] [[Substituted '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' by A.O. 1937.The authority of the Provincial Government in any Province of India not specified in s. 1A to which this Act and the Indian Tolls Act, 1864 (15 of 1864), may be or have been extended, is to be the same as if it had been originally specified in s. 2. See the Indian Tolls Act, 1888 (8 of 1888), s. 2(1).]] may cause such rates of toll, [***] [The words 'not exceeding the rates mentioned in the Schedule annexed to this Act' omitted by Act 38 of 1920, s. 2 and the First Schedule.] as [it thinks fit] [Substituted by the A.O. 1937, for 'they respectively think fit'.], to be levied upon any road or bridge which has been, or shall hereafter be, made or repaired [at the expense of the Central or any State Government] [Substituted by the A.O. 1937, for 'at the expense of the Govt.'.]; and may place the collection of such tolls under the management of such persons as may appear to [it] [Substituted by the A.O. 1937, for 'them'.] proper: and all persons employed in the management and 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.| Andhra Pradesh.- In its application to Andhra area of the State of Andhra Pradesh, the Amendment made in section 2 is the same as that of Madras (Tamil Nadu).Jharkhand.- In its application to State of Jharkhand. After Section 2 of Indian Toll Act, 1851, two new sections i.e. '2A' and 2B' shall be inserted as follows:'2A' Development, construction,re-construction, repair, operation and/or maintenance of road and/or bridges other than National Highway and/ or bridges thereon;(i) Notwithstanding anything contained in this Act and any other law for time being in force the State Government may cause Roads and/or Bridges other than National Highway and/or bridges thereon developed, constructed, reconstructed, operated and/or maintained by any person by entering into a specific agreement in respect thereof with such persons.(ii) Notwithstanding anything contained in this Act, the person referred to in sub-section (i) shall be entitled to collect and retain fees as such rate for services or benefits rendered by him, as the State Government may specify by notification in the official gazette having regard to the expenditure involved in building, maintenance, management and operation of the roads and/or bridges, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement.(iii) A person referred to in sub-section (i) shall have power to regulate and control the traffic in accordance with the provisions contained in chapter-VIII of the Motor Vehicles Act, 1988 on the highway in respect of the subject matter of such agreement for proper management thereof.2B. Punishment or mischief by injury to roads and/or bridges.- Whoever commits mischief by doing any act which renders or which he knows to be likely to render any road and/or bridge referred to in sub-section (i) of section '2A' impassable or less safe travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine or with both.Explanation.- For the purpose of this the expression "any person" shall include any company or association or body of individuals (whether incorporated or not) or a firm. - [Jharkhand Act 4 of 2002, S. 2 (26-3-2004).]For section 2, the following sections shall be substituted namely : -2. Power to cause levy of tolls on roads and bridges within certain rates, and to appoint Collectors, Collector's responsibilities.- The State Government may cause such rates if tolls, as it thinks fit, to be levied upon any road or bridge, which has been, or shall hereafter be, made or repaired partly or wholly at the expense of the State Government or any Local body or through any agency authorised by the State Government and may place the collection of such tolls under the management of such persons as may appear to it proper; and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of land revenue.2A. Roads and Bridges Construction, Maintenance and Repair Fund.- (1) All sums received by the State Government by way of tolls levied and collected under section 2 shall be credited to a specific fund called "the Bridges and Roads Construction, Maintenance and Repair Fund" to be constituted for this purpose on or after the commencement of the Indian Tolls (Andhra Pradesh Amendment) Act, 2002.(2) The amounts credited under sub-section (1) shall be applied for the construction of future bridges and roads and maintenance and repairs of existing bridges and roads in the State in such manner as may be prescribed." - [A.P. Act 4 of 2002].Madhya Pradesh.- Sections 2 and 3 of the Indian Tolls Central Provinces (Amendment) Act, 1932 (C.P. Act 8 of 1932) run as follows:2. Power of State Government to lease levy of tolls.- It shall be lawful for the State Government to lease the levy of tolls at the rates prescribed under section 2 of the Indian Tolls Act, 1851, as subsequently amended, upon any public road or bridge by public auction or private contract from year to year or[for such longer period not exceeding fifteen years] [Substituted by M.P. Act 25 of 1994.]on such terms and conditions as the State Government may deem fit:Provided that the lessee shall give security for the due fulfilment of such conditions, and that sums payable under the terms and conditions of the lease shall be recoverable as if they were arrears of land revenue.3. Acts of lessee or his agent.- When the right to collect tolls on any public road or bridge has been duly leased, the lessee and every person employed by the lessee as his agent for collecting the tolls shall be deemed to be persons appointed to collect tolls under this Act, and shall exercise all the powers and be subject to all the responsibilities attaching to persons so appointed. [M.P. Act 25 of 1994, section 3.]3A.In section 2, in its application to the State of Madhya Pradesh for the words "at the expense of the Central or any State Government" the words "at the expense of the Central or any State Government, or such other Corporation, statutory body, Company, firm or person authorised by the State Government for this purpose" shall be substituted. [M.P. Act 25 of 1994, section 3.]Orissa.- In its application to the State of Orissa, in S. 2 for the words "at the expense of the Central or any State Government" the words "at the expense of the Central or any State Government or any Corporation, Statutory Body, Company, Firm or person authorise by the State Government for this purpose shall be substituted. [Orissa Act 7 of 1999, S. 2.Tamil Nadu.- In its application to the State of Tamil Nadu, for section 2 the following section shall be substituted, namely:-2. Power of State Government to levy tolls on roads and bridges.- (1) The State Government may levy tolls in respect of-(a) any road or bridge made, improved or repaired at their expense after the 1st April, 1931, and(b) any bridge made, improved or repaired after the 1st April, 1931, partly at the expense of the State Government and partly at the expense of a local body or bodies or solely at the expense of a local body or bodies, provided that the total expense incurred on the bridge shall not be below such limit, if any, as the State Government may, by rules, determine.(2) The tolls shall be levied only at such rates and for such period as the State Government may by notification in the Official Gazette declare to be necessary: -(a) in the case of tolls levied under clause (a) of sub-section (1) for the recovery of the amount expended upon the road or bridge or such portion of such amount as the State Government may determine, together with interest thereon at such rate as they may fix; and(b) in the case of tolls levied under clause (b) of sub-section (1), for the recovery of the amounts expended upon the bridge -(i) by the State Government; and(ii) by the local body or bodies otherwise than from its or their ordinary revenues,or such portions of such amounts as the State Government may determine, together with interest on such amounts or such portions, as the case may be, at such rate or rates as they may fix.(3) Where tolls are levied in respect of any bridge under clause (b) of sub-section (1), the receipts from the tolls after deducting the expenses on account of the collection thereof, shall -(i) in case the bridge is made, improved or repaired solely at the expense of a local body be paid to that local body, and(ii) in other cases, be distributed between the local body or bodies concerned and the State Government in proportion to the expenditure respectively incurred by the local bodies otherwise than from their ordinary revenues and by the Government.(4) All sums payable to local bodies under sub-section (3) shall be charged on the Consolidated Fund of the State.(5) (a) The State Government may place the collection of the tolls levied under sub-section (1) under the management of such persons as may appear to them proper; and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of land revenue.(b)The State Government may farm out the collection of the tolls levied under sub-section (1) and in such a case the farmer and his agents and servants shall be deemed to be persons appointed to collect tolls under this Act" - [T.N. Acts 6 of 1938, section 2 (19-4-1938) and 14 of 1942, section 2 (w.e.f. 19-4-1938)].In the Indian Tolls Act, 1851 (hereinafter referred to as the Principal Act) in section 2,(1) in sub-section (1),-(a) in clause (a), the word "and" occurring at the end shall be omitted;(b) in clause (b), the word "and" shall be added at the end;(c) after clause (b), the following clause shall be added, namely:-"(c) any road or bridge made, improved or repaired at the expense of any person or body or association of individuals, whether incorporated or not, provided that the total expenditure incurred on the road or bridge shall not be below such limit, if any, as the State Government may, by rules, determine.";(2) in sub-section (2),-(a) in clause (c), the word "and" occurring at the end shall be omitted;(b) in clause (b), the word "and" shall be added at the end;(c) after clause (b), the following clause shall be added, namely:-"(c) in the case of tolls levied under clause (c) of sub-section (1), for the recovery of the amount expended upon the road or bridge by the person or body or association of individuals concerned, together with interest thereon at such rate as the State Government may fix and such other amount as the State Government may determine.";(3) after sub-section (3), the following sub-section shall be inserted, namely:-"(3-A) Where tolls are levied in respect of any road or bridge under clause (c) of sub-section (1), the receipts from the tolls, after deducting the expenses on account of the collection thereof, shall be paid to the person or body or association of individuals concerned.";(4) for sub-section (4), the following sub-section shall be substituted, namely:-"(4) All sums payable to -(a) local bodies under sub-section (3), and(b) any person or body or association of individuals under sub-section (3-A), shall be charged on the Consolidated Fund of the State.". - [T.N. Act 63 of 1997, section 2.]In its application to the State of Tamil Nadu(1) in sub-section (1), in clause (b), for the word "bridge" to two places where it occurs, the words "road or bridge" shall be substituted;(2) in sub-section (2), in clause (b), for the word "bridge" the words "road or bridge" shall be substituted;(3) in sub-section (3), for the word "bridge" in two places where it occurs the words "road or bridge" shall be substituted.- [T.N. Act (35 of 2000), S. 2, 4-10-2000.]Sections 2A to 2FUttar Pradesh.- In its application to the State of Uttar Pradesh, after section 2 insert as under -2A. Tolls on roads, and bridges made, maintained or repaired by the Corporation.- The provisions of section 2 shall apply to any road or bridge which has been, or shall hereafter be made, maintained or repaired at the expense of the Uttar Pradesh State Bridge Corporation Limited, a Government company registered under the Companies Act, 1956 (hereinafter referred to as the Corporation) as they apply to roads and bridges made or repaired at the expense of the State Government.2B. Powers of a Corporation to manage and collect tolls, etc.- (1) Without prejudice to the generality of the provisions of sections 2 and 2-A, and subject to any rules made under this Act or to any general or special orders of the State Government, the State Government may authorise the Corporation to manage and collect all tolls levied upon any road or bridge which has been or shall hereafter be made, maintained or repaired at the expense of the Corporation, or the ownership, maintenance and repairs whereof has been or shall hereafter be transferred to the Corporation by the State Government.(2) Where the Corporation is authorized to manage and collect any tolls under sub-section (1), the State Government shall, at the beginning of each financial year, after due appropriation has been made by law withdraw from and out of the Consolidated Fund of the State an amount equivalent to the tolls so collected by the Corporation and deposited by it in the Government treasury in the preceding financial year, and pay the same to the Corporation, and such payment shall be an expenditure charged on the Consolidated Fund of the State.2C. Power of the State Government and the corporation to lease and levy of tolls.- (1) Notwithstanding anything contained in section 2, section 2-A or section 2-B the State Government or the corporation as the case may be, may lease the right to collect the tolls levied under the said sections upon any road or bridge to any person by public auction or by private negotiations for a period not exceeding five years at any one time, on such terms and conditions as the State Government or the Corporation, as the case may be, may deem fit:Provided that the lessee shall be required to furnish such security for due fulfilment of the terms and conditions of the lease as the State Government or the Corporation, as the case may be, may direct.(2) Where any sum payable by a lessee under a lease granted under sub-section (1) is due, then, in the case of State Government such officer as may be authorized in that behalf by the State Government by general or special order, and in the case of the Corporation, the Managing Director thereof, may send a certificate to the Collector, mentioning the sum due from such lessee and requesting that such sum together with costs of the proceedings be recovered as if it were an arrears of land revenue.(3) The Collector on receiving the certificate shall proceed to recover the amount stated therein as an arrear of land revenue.(4) No suit for the recovery of any sum due aforesaid shall lie in the civil court against such lessee.2D. Powers of lessee and their agents.- All persons employed by the Corporation in the management and collection of tolls levied under section 2 and section 2-A and where the right to collect toll has been leased under section 2-C, the lessee and every person appointed by the lessee as his agent for the purpose of collection of such tolls shall be deemed within the meaning of section 3 to be an officer appointed to collect the tolls and shall, except as otherwise provided, exercise all the powers and be subject to all the obligations and liabilities attaching persons so appointed, including the obligation to exhibit a table of toll and statement of penalties required by section 7.2E. Liability to issue receipt.- The lessee or any person collecting the toll on his behalf shall issue a receipt therefor duly signed by him in such form and manner as may be prescribed by rules.2F. General penalty.- Any person guilty of any act or omission in contravention of the provisions of this Act, for which no other punishment is provided in this Act, shall be punishable with fine which may extend to five hundred rupees." - [U.P. Act, 22 of 1974, section 2 (w.r.e.f. 1-4-1974).][Andhra Pradesh]- Substitution of Section 2:- In the Indian Tolls Act, 1851 (Central Act of 1851) (hereinafter referred to as the principal Act), in its application to the State of Andhra Pradesh, for Section 2, the following sections shall be substituted, namely:-2. Power to cause levy of tolls on roads and bridges within certain rates, and to appoint Collectors, Collector's responsibilities.- The State Government may cause such rates of tolls, as it thinks fit, to be levied upon any road or bridge which has been, or shall hereafter be, made or repaired partly or wholly at the expense of the State Government or any Local Body or through any agency authorised by the State Government and may place the collection of such tolls under the management oi such persons as may appear to it proper: and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of land revenue.2A. Roads and Bridges Construction, Maintenance and Repair Fund.- (1) All sums received by the State Government by way of tolls levied and collected under Section 2 shall be credited to a specific fund called "the Bridges and Roads Construction, Maintenance and Repair Fund" to be constituted for this purpose on or after the commencement of the Indian Tolls (Andhra Pradesh Amendment), Act, 2002.(2) The amounts credited under subsection (1) shall be applied for the construction of future bridges and roads and maintenance and repairs of existing bridges and roads in the State in such mannetas may be prescribed". [A.P. Act No. 5 of 2002.] |