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Union of India - Section
Section 8 in Indian Tolls Act, 1851
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.].| Section 9Andhra Pradesh.- In its application to the State of Andhra Pradesh, section 9 is the same as that of Madras (Tamil Nadu). This section has been renumbered as sub-section (1) and sub-section (2) inserted as under:-"(2) Every rule made under this Act shall, immediately it is made, be laid before each House of the State Legislature if it is in session, and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the Andhra Pradesh Gazette have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule." - [A.P. Act 17 of 1975, section 3 (1-8-1975).]Assam.- In its application to the State of Assam, section 8 is repealed. -[Assam Act 1 of 1932, section 3.]Bihar.- After S.8, insert the following -"9. Power of State Government to make rules.- (1) The State Government may, subject to previous publication, make rules not inconsistent with the provisions of this Act, for carrying out the purposes of the Act.(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -(a) method of collection of the tolls;(b) determination of the rate of levy of the tolls;(c) method for settlement of collection for the tolls; or(d) any other matter required generally for carrying out the purposes of this Act.(3) Every rule made under this section shall be laid as soon as may be after it is made, before each house of the State Legislature while it is in session for a total period of 14 days which may be comprised in one session or two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in, making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. - [Bihar. Act 19 of 1965, section 3 (29-9-1965).Tamil Nadu.- In its application to the State of Tamil Nadu after section 8, the following section shall be added, namely: -"9. Power of State Government to make rules.- The State Government shall have power to make rules regarding the method of collection of the tolls, including the terms and conditions of the farming out thereof, the manner of distribution of the receipts therefrom, and generally for carrying out the purposes of this Act". - [T.N. Acts 6 of 1938, section 3 (19-4-1938) and 14 of 1942, section 4 (w.r.e.f. 19-4-1938).]Uttar Pradesh.- In its application to the State of Uttar Pradesh, after section 8 insert as under -"9. Power to make rules.- (1) The State Government may make rules to carry out the purposes of this Act.(2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session for a total period of thirty days extending in its one session or more than one successive sessions, and shall unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two House of the Legislature may during the said period agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder." - [U.P. Act 22 of 1974, section 3 (w.r.e.f. 1-1-1974).]Section 10Bihar.- In its application to the State of Bihar, after section 9, insert as under -"10. Powers of the State Government to vary the rates of toll.- The State Government may from time-to-time vary the rate of tolls and may fix different rates for different kind of vehicles." - [Bihar Act 69 of 1982, section 2 (14-8-1982).] |