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State of Odisha - Section

Section 6 in The Orissa Express Highway Act, 1964

6. Levy of tolls.

(1)The State Government may, in accordance with the rules to be made in that behalf, levy such rates of toll as they may, from time to time declare by notification in that behalf, for the carriage of any goods or for the passage of any vehicle or animal upon any express highway or portion thereof constructed, developed or maintained by the State Government and different rates of toll may be levied in respect of different express highways, or different portions thereof :Provided that no toll shall be levied in respect of any over bridge constructed on or across an express highway or in respect of any crossing thereon approved by the prescribed authority.
(2)The collection of such tolls may be placed under the management of such persons, subject to such terms and conditions as the State Government may deem fit and proper.(2-a) The State Government may in such circumstances and subject to such conditions as may be prescribed and upon application made in that behalf by the owner of any goods vehicle or animal in respect of which toll is leviable under Sub-section (1), permit such owner to compound the toll payable in respect of the goods, vehicle or animal by paying in lieu thereof a sum fixed in such manner as may be prescribed.
(3)In case of non-payment of any such toll on demand, the officers appointed to collect the same may seize the goods, vehicle or animals, as the case may be, on which the toll is chargeable or may seize any part of the goods or any part of the burden carried by the vehicle or animal of sufficient value to defray the toll; and, if any toil along with the cost arising from such seizure, remains undischarged for twenty-four hours, 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 :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.
(4)No toll shall be paid for the passage of-
(a)vehicles belonging to or in the service the Military, Naval or Air Force of the Union;
(b)any fire service or ambulance vehicle; or
(c)vehicles belonging to the Police Department of the State Government while carrying Police Officers on duty.
(5)All Police Officers shall be bound to assist the toll collectors, when required, in the execution of this Act; and, for the purpose, shall have the same power which they have in the exercise of their common police duties.
(6)Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or demand any toll in respect of any express highway and also every person who shall unlawfully and extortionately demand, or take any other 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 not 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 to bar or affect his right to have redress by suit in the Civil Court.
(7)The proceeds of all tolls levied under this Act in respect of any express highway shall be utilised meeting the expenses incurred by the State Government in the construction, maintenance and development of that highway and for purposes ancillary or incidental thereto.