INDIAN
TOLLS ACT, 1851 (JHARKHAND AMENDMENT)
Section 2 - Power to cause levy of tolls on roads and bridges within certain rates, and to appoint collectors. Collectors responsibilities
[1] [The
State Government] may cause such rates of toll, [2] [***]
as [3] [it
thinks fit], to be levied upon any road or bridge which has been, or shall
hereafter be, made or repaired [4]
[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 [5] [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 the land revenue.
[STATE AMENDMENTS
Jharkhand
[6] [ 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.]
[7] [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."]
[1]
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).
[2] 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.
[3] Subs. by
the A.O.1937 for " they respectively think fit".
[4] Subs by
the A.O.1937 for "they expense of the Govt."
[5] Subs. by
the A.O.1937 for " them ".
[6] Jharkhand
Act 4 of 2002, S. 2 (26-3-2004).
[7] [A.P. Act
4 of 2002].