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. [STATE
AMENDMENTS [Uttar Pradesh [1] [After Section 2 The following
sections shall be inserted, namely:- "2-A. 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. 2-B. 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. 2-C. 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 fulfillment 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 tub-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
arrear 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. 2-D. 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 2-E. 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. 2-F. 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.".] 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.}. [STATE
AMENDMENTS [Uttar Pradesh [2] [After Section 8 The following
section shall be inserted, namely:- "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 Houses 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 there under.".]INDIAN TOLLS ACT, 1851 (UTTAR PRADESH
AMENDMENT)