TAMIL NADU PILGRIM TOLLS (VEHICLES AND ANIMALS) RULES, 1939 TAMIL NADU PILGRIM TOLLS (VEHICLES AND ANIMALS) RULES, 1939 In exercise of the powers conferred by sub-section (2) of section 118 and sub-section (1) and clause (a) of sub-section (2) of section 128 of the
1[Tamil Nadu] Public Health Act, 1939 (1[Tamil
Nadu] Act III of 1939), His Excellency the Governor of
1[Tamil Nadu], is hereby pleased to make the following rules:-- 1.
(1) These rules may be called the 1[Tamil Nadu] Pilgrim Tolls (Vehicles and Animals) Rules, 1939. (2) They extend only to those local areas or part or parts of a local area which have been notified as a fair or festival centre under clause (a) of sub-section (1) of section 116 of the Act. (3) They shall remain in force in a notified fair or festival centre only during the period for which tolls are authorized to be levied in such centre by the notification issued under sub-section (1) of section 118 of the Act. 2. In these rules unless there is anything repugnant in the subject or context,-- (i) "the Act" means, the
1[Tamil Nadu] Public Health Act, 1939 (1[Tamil Nadu] Act III of 1939); (ii) "Government" means, the Government of
1[Tamil Nadu]; (iii) "notified fair or festival" means, the fair or festival in connexion with which a notification under sub-section (1) of section 116 of the Act has been issued; (iv) "responsible authority" means the Local Authority within whose jurisdiction a notified fair or festival is held, or if it is held within the jurisdiction of two or more local authorities, the person or committee appointed by such local authorities jointly under the provisions of section 120 of the Act; and (v) "Sale Officer" means, the person appointed by the responsible authority to receive and sell properties seized and detained in pursuance of the provisions of sub-rule (1) of rule 4. Explanation I.--
Any officer or servant of the Local Authority or authorities within whose jurisdiction a fair or festival is held, may be appointed as the Sale Officer. Explanation II.--
In cases where the responsible authority happens to be a single individual, such individual may be appointed as the Sale Officer. Explanation III.--
In cases where a committee is appointed as the responsible authority, a member of such committee may be appointed as the Sale Officer. 3.
(1) The responsible authority may construct toll-bars and toll-stations on or within the limits of the notified fair or festival centre and with the previous sanction of the Government outside the limits of the notified fair or festival centre; and (a) may place the collection of the tolls under the management of such persons as it thinks fit, or (b) may farm them out on such terms and conditions as it thinks fit, with liberty to the farmer to exercise all or any of the powers conferred by or under the Act, and any rules or by-laws framed thereunder, for the levy and collection of tolls. (2) The responsible authority may, whether the tolls have been farmed out or not, compound with any person living within the limits of the notified fair or festival centre for certain sum to be paid in lieu of all tolls payable under the provisions of section 118 of the Act. 4.
(1) If the toll leviable on a vehicle or animal is not paid on demand the person appointed to collect it may seize and detain such portion of the appurtenances or load of such vehicle or animals as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the vehicle or animal. (2) All property seized under sub-rule (1) shall be sent within 24 hours to the Sale Officer and he shall give notice forthwith to the owner of the property seized, or, if the owner is not known, or is not resident within the notified fair or festival centre, to the person who was in charge of the said property at the time when it was seized, or, if such person cannot be found, publish by beat of drum within the notified fair or festival centre, that after the expiry of three days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in auction at a place to be specified in the notice. (3) If at any time before the sale has begun, the owner of the property seized, or the person who was in charge of the said property at the time when it was seized, tenders to the Sale Officer-- (i) the amount due on account of the toll; (ii) such sum not exceeding the amount of the toll as the responsible authority may direct by way of penalty; and (iii) a sum of 8 annas on account of charges incurred in connexion with the seizure and detention of the property, the property shall be forthwith released. (4)
(i) If no such tender is made, the property may be sold. (ii) From the proceeds of the sale, a sum of one rupee shall be deducted on account of charges incurred in connexion with the seizure, detention and sale of the property. (iii) The balance shall be applied first in payment of the penalty referred to in clause (ii) of sub rule (3); secondly, in payment of the amount due on account of the toll and lastly, the residue, if any, shall be paid to the owner of the property, or the person who was in charge of the said property at the time when it was seized. 5. No person shall with intent to evade payment of toll cause a vehicle or animal-- (a) to pass a toll-station in a rapid or surreptitious manner; (b) to pass a toll-station without stopping if he is required by the toll-keeper to stop; or (c) to leave a street on which a toll-station has been placed and pass over any adjacent land, not being either a public street or land of which such person is the owner or occupier. 6. At every toll-bar, or toll-station, a copy of the notification published under sub-section (1) of section 118 of the Act, shall be put up legibly written or painted in English and in the language or languages of the District in some conspicuous place near such toll-bar or toll-station and, in the absence of such notification, no toll shall be leviable at such toll-bar or station. 7. In cases where the fair or festival is held within the jurisdiction of two or more local authorities, the proceeds of the tolls levied under the provisions of section 118 of the Act shall, after deducting the expenses of collection, be distributed between the local authorities in such proportions as may be determined by the Government. 8. Whoever contravenes the provision of rule 5 or otherwise tries to evade the payments of tolls or offers resistance to the seizure and detention of any vehicle or animal in respect of which toll is not paid, shall be punishable with fine which may extend to one hundred rupees.
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