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INDIAN TOLLS ACT, 1888
8 of 1888
5th September, 1888
STATEMENT OF OBJECTS AND REASONS "The object of this Bill is lo remove doubts as to the operation of Acts VIII of 1851 and XV of 1864 in the Punjab and to validate the levy of tolls in that Province under those Acts. The introduction of a Bill being expedient for those purposes the opportunity has been taken to confer in ex- press terms on the Lieutenant Governor of the Punjab and the Chief Commissioners of Burma, the Central Provinces and Coorg, and on the Local Government of any other province in which the Acts may for the time being be in force, the authority which is conferred on the Governor of Fort SI. George in Council and the Lieutenant Governors of Bengal and the North-Western Provinces by S. 2 of the Act of 1851 and to declare the word "Presidency" in S. 8 of the Act to mean the territories under the administration of a Local Government."-Gazette of India, 1888 Part V page 43.
An Act to remove doubts as to the legality of the levy of certain Tolls. WHEREAS doubts have been raised as to the operation of the Acts of the Governor General in Council, No. VIII of 1851 (an act for enabling Government to levy Tolls on Public Roads and Bridges) and No. XV of 1864 (an Act to amend Act VIII of 1851); It is hereby enacted as follows:
SECTION 01: ENFORCEMENT OF ACTS VIII OF 1851 AND XV OF 1864 IN THE PUNJAB
Acts VIII of 1851 and XV of 1864 shall be deemed to be in force throughout the territories now administered by the Lieutenant Governor of the Punjab, and from the twenty-first day of August, 1857, and the twenty-fourth day of March, 1864 respectively, to have been in force in the territories for the time being administered as part of the Punjab 2[as it existed immediately before the 1st November, 1956.]
SECTION 02: OPERATION OF THE ACT IN THE PUNJAB AND CERTAIN OTHER PARTS OF THE STATES
(1)1[In any part of India] beyond the limits of the territories administered by the Governor of Fort St. George in Council and the Lieutenant-Governors of Bengal and the North-Western Provinces to or in which Act VIII of 1851 and XV of 1864 may be or have been extended or may be or have been declared to be in force, under the latter of those Acts or by this Act or by or under any other enactment, the State Government shall be deemed to have and where the Acts have been in force before the passing of this Act, to have had the same authority as if it had been included among the State Governments specified in section 2 of Act VIII of 1851.2[* * * * *]
SECTION 03: VALIDATION OF PAST LEVY OF TOLLS
All tolls levied, or purporting to have been levied, under Acts VIII of 1851 and XV of 1864, or either of those Acts, before the passing of this Act, shall be deemed to have been lawfully levied.
SECTION 04: SAVING
Nothing in the foregoing sections shall affect any proceedings commenced in any Civil Court before the first day of July 1888.
SECTION 05: AMENDMENT OF SECTION 2, ACT VIII, 1851
[Repealed by A.0" 1937.]
1. Substituted for the words "In a Part A State or a Part C State" by 2 A.L.O., 1956.
2. Sub-section (2) was omitted by A.O., 1937.
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