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THE TOLLS ON ROADS AND BRIDGES ACT, 1875
Bombay Act No III of 1875
[28th December 1875]
Repealed in part, by Act 16 of 1895;
Repealed in part, by Act 2 of 1901;
Repealed in part, by Bom 3 of 1886.
Repealed in part (except in the City of Bombay),% by Bom 1 of 1884.
Amended by Bom. 5 of 1881.
Amended (except in the City of Bombay), by Bom. 1 of 1884.
Adapted and modified by the Adaptation of Indian Laws Order in Council.
An Act for enabling Government to levy tolls on Public roads and bridges in the Presidency of Bombay.
WHEREAS tolls have been levied in the Presidency of Bombay in accordance with' Act XV of 18641 since the thirtieth day of July, 1864, but doubts have arisen whether the said Act has been formally extended to the said Presidency; and whereas it is expedient to remove the said doubts and to consolidate in one Act the provisions for the levy of tolls upon public roads and bridges in the said Presidency; It is enacted as follows :
SECTION 01: REPEAL OF ACT VIII OF 1851
Act VIII of 1851 is hereby repealed insofar as it affects the Presidency of Bombay.
SECTION 02: [Act XV of 1864 deemed to have been extended to Bombay Presidency from 30th July, 1864.] Rep. Act XVI of 1895.
SECTION 03: RATES OF TOLLS TO BE LEVIED
The 4[Provincial Government] may cause such rates of tolls, not exceeding the rates mentioned in the Schedule annexed to this Act, to be levied upon any road or bridge which has been or shall hereafter be made or repaired at the expense of 5[the Crown] or from funds collected under the provisions of 6[Bombay Act III of 1869 or other funds levied under the authority and subject to the general control 3[of the Provincial Government], and may place the collection of such tolls under the management of such persons as may appear to 2[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. 3[* * *]
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1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1875, Pt, V p. 92, and for Proceedings in Council, see ibid, pp. 104 and 108. The short title was given by the Bombay Short Titles Act, 1921 Bom 2 of 1921). No tolls leviable under this Act are to be levied within any local area notified under the Bombay Highway Act, 1883 Bom I of 1883), Sec. 7. The net proceeds of certain tolls levied under this Act are to be credited to the Local Fund constituted by the Bombay Local Boards Act, 1923 Bom 6 of 1923), Sec. 74.
2. The Indian Tolls Act, 1864, Central Acts.
3. The Indian Tolls Act, 185 1, Central Acts
4. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
5. The words "the Crown" were substituted for the words "the Government", ibid.
6. See now Bom. 6 of 1923.
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"[Clause 2. "Persons" defined. The word "persons'' in this section shall be deemed to include local boards established under the 5[Bombay Local Boards Act, 1884.]
SECTION 04: PROCEDURE IN CASE OF NON-PAYMENT OF TOLLS
In case of nonpayment of any such toll on demand, the officers appointed to collect the same may in the first place seize any part of the burden or load of the carriage or animal on which the toll is chargeable, of sufficient value to defray the toll, or, in the event of the burden or load being insufficient, such carriage or animal; and, if any toll remains undischarged for twenty-four hours, with the cost arising from such seizure, 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 close holiday, he will sell ell 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.
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1. The words "of the Provincial Government" were substituted for the words "of Government" by the Adaptation of Indian Laws Order in Council.
2. The word "it" was substituted for the word "him" by the Adaptation of Indian Laws Order in Council.
3. The words " until such rates of tolls shall be fixed by the Governor in Council, the tolls now levied shall continue to be levied by persons under whose management the same are now collected, who shall be held to have been appointed under the provisions of this Act," were repealed by the Amending Act, 1895 (16 of 1895).
4. Clause 2 was substituted by Sec. 77 of the Bombay Local Boards Act, 1884 Bom 1 of 1884), which is repealed by Bom 6 of 1923.
5. See Bombay Local Boards Act, 1923 Bom 6 of 1923).
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SECTION 05: EXEMPTIONS FROM TOLL PROVINCIAL GOVERNMENT MAY GRANT OTHER EXEMPTIONS
No tolls shall be paid for the passage 1[* * *1 of Police-officers on duty, or of any person or property, in their custody. And it shall further be lawful for 2[the Provincial Government], by notification in the 3[Official Gazette], to grant and define other exemptions from payment of the tolls levied under this Act.
SECTION 06: POLICE-OFFICER BOUND TO ASSIST TOLL-COLLECTORS
All Police Officers shall be bound to assist the toll-collectors when required, in the execution of this Act, and for that purpose shall have the same power which they have in the exercise of their ordinary police duties.
SECTION 07: PENALTY ON UNAUTHORISED PERSON DEMANDING TOLLS, AND FOR ILLEGAL DEMAND
Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also every person who shall unlawfully and extortionately demand and or take any other or 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
4[ * * *] for any term not exceeding Six 4[* * *] months, or to fine not exceeding rupees two hundred, 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 of the district.
SECTION 08: TABLE OF TOLLS TO BE PUT UP AT GATE OR STATION
A table of the tolls authorised to be taken at any toll-gate or station, legibly written or printed in English words and figures, and also in those of the vernacular language of the district, to which shall be annexed, written or printed in like manner, a statement of the penalties for refusing to pay the tolls and for taking any unlawful toll, shall be furnished by Government to the collector of tolls, and the same shall by him be kept in a conspicuous place near such gate or station.
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1. The words "of troops and military stores and equipages on their march or" were repealed by Sec. 3 of the Indian Tolls (Army) Act, 1901 (2 of 1901).
2. The words "the Provincial Government" were substituted for the words "His Excellency the Governor in Council" by the Adaptation of Indian Laws Order in Council.
3. The words "Official Gazette" were substituted for the words "Government Gazette", ibid.
4. The words "of either description" and the word "calendar" were repealed by the Bombay General Clauses Act, 1886 Bom 3 of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904(Bom. I of 1904).
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SECTION 09: COLLECTORS OF TOLLS MAY COMPOUND FOR TOLLS
Any person entrusted with the management of the collection of tolls under this Act may in his discretion compound for any period, not exceeding one year with any person for a certain sum to be paid by such person for-himself or for any vehicle or animal kept by him, in lieu of the rates of tolls I specified in the Schedule to this Act.
SECTION 10: POWER OF PROVINCIAL GOVERNMENT TO LEASE THE LEVY OF TOLLS
It shall be lawful for the 1[Provincial Government] to lease the levy of tolls at such rates not exceeding the rates mentioned in the Schedule annexed to this Act upon any public road or bridge by public auction or private contract from year to year or for a longer period not exceeding seven years on such terms and conditions as the 2[Provincial Government] may deem desirable:
Provided that the lessee shall give security for the due fulfilment of such conditions, and that all sums payable under the terms and conditions of the lease shall be recoverable as a demand for the land revenue under the law for the time being in force so far as applicable.]
SECTION 11: 1[ACTS OF LESSEE OR HIS AGENT
When the tolls on any public road have been duly leased, the lessee, and every person employed by the lessee as his agent for collecting the tolls, shall be deemed to be persons appointed to collect tolls under this Act, and shall exercise all the powers and be subject to all the responsibilities attaching to persons appointed to collect tolls under this Act.]
SECTION 12: 3[ [Application of tolls.] Rep. Bom I of 1884.
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1. Secs. 10 and 11 were inserted by Sec. 2 of the Tolls on Roads and Bridges Act (Amendment) Act, 1881 (Bom 5 of 1881).
2. The words "Provincial Government" were substituted for the word “Government" by the Adaptation of Indian Laws Order in Council.
3. Sec. 12 which is repealed by Sec. 2 and schedule to the Bombay Local Boards Act, 1884 Bom 1 of 1884), except in the City of Bombay, is as follows :-
"The net proceeds of the tolls and leases of tolls under this Act shall be applied wholly to the construction, repair and maintenance of roads and bridges within the Presidency of Bombay:
Provided that, the net proceeds of tolls and leases of tolls on roads or bridges constructed by or belonging to any local fund committee shall be applied to the construction and maintenance of roads or bridges in the district under the superintendence of such local fund committee."
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MAHARASHTRA TOLLS ON BRIDGES RULES, 1972
No. TOL. 1071-C.dated 24.1.72. - In exercise of the powers conferred by sub-section (1) of section 23 read with the proviso to sub-section (1) of section 20 and sub-section (3) of section 23 of the Bombay Motor Vehicles Tax Act, 1958 Bom LXV of 1958) and of a powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules; the same having been previously published as required by sub-section (1) of the said section 23 namely
RULE 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) These rules may be called the Maharashtra Tolls on Bridges Rules, 1972.
(2) They shall extend to the whole of the State of Maharashtra.
(3) They shall come into force on the 26th day of January, 1972.
RULE 02: DEFINITIONS
In these rules, unless the context otherwise requires
(a) "Act" means the Bombay Motor Vehicles Tax Act, 1958;
(b) "Form" means a form appended to these rules;
(c) "toll" means a toll leviable under the proviso to sub-section (1) of section 20 of the Act;
(d) "toll clerk" means any-person appointed by the State Government to -collect the toll;
(e) "toll station." means a place near a bridge including any approach road thereto where the toll is collected under these rules;
(f) "vehicles" means a motor vehicle or a trailer drawn by such vehicle in respect of which toll is leviable.
RULE 03: TOLL TABLES TO BE DISPLAYED AT TOLL STATIONS
At every toll station, a table of toll (either legible, written in hand or printed) showing the rate at which the toll shall be levied and the penalty for failure to pay the toll shall be displayed prominently in English, Hindi and Marathi.
RULE 04: PAYMENT OF TOLL
The toll shall be paid in cash at the- toll I station by the person driving a vehicle or in the control or possession of the vehicle on demand by the toll clerk.
RULE 05: RECEIPT TO BE GIVEN ON COLLECTING TOLL
A toll is collected, the toll clerk shall give a receipt in Form I to the person from whom the toll is collected.
RULE 06: PROCEDURE IN CASE OF NON-PAYMENT OF TOLL
If toll due is not paid on demand in respect of an vehicle, the toll clerk shall not allow such vehicle to pass over the bridge or, as the case may be the approach road thereto. All Police Officers shall be bound to assist the toll collectors when required, in the execution of these rules.
RULE 07: REGISTER OF TOLLS
Every toll clerk shall maintain an up-to-date register of tolls in Form II.
RULE 08: PENALTY FOR CONTRAVENTION OF RULES
Every person contravening the provisions of rule 4 shall, on conviction, be punishable with fine which may extend to two hundred rupees.
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