The Himachal Pradesh Tolls (Second Amendment) Act, 2002

(1) This Act may be called the Himachal Pradesh Tolls (Second Amendment) Act, 2002. (2) It shall be deemed to have come into force on the 21st day of May, 2001.

In this Act, unless the context otherwise requires,- (a) “barrier” means a barrier established under section 6 of this Act; (aa) “Commissioner” means Excise and Taxation Commissioner, Himachal Pradesh; (a-b) “lessee” means a person to whom the lease of the right to collect toll has been granted under section 3-A; (a-c) “light mechanical vehicle” means a motor car or van or jeep or gypsy the unladen weight of which does not exceed 7500 kilograms; (b) “mechanical vehicle” means any laden or unladen vehicle designed to be driven under its own power including a motor vehicle as defined in clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988) but does not include a cart or bicycle; (c) “notification” means notification published under proper authority in the Official Gazette; (d) “Official Gazette” means the Rajpatra Himachal Pradesh; (d-a) “road infrastructure” means roads, tunnels, flyovers, bridges, underground roads, approach or link roads or by-passes and includes other services and facilities ancillary thereto; (d-b) “Schedule” means Schedule appended to this Act; (e) “State Government” or “Government” means the Government of Himachal Pradesh; (e-a) “tolling authority” means any person appointed by the State the State Government for the purpose of section 9-A; (e-b) “token” means proof of collection of toll at the rates specified in columns (4) and (5) of the Schedule; (f) “Toll Inspector” means the person authorised by the State Government to collect toll in respect of any mechanical vehicle passing over any road infrastructure and includes- (i) every Government servant posted at a barrier in connection with the collection of toll; and (ii) every lessee or the person employed by him as his agent for collection of toll under section 3-A.

(1) There shall be levied and paid to the State Government on every mechanical vehicle specified in column (2) of the Schedule-I to this Act, for the use of any road infrastructure, a toll at the rate specified against each mechanical vehicle in columns (3), (4) and (5) thereof. (2) The State Government may subject to the condition of previous publication, by notification add to or delete any class of vehicles from column (2) of the Schedule-I and amend the rate of tolls specified in columns (3), (4) and (5) thereof and thereupon the said Schedule-I, shall stand amended accordingly: Provided that the rate of toll shall not be increased at any one time by more than 100% of the rate specified in the Schedule-I. (2-A) Every notification issued under sub-section (2) shall, as soon as may be, after it is issued, be laid on the Table of the Legislative Assembly. (3) Every person in charge of mechanical vehicle for using any road infrastructure shall pay to the toll Inspector posted at the barrier the toll and shall obtain a receipt from him in token of having paid the amount specified therein. (4) The mechanical vehicle, which has paid toll under sub-section (3) at any barrier in the State, shall not be required to pay toll again while crossing any other barrier established under this Act within the period for which the toll is paid. (5) Daily receipt shall be valid for 24 hours and the period shall be counted from crossing the first barrier. (6) Quarterly token shall be valid for the quarter beginning with the 1st January, April, July and October of each year. (7)The annual token shall be valid for the financial year for which it is issued.

All persons appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Notwithstanding anything contained to the contrary in the Himachal Pradesh Tolls Act, 1975 (9 of 1975) (hereinafter referred to as the "principal Act"), levy, collection or payment of toll or any action taken or anything done or purporting to have been taken or done under the provisions of the principal Act, at any time on or after the 21st day of May, 2001 but before the publication of the Himachal Pradesh Tolls (Second Amendment) Act, 2002 (hereinafter referred to as the "said Act"), shall be deemed to be valid and effective as if such levy, collection or payment or any action or anything had been taken or done under the provisions of the said Act and accordingly- (i) the aforesaid toll levied, collected or paid or purporting to have been levied, collected or paid under the provisions of the principal Act, before the publication of the said Act shall and shall always be deemed to have been validly levied, collected or paid in accordance with the law ; (ii) no suit or other proceedings shall be maintained or continued in any court or before any authority for the refund of, and no enforcement shall made by any court or authority of any decree or order directing the refund of any such aforesaid toll which has been collected or paid ; (iii) recoveries, if any, shall be made in accordance with the provisions of the principal Act as amended by the said Act, of all amounts which would have been collected thereunder as such aforesaid toll if the said Act had been in force at all material times ; and (iv) any action taken or anything done (including any rule or order made, any barrier established or removed, notification issued or directions given) under the principal Act, before the publication of the said Act, shall and shall always be deemed to have been validly taken or done in accordance with the provisions of the principal Act, as amended by the said Act. (2) For the removal of doubts, it is hereby declared that- (a) Nothing in sub-section (1) shall be construed as preventing any person- (i) from questioning in accordance with the provisions of the said Act, the levy, collection or payment of the aforesaid toll; or (ii) from claiming refund of the aforesaid toll paid by him in excess of the amount due from him under the provisions of the principal Act as amended by the said Act; and (b) No act or omission on the part of any person, before the publication of the said Act, shall be punishable as an offence which would not have been so punishable if the said Act had not come into force.

The State Government may, from time to time, by notification in the Official Gazette, establish or remove barriers on any road infrastructure, for the purpose of this Act.

A table of the tolls authorised to be taken at any barrier shall be put in a conspicuous place near such barrier legibly written or printed in Hindi and English words and figures, to which shall be annexed, written or printed in like manner, a statement of penalties for refusing to pay the tolls and for taking unlawfully any toll.

All police officers shall be bound to assist the Toll Inspectors, when required, in the execution of this Act; and, for the purpose, shall have the same powers which they have in the exercise of their ordinary police duties.

In case of non-payment of such toll on demand, the person appointed to collect the same may detain the mechanical vehicle until the toll is paid.

The Assistant Excise and Taxation Commissioner or the Excise and Taxation Officer in-charge of the district either suo-moto or on an application shall, in the prescribed manner, refund to the lessee or any other person, with the prior approval of the Commissioner, any amount of lease money paid by such lessee or person under this Act, if the amount of lease money so paid is in excess of the amount due from him under this Act: Provided that refund shall only be allowed to the lessee in the event of any loss sustained on account of law and order situation, natural calamity or by acts of God or force majeure: Provided further that no refund under this section shall be allowed unless the claim for refund is made within a period of one year from the date on which such claim accrues.

Whosoever- (a) attempts to cross any barrier without compliance with the provisions of this Act, or (b) contravenes any other provision of this Act or the rules made thereunder or any order or direction made under any such provision or rule, shall be liable, on conviction, to a fine which may extend to two hundred rupees. (2) No magistrate shall take cognisance of any offence under this Act except on a complaint in writing, made by the Toll Inspector.

No suit, prosecution or other legal proceeding shall lie against any person, authorised to act by or under this Act, for anything done or purporting to have been made, in good faith, under this Act or the rules made thereunder.

(1) No toll shall be payable and charged on the vehicles specified in column (2) of the Schedule-II for the use of any road infrastructure, subject to the conditions and exceptions, if any, set out in column (3) thereof. (2) The State Government, after giving by notification not less than thirty days notice of its intention so to do, may by like notification, add to or delete any vehicle from the Schedule–II and thereupon the said Schedule-II shall be deemed to be amended accordingly. (3) Every notification issued under sub-section (2) shall, as soon as may be, after it is issued, be laid on the Table of the Legislative Assembly.

(1) The State Government may by notification in the Official Gazette, make rules consistent with this Act, for securing the levy and collection of toll and generally for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Himachal Pradesh while it is in session for a total period not less than fourteen days which may comprise in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Sr. No. Particulars of vehicles Rate of toll per day or part thereof Rate of toll per quarter of part thereof Rate of toll per year or part thereof 1. 2. 3. 4. 5. 1. Vehicle having loading capacity:; (a) Exceeding 90 quintals.; (b) Exceeding 20 but upto 90 quintals.; (c) Exceeding 10 but upto 20 quintals.; (d)Tractor plying with public carrier or private carrier permit 2[(except when used for agricultural purposes.)] Rs. 3[50.00; Rs. 40.00; Rs. 30.00; Rs. 30.00 20 times the rate as specified in Column (3); -do-; -do-; -do- 3 times the amount as specified in Column (4); -do-; -do-; -do- 2. Passenger vehicles having seating capacity of:; (a) above 12 passengers; (b) upto 12 passengers; (c) other light motor vehicles such as Rs. 50.00 Rs. 30.00 -do-; -do- -do-; -do- 1. SCHEDULE substituted vide H.P. Act No. 12 of 2001 and again the words “SCHEDULE-I” substituted for the word “SCHEDULE” vide H.P. Act No. 9 of 2003, effective from 1st April, 2003. 2. Added vide Notification No. EXN-F(21)4/2000, dated 29th May, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th May, 2002, pp. 539-541. 3. In column 3 the rates of toll specified against Sr. No. 1(a), (b), (c), (d), 2(a), (b), (c)(i), (ii), 3(a) substituted vide Notification No. EXN-F(21)4/2000, dated 29th May, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th May, 2005, pp. 539-540. jeep, car, pick-up van, station wagon: (i) Registered as Private Vehicle. Rs. 20.00 2[15 times the rate as -do- specified in Column (3)] (ii) Registered as private carrier. Rs. 30.00 3[20 times the rate as -do- specified in Column (3)] 1[(iii) The owners of private Rs. 30.00 Rs. 100.00 Rs. 300.00] registered vehicle residing within 5 kilometres radius of toll barrier. 3. (a) Motor Rickshaw and Rs. 10.00 5[20 times the 6[3 times Scooter Rickshaw. rate as the amount specified in as specified Column (3)] in Column (4)] 4[(b) XXXXXXXX] Note: - (i) For payment at rate specified under column (3) a receipt will be issued. (ii) For payments at rates specified under columns (4) and (5) a token in notified design will be issued and it shall be displayed on the vehicle. 1. Item No. (iii) inserted vide Notification No. EXN-F(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961. 4. Sub-item (b) omitted vide Notification No. EXN-F(21)4/2000, dated 29th May, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th May, 2002, pp. 539-540 6 Substituted for the words and sign “-do-” vide Notification No. EXNF(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961. 2. Substituted for the words and sign “-do-” vide Notification No. EXNF(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961. 3. Substituted for the words and sign “-do-” vide Notification No. EXNF(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961. 5. Substituted for the words and sign “-do-” vide Notification No. EXNF(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961.

Sl. No. Particulars. Conditions and Exceptions. 1. 2. 3. 1. The mechanical vehicles belonging to the President, Defence Services of the Union of India, Diplomatic Crops, the Himachal Pradesh Government, 2[Central Government and other States Government], Fire Tenders and the High Court of Himachal Pradesh ----- 2. The light mechanical vehicles belonging to the Vice-President, the Ministers, the Speaker and the Deputy Speaker ----- 3. The light mechanical vehicles belonging to the Members of parliament elected from Himachal Pradesh and the Members of the Himachal Pradesh Legislative Assembly ----- 4. The ambulances and the vehicles specially designed for use by physically handicapped person ----- 5. Motor cycles and Scooters; and ----- 6. Tractors. When used for agricultural purpose. ____________ 1. SCHEDULE-II added vide H.P. Act No. 9 of 2003, effective from 1st April, 2003. 2 Inserted vide Notification No. EXN-F(10)1/2005, dated 30th March, 2005, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2005, p. 4392. THE HIMACHAL PRADESH TOLLS (SECOND AMENDMENT) ACT, 2002 ARRANGEMENT OF SECTIONS Sections: 1. Short title and commencement. 2. Amendment of section 2. 3. Amendment of section 3. 4. Amendment of section 6. 5. Validation. 6. Repeal of Ordinance No. 1 of 2002 and savings. __________. THE HIMACHAL PRADESH TOLLS (SECOND AMENDMENT) ACT, 2002 (ACT NO. 16 OF 2002)1, (Received the assent of the Governor on the 9th October, 2002, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9th October, 2002, pp. 1987-1992. AN ACT further to amend the Himachal Pradesh Tolls Act, 1975 (Act No. 9 of 1975). BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-third Year of the Republic of India, as follows :- 1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Tolls (Second Amendment) Act, 2002. . (2) It shall be deemed to have come into force on the 21st day of May, 2001. [Sections 2 to 4 and 6 incorporated in the principal Act] 5. Validation.- Notwithstanding anything contained to the contrary in the Himachal Pradesh Tolls Act, 1975 (9 of 1975) (hereinafter referred to as the "principal Act"), levy, collection or payment of toll or any action taken or anything done or purporting to have been taken or done under the provisions of the principal Act, at any time on or after the 21st day of May, 2001 but before the publication of the Himachal Pradesh Tolls (Second Amendment) Act, 2002 (hereinafter referred to as the "said Act"), shall be deemed to be valid and effective as if such levy, collection or payment or any action or anything had been taken or done under the provisions of the said Act and accordingly- (i) the aforesaid toll levied, collected or paid or purporting to have been levied, collected or paid under the provisions of the 1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 29th August, 2002, pp. 1611 and 1616. principal Act, before the publication of the said Act shall and shall always be deemed to have been validly levied, collected or paid in accordance with the law ; (ii) no suit or other proceedings shall be maintained or continued in any court or before any authority for the refund of, and no enforcement shall made by any court or authority of any decree or order directing the refund of any such aforesaid toll which has been collected or paid ; (iii) recoveries, if any, shall be made in accordance with the provisions of the principal Act as amended by the said Act, of all amounts which would have been collected thereunder as such aforesaid toll if the said Act had been in force at all material times ; and (iv) any action taken or anything done (including any rule or order made, any barrier established or removed, notification issued or directions given) under the principal Act, before the publication of the said Act, shall and shall always be deemed to have been validly taken or done in accordance with the provisions of the principal Act, as amended by the said Act. (2) For the removal of doubts, it is hereby declared that- (a) Nothing in sub-section (1) shall be construed as preventing any person- (i) from questioning in accordance with the provisions of the said Act, the levy, collection or payment of the aforesaid toll; or (ii) from claiming refund of the aforesaid toll paid by him in excess of the amount due from him under the provisions of the principal Act as amended by the said Act; and (b) No act or omission on the part of any person, before the publication of the said Act, shall be punishable as an offence which would not have been so punishable if the said Act had not come into force. ______________