Schedule II

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. ______________