The Punjab Mechanical Vehicle (PMV) Act

GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS THE PUNJAB MECHANICAL VEHICLES (BRIDGES AND ROADS TOLLS) ACT, 1998 (PUNJAB ACT 13 OF 1998) (As amended upto the 30th June, 2025)

Sections CONTENTS

(1) This Act may be called the Punjab Mechanical Vehicles (Bridges and Roads Tolls) Act, 1998. (2) It shall come into force at once.

In this Act unless the context otherwise requires, - (a) "appellate authority" means a Superintending Engineer, Department of Public Works (Building and Roads Branch) in whose jurisdiction the bridge or the roads falls; (b) "authority" means an Executive Engineer, Department of Public Works (Building and Roads Branch) in whose jurisdiction the bridge or the road falls; (c) "bridge" means a permanent or temporary bridge or road over-bridge or road under-bridge or flyover or elevated road or vehicular under pass or ferry services, specified in the First Schedule, and shall include such other permanent or temporary bridge or road over-bridge or road under-bridge or flyover or elevated road or vehicular under pass or ferry services as notified by the State Government in this behalf, from time to time; (ca) “bypass” means a road constructed around a city or town for facilitating the movement of traffic; (cb) “concession” includes any right or interest granted to a concessionaire in relation to any aspect of a road project, as well as any subsidy, subvention, grant or other similar financial incentive granted by the State Government to secure the viability and commercial efficacy of a road project; (cc) “concessionaire” means a person, who is selected and awarded a concession for financing, development, construction, operation and maintenance or only for operation and maintenance of a road project under any law for the time being in force; (cd) “concession agreement" means any of the contracts executed between the State Government and a concessionaire for the purposes of granting a concession for private participation in a road project under any law for the time being in force; (ce) "concession fee" means the sum of money required to be paid by the concessionaire to the State Government or the Punjab Roads and Bridges Development Board, established under section 3 of the Punjab Roads and Bridges Development Board Act, 1998, as the case may be, in consideration of grant of a concession for undertaking a road project; (cf) “contract agreement” means any contract executed between the State Government and a contractor for the purpose of levy and collection of toll in a road project under any law for the time being in force; (cg) “contractor” means a person who is selected and awarded a contract for levy and collection of toll on a road project constructed, developed, operated and/or maintained by the State Government or under any private funded project, under any law for the time being in force; (ch) "elevated road" means any section of road raised above ground level through support of piers, solid fill or columns, including its approaches, as notified by the State Government in this behalf, from time to time; and (ci) "flyover" means any section of road raised above ground level that crosses over a road/ rail/ building/ street/ any man made structure, including its approaches, as notified by the State Government in this behalf, from time to time; (d) "Fee Inspector" means an officer of the State Government authorised by the authority to collect the toll; (dd) 'lease' includes any grant or award of any right, privilege, interest, financial incentive, benefit, subsidy or subvention granted by the State Government to any person to secure participation in or in connection with the development, construction, repair, renovation, expansion, alteration, replacement, operation or maintenance of a road project or any other activity incidental thereto, in the form of or contained in or forming part of any lease, concession or management contract entered into in connection therewith; (e) "mechanical vehicle" means any laden or unladen vehicle designed to be driven under its own power including a motor vehicle as defined in the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988); (f) "National Highway" means a National Highway specified in the Schedule appended to the National Highways Act, 1956 (Central Act No. 48 of 1956); (ff) 'private participation' means the participation in development, maintenance or operation of road projects by any person other than the State Government or public body, as may be permitted by the State Government from time to time; (g) "road" means a road or section of road or by-pass other than a national highway, specified in the Second Schedule and shall include such other road or section of the road or by-pass, as may from time to time, be notified by the State Government in this behalf; (gg) “road project” means a project, which may involve development, construction, repair, renovation, expansion, alteration, replacement, maintenance or operation of any road and/or bridge; (ggg) “road overbridge” means a road overbridge that crosses above a railway track as specified in the First Schedule and shall include such road overbridges as may, from time to time, be notified as such by the State Government; (gggg) “road under-bridge” means a road under-bridge that crosses under a railway track, and which is notified as such by the State Government; (h) "Schedule" means a Schedule appended to this Act; (i) "State Government" means the Government of State of Punjab; and (j) “vehicular under-pass” means a road under vehicular crossing that crosses under a road, bypass and as notified by the State Government in this behalf, from time to time.

(1) There shall be levied and paid to the State Government on every mechanical vehicle using a road project, a toll at such rate as may be notified, for each mechanical vehicle by the State Government from time to time, but not exceeding the maximum rates as specified in the Third Schedule. The State Government may, notify different rates of toll for roads, bypasses, bridges, flyovers, elevated roads, vehicular under-passes, road over-bridges or road under-bridges: Provided that if in the opinion of the State Government, it is necessary or expedient to revise the maximum rates, specified in the Third Schedule, the same may be revised by notification: Provided further that no toll shall be levied on vehicles of armed forces and such other mechanical vehicles or class of mechanical vehicles or any class of persons or individuals, as the State Government may, by general or special order, exempt from the levy or payment of the toll: Provided further that without prejudice to the liability of a person under the Motor Vehicles Act, 1988 (Central Act No.59 of 1988), the State Government may, by notification, levy an additional toll, not exceeding the toll of the double amount, payable on any goods vehicle, carrying more than the permissible weight under that Act. (2) Every person in-charge of mechanical vehicle shall, before crossing the bridge or using the road, as the case may be, pay to the Fee Inspector posted at the entry point, the toll and shall not cross the bridge or use the road, as the case may be, without obtaining a receipt in token of having paid the amount of toll. (3) Such receipt shall be shown to the Fee Inspector on demand posted at the other entry point of the bridge or the road, as the case may be.

(1) Without prejudice to the provisions of section 3 of this Act, it shall be lawful for the State Government to lease the collection of toll on a bridge or road or road project to authorize for such collection, - (i) to any person by invitation of bids for a period, as decided by the State Government, where such road project was constructed, developed, operated and/or maintained by the State Government or under any private funded project and deposit of agreed amount with the authority under the contract agreement or to be paid an amount out of total collection, as may be agreed upon under the aforesaid agreement; or (ii) to a person, who invested his own money for construction, development, operation and maintenance (1) (iii) to a person, who invested his own money for operation and maintenance of such road project for the agreed period and at the agreed rate under the concession agreement and in such a case, the lessee will retain the amount of toll, collected to the extent, as agreed upon under the aforesaid agreement. (2) Where the collection of toll has been leased under sub-section (1), any person employed by the lessee shall, subject to the conditions of lease, exercise the powers and perform the duties conferred and imposed on the Fee Inspector under this Act or the rules made thereunder. (3) The lessee and all the persons employed by him in the management and collection of toll shall be bound by the orders made by the authority: Provided that any order, which affects the terms and conditions of a concession agreement or contract agreement, as the case may be, shall be made with the prior approval of the State Government.

(1) A person driving the mechanical vehicle shall cause the vehicle to stop when required to do so by the Fee Inspector to enable him to carry out duties imposed on him by or under this Act. (2) The Fee Inspector shall perform such other duties as are specified in the rules made under this Act for carrying out the purposes of this Act.

(1) Whoever - (a) attempts to cross the bridge or use the road without complying with the provisions of this Act; (b) obstructs or attempts to obstruct the Fee Inspector in the discharge of his duties imposed by or under this Act; (c) contravenes or attempts to contravene any provision of this Act or the rules made thereunder or any order or direction made under such provisions or rules; or (d) fails to pay the toll; shall be liable on conviction to a fine which may extend to three thousand rupees: Provided that if a person pays the amount of toll and penalty equal to the toll on demand by the Fee Inspector or the concessionaire, as the case may be, he shall not be liable for conviction. (2) No Magistrate shall take cognizance of any offence under this Act except on a complaint, in writing, made by the Fee Inspector.

Any person aggrieved in connection with the collection of toll may lodge a complaint to the authority who shall, after giving a reasonable opportunity of being heard to the complainant, pass such orders as it may deem fit in the matter within fifteen days from the date of lodging the complaint: Provided that any order which affects the terms and conditions of a concession agreement, shall be issued with the prior approval of the State Government.

(1) Any person aggrieved by an order passed under section 7 of this Act may, within thirty days of the communication of that order, appeal to the appellate authority. (2) The appellate authority may, after giving reasonable opportunity of being heard to the appellant and the authority, pass such an order either rejecting the appeal or accepting the appeal, as in the circumstances of the case it may deem fit. (3) The decision of the appellate authority on the appeal shall be final and shall not be questioned in any court excepting the High Court of competent jurisdiction.

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

No civil court shall have jurisdiction in any matter which the State Government or any other person or authority is empowered by this Act or the rules made thereunder to dispose of or take cognizance of, and regarding the manner in which the State Government or such person or authority exercises any power vested in it or him by or under this Act or the rules made thereunder.

The State Government may, by notification, make rules, consistent with this Act, for securing the levy and collection of toll and generally for carrying out the purposes of this Act.