Himachal pradesh act 012 of 2001 : Himachal Pradesh Tolls (Amendment) Act, 2001

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Tolls (Amendment) Act, 2001.

Section 2. Amendment of Preamble

2. Amendment of Preamble.- In Preamble of the Himachal Pradesh Tolls Act, 1975 (9 of 1975) (hereinafter referred to as the "principal Act") for the words "crossing barriers", the words "passing over any road infrastructure" shall be substituted.

Section 3. Amendment of section 2

3. Amendment of section 2.- In section 2 of the principal Act,-

(a) in clause (b), for the brackets, figures, words and sign "(18) of section 2 of the Motor Vehicles Act, 1939 (4 of 1939)", the brackets, figures, words and sign "(28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988)" shall be substituted;

(b) after clause (d), the following shall be added, namely:-

"(d-a) "road infrastructure" means roads, tunnels, flyovers, bridges, underground roads, approach roads, any section of new roads or bye-passes which may, from time to time, be notified as such by the State Government;

(d-b) "Schedule" "means Schedule appended to this Act;";

(c) after clause (e), the following shall be added, namely:-

"(e-a) "tolling authority" means any person appointed by 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;"; and

(d) in clause (f), for the words "crossing, a barrier", the words "passing over any road infrastructure" shall be substituted.

Section 4. Amendment of section 3

4. Amendment of section 3.- In section 3 of the principal Act,-

(a) in sub-section (1), for the words "crossing a barrier", the words "passing over any road infrastructure" and for the words, bracket and figure "column (3)" the words, brackets, figures and sign "columns (3), (4) and (5)" respectively shall be substituted;

(b) for sub-section (2), the following shall be substituted, namely:-

"(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 and amend the rate of tolls specified in columns (3), (4) and (5) thereof and thereupon the said Schedule 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.

(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 Legislation Assembly.";

(c) in sub-section (3), for the words "crossing a barrier", the words "passing over any road infrastructure" shall be substituted;

(d) in sub-section (4), for the words and figure "within the period of 24 hours", the words "within the period for which the toll is paid" shall be substituted; and

(e) after sub-section (4), the following sub-sections shall be added, namely:-

"(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 of January, April, July and October of each year.

(7) The annual token shall be valid for the financial year for which it is issued.".

Section 5. Insertion of section 9-A

5. Insertion of section 9-A.- After section 9 of the principal Act, the following shall be inserted, namely:-

"9-A. Establishment of Mobile Squads.- (1) The State Government may, by notification, order the establishment of Mobile Squads for checking of the vehicles to ensure collection of the toll and prevent evasion and the Mobile Squads so established shall be under the charge of an officer of the Government who shall be a tolling authority under this Act.

(2) When so required by the tolling authority, the driver or the person-in-charge of the mechanical vehicle shall stop the mechanical vehicle and keep it stationary as long as may be necessary, and allow the tolling authority to examine receipt or token of payment of toll paid and the driver or the person-in-charge of such mechanical vehicle shall also furnish such other information as may be required by the tolling authority.

(3) The driver or person-in-charge of the mechanical vehicle shall keep in the vehicle the receipt of payment of toll at least upto 72 hours of last entry into the territory of the State of Himachal Pradesh and the token upto 15 days of its expiry, and on demand shall produce it to the tolling authority.

(4) If the driver or the person-in-charge of the mechanical vehicle fails to produce the receipt of payment of toll or token, as required under sub-section (3), then the tolling authority shall recover the toll at the place of inspection at the rate specified under column (3) of the Schedule:

Provided dial in addition, to the toll, the tolling authority shall recover a collection fee of equal to 4 times the rates specified under column (3) of the Schedule.

(5) Notwithstanding anything contained in sub-section (4), the tolling authority may also order detention of the mechanical vehicle, including the goods, if any, being earned therein, for such period as may reasonably be necessary and shall allow the same to proceed only after the driver or the person-in-charge of the mechanical vehicle making payment of the toll and the amount of collection fee imposed under this section or furnishing to his satisfaction a security or executing a bond with or without sureties for securing the amount of toll and collection fee.".

Section 6. Amendment of section 13

6. Amendment of section 13.- At the end of section 13 of the principal Act, the words and sign "Fire tenders, Ambulances and vehicle specially designed for use by physically handicapped person", shall be added.

Section 7. Substitution of the Schedule

7. Substitution of the Schedule.- For the Schedule of the principal Act, the following shall be substituted, namely:-

"SCHEDULE

(See section-3)

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.".