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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8, 2014
(PAUSA 18, 1935 SAKA)
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Short title and commencement.
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 8th January, 2014
No.2-Leg./2014.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 12th Day of December, 2013, is hereby published for general information:-
THE PUNJAB MECHANICAL VEHICLES (BRIDGES AND
ROADS TOLLS) (AMENDMENT) ACT, 2013
(Punjab Act No. 2 of 2014)
AN
ACT
further to amend the Punjab Mechanical Vehicles (Bridges and Roads Tolls) Act, 1998.
BE it enacted by the Legislature of the State of Punjab in the Sixty- fourth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Mechanical Vehicles (Bridges and Roads Tolls) (Amendment) Act, 2013.
(2) It shall be deemed to have come into force on and with effect from the 30th day of July 2013.
2. In the Punjab Mechanical Vehicles (Bridges and Roads Tolls) Act, 1998 (hereinafter referred to as the principal Act), in section 2,-
(a) for clause (c), the following clause shall be substituted, namely:-
"(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;";
Amendment in
section 2 of
Punjab Act 13
of 1998.
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8, 2014
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(b) for clause (cc), the following clause shall be substituted, namely:-
"(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;";
(c) in clause (cd), for the sign and word "; and", the sign ";" shall be substituted;
(d) after clause (ce), the following clauses shall be inserted, namely:-
"(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;";
(e) for clause (e), the following clause shall be substituted, namely:-
"(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) for clause (gg), the following clause shall be substituted, namely:-
"(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;";
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(g) in clause (i), for the sign "." appearing at the end, the sign and word
"; and" shall be substituted and thereafter, the following clause shall be added, namely:-
"(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.".
3. In the principal Act, in section 3, for sub-section (1), including the provisos thereto, the following sub-section shall be substituted, namely:-
"(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.".
4. In the principal Act, for section 4, the following section shall be substituted, namely:-
"4. (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,-
Amendment in
section 3 of
Punjab Act 13
of 1998.
Substitution of
section 4 of
Punjab Act 13
of 1998.
Power to lease
or authorize the
collection of
toll.
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8, 2014
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(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 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 ; or
(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.".
5. In the principal Act, in THE THIRD SCHEDULE, at the end of the table, the following shall be added, namely:-
"Note:- For a road project as defined under Section 2 of this Act, where both road and bridge(s) form a part thereof, the maximum rate of fee to be charged shall be determined as derived by adding the maximum fee for such road and bridge(s), as given in the above table.".
Amendment in
THE THIRD
SCHEDULE of Punjab Act 13 of 1998.
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6. (1) The Punjab Mechanical Vehicles (Bridges and Roads Tolls) (Amendment) Ordinance, 2013 (Punjab Ordinance No. 6 of 2013), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the principal Act, as amended by this Act.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. Repeal and
savings.
404/01-2014/Pb. Govt. Press, S.A.S. Nagar
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