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THE KERALA TOLLS ACT, 1976
(Act 6 of 1977)
CONTENTS
PreambLe Seclwns
1. Short Litle, extent and commencement
2. Definitiom.
3. Levy of toll
4 Recovery of toll
5. Exemption G. AsJistance by police officer:
7. Power to compound tolls
8. Penalt1es
9. Exhib1t10n of t[\bk of tolls and statement< t penaltie~ l 0. Bar to proceedwgs
ll. Power to make rules
12. Establishment of Bridges an:l Roads Fund and 1ts utilisation .
13 Power to remove ddT.culue~
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THE KERALA TQLJ,S Aar, 1976* (Act 6 of 1971)
An Act to provtde for the levy if tolls m respect if certain brzdges in the Sf{l/.e of Kerala.
Preamble.- WHEREAS 1t is expl dient to J•rov1de for the !evy oi tolls in resptct of certa•n bridges in the State of Kerala ;
BE 1t enacted in the Twenty-seventh Year ol the Republic of India as follows:-
1. Short tzlle, extent and commencement.- (I) fhis Act may be called the Kerala Tolls Act, 1976 .
2. It extenrls to the whole of the State of Kerala.
3. It shall come into force on such date as the Government may, by notification m the '}az.ette, appoint.
2. Difzmtzons.-In this Act, unless the context otherwise requires,- ( a) "bridge" means any bridge on a highway, but does not include a bt idg·. the cost of c• nstruction of whi( h (including the cost of construc·ion of the approach road~ necessary f01 conmcting the b·1dge to the highway) ia less th,m fifteen lokhs rupees;
(b) "highway" means any road or way over which the public have a right of way. or are grantfd access, but doe~ not include any highway declared to be a national h1ghway under the National H1ghways Act, 1956 (Central Act 4B.of 1956) ;
(c) "motor vehicle" means any mechanically propelled vehicle adapted for use upon roads, whether the power of propuls on is transmuted thereto from any external or internal source, and inchtdes a chassis to which a body has not been attached ancl a tratler ;
• (d) "owner'" means, where the person in possession of a v• h1cle is a minor, the guardian of such minor and in relation to a vehicle which is the subject of a hire-purchase agreem('nt, the person in possession of the vrhicle under that agreement ;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "toll" means the toll levied under this Act.
3. Levy of toll -(I) Tht' GoveTnment may levy a toll on rvery motor vehicle entering a bri••ge constructt'd wholly or partly at the expenst> of the Government and declared open for traffic after the 1st day of January, 1976.
(2) The toll shall be levied at such rate and for such peri• •d as the Gov('rnment mav, by notificatton in the Gazette, declare to be necessary for the recovesy of tht' amoun1s exprnded upon sucn bridge by the Government, or such porthn th,.r ·of as m 'Y be decided by the Government, together with inte: e't at such rate as they may fix. ·
• Received the as~ent of the Gove·nor on lhe 23rd Januarv 1977 and published m the Kerala Gazette No. 49 dated 25th January, 1977
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(3) Th,. Government may place the cc.liection of th~ toll under the management of such person as m~y appear ~o them proper; and all persons employed in the management and collection of the to] I shall be liable to the same respomibdities as would belong to them lf employed in the collection of ba,ic tax.
Explanatwn.-In this sub-section, 'basic tax• means the b.1sic tax p.syable under the Kerala Land Tax Act, 1961 (13 of 1961).
(4) The Government may farm out the collection of the toll and m such a ca~e the farmer and his a~ents and servants shall be deemed to be persons appointed to collect the toll under this Act.
4 Recovery of foll.-(1) Where any toll is not paid on demand, the officer appointed to collect the same ~hall seize any motor vehicle on which it is chargeable or any goods earned by such motor vehicle and if the toll re- mains Ul•Daid tor twenty-four hours with the cost arising from such seizure, the case shall be brought before an officer appointed by the Government by notification in l he ~ azett~ to superintend the collection of the toll.
(2) Wf;:r(' a case is brought bef~re an officer under ·~~b-sectton (1), he m y se II the property se1zed for discharge of the toll and all expenses occa- sioned by ~uch non-paymmt, seizure and sale of the prop:.:rty in public auctJOn, and any balance that may remain after such discharge shall be returned •m demand to the owner of the mc.tor vehicle or goods, as the case may be:
Provtded that if at any time before the sale has actu~lly begun, the per, on whose property has been seized tenders the amount ol all the expens~s in· urred and double the toll payable oy h•m, the property seized shall forth- with be released. ·
5. Exemptzon.-No toll shall be payable for the passage of any motor vehicle belonging to the Government of Kerala or the Government of lndta.
6. Asszstance by police offrcers.-Ail police officers shall be bound toas~ist the toll coli! c•ors, whm reqUJred, in the execution of thts Act, and•for that purpose shall havr the san c power whtch they h:~.ve in the exercise of their ordinary pol.ce duties. .
7. Power to compound tol!s.-Any pe·~on entrusted with the mdnagement and coJlecrion of the toll mc~.y compound f,-.r any 1 enod not exceeding one year wtth any Person fur a cerlatn ~urn to b;: paid by ~uch person for him~elf or for any motor vehicle kept by him, 1 • lieu ,.f tht ra!es of t Jll auttori ed to be levied under thic; Act, <~nbJeCt ro su<-h cond•tlonsand restrictions as may be prescnbcd.
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8. Pmalties.--( I) Every person, other than any person appointed to . collect toll, who levies or demanrls any roll on any br,dge shall, on conv.cti 1n by a M tgistrate,be liable to rmpri;onment for a term w·uch m ty cxre11d to six months, or with fine which may extend tn two hundred rupees, or w1th both.
(2) E"ery per3on who unlawiullv dernandi or rakes any other or higher toll than the l
(3) Whoever-
(a) attempts to cross any bridge without paying the toll payable by him under this Act; or
(b) obstructs any officer or other person in the discharge of his duties imposed by or under this Act,
shall on conviction by a Magistrate, be liable to a fine which rna} extend to one hundred rupees. '
(4) No Magistrate shall take cognisance of any offence under thia Act except on a com ,taint in writing m1.1de by an officer authorised by the Government in th1s behalf.
9. Exhibition of table of tolls and statement of penalties.-A table of the tolls authorised to be t.,ken in re~pect ol a brrdge shall be put up m a con- spicuous place ncar the entrance 10 such bridge legibly writtt nor prmted in English words .:nd figures and also m thme of the regional language.
10. Bar to proceedzngs.-No ~uit, prosecution or other l .. gal proceeding ahall lie against any officer or other person for anything which is in good faith done or intended to be done unJer this Ac:t . . 11 . Power to make rules.-( 1) The Government may, by notification in the Gazette, make rules for the purpose of carrying mto effect the provi- sions of this Act.
(2) In particular, and without prejudice to the generality of the fore- going power, such rules may provide for-
(a) determination of the rate of levy of the toll;
(b) method of collection of the toll;
(c) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it h made, beLre the Legislative Assembly for a period of fourteen days which may be comprised in one session or in two successive sessions andif before the expiry of the session in wh rch it is so laid rr the session immediatdy following, the Legislative Assembly makes any modification in the rule or 34/430JB.
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d~cides tnat'the rule should not be inade, tht rule' shall thereafter have effect only in such modtfied fohri or be of no effect, ' 8 the case may be; so however that any such modificatiOn or annulment shall be Without prejudtce to the validity ( f anything previously done under that rule.
12 Establtsh".ent of Bridges and Roads Fund and lts uti/ isahon.-( l) On the rommenceinent of this Act, there shall b¢ establislied a fund to be called the Kerala State Bridges and Roads Fund (hereinafter in th1s section referred to as the Bridges and Roads Fund).
(2; The proceeds of the toll levied and collected under this Act together with the fines, interest and fees recovered thereundet shall first be credited to tht> Consolidated Fund of tl e Statt" and, after deducting the expenses of collection and recovery as determined by the Government, the remaming amount shall, under appropriation duly made by law in this behalf, be entered mto and transferred to the Bndges and Roads Fund.
(3) Any amount transferred lo the Bridges and Roads Fund shall be charged on the Consolidated Fund of the State. . ( 4) No sum shall b€. paid or applied from and otit of 'the Bridges and Roads Fund except m the manner and for the purpose pt ovided in sub- sections (5) and (6). \
(5) The amount stmding to the credit of the Bridges and Roads Fund shall be expended in such manner and subject to such conditions as may be prescribed for the purpose of constructing bridges and roads.
(6) The Bridges and Roads Fund shall be held and administered on behalf of the Government by the Chief Engineer in charge of roads and bridges in the State subject to such general or special d1rection as may be given by the Government from time to time.
. 13 Powe1 to remove difficulttes.-If any difficulty arises in giving effect to the provi~io•·s of this Act, the Governmen•, may, as occasion mJ.y require by order do anythmg, not incorsisi:cnt With the provisiOns of thts Act, v.hich appears to them necessary tor the purpose of removing the difficulty. •
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