Punjab act 002 of 2014 : The Punjab Mechanical Vehicles (Bridges and Roads Tolls) (Amendment) Act, 2013.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8, 2014

(PAUSA 18, 1935 SAKA)

Punjab

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 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)

3

AN

ACT

further to amend the Punjab Mechanical Vehicles (Bridges and Rouds

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 clevated road or vehicular under pass or ferry

services as notified by the State Government in this behalf,

from time to time;";

Short title and

Commencement.

Amendment in

section 2 of

Punjab ACt 13

of 1998.

PUN AB OVT. GA (EXT ) JANUARY 8,2014 3

(PAUSA 18, 1935 SAK

PART I

GOVERNMENT OF PUNJAB

DEPARTM OF LEGA AND LEG SL A I S, PUN AB

N FICATION

The 8th January, 2014

SE I

No.2-Leg./2014.-The following Act of the L i o the S a e o Punjab rece v the ass o the G er r o P the 12 h D o December, 2013, is hereby published for g r l info ati n:-

HE U AB CAL CLES BRIDGES

OADS S) AM ENT) , 2

(Punjab . 2

further to amend the Punjab Mechanical ehicles Br es a Tolls) Act, 1998.

BE it enacted by the egislature h t t nj n i ty- fourth Year of the Republic of India as follows:-

1. (1) This ct a l unjab echanical Vehicles (Bridges and Roads Tolls) endment) Act, 2013.

(2) It shall e e t it effect from the 30th day of July 2013.

2. Inthe Punjab Mechanical Vehicles ri ges oads olls) ct, 1998 (hereinafter referred to as the principal Act), in ecti n 2,-

(a) for clause (c), the f l ing cl use shal be substituted, namely:-

"(c) "bridge" means a permanent or t porary bri ge or r ad over-bridge or r ad under-bridge or fl over or elevated r ad

or vehicular under pas or fer y services, specified in the

First Schedule, and shall i clude such other permanent or

temporary bridge or road over-bridge or road under-bridge or

flyover or clevated road or vehicular under pas or fe r y

services as notified by the State Government in this behalf,

fr ti e to time;";

-

Short title and

commencement.

Amendment in

section 2 of

Punjab Act 13

of 1998,

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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8, 2014

(PAUSA 18, 1935 SAKA)

(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:

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"(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);";

) 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:";

VT. GAZ. (EXTRA). JANUARY 8.2014 4

(PAUS A)

(bh) forclause (cc), the following claus s al bstituted, namely :-

"(ce)"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;";

(¢) n clause (cd), for the sign and or "; d", *;" al substituted;

(d) after clause (ce), the following clauses shall be inserted, namely :-

"(cf) "contract agreement" means any contract executed between the State overnment 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 ntract for levy and collection of toll on a road project nstructed, el ped, erat / r aintai ed h

t t overnment or under any private funded project, under aw h im n ;

(ch) "elevated ea s of

level h o port of piers, fill ns, n g

r aches, as ti h t t over ent n

behalf, rom im o ime;

(ci) y er" eans o r l

t s r a d/ il/ uil i g/ et/ a a

ture, n i r aches, ti t

over ent n half, rom im me;";

(e) o , h low all bstituted, y:-

"(e) echanical vehicle" eans a hicl

o er its er ncluding a motor hicl n h otor ehicles ct, entral Act No. 8)";

(f) ), owi al bstituted, :-

" )" d j t" eans roject, h i h ay involve

el ment, nstruction, air, vation, ansion, ti n, ent, aint ance erati n of y d/or r ge;";

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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8, 2014

(PAUSA 18, 1935 SAKA)

(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:

3.

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In the principal Act, in section 3, for sub-section (), including the Amendment in provisos thereto, the following sub-section shall be substituted, namely:

"G) "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.".

4.

"(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 maximumn 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.".

In the principal Act, for section 4, the following section shall be Substitution of substituted, namely:

"4. () 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,

Power to lease

or authorize the

collection of

toll.

section 3 of

Punjab Act 13

of 1998.

section 4 of

Punjab Act 13

of 1998.

J B GOVT. AZ. TRA), RY . 14 5

1935 KA)

(g) inclause (i), for the sign "." appearing at the end, the sign and word

"; and" shall be substituted and thereafter, the following clause shall ded, namely:-

"(j) " ehicular 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.".

. t rincipal Act, in section 3, for sub-section (7), including the Amendment in on

unj ct 3

" ) here shall levied and paid to the State Government on every of 1998. echanical vehicle using a road project, a toll at such rate as may otified, for each mechanical vehicle by the State Government om me o time, but not exceeding the maximum rates as specified hird chedule. The State Government may, notify different rates of toll for roads, bypasses, bridges, flyovers, elevated roads, hicular der-pas es, er-bridges r road under-bridges:

rovisos ereto, he following sub-section shall be substituted, namely:-

Provided that if in h i h t overnment, it is

necessary or ex edient o i h mum s, cified in

the Third Schedule, h m oti ti n:

Provided further that no toll s all e i l o

armed forces and such other mechanical v es ass

mechanical vehicles s n i i uals, as the

State Government ay, eral cial er, pt from

h ev payment of toll:

Provided further that wi ut i o h ia i a

person under the Motor Vehicles Act, Central o.

8), h ver ent a , ti ti n, ev a i i

onal

toll, not exceeding th o h l ount, able

on any

goods vehicle, carrying mor han h is ible ei t

h ct "

4. In h i al ct, o s o 4, the following section shall be Substitution of

substituted, namely:-

sec ion 4

P A 13

" , (1) Wit ut p i to the p i s t n 3 o th Ac t it o 1

owerto leas shall be lawful for the S e ent to lea the or authorize the . :

.

toll on a bridge or road or road projec colention of c l cti project to

to l. a fo such ll ction,-

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(i)

PUNJAB GOVT. GAZ. (EXTRA), JANUARY8, 2014⁶

(PAUSA 18, 1935 SAKA)

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

(i) 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 agréed 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 (), 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:

5.

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.".

In the principal Act, in THE THIRD SCHEDULE, at the end of Amendment in

the table, the following shall be added, namnely:

THE THIRD

SCHEDULE of

"Note:-For a road project as defined under Section 2 of this Act, where Punjab Act 13 both road and bridge(s) form a part thereof,^the

maximum rate of fee to of 1998.

be charged shall be determined as derived by adding the

maximum^fee

for such road and bridge(s), as given in the above

table.".

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8,2014 6

PAU 1 )

(1) 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 agréed rate under the concession eem n h e will a n h unt

toll, collected to the extent, as agreed upon under the aforesaid eem ;

a n, n on erat

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 th ount of tol , l o h t nt, agreed upon under the resaid ent.

(2) her the l t on of toll e er -secti n /), any person ployed by the essee al , ject o h nditi ns of lease, ercise h ers uti s ferr d

m os ector er ct a

nder.

(3) all s pl yed m in the anagement l t n l al ers a

authority:

r vi ed t rder, hi cts ms nditi ns ces ent ntr ct ent,

a e, al ade it ri r ap roval t t over ment."

. In principal ct, I EDULE, t t of Amendment in tt i dded, namely:- 1¢ table, the following shall be a y | | Son

" ote:- or a roject f der Secti 2 of this Act, wher Punj Act 13 both oad d ri ge(s) m art reof, a t °' 199

8.

be ar ed al t ined er d i g ax for such road and ridge(s), i ve ble.".

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PUNJAB GOVT. GAZ. (EXTRA), JANUARY 8,2014

(PAUSA 18, 1935 SAKA)

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