THE HIMACHAL PRADESH MECHANICAL VEHICLES (BRIDGE
TOLLS) ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Rate of toll and its payment.
4. Power of Toll Inspector.
5. Offences and penalties.
6. Bar to proceedings.
7. Exclusion of jurisdiction of Civil Courts.
8. Power to make rules.
9. Repeal and savings. _________
THE HIMACHAL PRADESH MECHANICAL VEHICLES (BRIDGE
TOLLS) ACT, 1968
(ACT NO. 20 OF 1969)1
(Received the assent of the President on the 7thJune, 1969, and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 26th July, 1969, pp. 719-721).
An Act to provide for the levy and collection of tolls on mechanical vehicles crossing certain bridges in Himachal Pradesh. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Nineteenth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Mechanical Vehicles (Bridge Tolls) Act, 1968.
(2) It shall extend to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "bridge" means a bridge specified in the first schedule annexed to this Act and such other bridge as may, from time to time, be notified by the State Government in this behalf ;
(b) "mechanical vehicle" means any laden or unladen vehicle designed to be driven under its own power including a motor vehicle as defined in clause (18) of section 2 of the Motor
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2 THE HIMACHAL PRADESH MECHANICAL VEHICLES (BRIDGE TOLLS) ACT, 1968
Vehicles Act, 1939 (4 of 1939), but does not include a cart or a bicycle ;
(c) "notification" means notification published under proper authority in the Official Gazette ;
(d) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(e) "State Government" or "Government" means the Government of Himachal Pradesh; and
(f) "Toll Inspector" means the person authorised by the State Government to collect toll in respect of any mechanical vehicle crossing a bridge, and includes every Government servant posted at a bridge in connection with the collection of toll.
3. Rate of toll and its payment.- (1) There shall be levied and paid to the State Government on every mechanical vehicle specified in column 2 of the second schedule to this Act, crossing a bridge, a toll at the rate specified against each mechanical vehicle in column 3 thereof:
Provided that no toll shall be levied on mechanical vehicles or class of mechanical vehicles as the State Government may, by general or special order, exempt from such levy.
(2) The Government shall have the power to amend, by notification, the second schedule. Such amendment shall, as soon as may be after it is made, be placed before the Legislative Assembly.
(3) Every person in charge of a mechanical vehicle shall, for crossing a bridge, pay to the Toll Inspector posted at the bridge, the toll and shall obtain a receipt from him in token of having paid the amount thereof.
(4) Such receipt shall be shown to the Toll Inspector posted at the other end of the bridge.
(5) In case of personal vehicles like cars, scooters and motor cycles, used for non-commercial purposes, the Government may accept lump sum in lieu of the toll chargeable in the manner prescribed.
4. Power of Toll Inspector.- The driver of a mechanical vehicle shall cause the vehicle to stop when required to do so by the Toll Inspector to enable him to carry out any duties imposed on him by or under this Act.
5. Offences and penalties. (1) Whosoever,-
(a) attempts to cross any bridge without complying with the provisions of this Act, or
(b) obstructs the Toll Inspector in the discharge of his duties imposed by or under this Act, or
(c) contravenes any other provisions of this Act or the rules made thereunder or any order or direction made under any such provision or rule,
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THE HIMACHAL PRADESH MECHANICAL VEHICLES (BRIDGE TOLLS) ACT, 1968 3
shall be liable, on conviction, to a fine which may extend to fifty rupees.
(2) No Magistrate shall take cognizance of any offence under this Act except on a complaint, in writing, made by the Toll Inspector.
6. Bar to proceedings.- No suit, prosecution or other legal proceeding shall lie against any person, authorised to act by or under this Act, for anything done, or purporting to have been done, in good faith, under this Act or the rules made thereunder.
7. Exclusion of jurisdiction of Civil Courts.- No Civil Court shall have jurisdiction in any matter which the State Government, or other person or authority, is empowered under 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.
8. Power to make rules.- (1) 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.
(2) The rules under sub-section (1) shall, as soon as may be after they are made, be placed before the Legislative Assembly.
9. Repeal and Savings.- The Punjab Mechanical Vehicles (Bridge Tolls) Act, 1957 (1 of 1958), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Reorganisation act, 1966, (31 of 1966), is hereby repealed :
Provided that anything done or any action taken or any proceedings commenced or continued under the said Act, shall be deemed to have been done, taken, commenced or continued under the corresponding provision of this Act.
THE FIRST SCHEDULE
[(See rule 2(a)]
1 [XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
SECOND SCHEDULE
(See section 3)
RATES OF TOLL
2 [XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
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1. Items No. 1 to 44 of the First Schedule deleted vide Notification No. PBW (B&R) (B) 3(4)-11/98, dated 28thMarch, 2001, published in Rajpatra, Himachal Pradesh Extra-ordinary) dated, 28thMarch, 2001, p. 6070.
2. Items No. 1 to 5 deleted vide Notification No. PBW (B&R) (B) 3(4)-11/98, dated 28thMarch, 2001, published in Rajpatra, Himachal Pradesh (Extra-ordinary) dated 28thMarch, 2001, p. 6070.
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