PUNJAB GOVT GAZ. (EXTRA.), JAN. 27, 1993 (MAGHA 7, 1914 SAKA)
PART !
DEPARTMENTOF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
Notification The 37th January, 1993 No 9-Leg/93.--The following Act of the Legislature of the State of Punja') received the assent of the Governor of Punjab on the th aauary, 1993, and is hereby published for general information: rHE PUNJAB MOTOR TRANSPORT VEHICLES (TOLL) ACT, 1992 (PUNJAB ACT NO. 9 OF 1993)
AN
ACT
31
to nrovide for the levy and collection of tolls on certain motor transport, vehicles entering the limits of the State of Punjab and for matters incidental thereto and connected therewith. BBit enacted by the Legislature of the State of Punjab in the Forty third Year of the Republic of India as follows :
1. () This Act may be called the Punjab Motor Transport Vehicles (Toll) Act, 1992.
(2) It shall come into force at once in whole of the State of Punjab.
2. In this Act, unless the context otherwise requires,
(a) "barrier" means a barrier established under Section 4 of this Act :
(6) "notor transport vehicle" means a stage carriage or a goods carriage or a public service vehicle or a contract carriage vehicle;
(c) *0perator means any person whose name is entered in the permit in respect ofa motor transport vehicle as the holder thereof and includes any person for the timne being incharge of the motor transport vehicle ;
(d) "prescribed" means prescribed by rules made under this Act;
(e) *toll" means the toll levicd under Section 3 :
() "Toll Tax Oficer" means such Officer, as the State Government may, by notification, appoint to be the Toll Tax Officer for the whole of the State of Punjab or for any area or arcas there of for the purposes of this Act ; and
(8) words and expressions used and not defined in this Act but defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988), shall have the respective mcanings assigned to them in that Act.
() There shall be levied and paid to the State Government a the every motor transport vehicle plying under a permit granted under e Motor Vehicles Act. 1988 (Central Act 59 of 1988) by an authority having Jurisdiction outsidc the State of Punjab, entering the limits of the State of Punjab, at such rate not exceeding thrce hundred rupees per motor
POot vehicle, as the State Government may, by notification specify :
Provided that different rates may be specified for different categories of motor transport vehicles :
Short title
and Com
mengsment.
Levy of toll,
PUNJAB GOVT GAZ. (EXTRA), JAN (MAGHA 7," 1914 SAKA) 3
™ PART 1
pEPARTMENT OF LEGAL AND LEGISLA fl S en 3 TIVE AFFAIRS,
7 leat in
[3] Tt January, 1993 No. 9-Lg/9% —The fol owing Act of fhe Legislature of the State of pyniah Teceive the assent of the Governor of Punjab on th a J nuary, 19 3, and is hereby published for general information: —
THE PUNJAB MOTOR TRANSPORT VEHICLES (TOLL) ACT, 1992
( NJAB ACT NO. 9 OF 1993)
AN
ACT
to provide for the levy and collection of tolls on certain motor trans vehicles entering the li its of the State of Punjab and for matters incidental t ereto and connected therewith. Beit enacted by the Legislature of t e State of Punjab in th - third Year of the Republic of I dia as f l s — atl isi
1. (I) This ct ay e al d Punjab Mot vehicies (oll) Act. 1992. n otor Transport
(2) It shall come into t ce hole f State of Punjab.
2. Inthis Act, l ss ntext otherwise requires,—
(a) "Det eans ar ier l ed er Section 4 of this ct ;
(b) "motor ra ort i l " ea stage carriage or a goods carriage or a l i l a contract carriage vehicle ;
(¢) "Operator" means any person am is e ered in the p it in re t of a otor transport vehicle as the holder thereof and includ any p so fo the time being incharge of the motor transport vc ;
(d) "p e b " m prescribed by rules made under this Act ;
(e) "to " m the to l levied un Section 3 ;
(f) "Toll Tax Officer" means such Offi as the State G n t
m by no c , app to be the Toll Tax Officer f or
the whole of the State of Punjab or for any area or areas there- of for the purpo of this A ; and
(2) wo ds and expression used and not defined in this Act b ut
defined in the M or V es Ac , 19 8 (Central Ac 59 of 1988 , shall have the respective meanin gs assigned
to them in that Act.
tol 3. (I) There - sha l be levied and paid to the State Government a
. i, every mo or transpo t vehicle plying under a permit granted under avi Lor Vehicles Act. 1988 (Central Act 59 of 1988 ) by an authority
ing jurisdiction o sicc the State of Pun ab, entering the limits of the — of Punjab, at such rate not exceeding tiree hundred ru pees per m or
port vehicle, as the State Government may, by notification specify :
of provided that different rates may be specified for diff rent categories otor transport vehicles :
Short title
and Com-
menecement,
Levy of toll.
1
Establish ment of barriers. Prohibition of entry without
paying
toll.
32 PUNJAB GOVT GAZ. (EXTRA.), JAN. 27, 1993
(MAGHA 7, 1914 SAKA)
Provided further that where the toll has been paid once in respect of the entry of a motor transport vehicle, no toll shall be levied for any subscquernt entry on the same day of such vehicle.
(2) The toll payable under sub-section (7), shall be paid by the operator of the motor transport vehicle.
4. For the purposes of collection of the toll levied under this Act, the State Government shall, by notification, establish barriers at such places on the State boundaries, as may be specified in the notification.
5. (1) No motor transport vehicle in respect of vehicle toll under section 3 is leviable, shall be allowed to enter or ply in the State of Punjab, unless the toll under this Act in respect thercof, has becn paid.
(2) The Toll Tax Officer shall have the power to prevent the entry or plying of such motor transport vehicle in contravention of the próvisions of sub-section (/).
6. (I) When so required by the Toll Tax Officer or any other person authorised by him in this behalf, the driver of a motor transport vehicle shall stop the vehicle whether at the barricr or any other place within the
State and keep it stationary fora reasonable period in order to enable the
Toll Tax Officer or the person authorised by him in this behalf to satisfy
himself that the toll, if payable, has been duly paid and that provisions
of this Act have been complicd with.
(2) When the Toll Tax Officer or the person authorised by him under sub-section (), has reason to believe, aftcr giving the driver of the motor transport vehicle a reasonable opportunity of being heard,
(a) that the toll has not been paid : or
(b) that any breach of the provisions of this Act has been committed:
he may detain the motor transport vehicle or any part or accessory thereof sufficient in his opinion for realisation of the maximum amount of penalty leviable under Section 7, until the toll is paid or cash security cquivalent to such amount is furnished.
(3) The things detained or the sccurity furnished in terms of the provisions of sub-scction (2), shall be dealt within such manner, as may be prescribed.
7. If the Toll Tax Officer is satisficd aftcr making such cnquiry. as he may deem necessary, that any person Jhas committcd a breach of any of the provisions of this Act, or the rules made thereunder, he may order that such person shall pay by way of penalty in addition to the tol, if any, payable by him, a sum, not excecding five hundred rup:es :
Provided that no such order slell be made unless suclh perSon
8. Any person aggrieved by an order under Section 7 may, within thirty days from the commu:ication of such order to him, prefer an appeal against such order to such appellate authority as may be pres cribed and the order of such appel'aie authority shall be final. has been given a rea sonable opportunity of being heard. Establish-
e
ers,
Prohibition
ry
without
l
Z. E RA.), N.
M 7 1 )
Provided further that where the toll has n ct the entry of a motor transport vehicle, no toll shall be levied for subsequent entry on the same day of hicle.
(2) Th toll pa l - cti n (I shall be paid by the operator of the ot r ran ort icle.
4. For the purposes collection h o le th ct the Stat Government shal , notification, establis b rr r places the State boundaries, specif n h notification.
5. I ot r transport vehicl n res ct vehi l osecti s leviable, al allow o t r n h njab, unle h h ct n ect thereof, has been paid.
(2) Toll Of i er all h er o pr nt th ply ot r ra ort i l n travention of the provisions o 7).
) he req i h ol Officer perso
aut ri d m behalf, h r a otor transport vehicle shall o h i l hether h rrier or any other place within the a ion a e able period in order to enable the Toll f i h on authorised by him in this behalf to satisfy himself t h ll, yable, y paid and that provisions ct plie with.
he h ol f i er he person authorised by him under
sub-secti n 1), o l e, e he driver of the motor
tran ort hicl able portunity d,—
h not ; or
isions of this Act has been
mit ;
a n ot ransp i l r y part or accessory thereof
ffi i nt i i l sation of the aximum amount of penalty
le er ect , until ll urity equivalent
ount is i ed.
security furnished in terms of the
visi ns b-secti n ), al ealt it i an er, as a be
r .
. Toll f i er t er aki such enquiry, as he may deem necessary, that r has mitted f any of the provisions of this Act, or the rules made thereunder, he a order that such person shall pay by wa of penalty in diti n toll, if any, payable by him. a sum, not exceeding five hundred rupees :
Provided that no such order shall be made unless such person has been given a reasonable opportunity of being heard.
8. Any person aggrieved by an order under Section 7 may, within thirty days from the commurication of such order to him. prefer appeal against such order to such appellate authority as may be pres- cribed and the order of such appel'ate authority shall be final.
2
PUNJAB GOVIT GAZ. (EXTRA.), JAN. 27, 1993
(MAGRA 7, 1914 SAKA)
9. (1) The toll under this Act shall be levied, paid and collected in such nanner, as may be prescribed.
33
(2) Without prejudice to the provisions of sub-section (1), any toll, penalty or other dues recoverable under this Act, if not paid within fifteen days of its becoming due, may be realised as arrears of land revenue.
10. The State Government may, by notification, subject to such conditions, if any, and for such petiod, as may be specified in the notifica tion, exempt any motor transport vehicle or any class of motor transport vehicles from the levy and payment of toll either wholly or partially.
11. Notwithstanding anything contained in this Act, where any reci procal agreement relating to levy, collection and payment of the toll is entered unto by the State Government with any other State Government,
or the Central Government, the levy, collection and payment of the toll
shall be in accordance with the terms and conditions of such agreement:
Provided that the toll so levied shall not exceed the toll which would
have otherwise been levied under the provisions of this Act.
12. No suit, prosecution or other legal proceedings shall lie against any person for anything which is donein good faith or purported or inten ded to be done in pursuance of the provisions of this Act or the rules made thereunder.
13. (I) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon as may be, after it is made, before the Houseof the State Legislature while it is in session
one session or in
for a total period of ten days, which may be comprisedin
two or more successive
sessions, and if, before the expiry of the session in
which it is so laid or the successive sessions aforesaid, the House agrees,in making any modification in the rule or the House agrees, that the rule,
should not be made, the rule shall thereafter have effect only in such modi fied form or be of no effect,as the case may be, so, however, that any such
modification or annulment shallbe without prejudice to the validityof anything previously done or omitted to be done under that rule.
14. () The Punjab Motor Transport ehicles (Toll) Ordinance, 1992 (Punjab Ordinance No. 7 of 1992), is hereby repealed.
(2) Not withstanding such repeal, anything done or any action taken under the Ordinance referted to in sub-section () shall be deemed to have been done or taken under this Act. A. S. GILL, Secretary to Governmentof
Punjab,
Department of Legal and Legislative
Affairs.
Manner of
levy, pay
ment and
collection
of toll.
Power of
State
Goyern
ment to
exempt
from toll.
Reciprooal
agreement.
Protection
of action
taken in
good fafth.
Power to
make rules.
Repeal and
saving.
PUNJAB GOVT GAZ . (EXTR (MAGHA 7, 1914 Sama: 27 1 93
5
9. (I) Thetoll under this A t . . H
Ch an, ur an Ac shall be levied paid and co lected in @ Without prejudice to the provisions of sub se o (7), any toll, pen y ore or ; ues recoverable under this Act, if no paid w h n fift en ays s becoming due, may be realised as arrears of land revenu
10. The State Government m by n c n, su to such conditions, if any, and for such period, as may be specified in the notifica- tion m any m transport ve e or any class of m transpo
vehicles from the levy and payment of toll either wholly or partially.
11. N t it s i an n contained n th s A t w any re - procal agreement relating to levy, collection and p y e t o the l is entered unto by the State e w h any o h S e G ent or the Central Government, the levy, collection n ent o the to shall be in accordance with the terms i on u eement :
Provided that the toll so evied s l h to i l
have otherwise been levied h i s h ct
12. No suit, prosecution or her e al di gs al e i st any person for anything which is n p r ort or inten- ded to be done in ursuance of the visi ns ct h a thereunder.
13. (I) t ove ent ay, notificati , m ake rules for
carrying out the r oses f ct.
(2) Every rule ade der is cti n al s ay be,
after it is ade, efore he ouse f tate egislature hile t session
for a total period of ten ays, hich ay e mprised one session or in
two or more s ccessive essions, if, ef r expiry f the session in
which it is so laid or t succes ive sessions fores aid, t e ouse agrees, in
making any odification in the rule or t e ouse agre s, t at t e rule,
should not be made, the rule shall t ereafter ave ef ect only i such modi-
fied form or be of no ef ect, as t e case may be, s o, however, t at any such
modification or annulment shall be without pr ejudice t t e validity of
anything previously done or omitted to be done under that rule.
14. (I) The Punjab Motor Transport Ve e (Toll ) Ordinance,
1992 (Punjab Ordinance No. 7 of 19 2), is hereby repealed.
(2) Notwiths anding such repeal, anything don e or any action t ken
under the Ordinance referred to in sub-section (J shall be deem ed to
have be n done or ta e under this Act.
A. S. GILL,
Secretary to Government of Punjab, Department of Legal and Legislative Af fairs.
Manaer of
levy, Pay-
ment and
collection
of toll.
Power of
State
Govern-
ment to
exempt
from toll.
Reciprocal
agreement.
Protection
of action
taken in
good faith.
Power to
make rules.
Repeal and
saving.
3