The Himachal Pradesh Tolls Act, 1975

1. Short title, extent and commencement.- (1) This Act may be called the Himachal Pradesh Tolls Act, 1975. (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) “barrier” means a barrier established under section 6 of this Act; 1[(aa) “Commissioner” means Excise and Taxation Commissioner, Himachal Pradesh; (a-b) “lessee” means a person to whom the lease of the right to collect toll has been granted under section 3-A;] 2(a-c) “light mechanical vehicle” means a motor car or van or jeep or gypsy the unladen weight of which does not exceed 7500 kilograms; (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 3[(28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988)] but does not include a cart or bicycle; (c) “notification” means notification published under proper authority in the Official Gazette; (d) “Official Gazette” means the Rajpatra Himachal Pradesh; 4[(d-a) “road infrastructure” means roads, tunnels, flyovers, bridges, underground roads, approach or link roads or by-passes and includes other services and facilities ancillary thereto; (d-b) “Schedule” means Schedule appended to this Act;] (e) “State Government” or “Government” means the Government of Himachal Pradesh; 5[(e-a) “tolling authority” means any person appointed by the State the State Government for the purpose of section 9-A; (e-b) “token” means proof of collection of toll at the rates specified in columns (4) and (5) of the Schedule; ] (f) “Toll Inspector” means the person authorised by the State Government to collect toll in respect of any mechanical vehicle 1[passing over any road infrastructure] and includes 2[,- (i) every Government servant posted at a barrier in connection with the collection of toll; and (ii) every lessee or the person employed by him as his agent for collection of toll under section 3-A.]

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 3[Schedule-I] to this Act, 4{5[for the use of] any road infrastructure}, a toll toll at the rate specified against each mechanical vehicle in 6[columns (3), (4) and (5)] thereof. 7[(2) The State Government may subject to the condition of previous publication, by notification add to or delete any class of vehicles from column (2) of the 8[Schedule-I] and amend the rate of tolls specified in columns (3), (4) and (5) thereof and thereupon the said 9[Schedule-I], shall stand amended accordingly: Provided that the rate of toll shall not be increased at any one time by more than 100% of the rate specified in the 10[Schedule-I]. (2-A) Every notification issued under sub-section (2) shall, as soon as may be, after it is issued, be laid on the Table of the Legislative Assembly.] (3) Every person in charge of mechanical vehicle for 11{12[using] any road infrastructure} shall pay to the toll Inspector posted at the barrier the toll and shall obtain a receipt from him in token of having paid the amount specified therein. (4) The mechanical vehicle, which has paid toll under sub-section (3) at any barrier in the State, shall not be required to pay toll again while crossing any other barrier established under this Act 1[within the period for which the toll is paid]. 2[(5) Daily receipt shall be valid for 24 hours and the period shall be counted from crossing the first barrier. (6) Quarterly token shall be valid for the quarter beginning with the 1st January, April, July and October of each year. (7) The annual token shall be valid for the financial year for which it is issued.]

3[3-A. Power of the State Government to lease the right to collect toll.- (1) The State Government may, with effect from such date as it may by notification specify, lease to any person the right to collect toll levied under section 3, on mechanical vehicles passing over any road infrastructure, by auction or tender or combination of both, or any other mode for any financial year or part thereof, on such terms and conditions as the Commissioner may, subject to approval of the State Government, determine. (2) For the purpose of grant of lease under sub section (1), the Commissioner shall, after taking into consideration the receipts of the toll for the preceding year for any part thereof and the rates of toll applicable for the lease period, assess aggregate amount of toll likely to be recovered at a barrier during the period of lease. (3) The lessee shall be required to furnish such security for due fulfilment of the terms and conditions of the lease as the Commissioner may direct. (4) Any sum (including penalty, interest or costs of the proceedings) payable by the lessee under a lease granted under sub-section (1), if not paid by the due date, shall be recoverable as arrears of land revenue.]

4. Servants etc., to be public servants. - All persons appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

5. 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 of the duties imposed on him under this Act.

1[6. Establishment of barriers.- The State Government may, from time to time, by notification in the Official Gazette, establish or remove barriers on any road infrastructure, for the purpose of this Act.]

7. Exhibition of table of tolls and statement of penalties.- A table of the tolls authorised to be taken at any barrier shall be put in a conspicuous place near such barrier legibly written or printed in Hindi and English words and figures, to which shall be annexed, written or printed in like manner, a statement of penalties for refusing to pay the tolls and for taking unlawfully any toll.

8. Assistance to Toll Inspectors by police officers.- All police officers shall be bound to assist the Toll Inspectors, when required, in the execution of this Act; and, for the purpose, shall have the same powers which they have in the exercise of their ordinary police duties.

9. Procedure in case of non-payment of toll.- In case of non-payment of such toll on demand, the person appointed to collect the same may detain the mechanical vehicle 2[until] the toll is paid.

3[9-A. Establishment of Mobile Squads.- (1) The State Government may, by notification, order the establishment of Mobile Squads for checking of the vehicles to ensure collection of the toll and prevent evasion and the Mobile Squads so established shall be under the charge of an officer of the Government who shall be a tolling authority under this Act. (2) When so required by the tolling authority, the driver or the person-in-charge of the mechanical vehicle shall stop the mechanical vehicle and keep it stationary as long as may be necessary, and allow the tolling authority to examine receipt or token of payment of toll paid and the driver or the person-in-charge of such mechanical vehicle shall also furnish such other information as may be required by the tolling authority. (3) The driver or person-in-charge of the mechanical vehicle shall keep in the vehicle the receipt of payment of toll at least upto 72 hours of last entry into the territory of the State of Himachal Pradesh and the token upto 15 days of its expiry, and on demand shall produce it to the tolling authority. (4) If the driver or the person-in-charge of the mechanical vehicle fails to produce the receipt of payment of toll or token, as required under sub-section (3), then the tolling authority shall recover the toll at the place of inspection at the rate specified under column (3) of the Schedule: Provided that in addition to the toll, the tolling authority shall recover a collection fee of equal to 4 times the rates specified under column (3) of the Schedule. (5) Notwithstanding anything contained in sub-section (4), the tolling authority may also order detention of the mechanical vehicle, including the goods, if any, being carried therein, for such period as may reasonably be necessary and shall allow the same to proceed only after the driver or the person-in-charge of the mechanical vehicle making payment of the toll and the amount of collection fee imposed under this section or furnishing to his satisfaction a security or executing a bond with or without sureties for securing the amount of toll and collection fee.]

1[10. Refund.- The Assistant Excise and Taxation Commissioner or the Excise and Taxation Officer in-charge of the district either suo-moto or on an application shall, in the prescribed manner, refund to the lessee or any other person, with the prior approval of the Commissioner, any amount of lease money paid by such lessee or person under this Act, if the amount of lease money so paid is in excess of the amount due from him under this Act: Provided that refund shall only be allowed to the lessee in the event of any loss sustained on account of law and order situation, natural calamity or by acts of God or force majeure: Provided further that no refund under this section shall be allowed unless the claim for refund is made within a period of one year from the date on which such claim accrues.]

2[10-A. Appeal.- An appeal shall lie to the appellate authority, appointed by the State Government in this behalf, against any order passed under this Act, within sixty days of the passing of such order or within such further period as the appellate authority may, for sufficient cause, allow.

10-B. Revision.- The Commissioner may, on his own motion call for the record of any proceeding which is pending before, or have been disposed of by any authority subordinate to him for the purpose of satisfying himself as to the legality or propriety of such proceedings or the orders are prejudicial to the interest of revenue, may pass such order in relation thereto as he may think fit: Provided that powers under this section shall be exercisable only within a period of five years from the date on which such order was communicated.]

11. Penalties.- Whosoever- (a) attempts to cross any barrier without compliance with the provisions of this Act, or (b) contravenes any other provision of this Act or the rules made thereunder or any order or direction made under any such provision or rule, shall be liable, on conviction, to a fine which may extend to two hundred rupees. (2) No magistrate shall take cognisance of any offence under this Act except on a complaint in writing, made by the Toll Inspector.

12. 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 made, in good faith, under this Act or the rules made thereunder.

1[13. Exemptions.- (1) No toll shall be payable and charged on the vehicles specified in column (2) of the Schedule-II for the use of any road infrastructure, subject to the conditions and exceptions, if any, set out in column (3) thereof. (2) The State Government, after giving by notification not less than thirty days notice of its intention so to do, may by like notification, add to or delete any vehicle from the Schedule–II and thereupon the said Schedule-II shall be deemed to be amended accordingly. (3) Every notification issued under sub-section (2) shall, as soon as may be, after it is issued, be laid on the Table of the Legislative Assembly.]

14. Power to make rules.- (1) The State Government may by notification in the Official Gazette, 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) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Himachal Pradesh while it is in session for a total period not less than fourteen days which may comprise in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.