LexThe Gujarat Motor Transport Vehicles Toll Act, 1992
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Open in Lexace · Ask the AI about this act1992 : Guj . 7 ] Gujarat Motor Transport Vehicles Toll Act, 1992
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
GUJARAT ACT NO. 7 OF 1992
THE GUJARAT MOTOR TRANSPORT
VEHICLES TOLL ACT, 1992
( As modified up to the 30th October, 2012)
[ 1992 : Guj . 7 Gujarat Motor Transport Vehicles Toll Act, 1992
The Gujarat Motor Transport Vehicles Toll Act, 1992
CONTENTS.
PREAMBLE
SECTIONS. Page No.
1. Short title, extent and commencement. 1
2. Definitions. 1
3. Levy of toll. 2
4. Establishment of barriers. 2
5. Prohibition of entry without paying toll. 2
6. Powers to stop and detain vehicle. 2
7. Penalty. 2
8. Appeal. 3
9. Manner of levy payment and collection of toll, etc. 3
10. Power of State Government to exempt from toll. 3
11. Reciprocal agreement. 3
12. Protection of action taken under the Act. 3
13. Power to make rules. 3
1992 : Guj . 7 ] Gujarat Motor Transport Vehicles Toll Act, 1992
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GUJARAT ACT NO. 7 OF 1992.1
[THE GUJARAT MOTOR TRANSPORT VEHICLES TOLL ACT, 1992]
[1st April, 1992]
Amended by Guj. 1 of 1994.
An Act to provide for the levy of toll on-certain motor vehicles entering in the State
of Gujarat and for matters connected therewith or incidental thereto.
It is hereby enacted in the Forty -third Year of the Republic of India as
follows:-
1. (1) This Act may be called the Gujarat Motor Transport Vehicles Toll Act,
1992.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) "barrier" means a barrier established under section 4;
(b) "motor transport vehicle" means a stage carriage, contract carriage or
goods carriage as defined in the Motor Vehicles Act, 1988;
(c) "operator" means any person whose name is entered in the permit in
respect of the motor transport vehicle as the holder thereof or where the motor
transport vehicle is used or caused or allowed to be used without a permit, a
person in whose name that vehicle is registered under the Motor Vehicles
Act, 1988 and includes any person having the possession or control or for the
time being in-charge of the motor transport vehicle;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "toll" means the toll levied under section 3 of this Act;
(f) 'Toll Tax Officer" means such officer or officers as the State Government
may, by notification in the Official Gazette, appoint to be the Toll Tax Officer
for the whole of the State of Gujarat or any area or areas thereof for the
purposes of this Act and includes a Taxation Authority appointed under the
Bombay Motor Vehicles Tax Act, 1958;
(g) words and expressions used and not defined in this Act shall have the
meanings respectively assigned to them in the Motor Vehicles Act, 1988.
3. 2[(1) Notwithstanding anything contained in any law for the time being in
force, there shall be levied and collected a toll on every entry in the State of
Gujarat, of a motor transport vehicle plying under a permit granted or deemed
to have been granted under the Motor Vehicles Act, 1988 by an authority
having jurisdiction outside the State of Gujarat, at such rate not exceeding one
hundred rupees per vehicle, as the State Government may, by notification in
the Official Gazette, specify.]
(2) The toll shall be paid by the operator of the motor transport vehicle in
cash.
4. For the purpose of collection of toll, the State Government shall, by notification in
the Official Gazette, establish barriers at such places as may be specified in the
notification.
5. The motor transport vehicle liable to pay toll under section 3 shall not be allowed
to enter or ply unless the toll is paid, and the Toll Tax Officer shall have p ower to
prevent such vehicle from entering or plying in the State in contravention of the
Short tide, extent and
Commencement.
Definitions
59 of 1988.
59 of 1988.
Bom. LXV
of 1958.
59 Of 1988.
59 of 1988.
Levy of toll.
Establishment
of barriers.
Prohibition of
entry without
paying toll.
[ 1992 : Guj . 7 Gujarat Motor Transport Vehicles Toll Act, 1992
provisions of this Act.
6. (1) Whenever so required by Toll Tax Officer or any other person authorised
by him in this behalf, the driver or the person -in-charge of motor transport
vehicle shall stop the vehicle at the barrier or any other place within the State
and cause it to remain stationary so long as reasonably necessary to enable the
Toll Tax Officer or the person so authorised to satisfy himself that the amount
of toll, if payable, has been paid and the other provisions of the Act have been
complied with.
(2) When the Toll Tax Officer or the person authorised by him under sub -
section (1) has reason to believe,-
(a) that the t oll has not been paid, he may detain the motor transport
vehicle or any part or accessory thereof, which is considered
sufficient in his opinion for realisation of tile toll, until the toll is paid,
or.
(b) that any breach of the provisions of this Act ha s been committed,
detain the motor transport vehicle or any part or accessory thereof,
which is considered sufficient in his opinion for realisation of the
maximum amount of penalty leviable under section 7, until the
penalty is paid or security equivalent to such amount is furnished:
Provided that no action under this sub -section shall be taken
unless the driver or operator of such vehicle has been given a
reasonable opportunity of being heard.
(3) The vehicle and its accessory so detained or the security so furnished shall
be dealt with in such manner as may be prescribed.
7. If the Toll Tax Officer is satisfied after making such enquiry, as he may be
necessary that any person has committed 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 toll, if any, payable by him, a sum not exceeding two
hundred and fifty 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 ord er made under section 7 may, within thirty days
from the communication of such order to him, prefer an appeal against such order to
such appellate authority in such manner and on payment of such fees, as may be
prescribed and the order passed thereon by the appellate authority shall be final.
9. (1) The toll shall be levied, paid and collected in such manner, as may be pre
scribed.
(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 recovered as arrears of land revenue.
10. The State Government may, by notification in the Official G azette, exempt in
whole or in part any motor transport vehicle or class of motor transport Vehicles from
the payment of toll for such period and subject to such restrictions and conditions as
may be specified in the notification.
11. Notwithstanding anything contained in this Act, where any reciprocal agreement
relating to levy, collection and payment of the toll is entered into by the State
Government with any other State 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 other provisions of this Act.
Powers to stop
and detain
vehicle.
Penalty.
Appeal,
Manna of
levy, payment
and Collection
of toll, etc.
Power of State
Government to
exempt from
ton.
Reciprocal.
agreement
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12. No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or purported or intended to be done in pursuance
of the provisions of this Act or the rules made thereunder.
13. (1) The State Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:-
(a) the manner of dealing with the vehicles and its accessory detained
or the security furnished under sub-section (3) of section 6;
(b) to prescribe the authority to whom, the manner in which and fees
on payment of which, appeal may be filed under section 8;
(c) the manner of levy, payment and collection of the toll under sub -
section (1) of section 9;
(d) any other matter which is to be or may be prescribed.
(3) The rules made under this section shall be subject to the condition of
previous publication:
Provided that if the State Government is satisfied that circumstances
exist which render it necessary to take immediate action, it may dispense with
previous publication of any rule to be made under this section.
(4) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as may be after they are
made, and shall be subject to rescission by the State Legislature or to
such modification as the State Legislature may make during the session
in which they are so laid or the session immediately following.
(5) Any rescission or modification so made by the State Legislature shall be
published in the Official Gazette and shall thereupon take effect.
-------------------
1 For Statement of Objects and Reasons, See Gujarat Government Gazette, Extraordinary, Part V,
dated the 30th March, 1992, P. 21-4.
This Act was assented to by the Governor on the 1st April, 1992.
2 Sub-section (1) was substituted for the original by Guj. 1 of 1994, S. 2.
Protection of
action taken
under the Act.
Power to make
rules.