The Tolls on Roads and Bridges Act, 1875

THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
1875 : Bom. III 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT  
 
 
 
BOMBAY ACT NO. III OF 1875 
 
 
 
 
THE TOLLS ON ROADS AND BRIDGES 
ACT, 1875. 
 
 
 
 
 
(As modified upto the 31st October, 2006)  
THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
1875 : Bom. III 
 
 
 
THE TOLLS ON ROADS AND BRIDGES ACT, 1875. 
.................................... 
CONTENTS 
PREAMBLE PAGE 
 NO. 
SECTIONS. 
1. Repeal of Act VII of 1851. 1 
2. [ Repealed. ]   1 
3. Rates of tolls to be levied, “ Persons ” defined. 1 
4. Procedure in case of non-payment of tolls. 1 
5. Exemptions from toll.  1 
 Provincial Government may grant other exemptions. 
6. Police - officers bound to assist toll - collectors. 1 
7. Penalty on unauthorised person demanding tolls, and for the 1 
 illegal demand. 
8. Table of tolls to be put up at the gate or station. 2 
9. Collectors of tolls may compound for tolls. 
10. Power of Provincial Government be lease the levy of tolls. 2 
11. Acts of lessee or his agent. 3 
12. [ Repealed. ] 
 SCHEDULE 
THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
1875 : Bom. III 
 
 
BOMBAY ACT No. III OF 1875.1 
[THE TOLLS ON ROADS AND BRIDGES ACT, 1875.]1 
 [28th December, 1875] 
Repealed in part, by Act 16 of 1895; 
Repealed in part, by Act 2 of 1901; 
Repealed in part, by Act Bom. 3 of 1886. 
Repealed in part (except in the City of Bombay), by Bom. 1 of 1884. 
Amended by Bom. 5 of 1881. 
Amended (except in the City of Bombay), by Bom. 1 of 1884. 
Adapted and modified by the Adaptation of Indian Laws Order in Council. 
An Act for enabling Government to levy tolls on public roads and bridges in the 
Presidency of Bombay. 
WHEREAS tolls have been levied in the Presidency of Bombay in accordance with 
2Act XV of 1864 since the thirtieth day of July, 1864, but doubts have arisen whether the 
said Act has been formally extended to the said Presidency ; and whereas it is expedient 
to remove th e said doubts and to consolidate in one Act the provisions for the levy of 
tolls upon public roads and bridges in the said Presidency; It is enacted as follows :– 
1. 3Act VIII of 1851 is hereby repealed in so far as it affects the Presidency of 
Bombay.  
2. [Act XV of 1864 deemed to have been extended to Bombay Presidency from 
30th July, 1864.] Rep. Act XVI of 1895. 
3. The 4[Provincial Government] may cause such rates of tolls, not exceeding the 
rates mentioned in the Schedule annexed to this Act, to be levied upon any road 
or bridge which has been or shall hereafter be made or repaired at the expense of 
5[the Crown] or from funds collected unde r the provisions of 6Bombay Act III of 
1869 or other funds levied under the authority and subject to the general control 
7[of the Provincial Government], and may place the collection of such tolls under 
the management of such persons as may appear to 8[it] proper; and all persons 
employed in the management and collection of such tolls shall be liable to the 
same responsibilities as would belong to them if employed in the collection of 
the land revenue 9 *  *  * *  *  *.  
10[Clause 2. - The word “persons” in this section shall be deemed to include local 
boards established under the 11Bombay Local Boards Act, 1884.] 
4. In case of non -payment of any such toll on demand, the officers app ointed to 
collect the same may in the first place seize any part of the burden or load of the 
carriage or animal on which the toll is chargeable, of sufficient, value to defray 
the toll, or, in the event of the burden or load being insufficient, such carri age or 
animal; 
and, if any toll remains undischarged for twenty -four hours, with the cost arising 
from such seizure, the case shall be brought before the officer appointed to superintend 
the collection of the said toll, who may sell the property seized for  discharge of the toll 
and all expenses occasioned by such non -payment, seizure and sale, and cause any 
balance that may remain to be returned on demand to the owner of the property ; and the 
said officer on receipt of the property shall forthwith issue a notice, that at noon of the 
next day, exclusive of Sunday or any close holiday, he will sell the property by auction : 
Provided that if, at any time before the sale has actually begun, the person whose 
property has been seized shall tender the amount of al l the expenses incurred, and of 
double the toll payable by him, the said officer shall forthwith release the property seized. 
5. No tolls shall be paid for the passage 12*  *  *  *  *  * of Police -Officers on 
duty, or of any person or property in their custody. And it shall further be lawful 
for 13[the provincial Government], by notification in the 14[Official Gazette], to 
Preamble. 
Repeal of  
Act VIII of 
1851. 
Rates of tolls 
to be levied. 
“Persons” 
defined. 
Procedure in 
case of 
non-payment 
of tolls. 
Bom. I of 
1894. 
Exemptions 
from toll. 
Provincial 
,Government 
may grant 
other 
exemptions. 
THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
1875 : Bom. III 
 
 
grant and define other exemptions from payment of  the tolls levied under this 
Act. 
6. All Police-officers shall be bound to assist the toll -collectors, when required in 
the execution of this Act, and for that purpose shall have the same power which 
they have in the exercise of their ordinary police duties. 
7. Every person, other than the persons appointed to collect the tolls under this Act, 
who shall levy or demand any toll on any publ ic road or bridge, or for passing 
through any bazaar situated thereon, and also every person who shall unlawfully 
and extortionately demand or take any other or higher toll than the lawful toll, or 
under colour of this Act seize or sell any property, knowi ng such seizure or sale 
to be unlawful, or in any manner unlawfully extort money or any valuable thing 
from any person under colour of this Act, shall be liable, on conviction before a 
Magistrate, to imprisonment 15 *  *  * for any term not exceeding six 15 *  * 
months, or to fine not exceeding rupees two hundred, any part of which fine may 
be awarded by the Magistrate to the person aggrieved, but this remedy shall not 
be deemed to bar or affect his right to have redress by suit in the Civil Court of 
the district. 
8. A table of the tolls authorized to be taken at any toll -gate or station, legibly 
written or printed in English words and figures, and also in those of the 
vernacular language of the district, to wh ich shall be annexed, written or printed 
in like manner, a statement of the penalties for refusing to pay the tolls and for 
taking any unlawful toll, shall be furnished by Government to the collector of 
tolls, and the same shall by him be kept in a conspic uous place near such gate or 
station. 
9. Any person entrusted with the management of the collection of tolls under this 
Act may in his discretion compound for any period, not exceeding one year with 
any person fo r a certain sum to be paid by such person for himself or for any 
vehicle or animal kept by him, in lieu of the rates of tolls specified in the 
Schedule to this Act. 
16[10. It shall be lawful for the 17[Provincial Government] to lease the levy of tolls at 
such rates not exceeding the rates mentioned in the Schedule annexed to this Act 
upon any public road or bridge by public auction or private contract from year to 
year or fo r a longer period not exceeding seven years on such terms and 
conditions as the 17[Provincial Government] may deem desirable:  
Provided that the lessee shall give security for the due fulfillment of such conditions, 
and that all sums payable under the terms and conditions of the lease shall be recoverable 
as a demand for the land -revenue under the law for the time being in force so far as 
applicable.] 
16[11. When the tolls on any public road have been duly leased, the lessee, an d every 
person employed by the lessee as his agent for collecting the tolls, shall be 
deemed to be persons appointed to collect tolls under this Act, and shall exercise 
all the powers and be subject to all the responsibilities attaching to persons 
appointed to collect tolls under this Act.] 
1812. [Application of tolls.] Rep. Bom. I of 1884. 
................................. 
SCHEDULE 
................................................................................................................................ 
 Rs. a. p. 
................................................................................................................................ 
On every four-wheeled carriage on springs … … … … 1 0 0 
On every two-wheeled carriage on springs … … … … 0 8 0 
On every ekka of hackery on springs … … … … 0 2 0 
On every cart and hackery not on springs drawn by 8 bullocks, 
buffaloes, horses ponies, asses or mules, if laden … … … … 1 0 0 
 Ditto, if not laden … … … … 0 8 0 
................................................................................................................................ 
Police officers 
bound to assist 
toll-collectorss. 
Penalty on 
unauthorized 
person 
demanding 
tolls,and for 
illegal 
demand. 
Table of tolls 
to be put up 
at gate or 
station. 
Collectors of 
tolls may 
compound 
for tolls. 
Power of 
provincial 
Government 
to lease the 
levy of tolls. 
Acts of lessee 
or his agent. 
THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
1875 : Bom. III 
 
 
 Rs. a. p. 
................................................................................................................................ 
On every cart and hackery not on springs drawn by 6 bullocks, 
buffaloes, horses ponies, asses or mules, if laden … … … … 0 12 0 
 Ditto, if not laden … … … … 0  6 0 
On every cart and hackery not on springs drawn by 4 bullocks, 
buffaloes, horses ponies, asses or mules, if laden … … … … 0  8 0 
 Ditto, if not laden … … … … 0  4 0 
On every cart and hackery not on springs drawn by 2 bullocks, 
buffaloes, horses ponies, asses or mules, if laden … … … … 0  4 0 
 Ditto, if not laden … … … … 0  2 0 
Buffaloes, or bullocks, per head if laden … … … … 0  1 0 
 Ditto, if not laden … … … … 0  0 6 
On every elephant  … … … … 1  8 0 
On every camel, if laden  … … … … 0  4 0 
 Ditto if not laden … … … … 0  2 0 
On every horse, laden or ridden  … … … … 0  1 6 
 Ditto unladen or led… … … … 0  0 9 
On every pony or mule, if laden or ridden … … … … 0  0 9 
On every pony or mule, unladen or led … … … … 0  0 6 
On every ass, if laden or ridden  … … … … 0  0 6 
Ditto, unladen or led  … … … … 0  0 3 
On every sheep or goat or pig  … … … … 0  0 1 
On every palankin, palna or tonjon, with 8 bearers … … … … 1  0
 0 
 Ditto,  ditto ditto with 6 bearers … … … … 0 12 0 
 Ditto, ditto ditto with 4 bearers … … … … 0  8 0 
On every foot-passenger with the special sanction of Government 
on bridges or hill roads  … … … … 0  0 3 
.................................................................................................................................. 
Explanation I. - Animals drawing any vehicle for which toll can be demanded are 
not to be also charged with toll. 
Explanation II. - No second toll shall be levied on the same carriage or animal 
returning on the same day. 
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1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1875, Pt. V, p. 92, 
and for proceedings in Council, see ibid, 104 and 108. 
 The short title was given by the Bombay Short Titles Act, 1921 (Bom. 2 of 1921). 
 No tolls leviable under this Act are to be belevied within any local area notified under the 
Bombay Highway Act, 1883 (Bom. I of 1883), s. 7. 
 The net proceeds of certain tolls levied under this Act are to be credited to the Local Fund 
constituted by the Bombay Local Boards Act, 1923 (Bom. 6 of 1923), s. 74. 
2. The Indian Tolls Act, 1864, Central Acts. 
3. The Indian Tolls Act, 1851, Central Acts. 
4. The words “Provincial Government” were substituted for the words “Governor in Council” by 
the Adaptation of Indian Laws Order in Council. 
5. The words “the Crown” were substituted for the word “the Government”, by the Adaptation 
of Indian Laws Order in Council. 
6. See now Bom. 6 of 1923. 
THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
1875 : Bom. III 
 
 
7. The words “of the Provincial Government” were substituted for the words “of Government” 
by the Adaptation of Indian Laws Order in Council. 
8. The word “ it ” was substituted for the word “him”, by the Adaptation of I ndian Laws Order 
in Council. 
9. The Words “ until such rates of tolls shall be the Governor in Council, the tolls now levied 
shall continue to be levied by persons under who management the same are now collected, 
who shall be held to have been appointed un der the provisions of this Act, ” were repealed by 
the Amending Act, 1895 (16 of 1895). 
10. Clause 2 was substituted by s. 77 of the Bombay Local Boards Act, 1884 (Bom. 1 of 1884), 
which is repealed by Bom. 6 of 1923. 
11. See now Bombay Local Boards Act, 1923 (Bom. 6 of 1923). 
12. The words “of troops and military stores and equipages on their, march or ” were repealed by 
s. 3 of the Indian Tolls (Army) Act, 1901 (2 of 1901). 
13. The words “ the Provincial Government ” were substituted for the words “His Ex cellency the 
Governor in Council” by the Adaptation of Indian Laws Order in Council. 
14. The words “Official Gazette” were substituted for the words “ Government Gazette”,  by the 
Adaptation of Indian Laws Order in Council. 
15. The words “ of either descri ption ” and the word “ calender ” were repealed by the Bombay 
General Clauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule has been printed as 
an Appendix to the Bombay General Clauses Act, 1904 (Bom. 1 of 1904). 
16. Ss. 10 and 11 were inserted by  s. 2 of the Tolls on Roads and Bridges Act (Amendment) Act, 
1881 (Bom. 5 of 1881). 
17. The words “ Provincial Government ” were substituted for the word “ Government” by the 
Adaptation of Indian Laws Order in Council. 
18. S. 12 which is repealed by s. 2 a nd schedule to the Bombay Local Boards Act, 1884 (Bom. 1 
of 1884), except in the City of Bombay, is as follows :- 
 “The nett proceeds of the tolls and leases of tolls under this Act shall be applied wholly to the 
construction, repair and maintenance of roads and bridges within the Presidency of Bombay : 
 Provided that the nett proceeds of tolls and leases of the tolls on roads or bridges constructed 
by or belonging to any local fund committee shall be applied to the construction and 
maintenance of roads or bridges in the district under the superintendence of such local fund 
committee.” 
 
 
 
 
 
 

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