The Haryana Mechanical Vehicles (Levy of Tolls) Act, 1996 (9 of 1996)

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THE  HARYANA  MECHANICAL  VEHICLES  (LEVY  OF  TOLLS) ACT,
1996
(HARYANA ACT NO. 9 OF 1996)
TABLE  OF  CONTENTS
Sections :
  1. Short title and extent.
  2. Definitions.
  3. Levy of toll and payment.
  4. Authorisation for collection of toll.
  5. Procedure.
  6. Erection of barrier.
  7. Duties to maintain account books, records etc. in respect of tolls and
maintenance of road facility.
  8. Duties for maintenance.
  9. Power of Toll Collector.
10. Offences and penalties.
11. Protection of action taken in good faith.
12. Bar of Jurisdiction of civil courts.
13. Power to exempt.
14. Power to make rules.
15. Repeal.
MECHANICAL  VEHICLES (LEVY OF TOLLS)1996 : Hr. Act 9]
46 [1995 : Hr. Act 20
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1THE  HARYANA  MECHANICAL  VEHICLES  (LEVY  OF  TOLLS)
ACT, 1996
(Haryana Act No. 9 of 1996)
[Received the assent of Governor of Haryana on the 21st March, 1996, and
was first published for general information in the Haryana Government Gazette
(Extraordinary), Legislative Supplement Part I of the 29th March, 1996.]
Year No. Short title Whether repealed or otherwise
affected by Legislation
  1  2      3                 4
1996 9 The Haryana Mechanical —
Vehicles (Levy of Tolls)
Act, 1996
AN
ACT
to provide for the levy and collection of tolls in respect of use of road
facilities, road infrastructure including bridges, tunnels, flyovers,
ferries, approach roads or sections of new roads or by-passes and
to provide for the private management of roads.
Be it enacted by the Legislature of the State of Haryana in the Forty-seventh
Year of Republic of India as follows: -
1. (1) This Act may be called the Haryana Mechanical Vehicles (Levy
of Tolls) Act, 1996.
(2) It extends to the whole of the State of Haryana.
2. In this Act, unless the context otherwise requires,—
(a) “Government” means the Government of State of Haryana;
(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 (28) of section 2 of the Motor
Vehicles Act, 1988, but does not include a cart or bicycle;
(c) “National Highways” shall have the  meaning assigned to it in
the National Highways Act, 1956;
(d) “Prescribed” means prescribed by rules made under this Act;
1 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
1996, dated 23-2-1996, page 429–430.
Short title and
extent.
Definitions.
MECHANICAL  VEHICLES (LEVY OF TOLLS)1996 : Hr. Act 9]
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(e) “Toll Collector” means a person authorised by State
Government to collect toll in respect of any mechanical vehicle
under this Act and includes a Government servant or an agent
appointed for this purpose;
(f) “toll facility” means road facilities or road infrastructure and
shall include bridges, tunnels, flyovers, ferries, approach roads
or section of new roads or by-passes which may, from time to
time be notified as such by the State Government;
(g) “urban road links” means—
(a) a portion of existing National Highways lying within towns
having a population of 20,000 or more; and
(b) roads in towns having a population of 20,000 or more
connecting the points of the two or more National
Highways at the boundary of the town.
3. There shall be levied and paid to the Toll Collector on every
mechanical vehicle passing over any toll facility, notified as such under the Act, a
toll and at such rate, place and for such period as the Government may, from time
to time by notification, determine:
Provided that no toll shall be levied on any mechanical vehicle crossing
or using any toll facility on National Highways or urban road links.
4. The Government may, by notification, authorise any person who has
agreed to construct, reconstruct, improve, strengthen, widen, repair or maintain
any road, road infrastructure including bridges, tunnels, ferries, approach roads
or section of new roads or by-passes which has been declared as a part of the toll
facilities, to demand, collect and retain tolls for such period and at such rates as
may be specified in the notification for the use of such toll facilities.
5. Every person incharge of a mechanical vehicle shall, before or after
passing on toll facility, pay to the Toll Collector, the toll and shall obtain a receipt
from him in token of having paid the amount thereof.
6. Any person authorised to demand, collect and retain tolls under
clause (e) of section 2 may cause a barrier to be erected at any place where tolls
are to be paid, and such barrier may be kept against any person or vehicle until the
toll due in respect of such person or vehicle, has been paid.
7. (1) Any person authorised to demand, collect and retain tolls under
sections 3 and 4 shall—
(a) maintain such account books and records in respect of the
payment and collection of tolls, as may be prescribed;
(b) furnish to the Government such information, returns and
accounts in respect of the payment and collection of tolls,
as may be prescribed;
Levy of toll and
payment.
Authorisation for
collection of toll.
Procedure.
Erection of barrier.
Duties to maintain
account books,
records etc. in
respect of tolls and
maintenance of
road facility.
MECHANICAL  VEHICLES (LEVY OF TOLLS) [1996 : Hr. Act 9
49
(c) permit any person authorised by the Government to have
access to, or to examine or inspect, any account books,
records, documents, machinery or equipment maintained
or used for the payment or collection of tolls.
(2) Any person who is authorised to demand, collect and retain
tolls under an order made under section 4, shall maintain in good repair and
condition and in accordance with sound engineering practices the road, road
infrastructure including bridges, tunnels, ferries, approach roads or section of new
roads or by-passes, as the case may be, in respect of which the order is made.
8. The Government shall not be liable to any person in respect of any
injury, damage or loss of any description whatsoever arising from the failure of
the person entitled to demand, collect and retain the tolls notified under section 4
to carry out any of his duties under this Act.
9. The driver of a mechanical vehicle shall cause the vehicle to stop
when required to do so by the Toll Collector to enable him to carry out the duties
imposed on him by or under this Act.
10. (1) Whosoever—
(a) attempts to pass on a toll facility without complying with
the provisions of this Act; or
(b) obstructs the Toll Collector in the discharge of his duties
imposed by or under this Act; or
(c) 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, on conviction, be liable to a fine of one thousand rupees, which may extend
to five thousand rupees and in default, sentenced to simple imprisonment for a
term not exceeding six months.
(2) No Magistrate shall take cognizance of any offence under this
Act except on a complaint, in writing made by the Toll Collector.
11. No suit, prosecution or other legal proceedings 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.
12. No civil court shall have jurisdiction in respect of any matter which
the Government or any other person or authority is empowered by or under this
Act or the rules made thereunder, to dispose of or take cognizance of, and regarding
the manner in which the Government or such person or authority exercise any
powers vested in it or him by or under this Act or the rules made thereunder.
13. The State Government may, by notification in the Official Gazette,
exempt any person or class of persons, or any mechanical vehicle from the payment
of tolls.
Duties for
maintenance.
Power of Toll
Collector.
Offences and
penalties.
Protection of
action taken in
good faith.
Bar of jurisdiction
of civil courts.
Power to exempt.
MECHANICAL  VEHICLES (LEVY OF TOLLS)1996 : Hr. Act 9]
50
14. (1) The State Government may, by notification, make rules for
securing the levy and collection of toll and generally for carrying out the purposes
of this Act including the rate of toll on any toll facility and the period for its levy.
(2) Every rule made under this section shall be laid, as soon as may
be, after it is made before the House of the State Legislature while it is in session
for a total period of ten days which may be comprised in one session or in two
successive sessions, and if before the expiry of the session in which it is so laid or
the session immediately following 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 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.
15. The Haryana Mechanical Vehicles (Bridge Tolls) Act, 1974 (Haryana
Act No. 44 of 1974) is hereby repealed.
Power to make
rules.
Repeal.
MECHANICAL  VEHICLES (LEVY OF TOLLS) [1996 : Hr. Act 9

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