LexThe Himachal Pradesh Tolls Act, 1975
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH TOLLS ACT, 1975
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Rate of toll and its payment.
3-A. Powers of the State Government to lease the right to collect
toll.
4. Servants etc. to be public servants.
5. Power of Toll Inspector.
6. Establishment of barriers.
7. Exhibition of table of tolls and statement of penalties.
8. Assistance to Toll Inspectors by police officers.
9. Procedure in case of non-payment of toll.
9-A. Establishment of Mobile Squads
10. Refund.
10-A. Appeal.
10-B. Revision.
11. Penalties.
12. Bar to proceedings.
13. Exemption
14. Power to make rules.
THE SCHEDULE-I
THE SCHEDULE-II
THE HIMACHAL PRADESH TOLLS ACT, 1975
(ACT NO. 9 OF 1975)1
(Received the assent of the Governor on the 7 th May, 1975 and was
published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated the 17 th
May, 1975, pp. 509-513.)
An Act to provide for the levy and collection of tolls on mechanical
vehicles 2[passing over any road infrastructure ] in Himachal
Pradesh.
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 12th April, 1975, p. 438.
2. Substituted for the words “crossing barriers” vide H.P. Act No. 12 of 2001.
THE HIMACHAL PRADESH TOLLS ACT, 1975 2
Amended, repealed or otherwise affected by,-
(i) The H.P. Act No. 12 of 20011, assented to by the Governor on
the 18 th May, 2001, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 21 st
May, 2001 pp. 527-536.
(ii) The H.P. Act No. 9 of 2002 2, assented to by the Governor on
the 7th May, 2002, published both in Hindi and English in the
Rajpatra, Himachal Pradesh (Extra -ordinary), dated 8 th May,
2002, pp. 305-310.
(iii) The H.P. Act No. 16 of 20023, assented to by the Governor on
the 9th October, 2002, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 9 th
October, 2002, pp. 1987-1992, effective from 21st May, 2001.
(iv) The H.P. Act No. 9 of 2003 4, assented to by the Governor on
the 1st August, 2003, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 2 nd
August, 2003, pp. 1101-1106, effective from 1st April, 2003.
(v) The H.P. Act No. 18 of 20065, assented to by the Governor on
the 28th September, 2006, published both in Hindi and
English in the Rajpatra, Himachal Pradesh (Extra -ordinary),
dated 30 th September, 2006 , pp. 4919-4923, effective from
23rd May, 2006.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-sixth Year of the Republic of India, as follows:-
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.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
16th April, 2001, pp. 149 and 155.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
26th March, 2002, pp. 4643 and 4646.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
29th August, 2002, pp. 1611 and 1616.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons the Rajpatra, Himachal Pra desh (Extra-ordinary), dated 18 th
July, 2003, pp. 821 and 826.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 23 rd
August, 2006, pp. 3887 and 3891.
THE HIMACHAL PRADESH TOLLS ACT, 1975 3
(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 7 500
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
1. Clauses (a-a) and (a-b) inserted vide H.P. Act No. 9 of 2002.
2. Clause (a-c) inserted vide H.P. Act No. 9 of 2003, effective from 1 st April, 2003.
3. Substituted for the brackets, figures, words and sign “(18) of section 2 of the
Motor Vehicles Act, 1939 (4 of 1939)” vide H.P. Act No. 12 of 2001.
4. Sub-clauses (d-a) and (d-b) inserted vide H.P. Act No. 12 of 2001 and sub -clause
(d-a) substituted vide H.P. Act No. 16 of 2002, effective from 21 st May, 2001.
5. Sub-clauses (e-a) and (e-b) inserted vide H.P. Act No. 12 of 2001.
THE HIMACHAL PRADESH TOLLS ACT, 1975 4
vehicle 1[passing over any roa d 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 incre ased 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
1. Substituted for the words “ crossing barriers” vide H.P. Act No. 12 of 2001.
2. The sign , - and clauses (i) and (ii) substituted for the words “every Government
servant posted at a barrier in connection with the collection of to lls” vide H.P.
Act No. 9 of 2002.
3. Substituted for the words “Schedule” vide H.P. Act No. 9 of 2003, effective from
1st April, 2003.
4. The words “passing over any road infrastructure” s ubstituted for the words
“crossing barrier” vide H.P. Act No. 12 of 2001.
5 The words “for the use of” substituted for the words “passing over” vide H.P. Act
No. 16 of 2002, effective from 21st May, 2001.
6. Substituted for the word, bracket and figure “column (3)” vide H.P. Act No. 12 of
2001.
7. Sub-sections (2) a nd (2-A) substituted for existing sub -section (2) vide H.P. Act
No. 12 of 2001.
8. Substituted for the words “SCHEDULE” vide H.P. Act No. 9 of 2003, effective
from 1st April, 2003.
9. Substituted for the words “SCHEDULE” vide H.P. Act No. 9 of 2003, eff ective
from 1st April, 2003.
10. Substituted for the words “SCHEDULE” vide H.P. Act No. 9 of 2003, effective
from 1st April, 2003
11. Substituted for the words “crossing a barrier” vide H.P. Act No. 12 of 2001.
12. Substituted for the words “passing over” v ide H.P. Act No. 16 of 2002, effective
from 21st May, 2001.
THE HIMACHAL PRADESH TOLLS ACT, 1975 5
and shall obtain a receipt from him in token of having paid the amount
specified therein.
(4) The mechanical vehicle, which has p aid 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 s hall 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 applic able 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 Commissi oner 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. Substituted for the words “within a period of 24 years” vide H.P. Act No. 12 of
2001.
2. Section (5) (6) (7) Added vide H.P. Act No. 12 of 2001.
3. Section (3-A) inserted vide H.P. Act No. 9 of 2002.
THE HIMACHAL PRADESH TOLLS ACT, 1975 6
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 officer s.- 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.
1. Section 6 substituted vide H.P. Act No. 16 of 2002, effective from. 21 st May,
2001.
2. Substituted for the words “or seize any of the goods or part of burden or load of
sufficient value to defray the toll and sell the same, unless” vide H.P. Act No. 9
of 2002.
3. Section (9-A) inserted. vide H.P. Act No. 12 of 2001.
THE HIMACHAL PRADESH TOLLS ACT, 1975 7
(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 mechan ical 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 Co mmissioner, 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 prejudici al to
the interest of revenue, may pass such order in relation thereto as he may think
fit:
Provided that powers un der 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,
1. Section 10 omitted vide Act No. 9 of 2002 and again inserted vide H.P. Act No.
18 of 2006.
2. Sections 10-A and 10-B inserted vide H.P. Act No. 18 of 2006.
THE HIMACHAL PRADESH TOLLS ACT, 1975 8
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 f aith, 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 Schedu le-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 i s 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 suc h modification or annulment
shall be without prejudice to the validity of anything previously done under
that rule.
1. Section 13 substituted vide Act No. 9 of 2003, effective from 1 st April, 2003.
THE HIMACHAL PRADESH TOLLS ACT, 1975 9
1[SCHEDULE–I]
(See section-3)
Sr.
No.
Particulars of
vehicles
Rate of toll
per day or
part thereof
Rate of toll per
quarter of part
thereof
Rate of toll
per year or
part thereof
1. 2. 3. 4. 5.
1. Vehicle having loading
capacity:
(a) Exceeding 90
quintals.
(b) Exceeding 20 but
upto 90 quintals.
(c) Exceeding 10 but
upto 20 quintals.
(d)Tractor plying with
public carrier or
private carrier permit
2[(except when used
for agricultural
purposes.)]
Rs. 3[50.00
Rs. 40.00
Rs. 30.00
Rs. 30.00
20 times the
rate as
specified in
Column (3)
-do-
-do-
-do-
3 times the
amount as
specified in
Column (4)
-do-
-do-
-do-
2. Passenger vehicles
having seating capacity
of:
(a) above 12 passengers
(b) upto 12 passengers
(c) other light motor
vehicles such as
Rs. 50.00
Rs. 30.00
-do-
-do-
-do-
-do-
1. SCHEDULE substituted vide H.P. Act No. 12 of 2001 and again the words
“SCHEDULE-I” substituted for the word “SCHEDULE” vide H.P. Act No. 9 of
2003, effective from 1st April, 2003.
2. Added vide Notification No. EXN -F(21)4/2000, dated 29th May, 2002,
published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 30th May,
2002, pp. 539-541.
3. In column 3 the rates of toll specified against Sr. No. 1(a), (b), (c), (d), 2(a), (b),
(c)(i), (ii), 3(a) substituted vide Notification No. EXN -F(21)4/2000, dated 29 th
May, 2002, published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
30th May, 2005, pp. 539-540.
THE HIMACHAL PRADESH TOLLS ACT, 1975 10
jeep, car, pick -up
van, station wagon:
(i) Registered as
Private Vehicle.
(ii) Registered as
private carrier.
1[(iii) The owners of
private
registered
vehicle residing
within 5
kilometres
radius of toll
barrier.
Rs. 20.00
Rs. 30.00
Rs. 30.00
2[15 times the
rate as
specified in
Column (3)]
3[20 times the
rate as
specified in
Column (3)]
Rs. 100.00
-do-
-do-
Rs. 300.00]
3. (a) Motor Rickshaw and
Scooter Rickshaw.
4[(b) XXXXXXXX]
Rs. 10.00 5[20 times the
rate as
specified in
Column (3)]
6[3 times
the amount
as specified
in Column
(4)]
Note: - (i) For payment at rate specified under column (3) a receipt will be issued.
(ii) For payments at rates specified under columns (4) and (5) a token in notified
design will be issued and it shall be displayed on the vehicle.
1. Item No. (iii) inserted vide Notification No. EXN-F(10)1/2004, dated 31st March,
2004, published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 31st
March, 2004, pp. 3960-3961.
2. Substituted for the words and sign “ -do-” vide Notification No. EXN -
F(10)1/2004, dated 31 st March, 2004, published in the Rajpa tra, Himachal
Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961.
3. Substituted for the words and sign “ -do-” vide Notification No. EXN -
F(10)1/2004, dated 31 st March, 2004, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961.
4. Sub-item (b) omitted vide Notification No. EXN -F(21)4/2000, dated 29th May,
2002, published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 30th
May, 2002, pp. 539-540
5. Substituted for the words and sign “ -do-” vide Notification No. EXN -
F(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961.
6 Substituted for the words and sign “ -do-” vide Notification No. EXN -
F(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961.
THE HIMACHAL PRADESH TOLLS ACT, 1975 11
1[SCHEDULE-II
(See Section 13)
Sl.
No.
Particulars. Conditions and
Exceptions.
1. 2. 3.
1. The mechanical vehicles belonging to the
President, Defence Services of the Union of
India, Diplomatic C rops, the Himachal
Pradesh Government, 2[Central Government
and other States Government ], Fire Tenders
and the High Court of Himachal Pradesh;
-----
2. The light mechanical vehicles belonging to
the Vice -President, the Ministers, the
Speaker and the Deputy Speaker;
-----
3. The light mechanical vehicles belonging to
the Members of parliament elected from
Himachal Pradesh and the Members of the
Himachal Pradesh Legislative Assembly;
-----
4. The ambulances and the vehicles specially
designed for use by physically handicapped
person;
-----
5. Motor cycles and Scooters; and -----
6. Tractors. When used for
agricultural
purpose.
____________
1. SCHEDULE-II added vide H.P. Act No. 9 of 200 3, effective from 1st April,
2003.
2 Inserted vide Notification No. EXN -F(10)1/2005, dated 30th March, 2005,
published in the Rajpatra, Himachal Pradesh (Extra -ordinary), dated 31 st March,
2005, p. 4392.
THE HIMACHAL PRADESH TOLLS ACT, 1975 12
THE HIMACHAL PRADESH TOLLS (SECOND AMENDMENT) ACT,
2002
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Amendment of section 2.
3. Amendment of section 3.
4. Amendment of section 6.
5. Validation.
6. Repeal of Ordinance No. 1 of 2002 and savings.
__________.
THE HIMACHAL PRADESH TOLLS (SECOND AMENDMENT) ACT,
2002
(ACT NO. 16 OF 2002) 1,
(Received the assent of the Governor on the 9 th October, 2002,
published both in Hindi and English in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated 9th October, 2002, pp. 1987-1992.
AN ACT further to amend the Himachal Pradesh Tolls Act, 1975 (Act
No. 9 of 1975).
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Fifty-third Year of the Republic of India, as follows :-
1. Short title and commencement .- (1) This Act may be called the
Himachal Pradesh Tolls (Second Amendment) Act, 2002. .
(2) It shall be deemed to have come into force on the 21st day of May,
2001.
[Sections 2 to 4 and 6 incorporated in the principal Act]
5. Validation.- Notwithstanding anything contained to the contrary in
the Himachal Pradesh Tolls Act, 1975 (9 of 1975) (hereinafter referred to as
the "principal Act"), levy, collection or payment of toll or any action taken or
anything done or purporting to have been taken or done under the provisions
of the principal Act, at any time on or after the 21st day of May, 2001 but
before the publication of the Himachal Pradesh Tolls (Second Amendment)
Act, 2002 (hereinafter referred to as the "said Act"), shall be deemed to be
valid and effective as if such levy, collection or payment or any action or
anything had been taken or done under the provisions of the said Act and
accordingly-
(i) the aforesaid toll levied, collected or paid or purporting to have
been levied, collected or paid under the provisions of the
1. Passed in Hindi by the Himachal Pradesh Vidha n Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), dated
29th August, 2002, pp. 1611 and 1616.
THE HIMACHAL PRADESH TOLLS ACT, 1975 13
principal Act, before the publication of the said Act shall and
shall always be deemed to have been validly levied, collected or
paid in accordance with the law ;
(ii) no suit or other proceedings shall be maintained or continued in
any court or before any authority for the refund of, and no
enforcement shall made by any court or a uthority of any decree
or order directing the refund of any such aforesaid toll which has
been collected or paid ;
(iii) recoveries, if any, shall be made in accordance with the
provisions of the principal Act as amended by the said Act, of all
amounts w hich would have been collected thereunder as such
aforesaid toll if the said Act had been in force at all material
times ; and
(iv) any action taken or anything done (including any rule or order
made, any barrier established or removed, notification issued or
directions given) under the principal Act, before the publication
of the said Act, shall and shall always be deemed to have been
validly taken or done in accordance with the provisions of the
principal Act, as amended by the said Act.
(2) For the removal of doubts, it is hereby declared that-
(a) Nothing in sub -section (1) shall be construed as preventing any
person-
(i) from questioning in accordance with the provisions of the
said Act, the levy, collection or payment of the aforesaid
toll; or
(ii) from claiming refund of the aforesaid toll paid by him in
excess of the amount due from him under the provisions of
the principal Act as amended by the said Act; and
(b) No act or omission on the part of any person, before the
publication of the said Act, shall be punishable as an offence which would not
have been so punishable if the said Act had not come into force.
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