The Kerala Tolls Act, 1976 (No.6 of 1977)

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THE KERALA TOLLS ACT, 1976 
(Act 6 of 1977) 
CONTENTS 
PreambLe 
Seclwns 
1. Short Litle, extent and commencement 
2. Definitiom. 
3. Levy of toll 
4 Recovery of toll 
5. Exemption 
G. AsJistance by police officer: 
7. Power to compound tolls 
8. Penalt1es 
9. Exhib1t10n of t[\bk of tolls and statement< t penaltie~ 
l 0. Bar to proceedwgs 
ll. Power to make rules 
12. Establishment of Bridges an:l Roads Fund and 1ts utilisation . 
13 Power to remove ddT.culue~ 
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THE KERALA TQLJ,S Aar, 1976* 
(Act 6 of 1971) 
An Act to provtde for the levy if tolls m respect if certain brzdges in the Sf{l/.e of 
Kerala. 
Preamble.-WHEREAS 1t is expl dient to J•rov1de for the !evy oi tolls 
in resptct of certa•n bridges in the State of Kerala ; 
BE 1t enacted in the Twenty-seventh Year ol the Republic of India as 
follows:-
1. Short tzlle, extent and commencement.-(I) fhis Act may be called 
the Kerala Tolls Act, 1976 . 
2. It extenrls to the whole of the State of Kerala. 
3. It shall come into force on such date as the Government may, by 
notification m the '}az.ette, appoint. 
2. Difzmtzons.-In this Act, unless the context otherwise requires,-
( a) "bridge" means any bridge on a highway, but does not include 
a bt idg·. the cost of c• nstruction of whi( h (including the cost of construc·ion 
of the approach road~ necessary f01 conmcting the b·1dge to the highway) 
ia less th,m fifteen lokhs rupees; 
(b) "highway" means any road or way over which the public have 
a right of way. or are grantfd access, but doe~ not include any highway 
declared to be a national h1ghway under the National H1ghways Act, 1956 
(Central Act 4B.of 1956) ; 
(c) "motor vehicle" means any mechanically propelled vehicle 
adapted for use upon roads, whether the power of propuls on is transmuted 
thereto from any external or internal source, and inchtdes a chassis to which 
a body has not been attached ancl a tratler ; 
• (d) "owner'" means, where the person in possession of a v• h1cle is a 
minor, the guardian of such minor and in relation to a vehicle which is the 
subject of a hire-purchase agreem('nt, the person in possession of the vrhicle 
under that agreement ; 
(e) "prescribed" means prescribed by rules made under this Act; 
(f) "toll" means the toll levied under this Act. 
3. Levy of toll -(I) Tht' GoveTnment may levy a toll on rvery motor 
vehicle entering a bri••ge constructt'd wholly or partly at the expenst> of the 
Government and declared open for traffic after the 1st day of January, 1976. 
(2) The toll shall be levied at such rate and for such peri• •d as the 
Gov('rnment mav, by notificatton in the Gazette, declare to be necessary for 
the recovesy of tht' amoun1s exprnded upon sucn bridge by the Government, 
or such porthn th,.r ·of as m 'Y be decided by the Government, together 
with inte: e't at such rate as they may fix. · 
• Received the as~ent of the Gove·nor on lhe 23rd Januarv 1977 and 
published m the Kerala Gazette No. 49 dated 25th January, 1977 
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(3) Th,. Government may place the cc.liection of th~ toll under the 
management of such person as m~y appear ~o them proper; and all persons 
employed in the management and collection of the to] I shall be liable to the 
same respomibdities as would belong to them lf employed in the collection 
of ba,ic tax. 
Explanatwn.-In this sub-section, 'basic tax• means the b.1sic tax p.syable 
under the Kerala Land Tax Act, 1961 (13 of 1961). 
(4) The Government may farm out the collection of the toll and m 
such a ca~e the farmer and his a~ents and servants shall be deemed to be 
persons appointed to collect the toll under this Act. 
4 Recovery of foll.-(1) Where any toll is not paid on demand, the 
officer appointed to collect the same ~hall seize any motor vehicle on which it 
is chargeable or any goods earned by such motor vehicle and if the toll re­
mains Ul•Daid tor twenty-four hours with the cost arising from such seizure, 
the case shall be brought before an officer appointed by the Government by 
notification in l he ~ azett~ to superintend the collection of the toll. 
(2) Wf;:r(' a case is brought bef~re an officer under ·~~b-sectton (1), 
he m y se II the property se1zed for discharge of the toll and all expenses occa­
sioned by ~uch non-paymmt, seizure and sale of the prop:.:rty in public 
auctJOn, and any balance that may remain after such discharge shall be 
returned •m demand to the owner of the mc.tor vehicle or goods, as the case 
may be: 
Provtded that if at any time before the sale has actu~lly begun, the 
per, on whose property has been seized tenders the amount ol all the expens~s 
in· urred and double the toll payable oy h•m, the property seized shall forth-
with be released. · 
5. Exemptzon.-No toll shall be payable for the passage of any motor 
vehicle belonging to the Government of Kerala or the Government of lndta. 
6. Asszstance by police offrcers.-Ail police officers shall be bound toas~ist 
the toll coli! c•ors, whm reqUJred, in the execution of thts Act, and•for that 
purpose shall havr the san c power whtch they h:~.ve in the exercise of their 
ordinary pol.ce duties. . 
7. Power to compound tol!s.-Any pe·~on entrusted with the mdnagement 
and coJlecrion of the toll mc~.y compound f,-.r any 1 enod not exceeding one 
year wtth any Person fur a cerlatn ~urn to b;: paid by ~uch person for him~elf 
or for any motor vehicle kept by him, 1 • lieu ,.f tht ra!es of t Jll auttori ed 
to be levied under thic; Act, <~nbJeCt ro su<-h cond•tlonsand restrictions as may 
be prescnbcd. 
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8. Pmalties.--( I) Every person, other than any person appointed to . 
collect toll, who levies or demanrls any roll on any br,dge shall, on conv.cti 1n 
by a M tgistrate,be liable to rmpri;onment for a term w·uch m ty cxre11d to 
six months, or with fine which may extend tn two hundred rupees, or w1th 
both. 
(2) E"ery per3on who unlawiullv dernandi or rakes any other or 
higher toll than the l<lwful t•>ll, or under thP c 1lour of this Act sei~es or sells 
any propertv knowing such sei/ure or sa'e to be U"lawful, or in any m~nuer 
unlawfully extorts money or any valuable thing from anv person'under colour 
of this Act, shall, on con~iction by a M 'gisrrace, be lt ... blt: ro impr sunment 
for a term which may extend to six months, or with fine whh.h may exteud 
to two hundred rupees, or with both. 
(3) Whoever-
(a) attempts to cross any bridge without paying the toll payable 
by him under this Act; or 
(b) obstructs any officer or other person in the discharge of his 
duties imposed by or under this Act, 
shall on conviction by a Magistrate, be liable to a fine which rna} extend to 
one hundred rupees. ' 
(4) No Magistrate shall take cognisance of any offence under thia 
Act except on a com ,taint in writing m1.1de by an officer authorised by the 
Government in th1s behalf. 
9. Exhibition of table of tolls and statement of penalties.-A table of the 
tolls authorised to be t.,ken in re~pect ol a brrdge shall be put up m a con­
spicuous place ncar the entrance 10 such bridge legibly writtt nor prmted in 
English words .:nd figures and also m thme of the regional language. 
10. Bar to proceedzngs.-No ~uit, prosecution or other l .. gal proceeding 
ahall lie against any officer or other person for anything which is in good 
faith done or intended to be done unJer this Ac:t . . 
11 . Power to make rules.-( 1) The Government may, by notification 
in the Gazette, make rules for the purpose of carrying mto effect the provi­
sions of this Act. 
(2) In particular, and without prejudice to the generality of the fore-
going power, such rules may provide for-
(a) determination of the rate of levy of the toll; 
(b) method of collection of the toll; 
(c) any other matter which has to be, or may be, prescribed. 
(3) Every rule made under this Act shall be laid, as soon as may be 
after it h made, beLre the Legislative Assembly for a period of fourteen days 
which may be comprised in one session or in two successive sessions and if 
before the expiry of the session in wh rch it is so laid rr the session immediatdy 
following, the Legislative Assembly makes any modification in the rule or 
34/430JB. 
d~cides tnat'the rule should not be inade, tht rule' shall thereafter have effect 
only in such modtfied fohri or be of no effect, ' 8 the case may be; so however 
that any such modificatiOn or annulment shall be Without prejudtce to the 
validity ( f anything previously done under that rule. 
12 Establtsh".ent of Bridges and Roads Fund and lts uti/ isahon.-( l) On 
the rommenceinent of this Act, there shall b¢ establislied a fund to be called 
the Kerala State Bridges and Roads Fund (hereinafter in th1s section referred 
to as the Bridges and Roads Fund). 
(2; The proceeds of the toll levied and collected under this Act 
together with the fines, interest and fees recovered thereundet shall first be 
credited to tht> Consolidated Fund of tl e Statt" and, after deducting the 
expenses of collection and recovery as determined by the Government, the 
remaming amount shall, under appropriation duly made by law in this 
behalf, be entered mto and transferred to the Bndges and Roads Fund. 
(3) Any amount transferred lo the Bridges and Roads Fund shall 
be charged on the Consolidated Fund of the State. . 
( 4) No sum shall b€. paid or applied from and otit of 'the Bridges and 
Roads Fund except m the manner and for the purpose pt ovided in sub-
sections (5) and (6). \ 
(5) The amount stmding to the credit of the Bridges and Roads 
Fund shall be expended in such manner and subject to such conditions as 
may be prescribed for the purpose of constructing bridges and roads. 
(6) The Bridges and Roads Fund shall be held and administered on 
behalf of the Government by the Chief Engineer in charge of roads and 
bridges in the State subject to such general or special d1rection as may be 
given by the Government from time to time. 
. 13 Powe1 to remove difficulttes.-If any difficulty arises in giving effect to 
the provi~io•·s of this Act, the Governmen•, may, as occasion mJ.y require 
by order do anythmg, not incorsisi:cnt With the provisiOns of thts Act, v.hich 
appears to them necessary tor the purpose of removing the difficulty. • 

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