The tolls on roads and bridges act, 1875 (as modified upto the 10th may 2016)

  
GOVERNMENT OF MAHARASHTRA 
LAW AND JUDICIARY DEPARTMENT 
BOMBAY ACT No. III OF 1875 
THE TOLLS ON ROADS AND BRIDGES 
AGT, 1875 
(As modified upto the 10th May 2016) 
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT Press, WAI AND PUBLISHED 
BY THE Director, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 
MAHARASHTRA STATE, MuMBAL-440 004. 
2016 
[ Price—Rs. 10-00 ]
1875 : Bom. II] 
THE TOLLS ON ROADS AND BRIDGES ACT, 1875 
CONTENTS 
PREAMBLE. 
SECTIONS. 
— Repeal of Act VII of 1851... 7 . 
2. [Repealed]. “ as 
3. Rates of tolls to be levied. 
“Persons” defined. 
4. Procedure in case of non-payment of tolls. 
5. Exemptions from toll. 
Provincial Government may grant other exemptions. 
6. Police-officers bound to assist toll-collectors. 
7. Penalty on unauthorised person demanding tolls and for illegal demand. 
8. Table of tolls to be put up at gate or station. .. # 
9. Collectors of tolls may compound for tolls... 7 
10. Power of Provincial Government to lease the levy of tolls. 
11. Acts of lessee or his agent. 
12. . [Repealed]. 
SCHEDULE. 
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Page
1875 : Bom. Il] Tolls on Roads and Bridges Act, 1875 
BOMBAY ACT No. III OF 1875.' 
[THE TOLLS ON ROADS AND BRIDGES ACT, 1875.]' 
[28th December 1875] 
Repealed in part, by Act 16 of 1895; 
” ” ” ” ”  2of 1901; 
4 e a ” 3 of 1886; 
Repealed in part (except in the City of Bombay), by Bom. | of 1884. 
Amended by Bom. 5 of 1881. 
Amended (except in the City of Bombay) by Bom. | 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? Act 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 the 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. *Act VII of 1851 is hereby repealed in so far as it affects the Presidency of Preamble. 
Bombay. 
2. [Act XV of 1864 deemed to have been extended to Bombay Presidency from 30th Repeal of Act 
July, 1864] Rep. Act XVI of 1895. VIII of 1851. 
3. The “[Provincial Government] may cause such rates of tolls, not exceeding Rates of tolls 
the rates mentioned in the Schedule annexed to this Act, to be levied upon any to be levied. 
road or bridge which has been or shall hereafter be made or repaired at the 
expense of [the Crown] or from funds collected under the provisions of ‘Bombay 
Act III of 1869 or other funds levied under the authority and subject to the general 
  
' For Statement of Objects and Reasons, see Bombay Government Gazette, 1875, Pt. V, p. 92, 
and for Proceedings in Council, see ibid, pp. 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 levied within any local area notified under the 
Bombay Highway Act, 1883 (Bom. | 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. 
The Indian Tolls Act, 1864, Central Acts. 
3 The Indian Tolls Act, 1851, Central Acts. 
* 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 words “The Government” by the Adaptation 
of Indian Laws Order in Council. 
6 See now Bom. 6 of 1923. 
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w
“Persons” 
defined. 
Procedure in 
case of non- 
payment of 
tolls. 
Exemptions 
from toll. 
Provincial 
Government 
may grant 
other 
exemptions. 
2 
Tolls on Roads and Bridges Act, 1875 [1875 : Bom. III 
control '[of the Provincial Government], and may place to the collection of such 
tolls under the management of such persons as may appear to “[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 3* 
“[Clause 2.— The word “persons” in this section shall be deemed to include local 
boards established under the "Bombay Local Boards Act, 1884.] 
4. In case of non-payment of any such toll on demand, the officers appointed 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 chargeble, of sufficient, value to defray the 
toll, or, in the event of the burden or load being insufficient, such carriage 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 collect 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 all the expenses incurred, and of 
double the toll payable by him, the said officer shall forthwith release the property seized. 
6x * * * * * of 5. No tolls shall be paid for the passage 
Police-Officers on duty, or of any person or property in their custody. And it shall 
further be lawful for ‘[the Provincial Government], by notification in the * [Official 
Gazette], to grant and define other exemptions from payment of the tolls levied under 
this Act. 
  
' The words “of the Provincial Government” were substituted for the words “of Government” 
by the Adaptation of Indian Laws Order in Council. 
i The word “it” was substituted for the word “him”, by the Adaptation of Indian Laws Order 
in Council. 
* The words “until such rates of tolls shall be fixed by the Governor in Council, the tolls now 
levied shall continue to be levied by persons under whose management the same are now, 
collected who shall be held to have been appointed under the provisions of this Act,” were 
repealed by the Amending Act, 1895 (16 of 1895). 
* Clause 2 was substituted by s. 77 of the Bombay Local Boards Act, 1884 (Bom. | of 1884), 
which is repealed by Bom. 6 of 1923. 
5 See now Bombay Local Boards Act, 1923 (Bom. 6 of 1923). 
6 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). 
7 The words “the Provincial Goverment” were substituted for the words “His Excellency the 
Governor in Council” by the Adaptation of Indian Laws Order in Council. 
* The words “Official Cazette” were substituted for the words “Government Gazette” by the 
adaptation of Indian Laws Order in Council. 
Bom. 
1884. 
of
1875 : Bom. II] Tolls on Roads and Bridges Act, 1875 
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 public road or bridge, or for passing 
through any bazar 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, knowing 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 '* * * for any term not exceeding six ** * 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 authorised 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 which 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 conspicuous 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 for 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. 
*110. It shall be lawful for the “(Provincial Government] to lease to 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 for a longer period not exceeding seven years on such terms and conditions 
as the “[Provincial Government] may deem desirable : 
Provided that the lessee shall give security for the due fulfilment 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.] 
*[11. When the tolls on any public road have been duly leased, the lessee, and every 
person employed by the lessee as his agent for collecting the tolls, shall be deemed 
  
' The words “of either description” and the word “ Calendar” 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. | of 1904). 
The words “of either description” and the word “calendar” 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. | of 1904). 
3 Ss. 10 and 11 were inserted by s. 2 of the Tolls on Roads and Bridges (Amendment) Act, 1881 
(Bom. 5 of 1881). 
4+ The words “Provincial Government” were substituted for the word “Government” by the 
Adaptation of Indian Laws Order in Council. 
5 Ss. 10 and 11 were inserted by s. 2 of the Tolls on Roads and Bridges (Amendment) Act, 1881 
(Bom. 5 of 1881). 
n 
Police-officers 
bound to assist 
toll-collectors. 
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.
4 
Tolls on Roads and Bridges Act, 1875 [1875 : Bom. III 
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.] 
'12. [Application of tolls.] Rep. Bom. I of 1884. 
  
SCHEDULE 
  
On every four-wheeled carriage on springs 
On every two-wheeled carriage on springs 
oo oD 
ooryn 
Ww o OF 
On every ekka or hackery on springs 
On every cart and hackery not on springs drawn by 8 
bullocks, buffaloes, horses, ponies, asses or 
mules, if laden . . 
Ditto, if not laden . . 0 8 O 
— 
Oo 
jo} 
On every cart and hackery not on springs drawn by 6 
bullocks, buffaloes, horses, ponies, asses or 
mules, if laden = 7 12 
Ditto, if not laden . . 0 6 O 
oO 
Oo 
On every cart and hackery not on springs drawn by 4 
bullocks, buffaloes, horses, ponies, asses or 
mules, if laden . . 
Ditto, if not laden . . 0 4 #0 
o 
oo 
oO 
On every cart and hackery not on springs drawn by 2 
bullocks, buffaloes, horses, ponies, asses or 
mules, if laden 
Ditto, if not laden 
Buffaloes, or bullocks, per head, if laden 
Ditto, ditto if not laden 
On every elephant 7 
On every camel, if laden 
Ditto, if not laden 
NY fF oO OF NA 
On every horse, if laden or ridden 
Ditto, unladen or led 
oo oc fr OO OSC 
wo On ood AD CoO 
On every pony or mule, if laden or ridden 
Oo 
Oo 
  
1 §. 12 which is repealed by s. 2 and Schedule to the Bombay Local Boards Act, 1884 (Bom. | 
of 1884), except in the City of Bombay, is as follows :— 
“The net 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 net proceeds of tolls and leases of 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”.
5 
1875 : Bom. I] Tolls on Roads and Bridges Act, 1875 
SCHEDULE—Contd. 
  
On every pony or mule, unladen or led 
On every ass, if laden or ridden 
wn aA av 
Ditto, unladen or led 
On every sheep or goat or pig 
eo oo oof 
On every palankin, duli, palna or tonjon, with 8 bearers 
Ditto ditto ditto with 6 bearers 12 
Ditto ditto ditto with 4 bearers 
OoOorc¢ecescoes 
n 
oo fo 
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. 
  
PRINTED AT THE GOVERNMENT PRESS, WAI 
G. P. Wai-4 Pages 2,540 Bks.—05-2016-H-83* 
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