The ODISHA TRANSPORT VEHICLES (LEVY OF TOLL) ACT, 1992

*THE ORISSA TRANSPORT VEHICLES (LEVY OF
TOLL) ACT, 1992
ORISSA  ACT 13 OF 1992
Received the assent of the Governor on the 17th March 1992, first published in an
extraordinary issue of the Orissa Gazette, dated the 21st March 1992
AN ACT TO PROVIDE FOR THE LEVY OF TOLL ON CERTAIN MOTOR
VEHICLES ENTERING INTO THE STATE OF ORISSA AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Orissa in the Forty-third
Year of the Republic of India as follows:-
1.  (1) This Act may be called the Orissa Transport Vehicles (Levy of Toll)
Act, 1992.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by
notification, appoint.
2. Definitions.:- In this Act, unless the context otherwise requires:-
(a) "barrier" means a barrier established under section 4 and includes
a check post or a barrier established or set up under the Orissa
Sales Tax Act, 1947;
(b) "day" means a period from 12'O clock mid-night to the 12'O clock
mid-night next;
(c) "operator" means any person whose name is entered in the permit
in respect of a transport Vehicle as the holder thereof and includes
any person for the time being in charge of such Vehicle;
(d) "prescribed" means prescribed by rules;
(e) "rules" means rules made under this Act 59 of 1988
(f) "Regional Transport Officer" means an officer appointed as such
under the rules made by the State Government under the Motor
Vehicles Act, 1988;
* Published vide Orissa Act 13 of 1992
For the Bill, see Orissa Gazette, Extraor dinary, dated the 18th Febr uary 1992 (No.
153)
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date :  21st March 1992
Definitions
Short title,
extent and
commencement:
Orissa Act
14 of 1947
69 of 1988
2
(g) "toll" means the toll levied under section 3;
(h) "Toll Tax Officer" means any officer as the State Government may,
by notification, appoint to be the Toll Tax Officer for the whole of
Orissa or any area or areas thereof for the purposes of this Act, and
includes a taxing officer under the Orissa Motor Vehicles Taxation
Act, 1975;[Orissa Act 39 of 1975.]
(i) "transport vehicle" means a stage carriage, a contract carriage or a
goods carriage;
(f) words and expression used and not defined in this Act but defined
in the Motor V ehicles Act, 1988 shall have the meanings as
respectively assigned to them in that Act.
3.  (1) There shall be levied a toll on every transport vehicle registered in
any State other than Orissa, which enters into Orissa, at such rate not exceeding
one hundred fifty rupees per vehicle as the State Government may, by notification,
specify:
Provided that where toll has been paid once in respect of the entry of a
vehicle no toll shall be levied for any subsequent entry of the vehicle on the same
day.
(2) The toll shall be paid by the operator of the transport vehicle.
4. For the purposes of collection of toll, the S tate Government may, by
notification, establish barriers at such places on or near the boundary of the
State as may be specified in the notification.
5.  No transport vehicle liable to pay toll under section 3 shall be entered
into or plied in the State unless, the toll has been paid, and the Toll Tax Officer or
any officer of the Orissa Motor V ehicles Department shall have the power to
prevent the entry or plying of such vehicle made in contravention of the provisions
of this Act.
6.  (1) When so required by the Toll Tax Officer or any other person
authorised by him in this behalf or any Of ficer of the Orissa Motor V ehicles
Department, the driver of a transport vehicle shall stop the vehicle whether at the
barrier or any other place within the State and keep it stationary for a reasonable
period in order to enable any such officer or the person so authorised, as the
case may be, to satisfy himself that the toll, if payable, has been paid and that
other provisions of this Act have been complied with.
(2) when the Toll Tax Officer or the person authorised by him under sub-
section (1) or any Officer of the Orissa Motor Vehicles Department has reason to
believe-
(a) that the toll has not been paid; or
(b) that any breach of the provisions of this Act has been committed,
he may detain the vehicle or any part or accessory thereof, sufficient in
his opinion for realisation of the toll or, as the case may be, the maximum amount
of penalty leviable under section 7 for such commitment, until the toll or, as the
Levy of toll
Establishment
of barriers
Prohibition of
entry without
paying toll.
Powers to stop
and seize
Orissa Act
39 of 1975
69 of 1988
3
case may be, the penalty is p aid or, for the penalty, cash security equivalent
thereto is furnished:
Provided that no action under this sub-section shall be taken unless the
driver of the vehicle has been given a reasonable opportunity of being heard.
(3) The vehicle or any part or accessory thereof so detained or the security
so deposited shall be dealt with in such manner as may be prescribed.
7. If the Toll Tax Officer is satisfied after making such enquiry as he may
deem necessary that any person has committed a breach of any of the provisions
of this Act or the rules, he may order that such person shall p ay, by way of
penalty in addition to the toll, if any, payable by him a sum not exceeding two
hundred and fifty rupees:
Provided that no such order shall be made unless such person has been
given a reasonable opportunity of being heard
8.  Any person aggrieved by an order made under section 7 or any order of
detention of any transport vehicle or any part or accessory thereof made under
section 6, may, within thirty days from the date of communication of such order
to him, prefer an appeal to such appellate authority as may be prescribed and
the order of such appellate authority shall be final.
9.  (1) The toll shall be levied, paid and collected in such manner as may
be prescribed.
(2) Without prejudice to the provisions of sun-section (1) any toll, penalty
or other dues recoverable under this Act, if not p aid within fifteen days of it s
becoming due, may be recovered in the same manner as arrears of land revenue.
10. Notwithstanding anything contained in the foregoing provisions of this
Act, on application being made to that effect by an operator, a Regional Transport
Officer may accept a lump sum in lieu of the amount of toll that may be payable
in respect of a transport vehicle for a period of one month or a number of consecutive
months, to be paid in advance at such rate as may be prescribed:
Provided that any change in the rate of toll which may come into force
after the date of such lump sum payment in advance shall have the effect of
making a proportionate change in the lump sum amount paid in relation to the
part of the period during which such changed rate remains in force.
11.  The State Government may, by notification exempt in whole or in part
any transport vehicle or class of transport vehicles from the payment of toll for
such period and subject to such restrictions and conditions as may be specified
in the notification.
12.  Notwithstanding anything contained in this Act, where any reciprocal
agreement relating to levy collection and payment of the toll is entered into by
the State Government with any other State Government, the levy, collection and
payment of the toll shall be in accordance with the terms and conditions of such
agreement:
 Penalty.
Appeal.
Manner of levy
payment and
collection of toll
Lump sum
payment.
Power of S tate
Government to
exempt from Toll
Reciprocal
agreement.
4
Provided that the toll so levied shall not exceed the toll which would have
otherwise been levied under other provisions of this Act.
13. No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or purported or intended to be
done in pursuance of the provisions of this Act or the rules.
14.  (1) The State Government may, after previous publication, make rules
for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters, namely:-
(i) the manner of dealing with the vehicle or the part or accessory
thereof detained, or the security deposited under sub-section (3) of
section 6;
(ii) appellate authority to be prescribed under section 8;
(iii) the manner of levy, payment and collection of the toll under sub-
section (1) of section 9;
(iv) any other matter which has to be or may be prescribed.
____
Protection of
action taken
in good faith
Powers to
make rules

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