The Punjab Motor Transport Vehicles (Toll) Act, 1992

PUNJAB GOVT GAZ. (EXTRA.), JAN. 27, 1993 (MAGHA 7, 1914 SAKA) 
PART ! 
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB Notification The 37th January, 1993 No 9-Leg/93.--The following Act of the Legislature of the State of Punja') received the assent of the Governor of Punjab on the th aauary, 1993, and is hereby published for general information: rHE PUNJAB MOTOR TRANSPORT VEHICLES (TOLL) ACT, 1992 (PUNJAB ACT NO. 9 OF 1993) 
AN 
ACT 
31 
to nrovide for the levy and collection of tolls on certain motor transport, vehicles entering the limits of the State of Punjab and for matters incidental thereto and connected therewith. BB it enacted by the Legislature of the State of Punjab in the Forty third Year of the Republic of India as follows : 
1. () This Act may be called the Punjab Motor Transport Vehicles (Toll) Act, 1992. 
(2) It shall come into force at once in whole of the State of Punjab. 
2. In this Act, unless the context otherwise requires, 
(a) "barrier" means a barrier established under Section 4 of this Act : 
(6) "notor transport vehicle" means a stage carriage or a goods carriage or a public service vehicle or a contract carriage vehicle; 
(c) *0perator means any person whose name is entered in the 
permit in respect ofa motor transport vehicle as the holder thereof and includes any person for the timne being incharge of the motor transport vehicle ; 
(d) "prescribed" means prescribed by rules made under this Act; 
(e) *toll" means the toll levicd under Section 3 : 
() "Toll Tax Oficer" means such Officer, as the State Government 
may, by notification, appoint to be the Toll Tax Officer for 
the whole of the State of Punjab or for any area or arcas there 
of for the purposes of this Act ; and 
(8) words and expressions used and not defined in this Act but defined in the Motor Vehicles Act, 1988 (Central 
Act 59 of 1988), shall have the respective mcanings assigned to them in that Act. 
() There shall be levied and paid to the State Government a 
the every motor transport vehicle plying under a permit granted under e Motor Vehicles Act. 1988 (Central Act 59 of 1988) by an authority having Jurisdiction outsidc the State of Punjab, entering the limits of the State of Punjab, at such rate not exceeding thrce hundred rupees per motor 
POot vehicle, as the State Government may, by notification specify : Provided that different rates may be specified for different categories of motor transport vehicles : 
Short title 
and Com 
mengsment. 
Levy of toll, 
PUNJAB GOVT GAZ. (EXTRA), JAN (MAGHA 7," 1914 SAKA) 3 
™ PART 1 
pEPARTMENT OF LEGAL AND LEGISLA fl S en 3 TIVE AFFAIRS, 
7 leat in 
[3] Tt January, 1993 
No. 9-Lg/9% —The following Act of fhe Legislature of the State of pyniah Teceive the assent of the Governor of Punjab on th ath January, 1993, and is hereby published for general information: — 
THE PUNJAB MOTOR TRANSPORT VEHICLES (TOLL) ACT, 1992 
(PUNJAB ACT NO. 9 OF 1993) 
AN 
ACT 
to provide for the levy and collection of tolls on certain motor trans 
vehicles entering the limits of the State of Punjab and for 
matters incidental thereto and connected therewith. 
Beit enacted by the Legislature of the State of Punjab in th - 
third Year of the Republic of India as follows :— atl isi 
1. (I) This Act may be called the Punjab Mot vehicies (oll) Act. 1992. nja otor Transport 
(2) It shall come into force at once in whole of the State of Punjab. 
2. Inthis Act, unless the context otherwise requires,— 
(a) “Deter means a barrier established under Section 4 of this 
ct ; 
(b) “motor transport vehicle” means a stage carriage or a goods 
carriage or a public service vehicle or a contract carriage 
vehicle ; 
(¢) “Operator” means any person whose name is entered in the 
permit in respect of a motor transport vehicle as the holder 
thereof and includes any person for the time being incharge 
of the motor transport vchicle ; 
(d) “prescribed” means prescribed by rules made under this Act ; 
(e) “toll” means the toll levied under Section 3 ; 
(f) “Toll Tax Officer” means such Officer, as the State Government 
may, by notification, appoint to be the Toll Tax Officer for 
the whole of the State of Punjab or for any area or areas there- 
of for the purposes of this Act ; and 
(2) words and expressions used and not defined in this Act but 
defined in the Motor Vehicles Act, 1988 (Central 
Act 59 of 1988), shall have the respective meanings assigned 
to them in that Act. 
tol 3. (I) There - shall be levied and paid to the State Government a 
. i, every motor transport vehicle plying under a permit granted under 
avi Lor Vehicles Act. 1988 (Central Act 59 of 1988) by an authority 
ing jurisdiction outsicc the State of Punjab, entering the limits of the 
— of Punjab, at such rate not exceeding tiree hundred rupees per motor 
port vehicle, as the State Government may, by notification specify : 
of provided that different rates may be specified for different categories 
otor transport vehicles : 
Short title 
and Com- 
menecement, 
Levy of toll.
Establish 
ment of 
barriers. 
Prohibition 
of entry 
without 
paying toll. 
32 PUNJAB GOVT GAZ. (EXTRA.), JAN. 27, 1993 
(MAGHA 7, 1914 SAKA) 
Provided further that where the toll has been paid once in respect of 
the entry of a motor transport vehicle, no toll shall be levied for any subscquernt entry on the same day of such vehicle. 
(2) The toll payable under sub-section (7), shall be paid by the 
operator of the motor transport vehicle. 
4. For the purposes of collection of the toll levied under this Act, the State Government shall, by notification, establish barriers at such places on the State boundaries, as may be specified in the notification. 
5. (1) No motor transport vehicle in respect of vehicle toll under section 3 is leviable, shall be allowed to enter or ply in the State of Punjab, unless the toll under this Act in respect thercof, has becn paid. 
(2) The Toll Tax Officer shall have the power to prevent the entry or plying of such motor transport vehicle in contravention of the próvisions 
of sub-section (/). 
6. (I) When so required by the Toll Tax Officer or any other person authorised by him in this behalf, the driver of a motor transport vehicle 
shall stop the vehicle whether at the barricr or any other place within the 
State and keep it stationary fora reasonable period in order to enable the 
Toll Tax Officer or the person authorised by him in this behalf to satisfy 
himself that the toll, if payable, has been duly paid and that provisions 
of this Act have been complicd with. 
(2) When the Toll Tax Officer or the person authorised by him under 
sub-section (), has reason to believe, aftcr giving the driver of the motor 
transport vehicle a reasonable opportunity of being heard, 
(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 motor transport vehicle or any part or accessory thereof 
sufficient in his opinion for realisation of the maximum amount of penalty 
leviable under Section 7, until the toll is paid or cash security cquivalent 
to such amount is furnished. 
(3) The things detained or the sccurity furnished in terms of the 
provisions of sub-scction (2), shall be dealt within such manner, as may be 
prescribed. 
7. If the Toll Tax Officer is satisficd aftcr making such cnquiry. 
as he may deem necessary, that any person Jhas committcd a breach of 
any of the provisions of this Act, or the rules made thereunder, he may 
order that such person shall pay by way of penalty in addition to the 
tol, if any, payable by him, a sum, not excecding five hundred rup:es : 
Provided that no such order slell be made unless suclh perSon 
8. Any person aggrieved by an order under Section 7 may, within 
thirty days from the commu:ication of such order to him, prefer an 
appeal against such order to such appellate authority as may be pres cribed and the order of such appel'aie authority shall be final. 
has been given a rea sonable opportunity of being heard. 
Establish- 
ment of 
barriers, 
Prohibition 
of entry 
without 
paying 
toll. 
32 PUNJAB GOVT GAZ. (EXTRA.), JAN. 27, 1993 
(MAGHA 7, 1914 SAKA) 
Provided further that where the toll has been paid once in respect of the entry of a motor transport vehicle, no toll shall be levied for any 
subsequent entry on the same day of such vehicle. 
(2) The toll payable under sub-section (I), shall be paid by the operator of the motor transport vehicle. 
4. For the purposes of collection of the toll levied under this Act, the State Government shall, by notification, establish barriers at such places on the State boundaries, as may be specified in the notification. 
5. (I) No motor transport vehicle in respect of vehicle toll under section 3 is leviable, shall be allowed to enter or ply in the State of Punjab, unless the toll under this Act in respect thereof, has been paid. 
(2) The Toll Tax Officer shall have the power to prevent the entry or plying of such motor transport vehicle in contravention of the provisions of sub-section (7). 
6. (I) When so required by the Toll Tax Officer or any other person authorised by him in this behalf, the driver of a motor 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 the Toll Tax Officer or the person authorised by him in this behalf to satisfy himself that the toll, if payable, has been duly paid and that provisions of this Act have been complied with. 
(2) When the Toll Tax Officer or the person authorised by him under sub-section (1), has reason to believe, after giving the driver of the motor transport vehicle a reasonable opportunity of being heard,— 
(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 motor transport vehicle or any part or accessory thereof sufficient in his opinion for realisation of the maximum amount of penalty leviable under Section 7, until the toll is paid or cash security equivalent 
to such amount is furnished. 
(3) The things detained or the security furnished in terms of the provisions of sub-section (2), shall be dealt within such manner, as may be 
prescribed. 
7. If the Toll Tax Officer is satisficd 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 made thereunder, he may 
order that such person shall pay by way of penalty in addition to the 
toll, if any, payable by him. a sum, not exceeding five hundred 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 under Section 7 may, within 
thirty days from the commurication of such order to him. prefer an 
appeal against such order to such appellate authority as may be pres- 
cribed and the order of such appel'ate authority shall be final.
PUNJAB GOVIT GAZ. (EXTRA.), JAN. 27, 1993 (MAGRA 7, 1914 SAKA) 
9. (1) The toll under this Act shall be levied, paid and collected in 
such nanner, as may be prescribed. 
33 
(2) Without prejudice to the provisions of sub-section (1), any toll, 
penalty or other dues recoverable under this Act, if not paid within fifteen 
days of its becoming due, may be realised as arrears of land revenue. 
10. The State Government may, by notification, subject to such 
conditions, if any, and for such petiod, as may be specified in the notifica 
tion, exempt any motor transport vehicle or any class of motor transport 
vehicles from the levy and payment of toll either wholly or partially. 
11. Notwithstanding anything contained in this Act, where any reci 
procal agreement relating to levy, collection and payment of the toll is 
entered unto by the State Government with any other State Government, 
or the Central Government, the levy, collection and payment of the toll 
shall be in accordance with the terms and conditions of such agreement : 
Provided that the toll so levied shall not exceed the toll which would 
have otherwise been levied under the provisions of this Act. 
12. No suit, prosecution or other legal proceedings shall lie against 
any person for anything which is done in good faith or purported or inten 
ded to be done in pursuance of the provisions of this Act or the rules made 
thereunder. 
13. (I) The State Government may, by notification, make rules for 
carrying out the purposes of this Act. 
(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 
one session or in 
for a total period of ten days, which may be comprised in 
two or more successive sessions, and if, before the expiry of the session in 
which it is so laid or the successive sessions aforesaid, 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 modi 
fied 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 or omitted to be done under that rule. 
14. () The Punjab Motor Transport ehicles (Toll) Ordinance, 
1992 (Punjab Ordinance No. 7 of 1992), is hereby repealed. 
(2) Not withstanding such repeal, anything done or any action taken 
under the Ordinance referted to in sub-section () shall be deemed to 
have been done or taken under this Act. A. S. GILL, 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
Manner of 
levy, pay 
ment and 
collection 
of toll. 
Power of 
State 
Goyern 
ment to 
exempt 
from toll. 
Reciprooal agreement. 
Protection of action 
taken in 
good fafth. 
Power to 
make rules. 
Repeal and 
saving. 
PUNJAB GOVT GAZ . (EXTRA. (MAGHA 7, 1914 Sama: 27 1993 5 
9. (I) Thetoll under this A 
t . . H Ch an, our an Ac shall be levied, paid and collected in 
@ Without prejudice to the provisions of sub-section (7), any toll, pen y ore or ; ues recoverable under this Act, if not paid within fifteen 
ays s becoming due, may be realised as arrears of land revenue. 
10. The State Government may, by notification, subject to such 
conditions, if any, and for such period, as may be specified in the notifica- 
tion, exempt any motor transport vehicle or any class of motor transport 
vehicles from the levy and payment of toll either wholly or partially. 
11. Notwithstanding anything contained in this Act, where any reci- 
procal agreement relating to levy, collection and payment of the toll is 
entered unto by the State Government with any other State Government, 
or the Central Government, the levy, collection and payment of the toll 
shall be in accordance with the terms and conditions of such agreement : 
Provided that the toll so levied shall not exceed the toll which would 
have otherwise been levied under the provisions of this Act. 
12. No suit, prosecution or other legal proceedings shall lie against 
any person for anything which is done in good faith or purported or inten- 
ded to be done in pursuance of the provisions of this Act or the rules made 
thereunder. 
13. (I) The State Government may, by notification, make rules for 
carrying out the purposes of this Act. 
(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 or more successive sessions, and if, before the expiry of the session in 
which it is so laid or the successive sessions aforesaid, 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 modi- 
fied 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 or omitted to be done under that rule. 
14. (I) The Punjab Motor Transport Vehicles (Toll) Ordinance, 
1992 (Punjab Ordinance No. 7 of 1992), is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the Ordinance referred to in sub-section (J) shall be deemed to 
have been done or taken under this Act. 
A. S. GILL, 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
Manaer of 
levy, Pay- 
ment and 
collection 
of toll. 
Power of 
State 
Govern- 
ment to 
exempt 
from toll. 
Reciprocal 
agreement. 
Protection 
of action 
taken in 
good faith. 
Power to 
make rules. 
Repeal and 
saving.

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