The rajasthan motor transport vehicles toll act, 1991

The Rajasthan Motor Transport Vehicles Toll Act, 1991 
(Act No. 12 of 1991) 
 
[Received the assent of the Governor on the 23rd day of September, 1991; Assent first published 
in Rajasthan Gazette Extra, Part 4(Ka), dated 24-9-1991.] 
An 
Act 
to provide for the levy of toll on certain Motor Vehicles entering in the State of Rajasthan and for 
matters connected therewith or incidental thereto. 
Be it enacted by the Rajasthan State Legislature in the Forty -second Year of the Republic 
of India as follows,- 
1. Short title, extent and commencement.  - (1) This Act may be called the Rajasthan 
Motor Transport Vehicles Toll Act, 1991. 
(2) It shall extend to the whole of the State of Rajasthan. 
(3) It shall come into force on such date as the State Government  may, by notification in 
the official Gazette, appoint. 
2. Definitions. - In this Act, unless the context otherwise requires,- 
(a) "Barrier" means a barrier established under section 4 of the Act; 
(b) "Day" means a calendar day; 
(c) "Motor Transport Vehicles" means Stage Carriage, Contract Carriage or Goods 
Carriage as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988); 
(d) "Operator" means any person whose name is entered in the permit in respect of 
the Motor Transport Vehicles as the holder thereof and includes any person for the time 
being in charge of the vehicle; 
(e) "Toll" means the toll levied under section 3 of the Act; 
(f) "Toll Tax Officer" means such officer or officers, as the State Government 
may, by notification in the Official Ga zette, appoint to be the Toll Tax Officer for the 
whole of the State of Rajasthan or for any area or areas thereof for the purposes of this Act 
and includes Taxation Officer appointed under the Rajasthan Motor Vehicles Taxation 
Act, 1951 (Act No. 11 of 1951); and 
(g) Words and expressions used and not defined in this Act but defined in the 
Motor Vehicles Act, 1988 or Central Motor Vehicles rules, 1989 or Rajasthan Motor 
Vehicles Rules, 1990 shall have the respective meanings assigned to them in the said Act  
or Rules as amended from time to time. 
3. Levy of Toll.  - [(1) There shall be levied and paid to the State Government a toll on 
every entry in the State of Rajasthan of motor transport vehicle, plying under a permit granted or 
deemed to have been granted under the Motor Vehicles Act, 1988 by an authority having 
jurisdiction outside the State of Rajasthan at such rate not exceeding rupees two hundred per 
vehicle as the State Government may, by notification in the Official Gazette, specify from time 
to time; 
Provided that where toll has been paid in respect of the entry of a vehicle no toll shall be 
levied for any subsequent entry thereof on the same day.] 
(2) The toll shall be paid by the operator of the Motor Transport Vehicles. 
4. Establishment of barriers . - For the purpose of collection of toll, the State 
Government shall, by notification in the Official Gazette, establish barrier at such places as may 
be specified in the notification. 
5. Prohibition of entry without paying toll.  - The Motor Transport Veh icles liable to 
pay toll under section 3 of the Act shall not be allowed to enter or ply in the State unless the toll 
is paid and the Toll Tax Officer shall have the powers to prevent the entry or plying of such 
vehicles in contravention of provisions of this Act. 
6. Powers to stop and seize.  - (1) Whenever 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 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) has 
reason to believe- 
(a) that the toll has not been paid, he may detain the vehicle or any part or accessory 
thereof which is considered sufficient in his opinion for realisation of the toll until 
the toll is paid, or 
(b) that any breach of the provisions of this Act has been committe d, detain the 
vehicle or any part or accessory thereof which is considered sufficient in his 
opinion for realisation of the toll and also for maximum amount of penalty 
leviable under section 7, until cash security equivalent to such amount is 
furnished: 
Provided that no action under this sub -section shall be taken unless the operator of the 
vehicle has been given a reasonable opportunity of being heard. 
(3) The vehicle so detained or the security so deposited shall be dealt with in such manner 
as may be prescribed by rules. 
7. Penalty. - (1) Whenever 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 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 two hundred and fifty rupees: 
Provided that no such order shall be made unless the person has been given a reasonable 
opportunity of being heard. 
(2) Any person aggrieved by an order made under this section may, within thirty days 
from the communication of such order to him, prefer an appeal against such order to such 
appellate authority as may be prescribed and the order of such authority shall be final. 
8. Manner of levy, payment and collection of toll etc.  - (1) Toll shall be levied, paid 
and collected in such manner as may be prescribed by rules. 
(2) Without prejudice to the provision of sub -section (1) any toll, penalty or other dues 
recoverable under this Act which are not paid within fifteen days of their becoming due, may be 
realised as arrears of land revenue. 
9. Power of State Government to exempt from toll.  - The State Government may, by 
notification in the Official Gazette, subject to such conditions, if any, and for such period as may 
be specified in the notification, exempt in whole or in part any motor transport vehicle or any 
class of motor transport vehicle from the payment of toll. 
10. Protection of action in good faith.  - No suit, pr osecution or other legal proceeding 
shall lie against any person for anything which is done in good faith or purported to be done, in 
pursuance of the provisions of this Act and the rules made thereunder. 
11. Power to make rules.  - The State Government may , by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act. 

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