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Tolls Act, 1864

Tolls Act, 1864

Tolls Act, 1864

[ACT NO. 15 of 1864]

[24th March 1864]

STATEMENT OF OBJECTS AND REASONS

“The object of this Bill is to amend the Schedule annexed to Act VIII of 1851, which regulates the rates of Toll to be levied on Public Roads and Bridges throughout India. The Schedule in question has been found to be defective in some respects. The maxi- mum rates are many of them too low and certain provisions-such as one which en- acts that Toll is to be levied on carts and hackeries according to the diameter of the wheels-are oppressive and open a door to extortion on the part of the Toll Collectors. Altogether it is desirable that the Schedule should be revised and modified. In the Schedule which is annexed to the present Bill, the maximum rates which may be levied have been on the average somewhat increased, and such other modifications as experience has proved to be necessary have been introduced.”-Gaz. of Ind.

An Act to amend Act 8 of 1851 (for enabling Government to levy Tolls on Public Roads and Bridges)

Preamble

WHEREAS by Act VIII of 1851 (for enabling Government to levy Toils on Public Roads and Bridges) authority was given for the levy of certain rates of toll 1[* * *]; it is enacted as follows: –

This Act has been declared in force in the Santhal Parganas (in Bihar now) by the Santhal Parganas Settlement Regulation, 1872 (3 of 1872), section 3, in the C.P. and the Sambalpur (in Orissa now) District by the C.P. Laws Act, 1875(2 of 1875). It has been declared by notification under section 3(a) of the Schedule Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely: —

The Districts of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gaz. 1899, Pt 1, p. 44), and Manbhum, and Pargana Dhalbhum and the Kplhan.in the District of Singhum (in Bihar now). See Gazette of India, 1881, Pt. 1, p. 504.

. The District of Lahul (in H.P. now) see Gazette of India, 1888, Pt. I, p. 301.

It has been declared in force in Punjab, by Act 8 of 1888, in C.P. and Sambalpur district by Act 20 of 1875; in the Sonthal Parganas by Regn. 3 of 1972 as amended by Regn. 3 of 1899 It have been extended, by notification under section 5 of the last-mentioned Act, to the Scheduled District of Coorg. See Gazette of India, 1878, Pt. II, p. 45. Coorg is a part of Mysore State now.

The Act has been extended to Ajmer-Merwara (in Rajasthan now) along with Act 8 of 1851) sec Gazette of India 1889 Pt II p. 562; to the Scheduled Districts in Vizagapatam (in A.P. now) and Ganjam (in Orissa now) see the Fort St. George Gazette, 1899, Pt. I, p. 1486, and ibid, 1900, Pt. 1,p. 1101 respectively; and to the District of Darjeeling; in U.P. Now see Calcutta Gazette, 1934 Pt. I, p. 179.

The Act is to be deemed to be and to have been in force in the Punjab, from the 24th March 1864 see the Indian Tolls. Act, 1888 (8 of 1888), section 1, and lolls levied or purporting to have been levied under the Act before the passing of Act 8 of 1888 are to be deemed to have been lawfully levied — See ibid, section 3. This Act has been extended to the Stales merged in the Stale of—

(a) Orissa by Ori. Act 4 of 1950;

(b) Former Madhya Pradesh by M.P. Act 12 of 1950; and to the transferred territory in the State of (TamilNadu) by T.N. Act 23 of 1960, section 3.

(c) The Union territory of Pondicherry by Act 26 of 1968 w.e.f. 1-8-1968.

The Act has been extended to Andhra Pradesh — A.P. Act 17 of 1975. The Act as in force in any area of the State of Mysore, has been repealed by Mys. Act 29 of 1958, section 5 (w.e.f. I -1-1959).

1. Certain words were omitted by the Devolution Act, 1920 (33 of 1920), section 2 and Sch. 1.

2. Collectors of tolls may compound for tolls leviable under Act 8 of 1851 or this Act.

Any person entrusted with the management of the collection or tolls under Act VIII of 1851 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 toll 1[authorized to be levied under the said Act VIII of 18511.

1. Substituted for “specified in the Schedule to the said Act, VIII of 1851 or in the Schedule to this Act” by the Devolution Act, 3920 (38 of 1920), S. 2 and Sch. 1.

3. Power to extend Act.

The State Government may extend this 1 Act to any place in which the said Act VIII of 1851 is in force; and the State Government of any place in which the said Act VIII of 1851 is not in force may extend the said Act VIII of 1851 and this Act to such place.

1. The Act regulating tolls in the Presidency of Bombay (Now Gujarat and Maharashtra ) is the Tolls on Roads and Bridges Act, 1875 (Born. 3 of 1875). That Act repealed Act 8 of 1851 in the Bombay Presidency, see S. 1, and declared that Act 15 of 1864 should be deemed to have been extended thereto as from the 30th July 1864, see S. 2.

4. Interpretation clause.

Local Government. [Repealed by A.O., 1937].

5. SCHEDULE

SCHEDULE

[Repealed by the Devolution Act, 1920 (38 of 1920), S. 2and Sch. 1.]

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