TOLLS ON ROADS AND BRIDGES ORDINANCE, 1962
(W.P. Ordinance VIII of 1962)
1. Short title and
3. Government may levy
4. Power of Government
to set up toll gates and stations.
5. Table of tolls to
be affixed to or near toll gates, etc.
6. Collection of
7. Tolls may be
8. Power of Government
to cancel a lease.
9. Lessee may
10. Tolls may be
11. Liabilities of
persons employed in the management of tolls.
12. Lessee and his
agents deemed to be persons appointed to collect tolls.
13. Penalty for refusal
to pay tolls, etc.
14. Penalty for unlawful
levy of tolls or doing unlawful acts under colour of the Ordinance.
15. Powers of
toll-collector to seize vehicles, animals, etc., for non-payment of tolls.
16. Police officers to
17. Jurisdiction of
18. Power of Government
to delegate its powers.
19. Power to make rules.
20. Repeal and savings.
TOLLS ON ROADS AND BRIDGES ORDINANCE, 1962
(W.P. Ordinance VIII
An Ordinance to amend and consolidate
the law relating to the levy of tolls on public roads and bridges in the
province of [the
WHEREAS it is expedient to amend and consolidate the law relating to the
levy of tolls on public roads and bridges in the province of
Now, THEREFORE, in pursuance of the
Presidential Proclamation of the seventh day of October, 1958, and having
received the previous instructions of the President the Governor of West
Pakistan, in exercise of all powers enabling him in that behalf, is pleased
to make and promulgate the following Ordinance:-
1. Short title and extent.–
(1) This Ordinance may be called the
Tolls on Roads and Bridges Ordinance, 1962.
(2) It extends to the whole of
2. Definitions.– In this Ordinance,
unless the context otherwise requires, the following expressions shall have
the meanings hereby respectively assigned to them, that is to say–
(a) “Government” means
relating to national highways and strategic roads declared as such by or
under a Federal Law, the Federal Government and in relation to other
matters, the Provincial Government];
(b) “toll” means a charge levied
under this Ordinance for the use of a road or bridge.
3. Government may levy tolls.–
Government may cause tolls to be levied
on all persons, animals, vehicles or other things using, crossing or passing
over any road or bridge vesting in it or which may hereafter vest in it at
such rates as it may notify in the official Gazette:
Provided that Government may
declare any person or any class or classes of persons, animals, vehicles or
other things to be exempted
from the payment of such tolls.
4. Power of Government to set up toll
gates and stations.– When the rates of tolls to be levied upon any
bridge or road have been notified, Government may set up or cause to be set
up at or near such bridge or road, toll gates or stations for the collection
5. Table of tolls to be affixed to or
near toll gates, etc.– A table of the tolls authorised to be taken at
any toll gate or station set up under section 4, legibly written or printed,
shall be affixed to some conspicuous place in or near such toll gate or
6. Collection of tolls.– Government
may place the collection of tolls leviable under this Ordinance under the
management of such person as may appear to it proper.
7. Tolls may be leased.– (1)
Government may, from time to time, lease out the tolls of a bridge or road,
by public auction or private contract for any period not exceeding five
years, on such terms and conditions, as Government may consider desirable:
[Provided that in the
case of Build, Operate and Transfer (BOT) projects the period of lease may
be such as may be determined by the Government.]
(2) When the tolls are put up to
auction, the officer conducting the auction may, for reasons to be recorded
in writing, refuse to accept the offer of the highest bidder, and may accept
any other bid, or may withdraw the tolls from the auction.
(3) The acceptance of any bid at an
auction conducted under the provisions of sub-section (2) by the officer
conducting the auction shall be subject to confirmation by Government.
(4) All arrears due from the lessee on
account of the lease of the toll may be recovered from him or from his
surety, if any, as if they were arrears of land revenue.
8. Power of Government to cancel a
lease.– (1) Government may cancel the lease of the tolls on any bridge
or road on the expiration of three months’ notice in writing to the lessee
of its intention to do so.
(2) When any lease is cancelled under sub-section (1), Government shall pay
to the lessee such compensation for the unexpired period of the lease as the
Engineer for Provincial Roads and District Officer (Revenue) in case of
District Roads] may award.
(3) Any party dissatisfied with the award
* *] given under sub-section (2), may, within thirty days of the date of
such award, appeal to the [Chief
Engineer for Provincial Roads and Executive District Officer (Revenue) in
case of District Roads], whose decision shall be final.
anything contained in this section in the case of BOT contract the lease
shall be cancelled in accordance with the terms of the contract.]
9. Lessee may surrender lease.– The
lessee of the tolls of any bridge or road may surrender his lease on the
expiration of one month’s notice in writing to Government of his intention
to do so, on payment of such compensation as Government may direct.
10. Tolls may be compounded.– Any
person entrusted with the management of the collection of tolls under this
Ordinance may, for a period not exceeding one year, or where the tolls on
any bridge or road have been let under section 7, the lessee of such tolls
may, for the period of lease or any shorter period, compound for the tolls
payable for passage over such bridge or road.
11. Liabilities of persons employed in
the management of tolls.– Every person employed in the management of
tolls levied under this Ordinance shall be subject to the same
responsibilities as would lie on him if employed in the collection of land
12. Lessee and his agents deemed to be
persons appointed to collect tolls.– When the tolls on any bridge or
road have been duly leased under section 7, the lessee, and every person
employed by the lessee as his agent for collecting the tolls, shall be
deemed to be persons appointed to collect tolls under this Ordinance, and
shall exercise all powers and be subject to all responsibilities attaching
to persons appointed to collect tolls under this Ordinance.
13. Penalty for refusal to pay tolls,
(a) while crossing or passing
over any bridge or road on which tolls are levied, refuses to pay the proper
(b) with intent to avoid
payment of such toll, fraudulently or forcibly crosses such bridge or passes
over such road without paying the toll; or
(c) obstructs any
toll-collector or lessee or any of his assistants or agents in any way in
the execution of their duty under this Ordinance;
shall be punished with fine which may extend
to two hundred rupees.
14. Penalty for unlawful levy of tolls
or doing unlawful acts under colour of the Ordinance.– Whoever–
(i) not being appointed to
collect tolls under this Ordinance, levies or demands any toll on any public
road or bridge ; or
(ii) unlawfully and
extortionately demands or take any other or higher toll than the lawful
(iii) under colour of this
Ordinance seizes or sells any property, knowing such seizure or sale to be
(iv) in any manner
unlawfully extorts money or any valuable thing from any person under colour
of this Ordinance;
shall be liable, on conviction before a
magistrate, to imprisonment for a term not exceeding six months, or to a
fine not exceeding five hundred rupees, or both.
Powers of toll-collector to seize vehicles, animals, etc., for non-payment
of tolls.– Without prejudice
to any other penalty that may be imposed under this Ordinance, in case of
non-payment of any toll on demand, the officer appointed to collect the same
may seize any of the vehicles or animals on which it is chargeable, or any
part of their burden of sufficient value to defray the toll, and, if any
toll, together with the cost arising from such seizure, remains undischarged
for twenty-four hours, the case shall be brought before the officer
appointed to superintendent the collection of the tolls, who shall thereupon
issue a notice that on the afternoon of the next day, exclusive of Sunday
and any closed holiday, he shall sell such property by auction and at the
time specified in such notice he may sell the property seized for the
discharge of the toll, and all expenses occasioned by such non-payment,
seizure and sale:
Provided that if at any time before the
sale has actually begun, the person whose property has been seized tenders
the amount of all expenses incurred, and double the toll payable by him, the
property seized shall forthwith be released.
Police officers to assist toll-collectors.– Every police officer shall be bound to assist a toll-collector, when
required, in the discharge of his duties under this Ordinance, and for that
purpose shall have the same power as he possesses in the exercise of his
ordinary police duties.
Jurisdiction of Courts barred.–
No proceedings shall lie in any Court in respect of the amount of
compensation payable under section 8 or 9 or the abatement of any rent or
lease money payable under this Ordinance.
18. Power of Government to
delegate its powers.– Government may delegate any
of its powers and functions under this Ordinance to any local authority
officer subordinate to it or any other person].
19. Power to make rules.– Government
may after previous publication, make rules for the purpose of carrying into
effect the provisions of this Ordinance.
20. Repeal and savings.–
(1) The Tolls on Roads and Bridges Act, 1875
hereinafter referred to as the said Act, is hereby repealed.
Notwithstanding the repeal of the said Act, everything done, action taken,
obligation, liability, penalty or punishment incurred, inquiry or proceeding
commenced, officer appointed or person authorised, jurisdiction or powers
conferred, rule made, notification issued or lease granted under the
provisions of the said Act shall, if not inconsistent with the provisions of
this Ordinance, continue in force and be deemed to have been respectively
done, taken, incurred, commenced, appointed, authorised, conferred, made,
issued or granted under this Ordinance.