2* Tolls Act, 1851]
ACT No. VIII OF 1851
[4th July, 1851]
An Act for enabling Government to levy Tolls on
Public Roads and Bridges.
Preamble. WHEREAS it is
expedient to enable Government to levy tolls upon roads and bridges; It is
enacted as follows:---
1. [Repeal of Acts] Rep. by the
Repealing Act, 1870 (XIV of 1870).
Extent.3[1A. This Act
extends to the Province of the Punjab
and the Federal Government may, by notification in the official Gazette, extend
it to any other Province.]
Definition.] Omitted by the Federal Laws (Revision and Declaration) Ordinance,
1981 (XXVII of 1981), s. 3 and Sch. II.
to levy tolls on roads and bridges made or repaired by the Federal Government.
The Federal Government may cause such rates of tolls as it thinks fit to be
levied upon any road or bridge which has been, or shall hereafter be, made or
repaired at the expense of the Federal Government; and place the collection of
such tolls under the management of such persons as may appear to it proper; and
all persons employed in the management and collection of such tolls shall be
liable to the same responsibility as would belong to them if employed in the
collection of land revenue.]
title given by the Short Titles Act, 1897 (14 of 1897).
This Act should be read with
the Tolls Act, 1864 (15 of 1864), and the Tolls Act, 1888 (8 of 1888).
Under s. 1 of Act 8 of 1888,
this Act is deemed to be in force throughout the territories administered by the
Lieutenant Governor of the Punjab on the 5th September, 1888 and to have been in
force, from the 21st August 1857, in the territories for the time being
administered as part of the Punjab.
It has been declared, by
notification under s. 3(a)of the Scheduled Districts Act, 1874 (14 of 1874), to
be in force in the Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan
and Dera Ghazi Khan. [Portions of the Districts of Hazara, Bannu, Dera Ismail
Khan and Dera Ghazi Khan and the Districts of
Peshawar and Kohat now form the N.W.F.P., see
Gazette of India, 1901. Pt. 1, p. 857, and ibid., 1902,
Pt. I, p. 575].
It has also been applied to
Phulera in the Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.W.F.P., subject to certain modifications; and extended to
the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect
from such date and subject to such modifications as may be notified__
see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation,
word "Indian" omitted by A. O., 1949, Sch.
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s. 3
and Sch. II. for section lA which was previously amended by A.O., 1937,A. O.,
1949, Sch. and A. O., 1961, Art. 2, to read as above.
by F. A. O., 1975, Art. 2 and Sch.
2 subs. by Ordinance 27 of 1981, s. 3 and II Sch. This section was previously
amended by the Devolution Act, 1938 (20 of 1938) and subsequently amended by A.
O., 1937, to read as above.
3. Their powers for recovery of
toll. In case of non-payment of any such toll on demand, the officers
appointed to collect the same may seize any of the carriages or animals on which
it is chargeable, or any part of their burden of sufficient value to defray the
toll; and, if any toll remains undischarged for twenty-four hours, with the
cost arising from such seizure, the case shall be brought before the officer
appointed to superintend the collection of the said toll, who may sell the
property seized for discharge of the toll, and all expenses occasioned by such
non-payment, seizure and sale, and cause any balance that may remain to be
returned, on demand, to the owner of the property; and the said officer, on
receipt of the property, shall forthwith issue a notice that, at noon of the
next day, exclusive of Sunday, or any closed holiday, he will sell the property
Release of seized property on tender of dues.
Provided that, if, at any time before the sale has actually begun, the
person whose property has been seized shall tender the amount of all the
expenses incurred, and of double the toll payable by him, the said officer shall
forthwith release the property seized.
4. Exemptions form payment of toll.
No tolls shall be paid for the passage 1 * * * of Police officers on
duty, or of any person or property in their custody, but no other exemption from
payment of the toll levied under this Act shall be allowed.
5. Assistance of collectors by Police
officers. All Police-officers shall be bound to assist the toll-collectors,
when required, in the execution of this Act; and, for that purpose, shall have
the same power which they have in the exercise of their common police-duties.
6. Penalty for offences under Act.,
Compensation to person aggrieved, Saving of his right to sue. Every person,
other than the persons appointed to collect the tolls under this Act, who shall
levy or demand any toll on any public road or bridge, or for passing through any
bazar situated thereon, and also every person who shall unlawfully and
extortionately demand, or take any other or higher toll than the lawful toll,
or under colour of this Act seize or sell any property knowing such seizure or
sale to be unlawful, or in any manner unlawfully extort money or any valuable
thing from any person under colour of this Act, shall be liable on conviction
before a Magistrate to imprisonment for any term not exceeding six calendar
months, or to fine not exceeding two hundred rupees, any part of which fine may
be awarded by the Magistrate to the person aggrieved; but this remedy shall not
be deemed to bar or affect his right to have redress by suit in the Civil Court
2 * * *.
words “of troops and military stores and equipages on their march or” rep. by
the Indian Tolls (Army) Act, 1901 (2 of 1901), s. 8.
words “of the Zillah” rep. by the Repealing Act, 1876 (12 of 1876).
7. Exhibition of table of tolls, and
statement of penalties. A table of the tolls authorized to be taken at any
toll-gate or station shall be put up in a conspicuous place near such gate or
station legibly written or printed in English words and figures, and also in
those of the vernacular language of the district, to which shall be annexed,
written or printed in like manner, a statement of the penalties for refusing to
pay the tolls and for taking any un-lawful toll.
8. Application of proceeds of tolls.–The
tolls levied under this Act shall be deemed public revenue 1* * *.
2[9. Power to compound tolls.
Any person entrusted with the management of the collection of tolls under
this Act may in his discretion compound for any period not exceeding one year
with any persons 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 authorised to be
levied under this Act.]
[SCHEDULE.] Rep. by the Devolution Act,
1920 (XXXVIII of 1920), s. 2 and Sch. I.
words “but the net proceeds thereof shall be applied wholly to the construction,
repair and maintenance of roads and bridges within the presidency in which they
are levied” rep. by A. O., 1937. The word “presidency” is to be deemed to have
meant the territories under the administration of any L. G.–see the Tolls
Act, 1888 (8 of 1888), s. 2(2), since repealed. See also, in this
connection, paragraph 4(b) of the India
(Transitory Provisions) Order, 1937.
9 added by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of
1981) s. 3, and Sch. II.