(1) The State Government may by notification in the Official Gazette, make rules consistent with this Act, for securing the levy and collection of toll and generally for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Himachal Pradesh while it is in session for a total period not less than fourteen days which may comprise 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 sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified 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 under that rule.
1. Section 13 substituted vide Act No. 9 of 2003, effective from 1 st April, 2003.
THE HIMACHAL PRADESH TOLLS ACT, 1975 9 1 [SCHEDULE–I] (See section-3) Sr.
No.
Particulars of vehicles Rate of toll per day or part thereof Rate of toll per quarter of part thereof Rate of toll per year or part thereof
1. 2. 3. 4. 5.
1. Vehicle having loading capacity:
(a) Exceeding 90 quintals.
(b) Exceeding 20 but upto 90 quintals.
(c) Exceeding 10 but upto 20 quintals.
(d)Tractor plying with public carrier or private carrier permit 2 [(except when used for agricultural purposes.)] Rs.
3 [50.00 Rs. 40.00 Rs. 30.00 Rs. 30.00 20 times the rate as specified in Column (3) -do- -do- -do- 3 times the amount as specified in Column (4) -do- -do- -do-
2. Passenger vehicles having seating capacity of:
(a) above 12 passengers
(b) upto 12 passengers
(c) other light motor vehicles such as Rs. 50.00 Rs. 30.00 -do- -do- -do- -do-
1. SCHEDULE substituted vide H.P. Act No. 12 of 2001 and again the words “SCHEDULE-I” substituted for the word “SCHEDULE” vide H.P. Act No. 9 of 2003, effective from 1 st April, 2003.
2. Added vide Notification No. EXN-F(21)4/2000, dated 29 th May, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th May, 2002, pp. 539-541.
3. In column 3 the rates of toll specified against Sr. No. 1(a), (b), (c), (d), 2(a), (b),
(c)(i), (ii), 3(a) substituted vide Notification No. EXN-F(21)4/2000, dated 29 th May, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30th May, 2005, pp. 539-540.
THE HIMACHAL PRADESH TOLLS ACT, 1975 10 jeep, car, pick-up van, station wagon:
(i) Registered as Private Vehicle.
(ii) Registered as private carrier.
1 [(iii) The owners of private registered vehicle residing within 5 kilometres radius of toll barrier.
Rs. 20.00 Rs. 30.00 Rs. 30.00 2 [15 times the rate as specified in Column (3)] 3 [20 times the rate as specified in Column (3)] Rs. 100.00 -do- -do- Rs. 300.00]
3. (a) Motor Rickshaw and Scooter Rickshaw.
4 [(b) XXXXXXXX] Rs. 10.00 5 [20 times the rate as specified in Column (3)] 6 [3 times the amount as specified in Column
(4)] Note: - (i) For payment at rate specified under column (3) a receipt will be issued.
(ii) For payments at rates specified under columns (4) and (5) a token in notified design will be issued and it shall be displayed on the vehicle.
1. Item No. (iii) inserted vide Notification No. EXN-F(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31 st March, 2004, pp. 3960-3961.
2. Substituted for the words and sign “-do-” vide Notification No. EXN- F(10)1/2004, dated 31 st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31 st March, 2004, pp. 3960-3961.
3. Substituted for the words and sign “-do-” vide Notification No. EXN- F(10)1/2004, dated 31 st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31 st March, 2004, pp. 3960-3961.
4. Sub-item (b) omitted vide Notification No. EXN-F(21)4/2000, dated 29th May, 2002, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 30 th May, 2002, pp. 539-540
5. Substituted for the words and sign “-do-” vide Notification No. EXN- F(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31 st March, 2004, pp. 3960-3961.
6 Substituted for the words and sign “-do-” vide Notification No. EXN- F(10)1/2004, dated 31st March, 2004, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31st March, 2004, pp. 3960-3961.
THE HIMACHAL PRADESH TOLLS ACT, 1975 11 1 [SCHEDULE-II (See Section 13) Sl.
No.
Particulars. Conditions and Exceptions.
1. 2. 3.
1. The mechanical vehicles belonging to the President, Defence Services of the Union of India, Diplomatic Crops, the Himachal Pradesh Government, 2 [Central Government and other States Government], Fire Tenders and the High Court of Himachal Pradesh;
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2. The light mechanical vehicles belonging to the Vice-President, the Ministers, the Speaker and the Deputy Speaker;
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3. The light mechanical vehicles belonging to the Members of parliament elected from Himachal Pradesh and the Members of the Himachal Pradesh Legislative Assembly;
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4. The ambulances and the vehicles specially designed for use by physically handicapped person;
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5. Motor cycles and Scooters; and -----
6. Tractors. When used for agricultural purpose.
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1. SCHEDULE-II added vide H.P. Act No. 9 of 2003, effective from 1 st April,
2003.
2 Inserted vide Notification No. EXN-F(10)1/2005, dated 30th March, 2005, published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 31 st March, 2005, p. 4392.
THE HIMACHAL PRADESH TOLLS ACT, 1975 12 THE HIMACHAL PRADESH TOLLS (SECOND AMENDMENT) ACT, 2002 ARRANGEMENT OF SECTIONS Sections:
1. Short title and commencement.
2. Amendment of section 2.
3. Amendment of section 3.
4. Amendment of section 6.
5. Validation.
6. Repeal of Ordinance No. 1 of 2002 and savings.
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THE HIMACHAL PRADESH TOLLS (SECOND AMENDMENT) ACT, 2002 (ACT NO. 16 OF 2002) 1 , (Received the assent of the Governor on the 9 th October, 2002, published both in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 9 th October, 2002, pp. 1987-1992.
AN ACT further to amend the Himachal Pradesh Tolls Act, 1975 (Act No. 9 of 1975).
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-third Year of the Republic of India, as follows :-
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Tolls (Second Amendment) Act, 2002. .
(2) It shall be deemed to have come into force on the 21 st day of May,
2001.
[Sections 2 to 4 and 6 incorporated in the principal Act]
5. Validation.- Notwithstanding anything contained to the contrary in the Himachal Pradesh Tolls Act, 1975 (9 of 1975) (hereinafter referred to as the "principal Act"), levy, collection or payment of toll or any action taken or anything done or purporting to have been taken or done under the provisions of the principal Act, at any time on or after the 21st day of May, 2001 but before the publication of the Himachal Pradesh Tolls (Second Amendment) Act, 2002 (hereinafter referred to as the "said Act"), shall be deemed to be valid and effective as if such levy, collection or payment or any action or anything had been taken or done under the provisions of the said Act and accordingly-
(i) the aforesaid toll levied, collected or paid or purporting to have been levied, collected or paid under the provisions of the
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 29 th August, 2002, pp. 1611 and 1616.
THE HIMACHAL PRADESH TOLLS ACT, 1975 13 principal Act, before the publication of the said Act shall and shall always be deemed to have been validly levied, collected or paid in accordance with the law ;
(ii) no suit or other proceedings shall be maintained or continued in any court or before any authority for the refund of, and no enforcement shall made by any court or authority of any decree or order directing the refund of any such aforesaid toll which has been collected or paid ;
(iii) recoveries, if any, shall be made in accordance with the provisions of the principal Act as amended by the said Act, of all amounts which would have been collected thereunder as such aforesaid toll if the said Act had been in force at all material times ; and
(iv) any action taken or anything done (including any rule or order made, any barrier established or removed, notification issued or directions given) under the principal Act, before the publication of the said Act, shall and shall always be deemed to have been validly taken or done in accordance with the provisions of the principal Act, as amended by the said Act.
(2) For the removal of doubts, it is hereby declared that-
(a) Nothing in sub-section (1) shall be construed as preventing any person-
(i) from questioning in accordance with the provisions of the said Act, the levy, collection or payment of the aforesaid toll; or
(ii) from claiming refund of the aforesaid toll paid by him in excess of the amount due from him under the provisions of the principal Act as amended by the said Act; and
(b) No act or omission on the part of any person, before the publication of the said Act, shall be punishable as an offence which would not have been so punishable if the said Act had not come into force.
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