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Section 5-A: Recovery and refund of toll short levied or erroneously paid etc.

The Levy of Tolls Act, 1995 ( 1938 A. D. )Union territory Act of Jammu and Kashmir · Act 8 of 1995

[5-A. Recovery and refund of toll short levied or erroneously paid etc.––(1) When toll or charge have been short levied through inadvertence, error, collusion or mis-construction on the part of the Toll Officer, or through mis-statement as to the quantity, number or description of the goods, animals or vehicles on the part of the owner, or when such toll or charges after having been levied has been owing to any such cause erroneously refunded, the person chargeable with toll, or the charge so short levied, or to whom such refund has erroneously been made, shall pay the deficiency or repay the amount paid to him in excess on demand being made within twelve months from the date of the first assessment or the making of the refund and Toll Officer may refuse to pass any goods, animals or vehicle(s) belonging to such person until the deficiency or excess be paid or repaid.

(2) No toll or charges which have been paid and of which repayment, wholly or in part, is claimed in consequence of the same having been paid through inadvertence, error or misconstruction shall be refunded unless such claim is made within three months from the date of such payment.]

Where this provision sits

ActThe Levy of Tolls Act, 1995 ( 1938 A. D. )
Section5-A
Marginal noteRecovery and refund of toll short levied or erroneously paid etc.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act XX of 1978. Section 5-A inserted by Act XX of 1978.

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