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Section 25: 8. Pmalties

The Kerala Tolls Act, 1976 (No.6 of 1977)State Act of Kerala · Act 6 of 1977

( I) Every person, other than any person appointed to .

collect toll, who levies or demanrls any roll on any br,dge shall, on conv.cti 1n by a M tgistrate,be liable to rmpri;onment for a term w·uch m ty cxre11d to six months, or with fine which may extend tn two hundred rupees, or w1th both.

(2) E"ery per3on who unlawiullv dernandi or rakes any other or higher toll than the l<lwful t•>ll, or under thP c 1lour of this Act sei~es or sells any propertv knowing such sei/ure or sa'e to be U"lawful, or in any m~nuer unlawfully extorts money or any valuable thing from anv person'under colour of this Act, shall, on con~iction by a M 'gisrrace, be lt ... blt: ro impr sunment for a term which may extend to six months, or with fine whh.h may exteud to two hundred rupees, or with both.

(3) Whoever-

(a) attempts to cross any bridge without paying the toll payable by him under this Act; or

(b) obstructs any officer or other person in the discharge of his duties imposed by or under this Act, shall on conviction by a Magistrate, be liable to a fine which rna} extend to one hundred rupees. '

(4) No Magistrate shall take cognisance of any offence under thia Act except on a com ,taint in writing m1.1de by an officer authorised by the Government in th1s behalf.

9. Exhibition of table of tolls and statement of penalties.-A table of the tolls authorised to be t.,ken in re~pect ol a brrdge shall be put up m a con­ spicuous place ncar the entrance 10 such bridge legibly writtt nor prmted in English words .:nd figures and also m thme of the regional language.

10. Bar to proceedzngs.-No ~uit, prosecution or other l .. gal proceeding ahall lie against any officer or other person for anything which is in good faith done or intended to be done unJer this Ac:t .

.

11 . Power to make rules.-( 1) The Government may, by notification in the Gazette, make rules for the purpose of carrying mto effect the provi­ sions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) determination of the rate of levy of the toll;

(b) method of collection of the toll;

(c) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it h made, beLre the Legislative Assembly for a period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in wh rch it is so laid rr the session immediatdy following, the Legislative Assembly makes any modification in the rule or 34/430JB.

d~cides tnat'the rule should not be inade, tht rule' shall thereafter have effect only in such modtfied fohri or be of no effect, ' 8 the case may be; so however that any such modificatiOn or annulment shall be Without prejudtce to the validity ( f anything previously done under that rule.

12 Establtsh".ent of Bridges and Roads Fund and lts uti/ isahon.-( l) On the rommenceinent of this Act, there shall b¢ establislied a fund to be called the Kerala State Bridges and Roads Fund (hereinafter in th1s section referred to as the Bridges and Roads Fund).

(2; The proceeds of the toll levied and collected under this Act together with the fines, interest and fees recovered thereundet shall first be credited to tht> Consolidated Fund of tl e Statt" and, after deducting the expenses of collection and recovery as determined by the Government, the remaming amount shall, under appropriation duly made by law in this behalf, be entered mto and transferred to the Bndges and Roads Fund.

(3) Any amount transferred lo the Bridges and Roads Fund shall be charged on the Consolidated Fund of the State. .

( 4) No sum shall b€. paid or applied from and otit of 'the Bridges and Roads Fund except m the manner and for the purpose pt ovided in subsections (5) and (6). \

(5) The amount stmding to the credit of the Bridges and Roads Fund shall be expended in such manner and subject to such conditions as may be prescribed for the purpose of constructing bridges and roads.

(6) The Bridges and Roads Fund shall be held and administered on behalf of the Government by the Chief Engineer in charge of roads and bridges in the State subject to such general or special d1rection as may be given by the Government from time to time.

. 13 Powe1 to remove difficulttes.-If any difficulty arises in giving effect to the provi~io•·s of this Act, the Governmen•, may, as occasion mJ.y require by order do anythmg, not incorsisi:cnt With the provisiOns of thts Act, v.hich appears to them necessary tor the purpose of removing the difficulty. •

Where this provision sits

ActThe Kerala Tolls Act, 1976 (No.6 of 1977)
Section25
Marginal note8. Pmalties
JurisdictionState of Kerala
StatusIn force as published by the source

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