(1) This Act may be called the Punjab Mechanical Vehicles (Bridges and Roads Tolls) Act, 1998.
(2) It shall come into force at once.
2. In this Act unless the context otherwise requires, -
(a) "appellate authority" means a Superintending Engineer, Department of Public Works (Building and Roads Branch) in whose jurisdiction the bridge or the roads falls;
(b) "authority" means an Executive Engineer, Department of Public Works (Building and Roads Branch) in whose jurisdiction the bridge or the road falls;
1[2[(c) "bridge" means a permanent or temporary bridge or road over-bridge or road under-bridge or flyover or elevated road or vehicular under pass or ferry services, 1 Substituted by Punjab Act No. 2 of 2006, Section 2 2 Substituted by Punjab Act No. 2 of 2014, Section 2 Short title and commencement.
Definitions.
specified in the First Schedule, and shall include such other permanent or temporary bridge or road overbridge or road under-bridge or flyover or elevated road or vehicular under pass or ferry services as notified by the State Government in this behalf, from time to time];
(ca) “bypass” means a road constructed around a city or town for facilitating the movement of traffic;
(cb) “concession” includes any right or interest granted to a concessionaire in relation to any aspect of a road project, as well as any subsidy, subvention, grant or other similar financial incentive granted by the State Government to secure the viability and commercial efficacy of a road project;
1[(cc) “concessionaire” means a person, who is selected and awarded a concession for financing, development, construction, operation and maintenance or only for operation and maintenance of a road project under any law for the time being in force;]
(cd) “concession agreement" means any of the contracts executed between the State Government and a concessionaire for the purposes of granting a concession for private participation in a road project under any law for the time being in force;
(ce) "concession fee" means the sum of money required to be paid by the concessionaire to the State Government or the Punjab Roads and Bridges Development Board, established under section 3 of the Punjab Roads and Bridges Development Board Act, 1998, as the case may be, in consideration of grant of a concession for undertaking a road project;]
2[(cf) “contract agreement” means any contract executed between the State Government and a contractor for the purpose of levy and collection of toll in a road project under any law for the time being in force;
(cg) “contractor” means a person who is selected and awarded a contract for levy and collection of toll on a 1 Substituted by Punjab Act No. 2 of 2014, Section 2 2 Inserted by Punjab Act No. 2 of 2014, Section 2 road project constructed, developed, operated and/or maintained by the State Government or under any private funded project, under any law for the time being in force;
(ch) "elevated road" means any section of road raised above ground level through support of piers, solid fill or columns, including its approaches, as notified by the State Government in this behalf, from time to time; and
(ci) "flyover" means any section of road raised above ground level that crosses over a road/ rail/ building/ street/ any man made structure, including its approaches, as notified by the State Government in this behalf, from time to time;]
(d) "Fee Inspector" means an officer of the State Government authorised by the authority to collect the toll;
1[(dd) 'lease' includes any grant or award of any right, privilege, interest, financial incentive, benefit, subsidy or subvention granted by the State Government to any person to secure participation in or in connection with the development, construction, repair, renovation, expansion, alteration, replacement, operation or maintenance of a road project or any other activity incidental thereto, in the form of or contained in or forming part of any lease, concession or management contract entered into in connection therewith;]
2[(e) "mechanical vehicle" means any laden or unladen vehicle designed to be driven under its own power including a motor vehicle as defined in the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988);]
(f) "National Highway" means a National Highway specified in the Schedule appended to the National Highways Act, 1956 (Central Act No. 48 of 1956);
3[(ff) 'private participation' means the participation in development, maintenance or operation of road projects by any person other than the State Government 1 Inserted by Punjab Act No. 2 of 2006, Section 2 2 Substituted by Punjab Act No. 2 of 2014, Section 2 3 Inserted by Punjab Act No. 2 of 2006, Section 2 or public body, as may be permitted by the State Government from time to time;]
1[(g) "road" means a road or section of road or by-pass other than a national highway, specified in the Second Schedule and shall include such other road or section of the road or by-pass, as may from time to time, be notified by the State Government in this behalf;
2[(gg) “road project” means a project, which may involve development, construction, repair, renovation, expansion, alteration, replacement, maintenance or operation of any road and/or bridge;]
(ggg) “road overbridge” means a road overbridge that crosses above a railway track as specified in the First Schedule and shall include such road overbridges as may, from time to time, be notified as such by the State Government;
(gggg) “road under-bridge” means a road under-bridge that crosses under a railway track, and which is notified as such by the State Government;]
(h) "Schedule" means a Schedule appended to this Act;
(i) "State Government" means the Government of State of Punjab3[; and] 4[(j) “vehicular under-pass” means a road under vehicular crossing that crosses under a road, bypass and as notified by the State Government in this behalf, from time to time.]
3. 5[(1) There shall be levied and paid to the State Government on every mechanical vehicle using a road project, a toll at such rate as may be notified, for each mechanical vehicle by the State Government from time to time, but not exceeding the maximum rates as specified in the Third Schedule. The State Government may, notify different rates of toll for roads, bypasses, bridges, flyovers, elevated roads, vehicular under-passes, road over-bridges or road under-bridges:
1 Substituted by Punjab Act No. 2 of 2006, Section 2 2 Substituted by Punjab Act No. 2 of 2014, Section 2 3 Substituted by Punjab Act No. 2 of 2014, Section 2 4 Added by Punjab Act No. 2 of 2014, Section 2 5 Substituted by Punjab Act No. 2 of 2014, Section 3 Rate of toll and its payment.
Provided that if in the opinion of the State Government, it is necessary or expedient to revise the maximum rates, specified in the Third Schedule, the same may be revised by notification:
Provided further that no toll shall be levied on vehicles of armed forces and such other mechanical vehicles or class of mechanical vehicles or any class of persons or individuals, as the State Government may, by general or special order, exempt from the levy or payment of the toll:
Provided further that without prejudice to the liability of a person under the Motor Vehicles Act, 1988 (Central Act No.59 of 1988), the State Government may, by notification, levy an additional toll, not exceeding the toll of the double amount, payable on any goods vehicle, carrying more than the permissible weight under that Act.]
(2) Every person in-charge of mechanical vehicle shall, before crossing the bridge or using the road, as the case may be, pay to the Fee Inspector posted at the entry point, the toll and shall not cross the bridge or use the road, as the case may be, without obtaining a receipt in token of having paid the amount of toll.
(3) Such receipt shall be shown to the Fee Inspector on demand posted at the other entry point of the bridge or the road, as the case may be.