(1) The State Government may, with effect from such date as it may by notification specify, lease to any person the right to collect cess levied under section 3, on motor vehicles passing over any road infrastructure, by auction or tender or combination of both, or any other mode for any financial year or part thereof, on such terms and conditions as the Commissioner may, subject to approval of the State Government, determine.
(2) For the purpose of grant of lease under sub section (1), the Commissioner shall, after taking into consideration the receipts of the cess or the preceding year or any part thereof and the rates of cess applicable for the lease period assess aggregate amount of cess likely to be recovered at a barrier during the period of lease.
(3) The lessee shall be required to furnish such security for due fulfilment of the terms and conditions of the lease as the Commissioner may direct.
(4) Any sum (including penalty, interest or costs of the proceedings) payable by the lessee under a lease granted under sub-section (1), if not paid by the due date, shall be recoverable as arrears of land revenue.
Servants etc. to be public servants
5. All persons appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Power of Cess Inspector
6. The driver of a motor vehicle shall cause the vehicle to stop when required to do so by the Cess Inspector to enable him to carry out any of the duties imposed on him under this Act.
Establishment of barriers
7. The State Government may, from time to time, by notification in the Official Gazette, establish or remove barriers on any road infrastructure, for the purpose of this Act.
Exhibition of table of cess and statement of penalties
8. A table of the cess authorised to be taken at any barrier shall be put in a conspicuous place near such barrier legibly written or printed in Hindi and English words and figures, to which shall be annexed, written or printed in like manner, a statement of penalties for refusing to pay the cess and for taking unlawfully any cess.
Assistance to Cess Inspectors by police officers
9. All police officers shall be bound to assist the Cess Inspectors, when required, in the execution of this Act; and, for the purpose, shall have the same powers which they have in the exercise of their ordinary police duties.
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- 15 - Procedure in case of nonpayment of cess
10. In case of non-payment of such cess on demand, the person appointed to collect the same may detain the motor vehicle until the cess is paid.
Establishment of Mobile Squads