(W.P. Ordinance VIII of 1962)
[12 April 1962 ]
An Ordinance to amend and consolidate the law relating to
the levy of tolls on public roads and bridges in the province of [3][3][the Punjab ]
Preamble.– WHEREAS it is expedient to amend and consolidate the law
relating to the levy of tolls on public roads and bridges in the province of [4][4][the Punjab ];
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and having received the previous instructions of the President
the Governor of West Pakistan, in exercise of all powers enabling him in that
behalf, is pleased to make and promulgate the following Ordinance:-
1. Short title and extent.– (1) This Ordinance may be called the [5][5][Punjab ] Tolls on Roads and
Bridges Ordinance, 1962.
2. Definitions.– In this Ordinance, unless the context otherwise requires,
the following expressions shall have the meanings hereby respectively assigned
to them, that is to say–
(a) “Government” means [7][7][in relating to national highways and strategic roads
declared as such by or under a Federal Law, the Federal Government and in
relation to other matters, the Provincial Government];
(b) “toll” means a charge levied under this
Ordinance for the use of a road or bridge.
3. Government may levy tolls.– Government may cause tolls to be levied[8][8] on all persons, animals, vehicles or other things using,
crossing or passing over any road or bridge vesting in it or which may
hereafter vest in it at such rates as it may notify in the official Gazette:
Provided
that Government may declare any person or any class or classes of persons,
animals, vehicles or other things to be exempted[9][9] from the payment of such tolls.
4. Power of Government to set up toll
gates and stations.–
When the rates of tolls to be levied upon any bridge or road have been
notified, Government may set up or cause to be set up at or near such bridge or
road, toll gates or stations for the collection of tolls.
5. Table of tolls to be affixed to or near
toll gates, etc.– A table of
the tolls authorised to be taken at any toll gate or station set up under
section 4, legibly written or printed, shall be affixed to some conspicuous
place in or near such toll gate or station.
6. Collection of tolls.– Government may place the collection of tolls leviable under
this Ordinance under the management of such person as may appear to it proper.
7. Tolls may be leased.– (1) Government may, from time to time, lease out the tolls
of a bridge or road, by public auction or private contract for any period not
exceeding five years, on such terms and conditions, as Government may consider
desirable:
[10][10][Provided that in the case of
Build, Operate and Transfer (BOT) projects the period of lease may be such as
may be determined by the Government.]
(2) When the tolls are put up to auction,
the officer conducting the auction may, for reasons to be recorded in writing,
refuse to accept the offer of the highest bidder, and may accept any other bid,
or may withdraw the tolls from the auction.
(3) The acceptance of any bid at an auction
conducted under the provisions of sub-section (2) by the officer conducting the
auction shall be subject to confirmation by Government.
(4) All arrears due from the lessee on
account of the lease of the toll may be recovered from him or from his surety,
if any, as if they were arrears of land revenue.
8. Power of Government to cancel a lease.– (1) Government may cancel the lease of the tolls on any
bridge or road on the expiration of three months’ notice in writing to the
lessee of its intention to do so.
(2) When any lease is cancelled under
sub-section (1), Government shall pay to the lessee such compensation for the
unexpired period of the lease as the [11][11][Superintending Engineer for Provincial Roads and
District Officer (Revenue) in case of District Roads] may award.
(3) Any party dissatisfied with the award [12][12][* * *] given under sub-section (2), may, within thirty
days of the date of such award, appeal to the [13][13][Chief Engineer for Provincial Roads and Executive
District Officer (Revenue) in case of District Roads], whose decision shall be
final.
[14][14][(4) Notwithstanding
anything contained in this section in the case of BOT contract the lease shall
be cancelled in accordance with the terms of the contract.]
9. Lessee may surrender lease.– The lessee of the tolls of any bridge or road may surrender
his lease on the expiration of one month’s notice in writing to Government of
his intention to do so, on payment of such compensation as Government may
direct.
10. Tolls may be
compounded.– Any person entrusted with the
management of the collection of tolls under this Ordinance may, for a period
not exceeding one year, or where the tolls on any bridge or road have been let
under section 7, the lessee of such tolls may, for the period of lease or any
shorter period, compound for the tolls payable for passage over such bridge or
road.
11. Liabilities of
persons employed in the management of tolls.–
Every person employed in the management of tolls levied under this Ordinance
shall be subject to the same responsibilities as would lie on him if employed
in the collection of land revenue.
12. Lessee and his
agents deemed to be persons appointed to collect tolls.– When the tolls on any bridge or road have been duly leased
under section 7, the lessee, and every person employed by the lessee as his
agent for collecting the tolls, shall be deemed to be persons appointed to collect
tolls under this Ordinance, and shall exercise all powers and be subject to all
responsibilities attaching to persons appointed to collect tolls under this
Ordinance.
13. Penalty for
refusal to pay tolls, etc.–
Whoever–
(a) while crossing or passing over any bridge or
road on which tolls are levied, refuses to pay the proper toll; or
(b) with intent to avoid payment of such toll,
fraudulently or forcibly crosses such bridge or passes over such road without
paying the toll; or
(c) obstructs any toll-collector or lessee or any
of his assistants or agents in any way in the execution of their duty under
this Ordinance;
shall be punished with fine which may extend to two hundred
rupees.
14. Penalty for
unlawful levy of tolls or doing unlawful acts under colour of the Ordinance.– Whoever–
(i) not
being appointed to collect tolls under this Ordinance, levies or demands any
toll on any public road or bridge ; or
(ii) unlawfully
and extortionately demands or take any other or higher toll than the lawful toll;
or
(iii) under
colour of this Ordinance seizes or sells any property, knowing such seizure or
sale to be unlawful; or
(iv) in
any manner unlawfully extorts money or any valuable thing from any person under
colour of this Ordinance;
shall be liable, on conviction before a magistrate, to
imprisonment for a term not exceeding six months, or to a fine not exceeding
five hundred rupees, or both.
15. Powers
of toll-collector to seize vehicles, animals, etc., for non-payment of tolls.– Without prejudice to any other penalty
that may be imposed under this Ordinance, in case of non-payment of any toll on
demand, the officer appointed to collect the same may seize any of the vehicles
or animals on which it is chargeable, or any part of their burden of sufficient
value to defray the toll, and, if any toll, together with the cost arising from
such seizure, remains undischarged for twenty-four hours, the case shall be
brought before the officer appointed to superintendent the collection of the
tolls, who shall thereupon issue a notice that on the afternoon of the next
day, exclusive of Sunday and any closed holiday, he shall sell such property by
auction and at the time specified in such notice he may sell the property
seized for the discharge of the toll, and all expenses occasioned by such
non-payment, seizure and sale:
Provided
that if at any time before the sale has actually begun, the person whose
property has been seized tenders the amount of all expenses incurred, and
double the toll payable by him, the property seized shall forthwith be
released.
16. Police
officers to assist toll-collectors.– Every police officer shall be bound to assist a
toll-collector, when required, in the discharge of his duties under this
Ordinance, and for that purpose shall have the same power as he possesses in
the exercise of his ordinary police duties.
17. Jurisdiction
of Courts barred.– No proceedings shall lie in any Court in respect of the amount of
compensation payable under section 8 or 9 or the abatement of any rent or lease
money payable under this Ordinance.
18. Power of
Government to delegate its powers.–
Government may delegate any of its powers and functions under this Ordinance to
any local authority [15][15][or officer subordinate to it or any other person].
19. Power to make
rules.– Government may after previous
publication, make rules for the purpose of carrying into effect the provisions
of this Ordinance.
20. Repeal and
savings.– (1) The Tolls on Roads and Bridges
Act, 1875[16][16] hereinafter referred to as the said Act, is hereby
repealed.
(2) Notwithstanding the repeal of the said
Act, everything done, action taken, obligation, liability, penalty or
punishment incurred, inquiry or proceeding commenced, officer appointed or
person authorised, jurisdiction or powers conferred, rule made, notification
issued or lease granted under the provisions of the said Act shall, if not
inconsistent with the provisions of this Ordinance, continue in force and be
deemed to have been respectively done, taken, incurred, commenced, appointed,
authorised, conferred, made, issued or granted under this Ordinance.
[1][1]This
Ordinance, was promulgation by the Governor of West Pakistan on 24th February, 1962 ;
published in the West Pakistan Gazette (Extraordinary), dated 12th April, 1962 , pages 1561-1565;
saved and given permanent effect by Article 225 of the Constitution of the
Islamic Republic of Pakistan (1962).
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan ”.
[6][6]Substituted
by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “the
Province of the West Pakistan , except the
[Tribal Areas]”. The words in crotchets were earlier substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for “Special Areas”.
[7][7]Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of
1975), for “[Provincial Government of
the Punjab ]”. The words in crotchets were
earlier substituted, for “Government of West Pakistan”, by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
[10][10]Added by the Punjab Tolls on
Roads and Bridges (Amendment) Ordinance, 2001 (I of 2001), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[11][11]Substituted
for the word “Collector” by the Punjab Tolls on Roads and Bridges (Amendment)
Ordinance, 2002 (XXX of 2002), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[14][14]Added by the Punjab Tolls on
Roads and Bridges (Amendment) Ordinance, 2001 (I of 2001), which will remain in
force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[15][15]Substituted for the words “or
officer subordinate to it”, by the Punjab Tolls on Roads and Bridges
(Amendment) Ordinance, 2001 (I of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
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