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HARYANA GOVT GAZ. (EXTRA.), MARCH 29, 1996 11s

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(CEITR. 9, 1918 SAKA)

PART I
LEGISLATIVE DEPARTMENT
\
Nolificntion
Thc 29111 M a ~ c l i ,1996
NO. Leg. 9196.-T!le following Act of the Legislature of the
State of Haryana recelved the assent of the Governor of Pnrynna
I
on the 21st March, 1996, and in hereby publislled for general
, Information :-
EIARYANA ACT NO. 9 OF 1996 , .

1 THE HARYANA MECBANICAL VEHICLES (LEVY OF TOLLS)

ACT. 1996
AN
. .
ACTLatestLaws.com
te. provide for the levy and collection.of tolls in respect oJ use of , 1 i
road facilities, road infrastructure including bridges, tunnels, i
" . fl2/overs, ferries, approach roads or sections of new roads or
II
'
by-passes and to provide jor the p7,ivate management 01 roads.
'
BE it enacted by the Legislature of the State of Haryana in the
~oity-seventhYear oP Republic df India as follows : -
e

.,
1..( 1 ) This Act may be called the Haryana Mechanical Vehicles
(Levy of Tolls) Act, 1996:
short 1lt10 a d
mtont.
' iI
(2) It extends to the whole of the State of Haryana.
2. I n this Act, unless the context otherwise requires,- M[bdtionr. !f
(a) "Government" means the Government of State oP
I
Haryana ; ,
( b ) "mechanical vehicle" means any laden or unladen veh<cle ,-
designed to be driven under its own power including a - ,, . I
I
/
motor vehicle as defined in clause (28) of section 2 of the I

Motor Vehicles Act, 1988: but does not include a cart or

bicycle ;
\
',_I 1,
' i l
- .
(c) "National Highways" shall have the ,meaning assigned to,
it in the National Highways Act, 1956 ;
( d ) "Prescribed" means prescribed by rules made under this
Act ; '
i
e
means a person authorised by State Go-
toll in respect of any .mechanical
vehicle under this Act and includes a ' ~ o v e r n m e n tservant
or an agent appointed for this purpose ; 0 .
(f) "toll ficility" means road facilities or road infrastructure
and shall include bridges, tunnels, flyovers, ferries,
approach roads or section of new roads or by-passes which
may, from time to time, be notified as such by 'the State
 LatestLaws.com

116 IlARYANA GOVT. GAZ. (EXTRA.), MARCH 29,1996

(CHTR.9, 1918 SAKA)
(8) A1
(g) "ivban road lilts'' means,- + tolls undc
((I) a portion 01 existing National 1-Iighvrays lying within repair . a.
towns having u populution oE 20,000 or morc ; and practice!;
( b ) n?nds i n towns lmviug 11 populatlon oI 20,000 or lnorc ferrluu, 31:
connecting the points of the two or more National the case r.
I-Iighways at the boundary ,of the '9~41.
. 8. Th
Levy or loll 3. . There shall bc levied and paid to the Toll Collector on every
and paymcnt. of any inj
mechanical vehicle passing over any toll facility, notified as such from the f
.I
.. , under the Act, a toll and at such rate, place and for such period as. the tolls n.
,.
the Governmelit may, from time to time by notification, determine : this Act.
Provided that n o toll shall be 'levied on any mechanical vehicle
9. Th,
crossing or using any toll facility on National Highways or urban
stop when
road links.
. . . carry out 1
A u ~ l ~ o r i a a l l o ~ ~ 4. 'The Government may, by notification, authorise any person 10. . (1
f o r Collccllon
of toll. who has agreed to construct, reconstruct, improve, strengtllen>&iden, (a) :
repair or maintain any road, road infrastructure including l)ridg&s,
. .
tunnels, ferries, approach roads or seqtion of new roads or by-passes
which has been declared as a part of the to11 facilities, to demand,
collect and retain tolls forCsuch period and at such rates as may
be specified in the notification for the use of such toll facilities.
. .
l'roccdurc. , 5. Every person incharge of: a mechanical vehicle shall, before
or 'after passing on toll facility, pay to the.Tol1 Collector, the toll
and shall obtain a receipt from him in token of havingpaid the shall, on
amount' thereof. which may
BrcCtioo of to simple i
i Darricr. %G. Any person authorised to demand, collect and retain tolls
under clause (e) of section2 may cause a barrier to be erected at (2) No
any,place where tolls are to be paid, and such b~.rriermay be kept this Act
against any 'person 03 vehicle until the toll due in respect of such Collector.
person or vehicle, has been paid.
11. No
.- ~ ; l i = to n l o i n - ~ 7. (1) A$y .person authorised to demand, collect and retain against any
lain account tolls 'under sections . 3 and 4 shall-
book!, r m r d s 2 \ thing done
. eta. ~n rcspmct
of lolls and
( a ) maintain such account books and recorcls in respect of the . Act or the I
. rnalntenonce or
rund fscilily.
payment and collection of tolls, as may be prescribed ;.
(b) fwnish to the Government .such information, returns and
-accounts in respect of the payment and collection of tolls, 12. No
as may be' prescribed. ; . . matter whi
(c) permit any person authorised by the Government to have empowered
I: . access to, or to' examine or inspect, any account . books, : .dispose of o
. .
. .
:

records, documents, machinery o r equipment maintained . 4 the Govern

or used for the payment or collection od'tolls. [\>Vested in it
.-.
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8 ,

fiAKYANA GOVT. GAZ. (EXTRA.), MARCH 29, 1996 117

>98.
(CHTR. 9, 1918 SAKA)
'

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-
'

- (2) Any persol1 who is authoxised lo demand, collect and retain . . ' . I. ' 1
I . .,
tolls under an order made under section 4, shall maintain in good
repair . and condition and in accordance with sound {enfineering
prrctlces the road, roncl infrnstructure including bridges, tunnels,
. .
ferries, approach r o d s or section of new roads o r byrpasses, as . . .
. . .. . .
. . . .
the caeo may ba, in raspo!t of whlah the brder la made.

8. ?he Government shall not be liable to any person in respect D~!icSj for
malotcnancc. I!
of any injury, damage or loss of any description whatsoever arising
from the failure of the person entitled to demand, collect and retain . ,
the tolls notifiGd under section 4 to carry out any of his duties under
,. . , -.. *",.1
. . . ,
\
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nl 'vehicle 9. Thedriver of a mechanical vehicle shall cause the vehicle to

Power of Toll !
Oi' wibad
.
stop when required to do so by the Toll Collector to enable him to
~ ~ l l ~ t ~ ~ . ' I
.
carry out the duties imposed on him by or under this Act.
OIlcuccs and
~y,person : 10. ' (I) Whosoever- penalties.
,n:widen. A ' ( a ) attempts to pass on a toll facility without compl$ng with
' , ,
:: Izridges, the provisions of this Act ; or
by-passes
deemand, ,
( b ) obstructs the Toll Collector .in the discharge of .his duties
j as may
, imposed by or under this Act ; or , . '. 4
..
!
I
ilitics. (c) contravenes any other provision of this Act or the rules
11, before
made thereunder or ;any order or direction made under . '1
any such provision or rule,
, the toll ., . ' 1
I
paid the . sh&l, on conviction, be liable to a fine of one thousand rupees.
. . which may extend to five thousand rupees and in default, sentenced 1

tain tolls
'
to simple irnpfisonment for a term not exceeding six months.
rected a t (2) No Magistrate shall take cognizance of any offence,under !
be kept this Act except on a complaint, in writing, made by the Toll
: of such Collec'tor. . ,
i '

retain 11. N o suit, prosecution or other legal proceedings shall lie ~ ~ ~ ~ ~ t ~ ~ [ e n , ~ t ' !

,' ..
against any person, authorised to act, by or under this,Act, for any-- goodfaith.
thing done or purporting to have been done in good faith under this
:t of the
Act or the rules made thereunder,
bed ; . .
rns and
civil court shall have jurisdiction in respect of any 1
12. No , ' . I
,
. . matter which the Government or any other person or authority Js - ,,tS. I
empowered by or under this Act or the rules tnade .thereunder, to
L ,

to hive
.dispose of or take cognizance of, and regarding the manner in which
books,
ntained the Government dr such ,person or. authority exercise dny
i--\lesteS in it or him by or under this Act or the pules made thereunder;
.r I
.. !
I
I .
. -
1

, . 0 8,
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wwrto rxmpt. 13. The Statc Governme~~t may, by notilication in the Official
Gazette, exempt any person or class ol' persons, or any mechanical
vehicle from the payment of tolls.

C
110wtlotnuko 14. (1) 'Tllc Slotc Govcr~r~ncnl may, by i~Ilolication,inakc rules
nu-. for securing the levy and collection of toll and generally for carry-
.ing out the purposes of this Act including the rate of toll on any toll
! facility and the period for Its levy.
, .
I ' I . . .I

1 (2) Every rule made under this,section shall be laid, as soon as

1 . may be, after it is made before the House of the State Legislature
. - while it is in session for a-total period of ten days which may be
comprised in one session or i n t w o succ'essive sesqions, and if before
the expiry of the session in which it is sd laid or!the session imrne-
. diately following,' the House agrees in.making any modification in
the rule or the House agrees that the rule should not be made, the
. . rule shall thereafter have effect, only in such modified form or be
of no effect, as the case may be, so how eve^, t'lat any such modifica-
tion or annulment shall be without prejudice to the validity of any-
thing previously done unaer that rule.
R.?cd. 15. The Haryana ~ c c h a i i c a lvehicles (Bridge Tolls) Act;. 1974
lllaryana Act N o . 44 01 1974),is hereby repealed.

Secretary to Government. Haryana,

Leghlatlve Department.