The ORISSA STATE ROADS TOLLS ACT, 2010

TME RJSS.ll. STATE ROADS TOLLS .£\CT, TABLE OF CONTENTS PREAMBLE SECTIONS·. 1. Short title, extent, commencement and application. 2. Definitions. 3. Power to levy and collect tolls. 4. Power of Stat.e Government to enter into agreement for deveioprnent, construction and maintenance etc. of. State Roads and bri'dges. 5. Recovery of tolls. 6. Exemption from payment of tolls. 7. Assista.nc~ by police officer. , 8. Penalty for u·nauthorised collection and award of compensation. · 9. Complaint for unauthorised collection.. 10. Display of information. 11. Act to override other laws. 12. Protection of action taken in good faith. 13. Power to make rules. i 4. Power to remove difficulties. The Oris.sa tt EXTRAORDINARY. PUBLISHED BY AUTHORITY No. 1519, CUTTACK, FRIDAY~ SEPTEMBER 24, 2010 I ASWINA 2, 1932 LAW DEPARTMENT NOTIFICATION The 23rd September, 2010 No.10547/L.-31/2009/1-Legis.__:.The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 17th September, 201 O is hereby published for general information. ORI SSA ACT 6 OF. 2010 THE ORISSA STATE ROADS TOLLS ACT, 2010 AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO LEVY AND COLLECTION OF TOLLS FOR USING STATE ROADS INCLUDING BRIDGES ON STATE ROADS AND TO PROVIDE FOR PRIVATE PARTICIPATION IN CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF SUCH .BRIDGES AND ROADS IN THE STATE AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the Legislature of the State of Orissa i1J the Sixty-first Year of the Republic of India, as tollows:- Short title, 1. ( 1) This Act may be called the Oi"issa State Roads Tolls extent, Act 2010. commence 1 ment and application. (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the State Government may, by notification, appoint. 2 \'-\\ ( 4) It shall apply to every State Road under the State Government including section thereo·f and every bridoe constructed on or across such State Roads as the State Oovernment may, by notification, specify, from time to time. Definitions. 2. In this Act, unless the context otherwise requires,- (a) "bridge" means a permanent structure on State Road of any category providing passage for a road traffic or other moving ioads over depression or obstruction. such as channel, river, .road or railway, as the case may be, and includes rqad over bridge, flyover and road1Jnder bridge; (b) "bypass" means a section of State Road that avoid a city, town or vill9ge; (c) "Company" means Government Company as defined in section 617 of the Companies Act, 1956; 1 of 1956. ( d) "concessionaire" means a person with whom an agreement has been entered into under section 4; ( e) "Corporation" means a ·corporation established by or under a Central Act or State Act, which is controlled or managed by the Central Government or State Government; ( f) "executing authority" means the State Government or officer of the State Government, Corpe ration or Company to whom responsibility for making, repairing or improving a State Road ·or bridge is entrusted by the State Government; (g) "mechanical vehicle'~ means any vehicle driven under its own power including a motor vehicle as defined under the Motor Vehicle Act, 1988; 59 of 1988. . ·. ' (h). "prescribed" means prescribed by rules; ~· 3 · · (1) "prescribed authority" means the the State Government for tl"1e purpose collection of tolls under this i\ct; . (J) "road over bridge" means a section of State Road constructe;j • over a railway or road to facilitate flow of traffic; (k) "road under bridge" means a section ·of State Road constructed under a railway or road to facilitate fiow of traffic; (~ ''rules" means rules made under this Act; a (m) "State Road" means continuous l;=:ngth of the whole or part of a State Highway, Major District Road, other District Road or Village Road and includes a bypass but shall not include National Highways as specified in the Schedule to ihe National Highways Act, 1956; 45 of 1956. Explanation.-ln this clause, the expression- . (1) "State Highway" means any arterial route of the State linking any district headquarters or important cities within the State and connecting it with a National Hii;;Jhway or Highway of any neighboring State; (ii) "Major District Road" means any important roads within a 'district serving areas of production and markets, and connecting it with another such road or with a Highway; (iii) "other District Road" means a road serving any rural area of production and providing it with an outlet to a market centre, Tahasil headquarters, block headquarters or other main road; (iv) "Village Road" means a road connecting any village or · group of villages with any other village or group of villages and fo-the nearest road of a higher category. ,-.,.. 4 (n) "toll gate" means any building, structure or booth made for . collection of tolls; and . (o) "Wholesale Price Index" _means Wholesale Price Index as released by the Office· of the :Ec~no~ic Advisor, Ministry of .Commerce and Industry, Government of India or any index published in substitution thereof, as may be notified in the Official Gazette by the Central Government. Power to levy 3. ( 1) The_ State Government.may, by notification, levy toll at such and collect tolls. rates as may be laid down by rules made in this behalf on every mechanical .v ehicle for using any Stat~ Road or bridge which has been, or shall· hereafter tfe; made,. repaired or impro".'ed at the exper:lSes of the Central or State Government or any Corporation or Company. (2) The State .Government may revise the toll rate fixed under · sub'-section (1) each year link.ing with ·the Wholesale Price Index in the manner as may be prescribed. (3) Such tolls, wlien so levied, shall be collecte·d in acpordance with the rules made under this Act and all persons employed in relation to . colleqtion of tolls shall be liable to.the same responsibilities as would belong to them if employed in the collection of the land revenue . . . Power of 4. ( 1) Notwithstanding anything contained in this Act, the . State · State Government Government inay enter into an agreement with any person in relation to to enter into construction, development, maintenance and operation of any State Road agreement. · · · . . ' . . . tor or bridge. · · development, construction (2) Notwithstanding anything contained in section 3, th.e person and maintenance· referred to in sub-section (1) ·is entitled to collect and retain tolls at such etc. of State · . · Roads and rate, tor services or benefits ren·dered by him, as the State Government bridges. may, subject to rules,· by notification, specify having regard to the expenditure. inv9l_ved in construction, development, maintenance and operation of the _ . whole or part of such State Road and bridge, interest on the capital inv:sted, · reasonable return, the volume of traffic and the period of such agreement .. 5 .{ : Reco11ery of 5. ( 1) When any toll is not paid on demand, the person authorised · tolls. to collect the same shall seize any mechanical vehicle on which it is chargeable or any goods carried by such mechanical vehicle and if the toll remains unpaid for twenty-four hours with the cost arising from such seizure, the case shall be brought before the prescribed authority. (2) Where a case is brought before the prescribed authority, he may sell the property seized tor discharge of the toll and all expenses incurred for such non-payment, seizure and sale of the property in public . auction., and any balance that may remain after such discharge shall be returned, on demand, to the owner of the mechanical vehicle or goods, as the case may be: Provided that if, at any time before the sal.e has actually begun, the person whose property has been seized tendered the amount of all the expenses. incurred and double t~e toll payable by him, the property so seized shall, forthwit~. be released. · Exemption 6 .. The St.ate Government may exempt such mechanical vehicles from as may be prescribed from the levy or payment of tolls. payment of - tolls. Assistance 7. Every police officer shall be bound to assist the person authorised by police to collect toll, when required, in execution of the provisions of this Act and officer. forth~t purpose, shall have the same power which they have in the exercise of their ordinary .police duties. Penalty for 8. ( 1) Every person other than the persons authorised to collect the unaut~orised tolls under this Act, who levies or demands any toll on any State Road or collect1on a~d award of bridge shall,, on conviction, be liable fer imprisonment for a term wh1ct1 compensation. may extend to six months or wi.th fine which may extend to two thousand rupees or with both. (2) Every persons who unlawfully demands or takes any toll at a higher rate than lawfully levied under this Act or seizes or sells any property knowing such seizure or sale to be unlawful or in any manner unlawfully extorts money or any valuable things from any person under the colours of this Act, shall, on conviction, be liable to imprisonment for a term which may extend to six· months or with fine which may extend to two thousand rupees or with both .. 6 or a Magistrate imposes sentence fine or (3) juclgerneht, ~o.rms a part, tile Magistrate may, when passing order the \iVhoie or any part of the fine recovered to be paid to the person lm loss or injury caused to him tor the unauthorized collection ot toll. ' (4) No Magistrate shall take cognizance of any· offence under this Act except on a complaint in writing made by an officer authorised by . the State Government ln this behalf. 9 .. ( 1) Any driver, owner or person in charge of a mechanical vehicle Gomplalnt for ucon!ateucthtioorni.s ed aggrieved b::t unauthorised collection of tolls may lodge a complaint before " the prescribed authority who shall, after hearing the parties, pass an order on such c.omptaint for refund of excess· payment and damages tor the . t • inconvenience suffered by such user. : (2) Any person aggrieved by the order passed under sub-section (1) · may, within thirty days of the communication of the order, prefer an appeal as to such authority may be prescribed who shall, after giving reasonable opportunity of being hea.rd to the parties, pass such order as itrriay deem fit. 10. The exec11ting authority or the concessionaire, as the case may Display of information. be, shall display in a .c onspicuous place near the toll gate legibly written or printed in English and in Oriya Language, the amount of toll payable for each class of mechanical vehicle, the categories of vehicle exempted from . payment of toll and the name, address and telephone number or contact numbe.r of the executing authority or the. concessionaire. . 11. ( 1) If any provision contained in any State Act is repugnant to Ar!!. to override any provision contained in this Act, the provision of this Act shall prevail · other laws. over the provision contained in any such State Act and such, provisions of th.e State Act shall, to the extent of repugnancy, be void. (2) Notwithstandinig anything contrary contained in the Indian Tolls Act, 1851,, as amended from time to time,. the provisions of this Act 8 c shall have an overriding effect. •. 7 Protection of · 12. No prosecution, suit or other legal proceedings shall lie against action taken . · · in good faith. the executing authority or concessionaire or any person authorised to act by or under this Act for anything done or intended to be done in good faith in pursuance of this Act or rule~. Power to 13. ( 1) The State Government may by notification, make rules for make rules. carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the of foregoing powers, such rules may provide for all or any the following matters, namely:- (a) the rate ~t Y'fhich toll may be levied, the manner in which such toll shall be collected and the method of revision of tolls under section 3; (b} mechanical vehicles to be exempted from levy or payment of tolls under section 6; ( c) appellate authority under section 9; and ( d) any other matter for which provision should be made under this Act. Power to · 14. ( 1) If any difficulty arises in giving effect to the provisions of this remove Act, the State Government may, by order, publish in the official Gazette, difficulties. make necessary provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulties: Provided that no order shall be made under this section after expiry ·of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Orissa Legislative Assembly. By Order of the Governor D.DASH Principal Secretary to Government Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-1 O · OGP/SBP., Ex. Gaz. No.1067-193+580 .•