Levy of Tolls Act, 1995 (1938 A.D.)
(Act No. 8 of 1995)
(a) if the default is for a period not exceeding six months at 2% per month and
(b) if the default is for a period exceeding six months at 3% per month.7. Police Officers bound to assist Toll Officers. - All Police Officers shall be bound to assist Toll Officers when required, in the execution of this Act and for that purpose shall have the same power which they have in the exercise of their ordinary police duties. 8. Offences. - "Whoever trans-ships, abets or attempts the trans-shipment of goods from a carriage or animal on which the toll is chargeable at a higher rate to a carriage or animal on which the toll is chargeable at a lower rate, or vice versa, or whoever adopts any device to evade payment of toll at a toll-gate or station, shall be liable to a fine which may extend to 5 times the amount of actual toll leviable or [500 rupees], whichever be greater." 9. Obstruction to Toll Officers. - If any person intentionally obstructs any toll Officer, or any other person duly employed in the collection of tolls in the exercise of any powers given under this Act to any officers or person, he shall be liable to imprisonment not exceeding six months, or to fine not exceeding 1,000 rupees, or to both. 10. Connivance at fraud or breach of duty by Toll Officers. - If any Toll Officer or other person employed for the collection of toll, practices or attempts to practice any fraud for the purpose of injuring the toll revenue or abets or connives at any such fraud, or if any such officer or person is guilty of a wilful breach of the condition of this Act, he shall be liable to imprisonment for any term not exceeding two years, or to a fine not exceeding 1,000 rupees, or to both. The punishment prescribed under the provisions of this section shall be in addition to any departmental punishment which may be inflicted on the offender under the departmental punishment and appeal rules. 11. For offences not otherwise provided for. - (1) Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act or of any rule or order made under this Act and not otherwise provided for in this Act, shall, on conviction before [a Judicial Magistrate] of the first class, be punished for each such wilful act or omission with fine which may extend to one hundred rupees. (2) Whoever having been previously convicted of an offence under this Act is again convicted of an offence punishable under this Act shall be liable for every such subsequent offence to punishment not exceeding double the punishment provided therefor by this Act. 12. Penalty on unathorised person demanding tolls and for illegal demand. - Every person, other than the person appointed to collect the tolls under this Act, who shall levy or demand any toll on any public road or bridge or for passing through any bazar situated thereon, and also every person who shall unlawfully and extortionately demand or take any other or higher toll than the law full toll, or under colour of this Act seize or sell any property knowing such seizure or sale to be unlawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of this Act, shall be liable on conviction before [a Judicial Magistrate] to imprisonment for any term not exceeding six months, or to fine not exceeding "Rs. 5000/- or with both" any part of which fine may be awarded by the Magistrate to the person aggrieved but this remedy shall not be deemed to bar on effect his right to have redress by suit in the civil court. 13. Offences by whom punishable. - (1) The Officer-in-charge of the toll-gate or station may, by order, impose fine on any person guilty of any offence under section 8. (2) Before passing an order under sub-section (1) such officer shall give the person in the default an opportunity of being heard. (3) The fine imposed under sub-section (1) may, on a requisition being made in this behalf by the officer inflicting fine, be realised by a Magistrate having jurisdiction as if it had been inflicted by himself. (4) Copy of the order passed under sub-section (1) shall be sent to the Excise Commissioner if officer incharge is a Deputy Excise Commissioner and to the Deputy Excise Commissioner if the officer is other than a Deputy Excise Commissioner. 14. Appeal and revision. - (1) Any person aggrieved by an order passed under sub-section (1) of section 13 may, within a period of three months from the date of such order, prefer an appeal before the Deputy Excise Commissioner (Executive) of the province where such order has been passed by an officer below the rank of Deputy Excise Commissioner and in any other case, before Excise Commissioner. (2) Every order passed in appeal under this section shall, subject to the powers revision conferred by sub-sections (3) and (4), be final. (3) The Excise Commissioner may, at any time, call for and examine the record of any order passed by the Deputy Commissioner under sub-section (1), for the purpose of satisfying himself as to the legality of such order and may pass such order in reference thereto, as he may deem fit. (4) The Government may, at any time, call for and examine the record of any order passed by the Excise Commissioner under sub-section (1) for the purpose of satisfying itself as to the legality of such order and may pass such order in reference thereto, as he may deem fit: Provided that no order under sub-section (3) or sub-section (4), which is prejudicial to any person, shall be passed without giving such person an opportunity of being heard.] 15. Deposit pending appeal. - Where any toll or penalty has been demanded under the provisions of this Act, the person desirous of appealing against such decision or order shall, not withstanding his intention of appealing or filing an appeal, deposit in the hands of the Toll Officer at the toll-gate or station the amount demanded by the officer passing such decision or order. 16. No compensation for loss or injury except on proof of neglect or wilful act. - No person liable to pay tolls in respect of a carriage or animal shall be entitled to claim any compensation from any Toll Officer for any loss or damage to him at any time while the carriage or animal are lawfully detained at any toll-gate or station, unless it be proved that such loss or damage was occasioned by the wilful neglect or malicious act of the Toll Officer. 17. Power to make rules. - The Government may, by notification in the Jammu & Kashmir Government Gazette, make rules from time to time for the purpose of carrying out the provisions of this Act 18. Repeal. - All orders and notifications having the force of law issued regarding the levy of road toll upon public roads and bridges shall be repealed with effect from the date this Act comes into force. Without prejudice to the generality of the foregoing provisions the enactments mentioned in the second schedule hereto annexed are hereby repealed to the extent specified in the 3rd column thereof but not so as to render invalid anything done in accordance with any of them.