Year : 1851
ARRANGEMENT OF SECTIONS
Release of seized property on tender of dues.
[4th July, 1851.]
Preamble.—WHEREAS it is expedient to enable Government to levy tolls upon roads and bridges; it is enacted as follows:—
2 [1A. Extent.—This Act extends to the territories administered on the fourth of July, eighteen hundred and fifty-one, by the Governor of the Presidency of Fort William in Bengal, the Lieutenant-Governor of North-Western Provinces of Bengal and the Governor of the Presidency of Fort St. George in Council.]
This Act should be read with the Indian Tolls Act, 1864 (15 of 1864), and the Indian Tolls Act, 1888 (8 of 1888).
This Act has been amended in Assam by Assam Act 3 of 1931 and Act 1 of 1932; C. P. by C.P. Act 8 of 1932, Madras by Madras Act 6 of 1938, Act 14 of 1942 and Act 26 of 1950.
This Act is deemed to be in force throughout the territories administered by the Lieutenant-Governor of the Punjab on the 5th September, 1888 and to have been in force, from the 21st August 1857, in the territories for the time being administered as part of the Punjab.
It has been extended under s. 3 of Act 15 of 1864 to Ajmer and Merwara, see Gazette of India, 1889, Pt. II, p. 562.
It has been declared to be in force in the C.P. and the Sambalpur District by the C. P. Laws Act, 1875 (20 of 1875), s. 3; in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.
It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:—
The Districts of Hazaribagh, Lohardaga (now the Ranchi District,
see Calcutta Gazette, 1899, Pt. I, p. 44),
and Manbhum, and Pargana Dhalbhum and
Kolhan in the District of Singbhum. . . See Gazette of India, 1881, Pt. I, p. 504. The District of Lahaul . . . . . Ditto 1886, Pt. I, p. 301. It has been extended by notification under s. 5 of the last mentioned Act to the Scheduled District of Coorg, see Gazette of
India, 1878, Pt. I, p. 45; to the Scheduled Districts in Ganjam and Vizagapatam, see ibid., 1899, Pt. I, p. 720; to the Ducharti and Guditeru Muttahs, Yellavaram taluk, East Godavari Agency, see Notification No. 110, dated 22nd April, 1927, Fort St. George Gazette, 1927, Pt. I, p. 661, and to the District of Darjeeling, see Calcutta Gazette, 1934, Pt. I, p. 179.
It has been repealed in the Presidency of Bombay, to which it originally applied by the Bombay Tolls Act 1875 (Bom. Act 3 of 1875), s. 1 and has also been amended in Assam by Assam Acts 3 of 1931 and 1 of 1932; C.P. by C. P. Act 8 of 1932; and Madras by Madras Acts 6 of 1938 and 14 of 1942.
It has been repealed in Mysore by Mysore Act 29 of 1958.
The Act has been extended to the whole of Madhya Pradesh by M.P. Act 23 of 1958 and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and the Schedule.
The Act has been amended in its application to Uttar Pradesh by U.P. Act 5 of 1957, Andhra Pradesh by A.P. Act 17 of 1975 and West Bengal by W.B. Act 18 of 1978.
The authority of the Provincial Government in any Province of India not specified in s. 1A to which this Act and the Indian Tolls Act, 1864 (15 of 1864), may be or have been extended, is to be the same as if it had been originally specified in s. 2. See the Indian Tolls Act, 1888 (8 of 1888), s. 2(1).
management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the land revenue.
Amendment of section 2.—In section 2 of the Indian Tolls Act, 1851(8 of 1851) in its application to the State of Orissa, for the words “at the expense of the Central or any State Government”, the words “at the expense of the Central or any State Government or any Corporation, Statutory Body, Company, Firm or person authorized by the State Government for this purpose” shall be substituted.
[Vide the Orissa Act 7 of 1999, s. 2]
Release of seized property on tender of dues.—Provided that, if, at any time before the sale has actually begun, the person whose property, has been seized shall tender the amount of all the expenses incurred, and of double the toll payable by him, the said officer shall forthwith release the property seized.
Amendment of section 4.—In section 4 of the Indian Tolls Act, 1851 (8 of 1851), in its application to the State of Orissa, after the words “shall be paid for the passage of” the words “the State Government Vehicles on Government duty and” shall be inserted.
[Vide the Orissa Act 13 of 1987, s. 2]
written or printed in English words and figures, and also in those of the vernacular language of the district, to which shall be annexed, written or printed in like manner, a statement of the penalties for refusing to pay the tolls and for taking any lawful toll.
8. Application of proceeds of tolls.—The tolls levied under this Act shall be deemed public revenue
[SCHEDULE.] Rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and the First Schedule.
1. The words “but the net proceeds thereof shall be applied wholly to the construction, repair and maintenance roads and bridges within the presidency in which they are levied” omitted by the A.O. 1937.