S.1 Short title, extent and commencement

       (1) This Act may be called in Kerala Tolls Act, 1976.
       2. It extends to the whole of the State of Kerala .
       3. It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

S.2 Definitations

       In this Act, unless the context otherwise requires,-
       (a) "bridge" means any bridge on a high way, but does not include a bridge the const of construction of which (including the cost of construction of the approach roads necessary for connecting the bridge to the highway) is less than [1] [one hundred lakhs rupees]
       [2] [(aa) "company'" means a company in which not less than fifty one per cent of the paid up share capital is held by the Government of Kerala or jointly by the Central Government and the Government of Kerala and includes a company which is a subsidiary of any such company ;
       (aaa) "corporation" means a corporation established or constituted by or under a Central or State Act and owned or controlled by the Government of Kerala;]
       (b) "high

S.3 Levy of toll

       (1) The Government may levy a toll on every motor vehicle entering a bridge constructed wholly or partly at the expense of the Government and declared open for traffic after the [6][1st day of July 1983)
       [7][Provided that if the Government are of opinion that it is necessary in a the public interest so to do, they may, by notification in the Gazette, specify any bridge in respect of which no toll shall be leviable under this sub-section. ;]
       (2) The toll shall be levied at such rate and for such period as the Government may, by notification in the Gazette, declare to be necessary for the recovery of the amounts expended upon such bridge by the Government, or such portion there of as may be decided by the Government, together with interest at such rate as they may fix.
       (3) the Government may pla

Legal Commentary on Kerala Tolls Act, 1976 - Section 3

Introduction

The Kerala Tolls Act, 1976, was enacted to regulate the levy of tolls on motor vehicles using certain bridges in the state of Kerala. Section 3 specifically addresses the authority of the government to impose tolls on vehicles entering these bridges, thereby facilitating the maintenance and construction of infrastructure.

What does Section 3 Say

Section 3 of the Kerala Tolls Act empowers the government to levy a toll on every motor vehicle entering a bridge constructed wholly or partly with public funds. The section outlines the authority to collect these tolls and the management of the collection process.

Essential Ingredients

• Authority: The government has the power to levy tolls.
• Scope: Applies to all motor vehicles entering specified bridges.
• Management: The government can delegate the collection of tolls to designated persons or entities.

Scope of Section

The scope of Section 3 is limited to motor vehicles using bridges that are constructed with public funds. It does not extend to private roads or other types of infrastructure not covered under this Act.

Punishment for Section

While Section 3 itself does not specify punishments, it implies that failure to comply with toll payment may lead to penalties as prescribed under the Act or related regulations.

Legal Comments

• Authority - The government is granted the authority to levy tolls on motor vehicles using public bridges, ensuring a structured approach to infrastructure funding. - [Source Reference]
• Public Funding - The tolls are specifically applicable to bridges constructed with public funds, emphasizing the public nature of the infrastructure. - [Source Reference]
• Management Delegation - The government can delegate toll collection to appropriate persons, which allows for flexibility in management. - [Source Reference]
• Motor Vehicle Definition - The term "motor vehicle" is broadly interpreted, encompassing various types of vehicles that may use the bridges. - [Source Reference]
• Local Authority - Local authorities may also levy tolls under certain conditions, indicating a decentralized approach to toll management. - [Source Reference]
• Regulatory Framework - The Act provides a regulatory framework for toll collection, ensuring transparency and accountability in the process. - [Source Reference]
• Public Benefit - The tolls collected are intended for the maintenance and development of public infrastructure, benefiting the community at large. - [Source Reference]
• Legal Compliance - Persons involved in toll collection are required to adhere to the same legal responsibilities as outlined in the Act, ensuring compliance. - [Source Reference]
• Amendments - The Act has undergone amendments to refine the toll levy process, reflecting the evolving needs of infrastructure management. - [Source Reference]
• Minimum Cost Threshold - There is a minimum cost threshold for bridges to be eligible for tolls, ensuring that only significant infrastructure is subject to tolls. - [Source Reference]
• Public Notification - The government is required to notify the public regarding toll rates and collection processes, promoting transparency. - [Source Reference]
• Legal Recourse - Provisions for legal recourse may exist for disputes arising from toll collection, ensuring that stakeholders have avenues for redress. - [Source Reference]
• Economic Impact - The imposition of tolls can have economic implications for transportation costs, influencing logistics and travel behavior. - [Source Reference]
• Infrastructure Development - The Act supports infrastructure development by providing a funding mechanism through tolls, which can be reinvested into public works. - [Source Reference]
• Public Consultation - There may be provisions for public consultation before toll rates are set, allowing community input into the process. - [Source Reference]
• Enforcement Mechanisms - The Act likely includes enforcement mechanisms to ensure compliance with toll payment, although specifics are not detailed in Section 3. - [Source Reference]
• Impact on Traffic - The tolls may influence traffic patterns, potentially reducing congestion on certain routes while increasing it on toll-free alternatives. - [Source Reference]
• Environmental Considerations - The Act may indirectly promote environmental considerations by funding infrastructure that supports sustainable transportation. - [Source Reference]
• Legal Framework - The Kerala Tolls Act is part of a broader legal framework governing transportation and infrastructure in the state, ensuring coherence in policy. - [Source Reference]
• Judicial Interpretation - Courts may interpret the provisions of Section 3 in light of constitutional principles, particularly concerning public access and equity. - [Source Reference]

S.4 Recovery of toll

       (1) Where any toll is not paid on demand, the officer appointed to collect the same shall seize any motor vehicle on which it is chargeable or any goods carried by such motor vehicle and if the toll remain unpaid for twenty-four hours with the cost arising from such seizure, the case shall be brought before an officer appointed by the Government by notification in the Gazette to superintend the collection of the toll.
       (2) Where a case is brought before an officer under sub-section (1), he may sell the property seized for discharge of the toll and all expenses occasioned by 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 motor vehicle or goods, as the case may be:
       Provided that if at any time before the sale has actua

S.5 Exemption

       No toll shall be payable for the passage of,-
       (a) any motor vehicle belonging to the Government of Kerala of the Government of India; and
       (b) Any stage carriage operated by the Kerala State Road Transport Corporation.]

S.6 Assistance by police Officers

All police officers shall be bound to assist the toll collectors, 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.

S.7 Power to compound tolls

       Any person entrusted with the management and collection of the toll may compound for any period not exceeding one year with any person for a certain sum to be paid by such person for himself or for any motor vehicle kept by him, in lieu of the rates of toll authorised to be levied under this Act, subject to such conditions and restriction as may be prescribed.

S.8 Penalties

       (1) Every person, other than any person appointed to collect toll, who levies or demands any toll on any bridge shall, on conviction by a Magistrate, be liable to imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
       (2) Every person who unlawfully demands or takes any other or higher toll than the lawful toll, or under the colour of this Act seizes or sells any property knowing such seizure or sale to be unlawful, or in any manner unlawfully extorts money or any valuable thing from any person under colour of this Act, shall, on conviction by a Magistrate, be liable to imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
       (3) Whoever-
       (a) attempts to cross a

S.9 Exhibition of table of tolls and statement of penalties

       A table of the tolls authorised to be taken in respect of a bridge shall be put up in a conspicicuous place near the entrance to such bridge legibly written or printed in English words and figures and also in those of the regional language.

S.10 Bar to proceedings

       No suit prosecution or other legal proceeding shall lie against any officer or other person for anything which is in good faith done or intended to be done under this Act.

S.11 Power to make rules

       The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provided for-
       (a) determination of the rate of levy of the toll;
       (b) method of collection of the toll;
       (c) any other matter which has to be, or may be, prescribed.
       (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly for a period of fourteen days which may be comprised in one session or in two successive session and if before the expiry of the session in which it is so laid or the session immediately following, the

S.12 Establishment of [Bridges Fund) and it utilisation

       (1) On the commencement of this Act, there shall be established a fund to be called the Kerala State [14][Bridges Fund} (hereinafter in this section referred to as the Bridges and Roads Fund). (hereinafter in this section referred to as the Bridges and Roads fund).
       (2) The proceeds of the toll levied and collected under this Act [15][by the Government] together with the fines, interest and fees recovered thereunder shall first be credited to the Consolidated Fund of the State and, after deducting the expenses of collection and recovery as determined by the Government, the remaining amount shall, under appropriation duly made by law in this behalf, be entered into and transferred to the Bridges and Roads Fund.
       (3) Any amount transferred to the Bridges and Roads Fund shall be charged on the Consolidated Fund of the State.
  &n

S.13 Power to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require by order do anything, not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty.