The Gujarat Motor Transport Vehicles Toll Act, 1992

{
    "id": 642,
    "slug": "gujarat-motor-transport-vehicles-toll-act-1992",
    "title": "The Gujarat Motor Transport Vehicles Toll Act, 1992",
    "short_title": "The Gujarat Motor Transport Vehicles Toll Act, 1992",
    "act_number": "7",
    "act_year": 1992,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "repealed",
    "enactment_date": "1992-04-01",
    "description": "The Gujarat Motor Transport Vehicles Toll Act, 1992",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement.                                                        1",
            "chapter": null,
            "content": "(1) This Act may be called the Gujarat Motor Transport Vehicles Toll Act,\r\n1992.\r\n(2) It extends to the whole of the State of Gujarat.\r\n(3) It shall come into force on such date as the State Government may, by\r\nnotification in the Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(a)                                                                               1(a)",
            "chapter": null,
            "content": "(a) \"barrier\" means a barrier established under section 4;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(b)                                                                               1(b)",
            "chapter": null,
            "content": "(b) \"motor transport vehicle\" means a stage carriage, contract carriage or\r\ngoods carriage as defined in the Motor Vehicles Act, 1988;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 3
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(c)                                                                               1(c)",
            "chapter": null,
            "content": "(c) \"operator\" means any person whose name is entered in the permit in\r\nrespect of the motor transport vehicle as the holder thereof or where the motor\r\ntransport vehicle is used or caused or allowed to be used without a permit, a\r\nperson in whose name that vehicle is registered under the Motor Vehicles\r\nAct, 1988 and includes any person having the possession or control or for the\r\ntime being in-charge of the motor transport vehicle;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 4
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(d)                                                                               1(d)",
            "chapter": null,
            "content": "(d) \"prescribed\" means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 5
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(e)                                                                               1(e)",
            "chapter": null,
            "content": "(e) \"toll\" means the toll levied under section 3 of this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 6
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(f)",
            "chapter": null,
            "content": "(f) 'Toll Tax Officer\" means such officer or officers as the State Government\r\nmay, by notification in the Official Gazette, appoint to be the Toll Tax Officer\r\nfor the whole of the State of Gujarat or any area or areas thereof for the\r\npurposes of this Act and includes a Taxation Authority appointed under the\r\nBombay Motor Vehicles Tax Act, 1958;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 7
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.(g)                                                                               1(g)",
            "chapter": null,
            "content": "(g) words and expressions used and not defined in this Act shall have the\r\nmeanings respectively assigned to them in the Motor Vehicles Act, 1988",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "3",
            "title": "Section 3. Levy of toll.",
            "chapter": null,
            "content": "2\r\n[(1) Notwithstanding anything contained in any law for the time being in\r\nforce, there shall be levied and collected a toll on every entry in the State of\r\nGujarat, of a motor transport vehicle plying under a permit granted or deemed\r\nto have been granted under the Motor Vehicles Act, 1988 by an authority\r\nhaving jurisdiction outside the State of Gujarat, at such rate not exceeding one\r\nhundred rupees per vehicle, as the State Government may, by notification in\r\nthe Official Gazette, specify.]\r\n(2) The toll shall be paid by the operator of the motor transport vehicle in\r\ncash.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "4",
            "title": "Section 4. Establishment of barriers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "5",
            "title": "Section 5. Prohibition of entry without paying toll.",
            "chapter": null,
            "content": " The motor transport vehicle liable to pay toll under section 3 shall not be allowed\r\nto enter or ply unless the toll is paid, and the Toll Tax Officer shall have power to\r\nprevent such vehicle from entering or plying in the State in contravention of the  provisons of the act ",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "6",
            "title": "Section 6. Powers to stop and detain vehicle.",
            "chapter": null,
            "content": "(1) Whenever so required by Toll Tax Officer or any other person authorised\r\nby him in this behalf, the driver or the person-in-charge of motor transport\r\nvehicle shall stop the vehicle at the barrier or any other place within the State\r\nand cause it to remain stationary so long as reasonably necessary to enable the\r\nToll Tax Officer or the person so authorised to satisfy himself that the amount\r\nof toll, if payable, has been paid and the other provisions of the Act have been\r\ncomplied with.\r\n(2) When the Toll Tax Officer or the person authorised by him under subsection (1) has reason to believe,-\r\n(a) that the toll has not been paid, he may detain the motor transport\r\nvehicle or any part or accessory thereof, which is considered\r\nsufficient in his opinion for realisation of tile toll, until the toll is paid,\r\nor.\r\n(b) that any breach of the provisions of this Act has been committed,\r\ndetain the motor transport vehicle or any part or accessory thereof,\r\nwhich is considered sufficient in his opinion for realisation of the\r\nmaximum amount of penalty leviable under section 7, until the\r\npenalty is paid or security equivalent to such amount is furnished:\r\nProvided that no action under this sub-section shall be taken\r\nunless the driver or operator of such vehicle has been given a\r\nreasonable opportunity of being heard.\r\n(3) The vehicle and its accessory so detained or the security so furnished shall\r\nbe dealt with in such manner as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "7",
            "title": "Section 7. Penalty.",
            "chapter": null,
            "content": "If the Toll Tax Officer is satisfied after making such enquiry, as he may be\r\nnecessary that any person has committed a breach of any of the provisions of this Act\r\nor the rules made thereunder, he may order that such person shall pay by way of\r\npenalty, in addition to the toll, if any, payable by him, a sum not exceeding two\r\nhundred and fifty rupees:\r\nProvided that no such order shall be made unless such person has been given\r\na reasonable opportunity of being heard.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "8",
            "title": "Section 8. Appeal.",
            "chapter": null,
            "content": "Any person aggrieved by an order made under section 7 may, within thirty days\r\nfrom the communication of such order to him, prefer an appeal against such order to\r\nsuch appellate authority in such manner and on payment of such fees, as may be\r\nprescribed and the order passed thereon by the appellate authority shall be final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "9",
            "title": "Section 9. Manner of levy payment and collection of toll, etc.",
            "chapter": null,
            "content": "(1) The toll shall be levied, paid and collected in such manner, as may be pre\r\nscribed.\r\n(2) Without prejudice to the provisions of sub-section (1), any toll, penalty or\r\nother dues recoverable under this Act, if not paid within fifteen days of its\r\nbecoming due, may be recovered as arrears of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "10",
            "title": "Section 10. Power of State Government to exempt from toll.",
            "chapter": null,
            "content": " The State Government may, by notification in the Official Gazette, exempt in\r\nwhole or in part any motor transport vehicle or class of motor transport Vehicles from\r\nthe payment of toll for such period and subject to such restrictions and conditions as\r\nmay be specified in the notification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "11",
            "title": "Section 11. Reciprocal agreement.",
            "chapter": null,
            "content": "Notwithstanding anything contained in this Act, where any reciprocal agreement\r\nrelating to levy, collection and payment of the toll is entered into by the State\r\nGovernment with any other State Government, the levy collection and payment of the\r\ntoll shall be in accordance with the terms and conditions of such agreement:\r\nProvided that the toll so levied shall not exceed the toll which would have\r\notherwise been levied under other provisions of this Act",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "12",
            "title": "Section 12. Protection of action taken under the Act.",
            "chapter": null,
            "content": "No suit, prosecution or other legal proceedings shall lie against any person for\r\nanything which is in good faith done or purported or intended to be done in pursuance\r\nof the provisions of this Act or the rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "13",
            "title": "Section 13. Power to make rules.",
            "chapter": null,
            "content": "(1) The State Government may, by notification in the Official Gazette, make\r\nrules to carry out the purposes of this Act.\r\n(2) In particular and without prejudice to the generality of the foregoing\r\npower, such rules may provide for all or any of the following matters,\r\nnamely:-\r\n(a) the manner of dealing with the vehicles and its accessory detained\r\nor the security furnished under sub-section (3) of section 6;\r\n(b) to prescribe the authority to whom, the manner in which and fees\r\non payment of which, appeal may be filed under section 8;\r\n(c) the manner of levy, payment and collection of the toll under subsection (1) of section 9;\r\n(d) any other matter which is to be or may be prescribed.\r\n(3) The rules made under this section shall be subject to the condition of\r\nprevious publication:\r\nProvided that if the State Government is satisfied that circumstances\r\nexist which render it necessary to take immediate action, it may dispense with\r\nprevious publication of any rule to be made under this section.\r\n(4) All rules made under this section shall be laid for not less than thirty\r\ndays before the State Legislature as soon as may be after they are\r\nmade, and shall be subject to rescission by the State Legislature or to\r\nsuch modification as the State Legislature may make during the session\r\nin which they are so laid or the session immediately following.\r\n(5) Any rescission or modification so made by the State Legislature shall be\r\npublished in the Official Gazette and shall thereupon take effect.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "1",
            "title": "Section 1. (1) This Act may be called the Gujarat Motor Transport Vehicles Toll Act,",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1992",
            "title": "Section 1992. (2) It extends to the whole of the State of Gujarat.",
            "chapter": null,
            "content": "(3) It shall come into force on such date as the State Government may, by \nnotification in the Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "2",
            "title": "Section 2. In this Act, unless the context otherwise requires,-",
            "chapter": null,
            "content": "(a) \"barrier\" means a barrier established under section 4; \n \n(b) \"motor transport vehicle\" means a stage carriage, contract carriage or \ngoods carriage as defined in the Motor Vehicles Act, 1988; \n \n(c) \"operator\" means any person whose name is entered in the permit in \nrespect of the motor transport vehicle as the holder thereof or where the motor \ntransport vehicle is used or caused or allowed to be used without a permit, a \nperson in whose name that vehicle is registered under the Motor Vehicles \nAct, 1988 and includes any person having the possession or control  or for the \ntime being in-charge of the motor transport vehicle; \n \n(d) \"prescribed\" means prescribed by rules made under this Act; \n \n(e) \"toll\" means the toll levied under section 3 of this Act; \n \n(f) 'Toll Tax Officer\" means such officer or officers as the State Government \nmay, by notification in the Official Gazette, appoint to be the Toll Tax Officer \nfor the whole of the State of Gujarat or any area or areas thereof for the \npurposes of this Act and includes a Taxation Authority appointed under the \nBombay Motor Vehicles Tax Act, 1958; \n \n(g) words and expressions used and not defined in this Act shall have the \nmeanings respectively assigned to them in the Motor Vehicles Act, 1988.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "3",
            "title": "Section 3. 2[(1) Notwithstanding anything contained in any law for the time being in",
            "chapter": null,
            "content": "force, there shall be levied and collected a toll on every entry in the State of \nGujarat, of a motor transport vehicle plying under a permit granted or deemed \nto have been granted under the Motor Vehicles Act, 1988 by an authority \nhaving jurisdiction outside the State of Gujarat, at such rate not exceeding one \nhundred rupees per vehicle, as the State Government may, by notification in \nthe Official Gazette, specify.] \n \n(2) The toll shall be paid by the operator of the motor transport vehicle in \ncash.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "4",
            "title": "Section 4. For the purpose of collection of toll, the State Government shall, by notification in",
            "chapter": null,
            "content": "the Official Gazette, establish barriers at such places as may be specified in the \nnotification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "5",
            "title": "Section 5. The motor transport vehicle liable to pay toll under section 3 shall not be allowed",
            "chapter": null,
            "content": "to enter or ply unless the toll is paid, and the Toll Tax Officer shall have p ower to \nprevent such vehicle from entering or plying in the State in contravention of the \nShort tide, extent and \nCommencement. \nDefinitions \n59 of 1988. \n59 of 1988. \nBom. LXV \nof 1958. \n59 Of 1988. \n59 of 1988. \nLevy of toll. \nEstablishment \nof barriers. \nProhibition of \nentry without \npaying toll. \n\n[ 1992 : Guj . 7   Gujarat Motor Transport Vehicles Toll Act, 1992 \n \nprovisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "6",
            "title": "Section 6. (1) Whenever so required by Toll Tax Officer or any other person authorised",
            "chapter": null,
            "content": "by him in this behalf, the driver or the person -in-charge of motor transport \nvehicle shall stop the vehicle at the barrier or any other place within the State \nand cause it to remain stationary so long as reasonably necessary to enable the \nToll Tax Officer or the person so authorised to satisfy himself that the amount \nof toll, if payable, has been paid and the other provisions of the Act have been \ncomplied with. \n \n(2) When the Toll Tax Officer or the person authorised by him under sub -\nsection (1) has reason to believe,- \n \n(a) that the t oll has not been paid, he may detain the motor transport \nvehicle or any part or accessory thereof, which is considered \nsufficient in his opinion for realisation of tile toll, until the toll is paid, \nor. \n \n(b) that any breach of the provisions of this Act ha s been committed, \ndetain the motor transport vehicle or any part or accessory thereof, \nwhich is considered sufficient in his opinion for realisation of the \nmaximum amount of penalty leviable under section 7, until the \npenalty is paid or security equivalent to such amount is furnished: \n \nProvided that no action under this sub -section shall be taken \nunless the driver or operator of such vehicle has been given a \nreasonable opportunity of being heard. \n \n(3) The vehicle and its accessory so detained or the security so furnished shall \nbe dealt with in such manner as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "7",
            "title": "Section 7. If the Toll Tax Officer is satisfied after making such enquiry, as he may be",
            "chapter": null,
            "content": "necessary that any person has committed a breach of any of the provisions of this Act \nor the rules made thereunder, he may order that such person shall pay by way of \npenalty, in addition to the toll, if any, payable by him, a sum not exceeding two \nhundred and fifty rupees: \n \nProvided that no such order shall be made unless such person has been given \na reasonable opportunity of being heard.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "8",
            "title": "Section 8. Any person aggrieved by an ord er made under section 7 may, within thirty days",
            "chapter": null,
            "content": "from the communication of such order to him, prefer an appeal against such order to \nsuch appellate authority in such manner and on payment of such fees, as may be \nprescribed and the order passed thereon by the appellate authority shall be final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "9",
            "title": "Section 9. (1) The toll shall be levied, paid and collected in such manner, as may be pre",
            "chapter": null,
            "content": "scribed. \n \n(2) Without prejudice to the provisions of sub -section (1), any toll, penalty or \nother dues recoverable under this Act, if not paid within fifteen days of its \nbecoming due, may be recovered as arrears of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "10",
            "title": "Section 10. The State Government may, by notification in the Official G azette, exempt in",
            "chapter": null,
            "content": "whole or in part any motor transport vehicle or class of motor transport Vehicles from \nthe payment of toll for such period and subject to such restrictions and conditions as \nmay be specified in the notification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "11",
            "title": "Section 11. Notwithstanding anything contained in this Act, where any reciprocal agreement",
            "chapter": null,
            "content": "relating to levy, collection and payment of the toll is entered into by the State \nGovernment with any other State Government, the levy collection and payment of the \ntoll shall be in accordance with the terms and conditions of such agreement: \n \nProvided that the toll so levied shall not exceed the toll which would have \notherwise been levied under other provisions of this Act. \n \nPowers to stop \nand detain \nvehicle. \nPenalty. \nAppeal, \nManna of \nlevy, payment \nand Collection \nof toll, etc. \nPower of State \nGovernment to \nexempt from \nton. \nReciprocal. \nagreement \n\n1992 : Guj . 7 ]   Gujarat Motor Transport Vehicles Toll Act, 1992 \n \n \n5 of 5",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "12",
            "title": "Section 12. No suit, prosecution or other legal proceedings shall lie against any person for",
            "chapter": null,
            "content": "anything which is in good faith done or purported or intended to be done in pursuance \nof the provisions of this Act or the rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "13",
            "title": "Section 13. Power to make rules.",
            "chapter": null,
            "content": "(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. \r\n \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following  matters, \r\nnamely:- \r\n \r\n(a) the manner of dealing with the vehicles and its accessory detained \r\nor the security furnished under sub-section (3) of section 6; \r\n \r\n(b) to prescribe the authority to whom, the manner in which and fees \r\non payment of which, appeal may be filed under section 8; \r\n \r\n(c) the manner of levy, payment and collection of the toll under sub -\r\nsection (1) of section 9; \r\n \r\n(d) any other matter which is to be or may be prescribed. \r\n \r\n(3) The rules made under this section shall be subject to the condition of  \r\nprevious publication: \r\n \r\nProvided that if the State Government is satisfied that circumstances \r\nexist which render it necessary to take immediate action, it may dispense with \r\nprevious publication of any rule to be made under this section. \r\n \r\n(4) All rules made under this section shall be laid for not less than thirty \r\ndays before the State Legislature as soon as may be after they are \r\nmade, and shall be subject to rescission by the State Legislature or to \r\nsuch modification as the State Legislature may make during the session \r\nin which they are so laid or the session immediately following. \r\n \r\n(5) Any rescission or modification so made by the State Legislature shall be \r\npublished in the Official Gazette and shall thereupon take effect. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        }
    ],
    "metadata": {
        "Act ID": "19927",
        "Act Number": "7",
        "Enactment Date": "1992-04-01",
        "Act Year": "1992",
        "Short Title": "The Gujarat Motor Transport Vehicles Toll Act, 1992",
        "Department": "Ports and Transport Department",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:48"
}