Tolls Act, 1851

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THE TOLLS ACT, 1851 
 
 
 
CONTENTS 
1.  Repeal of Acts 
1A. Extent 
1B.  Definition [Omitted by the Federal Laws] 
2.  Power to levy tolls on roads and bridges made or repaired by the Federal Government 
3.  Their powers for recovery of toll 
4.  Exemptions from payment of toll 
5.  Assistance of collectors by Police officers 
6.  Penalty for offences under Act 
7.  Exhibition of table of tolls, and statement of penalties.  
8.  Application of proceeds of tolls 
9.  Power to compound tolls 
SCHEDULE [Repeal] 
 

 
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l[THE 2* TOLLS ACT, 1851] 
ACT No. VIII OF 1851 
[4th July, 1851] 
An Act for enabling Government to levy Tolls on Public Roads and Bridges. 
  Preamble. WHEREAS it is expedient to enable Government to levy tolls upon roads and 
bridges; It is enacted as follows:- 
 1. [Repeal of Acts] Rep. by the Repealing Act, 1870 (XIV of 1870). 
 Extent. 3[1A. This Act extends to the Province of the Punjab and the Federal Government 
may, by notification in the official Gazette, extend it to any other Province.] 
 4[1B. Definition.] Omitted by the Federal Laws  (Revision and Declaration) Ordinance, 
1981 (XXVII of 1981), s. 3 and Sch. II. 
 5[2. Power to levy tolls on roads and bridges made or repaired by the Federal 
Government. The Federal Government may cause such rates of tolls as it thinks fit to be levied upon 
any road or bridge which has been, or shall hereafter be, made or repaired at the expense of the 
Federal Government; and place the collection of such tolls under the management of such persons as 
may appear to it proper; and all persons employed in the management and collec tion of such tolls 
shall be liable to the same responsibility as would belong to them if employed in the collection of 
land revenue.] 
 3. Their powers for recovery of toll.  In case of  non-payment of any such toll on demand, 
the officers appointed to collect the same may seize any of the carriages or animals on which it is 
chargeable, or any part of their burden of sufficient value to defray the toll; and, if any toll remains 
undischarged for twenty-four hours, with the cost arising from such seizure, the case shall be brought 
before the officer appointed to superintend the collection of the said toll, who may sell the pro perty 
seized for discharge of the toll, and all expenses occasio ned by such non -payment, seizure and sale, 
and cause any balance that may remain to be returned, on demand, to the owner of the property; and 
the said officer, on receipt of the property, shall forthwith issue a notice that, at noon of the next day, 
exclusive of Sunday, or any closed holiday, he will sell the property by auction: 
 
1Short title given by the Short Titles Act, 1897 (14 of 1897). 
This Act should be read with the Tolls Act, 1864 (15 of 1864), and the Tolls Act, 1888 (8 of 1888). 
Under s. 1 of Ac t 8 of 1888, this Act is deemed to be in force throughout the territories administered by the Lieutenant Governor of the Punj ab 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 declared, by notification under s. 3(a)of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the D istricts of Hazara, Peshawar, 
Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [Portions of the Distr icts of Hazara, Bannu, Dera Ismail Khan and Dera Ghazi Khan and the 
Districts of Peshawar and Kohat now form the N.W.F.P., see Gazette of India, 1901. Pt. 1, p. 857, and ibid., 1902, Pt. I, p. 575]. 
It has also been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modi -
fications; and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and su bject to such 
modifications as may be notified__ see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. . 
2The word "Indian" omitted by A. O., 1949, Sch. 
3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s. 3 and Sch. II. for section lA which was  previously amended by 
A.O., 1937,A. O., 1949, Sch. and A. O., 1961, Art. 2, to read as above. 
4Ins. by F. A. O., 1975, Art. 2 and Sch. 
5Section 2 subs. by Ordinance 27 of 1981, s. 3 and II Sch. This section was previously amended by the Devolution Act, 19 38 (20 of 1938) and 
subsequently amended by A. O., 1937, to read as above. 
 
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 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. 
 4. Exemptions from payment of toll. No tolls shall be paid for the passage 1 * * * of Police 
officers on duty, or of any pe rson or property in their custody, but no other exemption from payment 
of the toll levied under this Act shall be allowed. 
 5. Assistance of collectors 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 common police-duties. 
 6. Penalty for offences under Act., Compensation to person aggrieved, Saving of his right to 
sue. Every person, other than the persons 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 extor tionately demand, or t ake any other or higher 
toll than the lawful 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 Magistrate to imprisonment for any 
term not exceeding six calendar months, or to fine not exceeding two hundred rupees, any part of 
which fine may be awarded by the Magistrate to the person aggrieved; but this remedy shall not be 
deemed to bar or affect his right to have redress by suit in the Civil Court 2 *   *   *. 
 7. Exhibition of table of tolls, and statement of penalties.  A table of the tolls authorized to 
be taken at any toll -gate or station shall be put up in a conspicuous place near such gate or station 
legibly 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 un-lawful toll. 
 8. Application of proceeds of tolls. __ The tolls levied under this Act shall be deemed public 
revenue 3*  *   *. 
 4[9. Power to compound tolls.  Any person entrusted with the management of t he collection 
of tolls under this Act may in his discretion com pound for any period not exceeding one year with 
any persons for a certain sum to be paid by such person for himself or for any vehicle or animal kept 
by him, in lieu of the rates of toll authorised to be levied under this Act.] 
 [SCHEDULE.] Rep. by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 and Sch. I. 
 
 
 Date: 13-09-2024 
1The words “of troops and military stores and equipages on their march or” rep. by the Indian Tolls (Army) Act, 1901 (2 of 1901), s. 8. 
2The  words “of the Zillah” rep. by the Repealing Act, 1876 (12 of 1876). 
3The words “but the net proceeds thereof shall be applied wholly to the construction, repair and maintenance of roads and bridges within the presidency 
in which they are levied” rep. by A. O., 1937. The word “presidency” is to be deemed to have meant the territories under the administra tion of any L. 
G. see the Tolls Act, 1888 (8 of 1888), s. 2(2), since repealed. See also, in this connection, paragraph 4(b) of the  India and Burma (Transitory Provi -
sions) Order, 1937. 
4Section 9 added by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s. 3, and Sch. II.