TOLLS

Provided that it shall be lawful for the Minister with the concurrence of the Minister in charge of the subject of Finance, by Order published in the Gazette, from time to time to cause a higher rate of toll than that above specified to be levied in respect of ferries which shall exceed one furlong in width;

Provided further, that boats or canoes employed in fishing, and not conveying loads or passengers, shall be exempt from toll, and that no tolls shall be demanded or taken for or in respect of any horse, ox, vehicle, boat, or canoe when employed, or going to be or returning from having been employed, in carrying or conveying only dung, soil, compost, bone dust, or manure for land (save and except lime, salt, saltpeter, and poonac), and the necessary implements used for filling the manure, and, in the case of boats, the necessary tackle, apparel, and provisions of such boats and the crew thereof;

Provided further, that all vehicles fitted with trays, baskets, or other apparatus for the carriage of green tea leaf and drawn by a , horse or an ox, or by horses or oxen, and all boats and canoes so fitted, shall be exempt from toll respectively, except when actually carrying such leaf or any other load in respect of which toll is leviable under this Ordinance;

Provided further, that every vehicle so fitted and drawn by a horse or an ox, or by horses or oxen, and every boat or canoe so fitted, shall be exempt from toll when loaded with green tea leaf to be manufactured in any factory standing upon the estate whereon such leaf has been plucked or gathered.

3. The tolls imposed in respect of ferries shall be due and leviable whether the ferry boats used or boats provided for carrying conveying vehicles or goods across the ferries be used or not.

4. From and after the day on which this Ordinance comes into operation vehicles and boats loaded with coconut husks in an unmanufactured condition, and with no other goods or merchandise, except the and to pay only once, necessary tackle, apparel, and provisions of such boat and the crew thereof, shall pass as, and pay the tolls of, unloaded vehicles and boats only. If such vehicles and boats shall pass more than once the same day, loaded as aforesaid, no further tolls shall be demanded or taken for or in respect of them, but they shall pass free.

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6. The Minister[1] may, by Order published in the Gazette, revoke, alter, or amend any such Order[1] as aforesaid.

7. The Senate and the House of Representatives[1] may by means of any resolution duly passed at any public session establish tolls in respect of any ferry or canal in Ceylon, in addition to the tolls set out in Schedules A and B, and the provisions of this Ordinance shall apply to the tolls so established as fully and effectually as if such tolls had’ been enumerated in the said Schedules or in both or one of them.

8. The Minister[1] may by Order to be notified in the Gazette-

Provided that until the Minister[1] shall issue an Order under this section abolishing any toll or altering the place at which any toll is by this Ordinance authorized to be collected, such toll shall be collected in respect of every ferry and canal specified in Schedules A and B respectively at the several places specified and set forth in Schedule C.

9. Whenever it shall be found necessary to establish any ferry other than those enumerated in Schedule A, it shall be lawful for the Minister, by Order published in the Gazette to direct that tolls not exceeding those specified in section 2 shall be levied in respect thereof.

10. Whenever tolls shall be directed to be levied under section 9 of this Ordinance, or whenever tolls shall be established by resolution of Parliament under section 7 of this Ordinance, the provisions of this Ordinance shall be held applicable thereto as if those tolls were specified herein, and the Orders and resolutions by which the same shall be respectively levied and established shall be read and construed as if they formed part of this Ordinance, and shall be applied and put in execution accordingly.

11. The Governor-General,[3] and his suite when in immediate attendance on him, together with all their necessary attendants, horses, animals, conveyances, baggage, and implements, all Her Majesty’s officers, soldiers, and volunteers on duty or on their march, and their horses and baggage, and all carriages and horses belonging to the Her Majesty or employed in Her service, and all horses, animals, and vehicles conveying any such persons as aforesaid, or their baggage, or returning from conveying the same, and all messengers, carriages, and horses drawing or carrying the public mails, shall be exempted from payment of any toll; and it shall be lawful for the Government Agent, if he shall see fit so to do, to direct the toll- keeper in writing to permit cattle or sheep driven to grass, persons with cattle agricultural instruments, paddy plants, or seed grain for the cultivation of their lands, and children going to and from school, to pass without payment of toll. All persons, vehicles, animals, or boats employed in the construction or repair of any telegraph or telephone line belonging to Government, or any road, railway, bridge, canal, or ferry, within ten miles of the toll station, or in making Crown surveys within that distance, shall pass without payment of toll, on production of a certificate of such employment from the officer superintending the work or survey; and any officer giving such certificate to or in respect of any person, vehicle, or animal, or boat not bona fide employed as aforesaid shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty rupees.

12. No toll shall be levied upon any passenger, vehicle, animal, or boat upon his or its return by, over, or through any canal, or ferry at which he or it shall have paid toll on the same day (to be computed from 12 o’clock at night to 12 o’clock of the succeeding night), unless such vehicle, animal, or boat shall carry a different load ; and the one-half only of the appointed toll shall be levied upon any passenger, vehicle, animal, or boat at any canal or ferry, by, over, or through which he or it shall have passed, in a like direction on the same day, unless such vehicle, animal, or boat shall carry a different load :

Provided that it shall be incumbent upon the partly claiming such total or partial exemption to produce a ticket signed by the keeper of such toll station denoting such previous payment to have been made ;

Provided further, that when toll has been paid at any toll station on any unloaded vehicle, elephant, or boat and a ticket taken, and such vehicle, elephant, or boat reposes on its return journey the same toll station carrying a load on the same day (to be computed from 12 o’clock at night to 12 o’clock of the succeeding night), credit for the amount paid on such unloaded vehicle, elephant, or boat shall, on production of the ticket, be given in computing the amount of toll to be paid when such return journey is made.

13. Every person having once paid toll in respect of himself or of any vehicle, animal, or boat at any place payment at which shall have been declared by the Minister, by Order published in the Gazette, to clear any other place, shall, on the production at such other place of a ticket denoting such payment to have been made, pass the same without any further payment of toll, except where such person, vehicle, animal, or boat shall at such latter place have become liable to a different rate of toll.

14. The tolls hereby established shall be taken and levied by the toll-keeper or some one of the toll-keepers to be appointed by the Government Agent of the administrative district in which such tolls are levied, except as hereinafter provided:

Provided that in any case in which more than one toll-keeper shall be appointed for any place, such toll shall be demanded and taken by such one only of the said toll-keepers as shall at the time of such demand be the wearer of the metal badge hereinafter mentioned ; and if the privilege of collecting tolls at any place shall at any time be let to any party, it shall be lawful for the Government Agent, except as aforesaid, on the application of such party, to appoint such person or persons as he may name to be toll-keeper or toll-keepers at such place ; and if such party shall at any time be desirous of removing any toll-keeper appointed on his application as aforesaid, he shall give a written notice of his intention so to do to the Government Agent or his Assistant at least ten days before carrying the same into effect; and any party who shall remove any toll-keeper without giving such notice shall be guilty of an offence, and be liable on conviction thereof to pay a fine not exceeding fifty rupees.

15. Every toll-keeper appointed under this Ordinance shall, while engaged in the collection of tolls, wear a metal badge, whereon shall be engraved the name of the place at which he is appointed to collect tolls ; and there shall be suspended at some conspicuous place immediately adjoining every place at which tolls are hereby authorized to be collected, so as to be distinctly legible, in the Sinhalese, Tamil and English languages, a copy of section 2 of this Ordinance, and also a notice setting forth the name or names of the person or persons appointed to collect the tolls at such place.

16. Every toll-keeper while engaged in the collection of tolls shall be provided with tickets consecutively numbered, acknowledging the payment of toll and the date thereof, and mentioning the ferry or canal, if any, cleared by such payment, one of which tickets, duly signed by him, shall be delivered gratis to the person paying the toll; and every such ticket shall be in the Sinhalese, Tamil and English languages, and in the form in Schedule D :

Provided always, that it shall be lawful for the Government Agent, if he shall see fit so to do, to grant to such toll-keeper permission to deliver such tickets in the Sinhalese and Tamil languages only.

17. If any toll-keeper shall at any time collect any toll without wearing a metal badge as aforesaid, or omit to suspend a copy of section 2 of this Ordinance, and the notice of the name or names of the person or persons appointed to collect the tolls, or shall wilfully remove, conceal, alter, or deface the same or either of them, or permit either of them to become illegible, or shall demand or take toll in any case in which toll is not payable under the provisions of this Ordinance or a greater or less toll than he shall be authorized to do thereunder, or shall fail to grant to any person having paid toll a ticket denoting such payment as hereinbefore required, or shall wilfully subject any passenger, vehicle, animal, or boat to unreasonable delay or detention, or shall demand or take toll from any person by this Ordinance exempted from the payment of toll, or from any person whom he has been duly directed by the Government Agent to permit to pass without payment of toll, such toll-keeper shall be guilty of an offence, and be liable on conviction thereof to a fine not exceeding fifty rupees, and on any second or subsequent conviction to a fine not exceeding one hundred rupees.

18. If any person other than a toll-keeper duly appointed to collect toll shall demand or take any toll, or for the purpose of appearing or representing himself to be a toll-keeper shall wear or carry, or produce or exhibit to any person liable to pay toll the metal badge which by this Ordinance a toll-keeper is required to wear, or any badge resembling or intended to resemble such metal badge, or shall otherwise personate or represent himself to be a toll-keeper, every person so offending shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees; and any toll-keeper who shall wilfully lend or give his metal badge to any person not duly appointed to collect toll, in order that the person should personate such toll-keeper, or shall be otherwise accessory to the collection of toll by any person not duly appointed as aforesaid, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees.

19. If any person liable to payment of tolls shall pass from any road over any land near or adjoining thereto (not being a public highway), with intent to evade such payment, or shall fraudulently or forcibly pass or take his vehicle, animals, goods, or boat, by, over, or through any place duly appointed for the collection of tolls, or shall resist or make forcible opposition against any person duly appointed to collect tolls in the execution of his. office ; or if any person shall wilfully or maliciously damage any bar, boat, bridge, or other thing employed for the purpose of collecting tolls, or shall wilfully or maliciously remove, deface, alter, or damage any copy of section 2 of this Ordinance, or the notice suspended as hereinbefore directed; or if any person other than a person duly appointed to collect tolls shall give, or if any person shall receive from any person other than a person duly appointed as aforesaid, or shall forge, counterfeit, or alter any ticket or certificate of payment or exemption with intent to evade or reduce the payment of any toll, or if any person shall do any other act whatsoever in order to evade or reduce the payment of any toll, and whereby the same shall be evaded or reduced, every such person shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding fifty rupees.

20. If any person, not being a duly appointed toll-keeper, shall convey any goods, vehicle, or animal, not being his property, or any passenger not in his service, across any river or stream, by any boat or other means either at or within a distance of one mile above or below any road, bridge, ferry, canal, or place at which tolls shall be leviable, such person shall be guilty of an offence, and shall be liable on conviction thereof to a fine not exceeding fifty rupees.

21. It shall not be lawful for any person. in order to avoid payment of any toll, whether in whole or in part, to remove or cause to be removed any goods from any animal, vehicle, or boat on one side of any ferry, canal, or place appointed for the collection of tolls, to any other animal, vehicle, or boat on the opposite side thereof, unless after payment of toll upon the animal or vehicle on or in which the same shall have been so brought as a loaded animal or vehicle ; nor for any person to unload or cause to be unladen any goods from any animal or vehicle upon which the same shall have been brought to any ferry or place appointed for the collection of tolls, and to load or cause the same to be reladen upon such animal or vehicle after it shall have passed such ferry or place, unless after payment of toll upon such animal or vehicle as a loaded animal or vehicle; and any person acting contrary to the provisions of this section shall be guilty of an offence, and be liable on conviction to a fine not exceeding fifty rupees.

22. Nothing herein contained shall be held to affect the power of any Municipal Council to impose tolls within the limits of the Municipality, with the sanction of the Minister, as provided by the Municipal Councils Ordinance, or any other enactment to be in that behalf hereafter enacted, and when any Municipal Council shall so establish tolls, or when tolls shall have been made over, or shall hereafter be made over to any Municipal Council, they shall be empowered to appoint toll-keepers, and the provisions of this Ordinance shall, unless altered or modified by the by-laws of any Municipal Council, apply to the tolls so established or made over as if those tolls were specified in this Ordinance.

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24. It shall be lawful for the Minister by Order published in the Gazette to declare tenant as from a date there specified any ferry in respect of which a toll is levied or established under or by virtue of this Ordinance shall for all purposes be deemed to be a ferry constructed, regulated or protected under the Village Councils Ordinance; and from such date the provisions of this Ordinance shall not affect such ferry but its maintenance, regulation and protection, the imposition of tolls in respect thereof and all other matters concerning it shall be governed by the Village Councils Ordinance.

25. No prosecution shall be instituted against any person for any offence committed against the provisions of this Ordinance, unless the same shall be commenced within one month from the time of the commission of such offence.

26. It shall be lawful for the Magistrate, should he see fit so to do, to award any portion of the fine actually recovered and realized under any of the provisions of this Ordinance, not exceeding one-half thereof, to the informer.

27. Whenever by the conditions of sale under which the exclusive right to levy and collect tolls in respect of any terry or canal is sold by the State it has been or shall be stipulated, whether before or after the passing of this Ordinance, that on default by the purchaser (hereinafter called ” the renter “) in the performance of all or any of the conditions contained in the said conditions of sale-

28. The Government Agent shall give fourteen days’ notice in writing to the renter in the form A in Schedule E and upon the expiry of such notice it shall be lawful for the Government Agent, without process of law or decree or order of any court in that behalf authorizing him, forthwith to resell the said exclusive right or the unexpired term thereof in such manner as the Minister may direct, or to re-enter into possession thereof and receive, retain, and enjoy the same, or after such re-entry at such time or times as to the said Government Agent shall seem fit to resell the unexpired term of the said exclusive right:

Provided always that if in the event of the resale of the exclusive right or so much of the term thereof as may be unexpired under the provisions of this Ordinance no bidder shall attend at such resale, or the Government Agent shall in his discretion refuse to accept any of the bids made at such resale, it shall be lawful for the said Government Agent forthwith to re-enter into possession of the said exclusive right and collect the tolls in and many until the expiry of the period for which the said exclusive right was purchased, or until such time as he may effect a resale of the unexpired period of the said exclusive right.

29. Every notice in writing issued under the provisions of this Ordinance may be given by forwarding it by post in a registered letter addressed to the renter at the place which the renter in pursuance of the conditions of sale has specified for the service on him of notices or processes, or by serving the same on him personally or by affixing it on his last known place of residence. Where such notice is given by registered letter the period therein named shall be computed from the day next following the day on which the letter was registered.

30. In this Ordinance, unless the context otherwise requires-

” boat” includes pada boats, battel, lighter, single or double canoe, scooped dhoney, ballam, raft, tug, catamaram, kulla, and all other boats, whether made in Ceylon or in any other country ;

” estate” means any land in which labourers are employed, and of which ten acres or more are actually cultivated;

” horse ” includes pony, ass, or mule;

” load ” includes all description of goods, but not passengers;

” ox ” includes any bullock, buffalo, or any other beast of burden except an elephant;

“river” includes canals, lakes, estuaries, creeks, inlets of the sea, and any expanse of water;

” vehicle for goods” includes carts, wagons, and all vehicles capable of carrying loads and commonly used for such purpose, although not actually carrying goods at the time ;

” vehicle for passengers” includes carriages, hackeries and vehicles capable of carrying passengers and commonly used for such purpose, though not actually carrying passengers at the time.