Tolls Act, 1983
The Act may be called the Tolla Act, 1983, and it starts on a date the Minister appoints by statutory instrument.
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- Act 11 of 1983
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Statute overview
About this statute
The Act may be called the Tolla Act, 1983, and it starts on a date the Minister appoints by statutory instrument. This section defines several terms used in the Act, including Board, Chairman, Director, inspector, secretary, toll charges, fuel, lubricant, and entry fee. The Tolls Board is established as a body corporate with perpetual succession and a common seal, and it can sue and be sued. The Board controls its seal, the Secretary keeps it, and certain board documents may be sealed, stamped, or executed without seal in the stated cases. The Board must include specified officeholders and two other members, must elect a Vice-Chairman from among certain members, and the Chairman may delegate functions in writing to the Vice-Chairman.
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Provisions of Tolls Act, 1983
Showing 28 of 28
Part
PART I
- 1 Verify source ↗
Thia Act may be cited as the Tolla Act, 1983, and shall
AI-assisted research summary: The Act may be called the Tolla Act, 1983, and it starts on a date the Minister appoints by statutory instrument.
1. Thia Act may be cited as the Tolla Act, 1983, and shall come into operation on such date as the Minister may, by statutory instrument, appoint. - 2 Verify source ↗
(1) In this Act, unless the context otherwise requires
AI-assisted research summary: This section defines several terms used in the Act, including Board, Chairman, Director, inspector, secretary, toll charges, fuel, lubricant, and entry fee.
2. (1) In this Act, unless the context otherwise requires " Board " means the Tolls Boa.rd established by section Short title and OOnu:nllOO& ment Inter prot.ation three; '' Chairman '' means the person designated Chairman of the Board in section five; " Director " means the Director of the Board appointed under section twelve; " entry fee " means the fee referred to in Part V; " fuel " includes petrol, diesel, kerosene, and any other fuel used for the propulsion of a heavy goods vehicle; " inspector " means an in.speotor of the Board appointed under section j<TUrleen; 46 No. 11 of 1983] Toll.8 " lubricant" includes any oil, grease, hydraulic fluid, or any other lubricant used in connection with a heavy goods vehicle; " member " means a member of the Boa.rd; " Secretary " means the person appointed under section thirteen to be Secretary to the Board; " toll charges " means the charges referred to in Pa.rt IV; " Vice-Chairman " means the Vice-Chairman of the Boa.rd elected in accordance with subsection (2) of section fl'IJe. (2) Unless the context otherwise requu·es, words and expressions not defined in this Act but defined in the Roads and Road Traffic Act shall, in this Act, have the meaning assigned thereto in the Roads and Road Traffic Act. PART II TOLLS BOA.RD - 1
AI-assisted research summary: The entry fee is set at K100, converted into a currency prescribed by the Minister using the prevailing exchange rate.
1.50 UiO l!.00 !1.00 . . . . PART II ENTRY FEES The entry fee shall bo tho oquivalent, in o. ourrenoy pre&<>ribed by tho Minieter, of KlOO, ce.loulal.od at tho provailing rate of e1tohange.
Part
PART II
- 3 Verify source ↗
There is hereby established the Tolls Boa.rd which
AI-assisted research summary: The Tolls Board is established as a body corporate with perpetual succession and a common seal, and it can sue and be sued.
3. There is hereby established the Tolls Boa.rd which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the other provisions of this Act, to do all such a.eta and things os a body corporate may by law do or perform. Cap. 766 Cap 766 Establish ment of Board Seal of Board - 4 Verify source ↗
(1) The seal of the Boa.rd shall be such device as may
AI-assisted research summary: The Board controls its seal, the Secretary keeps it, and certain board documents may be sealed, stamped, or executed without seal in the stated cases.
4. (1) The seal of the Boa.rd shall be such device as may be determined by the Board and shall be kept by the Secretary. (2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal of the Board shall be authenti cated by the Chairman and the Secretary or by the Chairman and one other person authorised in that behalf by a resolution of the Boa.rd. (4) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Boa.rd by the Secretary or any other person authorised in that behalf by a resolution of the Board. (5) Any document purporting to be a document under the l!leal of the Board or issued on behalf of the Board shall be received. in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unlees the contrary is proved. Composition of Board - 5 Verify source ↗
(1) Th• :Board shall oonsist of the following members
AI-assisted research summary: The Board must include specified officeholders and two other members, must elect a Vice-Chairman from among certain members, and the Chairman may delegate functions in writing to the Vice-Chairman.
5. (1) Th• :Board shall oonsist of the following members: (a) the ?t<finiater responsible for finance, who sha.11 be Chairman of tlle Board, and Ministers responsible for transport, works and home a.ff airs; Tolls [No. 11 of 1983 47 (b) the Controller of Customs and Excise and the Road Traffic Commissioner; and (c) two other members appointed by the Minister. (2) The Board shall elect a Vice-Chairman from amongst the members referred to in paragraph (a) of subsection (1). (3) The Chairman may, by directions in writing and subject to such terms and conditions as he thinks fit, delegate to the Vice-Chairman any of his functions under this Act. - 6 Verify source ↗
(1) The provisions of this section shall apply to such
AI-assisted research summary: This section sets the term of office for certain members at two years, allows re-appointment, lets a member stay on briefly until a successor is appointed, and lists when the office becomes vacant.
6. (1) The provisions of this section shall apply to such members as are referred to in paragraph (c) of subsection (1) of section five. Tenure of offioe and vacanciee (2) Subject to the other provisions of this section, a. member shall hold office for a period of two years. (3) Upon the expiry of the period for which a member is appointed, he may be re-appointed. (4) Upon the expiry of the period for which a member is appointed, he shall continue to hold office until his successor ha.a been appointed, but in no case shall such further period exceed three months. (5) The office of a member shall become vacant- (a) subject to subsection (4), upon the expiry of the period for which he is appointed or re-appointed; (b) if he is adjudged or otherwise declared to be of un sound mind; (c) if he is adjudged or otherwise declared to be bank rupt; (d) if he is lawfully detained or his freedom of movement is restricted under any law in force in Zambia; (e) if he is sentenced to a term of imprisonment exceeding six months; (f) if he is absent from three consecutive meetings of the Board without reasonable cause; (g) upon the expiry of not less than one month's notice in writing of his intention to resign given by him to the Chairman; (h) if he is removed by the Minister. - 7 Verify source ↗
(1) The functions of the Board shall be to do all such Functions
AI-assisted research summary: The Board’s functions include actions needed to collect toll charges and entry fees and to control sales of fuel and lubricants to heavy goods vehicles not registered in Zambia.
7. (1) The functions of the Board shall be to do all such Functions things as a.re necessary for, or connected with, the charging o( Board and collection of toll charges and entry fees, and controlling the sale of fuel and lubricants to heavy goods vehicles not registered in Zambia. 48 No. 1 1 of 1983] Tolla (2) Without prejudice t.o the generality of subsection (1), the Board may- (a) erect a.nd maintain such structures as are necessary for opera.ting t.oll points; and (b) operate fuel and lubricant depots, supply points or fuel stations. (3) The Boa.rd may, by directions in writing and subject t.o such terms and conditions aa it thinks fit, delegate to the Director any of its functions under this Act. (4) The 1\finister ma.y give t.o the Boa.rd such genera.I or specific directions with respect t.o the discharge of its functions as he may consider necessary a.nd the Boa.rd shall give effect t.o such directions. Proooodinga of Boo.rd - 8 Verify source ↗
(1) Subject t.o the other provisions of this Act, the Board
AI-assisted research summary: The Board may regulate its own procedure, but it must meet at least once every six months and keep minutes of meetings.
8. (1) Subject t.o the other provisions of this Act, the Board may regulate its own procedure. (2) The Boa.rd shall meet for the tra.nsa.ction of business at lea.st once every six months a.t such places a.nd at such times as the Chairman may determine. (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be ca.lied by the Chairman and shall be called if not less tha.n three members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a. special meeting may be called upon giving a shorter notice. (4) Three members shall form a quorum at any meeting of the Board. (5) There shall preside a.t any meeting of the Board (a) the Chairman; or (b) in the absence of the Chairman, the Vice-Chairman; or (c) in the absence of the Chairman and the Vice-Chair- man, such member as the members present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a. majority of the members present a.nd voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a. casting vote in addition t,o his deliberative vote. (7) Notwithstanding the provisions of subsection (6), a decision may be made by the Board on any urgent matter by the circulation of the relevant papers among the members, a.nd by the expression in writing of tho views of the majority thereof: Tolls [No. 1 1 of 1983 49 Provided that any member shall be entitled to require that any decision shall be deferred until the matter is considered at a. meeting of the Board. (8) Where any member is for any reasonable cause unable to attend any meeting of the Board, he may, in writing, nominate another person to attend such meeting in his stead and such person shall be deemed to be a. member for the purpose of such meeting. (9) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the de liberations of a meeting of the Board but such person shall have no vote. (10) The validity of any proceedings, act or decision of the Board shall not be affectod by any vacancy in the membership of the Board or by any defect in the appointment of any member or by re11.son that any person not entitled so to do took part in the proceedings. (11) The Board shall cause minutes to be kept of the pl'Q ceedings of every meeting of the Board and of every meeting of any committee established by the Board.
Part
part in the proceedings.
- 9 Verify source ↗
(l) The Board may, for the purpose of performing its
AI-assisted research summary: The Board may establish committees, delegate functions to them, appoint committee members, and decide their period of office; committees may regulate their own procedure, subject to the Board’s directions.
9. (l) The Board may, for the purpose of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it thinks fit. Commit� of Board (2) The Board may appoint as members of a committee established under subsection (1), persons who are or are not members of the Board and such persons shall hold office for such period as the Roard muy determine. (3) Subject to any specific or general direction of the Board any committee established under subsection (1) may regulate its own procedure. - 10 Verify source ↗
(1) If a person is present at a meeting of the Board or
AI-assisted research summary: People present at a Board or committee meeting must disclose any private interest in the matter and generally must not discuss or vote on it unless the Board directs otherwise.
10. (1) If a person is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which mlitter the person or his spoll86 is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Boa.rd otherwise directs, take part iu any consideration or discussion of, or vote on, a.ny question touching such matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. DisclolJllN of intorest U. No action or other proceedings shall lie or be instituted against any member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act. Immunity ofmorabora 50 No. 11 of 19831 Tolls PART ill ADMINISTRATION Director and Deputy Direotor
Part
PART ill
- 12 Verify source ↗
(1) The Board shall appoint, on such terms and
AI-assisted research summary: The Board must appoint a Director, may appoint a Deputy Director, and the Director or Deputy Director must attend Board meetings but may not vote.
12. (1) The Board shall appoint, on such terms and conditions as it may determine, a. Director who shall be the chief executive officer of the Board u.nd who, subject to the control of the Board, shall be responsible for the administration of the affairs of the Board: {2) The Board may appoint, on such terms and conditions as it may determine, a Deputy Director to assist the Director. (3) The Dfrector, or in his absence the Deputy Director, shall attend meetings of the Board and may address such meetings, but shall not vote on any matter: Provided that the person presiding at any meeting of the Board may, for good cause, require the Director or Deputy Director, as the cuse may be, to withdraw from such meeting. (4) The provisions of section ten shall apply, mu.tati!mutandi8, to the Director and the Deputy Director. (5) The Director may, by directions in writing and subject to such terms and conditions as he thinks fit, delegate to the Deputy Director any of his functions under th.is Act. Secretary and otbor ataff - 13 Verify source ↗
(1) There shall be a Secretary to the Board who shall be
AI-assisted research summary: The Board appoints a Secretary and may appoint other staff. The Secretary handles the Board’s day-to-day administration under the Director’s general supervision.
13. (1) There shall be a Secretary to the Board who shall be appointed by the Board on such terms and conditions as the Board may determine. (2) The Secretary shall be responsible for the administration of the day-to-day affairs of tho Board under the general super vision of the Director. (3) The Board may appoint, on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under th.is Act. Inspectorat.e unit - 14 Verify source ↗
(1) In order to ensure due compliance with the provisions
AI-assisted research summary: The Board may create an inspectorate unit and appoint inspectors, and inspectors must show their appointment certificate on demand.
14. (1) In order to ensure due compliance with the provisions of this Act, the Board may establish under the gent)ral supervision of the Director an inspectorate unit and may al'point such inspectors to the inspectorate unit as may be necessary for the performance of its functions under this Act. (2) Every inspector shall be provided with a certificate of appointment, which shall be prima facie evidence of the inspector's appointment as such. (3) Any inspector carrying out any function under this Act ab.all, on demand by any person affected thereby, produce for inspection the certificate referred to in subsection (2). Toll., [No. 1 1 of 1983 51 - 15 Verify source ↗
(1) In the performance of his duties under this Act,
AI-assisted research summary: An inspector may enter and inspect premises or heavy goods vehicles, access fuel-related records, and order closure or seizure and detention if there are reasonable grounds to believe the Act or regulations are being breached.
15. (1) In the performance of his duties under this Act, an inspector shall hav&- Powers of inspeoton (a) power, at any reasonable time, to enter upon and inspect any premises or heavy goods vehicle to ensure that the provisions of this Act or any regula. tions made under this Act are not being contravened ; and (b) access to all books, records, returns, reports and other documents relating to any sale of fuel or lubricants. (2) If an inspector has reasonable grounds for believing that any provision of this Act or of any regulations made under this Act is being contravened on any premises or by any person travelling with any heavy goods vehicle, he may order that such premises be closed down or in tho case of a heavy goods vehicle or a person travelling therewith that the same be seized and detained pending prosecution. - 16 Verify source ↗
(1) No person shall, without the consent in writing given
AI-assisted research summary: No person may publish or disclose covered Act-related information without the Board’s written consent, except in the course of duties.
16. (1) No person shall, without the consent in writing given by or on behalf of the Board, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of, his duties under this Act. (2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand kwacha. or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment. (3) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfuJly publishes or communicates any such information to any other person, he shall be liable, upon conviction, to a fine not exceeding five thousand kwacha or to imprisonment for a term not exceeding three years, or to both such fine and impri,onment. PART IV TOLL CHABGES Prohibition of publication or disolosuro of information to un authorilled persons
Part
PART IV
- 17 Verify source ↗
(1) The Board may, on a.ny road, bridge, pontoon or Toll
AI-assisted research summary: The Board may operate toll points, vehicles passing through them must pay the set toll charge, and the Minister may exempt some people or vehicles from tolls.
17. (1) The Board may, on a.ny road, bridge, pontoon or Toll ohari:;es other place, operate toll points. (2) Any vehicle passing through a toll point shall pay the appropriate toll charge as set out in Part I of the Schedule. (3) The ?t:linister may exempt any person or olas.s of vehicles from the payment of toll charges, and such exemption may be general or restricted to any particular toll points or hours, and may be on such conditions as the Minister may impose. 52 No. 1 1 of 1983] (4) Any person who, being liable to pay toll charges, refuses to do so or unreasonably obstructs the operation of any toll point, or who contravenes any of the provisions of any regula tions made in relation to this Part, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding two thousand kwacha or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. PART V ENTRY FEES, ETo. Entry r-
Part
PART V
- 18 Verify source ↗
(1) Every heavy goods vehicle entering Zambia, if it UJ a
AI-assisted research summary: Certain heavy goods vehicles entering Zambia must pay an entry fee at the time of entry. The Minister may exempt persons or classes of vehicles and may set conditions for the exemption, and may prescribe the currency for payment.
18. (1) Every heavy goods vehicle entering Zambia, if it UJ a vehicle registered in any country other than Zambia, shall at the time of such entry pay an entry fee as sot out in Part II of the Schedule, and such entry fee shall be payable in such currency as the Minister may prescribe. (2) The Minister may exempt any person or class of vehicle from the payment of the entry foes, and such exemption may be on such conditions as the Minister may impose. Declaration - 19 Verify source ↗
The person in charge of a heavy goods vehicle to which
AI-assisted research summary: The person in charge of a heavy goods vehicle covered by section 18 must make a declaration about fuel or other matters when entering Zambia and before leaving Zambia.
19. The person in charge of a heavy goods vehicle to which section eigllteen applies shall, upon entry into and before exit from Zambia, make sueh declaration as to fuel or other matters as the Minister may prescribe. Purcbue of fuel &nd lubrice.nt. by certain Tehiolea - 20 Verify source ↗
(1) No person travelling with a heavy goods vehicle to
AI-assisted research summary: A person travelling with a heavy goods vehicle covered by section 18 must not buy fuel or lubricants in Zambia except as allowed by regulations made by the Minister.
20. (1) No person travelling with a heavy goods vehicle to which section eighteen applies shall, while in Zambia, purchase any fuel or lubricants except in accordance with the regulation.a made under this Part by the Minister. Supply of fuel or lubricant. k> certain ••hiol .. l'orf•iture of certain nbiclea (2) Any person who contravenes the provisions of sub section (1) shn.ll be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand kwacha or to imprisonment for a. term not exceeding throe yea.rs, or to both such fine and imprisonment. - 21 Verify source ↗
Any person who, in contravention of any regulation.1
AI-assisted research summary: A person must not supply fuel or lubricants to certain heavy goods vehicles, or to people travelling with them, if doing so would breach regulations made under this Part.
21. Any person who, in contravention of any regulation.1 made under this Part, supplies any fuel or lubricants to any heavy goods vehicle to which section eighteen applies, or to any person travelling therewith, shall be guilty of an offence and shall be Hable, upon conviction, to a fine not exceeding ten thousand kwacha, or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment. - 22 Verify source ↗
Upon the conviction of an offender under this Part,
AI-assisted research summary: After a conviction under this Part, the court may order forfeiture of a heavy goods vehicle to the State if the owner was involved or knew about the offence, but only after giving the owner a chance to be heard.
22. Upon the conviction of an offender under this Part, if the court is satisfied that the owner of the heavy goods vehicle was a. party to the offence, or that the offence waa committed with his knowledge, the court may, in a<idition to e.ny other sentence, order the forfeiture of such heavy goods vehicle to the State: Provided that no forfeiture shall be ordered without first giving the owner an opportunity to be heard on the issue. [No. 11 of 1983 53 PART VI Fnu.NCIAL PROVISIONS A.ND REGULATIONS
Part
PART VI
- 23 Verify source ↗
(1) The funds of the Boa.rd shall consist of such moneys
AI-assisted research summary: The Board’s funds come from appropriations, fees, charges, grants, donations, and other amounts that vest in or accrue to it. The Board may accept grants or donations, borrow with ministerial approval, invest unused funds, and the Minister may direct payment of surplus funds for road maintenance.
23. (1) The funds of the Boa.rd shall consist of such moneys &I! may- Fund.I of Board (a) be appropriated by Parliament for the purposes of the Board; (b) be paid to the Board by way of fees, charges, grants or donations; or (c) vest in or accrue to the Board . (2) The Board may- (a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source out.side Zambia; and (b) subject to the approval of the Minister, raise by way of loans or otherwise, such moneys as it may require for the performance of its functions. (3) There shall be paid from the funds of the Boa.rd- (a) the salaries, allowances and loans of the staff of the Boa.rd ; (b) such reasonable travelling, transport and subsistence allowances for members or members of any committee of the Board when engaged on the business of the Board at such rates as the Minister may determine; and (e) any other expenses incurred by the Boa.rd in the performance of its functioru. (4) The Boa.rd may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of its functions. (6) The Minister may, from time to time, direct the Boa.rd to pay, for such purposes related to the maintenance of roa.ds, such portion of its surplus funds as the Minister shall determine. - 24 Verify source ↗
(1) The Boa.rd shall maintain such accounts with
AI-assisted research summary: The Board must keep separate bank accounts for kwacha and other currencies, deposit all receipts into the right accounts, and may transfer funds only with the Minister’s approval.
24. (1) The Boa.rd shall maintain such accounts with the Bank of Zambia as may be necessary to keep separate its funds denominated in kwacha from those denominated in other currencies. Bank a.ooount• (2) The Board shall deposit all receipts into the appropriate accounts· maintained under subsection ( I ) ; and all payments shall be ma.de therefrom by means of cheques drawn in ac cordance with procedures approved by the Boa.rd. (3) The Board may, with the approval of the Minister, transfer funds from any of its accounts to another, as necessary. - 25 Verify source ↗
The Board shall cause to be kept proper books of AooounM
AI-assisted research summary: The Board must ensure proper books of accounts and related records are kept.
25. The Board shall cause to be kept proper books of AooounM accounts and other records re1a.ting to its accounts. 54 No. 1 1 of 1983] J'inano.ial yoar Annual report - 26 Verify source ↗
The financial year of the Boa.rd shall be the period of
AI-assisted research summary: The Board’s financial year is 12 months ending on 31 December each year.
26. The financial year of the Boa.rd shall be the period of twelve months ending on the 31st December in ea.ch year. - 27 Verify source ↗
(1) As soon as practicable, but not later than six months
AI-assisted research summary: The Board must send the Minister a yearly report within six months after each financial year ends, and the Minister must table it in the National Assembly within seven days after the first sitting following receipt.
27. (1) As soon as practicable, but not later than six months after the expiry of ea.ch financial year, the Board shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subsection (I) shall include information on the financial affairs of the Board o.nd there shall be appended thereto-- (a) a. ha.la.nee sheet; (b) an audited statement of income and expenditure; and (c) such other information a.a the Minister ma.y require. (3) The Minister shall, not later than seven days after tb.e first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly. Rogulat1oru3 - 28 Verify source ↗
The Minister ma.y, by 1ta.tutory instrument, make
AI-assisted research summary: The Minister may make regulations by statutory instrument.
28. The Minister ma.y, by 1ta.tutory instrument, make regula.tion&- (a) prescribing the matters required or permitted by this Act to be prescribed ; and (b) for the better carrying out of the purposes of this Act. SCHEDULE (,%otiom 17 and 18) PART I TOLL CHARGES Rogardlesa of the d.istanoo travollod botweon two toll pointe tho toll oha.rge for eaoh vohiolo 11he.LI be: . . Pl!.8/JOnger Ce.re Taxis . . M.ini Bl1888 (Private) Mini Bl1888 (Publio) Heo.vy BU80II (Privo.to) . . Heavy Lorriee with two o.xloe . . Hoavy Lorries with three axles . . Hoavy Lorries with trailer . . K . . 0.60 . . 0.50
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Tolls Act, 1983
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