Law:

Section:

(a) Notification------ ---Mistake in-May be amended or corrected by authority issuing notification-Notification of the Commissioners of Port of Chittagong dated 14-3-1955 in respect of levy of tolls Power to levy mistakenly referred to as derived from S. 57 (2)(b) Chittagong Port Act (V of 1914)-Clause.(b) to subsection (2) of S. 57 non-existent in Act-mistake due to drafting error--­Notification corrected by Commissioners, by notification dated 11-3-1960 substituting S. 57 (1)(c) for S. 57 (2)(b)-Corrected notification, however, amounting not to mere "making good of an accidental omission but to introducing substantial change and material alteration in notification itself" -Corrected Notification deemed to have been operative from date of issue. (b) Chittagong Port Act (V of 1914)---- ----S. 57-Powers exercised under S. 57 by Commissioners since 1928 (when Chittagong declared major port) not invalid-Objection that Act remained a Provincial Act the disregard of terms of Entry 11, List I, Seventh Schedule, Government of India Act, 1935, held to be "mis­conceived"-Administrator, Lahore Municipality v. Daulat Ram Kapur A I R 1942 F C 14 considered. (c) Words and Phrases----- ---"Tolls"-Meaning and Scope. There may be tolls of many kinds, such as harbour tolls, anchorage tolls, or even a toll for the use of a Railway system itself. In its generic sense a `toll' may be described as a payment of a sum of money in respect of some benefit derived by the payer from the use of some property, service or facility provided by another. `Toll' is not, synonymous with `hire'. It may well be distinct from, and in addition to, a' charge leviable for the use of that property, service or facility. Thus a `toll' realisable by a railway, may be a payment in respect of the use of the railway system itself as distinct from a charge for carriage, cartage, haulage or collection. Sands v. Manistee River Improvement Company 31 Law Ed. U. S. S C R 288 considered. (d) Tolls------ ---Right how acquired. The right to levy a toll is commonly acquired either by some kind of express grant or by statute or by long usage ; thus the nature of the right acquired has to be necessarily considered in…

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