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NHAI - TOLL TAX TAKEN FROM defence personnel

 
19 Reviews
User
  पदम् गोस्वामी on Jun 13, 2012
Toll Exemption
Sir,
1. I am an active soldier in Indian Armed Force. On 13 jun12 at 0618 hrs. while i was on my way from kalka to kasauli.i was in hired taxy , at kalka parwanoo Tollway : chandigarh shimla highwya via kalka on production of my service identity card i was forced to pay the toll tax, where as i showed them that in their exemption list it is mentioned that for defence personnel on production of the same are exempted for paying toll, rather they humiliated me and force me to pay the toll.

2. The Govt of India, Ministry of Road Transport & Highways (MoRTH) in consultation with the Ministry of Law vide Letter No NH-12037/278/2003/PB/NH-1 dated 12 November 2003 (Appendix B), the relevant extract of which is quoted below :-

. “Ministry of Law and Justice have indicated that Indian Tolls (Army and Air Force) Act 1901 is a special Act which over-rides general acts such as National Highways Act, 1956 and private vehicles of the officers, soldiers and airmen of regular forces are exempted from paying toll irrespective of whether they are on duty or not.”
3. I humbly request you to take an appropriate action against it so that no other soldiers get humiliated in future


Complaint comments 18 Comments     Updated:
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Comments

N
User
NISAR AHMAD NHAI  - India
 

Vehicle tax - High way toll tax

Respected Sir,

I regular visit the Surat city in the dirction of bypass highway (ONGC ROUTE).There is situated a highway toll tax. Incidently, once I was crossing & met SAHARA NEWS CHANNEL people at this toll tax with my family on 14 th Jan.08. They were suggested us that pl. donot pay the toll tax because it is made to collect the toll tax only for other states as well as other district vehicle, which are not passed from RTO, Surat. My vehicle is passed or registered in RTO, Surat.TV channel had taken our vehicle's photo & personal interview. My request is that they harssed the people those who are having Surat passed vehicle regularly, so called GUDDA RAJ(Forcefully collect the toll tax.).When ever you want to meet me, I will ready to cooperate in this regard. Pl. inquery from traffic then take actions.
I expect positive response. Your TV CHANNEL is NO ONE.

Yours truly
NISAR AHMAD
3023, KRIBHCO NAGAR
SURAT, 394515
PH.- 09825165379
A
User
Vishal Prajapati NHAI  - India
 
Dear Nisar ji,

I am same to think...I have not car but once my friend face same problem..

I think better to search a written document in this regard.

With Rgds,

Vishal
A Dec 11, 2012 by
User
dnchaube  
 
Dear Sir,
It is submitted with great concern that you had travelled with a taxi, not with your private vehicle which is totally in contrary to the Govt letter.
thanks
D Dec 24, 2012 by
User
Ashardeen  
 
Respected Sir

I Ex Sub Ashardeen was travelling from Delhi to Manesar with my own veh HR26BU 7860 on 08.12.2012 by Mr Kavinder Chouhan. As per existing rule ex-serviceman is exempted from paying toll on production of I-card. I humbly request you to take an appropriate action against him so that no other ex-serviceman get humiliated in future.Copy of toll receipt is enclosed.

With Regards
Ex Sub Ashardeen
N Feb 5, 2013 by
User
palani42  
 
Sir I Wg Cdr Went By Road To Chennai In Dec 2012 IHad To Pay Toll Tax The Letter Dated Nov 2010 is invalid and not accepted by NHAI Hence I Request To Issue Latest Dated letter Authorising Ex SErvice men exemption of toll tax payment
N Mar 20, 2013 by
User
EX-SUB NAGARAJU K  
 
Sir,
I EX-SUB Nagaraju K.Went By Road From Bangalore To Devanahalli on 17/03/2013 I Had To Pay Toll Tax The Letter Dated Nov 2010 is invalid and not accepted by NHAI Hence I Request To Issue Latest Dated letter Authorising Ex SErvice men exemption of toll tax payment.

Thank you
Regards
Nagaraju K.
9972399091
N May 9, 2013 by
User
amalgc  
 
From
Sasidharan Pillai
EX- Service Man
Plavila House, Near GHS
VRA-133, Attingal Post
Thiruvananthapuram

Sir,
Today ( 9-05-13) morning at 9.AM i was crossing the toll post located at Akkulam on NH47 bypass located near to Chakka -Trivandrum. The toll agents forcefully induced me the toll fee of Rs. 7.5 for maruti alto 2 and fro from me the order issued for exemption of toll tax rules for EX- Service Men. They argued me that according to new order there is no exemption of toll tax for ex service men. The detail for the ticket is NH47 TVM-NTA Akkulam Bridge.
My ID no is KER 14 / 23879. My contact number is 08547081220.
Hoping a speed action.
Thanking you
Yours faithfully
Sasidharan Pillai
N Jul 23, 2013 by
User
VijChin  
 
The Press Information Bureau notification on 22 aug 2007 says, In addition to above, vehicles as per the provision of the Indian tolls (Army and Air Force) Act, 1901, further extended to Navy, are also exempted. This includes personal vehicles of servicemen under certain circumstances.
The special circumstances here refer to the act of 1901 where personal vehicles are trasported as part of a troop movement of shift.
No rule or law states that army personal, active or ex on their personal trips are toll exempted. So, if you have ever enjoyed toll exemption on your personal trips, it was an undue privilege against the prevailing laws !


Vij
Bangalore
N Aug 18, 2013 by
User
sukhjinder bhatyal  
 
I am serving officer of Border Security force.
On 23 July, 2013, .while travelling, in my private vehicle, I was charged toll tax by BSC-C and C, Kurali toll road. Limited, at Kurali -Kiratpur Section, Near Chandigarh, despite my production of I-Card and establishing my identity, on following accounts :

1, Exemption is for Army, Air Force and Navy only,
2, Exemption of toll tax is extended to Para Military Forces is extended if they are on (I) official duty (ii) travelling in Mechanical Vehicle and (iii) in Uniform.
3. Toll exemption for Central Armed Forces(Paramilitary) e.g. is provided on state highways and national highways ( told Verbally only).

My take is...

1.) Section 1 Short title, extent and commencement --(2) of Indian Tolls (Army and Air Force) Act 1901 says "It extends to whole of India."
Hence there is no differentiation between different highways as far as applicability of the act and exemption thereof of toll tax to concerned categories is concerned.

2.) section 3 of Indian Tolls (Army and Air Force) Act 1901, which is a special act with special over-riding powers to all subsequent acts, provides this exemption to " 3(a) (i) All officers, soldiers and airmen of the Regular Forces, 3(a) (ii) any irregular Corps, ...3(K)(iii) "

3.) The act also explains under Section 2 Definitions (f) " the expression "irregular Corps" means any force (other than Territorial Army or the National Cadet Corps) raised and maintained in India under the authority of the central Government or any other force which may be notified in this behalf by order published in the official Gazette."

BSF was raised on 1st Dec, 1965 as An "Armed Force" of Indian Union through an act of parliament which was duly published in official Gazette of Indian union and is maintained by Min of Home Affairs, GOI. Hence, personnel of BSF also are entitled to the exemption under section 3.

4.) The exemption is also granted under section 3 (g) to "the carriages, horses, and baggage and the persons (if any) employed in driving the carriages or in carrying the baggage of any persons exempted under any of the foregoing clauses, when such carriages, horses baggage or persons accompanying the persons so exempted under circumstances mentioned in those clauses respectively".

5.) also explained under Section 2 Definitions (b) is "Carriage " means a vehicle for carriage or haulage other than one specially constructed for use on rails.
There is no term like "Mechanical Vehicle" used in act and the act is very clear and exhaustive that exemption is granted to the pvt/hired vehicle/animal used for transportation of exempt category of person.
A manager employed by the toll collecting company, who in this case happens to be, to my utter disbelief, an Ex. Captain from army, interprets that the mechanical vehicle, the term used in one of the letters produced by him, purportly carrying instructions from NHAI authorities about category of exempt persons, stands for a Vehicle from MT of army.( Mechanical Transport)

6.) There is no mention or requirement of being in uniform or on duty, as far as the act is concerned.


Now about INDIAN TOLLS (ARMY AND AIR FORCE ) RULES...(rules framed by central govt under sub section 3 of section 7 of Indian Tolls (Army and Air Force) Act 1901)

Rule 2, "Save as hereinafter otherwise provided in rule 3, where exemption from the payment of tolls is claimed under the Indian Tolls (Army and Air force) Act, 1901, in respect of any person or body of persons or any property, a pass, in the Form annexed, shall be presented on demand of the person authorised to demand the tolls.
Rule 3. (1)... (a) No passes shall be required in the case of ---officers, soldiers, and airmen of
(i) the Regular Forces,
(ii) Any irregular corpse, or
(iii) Armed forces maintained by Part B states, in uniform when on duty or on the march,
(b) ...
(c)...



(j)...

(2) No passes shall be required in the case of officers of the regular forces, Territorial army, the National Cadet corps or of any Irregular Corps or of any Armed Forces Maintained by part B states, when travelling on duty, though not in uniform.

From these rules, it can be concluded that even for BSF personnel (Irregular Force) as is for Army, Airforce and Navy, there is no need to be in uniform or on duty. Only establishing your identity should be considered sufficient.

It is for the forces maintained by states e.g. Police, who either or required to be in uniform, or on duty, or in possession of PASS from authorized authority.


A highlight of the act which till now I have not seen being discussed in any of the blogs is that there is a provision for penal action under section 5. of the act which says .."5. Penalty -Any person who demands and receives any toll in contravention of the provisions of section 3 or section 4 shall be punishable with fine which may extend fifty rupees."


In view of the above, kindly suggest me further course of action or take up the matter with concerned quarters so that this harakiri on the toll posts comes to an end.
N Jul 18, 2014 by
User
omramniwas  
 
I AM SERVING IN BSF. I HAVE BEEN TRANSFERED FROM NORTH EAST TO J&K. I HAVE TO SENT MY PERSONAL EFFECTS BY HIRING CIVIL TRUCK. WEATHER I HAVE TO PAY TOLL TAX OR OTHERWISE. PLEASE EXPLAIN.
N Jul 29, 2014 by
User
army1988  
 
Sir,
I EX-hav Mahendra m patel.Went By Road From Ahmedabad To Lunawada on
21/03/2014 I Had To Pay Toll Tax The Letter Dated Nov 2010 is invalid
and not accepted by NHAI kathalal Toll plaza. Hence I Request To Issue Latest Dated letter
Authorising Ex SErvice men exemption of toll tax payment.
N Aug 10, 2014 by
User
harish sharma  
 
Today 10 August 2014 at the Airoli Toll Plaza Navi Mumbai, ...
Misbehaving staff of Toll plaza with A Widow( who has a valid widows id card) of Ex Navy JCO...
Arrogantly flashing a piece of paper asking for toll fee...travelling in her own private car..
Would someone please clarify ...
N Aug 12, 2014 by
User
army1988  
 
Sir,
I EX-Hav Mahendra Mpatel.Went By Road From Ahmedabad To Lunawada on
21/03/2014 I Had To Pay Toll Tax The Letter Dated Nov 2010 is invalid
and not accepted by NHAI kathalal Toll plaza. Hence I Request To Issue Latest Dated letter
Authorising Ex SErvice men exemption of toll tax payment.


N Aug 12, 2014 by
User
Parthasarathy Vadapalli  
 
Today 12th August 2014 when Prime Minister visited Jammu and Kashmir he said the soldier's have a brave hearts. When he could see and he believed that Armed forces person acts very efficiently at borders to protect from infiltration of enemies. Every check post is like a toll plaza but he never undermined the mother land with any sort of bribe. But when he comes to rest after toiling 3/4th of life in different places in different environment and climates. We had been torchered by all civil administration in the always that privileges given armed persons and retired are not applicable to all clause in Act one is the most effected one is TOLL PLAZA. If NHAI can give the clear verdict . NO ARMED FORCES PERSONS EXCEPTED then we feel better. But not giving any sort of verdict makes us confusion
N Aug 16, 2014 by
User
rahuloza  
 
Same as my all officers commented .
I regularly visit rajkot and jamnagar from porbandar . I have exesam letar act of 1091 but still all toll plaza holder dont have that kind of exesamsan details so they dont allow to cross without pay,
I riquest you to pls give exemsan leter act of 1901 to all toll plaza.
Pls contect me for more ...
Rahul oza
8401532989
N Aug 16, 2014 by
User
rahuloza  
 
Pls agar ye site kuch manya rakhti he NHUI ke liye to mujse sampark kare yato apne sabhi toll plaza ko act of 1901 letter bheje or unhe is bareme vishesh jankari prapt karaye...
I am waiting for your positiv rsponce
N Sep 18, 2014 by
User
Deg Baba  
 
NHAI must clarify the doubts of Tool Operators/ Contractors by issuing a new policy letter exempting all serving and ESM from paying toll tax. Jai Hind...


OP Deg
Chief Writer (Ex Navy)
N Dec 17, 2014 by
User
anupam kumar652  
 
i am serving in border security force, please tell me regarding toll tax during leave

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    NHAI - TOLL TAX TAKEN FROM defence personnel