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Wednesday, April 16, 2008

Private vehicles of defence personnel exempted from toll tax on Delhi-Gurgaon Expressway

Clear instructions have now been issued regaring toll exemption to defence personnel and their private vehicles on the Delhi-Gurgaon Expressway. Reproduced below is a self-explanatory letter sent to the Army, Navy and the Air Force by me on the issue :-



TOLL TAX EXEMPTION GRANTED TO PRIVATE VEHICLES OF
DEFENCE PERSONNEL ON DELHI-GURGAON EXPRESSWAY


Sir,


1. Please refer to ADG Mov Letter No 12668 / Mov C dated 15 Nov 2007 (Appx A) vide which military establishments were informed about the non-availability of toll exemption to private vehicles of defence personnel on Delhi-Gurgaon Expressway as per the toll notification issued by the Govt on the issue. It was informed vide the said letter that toll exemption would only be granted to defence personnel in uniform (on duty). Please also refer to my earlier detailed Letter No Nav/Toll/Mov/1&2 dated 01 Dec 07 / 01 Feb 08 through which I had attempted to provide the actual position regarding the provisions of the Indian Tolls (Army & Air Force) Act, 1901 and toll exemption to defence personnel and also to clear doubts that emerged from the ibid ADG Mov Letter.

2. As you may be knowing, toll exemption was granted when a case had been taken up by me with the Ministry of Road Transport & Highways (MoRTH) leading to the issuance of MoRTH Letter dated 12 Nov 03 (Appx B) ordaining that toll exemption shall be granted to private vehicles of defence personnel irrespective of whether they are on duty or not. The National Highways Authority of India (NHAI) also had later clearly informed vide their Circular No 81 (Appx C) that they had issued instructions to all concerned that toll exemption under the Indian Tolls (Army & Air Force) Act, 1901, shall be applicable in addition to toll notifications issued by the Govt. The Hon’ble Supreme Court had also in 2006 upheld toll exemption to private vehicles of defence personnel.

3. I had again taken up the issue with the NHAI specially with regard to the Delhi-Gurgaon Expressway and you would be glad to know that I have been informed vide NHAI Letter No 11041/131/2007-Admn(Rep)/507 dated 11 Feb 08 (Appx D) that the toll-operator has been duly intimated regarding exemption to defence personnel and their private vehicles on the said highway. The NHAI has also written a detailed letter No NHAI/Tech/Del-Gur/Toll Not/2006/74 dated 25 January 2008 to the toll operator (Appx E) on the issue. It has also been decided in a meeting between Mr Alan Le Raux (Chief Operations Officer of the tollway), NHAI, and military representatives that defence personnel would be granted free passage through the cash lane of the plaza on production of Identity Card. Defence Convoy movement would also be granted free access on intimation atleast 15 minutes in advance. Non-transferable TAGs / Smart Cards may also be issued with unlimited access to defence personnel after the working out the finer modalities.



4. You would also be glad to know that the Ministry had been requested to mention and include exemptions under the Indian Tolls (Army & Air Force) Act, 1901, in all toll notifications. This request has been acceded to and already implemented in recently issued Govt of India Gazette notifications on toll collection. Naval Personnel would be happy to note that such exemptions in the notifications shall carry the stipulation - ‘further extended to Navy’. The case for exemption on Delhi-Noida-Delhi (DND) Flyway remains sub-judice since a Letters Patent Appeal (LPA) against the order of the Delhi High Court on a case filed by a serving Army officer is pending. Toll exemption is being granted on all other Private / Public / State / National roads and bridges in the country.



(Navdeep Singh)
Advocate, High Court

22 comments:

Anonymous said...

Request clarify whether this exemption of tolls is applicable to retired personnel also.
Regards

Kamal said...

Dear Major Navneet.Quodo's for a Job really well done.
Please do confirm if the said privilege is only for serving personals.We who retired ages back and draw a pittance as pension are not allowed to use this privilege.The Toll Plaza at Gurgaon has said it very clearly.We who can ill afford 34 Rs two ways have to tighten our belts if we want to go to Cantt etc

Thanking you
Wg.Cdr(retd)
K.B.Shahi
J1/3,dlf phase2 gurgaon

Anonymous said...

Sir, thanks for enlightening us. are gallantry award winners exempted from toll tax on the delhi-gurgaon expressway.thanks
sb singh

Anonymous said...

Request clarify if there is any exemtion of parking charges for private vehicles of service personnel

Anonymous said...

Dear Navdeep,
Pl can you through light on any rules for us serving or retired faujis - whether or not is there any exemption for plying our personnel vehicles on daily basis in other states when having different states licence and registeration number and also when octroi of that state is not paid.
regards

EMGE said...

Dear Major,
You are doing a good job, but sometimes clarifications are not forthcoming. Kindly inform as so many have asked whether this exemption is applicable to retired personnel.I have been given exemption on production of my retired officers card at Mumbai.But what is the legal position? Also clarify whether the new sea bridge toll is also exempted. I understand you are up North but you have to have a panaromic view. Howver keep up the good work.
Wg cdr MG Singh(retd)

Navdeep / Maj Navdeep Singh said...

EMGE

The answer is already there on the blog, please look under the label of 'toll tax'. I cannot be expected to individually address queries when the subject has already been discussed in detail.

No, retd pers are not entitled to toll exemption except on NHs where retd gallantry awardees are exempted.

Thanks

Lt Col M S Nijher said...

Dear Major, Quodo's for a Job really well done and keeping us all updated.
On 21 Dec 09, while travelling on Jalandhar-Amritsar road in my private car which is in my name, I was charged toll tax of Rs 82.00 at LADOWAL TOLL PLAZA (KM 272 to KM 387.10) SOMA-ISOLUX NH-1 TOLLWAYS PVT LTD vide receipt No 352250. I had showed my Identity Card but was told by the TC that private vehicles of defence personnel are not exempted. The toll tax charged to me is contrary to the orders in vogue. You are requested to advise further action so that service personnel like me and anyone else traveling on that road are not charged toll.
Thanking You
Lt Col M S NIjher
HQ 7 Atry Bde
C/O 56 APO

puja said...

Sir,
with all the respect to your article, I would like to know whether the government official working with Central Government-Ministry of labour, who has to travel maximam through the Express Highway is exempted from the toll tax with the production of I Card of Government ? As I have not been allowed. and almost 5 days a week I have to travel under my duty with my personal vehicle. Please reply me as soon as possible

sachin said...

Dear Major,

I would like to clear one doubt as far as exemption for Dependents of serviceman are concern. are they exempted or not.
Is there any specific conditions in which they are exempted from paying toll tax.
as per Army and Airforce act any member of regular or irregular forces are exempted only if they are with Serviceman
or accompaning him/her in a case of march etc.
Please clear my doubt in this context.

Thanks
Sachin Sharma
Gurgaon

jasmail said...

SIR,
I WANT TO BRING IN YOUR NOTICE THAT RECENTLY DISABILITY ELEMENT FOR PBOR IS CALCULATED @ 30% OF MINIMUM PAY BAND,GRADE PAY AND MSP.BUT PRE 1-1-2006 are getting pension scale on maximum pay scale basis applicable for pbor.Please verify that pbor why MOD has not fixed disability element @ 30% of maximum scale drawing as per revised scale applicable to PBOR from 1-07-2009...Sir,It is an injustice for JCO's and other ranks.Request for legal advise
Regards and thanks
Sub Maj Jasmail Singh Mann
52,Bharat Nagar,Dayal Bagh,Ambala Cantt,Haryana.

Arunjit Singh Talwar said...

SIR, CAN YOU UPLOAD A COPY OF THE LETTER BY MINISTRY EXEMPTING SERVICE PERSONNEL FROM PAYING TOLL TAX

REGARDS

LT CDR AS TALWAR
ND (MB)

Anonymous said...

Dear Sir,
Thanks for your wonderful efforts and provisioning of all the information.
But, I would like to intimate you one fact about one incident that took back long back most probably in 2001, as a result of which it was published as an SRO entry (=pt1/ pt2 order of Army) in Subroto Park, New Delhi, which I reminds me, perhaps retired defence person/ serving person on/off duty is exempted from paying Toll Tax: as the matter was taken up by some retired AVM and an appraisal and awareness programme to all was done . May be I am mistaken, but still I request you to go deeper & search out/ rather dig out if such privileges to retired person can be linked. I also request you to take the steps for achieving such noble target for the Entire EX-Servicemen.The querry for dependants unaccompanied by Defence Personnel, Parking Charges exemption, and other state plying of vehicles is already posted by many.
Thanks and True Regards once more,
GOD BLESS YOU
EXSM DB, KOLKATA.

Anonymous said...

Dear Maj Navdeep Singh

We are very thankful to you for the info of GRANT OF SCCI TO THE ARMY PERSONNELS POSTED TO BRO UNITS. Even after the AFT decision the implementation is not done and the BRO is still holding on to STATIC, NO-STATIC argument which is meaningless. The PBOR of this HQ are very badly affected as immediate neighbouring units deployed in Army are getting the allowances and the Army personnels in HQ CE(P)along with allied units are not being authorised. The Project is located in the North East and this badly affecting the morale of the troops. The reply given by the Pers Section of this HQ is that there is an appeal against the AFT orders , hence it will not be allowed untill it is finalised. We are not clear whether there is an appeal against the AFT orders. Can you please enlighten us.

Inspr Mukesh said...

r sir
thanx for all info
but i m in BSF
is it applicable on us or not.

Rinku dogra said...

Dear Sir,

Kindly let us know under what provisions of law octroi, entry tax on goods belonging to service personnel is exempted.

R Dogra

Anonymous said...

Dear Maj Navdeep

The new toll collection booth which has come up at Rupnagar has itimated that as per the circular of NHAI dt 24 Nov 2011 toll is exempted to the defence personnels only if they are proceeding on TD or he is in Unifom and not other wise. Pl intimate if you have any such info


regards

Anonymous said...

I traveled by a hired taxi with my family on T/D to Delhi from Jaipur around 15 Mar 12. Toll operators around Gurgaon insisted on charging me toll tax. I refused to pay, met the managers, and after about an hour at each of two toll booths, was allowed to pass as a "favour". The operators produced a letter from the NHAI restricting the exemption to personnel in uniform. Is there any way that the operators can be prevented from such harrasment?

अखिलेश सू. जोशी said...

I would like to know if, any such exemption for ex-service personnel?
Kindly update me. Regards!

Akhilesh S Joshi
Ex- POA(Met)
Indian Navy

A K Shukla said...

Dear Sir,
Please do confirm if the said privilege is only for serving personals.We who retired ages back and draw a pittance as pension are not allowed to use this privilege.
A K Shukla,
Sub (Retd)
H No 13, Kalyan pur
Lucknow (UP)
E Mail:- anjnir15@gmail.com

Col Gautam Khot, Vr C (Retd) said...

Dear Sir,
with reference to your comments on retired offrs not authorised toll exemption, I would like to add that Gallantry Award winners are EXEMPTED from paying of toll tax.
In case anyonre is interested I can provide the authority
Regards
Col Gautam Khot, Vr C (Retd)
gautam@khots.com

Anonymous said...

Thank you for your enlightening info, pls may I know whether toll is exempted on all express highways?