Feel free to contribute on burning issues concerning the armed forces. Contributions would be acknowledged - Use the 'Comments' tab or email navdeepsingh.india[at]gmail.com. No operational/business/commercial matters to be discussed please. Legal advice/litigation related issues would strictly NOT be published or discussed or entertained. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Thursday, May 1, 2008

Toll Tax Exemption is NOT available to Ex-Servicemen/women / Veterans

I have time and again received queries and complaints on refusal of toll exemption to ex-servicemen / veterans. It is clarified that the Indian Tolls (Army & Air Force) Act, 1901, is NOT applicable to ex-servicemen. Certain Ex-servicemen organizations had been flaunting a letter dated 17-11-2006 supposedly issued by the NHAI in which it was stated that besides serving personnel, even ex-servicemen were entitled to toll tax exemption. The NHAI has confirmed that the letter is fake.
Toll exemption is only available to private vehicles of serving personnel.
However veterans would be happy to learn that the Govt of India, as a goodwill gesture, has exempted gallantry award winning veterans from payment of toll tax on National Highways. While toll exemption under the above mentioned Act of 1901 is available on all roads and bridges in India, exemption to gallantry award winners is only available on NHs.
Also see :
http://www.tribuneindia.com/2008/20080322/cth1.htm


Chandigarh, March 21. Ex-servicemen are not exempted from paying toll tax on national highways. The exemption is available only to serving armed forces personnel, whether moving in government transport or their private vehicles.
A communiqué issued by the National Highways Authority of India (NHAI) on March 6 has further stated that a letter dated November 17, 2006, supposedly issued by its Delhi office providing for exemption to ex-servicemen, is a fake.
Over the past few months, various ex-servicemen organisations have been making the use of the aforesaid letter that mentions that besides serving personnel, ex-servicemen were also entitled toll tax exemption.
A section of serving and retired defence personnel has, however, raised doubts over the veracity of the letter since the Indian Tolls Act 1901 only provides for toll exemption to serving military personnel. Even the Supreme Court had in 2006 upheld toll exemption to private vehicles of serving defence personnel even if they were not on duty.
Many ex-servicemen had protested against toll collection on the basis of the said letter. An ex-servicemen’s organisation in Punjab had reportedly even obtained a stay from a district court on toll collection from retired personnel on the basis of the letter.

54 comments:

Anonymous said...

It is simply rediculous that a serving officer who can afford to buy a four wheeler is exempted of toll tax although the salary & other facilities provided to him are by any means higher than the men of armed forces & majority of them cannot even think of buying a 4 wheeler when in active service, when they retire from service & can think of buying a 4 wheeler then this army & airforce act 1901 is applicable to them that means these act were only made for serving officers & hence cannot be ammended . kindly think over it again as we are not in 1901

Anonymous said...

This is very pathetic on part of NHAI.Only the gallantry award holders are exempted among armed forces.Can a person having gallantry award win the battle without help of other defence persons of lower ranks.

abhi said...

its really unfortunate that even the serving army officers are made to pay the toll tax. one such incident happened with my father near the dera bassi flyover. He was going in a taxi for an urgent work. argument put forward was that because he is using taxi instead of personal vehicle, he has to pay.

Anonymous said...

Sir, as you said, seevice personnel travelling in their private vehicles on duty or on leave are exempted from paying toll tax. However on 13 september 2008, Gurgaon expressway people did not permit my vehicle to pass without toll on the plea that private vehicles of service personnel are not exempted from toll. You are requested to kindly clarify and quote the authority of NHAI. - Lt Col Manohar Ram

Anonymous said...

I am wife of a serving army Officer. I have to travel thru Derabassi flyover for work. Many a times, i have asked to pay toll tax even after showing dependant card and conveying toll tax is exempted. same happened today and the supervisor there (Pawan Kumar) abused this and forcibily asked to pay toll tax. I did that however, the Rude and indecent behavior the person has made leave a comment here. pl clarify what can be done regarding this. from where can i get the notice which states such exemption.

Navdeep / Maj Navdeep Singh said...

@Anony 6.51PM

Toll exemption is not available to families of personnel. It is only applicable when the person himself is in the vehicle.

Srinivas said...

It is ridiculous to follow NH Act of 1956 in 2009. Because NH Act is rotten and was suitable for the situation in 1956 and not for 2009.

Recently my property got acquired for NH-7 road widening project with nominal compensation paid as Rs.50/- per Sq.Yard where as the real market rate is Rs.5000/- and even more. I have lost around 500 yards and got nominal compensation and I need to go to court for relevant compensation. Everyone know the result of going to court and the kind of justice that will be done for such things in India.
Government is performing public auctions for selling govt property to get more income but it is not doing the same while acquiring the property from the individuals, this is absolutely unacceptable but no leader or legislators are doing nothing in this regard.
Government is also performing auctions for BSNL Mobile Numbers as most of us know that the mobile numbers are sold by auctions via SMS. One mobile is costing atleast Rs.100/- but One Yard of land is compensated with Rs.50/- Government personnel should feel shame about this. Its shame on our Government Acts/Rules/Policies which are not protecting the rights of the citizens but playing with the lives of the people.

The contractors/government started collecting the toll fee on NH-7 near Shadnagar as if they have sacrificed something for the development and providing facilities on the road. There is no exemption of toll fee for those lost/sacrificed their properties for road widening project.

Government should amend the Toll Act to exempt toll fee for those lost their property in the roads and NH Act should be amended to compensate all kinds of loss that is being caused due to road widening projects.

Email me at srinivas.velidanda@gmail.com for further details.

Anonymous said...

TOLL EXEMPTION SHOULD ALSO BE EXEMPTED TO THE DEPENDENTS OF SERVING DEFENCE PERS.

Anonymous said...

I feel sorry for the PBOR, who are made to pay Toll tax by some people quoting British Rule Book ie Some funny Act of 1901.
Cdr Alok Mohan (Retired)

Anonymous said...

Dear Major,
With Regards,request to confirm if toll exemption is applicable to MES personnel,Veh loaded with military stores despatched by industries and the CSD items loaded in civil truck hired by suppliers for CSD Depots.

B PRAKASH said...

Sir,
Pse clear my doubt whether toll tax exemption is applicable on serving paramilitary officers travelling in own/private car while on duty as central paramilitary forces are part of Armed Forces of india

Navdeep / Maj Navdeep Singh said...

@B Prakash

No it is not admissible to Paramil since CPOs are not covered under the Indian Tolls (Army and Air Force) Act 1901.

A Petition demanding the said facilities for CPOs was dismissed by the Hon'ble Supreme Court.

Rkmalik said...

My Dear Sir,
If NHAI exempt ESM too from paying toll at toll barrier.
This step will encrage the ESM moral even after retiring from defence forces & will make us to feel homly atmospher.
If at all toll tax to be collected from ESM In that case i would request to NHAI to make separate line For ESM & Concessional charges can be taken in special case as ESM also has given his valuable life for country .
War widow & widow of ESM may be exempted from all this type of taxes in special case.
The above comments are made by me.
RK Malik
Gen. Sec. Nationalis ExServicemen Co-Ordation committee.

Rajendra said...

Dear Sir,

Request you to explore the feasibilities for extending toll exemption to ESM also. This will be great for all ESM in recognition of their service to the country.

Thanks.

kumararaja said...

dear sir,
I am in service and while passing through a toll collection centre NK toll plaza inspite of producing the requisite documents i was not allowed to pass the booth without paying.
i had brought this to the notice of NHAI and asked for a clarification from them on the modalities of how to proceed in the matter further which is still unreplied.

what are the legal options open to me and is NHAI is also to be blamed for this irresponsive attitude

please guide me.it is not the matter of rupees 27 but a matter of a privilage and unlawful detention of an officer

ms said...

dear maj navdeep

is the toll tax exempted to serving officer while he is traveling in a hired vehicle/taxi.

e.g. i was traveling on TD in a taxi. I had to pay toll tax at toll plaza as they say that toll tax is not exempted if defense personnel while traveling in hired vehicle.

but this toll amount will not be reimbursed by CDA or will it be???

V GOPALA said...

Sir,

Are Ex-servicemen in Andhra Prdesh are exempted from paying Profesional Tax?, if employed by state or private sector.

Regds,
Gopala krishna
Ex-sgt

Sanju said...

Toll Tax should not be charged from anyone who has paid one time tax for his/her private vehicle whatsoever. This is fundamental right of everybody to travel anywhere in India. By allowing toll tax for a particular part/portion of road to a private builder clearly means that that particular land is allowed to be owned by that particular builder for that particular period, is itn't??? It is the duty on the part of the Government to provide good condition road to its public to travel and when they are charging one time road tax, it has no right to allow private parties to charge toll tax otherwise the Govt. should stop charging one time road tax. The Govt. is not transparent on this issue, while signing an agreement with the builders of the particular portion of the road; it is clear that the agreement signing authorities of Govt. would definitely be benefitted indirectly by the toll tax being charged by the private builders i.e. commission. B'coz the amount incurred on building a road cannot take so much time for recovery as there is huge traffic on Indian roads, and, audit of the toll tax collection and the amount spent on it should be done by the Govt. from time to time. This is concerned to all...

Dhruv Katoch said...

Hi,
How do retired gallantry award winners claim exemption on NH. Any specific document required?

Anonymous said...

Sir may I know that DRDO (Defence Research and Devlopment Organisation) Officers and Scientists are also exempted from the toll tax of national highways or not, as you know they are civilian officers but directly working with three services of india.
Thank you,
Regards-
Rakesh kumar
Tech.Officer
DRDO, Min. Of Defence

katiyarone@gmail.com said...

Respected Major Navdeep Sir,

Kindly enlighten me on the following:-
What is the distance between two toll points on the average.
How the the amount of toll tax decided.
who collects toll tax.
Does the govt keep account of tax collected.
Are the contractors responsible to collect the toll tax related to Mps and MLAs in any way.
Lastly if thew information is N/a with you sir, then where from and how to get it.
Thaaaaanq

Hon Flt Lt Girish Chandra

sagar said...

In respect to the abpve discussion, i would like to share a incident that happened to me yesterday. i was travelling by a private vehicle from delhi to jaipur. My parents (army dependents, my elder brother in serving major) were travelling alone.I showed the card at shahjhanpur, which they refused to accept,i was offended as they accepted the card while my route from jaipur to delhi stating that only on this toll this is accepted. Non acceptance was only complemented by there rude behavior at the both as well as office of the in-charge. I decided to pursue the matter and waited there for the chief legal officer of the both, which finally confirmed that dependent card has to be accepted (which i was very sure of). I thought of lodging a complaint against the office in-charge, but after their apologies i let it go.

Anonymous said...

Dear Maj Navdeep,
1. There is one Brig(retd) Deshpande, who has been employed by toll collection authorities in Bangalore.As per him only defence personnel, when in their private vehicles, are exemted toll fee when they are on duty and has passed the orders to personnel manning the toll plaza to collect fee from Defence personnel when in private vehicles and without Movement Order even though they are having Identity card.I cossed 5 Toll plaza in Tamil Nadu and they accepted the I Card but in Bangalore , since Brig (retd) Deshpande has been employed, he is not ready to accept the rule, probebly to impress his employer. May I request if the relevent letters as mentioned AppxA to E in your blog could be attached.

Colonel D P Singh

Anonymous said...

It is so unfortunate, people away from their home sacrificed so much for the country are now paying tolls, while some neta/abhi neta and their chelas get away with it.

Anonymous said...

"Defence personnel travelling in their private vehicles are exempted from paying toll tax."
CAN ANYBODY HERE GIVE A LINK TO THAT LETTER WHICH SUPPORT THE ABOVE STATEMENT PLEASE.
KAUSHIK GHOSHAL
SCIENTIST
DRDO

Anonymous said...

Sir, can you confirm that defence civilians ( MES,MILITARY FARMS,STN HQ) are exempted from toll tax or not.

Anonymous said...

Dear Sir,
In visakhapatnam Port trust-National Highway Connectivity bridge is connectricted and in between a deviation given towards Scindia via Naval dockyard.Authorities closed the old way and collecting toll fee for 4 wheelers for the 1/2 km.is there any rules and regulations about toll bridges? if yes, to whome i have to ask?
Regards
BV Pattnaik
balivada.venket@gmail.com
9491327460

parminder singh said...

i am ex ds11772x capt parminder singh of army dental corps. i had left the army service with disability on completion of contractual period of 5 yrs on sep 1997 as a SSC officer. i then applied for an advertised job under ex-servicemen quota in the PCMS-1 job in health dept. and joined it in 1999 mar as a doctor in punjab govt.

what i am asking is there any benefit of the past army service in the present civil job i have joined ?

regards, Dr(capt)Parminder Singh
parminder.singh1968@gmail.com
Mob- 9876193441

Anonymous said...

Dear All,
the nation should not forget that the ex servicemen have spent their youth for the country .therefore the nation can least do to see that the benefit is also made available to the exservicemen as well.

thanks

santosh said...

Hi Dear Major
This is an EX Marine Commando , I feel that certain rules are to be changed immediately. Please note Rules are made by us only. We only elected our representative to take proper judgment/ assessment for the smooth functioning. If they can not changes in system then they are to be pulled back from present assignment
This is a question to befit and welfare of all ex service mans who worked for nation.
One will wonder when he will come to know about benefit given to the ex service man of united states (US Army/ Navy / Air force)
Regards

Shree said...

Dear All,
I think that Mr.Navdeep / Maj Navdeep Singh is against Ex - servicemen's welfare. He must be an Gallantry award winner and so he in not bothered of others. If at all you cannot exempt Toll to Ex - servicemen then why exempt toll to Ex - servicemen with Gallantry Award ? Don't Exempt it at all.
By, Shree (Pune) +919325335455

Anonymous said...

@shree

Yun to ham ne lakh .......... dekhe hain, par tum sa nahi suna / dekha?

GURDEEP SINGH
GROUP CAPTAIN (Retd )

DKV said...

Dear Sir,
The objective of toll exemption to ESM need no emphasis as requirement is absolutely genuine.ESM has given his all to the Nation of 120 Crore. And if they could be provided this small token of welfare gesture by NHAI, I don't think that NHAI/ Nation would lose huge revenue to become bankrupt. I kindly request that point may be put up constantly for consideration in all the meetings to be keep-alive, and one day will come, we will get it.

LtCdr DK Verma (Retd)
email-ltcdrdkverma@gmail.com

Anonymous said...

when the govt. is collecting huge amount of life time road tax, why are they collecting toll again. does any one audit what is difference in investment and revenue from this toll collection. owners of the toll plaza's may be paying bribes to netas, who are responsible for amending the laws... who cares attitude should go. we must unite to fight against all these wrongs.

Unknown said...

DEAR SIR,
I M FROM INDIAN AIR FORCE SERVING PERSONAL. I WANT TO KNOW THAT ARMED FORCES PERSONAL ARE EXEMPTED FROM BOT PROJECT TOLL PLAZA IN RAJASTHAN. PLEASE CLEAR MY DOUBT.
thanks in advance sir.

Darshan said...

It is a pity that the defence personnel who defend the borders of our country have to pay for using the roads of that very country once they hang their uniform. The country will do a great service to the brave soldiers by amending the English period Act of 1901 and exempt the serving as well as retired defence personnel from paying toll tax.

Anonymous said...

the older law must be changed to the prevailing conditions to suite the requirement of growing and modern society. the need of the hour is the service personnel both in service and the retired/ex-servicemen should have representatives in the parliamnent in accordance with the number of both the service as well as the retired defence personnel. therefore the quota of defence personnel in parliament is must and the other greivences of the defence personnel shall take care by themselves.

Anonymous said...

can ex-service men who got gallantry award can be exempted from paying toll tax

Elisa Mohanty said...

if exemptions are given to servicing personnels..then how it could be fair not to give the same to those who had given their services for long time..government must go for a change and make a rule to give exemption to the ex-service providers..

satya said...

Dear All,
No matter what the defence personal do for this country we will always be looked down upon and will never get our dues.
Our salary and pension will be peanuts, our benefits ZERO, whether in the defence or retired nobody in the this damned country cares.It is a pathictc country.I sincerely advise all my family and friends who come to me for advise not to join the armed forces(unfortunate but true)this is the state our country has reduced us to... Best of luck if any one joins....

Sukhi said...

Dear Sir,
This is in regard to what has been written by the wife of a serving army officer regarding Derra Bassi Toll.
I have a query that i went their myself(serving offr again) and requested them to make a LOCAL pass for my wife and not the Complete exemption which is auth wen i am traveling myself. But even when they have a provn for local pass(monthly) they are not considering our vehicles as locals as the registration of the vehicle is not local...and i am posted in the area classified as local.
Your comments on the same are requested as we don't change our car registration wen we are posted to a place. So the rule of local veh should be extended to my car too even wen my wife is driving it.
Regards...Sukhi

Anonymous said...

Dear Ex-Men
My friends. Why are we wanting any benefits from this Govt or that Govt Dept.Where it suits the Govt 100 year old laws enacted for salves are applied and where the benefit is to public and NOT to the money grabbers,a Govt Order is issued They denied our sanctioned Rank Pay,cheated us on our pension and now they do not have our records readily available.

Please lets live with honour with this Govt of Scam gates..who has the time to consider a few miserly rupees for us when they are availing millions of Public money with guaranteed clean chits following...Happy life ...Ashok

Anonymous said...

I am an ESM from Kerala. Builders or their collection agents of most of the BOT bridges and roads in Kerala had been collecting toll for several years even after their contract period was over. Even while the people were protesting the collection of Toll on NH 544, they have increased the charge. A car is charges Rs 50 one way and Rs 80 for multiple pass. While a lumpsum amount is collected as road tax from every vehicle owner, it is the duty of the govt. to provide good roads without any extra collection. At least ESM should be exempted along with serving personnel for serving the nation as all the politicians who don't even serve their constituency are exempted from paying toll tax.

Anonymous said...

It is seen that gallantry awardees are exempt from paying toll tax,however it only states upto shauraya chakra awardees and does not include awardees of sena medal for gallantry which is also a gallantry award.the same must be included for exemption immediately for both serving and exservicemen.equivalents of sena medal for gallantry ie vayu sena medal and nau sena medal should also be included with respect to air force and navy respectively.

Anonymous said...

Sir,
An incident happen with me i am a officer of B.R.O an still in service and i was passing through the toll tax of kurali(punjab) and they refuse to accept my card and you can see that B.R.O is a part of Army. Please provide information about B.R.O officers to all the NHAI toll plaza's to accept the Identity card.

RN Mallik said...

Sir, I am active service person of Indian Navy. recebntly I was travelling from Odisha to Visakhapatnam in my own car carrying service identity card. i was excused to pay toll tax at all places except one place at odisha on one bridge named sarangadhar setu on river bramhani. the person at the gate has forced me to pay the toll tax. i had lodged a complain in pgportal.gov.in site and waiting for the reply.

Abhinav Rishi said...

is there any case pending in the courts of india which are challenging the fact that toll exepmtion are not given to ex servicemen?

mukeshu4me said...

Is state highways are also exempted for toll tax.

Rajesh said...

Dear All,
There is no point in breaking our heads over this Exemption because our system has rotten beyond repair due to selfish and greedy netas.They understand only the Vote Politics. It is high time that we ESM and SM have to get together and vote for the parties who pay heed to our demands. Our ESM forums or unions should come forward and make these netas understand that total ESM & family members vote count would be in crores and they cant deprive us of our rightful demands.

chitsy said...

Dear Navdeep sir
Is there any authority existing that exempts serving pers from tolls at BOT.
If yes pl publish or fwd
Thanx

Ranjeet Singh said...

Dear Sir,

It is clear that gallantry awardees are exempted from paying toll tax, however it only states unto paramvir chakra, mahavir chakra, vir chakra & shauraya chakra awardees and does not include awardees of President Police Medal for Gallantry and other categories of Gallantry Awards which is being approved by by the Hon'ble President of India. PPMG/PMG is also a gallantry award among the Indian Police Services and approved by Hon'ble President Of India.

It is requested to included for exemption by NHAI for all categories of Gallantry Awards and may be communicated to nation wide all toll plazas for smooth toll operation.

Thank you very much in advance, if the above request can be posted at the right platforms for decision in view of execution.

Regards
Ranjeet Singh

Anand Shekhawat said...

Sir,
1. I am an active soldier in Indian Armed Force. On 15 jun14 at 0918 hrs. while i was on my way from Delhi to baragaon. I was in my personal car, at Jhunjhunu Tollway : jhunjhunu chomu state highway via baragaon 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

atriya said...

those who are entitled for exemption but still insisted for paying toll tax....common yaar you are military personnel, you should know the best treatment in such cases...let's not soften too much towards NHAI 'chowkidaars'give them what they need to be given at the right place!

CK Sasidharan Nair said...

Toll is exempted to Ex Servicemen of regular forces vide Indian Toll Act 1901 (Army & Air Force ) also extended to all India & To Navy .
Section 3a of this Act clearly says who all are exempted (All service men -no difference is made on duty ,off duty ,serving retired etc )
Section 3b &c says who all are not exempted (Only on duty people in uniform for NCC,TA and reserved forces )
No where it says ex service men (ESM)of regular forces not permitted
Hence effort to collect toll fro ESM of regular forces by just issuing a memo written by a public servant ,without proper amendment is illegal and is punishable under section 5

CK Sasidharan Nair
Ex Navy nair.cks@gmail.com