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Toll tax exemption for Defence personnel

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  • mohan deshmukh
    The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a
    Message 1 of 9 , Aug 16, 2009
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    The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.




    SC upholds 105-year law exempting armed forces from toll

    Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
    A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
    The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
    Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
    The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
    The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
    While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.
  • sudhanshu sri
    Hi Desu , Have u tried this on Gurgaon toll plaza?? Do confirm if u have been successful there. Sudhanshu ... From: mohan deshmukh
    Message 2 of 9 , Aug 16, 2009
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      Hi Desu ,
      Have u tried this on Gurgaon toll plaza?? Do confirm if u have been successful there.
      Sudhanshu

      --- On Sun, 8/16/09, mohan deshmukh <deshmukhmohan@...> wrote:

      From: mohan deshmukh <deshmukhmohan@...>
      Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]
      To: "Sixty two gdoc" <sixtytwogdoc@yahoogroups.com>, "ARAFLO" <araflo@...>
      Date: Sunday, August 16, 2009, 2:23 PM

       

      The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

      SC upholds 105-year law exempting armed forces from toll

      Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
      A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
      The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
      Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
      The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
      The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
      While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.


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    • Rajsingh chauhan
      Hi Desu..... Thnx for the update but U ll be surprised to know that the Toll Authorities claim to have a clarification from their Mininstry duly ratified by
      Message 3 of 9 , Aug 17, 2009
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        Hi Desu..... Thnx for the update but U'll be surprised to know that the Toll Authorities claim to have a clarification from their Mininstry duly ratified by the Min of Def that 'Retired' personnel do not fall in the category of Regulars..... So U'll need to recheck....I'll keenly wait for the update...Regards ...Raj

        Hi Desu ,
        Have u tried this on Gurgaon toll plaza?? Do confirm if u have been successful there.
        Sudhanshu

        --- On Sun, 8/16/09, mohan deshmukh <deshmukhmohan@ yahoo.com> wrote:


        From: mohan deshmukh <deshmukhmohan@ yahoo.com>
        Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]
        To: "Sixty two gdoc" <sixtytwogdoc@ yahoogroups. com>, "ARAFLO" <araflo@googlegroups .com>
        Date: Sunday, August 16, 2009, 2:23 PM


         

        The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

        SC upholds 105-year law exempting armed forces from toll

        Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
        A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He
        had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
        The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
        Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
        The controversy regarding applicability of the Act began a few years ago, when private toll
        operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
        The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
        While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal
        Pradesh.


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      • Arun Kumar Kapur
        As per my information as DPS at Air HQ, all the ESM are not exempted from paying toll tax. A case was taken up for the gallantry award winning ESM but it was
        Message 4 of 9 , Aug 17, 2009
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          As per my information as DPS at Air HQ, all the ESM are not exempted from paying toll tax. A case was taken up for the gallantry award winning ESM but it was also turned down. For the serving personnel, toll tax is exempted at all the fly overs except DND flyover between Noida and Delhi.
           
          AK Kapur.

           


          From: mohan deshmukh <deshmukhmohan@...>
          To: Sixty two gdoc <sixtytwogdoc@yahoogroups.com>; ARAFLO <araflo@...>
          Sent: Sunday, August 16, 2009 1:53:39 AM
          Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]

           

          The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

          SC upholds 105-year law exempting armed forces from toll

          Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
          A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
          The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
          Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
          The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
          The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
          While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.


        • Rajender Raj Singh
          Hey Guys, Go to Maj. Navdeep s blog(just google Maj. Navdeep) for any clarifications he is the one who got this old law working.as per him all serving defence
          Message 5 of 9 , Aug 17, 2009
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            Hey Guys,
            Go to Maj. Navdeep's blog(just google Maj. Navdeep) for any clarifications he is the one who
            got this old law working.as per him all serving defence personnel are exempt from paying toll tax.Here are some excerpts from an article.
             
            "Captain Navdeep Singh is a record holder for the highest number of decorations in the history of the Indian Territorial Army, a volunteer force in which gainfully employed and self employed professionals receive military training for a few days in a year so that in the event of a war or a national emergency they can bear arms for the defence of the nation. Singh is also the youngest person connected with the Territorial Army to have been the recipient of five commendations. Singh has recently been awarded with his sixth decoration.

            Capt Navdeep Singh is a lawyer by profession and is based at the High Court of the States of Punjab & Haryana in Chandigarh, India.

            He is credited with the execution of implementation of the Indian Tolls (Army & Air Force) Act, 1901 all over India. This Act which was passed in 1901 provides for toll tax exemption to private vehicles of defence personnel irrespective of whether they are on duty or not. There was a controversy over implementation of the Act on private toll operators and private toll roads and bridges but the controversy was settled in 2003 when on a case taken up by him, the Indian Ministry of Road Transport & Highways clarified that the Act was valid even for the present times and toll exemption was to be granted to both ‘on duty’ and ‘off duty’ defence personnel.

            Toll tax exemption to defence personnel was later challenged in the Punjab & Haryana High Court by way of a Public Interest Litigation (PIL) but the petition was dismissed by the Court which upheld the exemption. The Indian Tolls (Army & Air Force) Act, 1901 was then Challenged in the Supreme Court of India but the petition was dismissed by the Supreme Court too, thus upholding the provisions of the Act which provides a very special privilege to the military community.

            He is also credited with effective implementation of entertainment tax exemption to serving defence personnel in cinemas and theatres. Most of the Indian states offer entertainment tax exemption to men in uniform but the rule was seldom followed or recognized by cinema halls.

            He has also worked for the benefit of WWII veterans and authored a book, "Soldiers Know Your Rights", which was released by General J J Singh, India’s former Chief of the Army Staff. Another lesser known book called "Fauj Hai Mauj", (Military is fun) is written by him. Click on links below:

            Captain Navdeep Singh
            Indian Army Benefits Blog

            Comment: Are ESM exempted from Toll Tax? If so what is the authority? What states do not give entertainment tax exemption to serving soldiers? I wonder if it is applicable in Southern States?

            Capt Navdeep Singh clarifies:
            "No, toll exemption is not available to veterans since the Indian Tolls (Army & Air Force) Act, 1901, only caters to serving defence personnel. The idea behind the Act was to take care of the frequent movement of military personnel and their families throughout the country. There was an NHAI letter in circulation which stated that the exemption was available to ESM too, but the said letter has been confirmed to be a fake one. Even the Hon'ble Supreme Court had only upheld exemption to serving personnel. However, veterans would be happy to learn that the Govt of India, as a goodwill gesture, has exempted all gallantry award winners including veterans from payment of toll on NHs. The said exemption to gallantry awardees is only available on National Highways unlike the exemption under the above mentioned Act of 1901 which is applicable on all roads and bridges in India."




            Rajender Singh
            510-742-1957(Home)
            510-676-1016(Cell)



             


            --- On Mon, 8/17/09, Arun Kumar Kapur <akk_1555@...> wrote:

            From: Arun Kumar Kapur <akk_1555@...>
            Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel
            To: sixtytwogdoc@yahoogroups.com
            Date: Monday, August 17, 2009, 2:20 AM

             
            As per my information as DPS at Air HQ, all the ESM are not exempted from paying toll tax. A case was taken up for the gallantry award winning ESM but it was also turned down. For the serving personnel, toll tax is exempted at all the fly overs except DND flyover between Noida and Delhi.
             
            AK Kapur.

             


            From: mohan deshmukh <deshmukhmohan@ yahoo.com>
            To: Sixty two gdoc <sixtytwogdoc@ yahoogroups. com>; ARAFLO <araflo@googlegroups .com>
            Sent: Sunday, August 16, 2009 1:53:39 AM
            Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]

             
            The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

            SC upholds 105-year law exempting armed forces from toll

            Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
            A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
            The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
            Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
            The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
            The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
            While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.



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          • Rajender Raj Singh
            Find answers to all you Toll Tax Questions...go to http://www.indianmilitary.info/search/label/toll%20tax Rajender Singh 510-742-1957(Home) 510-676-1016(Cell)
            Message 6 of 9 , Aug 17, 2009
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              Find answers to all you Toll Tax Questions...go to

              http://www.indianmilitary.info/search/label/toll%20tax



              Rajender Singh
              510-742-1957(Home)
              510-676-1016(Cell)



               


              --- On Mon, 8/17/09, Rajender Raj Singh <jindee2000@...> wrote:

              From: Rajender Raj Singh <jindee2000@...>
              Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel
              To: sixtytwogdoc@yahoogroups.com
              Date: Monday, August 17, 2009, 9:09 AM

               

              Hey Guys,
              Go to Maj. Navdeep's blog(just google Maj. Navdeep) for any clarifications he is the one who
              got this old law working.as per him all serving defence personnel are exempt from paying toll tax.Here are some excerpts from an article.
               
              "Captain Navdeep Singh is a record holder for the highest number of decorations in the history of the Indian Territorial Army, a volunteer force in which gainfully employed and self employed professionals receive military training for a few days in a year so that in the event of a war or a national emergency they can bear arms for the defence of the nation. Singh is also the youngest person connected with the Territorial Army to have been the recipient of five commendations. Singh has recently been awarded with his sixth decoration.

              Capt Navdeep Singh is a lawyer by profession and is based at the High Court of the States of Punjab & Haryana in Chandigarh, India.

              He is credited with the execution of implementation of the Indian Tolls (Army & Air Force) Act, 1901 all over India. This Act which was passed in 1901 provides for toll tax exemption to private vehicles of defence personnel irrespective of whether they are on duty or not. There was a controversy over implementation of the Act on private toll operators and private toll roads and bridges but the controversy was settled in 2003 when on a case taken up by him, the Indian Ministry of Road Transport & Highways clarified that the Act was valid even for the present times and toll exemption was to be granted to both ‘on duty’ and ‘off duty’ defence personnel.

              Toll tax exemption to defence personnel was later challenged in the Punjab & Haryana High Court by way of a Public Interest Litigation (PIL) but the petition was dismissed by the Court which upheld the exemption. The Indian Tolls (Army & Air Force) Act, 1901 was then Challenged in the Supreme Court of India but the petition was dismissed by the Supreme Court too, thus upholding the provisions of the Act which provides a very special privilege to the military community.

              He is also credited with effective implementation of entertainment tax exemption to serving defence personnel in cinemas and theatres. Most of the Indian states offer entertainment tax exemption to men in uniform but the rule was seldom followed or recognized by cinema halls.

              He has also worked for the benefit of WWII veterans and authored a book, "Soldiers Know Your Rights", which was released by General J J Singh, India’s former Chief of the Army Staff. Another lesser known book called "Fauj Hai Mauj", (Military is fun) is written by him. Click on links below:

              Captain Navdeep Singh
              Indian Army Benefits Blog

              Comment: Are ESM exempted from Toll Tax? If so what is the authority? What states do not give entertainment tax exemption to serving soldiers? I wonder if it is applicable in Southern States?

              Capt Navdeep Singh clarifies:
              "No, toll exemption is not available to veterans since the Indian Tolls (Army & Air Force) Act, 1901, only caters to serving defence personnel. The idea behind the Act was to take care of the frequent movement of military personnel and their families throughout the country. There was an NHAI letter in circulation which stated that the exemption was available to ESM too, but the said letter has been confirmed to be a fake one. Even the Hon'ble Supreme Court had only upheld exemption to serving personnel. However, veterans would be happy to learn that the Govt of India, as a goodwill gesture, has exempted all gallantry award winners including veterans from payment of toll on NHs. The said exemption to gallantry awardees is only available on National Highways unlike the exemption under the above mentioned Act of 1901 which is applicable on all roads and bridges in India."




              Rajender Singh
              510-742-1957( Home)
              510-676-1016( Cell)



               


              --- On Mon, 8/17/09, Arun Kumar Kapur <akk_1555@yahoo. com> wrote:

              From: Arun Kumar Kapur <akk_1555@yahoo. com>
              Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel
              To: sixtytwogdoc@ yahoogroups. com
              Date: Monday, August 17, 2009, 2:20 AM

               
              As per my information as DPS at Air HQ, all the ESM are not exempted from paying toll tax. A case was taken up for the gallantry award winning ESM but it was also turned down. For the serving personnel, toll tax is exempted at all the fly overs except DND flyover between Noida and Delhi.
               
              AK Kapur.

               


              From: mohan deshmukh <deshmukhmohan@ yahoo.com>
              To: Sixty two gdoc <sixtytwogdoc@ yahoogroups. com>; ARAFLO <araflo@googlegroups .com>
              Sent: Sunday, August 16, 2009 1:53:39 AM
              Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]

               
              The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

              SC upholds 105-year law exempting armed forces from toll

              Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
              A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
              The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
              Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
              The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
              The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
              While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.



              ____________ _________ _________ _________ _________ __
              Do You Yahoo!?
              Tired of spam? Yahoo! Mail has the best spam protection around
              http://mail. yahoo.com


            • mohan deshmukh
              Chu Chu, No I have not tried on gurgaon toll plazas. Did not get a chance, but have tried elsewhere and am getting away wtihout paying tax. Not only this, my
              Message 7 of 9 , Sep 5, 2009
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                Chu Chu,
                No I have not tried on gurgaon toll plazas. Did not get a chance, but have tried elsewhere and am getting away wtihout paying tax. Not only this, my wife tried her dependent card and got the exemption too. Try your luck.
                Where are you these days? SOme one mentioned you are trying to stay with mayawati in her abode?
                I am working for a NGO on a pilot project in the field of education. I am based currently about 200 km away from pune and get home on alternate weekends.
                Mohan
                --- On Sun, 16/8/09, sudhanshu sri <sudheena@...> wrote:

                From: sudhanshu sri <sudheena@...>
                Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel
                To: sixtytwogdoc@yahoogroups.com
                Date: Sunday, 16 August, 2009, 5:36 PM

                 
                Hi Desu ,
                Have u tried this on Gurgaon toll plaza?? Do confirm if u have been successful there.
                Sudhanshu

                --- On Sun, 8/16/09, mohan deshmukh <deshmukhmohan@ yahoo.com> wrote:

                From: mohan deshmukh <deshmukhmohan@ yahoo.com>
                Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]
                To: "Sixty two gdoc" <sixtytwogdoc@ yahoogroups. com>, "ARAFLO" <araflo@googlegroups .com>
                Date: Sunday, August 16, 2009, 2:23 PM

                 
                The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

                SC upholds 105-year law exempting armed forces from toll

                Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
                A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May.. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
                The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
                Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
                The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
                The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
                While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.


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              • Sunil Goel
                Hi All, This toll tax exemption for retired personel is wishy-washy. some points are accepting it, some do not. Guragaon DOES NOT - intially for some time they
                Message 8 of 9 , Sep 5, 2009
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                  Hi All,
                  This toll tax exemption for retired personel is wishy-washy. some points are accepting it, some do not. Guragaon DOES NOT - intially for some time they did, not now - their claim is that we are getting pension therefore we have to pay. I do not know what is the logic in this ? as if serving officers were living on government dole.

                  i have been to patiala and on the way 2 out of three tolls accepted my card while one gave me a sarcastic look as if to say that once you were a sarkari damad now u r divorced so f**k off.

                  DND Noida refuses to even acknowledge our existence and have been known to stop sarkari gaadis also.
                  some places in UP are too lazy to resist your argument and could not care less - one less entry to make on the computer.

                  so nothing is certain. and if one is not a daily traveller it really does not matter - the principle of the thing notwithstanding.

                  so if the chappie at the toll has had a nice roll in the hay with his wife/girl-boy friend he might let u thru, else he might just screw you!!!!!
                  Incredible India - Jai Ho!
                  Golu

                  On Sun, Sep 6, 2009 at 9:54 AM, mohan deshmukh <deshmukhmohan@...> wrote:
                   


                  Chu Chu,
                  No I have not tried on gurgaon toll plazas. Did not get a chance, but have tried elsewhere and am getting away wtihout paying tax. Not only this, my wife tried her dependent card and got the exemption too. Try your luck.
                  Where are you these days? SOme one mentioned you are trying to stay with mayawati in her abode?
                  I am working for a NGO on a pilot project in the field of education. I am based currently about 200 km away from pune and get home on alternate weekends.
                  Mohan
                  --- On Sun, 16/8/09, sudhanshu sri <sudheena@...> wrote:

                  From: sudhanshu sri <sudheena@...>

                  Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel
                  To: sixtytwogdoc@yahoogroups.com
                  Date: Sunday, 16 August, 2009, 5:36 PM


                   
                  Hi Desu ,
                  Have u tried this on Gurgaon toll plaza?? Do confirm if u have been successful there.
                  Sudhanshu

                  --- On Sun, 8/16/09, mohan deshmukh <deshmukhmohan@ yahoo.com> wrote:

                  From: mohan deshmukh <deshmukhmohan@ yahoo.com>
                  Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]
                  To: "Sixty two gdoc" <sixtytwogdoc@ yahoogroups. com>, "ARAFLO" <araflo@googlegroups .com>
                  Date: Sunday, August 16, 2009, 2:23 PM

                   
                  The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

                  SC upholds 105-year law exempting armed forces from toll

                  Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
                  A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May.. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
                  The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
                  Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
                  The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
                  The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
                  While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.


                  ____________ _________ _________ _________ _________ __
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                  Tired of spam? Yahoo! Mail has the best spam protection around
                  http://mail. yahoo.com


                • Arun Kumar Kapur
                  Dear Coursemates, As per NHAI there is no exemption from toll tax for the ESM. Also pl note that the DND flyover does not recognise any Def personnel whether
                  Message 9 of 9 , Sep 6, 2009
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                    Dear Coursemates,
                    As per NHAI there is no exemption from toll tax for the ESM.
                    Also pl note that the DND flyover does not recognise any Def personnel whether serving or retired.
                    The fight from the HQ is, however on.
                     
                    AK Kapur.


                    From: Sunil Goel <skgoel62@...>
                    To: sixtytwogdoc@yahoogroups.com
                    Sent: Saturday, September 5, 2009 11:35:14 PM
                    Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel

                     

                    Hi All,
                    This toll tax exemption for retired personel is wishy-washy. some points are accepting it, some do not. Guragaon DOES NOT - intially for some time they did, not now - their claim is that we are getting pension therefore we have to pay. I do not know what is the logic in this ? as if serving officers were living on government dole.

                    i have been to patiala and on the way 2 out of three tolls accepted my card while one gave me a sarcastic look as if to say that once you were a sarkari damad now u r divorced so f**k off.

                    DND Noida refuses to even acknowledge our existence and have been known to stop sarkari gaadis also.
                    some places in UP are too lazy to resist your argument and could not care less - one less entry to make on the computer.

                    so nothing is certain. and if one is not a daily traveller it really does not matter - the principle of the thing notwithstanding.

                    so if the chappie at the toll has had a nice roll in the hay with his wife/girl-boy friend he might let u thru, else he might just screw you!!!!!
                    Incredible India - Jai Ho!
                    Golu

                    On Sun, Sep 6, 2009 at 9:54 AM, mohan deshmukh <deshmukhmohan@ yahoo.com> wrote:
                     


                    Chu Chu,
                    No I have not tried on gurgaon toll plazas. Did not get a chance, but have tried elsewhere and am getting away wtihout paying tax. Not only this, my wife tried her dependent card and got the exemption too. Try your luck.
                    Where are you these days? SOme one mentioned you are trying to stay with mayawati in her abode?
                    I am working for a NGO on a pilot project in the field of education. I am based currently about 200 km away from pune and get home on alternate weekends.
                    Mohan
                    --- On Sun, 16/8/09, sudhanshu sri <sudheena@yahoo. com> wrote:

                    From: sudhanshu sri <sudheena@yahoo. com>

                    Subject: Re: [sixtytwogdoc] Toll tax exemption for Defence personnel
                    To: sixtytwogdoc@ yahoogroups. com
                    Date: Sunday, 16 August, 2009, 5:36 PM


                     
                    Hi Desu ,
                    Have u tried this on Gurgaon toll plaza?? Do confirm if u have been successful there.
                    Sudhanshu

                    --- On Sun, 8/16/09, mohan deshmukh <deshmukhmohan@ yahoo.com> wrote:

                    From: mohan deshmukh <deshmukhmohan@ yahoo.com>
                    Subject: [sixtytwogdoc] Toll tax exemption for Defence personnel [1 Attachment]
                    To: "Sixty two gdoc" <sixtytwogdoc@ yahoogroups. com>, "ARAFLO" <araflo@googlegroups .com>
                    Date: Sunday, August 16, 2009, 2:23 PM

                     
                    The NHAI letter is attached clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

                    SC upholds 105-year law exempting armed forces from toll

                    Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
                    A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May.. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
                    The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
                    Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
                    The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
                    The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
                    While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.


                    ____________ _________ _________ _________ _________ __
                    Do You Yahoo!?
                    Tired of spam? Yahoo! Mail has the best spam protection around
                    http://mail. yahoo.com



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