| Address: Bareilly, Uttar Pradesh, 243002 |
EXEMPTION OF TOLL TO SERVING DEFENCE PERSONNEL
1. I am serving in the Indian Army since Sep 1987 and am presently posted to Air Force Station, Bareilly since Sep 2015.
2. I was returning to Bareilly from Haldwani on the Sunday, 04 Sep 2016 in my car Suzuki Swift Dzire bsIV bearing registration number UK 04 J 6555. At around 2200 hr at Dohna toll plaza (on the Bareilly - Bageshwar via Baheri highway) I aligned my car at one of the lanes. To the personnel manning the toll plaza, I identified myself and for verification of my identity showed my identity card bearing serial number 1153107.
3. I was expecting to be exempt of the toll being a serving defence person/ soldier as per orders and instructions by the competent authority on the subject. However, I was told that this privilege is no more applicable and that I will have to pay the same as is being paid by other people. On requesting for a copy under which the said privilege is being denied, I was given a photocopy of a newspaper article published in Chandigarh Kesari on Thursday, 18 Aug 2016. (photocopy of the newspaper cutting is attached as an enclosure/ attachment.) On being politely told that a newspaper article cannot be an authority, I was handed over a copy of Government of India, Ministry of Road Transport & Highways office memorandum No H-24030/ 32/ 2014-(Toll) dated 17 Jun 2014 which is in essence, a verbatim copy of Section-3 of The Indian Tolls (Army and Air Force) Act, 1901 for clarification regarding National Highways Fee (Determination of Rates and collection) Rules, 2008.(photocopy of the said MoRTH is attached as an enclosure/ attachment.)The clarification in para 2 of the said letter does not take into consideration the amendments to the said Act of 1901 and latest policy letters/ circulars by appropriate authorities on the subject.
4. However, since no amount of requests would convince the staff of the Tolling Contractor at the Toll Plaza, a payment for Rs 80 (Eighty only) was made vide Txn No[protected]. (photocopy of the receipt for payment is attached as an enclosure/ attachment.) Own telephone number was then communicated to and left with the employees of the Toll Plaza for the convenience of the Plaza Manager who has not contacted till filing of this report/ letter/ complaint.
5. In view of the above, it is kindly requested that the present position on exemption of toll to serving defence personnel be clarified with respective/ appropriate authority. A copy of the said authority may please be made available for my further necessary action. It would not be out of place to refer to the following as a guide:
Before proceeding further, the provisions of MoRTH letter No NH-12037/ 278/ 2003/ PB/ NH-1 dated 12 Nov 2003 are brought to your notice, 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 statutory Act which overrides general acts such as National Highways Act, 1956 and private vehicles of the officers, soldiers and airmen of regular forces are paying toll irrespective of whether they are on duty or not”.
The above correct legal position was also amplified vide MoRTH letter No NH-11065 /12 /2003-P&M dated 15 Sep 2014 to National Highways Authority of India vide paragraph 1 of which it was clearly stated that private vehicles of defence personnel shall be exempted. The subject line of the letter also shows that all categories of exemption under Section 3 of Indian Tolls (Army & Air Force) Act, 1901, would fall under the definition of ‘defence vehicles’ which is an exemption term usually used on National Highways.
6. A bare perusal of Section 3 of the Act would show that the ‘On Duty’ provision is only applicable to personnel of the Territorial Army (TA) and the National Cadet Corps (NCC) and those of the Indian Reserve Forces under Sections 3(b) and 3(c) and not to personnel of the Regular Army under Section 3(a). In this context, your attention is invited to Section 3(a) of the Act which provides toll exemption to all officers, soldiers and airmen of the Regular Forces (without the requirement of being ‘On Duty ‘) whereas Section 3 (b) and 3 (c) provide toll exemption to TA and NCC personnel and those of the Indian Reserve Forces when on duty or proceeding to or returning from duty/ service/ training etc.
7. It is also brought to your knowledge that provision of Toll exemption to ‘off duty’ and ‘on duty’ defence personnel was challenged before the Hon’ble Punjab & Haryana High Court in Civil Writ Petition No 8508 of 2006. The petition was however dismissed by a Division Bench of the Hon’ble High Court which held that the Act itself provided for concessions to defence personnel. The order of the Hon’ble High Court in the Hon’ble Supreme Court by way of Special Leave Petition 15419 of 2006 and toll exemption to on ‘on duty’ and ‘off duty’ personnel of regular forces was affirmed by the Hon’ble Supreme Court.
8. Apparently, the Ministry of Road Transport & Highways (MoRTH) issued a Circular stating that serving Military personnel would be eligible for toll exemption in their private vehicles. Needless to state, this circular issued by the MoRTH) is in contravention to the provisions of the Indian Tolls (Army & Air Force) Act, 1901, and against clarification issued by the same ministry in the year 2003 as a consequence of a case filed wherein the following was ordained by the said Ministry in consultation with the Ministry of Law & Justice:
"The matter was referred to Ministry of Law. Ministry of Law and Justice have indicated that Indian Tolls (Army and Air Force) Act, 1901 is a statutory Act which overrides general acts such as National Highways Act, 1956 and private vehicles of the officers, soldiers and airmen of regular forces are paying toll irrespective of whether they are on duty or not”.
9. The matter was reported on email to UP State Highways Authority (UPSHA), Lucknow and PNC Infratech Ltd, Agra (and/ or New Delhi) on 06 Sep 2016 and telephonically to an official (probably Mr Tapan Kumar Jain, CS) on 09 Sep 2016 at 1710 hrs. Mr Tapan had assured me of ‘getting back very soon’. Unfortunately till date, no official o[censored]PSHA or PNC Infratech Ltd has found time to contact me and speak to me or given an assurance that such harassment and humiliation of serving defence personnel at toll booths would not be repeated. An attempt was made to personally liaise with the Senior Manager (Toll) at Dohna, Mr Jagat Singh who has refused to make any statement or assurance on behalf of PNC Infratech Ltd, Agra (and/ or New Delhi).
10. Later, a copy of the mails sent to UP State Highways Authority (UPSHA), Lucknow and PNC Infratech Ltd, Agra (and/ or New Delhi) was sent to Mr Jagat Singh, Senior Manager (Toll) on 15 Sep 2016. He has expressed regrets on the incident by return e-mail. (I would rather term this lukewarm response after eleven days and that too after my forwarding of mails to his higher officials as ‘too little- too late’ which is nothing more than a damage control exercise.)
11. Sadly and unfortunately, no officials o[censored]P State Highways Authority (UPSHA), Lucknow and PNC Infratech Ltd, Agra (and/ or New Delhi) have bothered to either reply to the e-mails or contact me telephonically for expressing regret and assuring that such incidents of harassment and humiliation and will not take place in the near future.
12. However, a mail from Singhal Udeep K, GM (Tech) of NHAI, Delhi in a separate query quotes Gazette of India Extraordinary No 656 dated 03 Dec 2010 as an authority to extend exemption of toll to serving defence personnel only when they are 'on duty’. (copy of gazette notification attached please.)
13. I plan to take this matter to my higher authorities who would then use the forum of CMLC (civil military liaison conference) to arrive at a amicable solution as per the existing law on the subject. A suit in the Consumer Forum is also on the cards, subject to availability of sound legal advice as also a letter to Hon’ble Minister for Surface Transport and Highways, Mr Nitin Gadkari. It is being assumed that ‘Public Interest Litigation’ in this regard has already been filed.
13. I most humbly appeal to all social activists, lawyers and veterans organizations and other stake holders to help me as they deem fit to take the issue to its logical conclusion.
14. I can be contacted on [protected]@gmail.com and [protected].
(Pradeep Kumar)
Attachments : as stated above Col
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