Ministry to review withdrawal of toll exemption to Army men

Posted at: Feb 3 2015 2:07AM

The Ministry of Road Transport and Highways (MRTH) will re-examine the issue of the withdrawal of toll tax exemption to serving defence personnel after a section of veterans contended that the move was illegal and based on incorrect advice by departmental officials.

According to sources, the MRTH has sought comments on the issue from the Ministry of Defence and Army Headquarters, following which the further course of action will be decided.

MRTH had issued a circular a few months ago stating that serving armed forces personnel would not be eligible for toll exemption while travelling in their private vehicles.

-----------------------------------------------------------------------------                  For frequent movement

• All serving armed forces personnel are exempt from paying toll whether travelling on duty or not and whether in a government vehicle or a private vehicle
• The purpose behind the Act is to facilitate frequent movement of defence personnel and their families across the country                                                 --------------------------------------------------------------------------

The Services community had raised objections over it, pointing out that the circular was in contravention of the provisions of the Indian Tolls (Army & Air Force) Act, 1901, and also against the clarification issued by the same ministry in 2003 in consequence of a legal case.

According to the Act, all serving armed forces personnel are exempt from paying toll whether travelling on duty or not and whether in a government vehicle or a private vehicle.

The purpose behind the Act was to facilitate frequent movement of defence personnel and their families across the country. Some legal experts opine that since the toll exemption is granted through a legislative Act, its provisions cannot be overridden by way of an executive order.

Toll exemption to defence personnel has been a long and contentious issue, with many toll operators in the past refusing to abide by the guidelines. The matter was settled after lengthy legal adjudication with the Supreme Court finally affirming the provisions of the Act.

(Source- Tribune News Service-Chandigarh, February 2)