-.

:11{8\ll {l�ll {hiltliJl Sllfflcfi{OI �/Phone: 91-11-25074100125074200

� /Fax.: 91-11-25093507 / ;!5093514
(qrn' �. � � am:� �)
National Highways Authority of India �- /Extn.: 2223 I 2318 I 2466 I 2553

(Ministry Qf Shipping, Road Transport and Highways)

-it-5 � 6, �-10, 'ffllfil, .:rf �-110 075
G.-5 & 6, Sector-10, Dwarka, New Delhi-110075

NHAI/ 1_3013/267 /CMD-CO/05-06/RTI-16. 04.12.2006

Circular No. NBAI/ Commercial Operation/81

Sub. Exemption to Defence Personnel under Indian Tolls (Army & Air
Force) Act, 1901.

In continuation to our circular No. NHAI/ Commercial Operation/ 18 dated

30 ..04.2003, enclosed please find the copy ofletter no. NH-11065/12/2003-P &
M dated 15.09.2004 of the Ministry circulating the extract of the Indian Tolls.
(Army & Air Force) Act 1901. It is regarding exemption from user fee under
Indian Tolls (Army & Air Force) Act 1901 in addition to the exemptions allowed
by the Ministry under various notifications.

It may please be ensured that exemptions under Indian Tolls (Army & Air
Force) Act 1901 are invariably mentioned ot'1 the display boards installed before
the fee plazas as per our circular no. 35 dated 06.01.2004.

Ends. As above

To,
All PIUs/ CMUs
Copy to
All Members
All CGMs/ CVO
All GMs
PS to Chairman
. Librarian
Z:\GM(CO)\DGM(CO)\RTI\RTI-16,Navratan Singh.doc
 Government of India
'Ministry of Shipping, Road Transport & Highways
Department cf Road Transport & Highways
· (P&M Section)
Transpmt Bhawan,
No. l, Parliament Street,
New Delhi 110 001.

No.NH-11065/12/2003-P&M Dated: 15.9.2004

To

1. The Secretary (P\". D),

All States/Union Te1Titories.

The Chairman,
National Highway Authority of India,
G 5&6, Sector 10, Dwarka,
New Delhi- 110 045. ·

Sub:- Exemption of Defence vehicles from payment of user's fee for use of-section of
National Highway/permanent bridge/temporary bridge on National Highways.

Sir,

The Ministry of Defence has brought to the notice of this Ministry that Defence
permn~1el., their personai vehicies and (:ivil Hire ·rnmsport em.ployed in llie sc.rvice c·f
defence forces are facing difficulties at Toll Collection Centre on National Highways as
they are not being allowed exemptions of fees pennissible under the Indian Tolls (Army
and Air Force) Act, 1901 in different parts of the country. The matter has been examined
has
in consultation with the Ministry of Law and Justi.c;;e· (Deptt. of Leg.al Affairs) and it
· been clarified by that Ministry t."'1.at the provisions of the Indian Toll:s (Army and Air
Force) are applicable to collection oftolls on National Highways.

2. Extracts from the Indian Tolls (Army and Air Force) Act, °1901 are enclosed
(Annex-I). This Ministry has notified National Highways (collectioi1 of Fee by any
person for use of section on National Highways, permanent bridge/temporary bridge on
National Highways) a.me 1dment rules 2003 vide GSR No.834(E) dated 27th October,
2003. According to these rules certain categories vehicles, including defence vehicles,
are exempted from payment of users fee given in the notification. The details o.f all such
defence vehicles/persons exempted from payment of users fees are enclosed_ (Annex-II).
These exemptions have also been made applicable for public funded projects.

3. It is requested that necessary instructions may be issued to all concerned who are
responsible for fees collection, that in addition to the exemptions allowed by the Ministry
under various uoti:fication.s the exemption as pe1missible under Indian Tolls. (Army and
Air Force) Act, ! 901 are 2.lso applicable 011 National Highways.

Yours faithfally,

~
Under Secretary to the Govt. of India
Tel: 23710450
 ... 2...

Copy for necessary action forwarded to:

1. Chief Engineer (PWD), All States.

2. All R.O.s, Minister of Road Transport & Highways.
3. All Chief Engineers, Ministry of Road Transport & Highways

Copy for information forwarded to:

I. Lt. Gen. A Nata:rnjan, Adjutant General, Army Headquarters, DHQ PO; New
Delhi w.r.t. his letterNo.B/80377/JAG, dated 18.6.2003.

~
( K.R. Gatti)
Under Secretary to the Govt. of India
Tel: 23710450
 ANNEXURE-1

As per Section 3.,.of Indian'Tolls (Army and Air Force) Act, 2001, the following
Defence p~rsons. and. ptc,Jforty are exempted from payment of users fee:

(a) All officers, soldiers and airmen of-

(i) the regular forces

(ii) any irregµ.l~r Corps .

(b) . All members of the territorial-army or of the.National Cadet Corps when on duty
or when proceeding to or returning from duty. ·

(c) All officers, soldiers and ajnn.en of the Indian reserve forces when proceeding
from or
their place or their residence on being called out for service, training, muster of
when proceeding back to their place ofresident after such service, training or muster.

(d) all authorized followers of -

(i) the regular forces

(ii) the territorial anny or the National Cadet Corps
(iii)· ~y irregular Corps

(e) all Members oftlie family of officers, soldiers; air men or autl1G:r~~ed followers of

(i) (the regular forces)

(ii) or any irregular Corps when accompanying any body of troops, or any
officer, soldier, airmen or authorized follower theirof on duty or on the
march.

(f) all prisoner .under military or air force esco~.

(g) the c~ages, ho.j;se and b1:1.ggage~ and the persons- (if any) .employed in driving the
carriage, the baggage, o'f any· persons· t:xempted under any of the foregoing clauses, when
such carriages, horses, baggage, or persons accompanying the persons· so exempted
under the circumstances·mentioned in th<;ise clauses respectively.

(h) all carriages and horses belonging to government or employed (in· the Indian)
military (or air force) service and all persons in charge of or accompanying the same,
when conveying any such persons as hereinbefore in this section mentioned or when
conveying baggage or stores, or when retti,rning, unladen from conveying such persona,
baggage or stores;

(i) all carriages and horses when -moving under the orders of military (or air force)
authority for the purpose of being employed (in tJ;ie Indian) military (or air force) service.

G) all animals accompanying any body of troops which are intended to be

slaughtered for food or kept' for any purpose connected with the provisioning of such
troops, and ·

(k) all persons fu charge of any carriage, horse or animal exempted. under any of the.
foregoing clauses when accompanying :the same under the circumstances mentioned iri
those clauses respectively. ·

shall be exempted from paymnt of any users fee while on vehicle for use of Section of
N~rlmn:ll l-·riD"hw~v'-1 inenmmenf HridPe/temnonuv RridQe on National FJhrhwavs.
 .. 2.-'..

Otherwise demandable by virtue of any Act, Ordinance, Regulation, order or

direction of any legislature or other public authority in Indiai

Explanation - the persons or property exempted under clauses (d), (e), (g) and (i) shall
be deemed to accompany the Forces, troops, persons or property concerned, when the
move of the former is the direct result of, or is connected with the move of the latter,
irrespective of the interval of space and time between the two moves.

*****
 MINJ.~TRY OF ROAD TRANSPORT AND ffiGHWAYS
N01'JFICATION
New Delhi. the-27~ October, 2003
G.S.R.. 843(:E).- In exercise of the powers .conf~rred by section 9. ~d with section 8A of the
. . . National Highways. Act, 1956 (48 of 1956), the Central Government hereby makes- ~he
following rules furtl1er to·. "ltnend the National Highways (Collection of Fees by •ai1y
person for the use of Section of National Highway/permanent bridge/temporary bridg!:l on
National Highway) Rules; 1997, namely :~

l. ( 1) These rules may be called the Nl;itional Highways (Collection of Fees by any
person for the use of Section of National Highways/ permanent
bridge/temporary bridge on National Highway) Amendment Rules, 2003.

(2) They shall come into force on the date of their publication in the Official
Gazette.

2. ·1n the, National Highways (Collectio11 of Fees by any person for the use of Section
of National Highways/permanent bridge/femporazy bridge on National Highway)Rules,
1997, in rule 5, in sub-rule( 1), in 1he proviso, for clause(i), the following clause shall, be
substituted, namely:-

'(i) vehicles -
(A) having "VIP" symbols;
officially belonging to -
(a) .President of India ;

(b) Vice-Pr-esident oflnd.ia;

(c) Governor of a State or Lt. Governor of a Union Ten·itory;
(d) a Foreign Dignitary on State visit to India;
in
(e} a Foreign diplomat stationed India using cars with "CDn/"CC' nllinber plates;
(f) Chair.man ofRajya Sabha or Speaker of.Lok Sabha or Chairman of a State Legislative
Council or Speaker of a State Legislative.Assembly or· a Minister for the Union or
State, or Leaders of Opposition in Lok Sabha or Rajya Sabha orState Legislatures
having the status of Cabinet Minister, ifhe is sitting in the vehicle; or
(g) a Member of Parliament, in the entire cow1try, o_r a Member of Legislative Assembly.
of a State. 01· a Member of Legislative Cow1cil of a State, in the resp~ctive State, if he
produces his identity card issued by the Parliament or concerned Legislature of a
State,as the case may be.~

(B) belongh1.g to winner ?f.GaUantry a:1ards .such ·as Param Vk Chakra, Ashok Chakra,
Maha V1r ~halcra, ~(1rti _Clukra, V1r Chakra and Shaw'Ya Chakra. if such awardee
produces I11s photo. 1dent1ty ~a.rd duly authenticated by t.µo Compett.int Authority foi·
ouch award.' ·

[F. No. NH.11065/lj/2002~P&MJ

ALOK RAWAT, Jt. Secy.

Footnote : The principal notification was pub!ished in the Gazette oflndia vide G.S.R
No. 62(E), dated 6.2.1997 and amended vide Notification G.S.R No.336(E)
dated 13.4.2000.