Captain Arminder Singh of Congress Campaigns for the Cause of Ex Servicemen

CONGRESS DI BULAND AWAAZ For the benefit of our Ex-Servicemen1. Refer to Punjab Pradesh Congress advertisement appearing on Page 5 of THE TRIBUNE Dated 22 Jan 2012.
Dear Veterans the following points were accepted by Capt Amrinder Singh for implementation in front of 6000 Plus ESM of Punab. This has got reflected in the Advertisement of Punjab Pradesh Congress.
1. Will pursue with the central Government for 100% implementation of One Rank One Pension Scheme which will benefit 8 Lakh Servicemen of Punjab.
2. Pursue and engage the central Government to extend the benefits such as Ex-servicemen Contributory Health Scheme (ECHS), gratuity etc to non pensioners.
3. Ex-servicemen would be exempted from paying Toll-Tax on State highways to be constructed on Public Private Partnership basis.
4. Every effort shall be made to remove anomalies of 6th Pay commission for Defence Personnel.
5. VAT on all CSD items will be exempted.
6. Financial Grant for marriage of the daughters of ESM widows will be enhanced.
7. Funds will be released for creation of ESM Institutes along with Zila Sainik Welfare Centers.
8.All ESM affairs will be directly under CM.
9. All ESM & Defence Personnel will be attended to on Priority by the State Govt Officials.
NAVI SOCH NAVA PUNJAB

Amarinder promises one rank, one pension to ex-servicemen

PTI | Jan 15, 2012, 07.18PM IST
MEHALKALAN: With Punjab going to polls on January 30, state Congress President Amarinder Singh on Sunday promised to ex-servicemen that he will ensure that the one rank one pension scheme was introduced.

He said, he had already taken up the matter with the Central Government and hoped it will be implemented soon.

Addressing a function organised by the Punjab Chapter of the Indian Ex-Service League here, Amarinder, himself an ex-army man, regretted that "some bureaucrats sitting in Delhi who had no idea as what it meant to be a soldier were trying to put hurdles in the implementation."

He appealed to the ex-servicemen to help and support the Congress in the forthcoming assembly elections in Punjab.

He said, ex-servicemen are pride of Punjab but unfortunately they have not received their due after retirement or leaving the services of the armed forces.

"An important step in this direction has already been taken with the Rajya Sabha Committee on Petitions having recommended one rank one pension scheme," he said, while adding, Congress was committed that the rights of ex-servicemen are protected.

He said, the party will pursue with the Central Government for 100 per cent implementation of One Rank One Pension scheme which will benefit 8 lakh ex-servicemen of Punjab.

Among other things he promised included that ex-servicemen would be exempted from paying toll-tax on the state highways to be constructed on Public Private Partnerships basis, every effort shall be made to remove anomalies of the 6th Pay Commission for Defence Personnel and VAT on all CSD items will be exempted.
Amarinder promises one rank, one pension to ex-servicemen

Toll Tax and NHAI

Dear sir,
will it be possible to take up case with the Government for exemption of toll tax for the ESM, by you? It is one of the demands of all the ESM.
with regards & thanks.
Lt Col RC Sharma
Gen Secy, RSESL

Present Status
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.
Posted by Navdeep / Maj Navdeep Singh
click here to read more

For public Grievances please contact General Manager Coord-I & Public Grievances:
Sh Vishnu Darbari
General Manager Coord-I & Public Grievances
National Highways Authority of India
G 5 & 6 , Sector 10, Dwarka,
New Delhi - 110075
Phone – 011-25074100/25074200
Extn: 1520
e-mail: vsdarbari@nhai.org
NHAI

Comment: Organisations like IESM and IESL should take up the case for Toll Tax Exemption for ESM with the appropriate authority. The RMS forum is only confined to disseminating news to ESM through this blog and emails.

SC upholds law exempting armed forces from toll

NHAI letter 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.
'With a warm handshake in thought'
Sovakar

Latest status and clarification
Sir,
This is in reference to the toll exemption letter placed on your blog which supposedly grants toll exemption to ESM.
While the news report reproduced in your blog related to the toll issue taken up by me is old news (2006), it only relates to serving personnel. The letter for ESM is fake. It has been forged by some mischievous elements. The news report originally appeared here in Sept 2006: click here
Toll exemption is not available to ESM and I have clarified it on my blog a number of times, the latest being: click here
Regards
Navdeep
Maj Navdeep Singh
Major Navdeep Singh is an author, activist, lawyer and a member of the Indian Territorial Army- click here to read more.

We thank Maj Navdeep for the latest position and clarification. The ESM are not exempted from the Toll Tax while travelling in the National Highways. The purported NHAI letter is a Fake (like all other Fakes in India).
Moderator

ESM: Toll Tax Exemption

Some toll operators continue to charge toll tax from ex-servicemen by distinguishing them from defence personnel on the ground that they have retired from the armed forces. Section 3 (a) of the Indian Toll (Army & Air Force) Act 1901 provides for toll tax exemption on all public or private roads and bridges in India for armed forces personnel.

Yet, the National Highway Authority of India makes different interpretations of the provision. The Centre and the states should enforce the Act in letter and spirit and exempt ex-servicemen from paying the toll tax.

Capt JAGDISH CHAND (Retd)
No toll exemption

Achievements of Capt Navdeep Singh

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.

Entertainment Tax is a state subject. Most of the States offer such exemption to defence personnel in cinemas and multiplexes. However, to check whether a particular State offers such exemption or not, you may have to contact the Excise and Taxation Deptt of that particular State or have a look at that State's Entertainment Duty/ Tax Rules."

Clarification of Highway Toll Tax

Dear Brigadier,

Please refer your e-mail to the chairman NHAI dated 03 Jan 08. The letter enclosed by you does not exist and is being circulated to misguide ex- servicemen as the toll collection work is being assigned only to DGR sponsored agencies of ESM(O) and employing 90% ex- servicemen.
Based on provisions of Indian Toll (Army & Air Force) Act 1901, exemption is available only to serving Defence Personnel and these provisions are being implemented. Recipients of Gallantry Award as per Gazette notification no GSR 84(E) dt 27 Oct 2003 are covered in exempted category.
No exemption is available to ex-servicemen unless they are recipients of listed gallantry awards.
Thanking you
Yours faithfully

Gp Capt Vinay Kaushal VSM
General Manager (CO)

The above letter was received by Brig CS Kamboj, VSM (Retd) which is reproduced for information of all ESM.