THE INDIAN TOLLS (ARMY AND AIR FORCE) ACT, 1901

 

ACT No.2 OF 1901

[AS ON 1959]

 

{ This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941).}

 

An Act to amend the law relating to the exemption from tolls of persons and property belonging to the Army{Added by Act 10 of 1927, s.2 and Sch.I.}[or AirForce].

 

 [22nd February, 1901]

Contents

1.Short title, extent and commencement

2.Definitions

3.Exemption from tolls

4.Tools on vessels transporting troops and baggage etc., of troops embarked or disembarked

5.Penalty

6.Compensation

7.Rules

8.

 

{ Preamble omitted by the A.O.1950.}

 

It is hereby enacted as follows:—

 

 

1.Short title, extent and commencement

.- (1) This Act may be called the Indian Tolls { Subs.by Act 14 of 1942, s.2, for "(Army)".}[(Army and Air Force)] Act, 1901;

 

{ Subs.by the A.O.1950 for the former sub.-section.}[(2) It extends to the whole of India { The words " except Part B States " omitted by Act 3 of 1951, s.3 and Sch.} ]

 

 (3) It shall come into force on the first day of April, 1901.

 

{ Subs.by Act 14 of 1942, s.3, for the original s.2.}[

2.Definitions

.-In this Act, unless there is anything repugnant in the subject

or context,—

 

(a) the expression " authorised followers " means persons other than officers, soldiers or airmen, who are employed by, or are in the service of, the Forces or Corps concerned, or are in the service of any officer, soldier or airman of such Forces or Corps;

 

 (b) "carriage" means a vehicle for carriage or haulage other than one specially constructed for use on rails;

 

 (c) " ferry " includes every bridge and other thing which is a ferry within the meaning of any enactment authorising the levy of tolls on ferries, but does not include any ferry or other thing which is included in the definition of " rail of way " in section 3 of the Indian Railways Act, 1890 ( 9 of 1890 );

 

{Subs.by Act 3 of 1951, s.3 and Sch., for the former clause}[(d) the expression "the regular forces means "the regular army" as defined in clause (xxi) of section 3 of the Army Act, 1950 (46 of 1950 ), and includes the "Air Force" as defined in clause (iv) of section 4 of the Air Force Act, 1950 (45 of 1950 ) ;]

 

(e) "horse includes a mule and any beast of whatever description which is used for burden or draught or for carrying persons;

 

(f) the expression "Irregular Corps" means any force (other than {Ins.by the A.O.1950}[the Regular Forces or] { Subs.by Act 3 of 1951, s.3 and Sch., for "the Auxiliary Force (India) or the Indian Territorial Force"}[the Territorial Army or the National Cadet Corps] raised and maintained in India under the authority of the Central Government , {The words "or of the Crown Representative" omitted by the A.O.1948}or any other force which may be notified in this behalf by order published in the Official Gazette;

 

(g) the expression "Indian Reserve Forces" means the forces constituted by the Indian Reserve Forces Act, 1888 (5 of 1888 ) and includes officers belonging to the Army in India Reserve of Officers or to the {Subs.by Act 3 of 1951 , s.3 and Sch., for "Indian Regular Reserve of Officers"}[Regular Reserve of Officers ] and members of {The words "the Royal Air Force Volunteer Reserve and" omitted by the A.O.1950} the Indian Air Force Volunteer Reserve when subject to military or air force law, as the case may be;

 

(h) "landing place" includes a pier, wharf, quay, jetty and a stage , whether fixed or floating;

(i) "public authority" means the Central Government {The words "or the Federal Railway Authority" omitted by the A.O.1948} or a State Government or a local authority; and, so far as regards tolls levied by a railway company under section 4 of the Indian Guaranteed Railways Act, 1879 ( 42 & 43 Vict., c.41.),or section 51 of the Indian Railways Act, 1890 (9 of 1890),  includes such a railway company; and

 

(j) "tolls" includes duties, dues, rates, rents, fees and charges, but does not include customs duties levied under the Indian Tariff Act, 1934 (32 of 1934 ), octroi duties or town duties on the import of goods, or fares paid for the conveyance of passengers on a tramway.]

 

 

3.Exemption from tolls

.- The following persons and property, namely:—

{Cls.(a) to (g) subs.by Act 14 of 1942, s.4, for the original cls.(a) to (h) }[(a) all officers, soldiers and airmen of—

 

(i) {Subs.by the A.O.1950 for "His Majesty's Regular Forces"}[the Regular Forces,]

 

(ii) any Irregular Corps.{The word "or" in sub-clause (ii)and sub-clause(iii)omitted by the Adaptation of Laws (No.2)Order , 1956}

 

{The word "or" in sub-clause (ii)and sub-clause(iii)omitted by the Adaptation of Laws (No.2)Order , 1956}

 

(b) all members of 4[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 airmen of the Indian Reserve Forces when proceeding from their place of residence on being called out for service, training, or muster or when proceeding back to their place of residence after such service training or muster,

 

(d) all authorized followers of—

 

(i){Subs.by the A.O.1950 for "His Majesty's Regular Forces"}[the Regular Forces,]

{Subs.by s.3 and Sch., ibid, for the former sub-clause(ii)}[(ii) the Territorial Army or the National Cadet Corps

(iii)any Irregular Corps.{The word "or" in sub-clause (iii) and sub-clause (iv) omitted by the Adaptation of Laws (No.2) Order , 1956}

 

{ The word "or" in sub-clause (iii) and sub-clause(iv) omitted by the Adaptation of Laws (No.2) Order , 1956}

 

(e) all members of the families of officers, soldiers, airmen or authorized followers of—

 

(i) {Subs.by the A.O.1950 for "His Majesty's Regular Forces"}[the Regular Forces,] or

(ii) any Irregular Corps,

 

when accompanying any body of troops, or any officer soldier, airman or authorized follower thereof on duty or on the march,

 

(f) all prisoners under military or air force escort

 

(g) the carriages, horses, and baggage, and the persons (if any) employed in driving the carriages or in carrying the baggage, of any persons exempted under any of the fore going clauses, when such carriages, horses, baggage, or persons accompanying the persons so exempted  under the circumstances mentioned in those clauses respectively ]

 

{The original cls.(i), (j) (k) and (l) relettered (h), (i), (j) and (k) respectively by Act 14 of 1942, s.4}[(h)] all carriages and horses belonging to Government or employed {Subs.by the A.O.1950 for "in His Majesty's"}[in the Indian] military {Ins.by Act 10 of 1927 , s.2 and Sch.I}[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 returning, unladen from conveying such persons, baggage or stores,

 

{The original cls.(i), (j) (k) and (l) relettered (h), (i), (j) and (k) respectively by Act 14 of 1942, s.4}[(i)] all carriages and horses , when moving under the orders of military {Ins.by Act 10 of 1927 , s.2 and Sch.I}[ or air force] authority for the purpose of being employed{ Subs.by the A.O.1950 for "in His Majesty's"} [in the Indian ]military {Ins.by Act 10 of 1927 , s.2 and Sch.I}[or air force]service,

 

{The original cls.(i), (j) (k) and (l) relettered (h), (i), (j) and (k) respectively by Act 14 of 1942, s.4}[(j)] 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

 

{The original cls.(i), (j) (k) and (l) relettered (h), (i), (j) and (k) respectively by Act 14 of 1942, s.4}[(k)] all persons in charge of any carriage , horse or animal exempted under any of the foregoing clauses when accompanying the same under the circumstances mentioned in those clauses respectively,

 

shall be exempted from payment of any tolls—

 

(i) on embarking or disembarking, or on being shipped or landed, from or upon any landing-place, or

 

(ii) in passing along or over any turnpike or other road or bridge, or

 

(iii) on being carried by means of any ferry,

otherwise demandable by virtue of any Act, Ordinance, Regulation order of direction of any legislature or other public authority in {Subs.by Act 3 of 1951 , s.3 and Sch., for " a Part A State or a Part C State"}[India]:

 

Provided that nothing in this section shall exempt any boats, barges or other vessels employed in conveying the said persons or property along any canal from payment of tolls in like manner as other boats, barges and vessels.

 

{Added by Act 14 of 1942,s.4}[Explanation -  The persons or property exempted under clauses (d), (e), (g) and (j) 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.]

 

 

4.Tools on vessels transporting troops and baggage etc., of troops embarked or disembarked

.- (1) No tolls shall be leviable by any local authority in respect of -

 

(a) any vessel employed by {Subs.by the A.O.1937 for "the Government"}[the Central Government] solely for the transport of troops, or

 

(b) the horses, baggage or other effects of any troops embarking or disembarking at any port, or

 

(c) carriages belonging to Government or employed {Subs.by the A.O.1950 for " in His Majesty's"}[in the Indian] military {Ins.by Act 10 of 1927, s.2 and Sch.I}[or air-force] service embarking or disembarking at any port.

 

(2) In respect of all such vessels or troops, their families, their horses, baggage, and their effects, or any such carriages as aforesaid, the local authority concerned shall, in addition to its duties in the embarking and disembarking of the same, perform and supply all such reasonable services and accommodation as may, from time to time be required by { Subs.by the A.O.1937 for "the Government"}[the Central Government] and shall receive payment for all such services and accommodation on such terms and for such periods as may, from time to time, be determined by { Subs.by the A.O.1937 for "the Government"}[the Central Government] in consultation with such local authority.

 

 

5.Penalty

.- Any person who demands and receives any toll in contravention of the provisions of section 3 or section 4 shall be punishable with fine which may extend to fifty rupees.

 

6.Compensation

.- (1) If any owner or lessee , or any company , railway administration or local authority claims compensation for any loss alleged to have been incurred owing to the operation of this Act, the claim shall be submitted to the {Subs.by the A.O.1937 for "L.G."} [ Central Government]

 

(2) On receiving any such claim.the { Subs.by the A.O.1937 for "L.G."}[Central Government] { The words "subject to the control of the G.G.in C." omitted by the A.O.1937} shall pass such order thereon as justice requires, and shall give all necessary directions for the purpose of ascertaining the facts of the case and of assessing the compensation, if any, to be paid.

 

 

7.Rules

.- (1) The Central Government {The words "and the L.G.with the previous sanction of the G.G.in C."omitted by the A.O.1937} may make rules  to carry out the purposes and objects of this Act.

 

(2) In particular and without prejudice to the generality of the foregoing power, the g power , the Central Government { The words "or the L.G.with the previous sanction of the G.G.in C."omitted by the A.O.1937} may make rules providing for the form of passes to be given to persons or bodies of persons or in respect of property entitled to exemption from the payment of tolls under this Act.

 

(3) The power to make rules under this section is subject to the condition of the rules being made after previous publication.

 

(4) All rules made under this section shall be published in the Official Gazette {The words " or in the local Gazette" omitted by the A.O.1937} and, on such publication, shall have effect as if enacted by this Act.

 

8.        

[Repeals] Rep.by the Repealing and Amending Act, 1914( 10 of 1914), s.3 and Sch.II.

 

THE SCHEDULE.—[Enactments repealed.] Rep.by the Repealing and Amending Act, 1914 (10 of 1914) s..3 and Sch.II.