Section 1 Short title, extent and commencement.
(1) This Act may be called the Indian Tolls 1[(Army andAir Force)] Act, 1901;
2[(2) It extends to the whole of India 3***.]
(3) It shall come into force on the first day of April, 1901.
Section 2 Definitions.
1[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 ofany officer, soldier or airman of such Forces or Corps;
(b) "carriage" means a vehicle for carriage or haulage other than one specially constructed for useon rails;
(c) "ferry" includes every bridge and other thing which is a ferry within the meaning of anyenactment authorising the levy of tolls on ferries, but does not include any ferry or other thing which isincluded in the definition of railway in section 3 of the Indian Railways Act, 1890 (9 of 1890) ;
2[(d) the expression "the regular forces" means "the regular Army" as defined in clause (xxi) ofsection 3 of the Army Act, 1950 (46 of 1950), and includes the "Air Force" as defined in clause (iv) ofsection 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 ordraught or for carrying persons;
(f) the expression "Irregular Corps" means any force (other than 3[the Regular Forces or[4theTerritorial Army or the National Cadet Corps]) raised and maintained in India under the authority ofthe Central Government, 5*** or any other force which may be notified in this behalf by orderpublished in the Official Gazette;
(g) the expression "Indian Reserve Forces" means the forces constituted by the Indian ReserveForces Act, 1888 (5 of 1888) and includes officers belonging to the Army in India Reserve ofOfficers or to the 6[Regular Reserve of Officers] and members of 7*** the Indian Air ForceVolunteer 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 8*** or a State Government or a localauthority; and, so far as regards tolls levied by a railway company under section 4 of the IndianGuaranteed Railways Act, 1879 (42 and 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 customsduties levied under the Indian Tariff Act, 1934 (32 of 1934), octroi duties or town duties on theimport of goods, or fares paid for the conveyance of passengers on a tramway.
Section 3 Exemptions from tolls.
The following persons and property, namely :--
1[(a) all officers, soldiers and airmen of--
(i) 2[the Regular Forces]
(ii) any Irregular Corps. 3***
4* * * * *
(b) all members of 5[the Territorial Army or of the National Cadet Corps,] when on duty orwhen proceeding to or returning from duty,
(c) all officers, soldiers and airmen of the Indian Reserve Forces when proceeding from theirplace of residence on being called out for service, training, or muster or when proceeding back totheir place of residence after such service, training or muster,
(d) all authorised followers of--
(i) 2[the Regular Forces]
6[(ii) the Territorial Army or the National Cadet Corps,]
(iii) any Irregular Corps. 7***
8* * * * *
(e) all members of the families of officers, soldiers, airmen or authorised followers of--
(i) 2[the Regular Forces] or
(ii) any Irregular Corps,
when accompanying anybody of troops, or any officer, soldier, airman or authorised follower thereofon 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 thecarriages or in carrying the baggage, of any persons exempted under any of the foregoing clauses,when such carriages, horses, baggage, or persons accompanying the persons so exempted underthe circumstances mentioned in those clauses respectively]
9[(h)] all carriages and horses belonging to Government or employed 10[in the Indian] military11[or air-force] service and all persons in charge of or accompanying the same, when conveying anysuch persons as hereinbefore in this section mentioned or when conveying baggage or stores, orwhen returning, unladen from conveying such persons, baggage or stores,
9[(i)] all carriages and horses, when moving under the orders of military 11[or air-force) authorityfor the purpose of being employed 10[in the Indian] military 11[or air-force] service.
9[(j) all animals accompanying any body of troops which are intended to be slaughtered forfood or kept for any purpose connected with the provisioning of such troops, and
9[(k) all persons in charge of any carriage, horse or animal exempted under any of the foregoingclauses when accompanying the same under the circumstances mentioned in those clausesrespectively,
shall be exempted from payment of any tolls--
(i) on embarking or disembarking, or on being shipped or landed, from or upon any landingplace, 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 or direction of anylegislature or other public authority in 12India:]
Provided that nothing in this section shall exempt any boats, barges or other vessels employed inconveying the said persons or property along any canal from payment of tolls in like manner as otherboats, barges and vessels.
13[Explanation.--The persons or property exempted under clauses (d), (e) (g) and (j) shall bedeemed to accompany the Forces, troops, persons or property concerned, when the move of theformer is the direct result of, or is connected with the move of the latter, irrespective of the interval ofspace and time between the two moves.]
Section 4 Tolls 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 3[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 1[in the Indian] military 2[or airforce]service embarking or disembarking at any port.
(2) In respect of all such vessels or troops, their families, their horses, baggage, and their effects, orany such carriages as aforesaid, the local authority concerned shall. in addition to its duties in theembarking and disembarking of the same, perform and supply all such reasonable services andaccommodation as may, from time to time, be required by 3[the Central Government], and shallreceive payment for all such services and accommodation on such terms and for such periods as may, from time to time, be determined by the Central Government in consultation with such localauthority.
Section 5 Penalty.
Any person who demands and receives any toll in contravention of the provisions ofsection 3 or section 4 shall he punishable with fine which may extend to fifty rupees.
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