#THE INDIAN TOLLS (ARMY AND AIR FORCE) ACT, 1901 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 
3. Exemptions from tolls. 
4. Tolls on vessels transporting troops and baggage, etc., of troops embarked or disembarked. 
5. Penalty. 
6. Compensation.  
7. Rules.  
8. [Repealed.]. 

THE SCHEDULE. [Repealed.]. 
 


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

##ACT NO. 2 OF 1901 [^1]

[22nd February, 1901.]

An  Act  to  amend  the  law  relating  to  the  exemption  from  tolls  of  persons  and  a  property  belonging 
to the Army or Air Force.

It is hereby enacted as follows: — 

1. **Short title, extent and commencement.**—(1) This Act may be called the Indian Tolls (Army and 
Air Force) Act, 1901;

(2) It extends to the whole of India.

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

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 “railway” in section 3 of the Indian Railways Act, 1890 (9 of 1890);

(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 the Regular Forces or the 
Territorial Army or the National Cadet Corps) raised and maintained in India under the authority of 
the  Central  Government, or any other force  which  may  be  notified  in  this  behalf  by  order 
published in the Official Gazette;

[^1]. The Act has been extended to— 
    (1) Berar by the Berar Laws Act 1941 (4 of 1941). 
    (2) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule. 
    (3) Pondicherry on 1-10-1963, vide.,Reg. 7 of 1963. s. 3 and the First Schedule. 
    (4) Lakshadweep (w.e.f. 1-10-1967): vide. Reg. 8 of 1965. s. 3 and the First Schedule.

 
 
(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 Regular Reserve of Officers and members of 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 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 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  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. **Exemptions from tolls.**—The following persons and property, namely : — 

(a) all officers, soldiers and airmen of—  

(i) the Regular Forces
(ii) any Irregular 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 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 authorised followers of—  

(i) the Regular Forces
(ii) the Territorial Army or the National Cadet Corps,
(iii) any Irregular Corps.

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

(i) the Regular Forces or 
(ii) any Irregular Corps, 

when accompanying anybody of troops, or any officer, soldier, airman or authorised 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 foregoing clauses, 
when  such  carriages,  horses,  baggage,  or  persons  accompanying  the  persons  so  exempted  under 
the circumstances mentioned in those 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 returning, unladen from conveying such persons, 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 the Indian military or air-force service. 

(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 

(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  or  direction  of  any 
legislature or other public authority in 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. 

*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. **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 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 in the Indian military 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, 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 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  6[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 he 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 he submitted to the Central Government.

(2) On receiving any such claim, the Central Government shall pass such order thereon as 
justice requires, and shall give all necessary directions for the purpose of ascertaining the fact of the 
case and of assessing the compensation, if any, to be paid.

7. **Rules.**—(1) The Central Government 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  Central 
Government 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 and, on such 
publication, shall have effect as if enacted by this Act. 

(5) Every rule made by the Central Government under this section shall be laid, as soon as may 
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty 
days which may be comprised in one session or in two or more successive sessions, and if, before the 
expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case 
may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the 
validity of anything previously done under that rule.

8. *[Repeals.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914), s. 3 and the 
Second Schedule.*

THE SCHEDULE.—*[Enactments repealed.] Rep. by s. 3 and the Second Schedule ibid.*