Central
Section 2 of The Indian Tolls (Army and Air Force) Act, 1901
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 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) ; 2[(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 3[the Regular Forces or[4the Territorial Army or the National Cadet Corps]) raised and maintained in India under the authority of the Central Government, 5*** 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 6[Regular Reserve of Officers] and members of 7*** 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 8*** 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.
Summary
- It defines authorised followers (civilian workers or helpers of the military) as people who are not officers, soldiers, or airmen but are employed by the forces or by individual military personnel.
- It defines carriage (any transport vehicle) as a vehicle used for carrying or hauling things or people, but excludes vehicles made to run on rails like trains.
- It defines ferry (a boat or bridge crossing water) to include bridges and ferry-related things, but excludes anything defined as a railway under section 3 of the Indian Railways Act, 1890.
- It defines horse to include mules and any other animals used for carrying loads, pulling carts, or riding.
- It defines tolls (fees, duties, rates, rents, or charges) to include these payments, but specifically excludes customs duties, octroi duties (local entry taxes), town duties on imports, and tramway passenger fares.
- It defines public authority (the government bodies in charge) to include the Central Government, State Governments, local authorities, and certain railway companies.
Practical examples
1In March 1935, a civilian cook named Mohan was hired by an Army major to prepare meals for his unit. When crossing a toll bridge, Mohan is considered an "authorised follower" under this definition because he is employed in the service of an officer of the forces.
2In September 1940, a local merchant named Dev used a mule to carry goods near a toll station. Under this Act, the mule is legally defined as a "horse" because "horse" includes any beast used for burden or carrying persons.
FAQ
1. Does a "carriage" under this Act include a railway train?
No, a carriage is defined as a vehicle for carrying or hauling other than one made specially for use on rails.
2. Does the term "horse" only apply to actual horses?
No, it includes mules and any other animal used for carrying loads, pulling, or carrying people.
3. Are customs duties or tramway fares considered "tolls" under this Act?
No, tolls include duties, rates, rents, and fees, but specifically exclude customs duties, octroi or town import duties, and tramway passenger fares.
4. Who are "authorised followers" under the Act?
They are civilian workers, other than officers, soldiers, or airmen, who are employed by the forces or are in the service of any officer, soldier, or airman.
Test yourself
Q1.Which of the following is excluded from the definition of a "carriage" under this Act?
Q2.Which animal is specifically named as being included in the definition of a "horse"?
Q3.Under the definition of "tolls," which of the following is specifically excluded?
Q4.Which act is referenced to define "the regular forces" in Section 2?
Q5.What is excluded from the definition of a "ferry" under Section 2?