Thursday, December 12, 2019

Doctors and toll tax and red-light exemptions

Doctors and toll tax and red-light exemptions

Dr KK Aggarwal
President CMAAO and HCFI

The lawyers and doctors, including IMA have asked the government to provide toll  tax exemption on National Highways. Currently the ambulances are exempted.

As per the definition an ambulance is a vehicle equipped to provide emergency care to sick or injured people and to get them to hospital. Ambulances can also be used to transport patients between hospitals. There are several types of ambulance, all specially equipped and including: vans (the most common type of ambulance) four-wheel drives.

I personally feel that doctor are different than the community,  they are allowed to prefix Dr in front of their name and are supposed to say no tro any emergency.

They must be allowed this privilege not only for toll tax but also to cross the roads in preference as given to any ambulance. Also during odd even restrictions doctors vehicles should be exempted.

Simultaneously it is also the duty of every doctor to equip their vehicle in question with all basic emergency facilities to handle any emergency. The government may certify these vehicles separately.

Would like to know from other NMAs if such privileges are given in any country.

Toll Tax

While this tax is mandatory and is charged in toll plazas along the highways across India, the rates vary because each toll plaza is accountable for a certain distance of the road. This taxation does is exempted for certain people including VIPs in the country of certain officials who have been listed in the last section.

Toll Tax Policy

Policy for collecting toll tax is based on the National Highways Act, 1956 (48 of 1956) provisions as well as the National Highways Fee (Determination of Rates and Collection) Rules, 2008, when this amendment was made. As of 2016 there are 390 toll tax collection fee plazas across the national highways in India. Based on the current policy literature any road with 6 lanes with 4 lanes already running is tolled even if the highway is not fully completed. As of 2016, there is no separate regulatory authority running independently for this taxation.

Toll Tax Exemption List

Any vehicle which has the following people will be exempted toll tax across India:

1.            President of India;
2.            Prime-Minister of India;
3.            Vice-President of India;
4.            Chief Justice of India;
5.            Governor of any State in India;
6.            Speaker of the House of People;
7.            Cabinet Minister of the Union
8.            Judge of the Supreme Court;
9.            Governor of any State in India;
10.         Minister of State of the Union;
11.         Member of Parliament;
12.         Lieutenant Governor of any Union Territory in India;
13.         Chief of Staff holding a full General or equivalent rank;
14.         Chairman of the Legislative Council of a State;
15.         Speaker of the Legislative Assembly of any State in India;
16.         Chief Justice of a High Court;
17.         Judge of a High Court;
18.         Army Commander or Vice-Chief of Army Staff and equivalent in other services;
19.         Foreign dignitary on State visit;
20.         Chief Secretary to a State Government within concerned State;
21.         Secretary to the Government of India;
22.         Secretary, Council of States;
23.         Secretary, House of People;
24.         A Member of Legislative Assembly of a State in the state premises, with identity proof.
25.         A Member of Legislative Council in the borders of their respective State, with identity proof.
26.         Awardees of the following recognition, with adequate identity proof:
             Param Vir Chakra, Ashok Chakra,
             Maha Vir Chakra, Kirti Chakra,
             Vir Chakra,
             Shaurya Chakra.

The other vehicles which are exempted from the toll tax include:

1.            Vehicle under or with a passenger who is from the Ministry of Defence including people eligible for toll exemption based on the provisions of the Indian Toll (Army and Air Force) Act, 1901 and laws including the Navy;

2.            Central and State armed forces in uniform including para military forces and police;

3.            An executive Magistrate;

4.            Vehicle belonging to the fire-fighting Department or organisation;

5.            Vehicle belonging to the National Highways Authority of India;

6.            Vehicle belonging to any other Government agency or organisation for purposes of survey, inspection, operation or construction and maintenance of national highways;

7.            Vehicle used as ambulance;

8.            Vehicle used as funeral van

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