டோல் கட்டணத்தில் இருந்து வழக்கறிஞர்களுக்கு விதி விலக்கு தர வேண்டும் என்று பெங்களூர் வழக்கறிஞர் சங்கம் பிரச்சினையை முன்னெடுத்து உள்ளது. வழக்கறிஞர்கள், வேலை நாட்களில் தங்கள் கட்சிக்காரர் வழக்குக்காக டோல் பயன்படுத்துகின்றனர். போக, வர 400 ரூபாய்க்கு மேல் ஆகிறது. மத்திய அரசு நினைத்தால் விதிவிலக்கு தர முடியும். அடுத்து இது தேசிய அளவில் பரவும் என்று தெரிகிறது.
Lawyers should be exempted from toll fee under the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (framed under the National Highways Act, 1956).
Your views?
National Highways Fee (Determination of Rates and Collection) Rules, 2008 framed under the National Highways Act, 1956 provide for levy fee for use of any section of national highway, permanent bridge, bypass or tunnel forming part of the national highway, as the case may be, in accordance with the provisions of these rules: Provided that the Central Government may, by notification, exempt any section of national highway, permanent bridge, bypass or tunnel constructed through a public funded project from levy of such fee or part thereof, and subject to such conditions as may be specified in that notification.
Rule 11 speaks about exemption from payment of fee and says that the following persons are exempted from payment of fee. It says that no fee shall be levied and collected from a mechanical vehicle
(a) transporting and accompanying�
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Prime-Minister of India;
(iv) the Governor of a State;
(v) the Chief Justice of India;
(vi) the Speaker of the House of People;
(vii) the Cabinet Minister of the Union;
(viii) the Chief Minister of a State;
(ix) the Judge of the Supreme Court;
(x) the Minister of State of the Union;
(xi) the Lieutenant Governor of a Union territory;
(xii) the Chief of Staff holding the rank of full General or equivalent rank;
(xiii) the Chairman of the Legislative Council of a State;
(xiv) the Speaker of the Legislative Assembly of a State;
(xv) the Chief Justice of a High Court;
(xvi) the Judge of a High Court;
(xvii) the Member of Parliament;
(xviii) the Army Commander or Vice-Chief of Army Staff and equivalent in other services;
(xix) the Chief Secretary to a State Government within concerned State;
(xx) the Secretary to the Government of India;
(xxi) the Secretary, Council of States;
(xxii) the Secretary, House of People;
(xxiii) the Foreign dignitary on State visit;
(xxiv) The Member of Legislative Assembly of a State and the Member of Legislative Council of a State within their respective State, if he or she produces his or her identity card issued by the concerned Legislature of the State;
(xxv) the awardee of Param Vir Chakra, Ashok Chakra, Maha Vir Chakra, Kirti Chakra, Vir Chakra and Shaurya Chakra, if such awardee produces his or her photo identity card duly authenticated by the appropriate or competent authority for such award;
(b) used for official purposes by�
(i) the Ministry of Defence including those which are eligible for exemption in accordance with the provisions of the Indian Toll (Army and Air Force) Act, 1901 and rules made thereunder, as extended to Navy also;
(ii) the Central and State armed forces in uniform including para military forces and police;
(iii) an executive Magistrate;
(iv) the fire-fighting Department or organisation;
(v) the National Highways Authority of India or any other Government organisation using such vehicle for inspection, survey, construction or operation of national highways and maintenance thereof;
(c) used as ambulance; and
(d) used as funeral van.
The primary reason for granting exemption to may personalities mentioned above is that these people are in public life doing public service and hence cannot be burdened with toll fee.
It may be noted that advocates travel on working days only for the purpose of attending their clients' cases. No lawyer will travel outstation on working day except for attending their cases. Moreover, the Court Commissioners and Receivers etc act on behalf of Courts and hence considered as Officers of Court.
If being in public life and doing work for the society at large is the criteria, lawyers are certainly entitled to exemption. The to and fro toll fee in some roads exceed Rs.200 to 400. If the matter is adjourned day-to-day, it is practically impossible to afford such high burden. Such fee cannot be charged to a client especially when the client is poor and dependent on agriculture or manual labour.
The Advocates Association, Bangalore has taken up the issue and in the coming days it will be a nationwide movement to exempt lawyers from paying toll fee....
