Notification, 2012

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

Q/he Gazette of findia

EXTRAORDINARY

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PUBLISHED BY AUTHORITY

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MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

NOTIFICATION

New Delhi, the 6th December, 2012 S'O' 2840(EAT-Whereas vide notification of the Government of India in the erstwhile Ministry of Surface Transport (Roads Wing) number 8.0. 78’(E), dated the 4‘h February, 1999, issued under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government, entrusted the stretch from Km 46.000 to Km 398.750 (Uttar Pradesh / Bihar Border to Barwa Adda section) of National Highway No. 2, in the State of Bihar, to the National Highways Authority of India (hereinafier referred to as the “Authority”); , And whereas, in exercise of the powers conferred by section 7 of the National Highways Act 1956 ( 48 of 1956) read with rules 3, 5 and 11 of the National Highways (Fees for the Use of National Highways Section and Permanent Bridge — Public Funded Project) Rules, 1997 and sub- rule 2 of rule 3 of the National Highways (Rate of~Fee) Rules, 1997, the Central Government by notification of the Government of India in the erstwhile Ministry of Shipping, Road Transport and Highways (Department/of Road Transport and Highways) number So. 673 (E) dated 26"1 April, 2007, authorized the National Highways Authority of India for levying and collecting fee on mechanical . vehicles for the use of four-laned stretch from Km 140.000 to Km 240.000 Barun to Barachatti section ofNational Highway No. 2 in the State of Bihar at the rates specified in its schedule.

And whereas, the Central Government in exercise of the powers conferred by section 9 of the National Highways Act 1956 (48 of 1956) and in supersession of the National Highways (Temporary Bridges) Rules, 1964, the National Highways (Collection of Fees by any person for the Use of Section of National Highways/Permanent Bridge/Temporary Bridge on National Highways) Rules, 1997, the National Highways (Fees for the Use of National Highways Section and Permanent Bridge — Public Funded Project) Rules, 1997 and the National Highways (Rate of Fee) Rules, 1997, has framed the National Highways Fee (Determination of Rates and collection) Rules, 2008, vide

G.S.R. 838(E) dated the 5‘11 Dec, 2008 for collection of fee for use of sections of national highways, permanent bridges, bypasses and tunnels.

Now, therefore, in exercise of the powers conferred by section 7 of the National Highways Act, 1956 (48 of 1956), read with rule 3 of the National Highways Fee . (Determination of Rates and Collection) Rules, 2008 and amended from time to time (hereinafter referred to as the “said Rules”), and in supersession of the notification of the Government of India in the erstwhile Ministry of Shipping, Road Transport and Highways (Department of Road Transport and Highways) number So. 673 (E), dated the 26[ April, 2007 except as respects things done or omitted to be done before such suppression, the Central Government hereby levies fee at the base rate specified in column (2) of the Table l for net road section length of 60.000 km (hereinafter referred to as “base rate”), for use of the four and more lane sections on the type of Vehicles specified in column (1) of Table 1 below, for the use of the four-laned stretch from Km 180.000 to Km 240.000 (hereinafter referred to as the “said stretch”) Aurangabad to Barachatti section of National Highway No. 2 and authorises the Authority to collect, either through its officials or through a contractor, the said fee namely:-

TABLE 1

Type of vehicle Base rate of fee per km for the base year 2007-08 (in Rupees) Car, Jeep, Van or Light Motor Vehicle 0.65 Light Commercial Vehicle, Light Goods Vehicle or Mini 1.05 Bus Bus or Truck (Two Axles) 2.20 Three-axle commercial vehicles 2.40 Heavy Construction Machinery (HCM) or Earth Moving _ Equipment (EME) or Multi Axle Vehicle (MAV) (four to six axles) Oversized Vehicles (seven or more axles) 4.20 Notes:

1. The fee levied and collected hereunder shall be due and payable at the following Toll Plaza for net road length specified for such Toll Plaza. Location of Toll Plaza (chainage) Length (in km) for which Fee is payable Km/Ch. 200.100 (new chainage at Km 60.000 997.100 near Village Sau Kala in Gaya District)

2. The rate of monthly pass for a person who owns a mechanical vehicle registered for non— commercial purposes and resides within a distance of twenty kilometers from the toll plaza1s Rs. 200.00 (rupees Two Hundred only) for the year 2012-13 andIS subject to revision every year as per the provisions of the National Highways Fee (Determination of Mites and Collection) Rules, 2008

3. For multiple journeys on the highway section, passes shall be issued at the following rates, namely.

Amount Payable Maximum number of Period of validity 1 one way journeys allowed One and half times of the fee Two Twenty four hours from the for one wayjoumey time of payment Two-third of amount of the fee Fifty One ‘month from date of payable for fifiy single journeys payment

4. Fee for commercial vehicle (excluding vehicles plying under National permit) registered in the district where the fee plaza falls shall be 50% of the prescribed rate for that category of vehicle provided no service road or alternative road1s available for use.Ofsuch commercial vehicles.

5. Mechanical vehicles whichIs loaded1n excess of permissible load specified for its category under the rules, shall be liable to pay fee at such rates which15 applicable for the next higher category of the vehicles and shall not be entitled to make use of the highway section unless the excess load has been removed from such mechanical vehicle.

6. All definitions including category of mechanical vehicles, its permissible load, category of exempted vehicles, service road, alternative. road etc. shall be as per definitions specified in the said rules.

7. The fee rates shall be displayed for information of the users in accordance with rules 12 of the said rules.

8. Based on the base rate of fee per km for the base year 2007-08 as mentioned in Table-l, the actual amount of fee to be charged from the mechanical vehicles and the discounts will be calculated by the Authority and revised annually1n accordance with the rule 5 of the said rules and the same shall be publishedin at least one newspaper, eachin English and vernacular language accordingly

9. The estimated capital cost of the project is Rupees 340.00 crores. The Authority shall maintain a record of the recovery of capital cost through user fee realised and after recovery of the capital cost, the fee leviable shall be reduced to 40% of the rates and shall be revised annually in accordance with the said rules. A total of Rs. 101.83 Crore has been recovered from the user fee realized till 31.03.2012.

10. The increase in the rates of fee shall in no case be more than twenty — five percent of the rates of fee applicable in the immediately preceding year. Printed by the Manager, Government of India Press. Ring Road, Mayapun. New Delhirl IUUGI and Published by Ihe Controller of Publications, Delhi-[10054

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The National Highways Authority of India Act, 1988