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Core Purpose

This notification amends the previous notification S.O. 5366 (E) dated 18th December, 2023, regarding the levy of user fees for a national highway project, by modifying the conditions for fee imposition during project delays.

Detailed Summary

The Ministry of Road Transport and Highways, through notification S.O. 4259(E) dated 31st July, 2026, has amended the Government of India's previous notification S.O. 5366 (E) dated 18th December, 2023. This amendment is made in exercise of powers conferred by section 8A 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. The original notification pertained to the Central Government's authorization for Concessionaire M/s Samakhiyali Tollway Private Limited to levy user fees for the 6-Lane with Paved Shoulder development project on NH-27 from km. 339+200 to km. 430+100 (Samakhiyali to Santalpur section) in Gujarat, under a Design, Build, Finance, Operate, and Transfer (DBFOT) basis (BOT (Toll) Mode). The current amendment substitutes Sl. No. 3 in the said notification, now stipulating that no user fee shall be levied for the delayed period between the date of completion as per the Agreement and the date of actual completion of the project, if the project is delayed. Furthermore, for the purpose of this rule, any provisional completion of the project shall not be treated as completion.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-03082026-275137 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4083] NEW DELHI, FRIDAY, JULY 31, 2026/SHRAVAN 9, 1948 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 31st July, 2026 S.O. 4259(E).— Whereas, by notification of the Government of India in the Ministry of Road Transport and Highway Number S.O. 5366 (E) dated 18th December, 2023 (hereinafter referred to as “said notification”), the Central Government has the Concessionaire M/s Samakhiyali Tollway Private Limited, for levying of user fee for the project involving development of 6-Lane with Paved Shoulder of NH-27 from the Samakhiyali to Santalpur section from km. 339+200 to km. 430+100 in the State of Gujarat on a Design, Build, Finance, Operate, and Transfer (DBFOT) basis under the BOT (Toll) Mode. Now, therefore, in exercise of the powers conferred by section 8A 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 (hereinafter referred to as the "rules") the Central Government hereby makes following amendment to the said notification bearing S.O. 5366 (E) dated 18th December, 2023 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), namely:- (i) In the said notification, for Sl. No. 3, following shall be substituted:- "3. No user fee shall be levied for the delayed period between the date of completion as per the Agreement and the date of actual completion of the project, if it is delayed. For the purpose of this rule, any provisional completion of the project shall not be treated as completion of the project." [F. No. GUJDIV-12011/1/2025-PIU Gandhidham/E-263632] CHETNA NAND SINGH, Jt. Secy.

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