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Core Purpose

Notification under section 9 of the National Highways Act, 1956 amending the National Highways Fee (Determination of Rates and Collection) Rules, 2008 regarding fee collection after expiry of the concession period.

Detailed Summary

By notification G.S.R. 725(E) dated 6th October, 2023, the Ministry of Road Transport and Highways, in exercise of powers under section 9 of the National Highways Act, 1956 (48 of 1956), made the National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2023, amending rule 6(6)(b) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008; the substituted clause provides that the fee notified per the Concession Agreement is leviable until the end of the concession period, after which the fee shall be collected by the Central Government or the executing authority per the rate specified in rule 4(2), revised annually, and that for public funded projects the fee shall continue to be collected in perpetuity, also revised annually; the amendment took effect on publication; the notification (F. No. H-25016/01/2023-Toll/E-226274) was signed by Suman Prasad Singh, Joint Secretary, and noted that the principal rules were published vide G.S.R. 838(E) dated 5th December, 2008 and last amended vide G.S.R. 467(E) dated 24th June, 2022.

Full Text

6354 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY [फा. सं. एच. 25016/01/2023 -टोल/ई -226274 ] No. 572] NEW DELHI, FRIDAY , OCTOBER 6 , 2023/ ASVINA 14, 1945 CG-DL-E-07102023-249238 MINISTR Y OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 6th October, 2023 G.S.R. 725(E).—In exercise of the powers conferred by section 9 of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules further to amend the National Highways Fee (Determination of Rates and Collection) Rules, 2008, namely: - 1. (1) These rules may be called the National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the National Highways Fee (Determination of Rates and Collection) Rules, 2008, in rule 6, in sub -rule (6), for clause (b), the following clause shall be subst ituted, namely: - “(b) The fee as notified as per Concession Agreement shall be leviable till the end of the concession period and after the concession period is over, the fee shall be collected by the Central Government or the executing authority as per the fee specified in sub -rule (2) of rule 4 on the date of transfer of such section of the National Highway, bridge, tunnel or bypass, as the case may be, to be revised annually in accordance with these rules: Provided that in respect of a public funded p roject, the fee leviable shall continue to be collected in perpetuity for such section of the National Highway, bridge, tunnel or bypass, as the case may be, to be revised annually in accordance with these rules”. [F. No. H-25016/01/2023 -Toll/E-226274] SUMAN PRASAD SINGH , Jt. Secy . Note: - The principal rules were published in the Gazette of India, Extraordinary Part II, Section 3, Sub -Section (i) vide notification number G.S.R. 838 (E), dated the 5th December, 2008 and lastly amended vide number G.S. R. 467 (E), dated the 24th June, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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