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Notification levying a user fee (toll) on National Highway 709AD for the Shamli-Muzaffarnagar section under the National Highways Act, 1956 and the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

Detailed Summary

The Ministry of Road Transport and Highways issued S.O. 3610(E) dated 10th August 2023, under 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, levying a fee on mechanical vehicles for use of the four-and-more-lane Shamli-Muzaffarnagar section (design km 35.580 to km 86.477, excluding 7.8 km overlap with NH-709B) of NH-709AD in Uttar Pradesh, entrusted to the National Highways Authority of India (NHAI) vide earlier notification S.O. 3032(E) dated 22nd June 2018 issued under Section 11 of the National Highways Authority of India Act, 1988. Base fee rates for 2007-08 range from Rs. 0.65/km (Car/Jeep/Van/LMV) to Rs. 4.20/km (Oversized Vehicles, seven or more axles), collected at 100% of base rate at the Fee Plaza at Design Km 71.100 near Jagahedi, Muzaffarnagar district, for a net road length of 18.980 km (excluding bypasses and structures over 60m). Additional fees apply at 150% of base rates for three bypasses totalling 23.265 km (Banat Bypass, Baghara Bypass and Muzaffarnagar Bypass on NH-709AD, costing Rs. 64.65 crore, Rs. 119.54 crore and Rs. 422.11 crore respectively) and for 0.852 km of major bridges/ROB structures (converted at a 10x equalisation factor to 8.520 km equivalent road length) at 100% of base rates. A monthly local-resident pass is set at Rs. 330 for 2023-24, subject to annual revision; multi-journey passes are also specified. Commercial vehicles registered in the district of the fee plaza receive a 50% fee reduction where no alternative road exists, and overloaded vehicles incur additional fees under Rule 10(1A) of the said Rules. The estimated capital cost of the project is Rs. 1621.08 crore, after recovery of which the fee is to be reduced to 40% of the notified rates. The notification (F. No. NHAI/13013/CO/23-24/FeeNotification/Shamli-Muzaffarnagar Section/Pkg-II/(km35.580-km86.250)/E-224659) is signed by Suman Prasad Singh, Joint Secretary.

Full Text

5212 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3456] NEW DEL HI, FRIDAY , AUGUST 11 , 2023/ SHRAVANA 20, 1945 CG-DL-E-12082023-248067 (1) (2) 18.980 43.450 46.700 3.188 64.65 70.050 6.750 119.54 71.100 पर 1 46.299 46.361 िड़ा पुल 0.062 2 61.360 61.500 िड़ा पुल 0.140 दकमी86.250)/ ई-224659 ] MINI STRY OF ROAD TRANSPORT AND HIGHWAYS NOTIF ICATION New Delhi , the 10th August , 2023 S.O. 3610(E).—Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number S.O. 3032 (E) dated the 22nd June 2018 issued under S ection 11 of the National Highway Authority of In dia Act 1988 ( 68 to 1988) , the Central Government has entrusted 709AD (The highway starting from its junction with NH -709 near Panipat in the state of Haryana connecting to Shamli, Muzaffarnagar , Bhopa, Bijnor and terminating at its junction with NH -734 near Nagina in the state of Uttar Pradesh) to the National Highways Authority of India (hereinafter referred to as the “Authority”); 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 (hereinafter referred to as the “rules”), the Central Government hereby levies the fee on mechanical vehicles at the rate specified in column (2) of the Table 1 f or net road section length of 18.980 km and for equivalent structure length (having length more than 60m) of 8.520 km (having length of 0.852 km) and at one and one half times the base rate for bypasses having length of 23.265 km costing rupees ten crore o r more on the type of vehicles specified in column (1) of the Table 1 below for the use of four and more lane of Shamli -Muzzafarnagar section excluding 7.8 kms of overlap length with NH -709B from design kilometer 35.580 to kilometer 86.477 (existing km 93 .200 of NH -709B to km 130.000 of NH -58) of National Highway number 709AD in the State of Uttar Pradesh 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) (1) (2) Car, Jeep, Van or Light Motor Vehicle 0.65 Light Commercial Vehicle, Light Goods Vehicle or Mini Bus 1.05 Bus or Truck (Two Axles) 2.20 Three -axle commercial vehicles 2.40 Heavy Constructio n Machinery (HCM) or Earth Moving Equipment (EME) or Multi Axle Vehicle (MAV) (four to six axles) 3.45 Oversized Vehicles (seven or more axles) 4.20 1. The fee to be levied and collected hereunder shall be due and payable at the Fee Plaza for net road length specified for such Fee Plaza namely: - Table -2 Location of Fee Plaza (chainage) Length (in km) for which Fee is payable Rate at which fee is payable At Design Km. 71.100 of NH - 709AD near Jagahedi in Muzaffarnagar district of Uttar Pradesh 18.980 [Excluding length of Bypass (costing >10 Cr.) and length of structures (>60m)] 100% for four and more lane, of the base rates mentioned in Table -1 above 2. In addition to above, the following fee shall also be due and payable for the use of the bypass costing Rs 10 crore or more at the following Fee Plaza for net bypass length specified for such Fee Plaza: - Table -3 Location of Fee Plaza (chainage) Name of the Bypass Taking Off Merging at Length and Cost of bypass for which additional f ee is payable Rate at which fee is payable Length (in Km.) Cost (in Rs. Crore) At Design Km. 71.100 of NH - 709AD near Jagahedi in Muzaffarnagar district of Uttar Pradesh Banat Bypass on NH-709AD Design km 43.450 Design km 46.700 3.188 [Excludi ng length of structures (>60m)] 64.65 150% for four and more lane of the base rates mentioned in Table -1 above Baghara Bypass on NH -709AD Design km 63.300 Design km 70.050 6.750 119.54 Muzaffarnagar Bypass on NH - 709AD+ Design km 72.500 Design km 86.477 13.327 [Excluding length of structures (>60m)] 422.11 Total length of bypasses 23.265 3. In addition to above, the following fee shall also be due and payable for the use of the following structures having length more than 60m at the following Fee Plaza(s), by converting the length of structures into an equivalent length of highway by multiplying the length of such structures by an equalisation factor of 10: - Table -4 Location of Fee Plaza (chainage) Length of structures^ (in km) to be converted into equivalent road length Equivalent road length (in km) Rate at which fee is payable At Design Km. 71.100 of NH - 709AD near Jagahedi in Muzaffarnagar district of Uttar Pradesh 0.852 8.520 100% for four and more lane of the base rates me ntioned in Table -1 above ^The detail is as under Chainage Type of Structure Length (in km) From Km To Km 1 46.299 46.361 Major Bridge 0.062 2 61.360 61.500 Major Bridge 0.140 3 82.652 83.302 ROB 0.650 Total 0.852 4. 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 kilometres from the fee plaza is Rs 330.000 (Three Hundred and Thirty Rupees Only) for the year 2023 -24 and is subject to revisio n every year as per the provisions of the said rules. 5. For multiple journeys on the highway section, passes shall b e issued at the following rates, namely: - Table -5 Amount Payable Maximum number of one way journeys allowed Period of validity One and one -half times of the fee for one way journey Two Twenty four hours from the time of payment Two-third of amount of the fee payable for fifty single journeys Fifty One month from date of payment 6. Fee for commercial vehicle (excluding v ehicles plying under National permit) registered in the district where the fee plaza falls shall be 50% of the specified rate for that category of vehicle provided no service road or alternative road is available for use of such commercial vehicles. 7. The driver or owner or a person in charge of a mechanical vehicle which is loaded in excess of permissib le load specified for its category, shall be liable to pay fee for entering the overloaded vehicle on the National Highway to the fee collecting a gency, equal to the fee specified in sub -rule 1A of rule 10 of the said rules, and shall not be entitled to ma ke use of the highway section unless the excess load has been removed from such mechanical vehicle. 8. 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. 9. The fee rates shall be displayed for information of the users in accorda nce with rule 12 of the said rules. 10. Based on the base rate of fee per kilometer for the base yea r 2007 -08 as mentioned in Table -1 above, the actual amount of fee to be charged from the mechanical vehicles and the discounts will be calculated by the Authority on the basis of the completed length of the section and revised annually in accordance with t he rule 5 of the said rules and the same shall be published in at least one newspaper in English and vernacular language. 11. The estimated c apital cost of the project is Rupees 1621.08 crore. [The capital cost is subject to variation as the activ ities of land acquisition, utility shifting, tree cutting, etc. are yet to be completed and the final capital cost will be notified separately]. The A uthority shall maintain a record of the recovery of capital cost through user fee realised and after recov ery 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. [F. No. NHAI/13013/CO/23 -24/FeeNotification/Shamli -Muzaffarnagar Section/Pkg -II/(km35.580 -km86.250) /E- 224659 ] SUMAN PRASAD SINGH , Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -11006 4 and Published by the Controller of Publications, Delhi -110054.

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