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Core Purpose

Notification under Section 8A of the National Highways Act, 1956 read with the National Highways Fee Rules, 2008 authorising M/s IRB Kota Tollway Private Limited to levy and collect user fees for the Kota Bypass (Km 1052.429 to 1080.249) of NH27, Rajasthan, under a Toll-Operate-Transfer concession agreement with the National Highways Authority of India.

Detailed Summary

Ministry of Road Transport and Highways notification S.O. 1380(E) dated 15 March 2024. It recites that under S.O. 465(E) dated 26 April 2002, issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government entrusted a stretch of NH76 in Rajasthan (Km 0.000-114.000 and Km 220.000-580.000, Pindwara-Udaipur and Chittorgarh-Kota-Baran-Rajasthan/M.P. Border section) to the National Highways Authority of India; that under Section 14 of that Act, the Authority entered an agreement dated 12.01.2024 with M/s IRB Kota Tollway Private Limited (registered office 11th Floor, 1101, Hiranandani Knowledge Park, Powai, Mumbai, Maharashtra-400076) for Tolling, Operation, Maintenance and Transfer (ToT mode) of the Kota Bypass, Km 1052.429 to 1080.249 (27.820 km) of NH27. Exercising powers under Section 8A of the National Highways Act, 1956 read with Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 [G.S.R. 838(E) dated 5.12.2008] and its listed amendments from 2010 to 2020, and in supersession of S.O. 440(E) dated 30 January 2018 and amendment S.O. 2564(E) dated 31 July 2020, the Central Government notifies base-year 2007-08 per-km fee rates by vehicle category (Car/Jeep/Van/Light Motor Vehicle Rs 0.65; Light Commercial/Goods Vehicle or Mini Bus Rs 1.05; Bus or Truck, two axles, Rs 2.20; three-axle commercial vehicles Rs 2.40; Heavy Construction Machinery/Earth Moving Equipment/Multi Axle Vehicle four to six axles Rs 3.45; Oversized Vehicles seven or more axles Rs 4.20) and authorises the Concessionaire to collect and retain fees from the Appointed Date or publication, whichever is later. It sets fee plazas at Sakautpura (Km 1055.217, LHS traffic) and Nayagaon (Km 1059.350, RHS traffic) for 1.535 km net road length at 100% of base rate, an additional 150% of base rate for the 24.726 km bypass length, and 100% of base rate for 1.559 km of qualifying structures (over 60 m) converted using an equalisation factor of 10 to 15.590 km equivalent length, listing individual bridges/ROB up to 1100 m. It fixes a monthly non-commercial pass at Rs 330.00 for 2023-24, multi-journey pass rates, a 50% concessional rate for local commercial vehicles absent an alternative road, and an overload fee under Rule 10(1A). Signed by Suman Prasad Singh, Joint Secretary, File No. NHAI/Fin/TOT/2023-24/TOT13/FeeNotification/KotaBypass/E-234744.

Full Text

1981 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1314 ] NEW DELH I, FRIDAY , MARCH 1 5, 2024 /PHALGUNA 25, 1945 CG-DL-E-16032024-253097 (1) (2) बस 1.05 बाइपास 1053.96 4 1080.249 24.726 150% 1059.350 1.559^ 1070.400 आरओबी 63.25 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 15th March , 2024 S.O. 1 380(E).— Whereas by notification of the Gove rnment of India in the Ministry of Road Transport and Highways number S.O. 465(E), dated the 26th April, 2002, issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government has entrusted the stretch fro m km 0.000 to km 114.000 and km 220.000 to km 580.000 ( Pindwara - Udaipur and Chittorgarh - Kota - Baran - Rajasthan/M.P. Border Section) of National Highway No. 76 in the State of Rajasthan to the National Highways Authority of India (hereinafter referred to as the “Authority”); And whereas, pursuant to the provision of Section 14 of the National Highways Authority of India Act, 1988 (68 of 1988), the Authority has entered into an Agreemen t (hereinafter referred to as said agreement) with M/s IRB Kota Tollway Private Limited, having its registered office at 11th Floor, 1101, Hiranandani Knowledge Park, Powai, Mumbai, Maharashtra – 400 076, (hereinafter referred to as the “Concessionaire”), on 12.01.2024 for the Tolling, Operation, Maintenance and Transfer (ToT mode) of Kota Bypass from km 1052.429 to km 1080.249 (Project length 27.820 km) of National Highway number 27 in the state of Rajasthan (hereinafter referred to as the said section) of the National Highway. 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 [GSR 838 (E) dt. 05.12.2008] read along with National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2010 [GSR 950(E) 03.12.2010], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2011 [GSR 15(E) 12.01.2011], National Hi ghways Fee (Determination of Rates and Collection) Second Amendment Rules, 2011 [GSR 756 (E) 12.10.2011], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2013 [GSR 778(E) 16.12.2013], National Highways Fee (Determination of R ates and Collection) Amendment Rules, 2014 [GSR 26(E) 16.01.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [GSR 831(E) 21.11.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2 014 [GSR 02(E) 29.12.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules 2015 [GSR 220(E) 23.03.2015], National Highways Fee (Determination of Rates and Collection) Amendment Rules 2016 [GSR 585(E) 08.06.2016], National Hi ghways Fee (Determination of Rates and Collection) Amendment Rules 2016 [GSR 1114(E) 02.12.2016], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2017 [GSR 248(E) 14.03.2017] , The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2018 [GSR 427(E) 07.05.2018], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2018 [GSR 920(E) 25.09.2018], The National Highways Fee (Determination of Rates and Collection) Amendmen t Rules, 2019 [GSR 942(E) 20.12.2019], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 298(E) 15.05.2020], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 523(E) 24.0 8.2020], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 804(E) 30.12.2020],and any other amendments till bid due date and in supersession of the Notification Number S.O. No. 440(E) dated 30th January, 2018 and Amendment S.O. No. 2564(E) dated 31st July, 2020 except as respect things done or omitted to be done before such supersession, the Central Government, having regard to the expenditure involved in building, maintenance, management and operation of the said Section of said National Highway, interest on the capital invested, reasonable return, the volume of traffic and the period of said agreement entered between the Authority and the Concessionaire, hereby notifies that there shall be levied and collected fee s on mechanical vehicles at the rate specified in column (2) of the Table 1 for total length of 27.820 km [including 1.535 km net roadlength, 24.726 net bypass length and 1.559 km length of structures (having length more than 60m) with equivalent length of 15.590 km] (hereinafter called as the “base rate”), on the Type of Vehicles specified in column (1) of the Table 1 below and authorizes the said Concessionaire to collect and retain the fee on and from the Appointed Date or publication of this Notificat ion in the Official Gazette, whichever is later, till the date of termination as specified in the agreement. This fee notification shall be effective from the Appointed Date of the ToT project. Table 1 Type of vehicle Base rate of fee per km* for NH sec tion of four or more lanes 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 Construction 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 levied and collected hereunder shall be due and payable at the fol lowing Fee Plaza for the net road length specified for such Fee Plaza: - Sl. No. Location of Toll Plaza Length (in km) for which Fee is Payable Rate at which Fee is payable 1 Sakautpura km 1055.217 for LHS Traffic and Nayagaon km 1059.350 for RHS Traffic 1.535 (Excluding 24.726 km length of bypass and 1.559 km length of structures) 100% of the base rates as per Table -I below 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: - Location of fee plaza Name of Bypass and Location Taking off Merging at Length (in km) for which Fee is Payable Rate at which Fee is payable Sakautpura km 1055.217 for LHS Traffic and Nayagaon km 1059.350 for RHS Traffic Kota Bypass 1053.964 1080.249 24.726 (Excluding 1.559 km length of structures) 150% of the base rates as per Table -I below 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 60 m at the following toll plaza, by converting the length of structures into an equivalent length of highway by multiplying the length of such structures by an equalization factor of 10: - Location of fee plaza Length of structures (km) of Road Length to be converted into equivalent road length Total equivalent road length (km) Rate at which fee is payable Sakautpura km 1055.217 for LHS Traffic and Nayagaon km 1059.350 for RHS Tra ffic 1.559^ 15.590 100% of the base rates as per Table -I below ^The details of 4 lane structures (> 60 m length) are as under: - Chainage (km) Type of Structure Length (m) 1057.462 Major Bridge 1100 1063.100 Major Bridge 62.54 1065.900 Major Bridge 84.25 1070.400 ROB 63.25 1072.900 Major Bridge 135.62 1076.850 Major Bridge 113.14 Total 1559 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 twen ty kilometers from the fee plaza is Rs. 330.00 (Rupees Three Hundred Thirty only) for the year 2023 -24 which is subject to revision every year as per the provisions of the National Highways Fee (Determination of Rates and Collection) Rules, 2008. 5. For multiple journeys on the highway section, passes shall be issued at the following rates, namely: - Amount Payable Maximum number of one way journeys allowed Period of validity One and 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 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 road is available for use of such commercial vehicles. 7. The driver or owner or a person in charge of a mechani cal vehicle which is loaded in excess of permissible load specified for its category, shall be liable to pay fee for entering the overloaded vehicle on the National Highway to the fee collecting agency, equal to the fee specified in sub -rule 1A of rule 10 of the said rules, and shall not be entitled to make 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 Rules. 9. The Fee rates shall be displayed for information of the users in accordance with rules 12 of the said Rules. 10. Based on the Base Rate of Fee per km for the base year 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 completed length of the Proje ct Highway. The same shall be got published by the Authority through the Concessionaire in at least one newspaper, each in English and vernacular language and thereafter revised annually in accordance with the rule 5 of the said rules and provision of Conc ession Agreement and got published, provided that no revision shall be effected within a period of 6 (six) months from the date of the preceding revision of Fee. [F. No. NHAI/Fin/TOT/2023 -24/TOT13/FeeNotification/KotaBypass/E -234744] SUMAN PRASAD SINGH , Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New D elhi-110064 and Published by the Controller of Publications, Delhi -110054.

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