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Core Purpose

Notification levying and authorizing collection of user fee, at differentiated rates during and after construction, on the Samakhiyali-Santalpur section (km 339+200 to km 430+100) of NH-27 in Gujarat, developed on DBFOT/BOT (Toll) basis by concessionaire M/s Samakhiyali Tollway Private Limited, under Section 8A of the National Highways Act, 1956.

Detailed Summary

Notification S.O. 5366(E) dated 18th December 2023 issued by the Ministry of Road Transport and Highways, under 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 (and superseding notification S.O. 700(E) dated 26th March 2010), levies and authorizes M/s Samakhiyali Tollway Private Limited (registered office at Hiranandani Knowledge Park, Powai, Mumbai, Maharashtra) to collect and retain user fee for the Radhanpur-Samakhyali section (Km 140.00 to Km 281.300) of NH-15 (New NH-27) in Gujarat, a stretch entrusted to the National Highways Authority of India under S.O. 465(E) dated 26th April 2002 issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988). The Concessionaire, selected via bids submitted 30/01/2023 and an agreement dated 12/05/2023 under Section 14 of the NHAI Act, is developing the six-laning with paved shoulder of the Samakhiyali-Santalpur section (Km 339+200 to Km 430+100) on Design, Build, Finance, Operate and Transfer (DBFOT) basis. Fees are set at 75% of the 2007-08 base rate (Table 1, ranging Rs 0.65 to Rs 4.20 per km by vehicle type) for a net road length of 90.248 km and equivalent structure length of 1.5184 km during construction, and at 100% of the base rate for 90.683 km and 2.1684 km equivalent structure length after completion, collected at the Fee Plaza at Km/Ch 394+200 near Makhel, Kutch district, Gujarat. Additional provisions cover a monthly local-resident pass of Rs 330 for 2023-24, multiple-journey passes, a 50% discounted rate for locally registered commercial vehicles absent an alternative road, and structure length conversion via an equalisation factor of 10 for bridges/flyovers exceeding 60m at the Makhel plaza.

Full Text

7788 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5137] NEW DELHI, MONDAY , DECEMBER 18, 2023/ AGRAHAYANA 27, 1945 CG-DL-E-19122023-250749 (1) (2) 0.9 (i) 348.019 348.081 बडा पुल @348.050 61.24 (ii) 373.655 373.745 बडा पुल @373.700 90.60 का 100%, 61.24 मीटर 0.61 90.60 मीटर 0.90 (i) 339.467 339.532 फ्लाईओवर @ 339.500 65.00 (ii) 348.019 348.081 बड़ा पुल @348.050 61.24 (iii) 373.655 373.745 बड़ा पुल @373.700 90.60 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATI ON New Delhi, the 1 8th December , 2023 S.O. 5 366(E).— Whereas by notification of the Government of India in the Ministry of Road Transport and Highways, number S.O. 465(E) dated 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 from Km. 140.00 to Km. 281.300 of Radhanpur to Samakhyali Section of NH -15 (New NH -27) in the State of GUJRAT 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 agreement on 12/05/2023 (here in after referred to as "said agreement") with M/s. Samakhiyali Tollway Private Limited having its registered office 11th floor, 1101, Hiranandani Know ledge Park, Technology Street, Hill Side Avenue, Opp. Hiranandani Hospital, Powai, Mumbai, Maharashtra -400076) (hereinafter referred to as the "Concessionaire"), the successful bidder for bids submitted on 30/01/2023 for the development of Upgradation to 6 Lane with paved Shoulder of NH -27 from Samakhiyali to Santalpur section from km. 339+200 to km. 430+100 in the State of Gujarat on BOT (Toll) Mode (hereinafter referred to as the "said section") to Six Laning with Paved Shoulder) on Design, Build, Finance , Operate and Transfer (DBFOT) basis; 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 and i ts subsequent amendments up to the bid due date and in the supersession of the notification bearing S.O. 700(E) dated 26th March 2010, the Central Government, having regard to the expenditure involved in building, maintenance, management and operation of t he said section of said National Highway, interest on the capital invested, reasonable return, the volume of traffic and the period of the agreement entered into between the Authority and the Concessionaire, hereby notifies that there shall be levied and c ollected fees at 75 % of the base rate specified in column (2) of the Table I for net road section length of 90.248 km and for equivalent structure (with length more than 60 m) length of 1.5184 Km (having length of 0.15184 Km) during construction period an d at the base rate specified in column (2) of the Table I for net road section length of 90.683 km and for equivalent structure (with length more than 60 m) length of 2.1684 Km (having length of 0.21684 Km) after completion of six laning for use of four o r more lane sections on the type of vehicles specified in column (1) of the Table I below and authorises the said Concessionaire to collect and retain the fee on and from the date of Commercial Operation (COD) from the Authority or publication of this Noti fication in the Official Gazette, whichever is later, till the termination date as specified in the agreement. This fee notification shall be effective from the Appointed Date of the aforesaid agreement: 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 Construction Machinery (HCM) o r 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, at the base rate mentioned in Table 1 above, for the distance specified for such Fee Plaza(s), namely: - Table 2 Location of Fee Plaza (chainage) Length (in km) for which Fee is payable (During Construction Period) Rate at which fee is payable Length (in km) for which Fee is payable (After Construction of Six Laning) Rate at which fee is payable At Km/Ch 394+200 of NH - 27 near Makhel in Kutch district of Gujarat State 90.248 Km (Excluding length of structures (>60m)) 75% for four or more lanes, of the base rates mentio ned in Table -1 above, without any amount increase 90.683 Km (Excluding length of structures (>60m)) 100% for four or more lanes, 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 following structures having length more than 60 m at the following Fee plaza(s), by converting the length of structures into an equipment length of highway by multiplying the length of such structures by an equalisation factor of 10, at the bas e rate mentioned in Table 1 above: - Table 3 Location of Fee Plaza (Chainage) Length^ of structures (in km) to be converted into equivalent road length (During Construction Period) Equivalent road length (in km) Rate at which fee is payable) At Km/C h 394+200 of NH-27 near Makhel in Kutch district of Gujarat State 61.24 Meter 0.61 75% for four or more lanes, of the base rates mentioned in Table -1 above, without any amount increase 90.60 Meter 0.9 ^The details of structures (> 6 0 m length) are as under: - S.NO. Start Chainage (at km) End Chainage (at km) Type and Name of the Structure Total length (mtr.) (i) 348.019 348.081 Major Bridge @348.050 61.24 (ii) 373.655 373.745 Major Bridge @373.700 90.60 Total length of struc ture 151.84 Table 4 Location of Fee Plaza (Chainage) Length^ of structures (in km) to be converted into equivalent road length (After Construction of Six Laning) Equivalent road length (in km) Rate at which fee is payable) At Km/Ch 394+200 of NH-27 near Makhel in Kutch district of Gujarat State 65.0 Meter 0.65 100% for four or more lanes, of the base rates mentioned in Table -1 above 61.24 Meter 0.61 90.60 Meter 0.90 ^The details of structures (> 60 m len gth) are as under: - S.NO. Start Chainage (at km) End Chainage (at km) Type and Name of the Structure Total length (mtr.) (i) 339.467 339.532 Flyover @ 339.500 65.00 (ii) 348.019 348.081 Major Bridge @348.050 61.24 (iii) 373.655 373.745 Major Bridge @37 3.700 90.60 Total length of structure 216.84 3. No user fee shall be levied for the delayed period between the scheduled date of completion (730 days from the Appointed Date) and the date of actual completion of the project, if it is delayed. For t he purposes of this rule, any provisional completion of the project shall not be treated as completion of the project. 4. The rate of monthly pass for a person who owns a mechanical vehicle registered for non -commercial purposes and resides within a distan ce of twenty kilometres from the fee plaza is Rs. 330/ - (Three Hundred Thirty Rupees) for the year 2023 -24 and is subject to revision every year as per the provisions of the said rules. 5. For multiple journey on the highway section, passes shall be issued at the following rates, namely: - Table 5 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 pay able for fifty single journeys or more Fifty or more 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 specified rate fo r that category of vehicle provided no service road or alternative road is available for use of such commercial vehicles. 7. A mechanical vehicle which is loaded in excess of permissible load specified for its category under the rules, shall not be permitt ed to use the National Highway for crossing the fee plaza until the excess load has been removed from such mechanical vehicle. The driver or owner or a person in -charge of a mechanical 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 as per the applicable provision in the said rules. 8. The fee rates shall be displayed for information of the users in accordance with rule 12 of the said rules. 9. Based on the base rate of fee per kilometer 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 Authori ty. The same shall be got published by the Authority in at least one newspaper in English and vernacular language through the Concessionaire and thereafter revised annually in accordance with the rule 5 of the said rules and provisions of the Concession Ag reement and will be published; provided, however, that such revision shall not be effected until a period of 6 (six) months from the date of preceding revision of fee. [F. No. NHAI/PIU /Palanpur/Gazette NotificationforMakhelToll/Upgradation/BOT/2023 -24/E -230543] SUMAN PRASAD SINGH , Jt. Secy . 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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