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Core Purpose

Notification under section 8A of the National Highways Act, 1956 authorizing a concessionaire to levy and collect user fees on the Chichra-Kharagpur section of NH-49 (old NH-6) in West Bengal under a Tolling, Operation, Maintenance and Transfer (InvIT) agreement.

Detailed Summary

The Ministry of Road Transport and Highways, via S.O. 1503(E) dated 20 March 2024, recites that the Calcutta-Kharagpur (Km 0.00 to 136.00) and Kharagpur-Jharkhand/West Bengal border (Km 136.00 to 183.200) sections of National Highway No. 6 in West Bengal were entrusted to the National Highways Authority of India (NHAI) under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988) via S.O. No. 78(E) dated 04.02.1999 and S.O. No. 1054 dated 11.05.2012; that fee-levying authorization for the four-laned Kharagpur to Chichira section (design Km 71.650 to 16.130, existing Km 129.600 to 185.150) was granted via S.O. No. 2286(E) dated 08.07.2020 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; and that NHAI, under section 14 of the NHAI Act, 1988, entered an agreement dated 7 March 2024 with NHIT Eastern Projects Private Limited (NEPPL), registered office G-5 & 6, Sector-10, Dwarka, South West Delhi, for Tolling, Operation, Maintenance and Transfer (InvIT) of the Chichra-Kharagpur section (design Km 16.130 to 72.250, length 56.120 km) of NH-49 (old NH-6). Now, in exercise of 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 [GSR 838(E) dated 05.12.2008] and its subsequent amendment rules from 2010 through 2020, and in supersession of S.O. No. 2286(E) dated 08.07.2020, the Central Government notifies fees for a net road section length of 55.295 km (plus 2.704 km equivalent structure length) at 100% of base rates and 0.554 km (plus 5.54 km equivalent structure length) at 60% of base rates, per Table 1 base rates by vehicle category (from Rs. 0.65/km for cars to Rs. 4.20/km for oversized vehicles, base year 2007-08), collectible at the Balibhasha Toll Plaza (Km 43.350) from the Appointed Date or publication, whichever is later. Monthly passes for local residents within twenty kilometers cost Rs. 330.00 for 2023-24; multi-journey pass rates and overload penalty multipliers (two to ten times base rate depending on excess load percentage) are also specified. The notification is issued under file number NHAI/Finance/Invit/23-24/FeeNotification/Chichra-Khargapur/E-235881 and signed by Suman Prasad Singh, Joint Secretary.

Full Text

2163 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1434] NEW DELHI, THURS DAY , MARCH 21, 2024 /CHAITRA 1, 1946 CG-DL-E-21032024-253281 (1) (2) क ु ल 0.554 (1) (2) (3) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 20th March , 2024 S.O. 1503(E).—Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number SO No. 78 ( E) 04.02.1999 & S.O. No. 1054 dated 11. 05.2012, issued under section 11 of the National Highways Authority of India Act, 1988 ( 68 of 1988), the Central Government has entrusted the stretch from Calcutta to Kharagpur section from km 0.00 to km 136.00 and Kharagpur to Jharkhand / West Bengal Border section from km 136.00 to km 183.200 of National Highway Number – 6 in the State of W est Bengal to the National Highways Authority of India (hereinafter referred to as the “Authority”); And whereas, in exercise of the powers conferred by Section 7 of the National Highway Act, 1956 (48 of 1956) read with Rule (3) of the National Highway Fee (Determination of Rates and Collection) Rules 2008, the Central Government by notification of the Government of India authorized Authority for levying and collecting fee on mechanical vehicles for the use of stretches as follows: Vide S.O. No. 2286 (E) da ted 08.07.2020 for the four laning of Kharagpur to Chichira section from design km 71.650 to km 16.130 (existing from km 129.600 to km 185.150) of National Highway No. 6 in the state of West Bengal And whereas, pursuant to the provision of Section 14 of t he National Highways Authority of India Act, 1988 (68 of 1988), the Authority has entered into an Agreement (hereinafter referred to as said agreement) with NHIT Eastern Projects Private Limited (NEPPL), having its registered office at G -5 & 6, Sector -10, Dwarka, Delhi, South West Delhi, Delhi, India, 110075 (hereinafter referred to as the “Concessionaire”), on 07.03.2024 the Tolling, Operation, Maintenance and Transfer (InvIT) of Chichra – Kharagpur section from km Design km 16.130 to km 72.250 (length 56. 120 km), of NH -49 (old NH -6) in the state of West Bengal (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 Rul e 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 Highways Fee (Determination of Rates and Collection) Second Amendment Rules, 2011 [GSR 756 (E) 12.10.2011], National Highways Fee (Determination of Rates an d Collection) Amendment Rules, 2013 [GSR 778(E) 16.12.2013], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [GSR 26(E) 16.01.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [GS R 831(E) 21.11.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [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 Highways 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, 201 8 [GSR 920(E) 25.09.2018], The National Highways Fee (Determination of Rates and Collection) Amendment 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) 24.08.2020], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 804(E) 30.12.2020], and any other amendments till dat e of agreement and in supersession of the Notification Number S.O. No. 2286 (E) dated 08.07.2020 except as respect things done or omitted to be done before such supersession, the Central Government, having regard to the expenditure involved in building, ma intenance, 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 notif ies that there shall be levied and collected fees on mechanical vehicles at the rate specified in column (2) of the Table 1 for net road section length of 55.295 km and for equivalent structures length (having length more than 60m) of 2.704 Km (having le ngth of 0.2704 Km) for use of four or more lane and at 60% of the base rate specified in column (2) of the Table 1 for the net road section length of 0.554 Km and for equivalent structures length (having length more than 60m) of 5.54 Km (having length of 0.554 Km) for use of two lane with paved shoulders on the type of vehicles specified in column (1) of the Table 1 below and authorises the said Concessionaire to collect and retain the fee on and from the Appointed Date or publication of this Notification 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 section 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 Constr uction 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 following Fee Pl azas for the distance specified for such Fee Plazas: - Location of Toll Plaza (chainage) Length (in km) for which fee is payable Rate at which Fee is payable At km 43.350, Balibhasha Toll Plaza 55.295 km [excluding the 0.270 km length of 4 lane structures and 0.554 km length of 2 L structure as indicated in para 2 (length > 60m) 100% of the base rates mentioned in Table -1 above 0.554 km 60% 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 equivalent length of highway by multiplying the length of such structures by an equalization fa ctor of 10: - Location of Toll Plaza (chainage) Length of structures (in km) to be converted in to equivalent road length) Equivalent road length (in km) Rate at which name of fee is payable At km 43.350, Balibhasha Toll Plaza 0.2704^ 2.704 100% of the b ase rates mentioned in Table -1 above 0.554^^ 5.54 60% of the base rates mentioned in Table -1 above ^The details of structures (> 60 m length) are as under: Sl. No. Location of structure Design KM Type of structure Total Length (km) 1 At km 20.644 Major Bridge (Four lane) 0.189 2 At km 71.565 Flyover (Four lane) 0.0814 Total 0.2704 ^^The details of structures (> 60 m length) are as under: Sl. No. Location of structure Design KM Type of structure Total Length (km) 1 At km 58.076 ROB (Two Lane ) 0.480 2 At km 64.067 ROB (Two lane) 0.074 Total 0.554 3. 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 kilometers from the fee plaza is R s. 330.00 (Rupees Three Hundred Thirty only) for the year 2023 -24 and is subject to revision every year as per the provisions of the National Highways Fee (Determination of Rates and Collection) Rules, 2008. 4. 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 am ount of the fee payable for fifty single journeys Fifty One month from date of payment 5. Fee for commercial vehicle (excluding vehicles plying under national permit) registered in the district where the fee plaza falls shall be 50% of the pre scribed rate for that category of vehicle provided no service road or alternative road is available for use of such commercial vehicles. 6. The driver or owner or person in charge of a mechanical vehicle shall be libale to pay fee, for entering the overloaded vehicle on the national highway, to the user fee collecting agency, equal to fees as follows: - Percentage of excess load over Maximum Permissible Gross Vehicular Weight Multiplying Factor to the base rate Fees (1) (2) (3) 0% to 20% Two [(Fees applicable for such category of mechanical vehicle under sub -rule (2) of rule 4) x (Multiplying factor)] >20% to 40% Four >40% to 60% Six >60% to 80% Eight >80% and Above Ten 7. All definitions including category of mechanical vehicl es, its permissible load, category of exempted vehicles, service road, alternative road etc. shall be as per definitions specified in the Rules. 8. The Fee rates shall be displayed for information of the users in accordance with rules 12 of the sai d Rules. 9. Based on the Base Rate of Fee per km for the base year 2007 -08 as mentioned in Table -1, 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 portion of the length of the Project 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 th e said rules provided that no revision shall be affected within a period of 6 (six) months from the date of the preceding revision of Fee. [F. No. NHAI/Finance/Invit/23 -24/FeeNotification/Chichra -Khargapur/E -235881] SUMAN PRASAD SINGH, Jt. Secy . Upload ed 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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