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Core Purpose

Notification under section 8A of the National Highways Act, 1956 fixing user fee rates and authorizing collection of toll by the concessionaire for the ToT-mode Binjhabahal-Teleibani section (Km 414.982 to Km 493.300) of National Highway 49 in Odisha.

Detailed Summary

The Ministry of Road Transport and Highways, by notification S.O. 1502(E) dated 20th March 2024, exercising powers under section 8A of the National Highways Act, 1956 (48 of 1956) read with the National Highways Fee (Determination of Rates and Collection) Rules, 2008 and its subsequent amendments, notifies fee rates for the four-lane Binjhabahal-Teleibani section (Km 414.982 to Km 493.300, project length 78.318 km) of National Highway 49 in Odisha, and authorises the Concessionaire, M/s Malayagiri Highways Private Limited (New Delhi), to collect and retain the toll under an agreement dated 13.01.2024 entered into with the National Highways Authority of India (NHAI) under the Tolling, Operation, Maintenance and Transfer (ToT) mode pursuant to section 14 of the National Highways Authority of India Act, 1988. The notification supersedes Notification No. S.O. 1951(E) dated 24th May 2021. Base-year (2007-08) fee rates per km range from Rs 0.65 for cars/jeeps/vans to Rs 4.20 for oversized vehicles (seven or more axles), applied to a fee plaza located at Design Km 439.515 of New NH-49 near Bideibadkudar village, Deogarh District, Odisha, covering 71.157 km of net road length at 100% of base rate, an additional 5.274 km Deogarh Bypass at 150%, and 1.887 km of equivalent structure length (converted at a factor of 10 to 18.870 km) at 100%. A monthly non-commercial local-resident pass costs Rs 330 for 2023-24, with additional rules for multi-journey passes, 50% discounted commercial vehicle rates for local registration, and penalty multipliers of 2x to 10x the base fee for overloaded vehicles. Issued under File No. NHAI/Fin/TOT/2023-24/TOT14/FeeNotification/Binjhabahal-Teleibani/E-234627 and signed by Suman Prasad Singh, Joint Secretary.

Full Text

2162 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1433] NEW DELHI, THURSDAY , MARCH 21, 2024 /CHAITRA 1, 1946 CG-DL-E-22032024-253297 (1) (2) 439.515 पर 71.157 का 100 % पर 5.274 क ु ल 1.887 (1) (2) (3) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 20th March , 2024 S.O. 1502(E).—Whereas by notification of the Government of India in the Minist ry of Road Transport and Highways number S.O. 30(E), dated the 5th January, 2017, 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 199.2 to km 543.560 of NH -6 in the state of Jharkhand / Odisha 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 (hereinafter referred to as said agreement) with M/s Malayagiri Highways Private Limited, having its registered office at B -376, Upper Ground Floor, Ni rman Vihar, New Delhi – 110 092, (hereinafter referred to as the “Concessionaire”), on 13.01.2024 for the Tolling, Operation, Maintenance and Transfer (ToT mode) of four lane Binjhabahal -Teleibani Section from km 414.982 to km 493.300 (Project length 78.31 8 km) of National Highway number 49 in the state of Odisha (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 Highw ays 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 and 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 [GSR 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 Highwa ys 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, 2018 [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 bid due date and in supersession of the Notification Number S.O. No. 1951(E) dated 24th May, 2021 except as respect things done or omitted to be done before such supersession, the Central Government, having regard to the expenditure involved in building, m aintenance, 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 noti fies that there shall be levied and collected fees on mechanical vehicles at the rate specified in column (2) of the Table 1 for total length of 78.318 km [including 71.157 km net road length, 5.274 km net bypass length and 1.887 km structures (having le ngth more than 60m) with equivalent length of 18.870 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 Appo inted 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 ve hicle 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 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 to be levied and collected h ereunder shall be due and payable at the following Fee Plaza for the net road length specified for such Fee Plaza: Location of Toll Plaza Length (in km) for which Fee is Payable Rate at which Fee is payable At Design Km 439.515 of New NH -49 near Bideibadk udar village in Deogarh District of Odisha. 71.157 (Excluding 5.274 km length of bypass and 1.887 km length of structure) 100% for four more lane, 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 Length (in km) for which Fee is Payable Rate at which Fee is payable At Design Km 4 39.515 of New NH -49 near Bideibadkudar village in Deogarh District of Odisha. 5.274 (Excluding 0.196 km length of structure) 150% for four more lane, of the base rates as per Table -I below The details of Bypass (> 10 Cr) are as under: Location of fee pl aza From Chainage (km) To Chainage (km) Name of Bypass Total Length (km) At Design Km 439.515 of New NH-49 near Bideibadkudar village in Deogarh District of Odisha. 475.060 480.530 Deogarh Bypass 5.274 Total Length (km) 5.274 3. In addition t o 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 At Design Km 439.515 of New NH-49 near Bideibadkudar village in Deogarh District of Odisha. 1.887^ 18.870 100% for four more lane, 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 (km) 422.38 5 Flyover 0.196 423.074 Major Bridge 0.084 429.514 Major Bridge 0.082 443.923 Major Bridge 0.065 447.260 Major Bridge 0.656 448.270 Flyover om 0.196 463.665 Major Bridge 0.064 464.477 Major Bridge 0.080 479.897 Flyover 0.196 489.322 Major Bridge 0.072 492.435 Flyover 0.196 Total 1.887 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 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, pas ses 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 rat e 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 permissible load spec ified 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 th e highway section unless the excess load has been removed from such mechanical vehicle. 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 suc h category of >20% to 40% Four mechanical vehicle under sub -rule (2) of rule 4) x (Multiplying factor)] >40% to 60% Six >60% to 80% Eight >80% and above Ten 8. All definitions including category of mechanical vehicles, its permissible l oad, 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 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 the said rules and provisi on of Concession 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/TOT14/FeeNotification/Binjhabahal -Teleibani/E -234627 ] 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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