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Notification under section 8A of the National Highways Act, 1956 specifying user fee rates for the ToT-mode Gwalior-Jhansi section of NH-44 operated by IRB Gwalior Tollway Private Limited.

Detailed Summary

Issued by the Ministry of Road Transport and Highways as S.O. 1501(E) dated 21st March 2024 (F. No. NHAI/Fin/TOT/2023-24/TOT13/FeeNotification/Gwalior-Jhansi/E-235850), the notification recalls that under earlier notification S.O. 465(E) dated 26th April 2002 the Central Government entrusted the NH-75 (now NH-44) Gwalior-Jhansi stretch (Km 0.000 to 103.000, revised Km 16.000 to 98.455) in Madhya Pradesh and Uttar Pradesh to the National Highways Authority of India, which under section 14 of the NHAI Act, 1988 entered an agreement dated 12.01.2024 with M/s IRB Gwalior Tollway Private Limited (Powai, Mumbai) for Tolling, Operation, Maintenance and Transfer (ToT mode) of the four-lane 82.455 km section following bids submitted on 29.11.2023; exercising powers under section 8A of the National Highways Act, 1956 read with 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 notification S.O. 583(E) dated 6th February 2020 (as amended by S.O. 1250(E) dated 15th March 2021), the Central Government authorises the Concessionaire to levy and collect fees at Dagrai Plaza (Design Km 82.338) for the base year 2007-08 base rates per km ranging from ₹0.65 (car/jeep/van/LMV) to ₹4.20 (oversized vehicles of seven-plus axles) across six vehicle categories, applicable to 62.039 km of the four-lane carriageway (excluding a 19.800 km bypass and 0.616 km of major structures), with an additional 150% rate for the bypass length (comprising the 9.800 km Tekenpur Bypass and 10.000 km Dabra Bypass) and an additional 100% rate for four structures exceeding 60 m in length (equalised at a factor of 10 to 6.160 km equivalent road length, including major bridges at Km 54.300, 86.076 and 96.180 and a flyover at Km 78.245); the notification also sets a 2023-24 monthly local-resident pass rate of ₹330, multi-journey pass rates, a 50% fee discount for locally registered commercial vehicles absent an alternative road, and overload penalty multipliers ranging from 2x (0-20% overload) to 10x (over 80% overload) of the base fee; the notification is signed by Suman Prasad Singh, Joint Secretary.

Full Text

2161 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1432] NEW DELHI, THURSDAY , MARCH 21, 2024 /CHAITRA 1, 1946 CG-DL-E-22032024-253299 (1) (2) (1) (2) (3) >40% to 60% छह >60% to 80% अि MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 21st March , 2024 S.O. 1501(E).—Whereas by notification of the Government of India in the Ministry of Road Transport an d 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 from km 0.000 to km 103.000 (revised section km 16.000 t o km 98.455) of NH -75 (New NH -44, Gwalior to Jhansi section) in the state of Madhya Pradesh and Uttar Pradesh 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 IRB Gwalior Tollway Private Limited, h aving 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 bids submitted on 29.11.2023 for the Tolling, Operation, Maintenanc e and Transfer (ToT mode) of four lane Gwalior - Jhansi Section from km 16.000 to km 98.455 (Project length 82.455 km) of National Highway number 44 in the state of Uttar Pradesh and Madhya Pradesh (hereinafter referred to as the said section) of the Nationa l 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] re ad 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 (De termination 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 Colle ction) 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 Highways Fee (Determination of Rates and Collection) Amendment Rules 2016 [GSR 585(E) 08.06.2016], National Highways Fee (De termination 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 Coll ection) 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. 583(E) dated 6th February, 2020 and Amendment S.O. No. 1250(E) dated 15th March, 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, maintenance, management and operation of the said Section of sa id 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 fees on mechanic al vehicles at the rate specified in column (2) of the Table 1 for total length of 82.455 km [including 62.039 km 4 lane road, 19.800 km 4 lane bypass and 0.616 km 4L structures (having length more than 60m) with equivalent length of 6.160 km] 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 t ermination 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 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 following Fee Plaza(s) for the distance specified for such Fee Plaza(s): S. No. Loca tion of Toll Plaza Length (in km) for which Fee is Payable Rate at which Fee is payable 1 Dagrai plaza at Design Km 82.338 62.039 (Excluding 19.800 km length of bypass and 0.616 km length of structure) 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 Length (in km) for wh ich Fee is Payable Rate at which Fee is payable Dagrai plaza at Design Km 82.338 19.800 150% of the base rates as per Table -I below The details of Bypass (> 10 Cr) are as under: Location of fee plaza From Chainage (km) To Chainage (km) Name of Bypass Total Length (km) Dagrai plaza at Design Km 82.338 24.900 34.700 Tekenpur Bypass 9.800 42.600 52.600 Dabra Bypass 10.000 Total Length (km) 19.800 3. In addition to above, the following fee shall also be due and payable for the use of the foll owing 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 Lengt h of structures (km) of Road Length to be converted into equivalent road length Total equivalent road length (km) Rate at which fee is payable Dagrai plaza at Design Km 82.338 0.616 6.160 100% of the base rates as per Table -I below The details of 4 lane structures (> 60 m length) are as under: Location of fee plaza Chainage (km) Type of Structure Length (km) Dagrai plaza at Design Km 82.338 54.300 Major Bridge 0.359 78.245 Flyover 0.085 86.076 Major Bridge 0.086 96.180 Major Bridge 0.086 Total 0.616 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 yea r 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 r ates, 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 provid ed 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 specified for its category, shall be lia ble 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. 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 und er 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 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 Project Highway. The same sha ll 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 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/TOT13/FeeNotification/Gwalior -Jhansi/E -235850 ] 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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