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Notification under section 7 of the National Highways Act, 1956, superseding notification S.O. 50(E) dated 6th January 2015, levying and authorising NHAI to collect a user fee on the Kandla-Mundra Port Section (Km 0.000 to Km 71.400) of NH-41 in Gujarat.

Detailed Summary

By S.O. 3272(E) dated 21st July 2023, the Ministry of Road Transport and Highways, in exercise of powers 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 in supersession of notification S.O. 50(E) dated 6th January 2015, levies and authorises the National Highways Authority of India (NHAI, entrusted the Kandla-Mundra Port Section, Km 0.000 to Km 71.400, of NH-41 in Gujarat under earlier notification S.O. 1035(E) dated 7th May 2010 issued under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988)) to collect a user fee at a toll plaza at Design Km 44.500 (existing Chainage Km 46.500) near Mokha village, Kutch district, for a net road length of 61.881 km, based on 2007-08 base rates ranging from Rs. 0.65/km for cars to Rs. 4.20/km for oversized (7+ axle) vehicles; an additional 150%-of-base-rate fee applies for the 8.730 km Anjar Bypass (costing Rs. 84.09 crore), and a 100%-of-base-rate fee applies for 7.889 km of equivalent road length converted from 0.7889 km of bridge/ROB structures exceeding 60 m; the notification also fixes a Rs. 330 non-commercial monthly pass for residents within 20 km, multi-journey pass rates, a 50% commercial-vehicle discount where no service road exists, overload penalties under rule 10(1A), and states the total estimated capital cost of the project as Rs. 1113.53 crore, with the fee to reduce to 40% of rates after capital cost recovery; signed by Suman Prasad Sinh, Joint Secretary, under file F. No. NHAI/CO/FeeNotifiation/Kandla-MundraNH-8A/E-216633.

Full Text

4715 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3139] NEW DEL HI, FRIDAY, JULY 21, 2023/ ASHADHA 30, 1945 CG-DL-E-22072023-247542 (1) (2) 100% 100% 6 65+421 बड़े पुल 0.1486 4 7 9+950 आरओबी 0.071 क ु ल 0.7889 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATI ON New Delhi, the 21st July, 2023 S.O. 3272(E).—Whereas by notification of the Government of India in the Ministry of Road Transport and Highway s number S.O. 1035 (E), dated 7th May, 2010 issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1 988), Central Government has entrusted the stretch from km 0.000 to km 71.400 (Kandla - Mundra Port Section) of National Highway No. 41 in the State of Gujarat to the National Highways Authority of India (hereinafter referred to as the "Authority"); Now, th erefore, in exercise of the powers conferred by 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 (hereinafter referred to as the “rules”) and in s upersession of the notification number S.O. 50 (E) dated 6thJanuary, 2015 , the Central Government hereby levies the fee on mechanical vehicles at the rate specified in column (2) of the Table 1 for net road section length of 61.881 km and for equi valent s tructure length (having length more than 60m) of 7.889 km (having length of 0. 7889 km) and at one and one half times the base rate for bypass having length of 8.730 km costing rupees ten crore or more on the type of vehicles specified in column (1) of the Table 1 below for the use of four and more lane of Kandla to Mundra Section from Km 0.000 to Km 71.400 of National Highway 41 in the State of Gujarat and authorises the Authority to collect, either through its officials or through a contractor, th e said f ee, namely: - 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) 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 and hereunder shall be due and payable at the following Fee Plaza for net road length specified for such Fee Plaza(s): Table -2 Location of Toll Plaza (Chainage) Length (in Km) for which Fee is payable Rate at which fee is payable At Design km 44.500 (existing Chainage km 4 6.500) of NH -41 near Mokha village in Kutch district of Gujarat. 61.881 [Excluding length of Bypass (costing >10 Cr.) and length of structures (>60m)] 100% for four and more lane, of the base rate mentioned in Table -1 above 2. In addition to above, the fo llowing 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 s pecified for such Fee Plaza(s): Table -3 Location of Toll Plaza (chainage) Name of the Bypass Taking off Merging at Length and Cost of bypass for which additional fee is payable Rate at which fee is payable Length (in Km.) Cost (in Rs. Crore) At Design km 44.500 (existing Chainage km 46.500) of NH -41 near Mokha village in Kutch district of Guj arat. Anjar Bypass of NH -41 Design Km. 11.270 Design Km. 20.000 8.730 84.09 150% for four and more lane, of the base rates mentioned in Table -1 above 3. In additional to above, the following fee shall also be due and payable for the use of the following structu res 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 factor of 10: - Table -4 Location of Toll Plaza (Cha inage) Length of structures (in Km) to be converted into equivalent road length Equivalent road length (in Km) Rate at which fee is payable At Design km 44.500 (existing Chainage km 46.500) of NH -41 near Mokha village in Kutch district of Gujarat. 0.7889 ^ 7.889 100% for four and more lane, of the base rate mentioned in Table -1 above ^ The Details are as under: Sl. No Chainage Type of Structure Length (in km) 1 27+497 Major Bridge 0.088 2 35+039 Major Bridge 0.08335 3 42+717 Major Bridge 0.100 4 54+69 7 Major Bridge 0.168 5 58+795 Major Bridge 0.1299 6 65+421 Major Bridge 0.14864 7 9+950 ROB 0.071 Total 0.7889 4. The rate of monthly pass for a person who owns a mechanical vehicle registered for non-commercial purpose and resides within a distance o f twenty kilometers from the toll 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 Rate and Collection) Rules, 2008. 5. For multiple journeys 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 one -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 Toll Plaza falls shall be 50%of the specified 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 mechanical vehicle which is lo aded 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 said rules. 9. The fee rates shall be displayed for information of the users in accordance with rule 12 of the said rules. 10. 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 Authority on the basis of the completed length of the section and revised annually in accordance with th e rule 5 of the said rules and the same shall be published in at least one newspaper in English and vernacular language. 11. The total estimated capital cost is 1113.53 Crores (The capital cost is subject to variation as the activities of utility shifting and final bill are yet to be completed and the final capital cost will be notified separately). The Authority shall maintain a record of the recovery of capital cost through user fee realized and after recovery of the capital cost; the fee leviable shall b e reduced to 40% of the rates and shall be revised annually in accordance with the said rules. [F. No . NHAI/CO/FeeNotifiation/Kandla -MundraNH -8A/E-216633 ] SUMAN PRASA D SINH , 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, D elhi-110054.

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