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Core Purpose

Notification authorizing NHIT Eastern Projects Private Limited to levy and collect user fees at the Kherwasaani Toll Plaza on the Rewa-Katni-Jabalpur section of NH-30 (old NH-7) in Madhya Pradesh under Section 8A of the National Highways Act, 1956.

Detailed Summary

The Ministry of Road Transport and Highways, vide S.O. 1536(E) dated 22nd March 2024 (F. No. NHAI/Finance/Invit/23-24/FeeNotification/Rewa-Katni-Jabalpur-Lakhnadonsection/KherwasaaniTollPlaza/E-235980), recorded that the Rewa-Katni and Katni-Jabalpur-Lakhnadon sections of NH-7 in Madhya Pradesh had earlier been entrusted to the National Highways Authority of India (NHAI) under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988) vide S.O. 910(E) dated 21.04.2010 and S.O. 2705(E) dated 02.11.2010, and that fee collection had earlier been authorised vide S.O. 2505(E) dated 12.07.2019; following an agreement dated 7th March 2024 between NHAI and NHIT Eastern Projects Private Limited (registered office at G-5 & 6, Sector-10, Dwarka, Delhi) under section 14 of the NHAI Act, 1988, for Tolling, Operation, Maintenance and Transfer (InvIT) of the Rewa-Katni-Jabalpur section (Km 725.185 to Km 813.257, 88.072 km) of NH-30 (old NH-7), the Central Government, in exercise of powers 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 its subsequent amendment rules through 2020, and in supersession of S.O. 2505(E) dated 12.07.2019, notified levy and collection of user fees by the Concessionaire at the Kherwasaani Toll Plaza (Km 739.000) for a net road section of 45.278 km, plus fees at 150% of base rates for the Ghuwara, Amdara, Pakariyaa, Patharhataa and Sabhaganj, Jhukethi, Tewari, Slimanabad and (post-construction) Katni bypasses, and additional fees for structures exceeding 60 metres; base per-kilometre fee rates for the 2007-08 base year are prescribed by vehicle category (ranging from Rs. 0.65 for cars/jeeps/vans/light motor vehicles to Rs. 4.20 for oversized vehicles with seven or more axles), with a monthly pass of Rs. 330 for local non-commercial vehicle owners residing within 20 km for 2023-24, discounted multi-journey passes, a 50% fee concession for locally registered commercial vehicles absent an alternative road, and an overload penalty schedule multiplying the base fee by factors of two to ten depending on the percentage of excess load; the notification was signed by Suman Prasad Singh, Joint Secretary.

Full Text

2218 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1467] NEW DELHI FRIDAY , MARCH 22, 2024 /CHAITRA 2, 194 6 CG-DL-E-23032024-253348 CG-DL-E-23032024-253348 CG-DL-E-23032024-253348 (1) (2) बाईपास 807.170 812.310 5.140 बाईपास 807.1 70 812.310 5.140 1 780.276 780.364 आरओबी 0.0876 2 785.579 785.671 बड़ा पुल 0.0917 (1) (2) (3) >60% to 80% आठ MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 22th March , 2024 S.O. 1536 E).—Whereas by notification of the Government of India i n the Ministry of Road Transport and Highways number S.O. No. 910 (E) dated 21.04.2010 & S.O. 2705 (E) dated 02.11.2010, issued under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government has entrusted the st retch from Km 243.600 to Km 377.600 of Rewa – Katni section of National Highway No. 7 and km 377.600 to km 544.000 of Katni -Jabalpur – Lakhnadon section of National Highway No. 7 in the State of Madhya Pradesh to the National Highways Authority of India (hereinafter r eferred 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. 2505 (E) dated 12.07.2019 for the Rewa – Katni - Jabalpur (excluding Katni Bypass) section from design km 311.585 to km 360.468 and from km 379.465 to km 399.657 (existing chainage km 311.000 to km 359.500 km and Km 378.500 to km 397.000) of National Highway Number -7 in the State of Madhya Pradesh . 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 agreeme nt) with NHIT Eastern Projects Private Limited, 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 for the Tolling, Operation, Maintenan ce and Transfer (InvIT) of Rewa - Katni - Jabalpur section from km 725.185 to km 813.257 (Total Project length 88.072 km) of National Highway No. 30 (old NH -7), in the state of Madhya Pradesh (hereinafter referred to as the said section) of th e National Hi ghway; 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 al ong 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 (Determi nation 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) 29.1 2.2014], 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 (Determin ation 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 9 42(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 Nationa l Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 804(E) 30.12.2020], and any other amendments till date of agreement and in supersession of the Notification Number S.O. No. 2505 (E) dated 12.07.2019 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 said National Highway, interest on the capital invested, reaso nable 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 mechanical vehicles at the rate specified in column (2) of the Table 1 for net road section length of 45.278 Km and at 150% of the base rate specified in column (2) of the Table 1 for bypasses having length of 23.797 km during construction of Katni Bypass and at the rate specified in column (2) of the Table 1 for net road section length of 45.278 and for equivalent structure length (having length more than 60 m) of 1.793 Km (having length of 0.1793 Km) and at 150% of the base rate specified in column (2) of the Table 1 for bypasses having length of 42.615 km after constru ction of Katni Bypass for use of four or more lane sections 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 Appointed Date or publication of this Noti fication 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 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 Plazas for the distance specified for such Fee Plazas: TABLE 2 S. No. Location of Toll Plaza (chainage) Length (in km) for which fee is payable Rate at Which fee is payable During Construction of Katni Bypass After Construction of Katni Bypass 1 At km 739.000 Kherwasaani Toll Plaza (from km 725.185 to km 813.257) 45.278 km 45.278 km 100% of the base rates mentioned in Table -1 above 2. In addition to the above, the following fee shall also be due and payable for the use of the following bypass costin g more than Rs. 10 crores at the following toll plaza, for the length of bypass specified for such toll plazas. TABLE 3.1 During Construction of Katni Bypass Location of Toll Plaza (chainage) Name of Bypass and Location Taking off Merging at Length of b ypass for which Fee is Payable (in km) Rate at which Name of fee is payable At km 739.000 Kherwasaani Toll Plaza Ghuwara Bypass 733.924 736.348 2.424 150% of the base rates mentioned in Table -1 above Amdara Bypass 740.776 743.407 2.631 Pakariyaa Bypass 751.592 753.450 1.858 Patharhataa & Sabhaganj Bypass 754.997 758.473 3.476 Jhukethi Bypass 761.390 766.278 4.888 Tewari Bypass 802.766 806.146 3.380 Slimanabad Bypass 807.170 812.310 5.140 Total (km) 23.797 TABLE 3.2 After Construction of Katni Bypass Location of Toll Plaza (chainage) Name of Bypass and Location Taking off Merging at Length of bypass for which Fee is Payable (in km) Rate at which Name of fee is payable At km 739.000 Kherwasaani Toll Plaza Ghuwara Bypass 733.924 736.348 2.424 150% of the base rates mentioned in Table -1 above Amdara Bypass 740.776 743.407 2.631 Pakariyaa Bypass 751.592 753.450 1.858 Patharhataa & Sabhaganj Bypass 754.997 758.473 3.476 Jhukethi Bypass 761.390 766.278 4.888 Katni Bypass 774.068 793.065 18.818 length excluding structure more than 60m Tewari Bypass 802.766 806.146 3.380 Slimanabad Bypass 807.170 812.310 5.140 Total (km) 42.615 3. 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 factor of 10: a. For 4 lane Structures: TABLE 4 (After Construction of Katni Bypass ) Location of Toll Plaza (Existing KM) Length of Structures (in km) to be converted into equivalent road length Equivalent road length ( in km) Rate at which fee is payable At km 739.000 Kherwasaani Toll Plaza 0.1793^ 1.793 100% of the base rates mentioned in Table -1 above ^The details of 4 lane structures (> 60 m length) are as under: Sl. No. Location of Structure (at KM) Type of Stru cture Total Length (km) From To 1 780.276 780.364 ROB 0.0876 2 785.579 785.671 Major Bridge 0.0917 Total length 0.1793 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 Collecti on) 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 half times of the fee for one way journ ey 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 provided no service road or alternative road is available for use of such commercial vehicles. 7. The driver or owner or person in charge of a mechanical vehicle which is loaded in excess of permissible load specified for its category under the rules shall be liable to pay fee, for entering the overloaded vehicle on the National Highway to the user fee collecting agency, equal to fee as follows. TABLE 6 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 8. All definitions, category of mechanical vehicles, its permissible load, category of exempted vehicles, service road, alternative road etc. shall be as per definitio ns 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, the actua l 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 leas t 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/Finance/Invit/23 -24/FeeNotification/Rewa -Katni -Jabalpur –Lakhnadonsection/KherwasaaniTollP laza/E -235980] 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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