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Core Purpose

Notification under Section 8A of the National Highways Act, 1956 authorizing collection of toll fees by a concessionaire for the Lakhnadon-Khawasa section of NH-44 in Madhya Pradesh under an InvIT Toll-Operate-Transfer agreement.

Detailed Summary

Issued by the Ministry of Road Transport and Highways as S.O. 1537(E) dated 22nd March 2024, this notification authorizes the National Highways Authority of India's concessionaire, NHIT Eastern Projects Private Limited (NEPPL), to levy and collect toll fees on the Lakhnadon-Khawasa section (Km 546.420 to Km 653.770, total length 107.350 km) of National Highway No. 44 (old NH-7) in Madhya Pradesh, pursuant to a Tolling, Operation, Maintenance and Transfer (InvIT/ToT) agreement dated 7th March 2024 entered into under Section 14 of the National Highways Authority of India Act, 1988 (68 of 1988). The notification is issued 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 (G.S.R. 838(E) dated 5.12.2008) and its numerous subsequent amendment rules through 2020, superseding prior fee authorization S.O. No. 4765(E) dated 16th November 2021, and follows the original entrustment of the highway stretch to the National Highways Authority of India under S.O. No. 465(E) dated 26th April 2002. It prescribes base toll rates by vehicle category (from Rs. 0.65 per km for cars to Rs. 4.20 per km for oversized vehicles), fees for two toll plazas at Km 549.200 (near Madai, Seoni District) and Km 651.750 (near Khawasa, Seoni District), additional charges for the Seoni Bypass (13.300 km) and for bridge/underpass structures exceeding 60m converted to equivalent road length, monthly pass rates (Rs. 330 for local residents), multi-journey pass rates, a 50% concession for local commercial vehicles absent alternative roads, and overload penalty multipliers ranging from 2x to 10x the base rate. The notification is issued under File No. NHAI/Finance/Invit/23-24/FeeNotification/Lakhnadon-Khawasasection/B-3(modified)/E-235877, signed by Suman Prasad Singh, Joint Secretary.

Full Text

2219 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1468] NEW DELHI FRIDAY , MARCH 22, 2024 /CHAITRA 02, 194 6 CG-DL-E-23032024-253354 (1) (2) 100% 100% 150% कुल (दकमी) 13.300 का 100 % From To पर) 0.296 10 648.965 649.035 बड़ा पुल 0.070 (1) (2) (3) >40% to 60% छह >60% to 80% आि MINISTRY OF ROAD TR ANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 22th March , 2024 S.O. 1537E).— Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number S.O. No. 465 (E) dated 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 400.544 to Km 651.500 and 651.500 to Km 729.050 of Lakhnadon – Seoni – Madhya Pradesh / Maharashtra Border - Nagpur Section of National Hi ghway No. 7 in the State of Madhya Pradesh 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) r ead 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. 4765 (E) dated 16th November 2021 for the Lakhnadon – Mohgaon – Khawasa – Madhya Pradesh / Maharashtra Border section from design km 546.420 to km 653.770 of National Highway Number -7 (new NH-44) 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 19 88), 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 (herein after referred to as the “Concessionaire”), on 07.03.2024 for the Tolling, Operation, Maintenance and Transfer (InvIT) of Lakhnadon - Khawasa section from km 546.420 to km 653.770 (Total Project length 107.350 km) of National Highway No. 44 (old NH -7), in the state of Madhya Pradesh (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 Natio nal 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 (Determinat ion 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) Am endment 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) 21.11.2 014], 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 (Determinati on 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) Amendme nt 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 Highwa ys 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 date of agreement a nd in supersession of the Notification Number S.O. No. 4765 (E) dated 16.11.2021 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, manag ement 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 notifies that there shall be levied and collected fees on mechanical vehicles at the rate specified in column (2) of the Table 1 for total road length of 107.350 km [including 90.451 km road, 13.300 km bypass, and 3.599 km of 4 lane structures (having length more than 60m) wit h equivalent length of 35.99 km] for use of four and more lane sections (hereinafter referred to as “base rate”) 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 an d 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 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: S. No. Location of Toll Plaza (chainage) Length (in km) for which fee is payable Rate at Which fee is payable 1 At km 549.200 of NH -7 (New NH - 44) near village Madai in Seoni District of Madhya Pradesh 50.296 km (excluding 13.30 km length of bypass as indicated in Para 2 and 0.384 km of 4 – Lane structures indicated in Para 3 below) 100% of the base rates mentioned in Table -1 above 2 At km 651. 750 of NH -7 (New NH - 44) near village Khawasa in Seoni District of Madhya Pradesh 40.155 km (excluding 3.215 km of 4 – Lane structures indicated in Para 3 below) 100% of the base rates mentioned in Table -1 above 2. In addition to the above, the fol lowing fee shall also be due and payable for the use of the following bypass costing more than Rs. 10 crores at the following toll plaza: - 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 Design Km 549.200 of NH-7 (New NH -44) near Village Madai in Seoni District of Madhya Pradesh Seoni Bypass 597.100 610.400 13.300 150% of the base rates mentioned in Table -1 above Total (km) 13.300 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 a n equivalent length of highway by multiplying the length of such structures b y an equalization factor of 10: 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 Design Km 549.200 of NH -7 (New NH -44) near Village Madai in Seoni District of Madhya Pradesh 0.384* 3.840 100% of the base rates mentioned in Table -1 above At Design km 651.750 of NH 7 (New NH -44) near village Khawasa in Se oni District of Madhya Pradesh 3.215** 32.150 100% 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 Structure Total Length (km) From To 1 554.9 02 554.990 Major Bridge (on Ganeshganj Bypass) 0.088 2 570.732 571.028 Major Bridge (on Chhapara Bypass) 0.296 Total length 0.384 **The details of 4 lane structures (> 60 m length) are as under: Sl. No. Location of Structure (at KM) Type of Structure Total Length (km) From To 1 626.665 627.165 Animal Underpass 0.500 2 630.027 631.427 Animal Underpass 1.400 3 632.015 632.085 Animal Underpass 0.070 4 632.311 632.401 Animal Underpass 0.090 5 632.581 632.671 Animal Underpass 0.090 6 634.600 634.675 Animal Underpass 0.075 7 636.015 636.135 Animal Underpass 0.120 8 643.476 643.976 Animal Underpass 0.500 9 652.350 652.650 Animal Underpass 0.300 10 648.965 649.035 Major Bridge 0.070 Total length 3.215 4. The rate of monthly pass for a pers on 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 p er 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 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 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 shall be liable to pay fee, for entering the overloaded vehicle on the national highway, to the user fee collecting agency, equal to fees as follows. Perc entage 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 definitions sp ecified 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 actual amo unt 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 provision of Concession Agreement and got published, provided that no revision shall be effected within a period of 6 (s ix) months from the date of the preceding revision of Fee. [F. No NHAI/Finance/Invit/23 -24/FeeNotification/Lakhnadon -Khawasasection/B -3(modified)/E -235877 ] 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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