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Notification under section 7 of the National Highways Act, 1956 levying user fees for the Itarsi to Betul section of National Highway No. 46 (old NH-69) in Madhya Pradesh, in supersession of a prior fee notification.

Detailed Summary

The Ministry of Road Transport and Highways issued S.O. 2754(E) dated 22nd June 2023, reciting that under notification S.O. 910(E) dated 21st April 2010 (issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988)), the Central Government had entrusted the Obaidullaganj-Betul-Multai-Madhya Pradesh/Maharashtra Border section (Km 0.600 to Km 256.400) of National Highway No. 69 to the National Highways Authority of India, and that under S.O. No. 3522(E) dated 26th November 2013 (issued under Section 8A of the National Highways Act, 1956, read with Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008), the Concessionaire M/s Transstory Obedullaganj Betul Tollways Pvt. Limited, Hyderabad, had been authorised to develop and collect fees on the Obedullaganj-Betul section. Now, in exercise of powers under section 7 of the National Highways Act, 1956 (48 of 1956) read with rule 3 of the said 2008 Rules, and in supersession of S.O. 3522(E) upon termination of the Concessionaire's agreement, the Central Government levies user fees on mechanical vehicles for the four-and-more-lane Itarsi to Betul section (Design Km 61.500 to Km 135.455, old NH-69/new NH-46) in Madhya Pradesh, authorising the National Highways Authority of India to collect the fee. The fee plaza is located at Design Km 100.280 near Kundi Village, Betul district, covering a net road length of 44.565 km, equivalent structure length of 2.300 km (two Major Bridges at chainages 92.825-92.905 and 104.167-104.317), and two bypasses costing over Rs 10 crore each (Sahapura Bypass, 3.850 km, Rs 48.49 crore; Padar Bypass, 4.400 km, Rs 38.09 crore), both charged at 150% of the base rate. Base-year (2007-08) fee rates per vehicle category are tabulated, ranging from Rs 0.65/km for cars to Rs 4.20/km for oversized vehicles. A monthly pass for local residents within 20 km costs Rs 330 for 2023-24, with additional provisions for return-journey and 50-trip passes, a 50% concessional rate for locally registered commercial vehicles absent a service road, and overload penalty fees. The estimated capital cost of the project is Rs 950.27 crore, subject to variation. The notification is issued under File No. NHAI/13013/CO/22-23/FeeNotification/Itarsi-Betul Section/E-220714 and signed by Suman Prasad Singh, Joint Secretary.

Full Text

3983 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. 2634] NEW DE LHI, THURSDAY, JUNE 22, 2023/ASHADHA 1, 194 5 CG-DL-E-23062023-246766 (1) (2) दकमी 100.280 पर 44.565 1 92.825 92.905 बड़ा पुल 0.080 2 104.167 104.317 बड़ा पुल 0.150 108.100 3.850 150% 126.100 150% 100% MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 2 2nd June, 2023 S.O. 2754 (E).—Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number S.O. 910 (E) dated the 21st April 2010 issued under Section 11 of the National Highway Authority of India Act 1988 ( 68 to 1988) , the Central Government has entrusted Obaidullaganj to Betul to Multai to Madhya Pradesh/Maharashtra Border section from Km 0.600 to Km 256.400 of National Highway No 69 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 8A 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 Gov ernment by notification of the Government of India vide S.O. No. 3522(E) dated 26th November, 2013 authorized the Concessionaire M/s Transstory Obedullaganj Betul Tollways Pvt, Limited , having its registered office at 8-3-833/104, Main Road, Kamalapuri Co lony, Hyderabad - 500073, (hereinafter referred to as the “Concessionaire”) for development of Obedullaganj -Betul Section of NH -69 (New NH -46) from Km 2.800 to Km 8.300 and from Km 20.700 to Km 137.00 (Design km 2. 800 to km 8.300, and from Km 20.700 to km 135.455 ) and operation, maintenance and to collect and retain the fee on and from the date of commercial operation (COD) declared by the Authority and on getting the completion certificate or the provisional certificate, as the case may be, from the Autho rity or publication of this notification in the Official Gazette, whichever is later, till the termination date as specified in the agreement; Now, therefore, 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 suppression of the notification S.O. 3522(E) dated 26th November, 2013 upon the termination of agreement with Concessionaire , 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 44.565 km and for equivalent structure length (having length more than 60m) of 2.300 km (having length of 0.230 km) and at one and one half times the base rate for bypasses having length of 8.250 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 Itarsi to Betul section from design km 61.500 to km 135.455 (Existing km 63.000 to km 137.000) excluding section from km 61.500 to km 67.380, km 80.940 to km 88.640 and km 108.933 to km 116.263 of National Highway number 46 ( Old NH No 69) in the State of Madhya Pradesh and authorises the Authority to collect, either through its officials or through a contractor, the said fee, 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 M otor 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 hereunder shall be due and payable at the Fee Plaza for net road length specified for such Fee Plaza namely: - Table -2 Location of Fee Plaza (chainage) Length (in km) for which Fee is payable Rate at which fee is payable At Design Km 100.280 of NH -46 (Old NH -69) near Kundi Village of Betul district of Madhya Pradesh. 44.565 [Excluding length of Bypass (costing >10 Cr.) and length of structures (>60m)] 100% for four and more lane of the base rates mentioned in Table -1 above 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: - Table -3 Location of Fee 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 100.280 of NH -46 (Old NH -69) near Kundi Village of Betul district of Madhya Pradesh. Sahapura Bypass of NH - 46 Design km 102.482 (Existing Km 104. 000) Design km 106.482 (Existing km 108.100) 3.850 48.49 150% for four and more lane of the base rate s mentioned in Table - 1 above Padar Bypass of NH - 46 Design km 120.082 (Existing Km 122. 000) Design km 124.482 (Existing km 126.100) 4.400 38.09 150% for four and more lane of the base rates mentioned in Table - 1 above 3. In addition to above, the follow ing fee shall also be due and payable for the use of the following structures having length more than 60m at the following Fee Plaza(s), by converting the length of structures into an equivalent length of highway by multiplying the length of such structure s by an equalisation factor of 10: - Table -4 Location of Fee Plaza (chainage) 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 100.280 of NH -46 (Old NH -69) near Kundi Village of Betul district of Madhya Pradesh 0.230^ 2.300 100% for four and more lane of the base rates mentioned in Table -1 above ^The detail is as under: Chainage Type of Structure Length (in km) From Km To Km 1 92.825 92.905 Major Bridge 0.080 2 104.167 104.317 Major Bridge 0.150 Total 0.230 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 kilometres from the fee plaza is Rs 3 30.000 (Three Hundred and Thirty Only) for the year 2023 -24 and is subject to revision every year as per the provisions of the said rules. 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 mon th 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 specified rate for that category of vehicle provided no service road or alternati ve 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 liable to pay fee for entering the overloaded veh icle 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 veh icle. 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 informa tion 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 the rule 5 of the said rules and the same shall be published in at least one newspaper in English and vernacular language. 11. The estimated capital cost of the project is Rupees 950.27 crore. [The capital cost is subject to variation as the activities of land acquisition, utility shifting, tree cutting, etc. are yet to be completed and the final capital cos t will be notified separ ately]. The Authority shall maintain a record of the recovery of capital cost through user fee realised and after recovery of the capital cost, the fee leviable shall be reduced to 40% of the rates and shall be revised annually in accordance with the said rules. [F. No. NHAI/13013/CO/22 -23/FeeNotification/Itarsi -Betul Section/E -220714] 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 Contr oller of Publications, Delhi -110054.

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