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Core Purpose

Notification under section 8A of the National Highways Act, 1956 read with the National Highways Fee (Determination of Rates and Collection) Rules, 2008 notifying the toll fee to be levied and collected by NHIT Eastern Projects Private Limited on the Orai-Barah section of NH-25 in Uttar Pradesh under a Toll-Operate-Transfer agreement, superseding Notification S.O. No. 465(E) dated 26.02.2013.

Detailed Summary

The Ministry of Road Transport and Highways issued Notification S.O. 1572(E) dated 27th March 2024, reciting that by Notifications S.O. 465(E) dated 26.04.2002 and S.O. No. 78 dated 04.02.1999, issued under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government had entrusted stretches of NH-25 (Km 80.00 to Km 281.00) and NH-2 (Km 93.00 to Km 479.00) in Uttar Pradesh to the National Highways Authority of India (NHAI), and that, 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, the Central Government had authorised NHAI, by Notification S.O. No. 465(E) dated 26.02.2013, to levy and collect fee for the four-lane Orai to Barah section (design Km 220.00 to Km 288.513) of NH-25, Uttar Pradesh; and that, under section 14 of the NHAI Act, 1988, NHAI entered into an agreement dated 07.03.2024 with NHIT Eastern Projects Private Limited (registered office at G-5 & 6, Sector-10, Dwarka, South West Delhi) for Tolling, Operation, Maintenance and Transfer (TOT/InvIT) of the Orai-Barah section (design Km 1515.713 to Km 1578.872 on LHS and Km 1578.380 to Km 1515.713 on RHS, length 62.903 km) of NH-25. Now, in exercise of powers 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 [GSR 838(E) dated 05.12.2008] and its numerous subsequent amendment rules (2010 to 2020), and in supersession of Notification S.O. No. 465(E) dated 26.02.2013, the Central Government notifies fee to be levied and collected by NHIT Eastern Projects Private Limited on mechanical vehicles for a total equivalent road length of 73.469 km (comprising 61.729 km of road and 1173.65 m of major structures with an equivalence factor of 10, yielding 11.74 km equivalent), at base rates for 2007-08 set out in Table 1: Car/Jeep/Van/Light Motor Vehicle Rs. 0.65 per km, Light Commercial/Goods Vehicle or Mini Bus Rs. 1.05, Bus or Truck (two axles) Rs. 2.20, three-axle commercial vehicles Rs. 2.40, Heavy Construction Machinery/Earth Moving Equipment/Multi Axle Vehicle (four to six axles) Rs. 3.45, and oversized vehicles (seven or more axles) Rs. 4.20, payable at the Fee Plaza at Km. 1519.880 near Usaka Chamari village, Jalaun district. Structures over 60m in length are detailed, including major bridges at Km. 1540.800 and Km. 1567.060 and flyovers at Km. 1550.700 and Km. 1578.360, with total structure length of 1202.30 m (LHS) and 1145.00 m (RHS). A monthly pass for local non-commercial vehicle owners residing within 20 km of the fee plaza is fixed at Rs. 330.00 for 2023-24, subject to annual revision under Rule 5 of the 2008 Rules; multi-journey pass rates, a 50% concession for local commercial vehicles absent alternative roads, and an overload penalty under sub-rule 1A of Rule 10 are also specified. The notification (F. No. NHAI/Finance/Invit/23-24/FeeNotification/Orai-Barasection/E-236095) is signed by Suman Prasad Singh, Joint Secretary.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1491] NEW DELHI WEDNESDAY , MARCH 27, 2024 /CHAITRA 7, 194 6 CG-DL-E-28032024-253421 (1) (2) 1. 1540.800 बड़ा पुल 766.60 784.00 2. 1550.700 फ्लाईओवर 288.20 288.20 3. 1567.060 बड़ा पुल 85.50 72.80 4. 1578.360 फ्लाईओवर 62.00 - क ु ल 1202.30 1145.00 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, t he 27th March , 2024 S.O. 1572(E).—Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number SO No. 465 ( E) 26.04.2002 & S.O. No. 78 dated 04.02.1999, issu ed under section 11 of the National Highways Authorit y of India Act, 1988 (68 of 1988), the Central Government has entrusted the stretch from km 80.00 to km 256.00 (Madhya Pradesh / Uttar Pradesh Border to Shivpuri to Bhognipur) and km 256.00 to km 281.00 (Bhognipur to Barah) of National Highways No. 25 and from km 93.00 to km 479.000 (Haryana / Uttar Pradesh Border to Kanpur) of National Highways No. 2 in the State of Uttar 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) read with Rule (3) of the National Highway Fee (Determination of Rates and Collection) Rules 2008, the Central Governmen t 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. 465 (E) dated 26.02.2013 for the four and more lane of Orai to Barah section from de sign km 220.00 to km 288.513 of National Highway No. 25 in the state of Uttar 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 agreement) 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”), o n 07.03.2024 for the Tolling, Operation, Maintenance and Transfer (InvIT) of Orai - Barah section from km Design km 1515.713 to km 1578.872on LHS and from km 1578.380 to km 1515.713 of RHS (Length 62.903 km) of NH - 25 in the State of Uttar Pradesh (hereina fter 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 National 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 (Determination of Rates and Collection) Amendm ent 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) 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 (Determ ination 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) Amendme nt 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) Amendment Rules, 2017 [GSR 248(E) 14.03.20 17] , 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 Fe e (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 date of agreement and in supersession of the Notificat ion Number S.O. No. 465 (E) dated 26.02.2013 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 Sect ion 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 equivalent road length of 73.469 km [including 61.729 km road, and 1173.65 m of structures (having length more than 60m) with equivalent length of 11.74 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 and 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 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 sha ll be due and payable at the f ollowing Fee Plazas for the distance specified for such Fee Plazas: S. No. Location of Fee Plaza (chainage) Length (in km) for which fee is payable Rate at which fee is payable 1 At km 1519.880 near Usaka Chamari in Jalaun district 61.729 (Excluding struc ture length of 1.174 km) 100% 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 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 equalisation factor of 10: Location of Fee Plaza (chainage) Length of Structures (in km) to be converted into equivalent road length Equivalent road lengt h (in km) Rate at which fee is payable At km 1519.880 near Usaka Chamari village in Jalaun district 1.174 11.74 100% of the base rates mentioned in Table -1 above The details of structures (> 60 m length) are as under: Sl. No . Location of structure (chainage) Type of structure Length (m) LHS RHS 1 1540.800 Major Bridge 766.60 784.00 2 1550.700 Flyover 288.20 288.20 3 1567.060 Major Bridge 85.50 72.80 4 1578.360 Flyover 62.00 - Total 1202.30 1145.00 Average Length of Structure 1173.65 Total Length of Structure 1173.65 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 i s 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 Collection) Rules, 2008. 5. For multiple journeys on the h ighway section, passes shall be issued at the following rate s, 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 or more 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 commer cial vehicles. 7. The driver or owner or person in charge of a mechanical vehicle which is loaded in excess of pe rmissible 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 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 definition 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 m entioned in Table -1, the actual amount of fee to be charged from the mechanical vehicles and the disc ounts will be calculated by the Authority on the basis of completed portion of the length of the Project Highway. The same shall be got published by the Au thority 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 provided that no revision shall be affected within a period of 6 (six) months from the date of the preceding revision of Fee. [F. No. NHAI/Finance/Invit/23 -24/FeeNotification/Orai -Barasection /E-236095 ] SUMAN PRASAD SINGH , Jt. Secy. Uploaded by Dte. of Printing at Government of India Pres s, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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