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Core Purpose

Notification by the Ministry of Road Transport and Highways authorizing levy and collection of user fees on NH-27 sections in Assam under an InvIT tolling agreement, superseding an earlier fee notification.

Detailed Summary

The Ministry of Road Transport and Highways, by notification S.O. 1569(E) dated 27 March 2024, notified under Section 8A of the National Highways Act, 1956 (48 of 1956) read with the National Highways Fee (Determination of Rates and Collection) Rules, 2008 and its subsequent amendments, the levy and collection of user fees on the Kachugaon-Rakhaldubi Bus Junction section (Km 30.00 to Km 92.671, NH-27/old NH-31C) and the Rakhaldubi Bus Junction-Kalijhar section (Km 961.500 to Km 1013.00, NH-27/old NH-31) in Assam, in supersession of the earlier fee notification S.O. 109(E) dated 7 January 2020, following the National Highways Authority of India's Tolling, Operation, Maintenance and Transfer (InvIT) agreement dated 7 March 2024 with concessionaire NHIT Eastern Projects Private Limited; the notification sets base per-km fee rates by vehicle category (from Rs. 0.65 for Car/Jeep/Van up to Rs. 4.20 for Oversized Vehicles, base year 2007-08) at the Patgaon Fee Plaza (design Km 49.600, Kokrajhar district) and Dahalpara Fee Plaza (design Km 971.700, Chirang district), a monthly local-resident pass at Rs. 330, multi-journey pass rates, and overload fee multipliers ranging from twice to ten times the base rate. The notification is signed by Suman Prasad Singh, Joint Secretary.

Full Text

2301 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1488] NEW DELH I, WEDNES DAY , MARCH 27, 2024 /CHAITRA 7, 194 6 CG-DL-E-28032024-253422 (1) (2) 49.600 पर 61.812 100% 100% 100% 1001.265 पर 100% (1) (2) (3) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 27th March , 2024 S.O. 1 569(E).— Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number S.O. No. 465 (E) dated 26.04.2002, issued under section 11 of the National Highways Authority of India Act, 1988 (68 of 1 988), the Central Government has entrusted the stretch from Km 0.00 to Km 93.00 (Bijni to West Bengal / Assam Border) of National Highway No. 31C and km 961.500 to km 1126.00 (Guwahati – Nalbari Bijni) of National Highway no. 31 in the State of Assam to th e National Highways Authority of India (hereinafter referred to as the “Authority”); And whereas, in exerc ise 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 (Det ermination of Rates and Collection) Rules 2008, the Central Government by notification of the Government of India aut horized Authority for levying and collecting fee on mechanical vehicles for the use of stretches as follows: Vide S.O. No. 109 (E) dated 07.01.2020 for the 4 laning of Bijni to West Bengal / Assam Border section from km 30.00 to km 93.000 of NH - 31C and Gu wahati to Nalbari – Bijni section from km 961.500 to km 1013.00 of NH - 31 in the state of Assam. And whereas , pursuant to the provision of Section 14 of the National Highways Authority of India Act, 1988 (68 of 1988), the Authority has entere d into an Agreement (hereinafter referred to as said agreement) with NHIT Eastern Projects Private Limited , having its reg istered office at G -5 & 6, Sector -10, Dwarka, Delhi, South West Delhi, Delhi, India, 110075 (hereinafter referred to as the “Concessio naire”), on 07.03.2024 for the Tolling, Operation, Maintenance and Transfer (InvIT) of 4 lane Kachugaon - Rakhaldubi Bus J unction section from km 30.00 to km 92.671 (project Length 62.671 km) of National Highway 27 (old NH -31C) and Rakhaldubi Bus Junction - Kalijhar section from km 961.500 to 1013.00 (Project length 51.500 km) of NH – 27 (old NH -31) in the state of Assam (her einafter referred to as the said section) of the National Highway; Now, therefore, in exercise of the powers conferred b y section 8A of the National Highways Act, 1956 (48 of 1956), read with Rule 3 of the National Highways Fee (Determination of Rates an d Collection) Rules, 2008 [GSR 838 (E) dt. 05.12.2008] read along with National Highways Fee (Determination of Rates and C ollection) Amendment Rules, 2010 [GSR 950(E) 03.12.2010], National Highways Fee (Determination of Rates and Collection) Amendment Rule s, 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 Hig hways 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) 29.12.2014], National Highways Fee (Determination of Rates and C ollection) 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 (Determination of Rates and Collection) Amendment Rules 2016 [GSR 111 4(E) 02.12.2016], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2017 [GSR 248(E) 14.03.2017] , Th e National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2018 [GSR 427(E) 07.05.2018], The Nationa l Highways Fee (Determination of Rates and Collection) Amendment Rules, 2018 [GSR 920(E) 25.09.2018], The National Highways Fee (Deter mination 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 Collecti on) Amendment Rules, 2020 [GSR 523(E) 24.08.2020], The National Highways Fee (Determination of Rates and Collection) Amend ment Rules, 2020 [GSR 804(E) 30.12.2020], and any other amendments till date of agreement and in supersession of the Notification Numb er S.O. No. 109 (E) dated 07.01.2020 except as respect things done or omitted to be done before such supersession, the Cen tral Government, having regard to the expenditure involved in building, maintenance, management and operation of the said Section of s aid National Highway, interest on the capital invested, reasonable return, the volume of traffic and the period of said ag reement entered between the Authority and the Concessionaire, hereby notifies that there shall be levied and collected fees on mechani cal vehicles at the rate specified in column (2) of the Table 1 in ca se of Patgaon fee plaza, total road length of 62.671 km [including 61.812 km 4 lane road, and 0.859 km length of 4 lane structures (having length more than 60m) with equivalent length of 8.59 km] (Before construction of Flyover) and for total road length of 62.671 km [including 61.721 km 4 lane road and 0.9 50 km length of 4 lane structures (having length more than 60m) with equivalent length of 9.50 km] (after construction of Flyover) and In case of Dahalpara Fee Plaza, Total road length of 51.500 km [including 50.360 km 4 lane road, and 1.140 km length of 4 lane structures (having length more than 60m) with equivalent length of 11.40 km] (Before construction of Flyover) and for total r oad length of 51.500 km [including 50.258 km 4 lane road and 1.242 km length of 4 lane structures (having length more tha n 60m) with equivalent length of 12.42 km] (after construction of Flyover) 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 authorizes the said Concessi onaire to collect and retain the fee on and from the Appointed Date or publication of this Notification in the Official Gazette, whiche ver is later, till the date of termination as specified in the agreement. This fee notification shall be effective from t he 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 bas e 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 Eart h 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 (Design Kilometer km) Length (in km) for which fee is payable Rate at which fee is payable Before construction of Flyover After construction of flyover 1 At design km 49.600 near Patgaon village of Kokrajhar District in the State of Assam 61.812 (excluding 0.859 km length of 4 lane structure as indicated in para 2 (length >60m) (Before Construction of Flyover at km 83.150) 61.721 (excluding the 0.950 km length of 4 lane structures as indicated in para 2 (length >60m) (After Construction of Flyover at km 83.150) 100% of the base rates mentioned in Table 1 above 2 At design km 971.700 near Dahalapara village of Chirang District in the State of Assam 50.360 (excluding 1.140 km length of 4 lane struct ure as indicated in para 2 (length >60m) (Before Construction of Flyover at km 1001.265) 50.258 (excluding the 1.242 km length of 4 lane structures as indicated in para 2 (length >60m) (After Construction of Flyover at km 1001.265) 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 a n equivalent length of highw ay by multiplying the length of such structures by an equalization factor of 10: Location of Toll Plaza (Existing km) Before Construction of flyover After Construction of Flyover Rate at which name of fee is payable Leng th of structures (in km) to be converted into equivalent road length Equivalent road length (in km) Length of structures (in km) to be converted into equivalent road length Equivalent road length (in km) At design km 49.600 near Patgaon village of Kokraj har District in the State of Assam 0.859 (Before Construction of flyover at km 83.150) 8.59 (Before Construction of flyover at km 83.150) 0.950 (After Construction of flyover at km 83.150) 9.50 (After Construction of flyover at km 83.150) 100% of t he base rates mentioned in Table -1 above At design km 971.700 near Dahalapara village of Chirang District in the State of Assam 1.140 (Before Construction of flyover at km 1001.265) 11.40 (Before Construction of flyover at km 1001.265) 1.242 (After Construction of flyover at km 1001.265) 12.42 (After Construction of flyover at km 1001.265) 100% of the base rates mentioned in Table -1 above For Patgaon Fee Plaza i. The details of structures (> 60 m length) are as under: S. No. Chainage (km) Type of Structure Total Length (km) From To 1 34.010 34.167 Major Bridge (Four Lane) 0.157 2 41.256 41.344 Major Bridge (Four Lane) 0.088 3 45.106 45.194 Major Bridge (Four Lane) 0.088 4 45.488 45.576 Major Bridge (Four Lane) 0.088 5 46.813 47.015 Major Bridge (Four Lane) 0.202 6 62.743 62.918 Major Bridge (Four Lane) 0.175 7 87.810 87.869 ROB (Four Lane) 0.061 Total Length 0.859 ii. The details of structures (>60m length) are as under: S. No. Chainage (km) Type of Structure Total Length (km) From To 1 34.010 34.167 Major Bridge (Four Lane) 0.157 2 41.256 41.344 Major Bridge (Four Lane) 0.088 3 45.106 45.194 Major Bridge (Four Lane) 0.088 4 45.488 45.576 Major Bridge (Four Lane) 0.088 5 46.813 47.015 Major Bridge (Four Lane) 0.202 6 62.743 62.918 Major Bridge (Four Lane) 0.175 7 83.106 83.195 Flyover (Six lane) 0.091 8 87.810 87.869 ROB (Four Lane) 0.061 Total Length 0.950 For Dahalpara Fee Plaza i. The details of structures (> 60 m length) are as under: S. No. Existing Km Type o f Structure Total Length (km) 1 963.868 Major Bridge (Four Lane) 0.333 2 975.251 Major Bridge (Four Lane) 0.207 3 986.300 Major Bridge (Four Lane) 0.207 4 996.120 Major Bridge (Four Lane) 0.393 Total length 1.140 ii. The details of structures (>60m le ngth) are as under: S. No. Existing Km Type of Structure Total Length (km) 1 963.868 Major Bridge (Four Lane) 0.333 2 975.251 Major Bridge (Four Lane) 0.207 3 986.300 Major Bridge (Four Lane) 0.207 4 996.120 Major Bridge (Four Lane) 0.393 5 1001.265 Flyover (Four Lane) 0.102 Total length 1.242 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 (Rupe es Three Hundred Thirty only) for the year 2023 -24 and 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 highway section, passe s shall be issued at the following rates, namel y; 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 vehic le on the national highway, to the u ser fee collecting agency, equal to fees as follows: 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 including category of mechanical vehicles, its permissible l oad, 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 mentioned in Table -1, 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 completed portion of the lengt h 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 provide d 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/Kachugaon –RakhaldubiBusJunction -Kaljhar /E -236096 ] 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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