MORTH Notification No: S.O.1725 (E) (06-Oct-06) Levy and Collection of Fees on Mechanical Vehicles

S.O.1725(E).--Whereas by the notifications of the Government of India in the then Ministry of Road Transport and Highways, number S.O. 1192(E), dated the 3rd December, 2001 and S.O. 465 (E), dated the 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 stretches from km 143.00 to km 160.00 (Gondal - Ribda section) and from Km 160.00 to Km 217.00 (Porbandar - Rajkot section) of the National Highway No. 8B respectively in the State of Gujarat to the National Highways Authority of India (hereinafter referred to as the "Authority");

And whereas the Authority has entered into an agreement with West Gujarat Expressway Limited, having its registered office at The IL&FS Financial Centre, Plot C-22, G-Block, Bandra Kurla Complex, Bandra East, Mumbai-400051 (hereinafter referred to as the "Concessionaire") for widening of the existing stretch from km 117.00 to km 143.00 (Jetpur - Gondal Section), and from km 175.00 to km 185.00 (Rajkot bypass) from two lane to four lane and making improvement in the existing four lane stretch from km 143.00 to km 175.00 (Gondal - Rajkot Section), of the National Highway number 8B (NH 8B);

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 (Collection of Fees by any Person for the Use of Section of the National Highways/Permanent Bridge/Temporary Bridge on National Highways), Rules, 1997, the Central Government, having regard to the expenditure involved in building, maintenance, management and operation of the said section of the National Highway No. 8B, interest on the capital invested, reasonable return, the volume of traffic and the period of agreement entered into between the Authority and the Concessionaire, hereby notifies that there shall be levied and collected fees on mechanical vehicles for the use of the stretch starting from Km 143.00 to Km 175.00 (Gondal - Rajkot Section) of National Highways No. 8B in the State of Gujarat at the rate specified in the Schedule below, and authorizes the said Concessionaire to collect and retain the said fees on and from the date of commercial operation or publication of this notification in the Official Gazette, whichever is later; and till the termination date as specified in the agreement or 17th March 2008 whichever is earlier.

Definitions.- In this notification, unless the context otherwise requires,-

(a) "actual fees" means the fees actually charged from the road users from km 143.00 to km 175.00 as may be fixed by the Authority and the base fee given in the Schedule to this notification;

(b) "date of commercial operation" means the date on which commercial operation of the said section of the National Highway No 8B in the State of Gujarat begins which shall be the date on which the Independent Consultant issues the Completion Certificate or the Provisional Certificate, as the case may be, upon completion of the said section of the said National Highway in accordance with the provisions of the agreement entered into between the Authority and the Concessionaire;

(c) "local commercial traffic" means any commercial vehicle including buses, trucks, light motor vehicles or taxis engaged in carrying goods and passengers registered with the Concessionaire as plying routinely on the said section without crossing more than one of the Toll plazas:

Provided that for the purpose of users of the stretch from km 143.00 to km 175.00 (Gondal-Rajkot Section), pending completion of Jetpur-Gondal section (km 117.00 to km 143.00) and Rajkot Bypass Section (km 175.00 to km 185.00), "local commercial traffic" means and includes a commercial vehicle including buses, trucks, light motor vehicles or taxis engaged in carrying goods and passengers registered with the Concessionaire as plying routinely on using a part of the stretch km 143.00 to km 175.00 (Gondal - Rajkot Section) on NH-8B and is, therefore, required to use such vehicles for commuting on a part of the said stretch from km 143.00 to km 175.00 (Gondal - Rajkot Section) on NH-8B not exceeding 16 km being 50% of the total length of the stretch from km 143.00 to km 175.00 (Gondal - Rajkot Section) on NH-8B;

(d) "local personal traffic" means and includes a personal vehicle (car/passenger van/jeep) which is registered with the Concessionaire by any person who normally resides or works at a place that can normally be approached only by using a part of the stretch from km 143.00 to km 175.00 (Gondal - Rajkot Section) on NH-8B and such person is, therefore, required to use such vehicle for commuting on a part of the said stretch from km 143.00 to km 175.00 (Gondal - Rajkot Section) on NH-8B not exceeding 16 km being 50% of the total length of the stretch from km 143.00 to km 175.00 (Gondal - Rajkot Section) on NH-8B, in the course of normal travel to and from his place of work or residence.

(e) "termination date" means the date on which the said agreement entered into between the Authority and the Concessionaire expires pursuant to the provisions of the said agreement or is terminated by a termination notice;

(f) words and expressions used in this notification and not defined but defined in the agreement entered into between the Authority and the Concessionaire in respect of section from Km 117.00 to Km 185.00 of the National Highway No. 8B in the State of Gujarat shall have the same meaning as assigned to them respectively in the said Agreement.

SCHEDULE

(Rates of base fees to be recovered from the users of the National Highways No. 8B from Km. 143.00 to Km. 175.00 applicable as on the 1st July, 1997, in the State of Gujarat).

The fee shall be collected at km 173.00.

NOTES -

(i) The aforesaid fee will be revised annually with effect from 1st October every year. The revised fee shall be computed ("Computed Fee") as follows:-

Base Fee _X WPI-B

WPI-A

where:-

WPI-A = is the Wholesale Price Index on June, 1997

WPI-B = is the Wholesale Price Index on March 31 preceding the fee-revision date.

(ii) The actual fees to be charged shall be rounded off to the nearest five rupees.

2. The following types of vehicles shall be exempted from the fee specified in the Schedule, namely: -

(i) vehicles, -

(A) Officially belonging to

(a) the President of India;

(b) the Vice President of India;

(c) the Governor of a State or the Lt. Governor of a Union Territory;

(d) a Foreign Dignitary on State visit to India;

(e) a Foreign diplomat stationed in India using cars with "CD"/ "CC" number plates;

(f) the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha or the Chairman of a State Legislative Council or the Speaker of a State Legislative Assembly or a Minister for the Union or a State, or Leader of Opposition in the Lok Sabha or Rajya Sabha or a State Legislature having the status of Cabinet Minister, if he is sitting in the vehicle; or

(g) a Member of Parliament, in the entire country, or a Member of the Legislative Assembly of a State or a Member of Legislative Council of a State, in the respective State, if he produces his identity card issued by the Parliament or concerned Legislature of the State, as the case may be;

(B) belonging to winner of a Gallantry award such as Param Vir Chakra, Ashok Chakra, Maha Vir Chakra, Kirti Chakra, Vir Chakra and Shaurya Chakra, if such awardee produces his photo identity card duly authenticated by the Competent Authority for such award,

(ii) Defence vehicles, Police vehicles, Fire-fighting vehicles, Ambulances, Funeral vans, Vehicles of the Department of Posts and Telegraphs, and Central Government and State Government vehicles, on duty.

3. The Rates of Fees, the Categories of Vehicles exempted from payment of fee and the name, address and telephone number of the Concessionaire to whom complaints, if any, should be addressed, shall be conspicuously and prominently displayed 500 meters ahead of the toll booths, 100 meters ahead of the toll booths and at the toll booths also. The height of the display boards and size of letters being such that it is easy for drivers to read the display boards.

4. A table of fees authorized to be collected on any section of national highways/permanent bridge/temporary bridge on national highway shall be put up by such person in a conspicuous place near a fee collection booth legibly written or printed in English, Hindi and the regional language of the area in which the national highway is situated.

5. The Concessionaire, shall nominate an official as in charge of fee collection and official so nominated shall be responsible to ensure that fees are collected at not more than the agreed rates and the fee collection is smooth without causing undue hardship to the road users, and for all other matters connected therewith.

6. The Concessionaire, shall not collect any fees from local personal traffic and local commercial traffic in excess of the following discounted rates:

Provided however, that if a separate service lane is opened for free use by local traffic, the concessionaire shall levy and collect fee from such local traffic, if they use the four-lane Highway.

7. The actual fees to be charged to users will be computed by the Concessionaire and sent to Authority for approval as soon as possible after January 31st every year, but at least 45 days before the rate increase is to be effective. Authority shall provide comments or ask for clarifications as soon as possible upon receipt of the fee revision proposal but not later than 15 days of receipt of the fee revision proposal. If Authority does not offer comments / seek clarifications during this period, the revised fee, as proposed by the Concessionaire, will be deemed to be approved by Authority.

8. The Concessionaire shall publish substance of this notification in two local newspapers (one of which shall be in vernacular language), which shall also state the commercial operation date as per the provision of this notification, at least 10 days prior to the commercial operation date. Such substance shall also be repeated every year, 10 days prior to giving effect to revised fees as per this notification.

[F. No. RW/NH-37011/38/2006-PIC]

PRABHAKAR, Dy. Secy