MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 2nd December, 2016
G.S.R. 1114(E).—In exercise of the powers conferred by section 9 of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules further to amend the National Highways Fee (Determination of Rates and Collection) Rules, 2008 namely:-
1. (1) These rules may be called the National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2016.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereafter referred to as the said rules) in rule 2, after clause (hb), the following clause shall be inserted, namely:-
(hc) “pre-paid payment instrument” means the instrument as defined by Reserve Bank of India;
3. In the said rules, in rule 6, in sub-rule (3) after the words “cash or through” the words “pre-paid payment instruments,” shall be inserted.
[F. No. H-25016/01/2014-Toll (Vol.II)]
DAKSHITA DAS, Jt. Secy
Note : The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) published in the Gazette of India, vide G.S.R. 838(E), dated the 5th December, 2008 and subsequently amended vide G.S.R. 950(E), dated the 3rd December, 2010; G.S.R. 15(E), dated the 12th January, 2011; G.S.R. 756(E), dated the 12th October, 2011, G.S.R. 778(E), dated the 16th December, 2013; G.S.R. 26(E), dated the 16th January, 2014; G.S.R. No. 831(E), dated the 21st November, 2014; G.S.R. 02(E), dated the 29th December, 2014; G.S.R. 220(E), dated the 23rd March, 2015 and G.S.R. 585(E), dated the 8th June, 2016
Editor Note :- Relevant Extract of Rule – 6 NATIONAL HIGHWAYS FEE (DETERMINATION OF RATES AND COLLECTION) RULES 2008 before above amendment:
Collection of fee
6. (1) Fee levied under these rules shall be collected by the Central Government or the executing authority or the concessionaire, as the case may be, at the toll plaza.
(2) Every driver, owner or person in charge of a mechanical vehicle shall for the use of the section of national highway, permanent bridge, bypass or tunnel, before crossing the toll plaza, pay the fee specified under these rules.
(3) The fee collected under these rules shall be paid either in cash or through smart card 1[or through FASTag] or on board unit (transponder) or any other like device:
Provided that no additional charges shall be realised for making the payment of fee by use of a smart card or on board unit (transponder) or any other such device:
1[Provided further that user of the vehicle not fitted with “FASTag” entering into “FASTag lane” of the Toll Plazas shall pay a fee equivalent to two times of the fee applicable to that category of vehicles as per sub-rule (2) of Rule 4.]
(4) Any driver, owner or person in charge of a mechanical vehicle who opts for the installation of on board unit (transponder) or any other such device for payment of fee, shall deposit a refundable security equivalent to the cost of the equipment with the Central Government, the executing authority or the concessionaire, as the case may be, for such installation and no interest shall accrue on such security deposit.
(5) The person receiving such fee under sub-rule (2) of rule 6, shall issue to the driver, owner or person in charge of mechanical vehicle a receipt, specifying therein the date and time of such receipt of fee, total amount received, and the class of vehicle for which the fee has been received:
Provided that where the fee is paid through smart card or on board unit (transponder) or any other such device, a receipt shall be issued on demand only.
2[(6)(a) The fee shall be collected by the Central Government or the executing authority as the case may be and for a specified period in accordance with the terms of agreement entered by the concessionaire.
(b) The fee as notified as per Concession Agreement shall be leviable till the end of the concession period and after the Concession Agreement is over, the fee shall be collected by the Central Government executing authority at a reduced rate of 40% of the fee on the date of transfer of such section of National Highways, bridge, tunnel or bypass, as the case may be, to be revised annually in accordance with these rules:
Provided that after the recovery of capital cost through user fee realised, in respect of a public funded project, the fee leviable would be reduced to 40% of the user fee for such section of National Highways, bridge, tunnel or bypass as the case may be, to be revised annually in accordance with these rules.]
(7) In respect of public funded projects the fee levied under these rules shall be collected by the Central Government, or the executing authority, as the case may be, through its own officials or through a contactor.