Section 6 in The National Highways fee (Determination of Rates and Collection) Rules, 2008
6. Collection of fee.
(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 [fee plaza.] [Substituted by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).](2)Every driver, owner or person in charge of a mechanical vehicle shall for the use of the section of national highway, permanent bridge, by-pass or tunnel, before crossing the [fee plaza.] [Substituted by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).], pay the fee specified under these rules.(3)The fee collected under these rules shall be paid either in cash or through [pre-paid payment] [Inserted by Notification No. G.S.R. 1114(E), dated 2.12.2016 (w.e.f. 5.12.2008).] smart card [or through FASTag] [Inserted by Notification No. G.S.R. 831(E), dated 21.11.2014 (w.e.f. 5.12.2008).] 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.[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.] [Inserted by Notification No. G.S.R. 831(E), dated 21.11.2014 (w.e.f. 5.12.2008).][Provided also that if a vehicle user with a valid, functional FASTag or any such device with sufficient balance in the linked account crossing a fee plaza installed with Electronic Toll Collection infrastructure, is not able to pay user fee through FASTag or any such device owing to malfunctioning of Electronic Toll Collection infrastructure, the vehicle user shall be permitted to pass the fee plaza without payment of any user fee. An appropriate zero transaction receipt shall be issued mandatorily for all such transactions.] [Inserted by Notification No. G.S.R. 427(E), dated 7.5.2018 (w.e.f. 5.12.2008).](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.(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.] [Substituted by Notification No. G.S.R. 15(E), dated 12.1.2011.].(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 contractor.
