Section 4(6) in The National Highways fee (Determination of Rates and Collection) Rules, 2008
(6)[ Notwithstanding anything contained in this rule-(a)the rate of fee for use of a Section of a national highway consisting of bypass or tunnel constructed on or after 11th September, 1956 but before 5th December, 2008, through public funded project or build, operate and transfer (annuity) project, shall be the same, as provided in sub-rule (2) and (3) for the Section of a national highway, and, shall be revised in accordance with the provisions of rule 5; and(b)the rate of fee for use of permanent bridge constructed on or after 1lth September, 1956 but before 5th December, 2008, through public funded project or build, operate and transfer (annuity) project. shall he the same as applicable prior to the commencement of these rules, and, shall be revised in accordance with the provisions of rule 5:Provided that notwithstanding whether the Section of the national highway or the bridge has been taken for further lane upgradation or not, the increase in the rate of fee for use of a Section of such national highway, permanent bridge, bypass or tunnel constructed through any public funded project or any build, operate and transfer (annuity) project constructed before the commencement of the said rules, shall not be increased after the commencement of the National Highways Fee (Determination of Rates and Collection) Second Amendment, Rules, 2011 by more than twenty-five per cent of the rates of fee applicable immediately before such commencement and further annual increase shall in no case be more than twenty-five per cent of the rate applicable in the immediately preceding year.] [Inserted by Notification No. G.S.R. 756(E), dated 12.10.2011 (w.e.f. 5.12.2008).][Provided further that in case of a section of a four-lane highway which has been taken up for up-gradation to six-laning, the increase in rate of fee shall be limited to seventy-five per cent of the fee as specified in sub-rule (2) and revised under rule 5 calculated on and from the date of commencement of the work relating to up-gradation, till the date of completion of the project according to the agreement entered into with the concessionaire without any annual revision:Provided also that no user fee shall be levied for the delayed period between the date of completion as per the agreement entered into with the concessionaire and the date of actual completion of the project.Explanation. - For the purposes of this rule, any provisional completion of the project shall not be treated as completion of the project.
