Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 10 in The National Highways fee (Determination of Rates and Collection) Rules, 2008

10. Rate of fee for overloading.

- [(1) Without prejudice to the liability of the driver or owner or a person in charge of a mechanical vehicle under any law for the time being in force, a mechanical vehicle which is loaded in excess of permissible [maximum gross vehicle weight in respect of such vehicle] [Substituted by Notification No. G.S.R. 778(E), dated 16.12.2013 (w.e.f. 5.12.2008).] shall not be permitted to use the National Highway or crossing the toll [fee plaza] [Substituted 'plaza' by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).] until the excess load has been removed from such mechanical vehicle.
(1A)[ The driver or owner or person in charge of a mechanical vehicle shall be liable to pay fee, for entering the overloaded vehicle on the national highway, to the user fee collecting agency, equal to fees as follows: -
Percentage of excess load over MaximumPermissible Gross Vehicular Weight Multiplying factor to base rate of fees Fees
(1) (2) (3)
0% to 20% Two [(Fees applicable for such category ofmechanical vehicle under sub-rule (2) of rule 4) X (Multiplyingfactor) ]
>20% to 40% Four
>40% to 60% Six
>60% to 80% Eight
>80% and above Ten]
[Substituted by Notification No. G.S.R. 920(E), dated 25.9.2018 (w.e.f. 5.12.2008).]][This proviosion shall be applicable on all Toll plazas.] [Inserted by Notification No. G.S.R. 02(E), dated 29.12.2014 (w.e.f. 5.12.2008).]
(2)The weight of a mechanical vehicle, as recorded at a weighbridge installed at the [fee plaza] [Substituted by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).], shall be the basis for levying the fee for overloading under this rule:Provided that where no weigh bridge has been installed at the [fee plaza] [Substituted by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).], no fee for overloading shall be levied and collected under this rule and the driver, owner or person in charge of the mechanical vehicle shall be liable to pay fee applicable for such vehicle only.[11. Exemption from payment of fee. - [* * *] [Substituted by Notification No. G.S.R. 950(E), dated 3.12.2010 (w.e.f. 5.12.2008)] No fee shall be levied and collected from a mechanical vehicle, -
(a)transporting and accompanying-
(i)the President of India;
(ii)the Vice-President of India;
(iii)the Prime-Minister of India;
(iv)the Governor of a State;
(v)the Chief Justice of India;
(vi)the Speaker of the House of People;
(vii)the Cabinet Minister of the Union;
(viii)the Chief Minister of a state;
(ix)the Judge of the Supreme Court;
(x)the Minister of State of the Union;
(xi)the Lieutenant Governor of a Union territory;
(xii)the Chief of Staff holding the rank of full General or equivalent rank;
(xiii)the Chairman of the Legislative Council of a State;
(xiv)the Speaker of the Legislative Assembly of a State;
(xv)the Chief Justice of a High Court;
(xvi)the Judge of a High Court;
(xvii)the Member of Parliament;
(xviii)the Army Commander or Vice-Chief of Army Staff and equivalent in other services;
(xix)the Chief Secretary to a State Government within concerned State;
(xx)the Secretary to the Government of India;
(xxi)the Secretary, Council of States;
(xxii)the Secretary, House of People;
(xxiii)the Foreign dignitary on State visit;
(xxiv)The Member of Legislative Assembly of a State and the Member of Legislative Council of a State within their respective State, if he or she produces his or her identity card issued by the concerned Legislature of the State;
(xxv)the awardee of Param Vir Chakra, Ashok Chakra, Maha Vir Chakra, Kirti Chakra, Vir Chakra and Shaurya Chakra, if such awardee produces his or her photo identity card duly authenticated by the appropriate or competent authority for such award;
(b)used for official purposes by -
(i)the Ministry of Defence including those which are eligible for exemption in accordance with the provisions of the Indian Toll (Army and Air Force) Act, 1901 and rules made thereunder, as extended to Navy also;
(ii)the Central and State armed forces in uniform including para military forces and police;
(iii)an executive Magistrate;
(iv)the fire-fighting Department or organisation;
(v)the National Highways Authority of India or any other Government organisation using such vehicle for inspection, survey, construction or operation of national highways and maintenance thereof;
(c)used as ambulance; and
(d)used as funeral van.]
(e)[ specially designed and constructed for use of a person suffering from some physical defect or disability.] [Inserted by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).]