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Union of India - Section

Section 4 in The National Highways fee (Determination of Rates and Collection) Rules, 2008

4. Base rate of fee.

(1)The rate of fee for use of the section of national highway, permanent bridge, by-pass or tunnel constructed through public funded project or private investment project shall be identical.
(2)[The fee] [Substituted by Notification No. G.S.R. 585(E), dated 8.6.2016 (w.e.f. 5.12.2008).] for use of a section of national highway of four or more lanes shall, for the base year 2007-08, be the product of the length of such section multiplied by the following rates, namely:--
Typeof Vehicle BaseRate of Fee Per Km. (In rupees)
Car,Jeep, Van or Light Motor Vehicle 0.65
LightCommercial Vehicle, Light Goods Vehicle or Mini Bus 1.05
Bus orTruck (Two Axles) 2.20
Three-axlecommercial vehicles 2.40
HeavyConstruction Machinery(HCM) or Earth Moving Equipment (EME) orMulti-Axle Vehicle (MAV) (four to six axles) 3.45
OversizedVehicles (seven or more axles) 4.2
[* * *] [Omitted explanation by Notification No. G.S.R. 220(E) dated 23.3.2015 (w.e.f. 5.12.2008).]
(3)[ and (4) ***] [Omitted by Notification No. G.S.R. 778(E), dated 16.12.2013 (w.e.f. 5.12.2008).]
(3) The rate of fee for use of a section of national highway, having two lanes and on which the average investment for upgradation has exceeded[rupees two and a half crore per kilometer at the 1stApril, 2008 prices] [Substituted for the words "Rupees one crore per kilometer" by Notification No. G.S.R. 950(E), dated 3.12.2010 (w.e.f. 5.12.2008)], shall be sixty per cent of the rate of fee specified under sub-rule (2) of rule 4.(4) The rate of fee for use of permanent bridge or tunnel constructed with the cost exceeding Rupees Ten crore, shall, for the base year 2007-08, be as follows:-{|
“Baserate of fee (Rupees Per vehicle Per trip)
Costof permanent bridge, or tunnel (Rupees in Crore) Car,Jeep, Van or Light Motor Vehicle LightCommercial Vehicle, Light Goods Vehicle or Mini Bus Truckor Bus Three-axlecommercial vehicle HCM,EME or MAV OversizedVehicle
10 to15 5 7.5 15 16.5 22 30
Forevery additional Rupees five crore or part thereof, exceedingRupees fifteen crore and up to Rupees one hundred crore 1 1.5 3 3.3 4.5 6
Forevery additional Rupees five crore or part thereof, exceedingRupees one hundred crore and upto Rupees two hundred crore 0.75 1.15 2.25 2.45 3.4 4.5
Forevery additional Rupees five crore or part thereof, exceedingRupees two hundred crore. 0.5 0.75 1.5 1.65 2.25 3
Provided that while computing fee for the section of national highway on which a permanent bridge or tunnel costing Rupees Fifty crore or more is situated, the length of such permanent bridge or tunnel shall be excluded from the length of such section of national highway and fee shall be levied at the rates specified for such permanent bridge or tunnel:Provided further that where the cost of such permanent bridge or tunnel, as the case may be, is less than Rupees Fifty crore, and the said permanent bridge or tunnel, form part of the section of national highway, then instead of above rate of fee, the rate of fee specified under sub-rule (2) of rule 4 shall be applicable for such permanent bridge or tunnel.Explanation.- For the purpose of this sub-rule,--
(a)the cost for private investment project, shall be the cost as assessed by the executing authority prior to invitation of bids from the concessionaire;
(b)the cost for public funded project shall be the cost as assessed by the executing authority six months prior to completion thereof.
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(5)[ The rate of fee for use of bypass forming part of a section of a national highway constructed with the cost of rupees ten crore or more, for the base year 2007-08, shall be one and a half times the rate of fee specified in sub-rule (2):Provided that while computing the fee for a section of a national highway of which such bypass forms a part, the length of such bypass shall be excluded from the length of such section of national highway:Provided further that where the cost of such bypass is less than rupees ten crore, then the rate of fee for the use said bypass shall be the same as that of the section of the national highway of which it forms a part.] [Inserted by Notification No. G.S.R. 950(E), dated 3.12.2010 (w.e.f. 5.12.2008)]
(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.
(7)The rate of fee for use of an expressway shall be 1.25 times the rate specified in sub-rule (2).
(8)In case of private investment projects, the rate of fee shall be as specified under sub-rule (2) or such lower rates as concessionaire may determine by giving public notice to the users, specifying in all or any category of vehicles.
(9)The rate of fee for a section of a four-lane highway shall on and from the commencement of the work relating to upgradation to six laning, be seventy-five per cent. of the fee applicable on the date of commencement of the National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2013, till the completion of the project without any annual revision:Provided 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.
(10)[ The rate of fee for use of standalone structure as well as structure forming part of a liner highway/expressway, shall be calculated by converting the length of the structure into an equivalent length of highway/expressway by multiplying by a factor of ten.Provided that structure of 60 meters of length or less, on a linear highway/expressway will be considered as part of the normal length of highways/expressways for calculation of fee.] [Inserted by Notification No. G.S.R. 778(E), dated 16.12.2013 (w.e.f. 5.12.2008).]
(11)The rate of fee for use of a section of a national highway, having two-lanes with paved shoulders and above but below four-lane on which substantial improvement has been made by widening carriageway by three meters or more shall be sixty per cent of the rate of fee specified under sub-rule (2).]