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State of Karnataka - Act

Karnataka Project Bellary to Moka (AP Boarder) on Kampli-Kurugodu State Highway-132 for a length 25.27 2 Collection of Road Toll or User Fee (Determination of Rates and Collection) Rules, 2018 for State Highways, Standalone Structures

KARNATAKA
India

Karnataka Project Bellary to Moka (AP Boarder) on Kampli-Kurugodu State Highway-132 for a length 25.27 2 Collection of Road Toll or User Fee (Determination of Rates and Collection) Rules, 2018 for State Highways, Standalone Structures

Rule KARNATAKA-PROJECT-BELLARY-TO-MOKA-AP-BOARDER-ON-KAMPLI-KURUGODU-STATE-HIGHWAY-132-FOR-A-LENGTH-25-27-2-COLLECTION-OF-ROAD-TOLL-OR-USER-FEE-DETERMINATION-OF-RATES-AND-COLLECTION-RULES-2018-FOR-STATE-HIGHWAYS-STANDALONE-STRUCTURES of 2018

Published on 22 January 2018
Commenced on 22 January 2018
[This is the version of this document from 22 January 2018.]
[Note: The original publication document is not available and this content could not be verified.]

Karnataka Project Bellary to Moka (AP Boarder) on Kampli-Kurugodu State Highway-132 for a length 25.27 2 Collection of Road Toll or User Fee (Determination of Rates and Collection) Rules, 2018 for State Highways, Standalone StructuresPublished vide Notification No. PWD 16 EAP 2018, Bengaluru, dated 22nd January, 2018Notification No. PWD 16 EAP 2018, Bengaluru, dated 22nd January, 2018. - In exercise of the powers conferred by Section 19-A, sub-section (3-A) of the Karnataka State Highways Act, 1964 (Karnataka Act 44 of 1964), the State Government hereby make notified rate of Toll to be determined and collected as Toll or user fee for using a section from Bellary to Moka (AP Border) on Kampli-Kurugodu State Highway-132 for a length - 25.27 km. and authorises Karnataka Road Development Corporation Limited (KRDCL) to collect, by itself or through a contractor, the toll as per provisions under this notification and shall apply for publicly funded projects as well, as is the case for the captioned project namely.-

1. Short title and commencement.

- 1.1. This notification may be called the Karnataka Project Bellary to Moka (AP Boarder) on Kampli-Kurugodu State Highway-132 for a length 25.27 km. 2 Collection of Road Toll or User Fee (Determination of Rates and Collection) Rules, 2018 for State Highways, Standalone Structures.

1.2This notification shall come into force from the date of its publication in the Official Gazette.

2. Definitions.

- 2.1. In this notification, unless the context otherwise requires. -

2.

1.

a "Act" means the State Highways Act, 1964 (Karnataka Act 44 of 1964);

2.

1.

b "Base Year" means the period from 1-4-2007 to 31-3-2008;

2.

1.

c "Build, operate transfer (Annuity) projects" means a project relating to any section of State Highways, Standalone Structures as the case may be, for which an arrangement is entered into with a concessioner, for the payment of annual grant for construction of State Highways, standalone structures;

2.

1.

d "Bypass" means a section of State Highways bypassing a town or city;

2.

1.

e "Concessionaire" means a person with whom an agreement has been entered into under Section 19-A of the Act;

2.

1.

f "Executing Authority" means an officer or authority notified by State Government;

2.

1.

g "Financial Year" means the year commencing on the 1st day of April of a year and ending on 31st day of March of the succeeding year;

2.

1.

h "Gross Vehicle Weight" in respect of any vehicle means the total weight of the vehicle and load certified and registered by the Registering Authority as permissible for that vehicle under the Motor Vehicles Act, 1988 (59 of 1988);

2.

1.

i "Lane" means a lane forming part of the main carriageway and having a minimum width of three meters and fifty centimetres;

2.

1.

j "Mechanical Vehicle" means any vehicle driven under its own power including a motor vehicle as defined under the Motor Vehicles Act, 1988;

2.

1.

k "Notification" means a notification published in the Official Gazette;

2.1.1"Private investment project" means a project relating to section of State Highway/Major District Roads, Standalone Structures as the case may be, for which an agreement is entered into with a concessionaire who has invested in the project;

2.

1.

m "Public funded project" means a project which is not a private investment project, as defined in clause (1) above and includes a private investment project in respect of which the agreement has expired;

2.

1.

n "Structure" means a Bridge/Tunnel/Elevated Highway. -

2.

1.

n.a "Bridge" means structure build to span physical obstacles such as a water body, valley or road for the purpose of providing passage over the obstacle;

2.

1.

n.b "Tunnel" means a passageway completely enclosed except for opening for entrance and exit;

2.

1.

n.c "Elevated Highway" means any section of State Highways/ Major District Roads above ground level through support of piers or columns;

2.

1.

o "Toll Plaza" means any building, structure or booth constructed for collection of Fee;

2.

1.

p "Expressway" means a State Highway having a divided carriageway suitable for high speed traffic and with control of access.

2.2Words and expressions used herein and not defined, but defined in the State Highways Act, 1964 shall have the meaning respectively assigned to them in the Act.

3. Levy of fee.

- 3.1 The State Government may by notification, levy fee for the use of any section of State Highways, Standalone Structures forming part of the State Highways, as the case may be, in accordance with the provisions of these rules:Provided that the State Government may by, notification, exempt any section of State Highways, Standalone Structures constructed through a public funded project from levy of such fee or part thereof, and subject to such conditions as may be specified in that notification.

3.2The collection of fee levied under sub-rule 3.1, shall commence within forty-five days from the date of completion of the section of State Highways, Standalone Structures as the case may be, constructed through a public funded project.

3.3No fee shall be levied for the use of the section of State Highways, Standalone Structures as the case may be, on two wheelers, three wheelers, tractors, animal drawn vehicles and agriculture transport vehicles:Provided that three wheelers, tractors, animal drawn vehicles and agriculture transport vehicles shall not be allowed to use the section of State Highways and Standalone Structures as the case may be, where a service road or alternative road is available in lieu of the said State Highways, Standalone Structures:Provided further that where service road or alternative road is available and the owner, driver or the person-in-charge of a two wheeler is making use of the section of State Highways, Standalone Structures as the case may be, he or she shall be charged 50% (fifty per cent) of the fee levied on a car.Explanation. - For the purposes of this rule. -

3.

a. "Alternative Road" means such other road, the carriageway of which is more than ten meters wide and the length of which does not exceed the corresponding length of such section of State Highways by twenty per cent, thereof;

3.

b "Service Road" means a road running parallel to a section of the State Highways which provides access to the land adjoining such section of the State Highways.

3.4Toll fee notified by the State Government under these rules shall be rounded off and levied in multiple of the nearest rupees five.

4. Base rate of Fee.

- 4.1 The rate of fee for use of section of State Highways, Standalone Structures constructed through public funded project or private investment project shall be identical.

4.2The rate of Fee for use of a section of State Highways, Standalone structures of four or more lanes shall, for the base year 2007-2008, be the product of the length of such section multiplied by the following rates, namely. -

Sl.No.	Category of Vehicle	Basic rate of Fee per Kilometer in Rs.
1	2	3
1	Car, van, jeep or Light Motor Vehicle	0.65
2	Light Commercial Vehicles, Light Goods Vehicleor Mini bus	1.05
3	Bus or Commercial Vehicle (Two axle)	2.20
4	Bus or Commercial Vehicle (Three Axle)	2.24
5	Heavy Construction Machinery (HCM) or EarthMoving Equipment (EME) or Multi Axle Vehicle (MAV) (four or sixaxles)	3.45
6	Over-sized Vehicles (Seven or More axles)	4.20

Explanation. - For the purpose of this Para refer to the latest notifications of the Ministry of Road, Transport and Highways (MoRTH), Government of India.

4.

2.

a "Car" or "Jeep" or "Van" or "light motor vehicles" means any mechanical vehicle the gross vehicle weight of which does not exceeding 7.50 tonnes (seven thousand five hundred kilograms), or the registered passenger carrying capability as specified in the certificate of registration issued under the Motor Vehicles Act, 1988 does not exceed twelve excluding the driver;

4.

2.

b "Light commercial vehicle" or "light goods vehicle" or "mini bus" means any mechanical vehicle with a gross vehicle weight exceeding 7.50 tonnes (seven thousand five hundred kilograms) but less than 12.00 tonnes (twelve thousand kilograms) or the registered passenger carrying capability as specified in the certificate of registration issued under the Motor Vehicles Act, 1988 exceeds twelve passengers but does not exceed thirty two passengers excluding the driver;

4.

2.

c Commercial Vehicle "truck" or "bus" with two axles means any mechanical vehicle having two axles with a gross vehicle weight exceeding 12.00 tonnes (twelve thousand kilograms) but less than 20.00 tonnes (twenty thousand kilograms) or the registered passenger carrying capability as specified in the certificate of registration issued under the Motor Vehicles Act, 1988 exceeds thirty-two passengers excluding the driver;

4.

2.

d Commercial Vehicle "truck" or "bus" with three axle vehicles means any mechanical vehicle having three axles (inclusive of the axle of the tailor if any) and with gross vehicle weight less than or equal to 25.00 tonnes (twenty-five thousand kilograms) or the registered passenger carrying capabilities as specified in the certificate of registration issued under the Motor Vehicles Act, 1988, exceeds thirty-two passengers excluding the driver;

4.

2.

e "Heavy construction machinery" or "earth moving equipment" or "multi axle vehicle" means heavy construction machinery or earth moving equipment or mechanical vehicle including a multi axle vehicle with four to six axles or vehicle with a gross vehicle weight exceeding 20.00 tonnes (twenty thousand kilograms) but less than 60.00 tonnes (sixty thousand kilograms); and

4.

2.

f "Oversized vehicle" means any mechanical vehicle having seven or more axles or vehicle with a gross vehicle weight exceeding 60.00 tonnes (sixty thousand kilograms).

4.3The rate of fee for the use of a section of a State Highway having two-lanes with paved shoulders and above but below four lane on which substantial improvement had been done with widening the carriageway by three meters or more shall be seventy per cent (70%) of the rate of fee specified under sub-rule 4.2.

4.4The rate of fee for use of bypass forming part of a section of a State Highways constructed with the cost of rupees five crore or more, for the base year 2007-08, shall be one and half times the rate of fee specified in sub-rule 4.2:Provided that while computing fee for the section of State Highways of which such bypass forms a part, the length of such bypass shall be excluded from the length of such section of State Highways:Provided further that where the cost of such bypass, is less than Rupees Five crore, then the rate of fee, for the use of said bypass be the same as that of the section of the State Highways of which it forms a part.

4.5Notwithstanding anything contained in this rule the rate of fee for use of a section of a Highway consisting of bypass or tunnel constructed on or after 11th September, 1956 but before 5th December, 2008 through public funded project or built, operate and transfer (annuity) project, shall be the same as provided in sub-rules 4.2 and 4.3 for the section of a Highway and shall be revised in accordance with the provisions of Rule 5:Provided that notwithstanding whether the section of the Highway or the bridge has been taken for further lane up-gradation or not, the increase in the rate of fee for use of a section of such Highway, permanent bridge, bypass or tunnel constructed through any public funded project or any build, operate, transfer (annuity) project constructed before the commencement of the said rules, shall not be increased after the commencement of these rules by more than twenty-five per cent (25%) 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 (25%) of the rates of fee applicable in the immediately preceding year.Explanation. - For the purpose of sub-rules 4.4 and 4.5.-

4.

5.

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;

4.

5.

b The cost for public funded project shall be the cost as assessed by the Executing Authority six months prior to completion thereof.

4.6The rate of fee for use of an expressway shall be 1.25 times the rate specified in sub-rule 4.2.

4.7In case of private investment projects, the rate of fee shall be as specified under sub-rule 4.2 or such lower rates as concessionaire may determine by giving public notice to the users, specifying in all or any category of vehicles.

4.8The rate of fee for a section of a four lane highway shall on and from the commencement of the work relating to up-gradation to six laning be seventy-five per cent (75%) of the fee applicable on the date of commencement of these rules, till the completion of the project without 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 purpose of this rule, any provisional completion of the project shall not be treated as completion of the project.

4.9The rate of fee for the use of standalone structure as well as structure forming a 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 factor of ten:Provided the structure of 60 meters of length or less, on a liner Highway/Expressway will be considered a part of the normal length of Highway/Expressway for calculation of fee.

5. Annual revision of rate of fee.

- 5.1 The rates specified under Rule 4, shall be increased without compounding, 3% (three per cent) each year with effect from the 1st day of April, 2008 and such increased rate shall be deemed to be the base rate for the subsequent years.

5.2The applicable base rate shall be revised annually with effect from April 1 each year to reflect the increase in the wholesale price index for the month of December of the year, in which such revision is undertaken but such revision shall be restricted to forty per cent of the increase in wholesale price index.

5.3The formula for determining the applicable rate of fee shall be as follows:

| Applicable rate of fee=| base rate + base rate x (WPI A - WPI B) x 0.4WPI B|

Illustrations. - The rate of fee for car/jeep/van computed for the year 2014-15 is shown below. -

(a)Applicable rate of fee shall be the rate payable by the user;

(b)Base rate shall be the rate specified in the Rule 4 read with sub-rule 5.1;

(c)WPI A means wholesale price index of and wholesale price index for the month of December of the year, immediately preceding the date of revision under these rules; and

(d)WPI B means the wholesale price index for the month of December of the year, preceding year of immediate preceding year 2013, i.e. for December, 2012 (168.80) of all commodities.

Illustration. - If the revision is to be made for the year 2014-15 by applying the wholesale price index of the month ending on December 2013 (i.e. 179.20), then the rate for car, Jeep or van will be as computed below:

| Applicable rate of fee=| 0.943 + 0.943 x (179.20-168.80) x 0.40 = 0.9671168.80|

5.4Annual revision of rate of fee under this rule shall be effective from first of April every year.

6. Collection of Fee.

- 6.1 Fee levied under these rules shall be collected by State Government or the Executing Authority or the concessionaire, as the case may be at the toll plaza.

6.2Every driver, owner or person-in-charge of a mechanical vehicle shall for the use of the section of State Highway, Standalone Structures before crossing the toll plaza, pay the fee specified under these rules.

6.3The fee collected under these rules shall be paid either in cash or through smart card 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.

6.4Any 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 State Government, the Executing Authority or the concessionaire, as the case may be, for such installation and no interest shall accrue on such security deposit.

6.5The person receiving such fee under sub-rule 6.2, 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.

6.6The fee shall be collected in perpetuity by the State Government or the Executing Authority, as the case may be, and for a specified period in accordance with the terms of the agreement entered into by the concessionaire.

6.7The fee as notified as per the 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 State Government or Executing Authority at a reduced rate of the fee on the date of transfer of such section of State Highways/Major District Roads, standalone bridge, bypass or tunnel as the case may be, to be revised annually in accordance with these rules.

6.8In respect of public funded projects the fee levied under these rules shall be collected by the State Government or the Executing Authority, as the case may be, through its own officials or through a contractor on its behalf.

7. Remittance and appropriation of fee.

- 7.1 In case of public funded projects, the fee collected under the provisions of these rules by every Executing Authority shall be remitted to State Government:Provided that State Government may by notification allow any or all executing authorities to appropriate the whole or any part of the fee for such purpose and subject to such conditions as may be specified in the said notification:Provided further that in case of private investment projects, the fee collected under the provisions of these rules shall be appropriated by the concessionaire in accordance with the provisions of and for the performance of its obligations under the agreement entered into by such concessionaire.

7.2Every Executing Authority shall remit to State Government, the amount of fee collected over and above the amount permitted to be appropriated by the Executing Authority under sub-rule 7.1, within ninety days from the date of the closing of the financial year along with an annual return showing the amount collected and the expenditure incurred on collection of fee, including the administrative and management expenses.

7.3State Government shall by notification determine the administrative and management expenses which may be allowed to be deducted and retained by the Executing Authority.

8. Location of Toll Plaza.

- 8.1 The Executing Authority or the concessionaire, as the case may be, shall establish a toll plaza beyond a distance of ten kilometers from a municipal or local town area limits:Provided that the Executing Authority may, for reasons to be recorded in writing, locate or allow the concessionaire to locate a toll plaza within a distance of ten kilometers of such municipal or local town area limits, but in no case within five kilometers of such municipal or local town area limits:Provided further that where a section of the State Highways, Standalone Structure as the case may be, is constructed within the municipal or town area limits or within five kilometers from such limits, primarily for use of the residents of such municipal or town area, the toll plaza may be established within the municipal or town area limits or within a distance of five kilometers from such limits.

8.2Any other toll plaza on the same section of State Highways and in the same direction shall not be established within a distance of sixty kilometers:Provided that where the Executing Authority deems necessary, it may for reasons to be recorded in writing, establish or allow the concessionaire to establish another toll plaza within a distance of sixty kilometers.

9. Discounts.

- 9.1 A driver, owner or person-in-charge of a mechanical vehicle who makes use of the section of State Highways, Standalone Structures may opt for such pass and he or she shall have to pay the fee in accordance with the following rates, namely. -

Amount Payable	Maximum number of. one-way journeys allowed	Period of Validity
One and half times of the fee for one-wayjourney	Two	Twenty-four hours from the time of payment
Two-third of amount of the fee payable for fiftysingle journeys	Fifty	One month from the date of payment

9.2The Executing Authority or the concessionaire, as the case may be, shall upon request provide a pass for multiple journeys to cross a toll plaza within the specified period at the rates as specified in sub-rule 9.1.

9.3A person who owns a mechanical vehicle registered for non-commercial purposes and uses it as such for commuting on a section of State Highways/Major District Roads, standalone structures, or bypass may obtain a pass, on payment of fee at the base rate for the year 2007-08 of Rs. 150/- per calendar month and revised annually in accordance with Rule 5, authorising it to cross the toll plaza specified in such pass:Provided that such pass shall be issued only if such driver, owner or person-in-charge of such mechanical vehicle resides within a distance of twenty kilometers from the toll plaza specified by such person and the use of such section of State Highways, Standalone Structures as the case may be, does not extend beyond the toll plaza next to the specified toll plaza:Provided further that no such pass shall be issued if a service road or alternative road is available for use by such driver, owner or person-in-charge of a mechanical vehicle.

9.4A person who owns a commercial (excluding vehicle plying under National Permit), registered with address on the registration certificate of a particular district and uses such vehicle for commuting on a section of the State Highways, Standalone Structures as the case may be, which is located within that district, shall be levied users fee on all toll plazas which are located within that district, at a rate of fifty per cent of the prescribed rate of fee:Provided that no such concession shall be provided, if a service road or alternative road is available for use by such commercial vehicles.

9.5No pass shall be issued or fee collected from a driver, owner or person-in-charge of a mechanical vehicle that uses part of the section of a State Highways/Major District Roads and does not cross a toll plaza.

10. Rate of fee for overloading.

- 10.1 Without prejudice to the liability of the driver, 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 the permissible load specified for its category under sub-rule 4.2, shall not be permitted to use the State Highways of crossing the toll plaza until the excess load has been removed from such mechanical vehicle;

10.

1.

a The driver or owner or a person-in-charge of a mechanical vehicle shall be liable to pay fee, for entering the overloaded vehicle on the State Highways to the toll collection agency, equal to 10 times of the fee applicable to such category of mechanical vehicles under sub-rule 4.2;

10.2The weight of a mechanical vehicle, as recorded at a weighbridge installed at the toll plaza, shall be the basis for levying the fee for overloading under this rule:Provided that where no weighbridge has been installed at the toll plaza, no fee for overloading shall be levied and collected and the driver, owner or person-in-charge of the mechanical vehicle shall be liable to pay Toll fee or user fee applicable for such vehicle only.

11. Exemption from payment of fee.

- 11.1 The State Government further declares that following category of vehicles shall be exempted from the payment of the toll while crossing these toll plazas.

11.

1.

a All vehicles belonging to the Government of India, Government of Karnataka, undertaking vehicles of Government of Karnataka including Private Vehicles engaged on Government duty with valid pass including Yellow Board Vehicles also except the vehicles engaged in Commercial or freight purpose;

11.

1.

b Vehicles belonging to the Hon'ble Member of Parliament and Member of Legislative Assembly;

11.

1.

c All vehicles belonging to Defence Department, Indian Posts and Telegraph Department, GOI on duty;

11.

1.

d The Central and State armed forces in uniform including para military forces and police;

11.

1.

e The awardee of prestigious International/National awards, if such awardee produces his photo identity card duly authorised by the appropriate or Competent Authority for such award;

11.

1.

f All vehicles belonging to Freedom fighters and Accredited Journalists if such person produces his photo identity card duly authorised by the appropriate or Competent Authority.

11.2Used as. -

11.

2.

a Ambulances

11.

2.

b Fire Fighting vehicles

11.

2.

c Hearse (funeral) vanNote. - The driver of the vehicle/van so exempted from payment of toll shall state his name and name of duty on which he is engaged.

12. Display of information.

- 12.1 The Executing Authority or the concessionaire, as the case may be, shall public a notice specifying the amount of fee to be charged from the mechanical vehicle, in at least one Newspaper, each in English and Kannada language, having a wide circulation in such area.

12.2The Executing Authority shall prominently display in Hindi and English one thousand meters ahead of the toll plaza and in English and Kannada language five hundred meters ahead of the toll plaza.-

12.

2.

a The amount of fee payable for each class of vehicles and the discounts available under Rule 9;

12.

2.

b The categories of vehicles exempted from payment of fee; and

12.

2.

c The name, address and telephone or contact number of the Executing Authority or the concessionaire, as the case may be.

12.3The height of the display boards, their quality and size of lettering shall be clearly visible and legible to the users.

13. Unauthorised Collection.

- 13.1 An officer authorised by the State Government or by the Executing Authority, as the case may be, may assess the excess fee collected, if any, by the Executing Authority or the concessionaire, as the case may be, and recover the same from such authority or the concessionaire, along with an additional sum equal to twenty-five per cent, of the excess fee collected:Provided that no recovery of such excess fee shall be made unless an opportunity of hearing has been given to the Executing Authority or the concessionaire, as the case may be.

13.2Any driver, owner or person in-charge of a mechanical vehicle aggrieved by unauthorised collection of fee, may lodge a complaint with the officer authorised by the State Government or the Executing Authority, as the case may be, in this behalf, who shall after hearing the parties pass an order on such complaint for refund of excess payment and damages for the inconvenience suffered by such user within thirty days.

14. Failure to pay fee.

- 14.1 If any driver, owner or person-in-charge of a mechanical vehicle does not pay or refuses to pay the fee for use of State Highways, Standalone Structures his or her vehicle shall not be allowed to use such section of State Highways, Standalone Structures, and in case such vehicle obstructs the normal flow of traffic, the Executing Authority or the concessionaire, as the case may be, may get such obstructing vehicle removed from the State Highways, Standalone Structures, as the case may be.

14.2Where the driver or the person-in-charge of a mechanical vehicle refuses or fails to pay the fee levied under these rules, the same shall be recovered from the registered owner of the mechanical vehicle.

14.3Where the State Government, Executing Authority or the concessionaire, as the case may be, has reason to believe that a mechanical vehicle is plying on a section of the State Highways, Standalone Structures without payment of fee due, it may stop such vehicle for the purpose of verifying the payment thereof and collect the fee due from such vehicle.

15. Power of State Government to verify records.

- An officer duly authorised by the State Government or the Executing Authority, as the case may be shall have the power to verify the collection of fee, and inspect any document, records, other information, receipts or reports of the Executing Authority or the concessionaire, as the case may be.

16. Collection of fee in respect of Private Investment Project.

- 16.1 The fee levied under the provisions of sub-rule 3.1 shall be collected by the concessionaire till its agreement is in force.

16.2On and from the date of expiry of the agreement specified under sub-rule 3.1, the fee levied shall be collected by the State Government or the Executing Authority, as the case may be through its own officials or through agency/contractor on its behalf.

17. Bar for installation of additional barrier.

- No barrier shall be installed at any place, other than at the toll plaza, except with the prior permission in writing of the State Government or the Executing Authority, as the case may be, who after being satisfied that there is evasion of fee, may allow on such terms and conditions as it may impose, the installation of such additional barrier by the State Government, the Executing Authority or the concessionaire, as the case may be, within ten kilometers from the toll plaza, to check the evasion of fee:Provided that the State Government or the Executing Authority, as the case may be, may, at any time, for reasons to be recorded in writing, withdraw such permission:Provided further that where State Government or the Executing Authority, as the case may be, do not allow installation of an additional barrier by the concessionaire, the reasons for such refusal shall be communicated to such concessionaire within a reasonable period.

18. Repeal and Savings.

- The Karnataka Private Investments Project (Road Toll or User Fee Determination of Rates and Collection) Notification, 2009 is hereby repealed:Provided that such repeal shall not.

18.

a Affect the previous operation of the said notification or anything done or any action taken thereunder;

18.

b Affect any right or obligation which had accrued or incurred under the said notification.

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