(l) Without prejudice to the liability of the driveq owner or a person in charge of a mechanical vehicle under any law for the time being in force, a mochanical vehicle which is loaded in excess of the permissible load specified for its category under sub-rule (2) ofrule 4, shall be bound to pay fee at such rate which is applicable for the next higher category of mechanical vehiclss;
Provided that th6 payment of such fee for overloading shall not entitle a 'driver or owner or a person in charge of a mechanical vehicle to make use of such State highway, MDR, ODR and his or her vehicle shall be prevented from usiag the State highway, MDR, ODR or crossing the toll pla-a until the excess load has boen removed from such mechanical vehicle.
(2) The u/eight ofa mechanical vehicle, as recorded at a weighbridge installed at the toll plaza, shall bc the basis for levying the fee for overloading undor tlus rule;
Provided that where no weighbridge has been installed at the toll plaza, to fee for overloading shall be levied and collected wrder this rule and the driver, owner or person irrcharge of the mechanical vehicle shall be liable to pay fee applicable for such vehicle only.
lI; Ercmption from prymcnt of fee.- (l)No fee shall be levied and collected ftom a mechanical vehicle, -
(a) transporting and accompauying-
(i) the President of India;
(ii) the Vice-President of Indial
(iii) the Prime-Minister of India;
(iv) Ore Govemor of a State
(v) the Chief Justice of lndia;
(vi) the Speaker of the House of the People;
(vii) the Cabinet Minister of the Union;
(viii) the Chief Minister of a State;
(ix) the Judgo of the Supreme Court;
(x) the Minister of State of the Union;
(xi) the Lieutenant Govemor of a Uaion Territory;
(xii) the Chief of Staff holding the raok of firll Goaeral or equivalent rank;
(xiii) the Speaker of the Legislative Assembly of the State;
30 gr{cr!-s rrq-e (s11rErT{o1), qrra{-fl{.g q{. zorr
(xiv) the Chief Justice of High Court;
(xv) the Judge of High Court;
(xvi) the Member of Parliament fiom the state;
(xvii) the Army Commander or Vice Chief of Army Staff and equivaleot in other services;.
(xviii) the Chief Secretary to Govornment of Jharkhand;
(xix) the Secretary to Government of India;
(xx) the Secretary , Cormcil of States;
(xxi) the Secretary, House of the People;
(xxii) the Foreign dignitaries on State visit;
(xxiii) the Member of Legislative Assembly of Jharkhand' if he or she produces his or her identity card issued by the Legislature of the State;
(xxiv) 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 authonty for such award,
(b) used for ofEcial 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 there under, as ' extended to Na1:f also;
(ii) the Central and State armed forces in uniform including para military forces and Police;
(iii) Commissioner of a Division or a District Magistrate or an executive Magistrate;
(iv) the fire-frghting department or organisation;
(v) the State Highways Authority, Executing Agency or any other organisation or person using such vehicle for i[spection, survey, construction or operafion and maintenance thereof; and
(vr) Secretary to Govemnent of Jharkhand & equivalent offlrcials
(vii) Govemment vehicles on government duty
(c) Vehicles used as ambulance; and
(d) Vehicles used as firneral van.
grcrE-g q-se (slslErrqur), {rrtrqr{ s tr{, zorr 12, Display of Information. - (l) The executing authority or the concessionaire as the case may be, shall pubtish a notice specifying the amount of fee to be charged from the mechanical vehicle, in at least one N ewspaper each, in English and Hindi, having a wide circulation in such area'
(2) The executing authority shall prominently display in Hindi and English oue thousand. meters ahead of the toll plaza and in Englislt and local language five hun&od meters ahead of the toll Plaza.-
(i) the amount of fee payable for each class of vehicles and the discounts available rmder nrle 9;
(ii) the categories ofvehicles exempted from pa5rment offee; and
(iii) the name, pddress and telephone or contact number of the executing authority or the concessionaire, as the case may be'
(3)Theheightofthedisplayboards,theirqualityandsizeofletteringshallbe clearly visible and legible to the users.
13, Unauthorised collection.- (l) An officer authorised by the Govemment 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 fiom such authority or the concessionaire, along with an additional sum equal to twenty five percent 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 concessionaire, as the case may be.
(2) Any &iver, owner or person Incharge of a mechanical vehicle aggr:ieved by unauthorised collection of fee, may lodge a complaint with the officer authorised by tho Government or the executing authority' as the case may be' in this behal! who shall after hearing the parties pass an order on such complaint for refi'urd of excess pafnont and damages for the inconvenience suffered by such user within thirty days'