THE NATIONAL HIGHWAYS (COLLECTION OF FEES BY ANY PERSON FOR THE USE OF SECTION OF NATIONAL HIGHWAYS/ PERMANENT BRIDGE/TEMPORARY BRIDGE ON NATIONAL HIGHWAYS) RULES, 19971 In exercise 0/ the powers conferred by section 9 read with section 8A of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules for Collection of Fees by any Person for the Use of Section of {my National Highways/Permanent Bridges/Temporary Bridges an National Highways, mmclyzi
1. Short title.—(i) These rules may be called the National Highways (Collection of Fees by any Person for the Use of Section of National Highways/ Permanent Bridge/Temporary Bridge on National Highways) Rules, 1997‘
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions—4n these rules, unless the context otherwise requires,—
(a) ”mechanical vehicle” means any laden or unladen vehicle designed to be driven under its own power, including a motor vehicle, as defined in clause (28) of section 2 of the Motor Vehicles Act of 1988 (59 of 1988);
03) “section of national highway/permanent bridge/ temporary bridge" means that length of national highway/permanent bridge/ temporary bridge on national highway notified by the Central Government in Official Gazette tor the development/maintenance of which an agreement has been entered into between the Central Government and any person;
Z[(c) “person" shall include any company or association or body of individuals whether incorporated or not]
3. Agreement and rate of fee—(1) The Central Government may enter into an agreement with any person in relation to development and maintenance of the whole or any part of a national highway/permanent bridge/ temporary bridge on national highway as it may decide, whereby the person may be permitted to invest his own funds tor the development/maintenance of a section of national highway/permanent bridge/ temporary bridge and to collect and retain the fees at agreed rates from different categories of mechanical vehicles for an agreed period for the use of the facilities thus created, subject to the terms and conditions of the agreement and these rules.
1. Vida can. 62 (E), dated 6th February, 1997, published in the Gazette of India, Extra, Pt. 11, Sec. 3m, dated 6th February, 1997, pp. 2.3.
2 Insr by G.S,R. 336 (E), dated 13th April, 2000 (wet, 17-41000) 68 The National Highways (Collection of Fees. etc.) Rules, 1997 69
(2) The rates of fees and the period of collection shall be decided and shall be specified by notification in the Official Gazette by the Central Government having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such section, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement.
(3) On completion of the period of collection of fees by the person, as per the agreement, all rights pertaining to the sectron/permanent br1dge/ temporary bridge on national highway shall be deemed to have been taken over by the Central Governinent and that Government shall continue with the collection of fees asnotified frOm time to time.
A - 1[(4) The rates of fee, the categories of vehicles exempted from payment of fee and the name, address and telephone number of the authority to whom complaints, if any, should be addressed, shall be conspicuously and prominently displayed 500m ahead of the toll booths, 100m ahead of the toll booths and at the toll booths also, the height of the displayboards and size of letters being such that it is easy for drivers to read the display boards]
4. Modalities of fee collection.—-—-(1) The mode of fee collection shall be decided by the person referred to in sub-rule (1) of rule 3
(2) A table of fees authorised to be collected on any section of national h1ghway/permanent bridge/ temporary bridge on national highway shall be put upby such person in a conspicuous place near a fee collectionbooth legibly written or printed in English, Hindi and the regional language of the area in which the national highway is situated.
5. Incharge of fee collection.——2[(1) The person authorised to collect and retain the fees under these rules shall nominate an official as in-charge of fee collection,and the person as also the official so nominated shall be responsible to ensure that fees are collected at not more than the agreed rates and the fee collection is smooth without Causing undue hardship to the road users, and for all other matters connected with the fee collection of section of national highway/permanent bridge/ temporary bridge:
Frovidéd- that no fee: shall be payableorcollected in respect of the followingvehicles, namely:——, ‘ i 3[(i) vehicles— ‘ _ (A) having ”VIP” symbols; or .
officially belonging to—-—
(a) President of India;
(b) Vice—President of India; V
(c) Governor of a State or Lt. Governor of a Union Territory;
(d) a Foreign Dignitary on State visit to India;
1. Ins. by G.S.R. 336 (E), dated 13th April, 2000 (w.e.f. 17-4-2000).
2. Subs. by G.S.R. 336 (E), dated 13th April, 2000 (w.e.f. 17-4-2000).
3. Subs. by G.S.R. 843 (E), dated 27th October, 2003 (W.e.f. 27-10-2003).
70 The National Highways (Collection of Fees are.) Hale's; 21997
(e) a foreign diplomat stationed in india usmg carswith ”CD”/ , ”CC” number plates;
(f) Chairman of Rajya Sabha or Speaker of Lok Sabhaor Chairman of a State Legislative Councilor Speaker at a State Legislative Assembly or a Minister for the union or State,or Leaders of Opposition in Lok Sabha or Rajya Sabha or State Leglslatures having the status of Cabinet Minister, ifhe iss1tt1ng in the vehicle, or '
(g) a Member of Parliament, in the entire country, or a Member of Legislative Assembly of a State or a Member of Legislative Council of a State, in the respective State, if he produces his ' identity card issued by the Parliament orconcerned Legislature / of a State, asthe case may be;
“ - (B) belonging to winner of Gallantry awards such as; ParamVir Chakra, AshOk Chakra, Maha Vir Chakra, Kirti Chakra, VirChaiéi' and Shaurya Chakra, if Such awardeeproduceshis photo .
duly authenticated by the Competent Autho ty_forsuch ward.]
(ii) Defence vehicles, Police vehicles, Firé- Ambulances, Funeral vans, Posts and Telegraphs Department vehicles and Central Government and State Government vehicles on duty] '
(2) The name, address andtelephonenumber, if any, Of the incharge of a fee ColleEtion shallbe displayed at suitable and conspicuous locations 6 Venf1cation of fee collection.—(1) It shall bethe responsibilityof the person referred to in sub-rule (1) of rule 3 to strictly ensure that all feestleviable are 1eVied,iully collected and correctly maintained TheVpers ' certified and audited copies of the statements of fee coll ’ intervals as required under the notification for fee collection under sub-rule (2) of rule 3. The auditor shall be appointed by the Government “
(2) The Central Governmentshall have the rightVt [checkthefee collection at any or all times through their designatedofficer
7. Persenbohave rights,to- regulate traffic—-Thepersonreferred toinsub— rule (1) of rule 3 shall have powers to regulate and control the traffic,-on such section of national h13hway/permanent bridge/ temporary bridge on national highway relating to which he is authorised to collect eres under these rules,in accordance with the provisions contained in ChapterVIII of the Motor Vehicles Act, 1988 for proper management thereof.- , ~ .
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