Rajasthan State Highways Fee (Determination of Rates and Collection) Rules, 2015
1. Short title, commencement and application 01 TABLE OF CONTENTS
2. Definitions OJ
3. Levy of fee 02
034. Base rate of fee
5. Annual revision of rate of fee 05
16.· Collection of fee in respect of PPP Project J 7. Bar on installation of additional barrier II
6. Collection of fee ;- 06
7. Remittance and appropriation of fee 07
9. Discounts 07 08
8. Location of toll plaza
10. Rate offee for overloaded vehicles 09
11. Exemption from payment of fee 09
13. Unauthorized collection 10 10
12. Display of Information
15. Power of State Government to verify records 10 II
14. Failure to pay fee J I
18. Repeal and Savings 11 ...
~ ~--q::;J UAJASTHAN GAZETTE fc\:itl'fiq] Extraordinary ~l!G 8, ~..rwqrX,~nqi 1937-~!f 29,2015 Jvaistha R, Friday, Saka J937-May 29,2015 1Wf 4 (lJ) \ill-~ (I) XT\RT ff 'i! <t> I'i! TIm 3RT XT\RT Yrf~rCf)T~m fTIXT \ifliT ~ l11T (ffl~l~ 31T~m,"B1f ~ 3llft "<t>T fffA:tRrid ~ ~~) ffllil~ ~-;:fi~lf I PUBLIC WORKS DEPARTMENT NOTIFICATION Jaipur, May 29, 2015 G.S.R. 32.- In exercise of the powers conferred by section 18 read with section 102 of the Rajasthan State Highways Act, 2014 (Act No. 22 of 20] 5), the State Government hereby makes the following rules for levy and collection of fee for use of sections of state highways, permanent bridges, bypasses and tunnels, namely:- t. Short title, commencement and application.- (l ) These rules may be called the Rajasthan State Highways Fee (Determination of Rates and Collection) Rules, 2015.
(2) They shall come into force on the date oftheir publication in the Official Gazette.
(3) They shall apply to agreements and contracts executed on or after commencement or these rules.
2. Definitions. - (1) In these rules, unless the context otherwise requires>
(a) "Act" means the Raj asthan State Highways Act, 2014 (Act No. 22 of 20 I 5);
(b) "base year" means the period from 1sr April 2015 to 31st March 2016;
(c) "bypass" means a section of the state highway bypassing a town or city;
(d) "concessionaire" means a person with whom an agreement has been entered into under sectien 19 of the Act;
(e) "elevated highway" means any section of state highway raised above ground level through support of piers or columns;
(f) "executing authority" means the Rajasthan State Highways Authority or an officer or authority notified by the State Government in this behalf;
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(g) "expressway" means a slate highway having a divided carriageway with control of access thereto and suitable for high speed traffic;
(h) "financial year" means the year commencing on the 151 day of April of a year and ending on 3 151 day of March of the succeeding year;
(i) "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 (Central Act No. 59 of 1988);
U) "lane" means a lane forming part of the main carriageway and having a minimum width of three meters and fifty centimeters;
k) "mechanical vehicle" means any vehicle driven under its own power including a motor vehicle as defined under the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988);
(1) "uotiflcation" means a notification published in the Official Gazette;
(m) "public private partnership project" or "PPP project" means a project relating to section of state highway, permanent bridge, bypass or tunnel, as the case may be, for which an agreement is entered into with a concessionaire;
(n) "public funded project" means a project which is not a PPP project, as defined in clause (m) above and includes a PPP project in respect of which the agreement has expired;
(0) "State" means the State of Rajasthan; and (P) "toll plaza" means any building, structure or booth made for collection of fee.
(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act
3. Levy of fee.- (1) The State Government may by notification, levy fee for use of any section of state highway, permanent bridge, bypass or tunnel forming part of the state highway, 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 highway, permanent bridge, bypass or tunnel 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.
(2) The collection of fee levied under sub-rule (1), shall commence within thirty days from the date of completion of the section of state highway, permanent bridge, bypass or tunnel, as the case may be, constructed through a public funded project.
(3) In case of a PPP project, the collection of fee levied under sub-rule (1) shall conunence in accordance with the terms of the agreement entered into by the concessionaire.
Provided that tractors and animal drawn vehicles shall not be allowed to use the section of state highway, permanent bridge, bypass or tunnel, as the case may be, where a service road or alternative road is available in lieu of the said state highway, permanent bridge, bypass or tunnel.
(4) No fee shall be levied for the use of a section of state highway, permanent bridge, bypass or tunnel, as the case may be, by two wheelers, tractors without trailer, tractors with trolley carrying agricultural produce and animal drawn vehicles:
Provided further that where a service road or alternative road is available and the owner, driver or the person in charge of a two wheeler is making use or the section of state highway, permanent bridge, bypass or tunnel, as the case may be, he or she shall be charged fifty per cent of the fee levied on a car.
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Explanation: For the purposes of this rule,-
(a) "alternative road" means such other road, the carriageway of which is more than three meters wide and the length of which does not exceed the corresponding length of such section of state highway, by twenty per cent thereof; and
(b) "service road" means a road running parallel to a section of the state highway which provides access to the land adjoining such section of the state highway.
(5) The fee notified by the State Government under these rules shall be rounded off and levied in a multiple of the nearest rupees five.
4. Base rate of fcc.- (I) The rate of fee for use of the section of state highway, permanent bridge, bypass or tunnel constructed through public funded project or PPP project shall be identical.
(2) The rate of fee for use of a section of state highway of two or more lanes shall, for the base year 2015-16, be the product of the length of such section multiplied by the following rates, namely'- S. Type of Vehicle Base rate of fee per km, No. (in rupees) 1 2 3
1. Car, Jeep, Van or Light Motor Vehicle or Tractor with 1.05 trolley carrying Non-Agricultural Produce
2. Light Commercial Vehicle, Light Goods Vehicle or Mini 1.60 Bus
3. Bus or Truck 3.l5
4. Heavy Construction Machinery (HeM) or Earth Moving 5.25 Equipment (EME) or Multi Axle Vehicle (MAV) (three to six axles) •• ---- - - ----- ---
5. Oversized Vehicles (seven or more a~Tes) 6.30
Explanation: For the purpose of this rule,-
(a) "car" or "jeep" or "van" or "light motor vehicle" or "tractor with trolley" means any mechanical vehicle, the gross vehicle weight of which does not exceed seven thousand live hundred kilograms or the registered passenger --- __ ----Lf':alJl·[)· Q!'illlJ1~T~Capabililyas specified in the certi ficatc of registration issued under the Motor Vehicles Act, 1988 ,entral Act No. 59 of (988) docs not exceed twelve, excluding the driver;
(b) "light commercial vehicle" or "light goods vehicle" or "mini bus" means any mechanical vehicle with a gross vehicle weight exceeding seven thousand five hundred kilograms but less than twelve thousand kilograms or the registered passenger carrying capability as specified in the certificate of registration issued under the Motor Vehicles Act, 1988 (Central Ad No. 59 of 1988), ~ exceeds twelve but does not exceed thirty two, excluding the driver;
(c) "truck" or "bus" means any mechanical vehicle with a gross vehicle weight exceeding twelv~ thousand kilograms but less than twenty thousand kilograms or the registered passenger carrying capability as specified in the certificate of registration issued under the Motor Vehicles Act, 1C)8g (Central Act No. 59 of 1988), exceeds thirty two, excluding the driver;
(d) "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 three to six axles or vehicle with a gross vehicle weight exceeding twenty thousand kilograms but less than sixty thousand kilogram; and
(e) "oversized vehicle" means any mechanical vehicle having seven or more axles or vehicle with a gross vehicle weight exceeding sixty thousand kilograms.
(3) The rate or fee for Lise of permanent bridge, bypass or tunnel constructed with the cost exceeding rupees five crorc, shall, for the base year 20 15-16, be as follows:- Base rate of fee (rupees per vehicle p of permanent Car, Jeep, Lighl Commercial ypass or tunnel Van or Light Vehicle, Light Good in crore) Motor Vehicle or Mini Bu.
Vehicle - 5 5.0 7.5- _. - -- ery additional ive crore or part exceeding even point five d up to rupees red crore. l.0 1.50_. - -- cry additional rve crorc or part .xcccding rupees dred crorc, 0.75 1.15 - ----- I ~J4.50 I----- I II I I_ 3.40_L 4.50 ~ - Cost bridge, b (rupees HeM, Oversize EME or d Vehicle MAV
22.0 s or s Bus
5.0 to 7.
For ev rupees fi thereof, rupees S crore an one hund .For ev rupees fi thereof, e one hun
15.0 30.0----1----_.- rr cr that where the cost of such permanent bridge, bypass or tunnel, as the '''" may be, is less than rupees five crore, and the said permanent bridge, bypass or tunnel, forms part of the section of state highway, then instead of above rate of Ice, the rate of fee specified under sub-rule (2) shall be applicable for such permanent bridge, bypass or tunnel.
Provided that while computing fee for the section of state highway on which a permanent bridge, bypass or tunnel costing rupees five crorc or more is situated, the length of such permanent bridge, bypass or tunnel shall be excluded from the length of such section of state highway and fee shall be levied at the rates specified for such permanent b. ;,;g , bypass .-;r Explartation: For the purpose of this sub-rule,-
(a) the cost of a PPP project, or any structure thereof: shall be the cost as assessed by the executing authority prior to invitation of bids from the concessionaire; and
(b) the cost for public funded project shall be the cost as assessed by the executing authority three months prior to completion thereof.
(4) The rate of fee for use of a section of state highway having a carriageway width of less than seven meters, on which substantial improvement has been made, shall be seventy five percent 0 f the rate specified in sub-rule (2).
(5) The rate of fee for use of a section of expressway shall be twice the rate specified in subrule (2):
Provided that the State Government may by notification specify a higher rate not exceeding three times the rate specified in sub-rule (2).
(6) The State Government may by notification declare any section of a state highway as a commercial section and specify that the rate of fee for use of such section by goods carrying commercial vehicles shall be twice the rate specified in sub-rule (2) or such higher rate not exceeding three times the rate specified in the sub-rule (2), as the State Government may specify.
5. Annual I'CVISlOll of rate of fcc.- (1) The rates specified under rule 4 shall be increased without compounding, by three percent each year, and such increased rate shall be deemed to be the base rate for the subsequent years. For the avoidance of doubt, the first increase hereunder shall come into effect on April 1,2016.
(2) The applicable base rates shall be revised annually with effect from I st April each year to reflect the increase in wholesale price index as applicable for January 1, 2015 and for January 1 of the year, in which such revislon is undertaken but such revision shall be restricted to forty percent of the increase in wholesale price index.
(3) The formula for determining the applicable rate of fee shall be as follows:- .Applicable rate of fee ~ base rate + base rate X {WPI ~;I~PI ~ X DAD
Explanation: For the purposes ofthis sub-rule>
(a) applicable rate or fee shall be the rate payable by the user;
(b) b:1f.e rate shall be the rate specified in rule 4 read with sub-rule (J) above;
(c) WPI A means the wholesale price index as applicable for I st January of the year in which such revision is undertaken; and
(d) WPI B means the wholesale price index as applicable for January 1,2015.
Illustration: If the revision is to be made for the year 2016-17 by applying the wholesale price index as applicable for January 1, 2016, then the rate for car, jeep or van will be 1.10 as computed below (assuming for the purposes of this illustration that the WPI as applicable for January I, ~ 2015 and for January I, 2016 is 100 and 105 respectively):
. . {OS-lOa}Applicable rate of fee: :.1.082·j I.OR2 X X 0.4 1.10 . 100
Explanation: The wholesale price index applicable for lst January of a particular year would be the wholesale price index as published for and in respect of December 3 Ist of the immediately preceding year.
(4) Annual revision of rate of fee under this rule shall be effective from l st of April every year.
6. Collection of fee.- (1) Fee levied under these rules shall be collected by the State Government, executing authority or the concessionaire, as the case may be, at the toll plaza.
(2) Every driver, owner or person in charge of a mechanical vehicle shall for the use of the section of state highway, permanent bridge, bypass or tunnel, before crossing the toll plaza, pay the fee specified under these rules.
(3) The 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.
(4) Any 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.
(5) The person receiving such fee under sub-rule (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 011 demand only.
(6) The fee shall be collected in perpetuity by the State Government or the authority, as the case may be, and for a specified period in accordancewuh-the- mmsonnif----j agreement entered into by the concessionaire.
(7) In 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.
7. Remittance and appropriation of fec.- (1) In case of public funded projects, the fee collected under the provisions of these rules by every executing authority shall be remitted to tHe State Government:
Provided that the State Government may by notification allow any or all executing authorities to appropriate the whole or any part of the fee for such purposes and subject to such conditions as may be specified in the said notification.
Provided further that in case of PPP 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.
(2) Every executing authority shall remit to the State Government, the amount of fee collected over and above the amount permitted to be appropriated by the executing authority under sub-rule (I), within ninety days from the date of the closing ofthe 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.
(3) The State 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> (1) The executing authority or the concessionaire, as the case maybe, shall not establish a toll plaza within a distance of five kilometers from the limits of a municipal or local town area:
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 five kilometers of such limits of a municipal or local town area, but in no case within two kilometers of such limits of a municipal or local town area.
Provided further that when; a section of the state highway, permanent bridge, bypass or tunnel, as the case n1C1Y be, ~ constructed within the municipal or town area limits or within two kilometers from such limits, primarily for use of the residents of such municipal or town area, the toll plaza may be established within the limits of the municipal or town area or within a distance of two kilometers from such limits.
(2) Any other toll plaza on the same section of state highway and in the same direction shall not be established within a distance of forty kilometers:
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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 forty kilometers.
Provided further that a toll plaza may be established within a distance of forty kilometers from another toll plaza if such toll plaza is for collection of fee for a permanent bridge, bypass or tunnel.
Provided also that two toll plazas on the same state highway may be established within a distance of forty kilometers if they are located on different sides of a town having a population exceeding twenty thousand.
Provided also that the restrictions specified in this rule shall not apply to a section of the state highway specified in sub-rule (6) of rule 4.
9. Discounts. - (1) The 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 specified in sub-rule (2).
(2) A driver, owner or person in charge of a mechanical vehicle who makes use of the section of state highway, permanent bridge, bypass or tunnel, may opt for a pass under sub-rule (1) upon payment of fee in accordance with the following rates, namely:- S. Amount payable Maximum Period of validity No. number of one way journeys allowed -- 1 2 3 4 ... _ .........•. __ .... ._---_ ..._.__ .__ .. -.--........ -- ...-l. One and half times of the fee for one Two Twenty four hours from the f--' way Journey time of payment
2. Two-thirds of the amount of fee Fifty One month from the date of ........ _ ...... __payable for fifty singl_~j~_~I!.~~~:l~:._________ paY!!l:~~~_....._._---_ ..
(3) A person who owns a mechanical vehicle registered for non-commercial purposes and uses it as such for commuting on a section of state highway, permanent bridge, bypass or tunnel, may obtain a pass, on payment of fee at the base rate of rupees two hundred per calendar month applicable for the year 2015-16 and revised annually in accordance with rule 5, authorizing 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 highway, permanent bridge, bypass or tunnel, 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,
(4) No pass shall be issued or fee collected from a driver, owner or person in charge 0(' (J mechanical vehicle that uses part of the section of a state highway and does not cross a loll plaza.
10. Rate of fee for overloaded vchicles.- (L) Without prejudice to the liabi I it y 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 loaded in excess of ten percent of the permissible load specified for its category under sub-rule (2) of rule 4, shall be liable to pay fee at the rate which is applicable for the next higher category of mechanical vehicles and shall also pay an equivalent amount for causing potential damage to the road structure:
Provided that the payment of such fee for overloading shall not in any manner entitle a driver or owner or a person in charge of a mechanical vehicle to make use of such state highway and his or her vehicle shall be prevented from using the state highway or crossing the toll plaza until the excess load bas been removed from such mechanical vehicle.
(2) The weight of a mechanicaT 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 under this rule and the driver, owner or person incharge of the mechanical vehicle shall only be liable to pay the fee applicable for such vehicle.
11. Exemption from payment of fee. - (1) No fee shall be levied and collected from a mechanical vehicle,-
(a) Transporting and accompanying,-
(i) President of India;
(ii) Vice President of India;
(iii) Prime Minister ofIndia;
(iv) Speakers ofLok Sabha and Rajya Sabha;
(v) Union Ministers;
(vi) Judges of Supreme Court;
(vii) Governor of Rajasthan;
(viii) Chief Minister of Rajasthan;
(ix) Speaker of Rajasthan Vidhan Sabha;
(x) Ministers of Rajasthan Government;
(xi) Judges of Rajasthan High Court;
(xii) Lok Pal and Lokayukta of Rajasthan;
(xiii) Chief Secretary to Government of Rajasthan;
(xiv) Governors and Chief Ministers of other States; and
(xv) Foreign dignitaries on State visit.
(b) Vehicles transpOlting,-
(i) Secretaries to Government of Rajasthan;
(ii) Members of Parliament;
(iii) Members of Legislative Assembly;
(iv) Executive Magi~trates within their jurisdiction; and
(v) Zila Pramukh in his/ her district.
(c) Vehicles of Defence and Para Military forces;
(d) Vehicles of Police Department;
(e) Fire Fighting Vehicles;
· . ...
(I) Ambulances;
(g) Funeral Vans; and
(h) Vehicles of the Rajasthan State Highways Authority.
12. Display oflnformation.- (1) The executing authority or the concessionaire, as the case may be, shall publish a notice specifying the amount of fee to be charged from different categories of mechanical vehicles, in at least one newspaper each, in Hindi and English language, having a wide circulation in the local area.
(2) The executing authority or the concessionaire, as the case ma.y be, shall prominently display in Hindi and English one thousand meters and five hundred meters respectively ahead of the toll plaza,-
(1) The amount of fee payable for each class of vehicles and the discounts available under rule 9;
(ii) The categories of vehicles exempted from payment of fee; and
(iii) The name, address and telephone or contact number of the executing authority or the concessionaire, as the case may be.
(3) The height of the display boards, their quality and size of lettering shall be clearly visible and legible to the users.
13. Unauthorized collection. - (1) An officer authorized 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 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 concessionaire, as the case may be.
(2) Any driver, owner or person in charge of a mechanical vehicle aggrieved by unauthorized collection of fee, may lodge a complaint with the officer authorized 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, within 30 (thirty) days thereof, for refund of excess payment and for damages to compensate for the inconvenience suffered by such user.
14. Failure to pay fee,- (1) If any driver, owner or person in charge of a mechanical vehicle does not payor refuses to pay the fee for use of state highway, permanent bridge, bypass or tunnel, his or her vehicle shall not be allowed to use such section of state highway, permanent bridge, bypass or tunnel, 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 highway, permanent bridge, bypass or tunnel, as the case may be.
(2) Where 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.
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(3) Where 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 highway, permanent bridge, bypass or tunnel 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.
(4) Any person who fa.ils to pay the fee due or evades payment thereof in a.ny manner shall be liable for payment of a fine equal to one-third or the fee clue in accordance with the provisions of sub-section (3) of section IX of the Act.
15. Power of State Government to verify records.- An officer duly authorized 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 .
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16. Collection of fee in respect of PPP Project> (1) the fee levied under the provisions of sub-rule (3) of rule 3 shall be collected by the concessionaire till its agreement is in force.
(2) On and from the date of expiry of the agreement specified under sub-rule (3) of rule 3, the fee levied shall be collected by the State Government or the executing authority, as the case may be.
rNo. F. 7(83) })PP-SHA/2014-15} By Order of the Governor, (Antar Singh Nehra) Joint Secretary to the Government
17. Bar on installation of additional barric r. - 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, a.t any time, for reasons to be recorded in writing, withdraw such permission.
Provided further that where the State Government or the executing authority, a.s 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 Rajastha.n Highway Fee (Determination of Rates and Collection) Rules, 2015 issued. under the Raja.sthan Road Development Act, 2002 (Act No.5 of 2002) are hereby repealed.: 4
Provided that such repeal shall not affect the previous operation or anything done or suffered, notification or order made or issuedor any contract entered into or any fee levied or rates fixed under rules, so repealed. The rules, so repealed, shall continue to be in force in respect of agreements and contracts made or entered into before the commencement of these rules.