NATIONAL HIGHWAYS FEE (DETERMINATION OF RATES AND COLLECTION) RULES, 2008
(1) These rules may be called the National Highways Fee (Determination of Rates and Collection) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall not apply to agreements and contracts executed and bids invited prior to the publication of these rules.
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the National Highways Act, 1956;
(b) "base year" means the period from 1st April 2007 to 31st March 2008;
(c) "bypass" means a section of the national highway bypassing a town or city;
(d) "concessionaire" means a person with whom an agreement has been entered into under section 8A of the Act;
(e) "elevated highway" means any section of national highway raised above ground level through support of piers or columns;
(f) "executing authority" means an officer or authority notified by the Central Government under section 5 of the Act;
(g) "expr
(1) The Central Government may by notification, levy fee for use of any section of national highway, permanent bridge, bypass or tunnel forming part of the national highway, as the case may be, in accordance with the provisions of these rules:
Provided that the Central Government may, by notification, exempt any section of national 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) of rule 3, shall commence within forty- five days from the date of completion of the section of national highway, permanent bridge, bypass or tunnel, as the case may be, constructed through a public funded project.
(3)
(1) The rate of fee for use of the section of national highway, permanent bridge, bypass or tunnel constructed through public funded project or private investment project shall be identical.
(2) The rate of fee 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:-
Type of Vehicle Base rate of fee per km (in Rupees)
Car, Jeep, Van or Light Motor Vehicle 0.65
Light Commercial Vehicle, Light Goods Vehicle or Mini Bus 1.05
Bus or Truck 2.20
Heavy Construction Machinery(HCM) or Earth Moving Equipment (EME) or Multi Axle Vehicle (MAV) (t
(1) The rates specified under rule 4 shall be increased without compounding, by 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.
(2) The applicable base rates shall be revised annually with effect from April 1 each j year to reflect the increase in wholesale price index between the week ending on January 6, 2007 (i.e. 208.7) and the week ending on or immediately after January 1 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.
(3) The 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 0.4
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(1) Fee levied under these rules shall be collected by the Central Government or the 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 national 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 me
(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 Central Government:
Provided that the Central 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 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.
(2) Every executing authority shall remit to the Central Government, the amount of fee collected over
(1) The executing authority or the concessionaire, as the case may be, shall establish a toll plaza beyond a distance often 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 national highway, permanent bridge, bypass or tunnel, 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 wi
(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) of rule 9.
(2) A driver, owner or person in charge of a mechanical vehicle who makes use of the section of national highway, permanent bridge, bypass or tunnel, 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 way journey Two Twenty four hours from the time of payment
Two-third of amount of the fee payable for fifty single journeys. Fifty One month from date of pa
(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 (2) of rule 4, shall be liable to pay fee at such rate which is applicable for the next higher category of mechanical vehicles:
Provided that the 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 national highway and his or her vehicle shall be prevented from using the national highway or crossing the toll plaza until the excess load has been removed from such mechanical vehicle.
(2) The weight of a mechanical vehicle, as recorded at a weighbridge installed at the toll plaza, shall be the basis
(1) No fee shall be levied and collected from a mechanical vehicle,-
(a) transporting and accompanying, -
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Prime-Minister of India;
(iv) the Chief Justice of India;
(v) the Governor;
(vi) the Lieutenant Governor;
(vii) the Union Minister;
(viii) the Chief Minister;
(ix) the Judge of Supreme Court;
(x) the Chairman of the Council of State;
(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 the mechanical vehicle, in at least one Newspaper, each in English and vernacular language, having a wide circulation in such area.
(2) The executing authority shall prominently display in Hindi and English one thousand meters ahead of the toll plaza and in English and local language five hundred meters ahead of the toll plaza,-
(i) 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
(1) An officer authorised by the Central 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 incharge of a mechanical vehicle aggrieved by unauthorised collection of fee, may lodge a complaint with the officer authorised by the Central Government or the executing authority, as the case may be, in this behalf, who shall after hearing the parties pass an order on such
(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 national highway, permanent bridge, bypass or tunnel, his or her vehicle shall not be allowed to use such section of national 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 national 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.
(3) Where the Central Government, executing authority or the concessionaire, as the case may be, h
An officer duly authorised by the Central 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.
(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 Central Government or the executing authority, as the case may be.
No barrier shall be installed at any place, other than at the toll plaza, except with the prior permission in writing of the Central 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 Central 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 Central 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 the Central Government or the executing authority, as the case may be, do not allow installation of an additional barrier by the concessio
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