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 1

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 1
In exercise of 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 any National Highways/Permanent Bridges/Temporary Bridges on National Highways, namely:-
NHAI - Legislative Act- 1956
NHAI - Legislative Act- 1988
NHAI - Rules 1957
NHAI - Rules 1964
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
  In 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);
  (b) "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 for the developmental maintenance of which an agreement has been entered into between the Central Government and any person;
  (c) 2 [ "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 for 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.
  (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 section/permanent bridge/temporary bridge on national highway shall be deemed to have been taken over by the Central Government and that Government shall continue with the collection of fees as notified from time to time.
Vide G.S.R 62 (E) ,dated 6thFebruary,1997,published in the Gazette of India,Extra.,Pt.II,Sec. 3(i),dated 6thFeb,1997,pp 2-3.
Ins. by G.S.R. 336(E),dated 13thApril,2000 (w.e.f 17-04-2000
  (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, lOOm ahead of the toll booths and at the toll booths also, the height of the display boards 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 highway/ permanent bridge/temporary bridge on national highway shall be put up by such person in a conspicuous place near a fee collection booth legibly written or printed in English, Hindi and the regional language of the area in which the national highway is situated.
5.
  In charge of fee collection
 
(l)

  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:
Provided that no fee shall be payable or collected in respect of the following vehicles, namely:—
 
(i) vehicles having "VIP" symbols or belonging to the President and Vice-President of India, Central and State Ministers, Leaders of Opposition in Lok Sabha l RajyaSabha l State Legislature having the status of Cabinet Minister, Governors, Lt. Governors/Executive Councilors/Spealcers/Chairman of Central and State Legislatures, Members of Parliament and Members of State Legislative Assemblies/Councils within their respective constituencies, Foreign Dignitaries on State visit to India, Foreign diplomats stationed in India using cars with "CD" symbols;
(ii) Defense vehicles, Police vehicles, Fire-fighting vehicles, Ambulances, Funeral vans, Posts and Telegraphs Department vehicles and Central Government and State Government vehicles on duty.]
  (2) The name, address and telephone number, if any, of the in charge of a fee collection shall be displayed at suitable and conspicuous locations.
6.
  Verification of fee collection.
  (l) It shall be the responsibility of the person referred to in sub-rule (1) of rule 3 to strictly ensure that all fees leviable are levied, fully collected and correctly maintained. The person shall submit certified and audited copies of the statements of fee collection at specified 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 Government shall have the right to check the fee collection at any or all times through their designated officers.
7. Person to have rights to regulate traffic.
 
The person referred to in sub-rule (1) of rule 3 shall have powers to regulate and control the traffic, on such section of national highway/permanent bridge/temporary bridge on national highway relating to which he is authorised to collect fees under these rules, in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 for proper management thereof.
  1. In. by G.S.R 336(E) dated 13thApril,2000 (w.e.f 17-4-2000)
  2. Subs. by G.S.R .336(E) ,dated 13thApril,2000 (w.e.f 17-04-2000)
 
THE NATIONAL HIGHWAYS (RATE OF FEE) RULES, 1997 1
In exercise of the powers conferred by section 9 read with sub-section (1) of section 7 of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules to lay down the rate of fee for the use of sections of any national highway or bridges or both, namely:-
1.
  Short title and commencement
  (1) These rules may be called the National Highways (Rate of Fee) Rules, 1997.
  (2) They shall come into force on the date of their publication in the Official Gazette.
2.
  Definitions.
  In these rules, unless the context otherwise requires,
  (a) "Act" means the National Highways Act, 1956 (48 of 1956);
  (b) "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, 1988 (59 of 1988);
  (c) "bridge" means a permanent bridge or a temporary bridge, as the case may be;
  (d) "Section of national highway or permanent bridge or temporary bridge" means that continuous length of national highway or permanent bridge or temporary bridge on national highway as notified by the Central Government in Official Gazette on which fee shall be charged.
3. Rate
 
(1) The rate of fee for services rendered in relation to the use of ferries, permanent bridges, temporary bridges or tunnels on any section of national highway or bridge or both and the period of collection of such fee may be determined and levied by the Central Government, by notification in the Official Gazette, having regard to the expenditure involved in building, maintenance and management operation of the whole or part of such section of national highway, or bridge or both, and the volume of traffic and vehicle operating costs thereon.
  (2) The fee under sub-rule (1) for projects involving conversion into four-lanes of existing two-lane of national highways shall not exceed the capping rates given below at June 1997 prices, namely:-
S. No. Type of vehicle Rate
1. Car or Jeep or Van Rs. 0.40 per km
2. Light commercial vehicles Rs. 0.70 per km
3. Truck or Bus Rs. 1.40 per km
4. Heavy construction machinery and earthmoving equipment Rs. 3.00 per km
  (3) The rate of fee fixed under sub-rule (1) and sub-rule (2) shall be linked to the wholesale price index of a year and may be determined on yearly basis and be rounded to the nearest rupee by the Central Government over the rates notified.
Vide G.S.R 570(E) ,dated 30thSeptember,1997,published in the Gazette of India, Extra.,1964,Pt.II,Sec. 3(i),dated 30thSeptember,1997.
THE NATIONAL HIGHWAYS (FEES FOR THE USE OF NATIONAL HIGHWAYS SECTION AND PERMANENT BRIDGE PUBLIC FUNDED PROJECT) RULES, 19971
In exercise of the powers conferred by section 9 of the National Highways Act, 1956 (48 of 1956) and in supersession of the National Highways (Fees for Use of Permanent Bridges) Rules, 1992 except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules to levy the fees for the use of sections of any National Highway or Bridges or both.
1.
  Short title, extent and commencement
  (i) These rules may be called the National Highways (Fees for the Use of National Highways, Section and Permanent Bridge—Public Funded Project) Rules, 1997.
  (ii) They shall come into force on the date2 of their publication in the Official Gazette.
2.
  Definitions.
  In these rules, unless the context otherwise requires,
  (a) ‘Act’ means the National Highways Act, 1956 (48 of 1956),
  (b) "executing agency" means,--
 
(i) in the case of those national highways administratively placed under the charge of Border Roads Organization, the Border Roads Development Board (hereinafter referred to as ‘BRDB’);
(ii) in the case of those national highways or part thereof entrusted to National Highways Authority of India (hereinafter referred to as NHAI), the National Highways Authority of India;
(iii) in other cases the State Government or Union Territory, the Administration to which such functions are delegated under section 5 of the Act;
  (c) "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, 1988 (59 of 1988);
  (d) "franchisee" means a firm or a company or a person to whom the franchise to collect and retain the fee has been awarded through auction;
  (e) "Fee Inspector" means a person authorised by the executing agency concerned to collect fee in respect of any mechanical vehicle crossing a permanent bridge or using the National Highway Section and includes every Government employee posted on such bridge or National Highway Section in connection with the collection of fees;
  (f) "Form A" means Form A appended to these rules;
  (g) "Form B" means Form B appended to these rules;
  (h) "Form C" means Form C appended to these rules;
  (1) "Pay and Accounts Officer" means Pay and Accounts Officer (National Highway), Ministry of Surface Transport, New Delhi;
  (j) "permanent bridge" means a bridge with permanent structure the cost of which includes the cost of bridge proper approach roads, guide bunds and protective work, excluding the cost of toll booths which is more than rupees 25 lakhs and upto rupees 100 lakh for each, completed and opened to traffic on or after first day of April, 1976 but before the first day of May, 1992 and thereafter all the bridges costing more than Rs. 100 lakhs on National Highway, which shall be notified separately for levy of fee collection; and
  (k) "National Highway Section" means continuous length of any national highway or by-pass which shall be notified for separately levy of fee collection;
  (1) "Sectional Officer/Junior Engineer" means the officer of the State Public Works Department (Roads and Building) of any other department dealing with National Highway having that designation of equivalent and being incharge of a particular road of permanent bridge located on a national highway.

1- Vide G.S.R 490(E) ,dated 27thAugust,1997,published in the Gazette of India,Extra.,Pt.II,Sec. 3(i),dated 27thAugust,1997.
3.
  Rate of fee and its payment.
 
These shall be levied and paid to the executing agency, on behalf of the Government of India, fee on mechanical vehicles for the use of National Highway Section or permanent bridge or both at the rates notified by the Central Government, in the Official Gazette in respect of such National Highway Section or permanent bridge or both.

4. Displaying of rates of fees.
  A table displaying rates of fees, rates authorised to be levied at any National Highway Section or permanent bridge or both shall be put up in a conspicuous place near the fee collection booths legibly written or printed in English, Hindi and the regional language of the area in which National Highway Section or permanent bridge or both are situated.
5.
  Procedure for collection.
  All fees levied under these rules shall be collected by the executing agency concerned departmentally or through private contractors on the basis of competitive bidding on behalf of the Central Government.
6.
  Collection of fees departmentally.
  (1) The executing agency concerned shall make necessary arrangement for putting up adequate number of collection booths, operated manually or by automatic arrangement or by combination of both as may be considered suitable by the executing agency.
  (2) There shall be posted a Fee Inspector, with necessary police guard to assist at either end of the National Highways Section or permanent bridge who shall be authorised to collect fee in respect of any mechanical vehicle using the National Highway Section or permanent bridge or both, at the rates notified by the Central Government separately.
  (3) There shall be provided at either end of the National Highway Section or permanent bridge or both together, a cross bar for securing the stoppage of mechanical vehicles.
  (4) The Fee Inspector shall ensure at the cross bar that passage is not allowed to mechanical vehicles unless the fee leviable in respect thereof has been paid.
7.
  Mode of collection of fee in case of departmental fee collection.
 
(1)

  Every driver, owner or person in charge of a mechanical vehicle shall, before crossing the National Highway Section or permanent bridge or having crossed it, stop his vehicle at the cross bar and pay the fee leviable in respect of the vehicles at the fee collection booths. The Fee Inspector shall in return, prepare a receipt in duplicate in Form A and hand over one copy of the receipt to the driver or owner or person in charge of the mechanical vehicle.
  (2) Toll collection shall be done only at one place within a distance of 80 kms. from a point at the beginning of first National Highway Section or approach of entry of the first permanent bridge to be crossed under the jurisdiction of the same executing agency, regardless of number of projects falling within the length in order to facilitate free and unhindered movement of traffic. Where it is not feasible to do so, the number of collection point shall be kept minimum and shall be decided with the approval of Central Government. The fee may be collected from the driver, owner or person incharge of a vehicle on the first National Highway Section or permanent bridge which is intended to be crossed by such vehicle. The driver, owner or person incharge of the vehicle holding the receipt of such payment shall be allowed to pass through other Sections and bridges of such Highway unhindered after showing the receipt to the Fee Inspector posted on other sections or bridges. Details of such Sections and bridges shall be displayed at a conspicuous place near the fees collection booths of the Sections or bridges covered under this sub-rule legibly written or printed in English, Hindi and the regional language of the area in which such sections or bridges are situated.
  (3) The Fee Inspector shall on receipt of the fee notified by the Central Government fill up a receipt in duplicate in Form A and deliver one copy thereof to the driver, owner or the person incharge of the vehicle in respect of which the fee has been paid and retain the second copy for record.
  (4) When the same vehicle has to cross the National Highway Section or bridge more than once in a day, the user shall have the option to pay one and a half times of rate notified by the Government while crossing such section or bridge in the first trip itself, or if the vehicle has to use the section or bridge frequently the vehicle owner can have a monthly pass on the payment of charges equal to 30 single rates.
8.
  Remittance of fee collection in case of departmental fee collection.
 
(1)

  The Fee Inspector on duty shall be responsible for the collection and safe custody of the amounts collected during his duty period. The Fee Inspector shall not leave the collection booth till his reliever takes over from him.
  (2) The Fee Inspector shall maintain a cash register as prescribed in Form B and keep it posted up to date.
  (3) The Fee Inspector shall at the end of the period of his duty hand over the amount collected by him to his reliever after obtaining the signature of the latter in the relevant column of the cash register.
  (4) Every day between 16.00 hours and 17.00 hours the Fee Inspector on duty shall hand over the entire amount of the fee collected during the preceding 24 hours to the Sectional Officer/Junior Engineer-in-charge of National Highway Section or permanent bridge after obtaining his signature in the relevant column of the cash register.
  (5) The Sectional Officer/Junior Engineer-in-charge shall keep the amounts of collection received from the Fee Inspector in the chest provided for the purpose at his office.
  (6) The Sectional Officer/Junior Engineer-in-charge shall on every Saturday or if it happens to be a holiday, on the next working day, remit the amount received by him in respect of the week preceding the Saturday by a demand draft to the Pay and Accounts Officer. The Pay and Accounts Officer shall account the amounts so received in the relevant receipt head in his books.
  (7) The Sectional Officer/Junior Engineer-in-charge shall maintain a register as prescribed in Form C showing the remittance made to the Pay and Accounts Officer and shall keep the register posted up to date.
  (8) The Sectional Officer/Junior Engineer-in-charge shall exercise supervision and control over the staff posted at the National Highway Section or permanent bridge in connection with the collection of the fees and maintain the proper accounts and records.
  (9) The Sub-Divisional Officer, in-charge of the National Highway Section or the permanent bridge shall pay surprise visits at least twice a month at the Offices of the Fee Inspector or the Sectional Officer/Junior Engineer-in-charge to check that the collection and remittance of fees by the staff is being done in accordance with the provisions of these rules. He shall countersign the cash register and the other record maintained by the staff in token of such visit. Such visit, at least once in three months shall also be made by the Executive Engineer of the State Public Works Department (Roads and Building) or by the officer of equivalent rank in any other department.
9.
  Fee collection through franchisee.
  (1) In case the fee collection is to be done through the franchisee, the collection of fee and retaining such fee shall be auctioned under the instructions for specific periods as the Central Government may issue and the money shall be collected by the executing agency or his authorised representative as per the terms and conditions of the agreement executed for such purposes.
  (2) The mode of fee collection shall be decided by the franchisee referred to in sub-rule (1) with the approval of the Central Government.
  (3) A table of fees.authonsed to be collected on any National Highway Section or permanent bridge shall be put up by such franchisee in a conspicuous place near a fee collection booth legibly written or printed in English, Hindi and the regional language of the area in which the national highway is situated.
  (4) The franchisee authorised to collect and retain the fee under these rules shall nominate an official as in charge of fee collection who shall be responsible to ensure that fees are collected at not more than the notified rates and the fee collection is smooth without causing hardship to the road users and for all other matters connected with the fee collection on National Highway Section or permanent bridge.
  (5) The name, address and telephone number if any, of such official in charge of fee collection shall be displayed at suitable and conspicuous locations.
  (6) The executing agency shall remit the auction money so collected from the franchisee by a demand draft to the Pay and Accounts Officer, National Highways, Ministry of Surface Transport, New Delhi. The Pay and Accounts Officer shall account the amount so received in the relevant receipt head in his books.
10. Special conditions when sections or bridges built by Government are used for developing adjacent Build, Operate and Transfer Projects of private parties.
  To improve the financial viability of a Build, Operate and Transfer Project as decided by the Competent Authority, the concessionaire may be allowed to collect and retain the fees so collected for the full concession period as agreed to in the specific agreement in respect of the facility offered to him under National Highways (Collection of Fee by any Person for the Use of Section of National Highways/Permanent Bridges/Temporary Bridges on National Highways) Rules, 1997 and the facility shall revert back to the Government at the end of concession period and the collection of fee thereafter shall be governed by these rules.
National Highways Section/permanent bridges built under public funding programme and offered for developing further contiguous sections of such National Highway as decided by the Competent Authority shall revert back to the Government at the end of the concession period and the collection of fee thereafter shall be governed by these rules.
11.
  Tenure of fee collection.
  The fee shall be collected in perpetuity by the executing agency.
12.
  Submission of returns.
 
(1)

  The executing agency concerned in case of departmental fee collection shall furnish returns in the first week of July, October, January and April of every year to the Pay and Accounts Officer containing—
(a) Monthwise consolidated statement showing the amount collected and remitted on account of fee proceeds in respect of each National Highway Section or permanent bridge along with the details of number and date of demand draft by which the amount has been remitted, and
(b) Monthwise break up of the expenditure incurred on each National Highway Section or permanent bridge by the executing agency required to be reimbursed on account of collection of the fees on the basis of actual expenditure incurred.
  (2) The Executing Agency concerned in case of fee collection through franchisee shall furnish to the Pay and Accounts Officer, National Highways, Government of India, Ministry of Surface Transport, New Delhi or any other officer so authorised, the details regarding the franchise, the amount and the period for which the franchise has been awarded, immediately, after the auction for fee collection through such franchise.
13.
  Furnishing of security in case of departmental fees collection.
  Every Fee Inspector or the Sectional Officer/Junior Engineer-in-charge shall deposit a cash security of not less than Rs. 1000 by executing a security bond in the prescribed form as laid down in the Treasury Rules with the concerned Executive Engineer or the concerned officer of equivalent rank in any other department.