NATIONAL HIGHWAYS ACT, 1956

48 of 1956

11th September, 1956

"Under an agreement entered into with the then existing Provinces, the Government of India provisionally accepted entire financial liability, with effect from the 1st April, 1947, for the construction, development and maintenance of certain highways in the Provinces which were considered suitable for inclusion in a system of national highways. Upon the creation of the Part B States and the new Part C States under the Constitution, the national highways scheme was extended to those States also. 2, Under entry 23 of the Union List, Parliament has exclusive power of legislation with respect to highways which are declared to be national highways by or under law made by Parliament. It is, therefore, proposed that the highways comprised in the Schedule annexed to this Bill should be declared to be national highways. Such a declaration would help the Central Government in exercising its powers with respect to the development and maintenance of these highways more effectively. Power is also sought to be vested in the Central Government to declare by notification other highways to be national highways. Power should also be given to the Central Government to enter into agreements with the State Governments or municipal authorities with respect to the development or maintenance of any portion of any national highway and fees may have to be levied in respect of certain types of services rendered on national highways. 3. The present Bill is designed to achieve the objects set forth above." - Gaz. of Ind., 7-8-1956, Extra., Pt. II, S. 2, p. 661. Act 30 of 1977.-

S.7of the National Highways Act, 1956. empowers the Central Government to levy fees for the services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on national highways. This section does not enable the levying of such fees on permanent bridges. With a view to facilitating the raising of additional resources for the development of national highways, it is proposed to amend the saidS.7so as to enable such fees being levied on permanent bridges costing more than rupees 25 lakhs and opened to traffic on or after Ist April, 1976. It is also proposed to include on enabling provision to exempt any bridge from the payment of fees if it is considered necessary in the public interest. 2. Opportunity is also being availed of to make some consequential amendments in the Act. 3. The Bill seeks to achieve the above.-Gaz. Of ind., 10-6-1977, Pt. II, S. 2,Ext. P. 291. Act 1 of 1993.-S.7of the National Highways Act, 1956 provides for the levy of fees by the Central Government for services or benefits rendered in relation to the use of ferries, bridges and tunnels on national highways. The need to augment resources for the development of national highways has been felt since long. Certain sections of the national highways are, therefore, intended to be selected for the purpose of levying fees for the use of such sections, 2. It is therefore, proposed to empower the Central Government to levy fees for services or benefits rendered in relation to the use of any section of a national highway. Consequently, the aforesaid Act is sought to be amended. 3. The Bill seeks to achieve the aforesaid objects. -Gaz. of India, 27-2-1992, Pt. II - S. 2, Ext., P. I (No. 3) Act 26 of 1995.- Proper development of road infrastructure is essential for economic development of the country. However, due to constrain of resources, it has not been possible to allocate sufficient funds for the development of road sector in the country. Therefore, a need has been felt to tap private entrepreneurship and private resources in the development of road sector. With this in view, the Government has taken a number of measurers like the declaration of road sector as an industry and infrastructure facility and certain other concessions, A number of private investors including foreign investors have shown interest in the proposal to open the road sector for private investment. However, in the absence of an enabling provision in the National Highways Act, 1956, it is not possible to enter into agreements with private investors for the development of roads. 2. It is, therefore, proposed to enable the Central Government :- (i) to enter into agreement with any person in relation to the development and maintenance of the whole or part of a national highways; (ii) to levy fees and authorise the person who has undertaken to develop the whole or any part of a national highways to collect such fee; (iii) to empower such person to regulate traffic on such national highway. 3. It is also proposed to provide for punishment for mischief by injury to such national highways. 4. The Bill seeks to achieve the aforesaid objects. - Gaz. of Ind" 25-4-1995, Pt. II. S. 2. Ext.. P.3 (No. 10).

An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. Be it enacted by Parliament in the Seventh Year of the Republic of India as follows : The Act has now been extended to :- (1) Goa, Daman and Diu, by Regn. 12 of 1962 (1-2-1965); (2) Dadra and Nagar Haveli by Regn. 6 of 1963; (3) Pondicherry, by Regn. 7 of 1963 (1-10-1963). (4) Sikkim-See S.O. 208 (E) of 1975.

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the National Highways Act, 1956.

(2) It extends to the whole of India.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: DECLARATION OF CERTAIN HIGHWAYS TO BE NATIONAL HIGHWAYS

(1) Each of the highways specified in the Schedule4[***]is hereby declared to be a national highway.

(2) The Central Government may, by notification in the Official Gazette, declare any other highway to be a national highway and on the publication of such notification such highway shall be deemed to be specified in the Schedule.

(3) The Central Government may, by like notification, omit any highway from the Schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway.

SECTION 03: DEFINITIONS

5-In this Act, unless the context otherwise requires,-

(a) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;

(b) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.

SECTION 03A: POWER TO ACQUIRE LAND, ETC

(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.

(2) Every notification under sub-section (1) shall give a brief description of the land.

(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.

SECTION 03B: POWER TO ENTER FOR SURVEY, ETC

-On the issue of a notification under sub- section (1) of Section 3-A, it shall be lawful for any person, authorised by the Central Government in this behalf, to-

(a) make any inspection, survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work;

(e) mark such levels, boundaries and lines by placing marks and cutting trenches; or

(f) do such other acts or things as may be laid down by rules made in this behalf by that Government.

SECTION 03C: HEARING OF OBJECTIONS

(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of Section 3-A, object to the use of the land for the purpose or purposes mentioned in that sub-section.

(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. 

Explanation.-For the purposes of this sub-section, "legal practitioner" has the

same meaning as in clause (i) of sub-section (1) of Section 2 of the Advocates Act, 1961 (25 of 1961).

(3) Any order made by the competent authority under sub-section (2) shall be final.

SECTION 03D: DECLARATION OF ACQUISITION

(1) Where no objection under sub-section (1) of Section 3-C has been made to the competent authority within the period^ specified therein or where the competent authority has disallowed the objection" under subsection (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub- section (1) of Section 3-A.

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encrumbrances.

(3) Where in respect of any land, a notification has been published under subsection (1) of Section 3-A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect : 

Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of Section 3-A is stayed by an order of a court shall be excluded.

(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.

SECTION 03E: POWER TO TAKE POSSESSION

(1) Where any land has vested in the Central Government under subsection (2) of Section 3-D, and the amount determined by the competent authority under Section 3-G with respect to such land has been deposited under sub-section (1) of Section 3-H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under sub- section (1), the competent authority shall apply- 

(a) in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;

(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a District; and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.

SECTION 03F: RIGHT TO ENTER INTO THE LAND WHERE LAND HAS VESTED IN THE CENTRAL GOVERNMENT

-Where the land has vested in the Central Government under Section 3-D, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith.

SECTION 03G: DETERMINATION OF AMOUNT PAYABLE AS COMPENSATION

(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent of the amount determined under subsection (1), for that land.

(3) Before proceeding to determine the amount under sub-section (1) or sub- section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.

(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of Section 3-C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

(5) If the amount determined by the competent authority under subsection (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.

(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration- 

(a) the market value of the land on the date of publication of the notification under Section 3-A;

(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;

(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

SECTION 03H: DEPOSIT AND PAYMENT OF AMOUNT

(1) The amount determined under Section 3-G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under subsection (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

(5) Where the amount determined under Section 3-G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under Section 3-D till the date of the actual deposit thereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.

SECTION 03I: COMPETENT AUTHORITY TO HAVE CERTAIN POWERS OF CIVIL COURT

-The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely :- -

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses.

SECTION 03J: LAND ACQUISITION ACT I OF 1894 NOT TO APPLY

-Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.

SECTION 04: NATIONAL HIGHWAYS TO VEST IN THE UNION

All national highways shall vest in the Union, and for the purposes of this Act "highways" include-

(i) all lands appurtenant thereto, whether demarcated or not;

(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways; and

(iii) all fences, trees, posts and boundary, furlong and mile stones of such highways or any land appurtenant to such highways.

SECTION 05: RESPONSIBILITY FOR DEVELOPMENT AND MAINTENANCE OF NATIONAL HIGHWAYS

It shall be the responsibility of the Central Government to develop and maintain in proper repair all national highways; but the Central Government may, by notification in the Official Gazette, direct that any function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the Government of the State within which the national highway is situated or by any officer or authority subordinate. to the Central Government or to the State Government.

SECTION 06: POWER TO ISSUE DIRECTIONS

The Central Government may give directions to the Government of any State as to the carrying out in the State of any of the provisions of this Act or of any rule, notification or order made thereunder.

SECTION 07: FEES FOR SERVICES OR BENEFITS RENDERED ON NATIONAL HIGHWAYS

3[Provided that if the Central Government is of opinion that it is necessary in the public interest so to do, it may, by like notification, specify any bridge in relation to the use of which fees shall not be leviable under this sub-section.]

(2) Such fees when so levied shall be collected in accordance with the rules made under this Act.

(3) Any fee leviable immediately before the commencement of this Act for services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on any highway specified in the Schedule shall continue to be leviable under this Act unless and until it is altered in exercise of the power conferred by sub-section (1).

SECTION 08: AGREEMENTS WITH STATE GOVERNMENTS OR MUNICIPALITIES

SECTION 08A: POWER OF CENTRAL GOVERNMENT TO ENTER INTO AGREEMENTS FOR DEVELOPMENT AND MAINTENANCE OF NATIONAL HIGHWAYS

6[(1) Notwithstanding anything contained in this Act, the Central Government may enter into an agreement with any person in relation to the development maintenance of the whole or any part of a national highway.

(2) Notwithstanding anything contained inS.7-the person referred to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the Central Government may, by notification in the Official Gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement.

(3) A person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988-on the national highway forming subject matter of such agreement for proper management thereof.

SECTION 08B: PUNISHMENT FOR MISCHIEF BY INJURY TO NATIONAL HIGHWAY

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) ofS.8A-impassable or less safe travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine or with both.]

SECTION 09: POWER TO MAKE RULES

(l) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- 

(a) the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the State Government or any officer or authority subordinate to the Central Government or the State Government;

10(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of Section 3-H;

8[b] the rates at which fees for services rendered in relation to the use of ferries, permanent bridges, temporary bridges and tunnels on any national highway8[and the use of sections of any national highway] may be levied, and the manner in which such fees shall be collected, underS.7-;]

(c) the periodical inspection of national highways and the submission of inspection reports to the Central Government;

(d) the reports on works carried out on national highways;

(e) any other matter for which provision should be made under this Act.

9[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

SECTION 10: LAYING OF NOTIFICATIONS, RULES, ETC., BEFORE PARLIAMENT

All notifications or agreements issued or entered into under this Act shall be laid before both Houses of Parliament as soon as may be after they are issued or entered into11[ ]

SCHEDULE 1 NATIONAL HIGHWAYS

Serial No. National Highway Description of national highways No. 1 1 The highway connecting Delhi, Ambala, Jullundur and Amritsar and proceeding to the bor-der between India and Pakistan. 2 1A The highway connecting Jullundur, Madhopur,Jammu, Banihal, Srinagar, Baramula and Uri. 3 2 The highway connecting Delhi, Mathura, Agra, Kanpur, Allahabad, Banaras, Mohania, Barhi and Calcutta. 4 3 The highway connecting Agra, Gwalior, Shivpuri, Indore, Dhulia, Nasik, Thana and Bombay. 5 4 The highway starting from its junction near Thana with the highway specified in serial No. 4 and connecting Poona, Belgaum, Hubli, Bangalore, Ranipet and Madras.[5B 4B The highway starting from its junction with Panvel-Uran State Highway near Nhava-Sheva Port Complex and proceeding further with one aim terminating of Kalamboli on National Highway No. 4 and another arm crossing National Highway 17 near Palaspe and proceeding further to terminate on National Highway No. 4.]6 5 The highway starting from its junction near Baharagora with the highway specified in serial No. 7 and connecting Cuttack, Bhubaneshwar, Visakhapatnam, Vijayavada and Madras. 7 6 The highway starting from its junction near Dhulia with the highway specified in serial No. 4 and connecting Nagpur, Raipur, Sambalpur, Baharagora and Calcutta. 8 7 The highway starting from its junction near Banaras with the highway specified in serial No. 3 and connecting Mangawan, Rewa, Jabalpur, Lakhnadon. Nagpur, Hyderabad. Kurnool, Bangalore, Krishnagiri, Salem, Dindigul, Madurai and Cape Comorin. 8A 7A The highway connecting Palayankottai on N. H. 7 with the Tuticorin port.]Serial No. National Description of national highways Highway No. 9 8 The highway connecting Delhi, Jaipur, Ajmer. Udaipur, Ahinedabad, Baroda and Bombay. 10 8AThe highway connecting Ahmedabad, Limbdi, Morvi and Kandla.11 8B The highway starting from its junction near Bamanbhore with the highway specified in serial No. 10 and connecting Rajkot and Porbandar. a[ 11 A 8C The highway connecting Chiloda on N. H. No. 8, in Gujarat, Gandhinagar and terminating at Sarkej on N. H. 8A.]12 9 The highway connecting Poona,Sholapur, Hyderabad and Vijayavada. 13 10 The highway connecting Delhi and Fajilka and proceeding to the border between India and Pakistan.[13E 15 The highway connecting Pathankot- Amritsar, Bhatinda, Ganganagar, Bikaner, Jaisalmer, Banner to its junction with N. H. No. 8A near Samakhiali (near Kandia). 13G 17A The highway starting from its junction near Cortalim with N. H. No. 17 and terminating at the Marmugao Port.]14 22 The highway connecting Ambala, Kalka, Simla, Narkanda, Rampur and Chini and proceed- ing to the border between India and Tibet near Shipki-La.[14A 23 The highway connecting Chas,Ranchi,Rourkela,Talcher and terminating at N.H. No. 42.]15 24 The highway connecting Delhi, Bareilly and Lucknow, 16 25 The highway connecting Lucknow, Kanpur, Jhansi and Shivpuri. 17 26 The highway connecting Jhansi and Lakhnadon. 18 27 The highway connecting Allahabad with the highway specified in serial No. 8 near Mangawan. 19 28 The highway starting from its junction near Barauni with the highway specified in serial No. 23 and connecting Muzaffarpur, Pipra, Gorakhpur and Lucknow. 20 28A The highway starting from its junction near Pipra with the highway specified in serial No. 19 and connecting Sagauli and Raxaul and proceeding to the border between India and Nepal. 21 29 The highway connecting Gorakhpur, Ghazipur and Banaras. 22 30 The highway starting from its junction near Mohania with the highway specified in serial No. 3 and connecting Patna and Bakhtiyarpur. 23 31 The highway starting from its junction near Barhi with the highway specified in serial No. 3 and connecting Bakhtiyarpur, Mokameh, Pumea, Dalkhola, Siliguri. Sivok. and Cooch Behar and proceeding to its junction with the highway specified in serial No. 28 near Goalpara. 24 31A The highway connecting Sivok and Gangtok.24A 32 The Highway starting from its junction near Govindpur with N. H. No. 2 and connecting Dhanbad with Jamshedpur.[24AAA 31C The highway starting from near Galgalia, connecting Baghdogra, Chalsa, Nagrakata, Goyerkata.]25 33 The highway starting from its junction near Barhi with the highway specified in serial No. 3 and connecting Ranchi and Tatanagar and proceeding to its junction with the highway speci- fied in serial No. 7 near Bharagora. 26 34 The highway starting from its junction near Dalkhoda with the highway specified in serial No. 23 and connecting Berhampore, Barasat and Calcutta. 27 35 The highway connecting Barasat and Bangaon and proceeding to the border between India and Pakistan. 28 37 The highway starting from its junction near Goalpara with the highway specified in serial No. 23 and connecting Gauhati, Jorabat, Kamargaon, Makum and Saikhoa Ghat. Serial No. National Description of national highways Highway No. 29 38 The highway connecting Makurn, Ledo and Lekhapam. 30 39 The highway connecting Kamargaon, Imphal, and Palel and proceeding to the border be tween India and Burma. 31 49 The highway connecting Jorabat and Shillong and proceeding to the border between India and Pakistan near Dawki. 32 49 The highway starting from its junction near Sambalpur with the highway specified in serial No. 7 and proceeding via Angul to its junction with the highway specified in serial No. 6 near Cuttack. 33 43 The highway connecting Raipur and Vizianagaram and proceeding to its junction with the highway specified in serial No. 6 near Vizianagaram. 34 45 The highway connecting Madras, Tiruchirapalli and Dindigul. 35 46 The highway connecting Krishnagiri and Ranipet. 36 47 The highway connecting Salem, Coimbatore, Trichur, Ernakulam, Trivandrum and Cape Comorin.[36A 41 The Highway between its junction (near Kolaghat) with N. H. No. 6 and the point where it touches Haldia port.][* * * * * *][37A 48 The highway connecting Bangalore, Hassan and Mangalore.]38 49 The highway connecting Madurai and Dhanushkodi. 39 50 The highway connecting Nasik with the highway specified in serial No. 5 near Poona.[40 51 The highway starting from its junction at Paikan on N. H. No. 37 in Assam, connecting Tura and terminating at Dalu in Meghalaya. 41 52 The highway starting from its junction at Baihata Charali on N. H. No. 31, in Assam, con- necting Tejpur, Bander Dewa, Northlakhimpur, Pasighat, Tezu, Sitapani and terminating near Saikhoaghat on N. H. No. 37. 42 52A The highway starting from its junction at bander Dewa on N. H. No. 52 in Assam and terminating at Hanagar in Arunachal Pradesh. 43 53 The Highway starting from its junction near Badarpur on N. H. No. 44, in Assam connecting Silchar, Jirighat and terminating near Imphal on N. H. No. 39.][1[44 54 The highway starting from its junction at Silchar in Assam or N. H. No. 53 connecting Aizawl and terminating at Taipang in Mizoram. 44A 54A The highway starting from its junction at Theriat in Mizoram on National Highway No. 54 and terminating at Lungli in Mizoram. 44B 54B The highway starting from its junction at "Venas Saddle" in Mizoram on National Highway No. 54 and terminating at Saiha in Mizoram.][44-D 55 The highway starting from Siliguri on National Highway No. 31 passing through Kurseong and terminating at Darjeeling.][45 56 The highway starting from Lucknow and connecting Jagdishpur, Sultanpur and Jaunpur and terminating near Varanasi.][Amendments taken for the Schedule from material available. They are not exhaustive.]

Footnotes:

1. The Act came into force on 15-4-1957 : see S.R.O. 1180 D/-4-4-1957, Gaz. of Ind., 1957, Pt. II, S. 3, p. 730. Act extended to and enforced on 28-6-1975 in Sikkim-See S.O. 208 (E), Gaz. of Ind., 16-5-1975, Pt. II, S. 3 (ii), Ext. p. 1213 and Gaz. of Ind. 28-6-1975, p. 1383.

3. Inserted, by National Highways (Amendment) Act (1 of 1993) S. 2 (w.r.e.f. 23-10-92.)

4. Omited for "except such parts thereof as are situated within any municipal area ", vide " The National Highways Laws (Apaendment) Act, 1997" Dt.March 25, 1997 Published in Received the assent of the President on March 25, 1997 and published in the Gazette of India, Extra., Part II, Section I, dated 25th March, 1997, pp. 1-6, No. 30

5. Substituted for " 3 Definition In this Act, "municipal area" means any municipal area with a population of twenty thousand or more the control or management of which is entrusted to a municipal committee, a town area committee, a town committee or any other authority. ", vide " The National Highways Laws (Apaendment) Act, 1997" Dt.March 25, 1997 Published in Received the assent of the President on March 25, 1997 and published in the Gazette of India, Extra., Part II, Section I, dated 25th March, 1997, pp. 1-6, No. 30

6. Ss. 8A, 8B inserted by National Highways (Amendment) Act (26 of 1995), S. 2 (16-6-95).

7. Omited for Notwithstanding anything contained in this Act, the Central Government may enter into an agreement with the Government of any State or with any authority entrusted with the control or management of any municipal area in relation to the development or maintenance of the whole or any part of a national highway situated within the State or, as the case may be, in relation to the development or maintenance of any such part of a highway situated within a municipal area as is referred to in sub-section ( 1 ) of section 2 and any such agreement may provide for the sharing of expenditure by the respective parties thereto., vide " The National Highways Laws (Apaendment) Act, 1997" Dt.March 25, 1997 Published in Received the assent of the President on March 25, 1997 and published in the Gazette of India, Extra., Part II, Section I, dated 25th March, 1997, pp. 1-6, No. 30

8. Substituted by National Highways (Amendment) Act (30 of 1977) S. 3 (12-8-77)

9. Inserted, .

10. Inserted vide " The National Highways Laws (Apaendment) Act, 1997" Dt.March 25, 1997 Published in Received the assent of the President on March 25, 1997 and published in the Gazette of India, Extra., Part II, Section I, dated 25th March, 1997, pp. 1-6, No. 30

11. Portion beginning with words "and all rules made under section 9" and ending with words "or the session immediately fol lowing" omitted by National Highways (Amendment) Act (30 of 1977) S. 4 (12-8-77).

NATIONAL HIGHWAYS RULES, 1957

In exercise of the powers conferred by

section 9of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT TITLE

-These rules may be called the National Highways Rules, 1957.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(a) "Act" means the National Highways Act, 1956;

(b) "approved work" means any original work on a national highway in respect of which the Central Government has accorded technical approval and financial sanction;

(c) "completion report" means a report required to be furnished underrule 8;

(d) "executive agency" means- 

(i) in the case of a Union Territory the Administrator thereof to whom the

functions of the Central Government in relation to the execution of works

pertaining to national highways are delegated under article 239 of the Constitution; and

3(ia) in the case of a National Highway or part thereof in respect of which such functions are delegated to the Border Roads Organisation, the Border Roads Development Board;

(ib) in the case of a National Highway or part thereof in respect of which such functions are delegated to the National Highways Authority of India

(ii) in any other case the State Government to which such functions are delegated undersection 5of the Act; and

(e) "progress report" means a report required to be furnished underrule 7.

RULE 3 DETAILED ESTIMATE OF THE ORIGINAL WORK

(1)Where the estimate of the cost for the execution of any original work on anational highway exceeds Rs. 10.00 lakhs, a detailed estimate of the cost for the execution of the work shall be forwarded by the executive agency to the Central Government in such form as the Central Government may specify in that behalf and that Government may accord technical approval and Financial sanction to such estimate subject to such conditions as it may think fit to impose.

(2) Where the estimate of the cost for the execution of any original work on a national highway does not exceed Rs. 10.00 lakhs, technical approval and financial sanction to the plan and estimate for the execution of such work may be accorded by the executive agency concerned subject to the conditions specified in the Schedule annexed to these rules.

(3) No original work on any national highway shall be undertaken by the executive agency until technical approval and financial sanction to the estimate for the execution ofthe work have been accorded by the Central Government or the executive agency, as the case may be, except in cases of emergency, such as flood, earthquake or any other force majeure which shall be immediately reported to the authority competent to sanction the estimate and the Audit Officer concerned indicating the approximate amount of liability involved.]

RULE 4 ABSTRACT OF PARTICULARS OF DETAILED ESTIMATE FOR MAINTENANCE OF NATIONAL HIGHWAYS

An abstract ofthe particulars ofthe detailed estimate for the maintenance ofthe Central Government in such form as the Central Government may require not later than the 1st day of the month of May in that financial year: Provided that the Central Government may, in any case or class of cases, require the executive agency to forward a detailed estimate or estimates for the maintenance of any national highway in such form as that Government may require.

(2) The Central Government may accord approval to the abstract or the detailed estimate or estimates submitted to it under this rule subject to any conditions it may think fit to impose.

RULE 5 REVISED DETAILED ESTIMATE

(1)Where the expenditure upon any original work on a national highway for the detailed estimate of the cost for which the Central Government has accorded technical approval and financial sanction, under sub-rule ( 1) ofrule 3, is likely at any time to exceed, or exceeds, the amount of such estimate by more than fifteen per cent thereof or by a sum of one crore rupees, whichever is less, the executive agency shall forward a revised detailed estimate of the cost for such work to the Central Government in such form as that Government may specify in this behalf, and the Central Government may accord technical approval and financial sanction to the revised detailed estimate subject to such conditions as it may think fit to impose.

(2) Where the expenditure upon any original work on a national highway to the detailed estimate of the cost for which the executive agency concerned has accorded technical approval and financial sanction, under sub-rule (2) ofrule 3, is likely at any time to exceed, or exceeds, the amount of such estimate and the revised cost of the original work, including the excess, is likely at any time to exceed, or exceeds by more than fifteen per cent of the original estimate or Rs. 10.00 lakhs, the executive agency shall forward a revised detailed estimate of the cost for such work to the Central Government in such form as that Government may specify and the Central Government may accord technical approval and financial sanction to such revised estimate subject to such conditions as it may think fit to impose.

(3) Notwithstanding anything contained in sub-rule (2), where the expenditure upon any original work on a national highway to the detailed estimate of the cost for which the executive agency concerned has accorded technical approval and financial sanction, under sub-rule (2) ofrule 3, is likely at any time to exceed, or exceeds, the amount of such estimate and the revised estimate of the cost for the original work, including the excess is likely at any time to exceeds, or exceeds, by more than fifteen per cent of the original estimate but by not more than fifteen per cent of the rough estimate of the costs for the original work which the executive agency had submitted to the Central Government and obtained the approval of that Government, technical approval and financial sanction to such revised estimate may be accorded by the executive agency concerned subject to the conditions specified in the Schedule annexed to these rules:

Provided that the amount of the revised estimate is not likely to exceed, or does not exceed Rs. 10 lakhs: Provided further that the excess of expenditure is caused only by routine factors such as increase in the cost of labour or material and not due to revision in the scope or enlargement of the work or specifications already approved.

(4) Where the expenditure upon any original work on a national highway is likely at any time to exceed, or exceeds, the amount of the estimate of the cost for such work no funds shall be allotted to the work by the Central Government in the cases provided for in sub-rule (1), (2) or (3), unless the provisions of those sub-rules are complied with except in cases where the Central Government directs otherwise.Explanation.- For the removal of doubts, it is hereby declared that in cases where the excess of expenditure is less than the percentage or amount specified in sub-rule (1) or sub- rule (2), it is not necessary to obtain technical approval and financial sanction of the Centrali Government for the revised estimate in accordance with those sub-rules only if the excess of expenditure is caused by routine factors such as increase in the cost of labour or material and not due to revision in the scope or enlargement of the work or specifications already approved.]

RULE 6 APPLICATION FOR ALLOTMENT OF FUNDS

-An application for the allotment of funds meeting expenditure on any original work on a national highway or on the maintenance a national highway during any financial year shall be made by the executive agency to the Central Government in such form as that Government may require and the Central Government shall communicate its decision to the executive agency on such application as soon as possible after such application is received.

RULE 7 MONTHLY PROGRESS REPORT

The executive agency shall furnish to the Central Government a monthly progress report on every approved work in such form as thatl Government may require.

RULE 8 COMPLETION REPORT

As early as possible after the completion of any approved work the executive agency shall furnish to the Central Government a full and correct report on such completion in such form as that Government may require.

RULE 9 INSPECTION OF WORKS

The Consulting Engineer to the Government of India (Road Development) or any officer authorised by him in this behalf may inspect at any time any approved work in progress or completed. A report of every such inspection shall be submitted to the Central Government.

SCHEDULE 1 SCHEDULE

[Seerule 3(2)] Conditions for the issue of technical approval and Financial sanction to plan and estimate for execution of any original work on a national highway costing an amount not exceeding Rs. 10.00 lakhs by the executive agency concerned.

1 1

The executive agency shall forward to the Central Government for approval rough cost estimates along with detailed information in respect of the particulars given below according to the tentative details given in the annual Plan works programme for a particular year, within a period of 3 months after the receipt of annual plan works programme for the year:-

(a) Proposal in brief with a rough plan of the area in which the work is to be executed.

(b) Extent of preliminary survey and investigation done.

(c) Broad features showing the existing position and the improvements desired.

(d) Traffic data.

(e) Duration of execution.

(f) Phasing of expenditure and also physical performance.

(g) Rough quantities and estimated cost under broad headings such as: (1) Road works (2) Bridge works Land acquisition; earth work; Foundation, super-structure, road material, guide bunds, etc.

(h) Detailed specification.

(i) List of equipments required for speedy execution of the work.

(j) Alignment plan and longitudinal section in case of roads; hydraulic data and outline designs of structures in case of bridges.

(k) Particulars for comparison of the similar works carried out in the same region.

(1) Special features, if any.

2 2

(a) Permissible job sizes shall be regulated according to description given in the annual Plan works programme mentioned under condition (1) and the work shall not be split up.

(b) In the case of items saving lump sum provision (such as improvement of geometrics, stabilising, slipping reaches, raising roads in submersible sections, each specific location supported by requisite details shall be treated individually.

3 3

Technical approval and financial sanction shall be accorded only in respect of such items of work for which specific provision has been made in the budget during the year for the individual work on the basis of the approval given under condition (1).

4 4

While sanctioning detailed estimates, the executive agency shall ensure that the rough cost estimate for the work appearing in the budget estimates accepted by the Central Government for presentation to Parliament is not exceeded by more than 15 per cent. or the total cost of detailed estimate to be sanctioned by that agency, in no case exceeds Rs. 10 lakhs, whichever is less.

5 5

Abstract of cost of sanctioned detailed estimates in all cases shall be submitted by the executive agency in respect of the works sanctioned by that agency and in the case of bridge estimates, in addition a general outline drawing shall also be submitted. Abstract of cost of sanctioned detailed estimates shall give justification for excess, if any, referred to under condition (4).

6 6

Progress reports in respect of all works sanctioned by the executive agency shall be submitted to the Central Government, in such form and at such periodicity as may be required by the Central Government from time to time.

7 7

Technical approval and financial sanction to plans and estimates for execution of any original work on a national highway shall be accorded by the executive agency only after the approval of an officer of the rank of Chief Engineer or Additional Chief Engineer or Principal Engineer in charge of national highway works has been obtained.

8 8

ln case the executive agency considers it necessary to accord technical approval and financial sanction after the approval of officers of the rank of Superintending Engineers possessing requisite technical, administrative and financial powers, the prior approval of the Central Government shall be obtained but in all such cases they shall have to consult the Regional Officer concerned of the Ministry of the Central Government dealing with the national highways.

9 9

In the case of projects, concerning byepasses, realignment and improvement of geometrics as also designs for bridges of length up to 100 metres and of  individual spans not exceeding 30 metres even where cost may be within Rs. 10 lakhs, no work shall be sanctioned by the executive agency without prior approval of the Regional Officer concerned of the Ministry in the Central Government dealing with national highways.

10 10

In the matters relating to technical approval and financial sanction, the following procedure shall be followed, namely:-

(i) In case of the works where standards and designs adopted in the estimates are in accordance with the Indian Roads Congress Code and specifications and any other relevant instructions, guidelines, standard bridge designs, etc., issued by the Central Government from time to time, copies of the sanctions accorded by the executive agency shall invariably be endorsed to the Regional Officers concerned of the Ministry in the Central Government dealing with national highways along with complete copy of the estimate so that event after sanction, they could examine the matter and bring to the notice of executive agency deviations from such Code, specifications, instructions, guidelines, standard bridge designs, if any.

(ii) Where for any work, deviations, from approved standards, specifications, instruc- tions, guidelines issued by the Central Government have to be made due to local conditions, no work shall be sanctioned by any executive agency unless a complete copy of the estimate is furnished to the Regional Officer concerned of the Ministry in the Central Government dealing with national highways and his approval has been obtained in accordance with the general instructions issued by them from time to time governing the disposal of such cases. A brief mention of these deviations shall also be made by the executive agency in the abstract estimates to be sent to the Central Government quoting the reference of approval of the Regional Officer concerned.

(iii) In all other cases where proposed deviations do not fit in with the general instructions issued by the Central Government or are not necessitated due to local conditions, technical and financial sanction thereto may be accorded by the executive agency with the prior approval of the Central Government on a reference being made in this behalf along with a copy of the detailed estimate through the Regional Officer of the Ministry of the Central Government dealing with the national highways who shall forward the same to the Central Government with his comments thereon.

(iv) After the budget estimates have been accepted by the Central Government, the funds likely to be available for the work shall be intimated to the executive agency concerned. Work-wise allotment of funds shall be made by the Central Govern- ment and the same shall also be communicated to the executive agency concerned for further necessary action as soon as the budget is passed by the Parliament. Sanction for entering into financial commitments may be accorded by the executive agency only after the budget is passed by the Parliament and the same is intimated to the executive agency. All other actions including technical sanction to the project, calling and receipt offenders, negotiation for their settlement, etc., may, however, be taken by the executive agency as soon as the acceptance of the budget estimate by the Central Government has been intimated to it.

NATIONAL HIGHWAYS (TEMPORARY BRIDGES) RULES, 1964

In exercise of the powers conferred by

section 9of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT TITLE

-These rules may be called the National Highways (Temporary Bridges) Rules, 1964.

RULE 2 RATES OF FEES

The rates at which fees for services rendered in relation to the use of temporary bridges on any national highway may be levied, shall be as specified in the Schedule to these rules.

RULE 3 PROCEDURE FOR COLLECTION OF FEES

-The Central Government may-

(i) collect the fees payable for services rendered in relation to the use of temporary bridges departmentally; or

(ii) lease out, by public auction or by negotiation, for a period not exceeding one year at a time and subject to such conditions as may be specified in the lease deed, the right to collect such fees:

Provided that where such right is leased out by negotiation, the reasons for the same shall be recorded in writing.

SCHEDULE 1 SCHEDULE

Fees for services rendered in relation to the use of temporary bridges on National HighwaysSl. No. Nature of service Rate of fees (in Rs.) 1. Palkee with 8 bearers and travellers . . . 0.37 2. Palkee empty . . . 0.19 3. Palkee with 6 bearers and travellers . . . 0.25 4. Palkee empty . . . 0.12 5. Dolly with 4 bearers and travellers . . . 0.19 6. Dolly empty . . . 0.06 7. Dolly with 2 bearers and travellers . . . 0.09 8. Dolly empty . . . 0.06 9. Ekka, Rath, Manjhauli with single bullock or party . . . 0.19 10. Ekka, Rathless bullock pair . . . 0.25 11. Drawn by horse or one or two bullocks with travellers and sayees . . . 0.50 12. Drawn with sayees only . . . 6.37 13. Four wheeled carriage on spring drawn by one horse or pair of bullock with travellers and servants . . . 1.00 14. Four wheeled carnage with servants only . . . 0.75 15. Four wheeled carriage drawn by two horses with travellers and servants . . . 1.5016. Four wheeled carriage with servants only . . . 1.00 17. Four wheeled carriage without spring drawn by two bullocks laden and with travellers . Four wheeled carriage empty . Four wheeled carriage drawn by more than two bullocks laden or with travellers . Four wheeled carriage empty . Hackney with pair of bullocks laden . Hackney with three or more bullocks laden . Hackney empty . Hackney empty with three or more bullocks ..... Bullocks or buffaloes in drive per score if less than one score .... Bullocks and buffaloes if less than one score .... Bullocks or buffaloes if laden .... Sheep goats in drive per score .... Sheep if less than one score .... Dog .... Horse with rider or sayees or both .... Ponny with rider or sayees or both .... Ass or mule laden with driver .... Ass or mule unladen with driver .... Camels laden in strings per 1/4 score .... Camels laden in less than ten each .... 0.31 each 37. Camels laden/unladen in string per half score. . . 1.50 38. Camels if less than ten .... Elephant with gear or howdah .... Motor car (in addition to Rs. 10.00 additional 25 P. for every occupant) .... Loaded truck or passenger bus .... Unloaded truck or passenger bus (in addition to Rs. 12.50 P additional 25 P for every occupant) .... Rickshaw loaded .... Rickshaw unloaded ... 0.12 45. Motor cycle with side car ... 0.50 46. Motor without side car ... 0.25Services exempted from fees 1. Mails, mail-carts, dak-runners, and Government telegraphs messengers on duty. 2. Police and other public officers and process serving peons when travelling on duty with their bona fide baggage, horse, palkies or other conveyances. 3. Executive officers of the District Road Department when travelling on duty. 4. Members of the District and Local Board travelling on duty connected with their office as such members. 5. Coolies engaged in repairing roads, with their tools and instruments. 6. Persons carrying dead bodies or property sent in by the police. 7. Military officers, when travelling on duty, troops in uniform and their families, attendant, animals and vehicles accompanying them. 8. Vehicles moving under the orders of military authority. 9. Government servants travelling on duty, their attendants, animals and vehicles accompanying them. 10. Persons and animals employed in and vehicles transmitted on the public service. 11. Vehicles employed in connection with the transport of materials or goods owned or purchased by Government while proceeding with, or travelling empty for taking, such a load. 12. Village kotwals travelling on duty and accused persons in custody. 13. Persons, animals and vehicles conveying materials for use on works in charge of the P.W.D. 14. Pedestrians.

NATIONAL HIGHWAYS (FEES FOR USE OF PERMANENT BRIDGES) RULES, 1992

In exercise of the powers conferred by

section 9of the National Highways Act, 1956 (48 of 1956) and in supersession ofthe National Highways (Fees for Use of Permanent Bridges) Rules, 1978, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1)These rules may be called the National Highways (Fees for Use of Permanent Bridges) Rules, 1992.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(a) "executing agency" means- 

(i) in the case of those National Highways administratively placed under the

charge ofthe Border Roads Organisation, the Border Roads Development Board;

(ii) in the case of those National Highways administratively placed under the charge of National Highway Authority, the National Highway Authority;

(iii) in other cases the State Government/Union Territory Administration to which such functions are delegated undersection 5-of the Act.

(b) "Fee Inspector" means a person authorised by the executing agency concerned to collect fee in respect of any mechanical vehicle crossing a permanent bridge and includes every government employee posted on such bridge in connection with the collection of fees.

(c) "Form" means Form appended to these rules.

(d) "mechanical vehicles" means any vehicle designed to be driven under its own power including a motor vehicle as defined in clause (28) ofsection 2 ofthe Motor Vehicles Act, 1988 (59 of 1988)-.

(e) "Pay and Accounts Officer" means Pay and Accounts Officer (National High- way) Ministry of Surface Transport, New Delhi.

(f) "permanent bridge'' means a bridge with permanent structures, the cost of which including the cost of the bridge proper, approach roads, guide bunds and protective works, excluding the cost of toll booths, is more than.- 

(a) rupees 25 lakhs and upto rupees 100 lakhs each, completed and opened to

traffic on or after first day of April, 1976 but before the first day of May, 1992 on National Highways; and

(b) more than rupees 100 lakhs each, completed and opened to traffic on or after first day of April, 1976 on National Highways.

(g) "Sectional Officer/Junior Engineer" means an officer ofthe State Public Works Department (Road and Building) or any other Department dealing with National Highways having that designation and being in charge of a particular road or bridge located on a National Highway.

RULE 3 RATES OF FEES AND ITS PAYMENT

-These shall be levied and paid to the executing agency, on behalf of the Government of India, fees on mechanical vehicles for the use of permanent as specified in the Schedule annexed to these rules.

RULE 4 DISPLAYING OF RATES OF FEES

-A table displaying rates of fees, rates authorised to be levied at any permanent bridge, shall be put up at 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 permanent bridge is situated.

RULE 5 PROCEDURE FOR COLLECTION/REALISATION OR AMOUNT, HANDLING ETC

(1) 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. The executing agency concerned shall make necessary arrangement for putting up adequate number of collection booths, operated manually or by automatic arrangements or by combination or 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 permanent bridge, who shall be authorised to collect fee in respect of any mechanical vehicle crossing the permanent bridge at the rates specified in the Schedule.

(3 ) There shall be provided, at either end of a permanent bridge, 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.

RULE 6 MODE OF COLLECTION OF FEE

(1) Every driver, owner or person incharge of a mechanical vehicle shall, before crossing the permanent bridge or after having crossed it, stop his vehicle at the cross bar and pay the fee leviable in respect of the vehicle at the fee collection booth. 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/owner/person incharge of the mechanical vehicle.

(2) In the case of two or more bridges falling in close proximity to each other within 80 kms from a point at the beginning of the approach of entry of the first bridge to be crossed, under the jurisdiction ofthe same executing agency, the fee maybe collected, from the driver, owner or person incharge of each vehicle on the first bridge which he intends to cross. The driver, owner or person incharge ofthe vehicle holding the receipt of such payment shall be allowed to pass through other aforesaid bridges unhindered after showing the receipt to the Fee Inspectors posted on the other bridges. Details of such bridges shall be displayed at a conspicuous place near the fee collection booths ofthe bridges covered under this sub-rule, legibly written or printed in English, Hindi and the regional language of the area in which the said bridges are situated. The collection of fee will continue till aggregate cost of all bridges in the reach is recovered.

(3) The Fee Inspector shall, on receipt ofthe fee specified in the Schedule, fill up a receipt in duplicate in Form 'A' and deliver one copy thereof to the driver, owner or the persons in-charge ofthe 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 bridge more than once in a day, the user shall have the option to pay one and a half times ofthe rate specified in the Schedule while crossing the bridges in the first trip itself, or if the vehicle has to use the bridge quite frequently the vehicle owner can have a monthly pass on the payment of charges equal to 30 single rates..

RULE 7 REMITTANCE OF FEES COLLECTED

(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 1600 hrs and 1700 hrs the Fee Inspector on duty shall hand over the entire amount of fee collected during the preceding 24 hours to the Sectional 0fficer/ Junior Engineer-in-charge of the 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 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 permanent bridge in connection with the collection of the fees and maintenance of proper accounts and records.

(9) The Sub-Divisional Officer, in-charge of the roads on which the permanent bridge is situated, shall pay surprise visits, at least twice amonth, at the offices of the Fee Inspector and 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 other records 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 concerned.

(10) In case the fee collection is through a contractor (on the basis of competitive bidding) the agreement duly executed shall provide for remittance by the contractor of the proportionate amount payable by the contractor for the period of contract at least once every month to the executive agency/or his authorised representative.

RULE 8 TENURE OF COLLECTION OF FEES

-The levy of fee shall be discontinued in respect of bridges costing more than rupees 25 lakhs and upto rupees 100 lakhs completed and opened to traffic on or after the first day of April, 1976 but, before the first day of May, 1992 on National Highways forthwith or after the expiry of the existing contract period in cases where contracts have been entered into for fee collection. The National Highways (Fees for use of Permanent Bridges) Rules, 1992 37 The levying of fee shall also be discontinued in respect of bridges costing more than rupees 100 lakhs completed and opened to traffic on or after First day of April, 1976 on National Highways as soon as the full cost of the bridge or a group of bridges including the cost of approaches, cost of structure to be put up for the collection of fees, guide bunds and protective works, including interest thereon as also the maintenance and special repairs expenditure thereon, upto the date of discontinuance of the levy is recovered.

RULE 9 SUBMISSION OF RETURNS

-The executing agency concerned shall furnish in the first week of July, October, January and April to the Pay & Accounts Officer:-

(a) month-wise consolidation statement showing the amount collected and remitted on account of fees proceeds in respect of each permanent bridge with the details of number and date of the demand draft by which the amount has been remitted;

(b) month-wise break-up of the expenditure incurred on each permanent bridge by the executing agency required to be reimbursed on account of collection of the fees on the basis of actual expenditure incurred.

RULE 10 FURNISHING OF SECURITY

- The Fee Inspector and 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 Executive Engineer.

RULE 11 CREDIT OF THE PROCEED OF THE FEES AND ITS UTILISATION

( l ) The proceeds from the fees shall form part of the Consolidated Fund of India. A sum equal to the amount estimated to be received during an year shall be provided in the Demands for Grants of the Ministry of Surface Transport for transfer to a non-lapsing Reserve Fund not bearing interest within the Public Account of India, to be set up by the Central Government. The amount standing to the credit of the Fund would be allocated by the Central Government for development of National Highways in the State and the Union Territories. The amount to be allocated to various States and the Union territories, shall as far as possible, be equal to the fee collected in the respective States under these rules, reduced by collection charge not exceeding 12 per cent of the total collections within the State. The collection charges shall be reimbursed to the executing agency concerned in the manner indicated in sub-rule (3) of this rule. The collections so made to the States and the Union Territories shall be over and above their normal plan allocations.

(2) The allocations so made shall, however, be subject to planning discipline and shall be a Plan expenditure which shall be augmented to the extent of the net proceeds after excluding the collection charges from the proceeds of the levy. The proceeds of the fees remaining unutilised at the end of the financial year shall not lapse at the close of that financial year but shall be available for being utilised during subsequent year or years against individual works to be approved by the Central Government.

(3) Payments ofthe amounts in reimbursement ofthe expenditure incurred by the executing agencies on collection of fees, not exceeding 12 per cent ofthe total collection of fees shall be made by the Central Government by specific payment sanctions from out ofthe specific budget provision to be made by the Central Government in its budget from year to year.

SCHEDULE 1 SCHEDULE

(Seerule 3-) Fee chargeable in respect of Mechanical Vehicle using permanent Bridges, costing more than Rs. 25 lakhs on National Highways complete/to be completed and opened to traffic on or after 1st April, 1976 in regard to vehicle other than defence vehicles, vehicles with VIP symbols, police vehicles, fire fighting vehicles, Ambulance, funeral vans. Posts and Telegraph department vehicles and Central and State Government vehicles on duty. TABLESI. Particulars Motor Cycle, Motor car, taxi, Bus, truck and other Other mechani- No. of bridges Scooter or Jeep, Pick-up heavy vehicles in- cally propelled any other Vans, Station cluding truck trailer vehicles (not two wheeled Wagons, Tempo, combination mentioned mechani- Auto-Rickshaw, above like mo- cally three-wheeler bile crane, doz- propelled scooter or other ers earth mov- vehicles auto-driven light ers, road rollers vehicles etc. loaded or unloaded Without With trailer Laden Unladen 1 2 3 4 5 6 7 8 1. Fee for bridges 0.50 2.00 3.00 6.00 3.00 6.00 costing more than Rs. 25 lakhs and upto Rs. 50 lakhs complete/to be completed and opened to traffic on or-after 1st April, 1976 but before 1st May, 1992. 2. Fee for bridges 0.50 2.00 3.00 8.00 4.00 8.00 costing more than Rs. 50 lakhs and upto Rs. 100 lakh complete/to be completed and opened to traffic on or after I st April, 1976 but before 1st May, 1992 The National Highways (Fees for use of Permanent Bridges) Pules, 1992 39 1________2_________ _3_________ 4_________ _5 6__________7 8 8 3. Fee for bridgs Nil 5.00 5.00 15.00 15.00 20.00 costing more than Rs. 100 lakhs complete/ to be completed and opened to traffic on or af- ter 1st April, 1976.Note:-(1) When the same vehicle has to cross the bridge more than once in a day, the user shall have the option to pay one and half times. The above rates while crossing the bridges in the first trip itself, or if the vehicles have to be used a bridge continuously and quite frequently for the entire month or even beyond that, for much longer period the vehicle owner can even have a monthly pass payment of charges equal to 30 single rates. (2) The following vehicles having VIP symbols shall be exempted from the payment of such fee: President and Vice-President of India, Central and State Ministers, Leaders of Opposition in Lok Sabha/Rajya Sabha/State Legislatures having the status of Cabinet Minister, Governors/Lt. Governors/Executive Councillors/Speakers/Chairman of Central and State Legislatures, Foreign Dignitaries on State visit to India, Foreign-Diplomats stationed in India using cars with CD symbols.

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

In exercise of the powers conferred by

section 9read withsection 8-Aof the Nationl 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 Highway/ Permanent bridges/Temporary Bridges on National Highways, namely:-

RULE 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 Highway) Rules, 1997.

(ii) They shall come into force on the date of their publication in the Official Gazeette.

RULE 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) ofsection 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 develop- ment/maintenance of which an agreement has been entered into between the Central Government and any person.

2"(c) "person" shall include any company or association or body of individuals whether incorporated or not"

RULE 3 AGREEMENT AND RATE OF FEE

(1) The Central Government may enter into an agreement with any person in relation the 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.

2"(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 display boards and size of letters being such that it is easy for drivers to read the display boards"

RULE 4 MODALITIES OF FEE COLLECTION

(1) The mode of fee collection shall be decided by the person referred to in sub-rule (1) ofrule 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.

RULE 5 Incharge of fee collection

-3 "(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: 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/Rajya Sabha/State Legislature having the status of Cabinet Minister, Governors/Lt. Governors/Executive Councillors/Speakers/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) Defence vehicles, Police vehicles. Fire-fighting vehicles, Ambulances, Funeral vans, Posts and Telegraph Department vehicles, and Central Government and State Government vehicles on duty.

(2) The name, address and telephone number, if any, of the incharge of a fee collection shall be displayed at suitable and conspicuous locations.

RULE 6 VERIFICATION OF FEE COLLECTION

(1) It shall be the responsibility of the person referred to in sub-rule (1) ofrule 3to 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) ofrule 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.

RULE 7 PERSON TO HAVE RIGHTS TO REGULATE TRAFFIC

-The person referred to in sub-rule (1) ofrule 3shall 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 theMotor Vehicles Act, 1988for proper management thereof.

NATIONAL HIGHWAYS (FEES FOR THE USE OF NATIONAL HIGHWAYS SECTION AND PERMANENT BRIDGE-PUBLIC FUNDED PROJECT) RULES, 1997

In exercise of the powers conferred by

section 9of 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.

RULE 1 SHORT TITLE, EXTENT AND COMMENCEMENT

(i) These rules may be called the National Highways (Fees for the Use of National Highway, Section and Permanent Bridge-Public Funded Projects) Rules, 1997.

(ii) They shall come into force on the date2of their publication in the Official Gazette.

RULE 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 Organisation, 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 undersection 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) ofsection 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;

(i) "Pay and Accounts Officer" means Pay and- Accounts Officer (National Highway), Ministry of Surface Transport, New Delhi;

3 '(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 works, excluding the cost of toll booths, which is more than rupees 25 lakhs and upto rupees 100 lakhs 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 before the date of the publication of this notification in the Official Gazette and thereafter all the bridges costing more than Rs. 500 lakhs on National Highways, which shall be notified separately for levy of fee collection'.

(k) "National Highway Section" means continuous length of any National High- way or By pass which shall be notified for separately levy of fee collection;

(l) "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.

RULE 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.

RULE 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.

RULE 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.

RULE 6 COLLECTION OF FEES DEPARTMENTALLY

(1) The executing agency concerned shall make necessary arrangement for putting up adequate number of collection booths, oper- ated manually or by automatic arrangement or by combination of both as may be con- sidered 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.

RULE 7 MODE OF COLLECTION OF FEE IN CASE OF DEPARTMENTAL FEE COLLECTION

(1) Every driver, owner or person incharge 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 incharge 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 collec- tion 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.

RULE 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 upto 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 col- lection 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, atleast 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.

RULE 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 authorised 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 incharge 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 Highway), 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.

RULE 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 ofNational 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.

(1) National Highways Section/permanent bridges built under public funding pro- gramme and offered for developing further contiguous sections of such National High- way 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.

RULE 11 TENURE OF FEE COLLECTION

-The fee shall be collected in perpetuity by the ex- ecuting agency.

RULE 12 SUBMISSION OF RETURNS

(1) The executing agency concerned in case of depart- mental 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 fees proceeds in respect of each National Highway Section or permanent bridge alongwith 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.

RULE 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.

NATIONAL HIGHWAYS (RATE OF FEES) RULES, 1997

In exercise of the powers conferred by

section 9read with sub-section (1) ofsection 7of 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 :

RULE 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 date2of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise require,-

(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) ofsection 2 of the Motor Vehicles Act, 1988 (59 of 1988)-.

3 (c) "bridge" means a permanent bridge or a temporary bridge, as the case may be, the cost of which includes the cost of bridge proper, approach roads, guide bunds and protective works, excluding the cost of toll booths, which is more than rupees 25 lakhs and upto rupees 100 lakhs 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 before the date of the publication of this notification in the Official Gazette and thereafter all the bridges costing more than Rs. 500 lakhs on National Highways, which shall be notified separately for levy of fee collection'.

(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.

NATIONAL HIGHWAYS (MANNER OF DEPOSITING THE AMOUNT BY THE CENTRAL GOVERNMENT WITH THE CPOMPETENT AUTHORITY FOR ACQUISTION OF LAND) RULES, 1998

Published in the Gazette of India, (Extra.), Part II, Section 3(ii), No. 6 dated January 4, 1999 MINISTRY OF SURFACE TRANSPORT G.S.R. 12 (E), New Delhi, the 4th January, 1999.- In exercise of the powers conferred by clause (aa) of sub-section (2) of

section 9 of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the National Highways (manner of depositing the amount by the Central Government with the competent authority for acquistion of land) Rules, 1998.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 MANNER OF DEPOSITING MONEY WITH THE COMPETENT AUTHORITY

(1) Subject to the provisions of the Act, the executing agency authorised by the Central Government in this behalf shall deposit, - 

(a) the amount determined undersection 3Gof the Act, and

(b) where the amount determined by the arbitrator undersection 3Gof the Act is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded by the arbitrator, within seven days of such determination or award by the competent authority or by the arbitrator, as the case may be, with the competent authority through demand draft.

(2) The competent authority shall deposit the amount received under subrule (1) in a separate Public Deposit Account in the Public Account of India and the provisions of sub-section (2) to (4) ofsection 3Hof the Act shall apply to such deposit.

Explanation. - For the purpose of this rule, - 

(a) 'Act' mens the National Highways Act, 1956 (48 of 1956),

(b) the expression 'executing agency' shall have the same meaning as assigned to it under clause (2) of rule 2 of the National Highways Rules, 1957.