14218 (e) Distance of the Fuel Pump from the Carriageway road lan 5 ct othe provision thatthe distance fom the outer edge or offer tip my sou ak Be Tess than 7 Fel pump should be outside th i) Dealnaye The ighvoay. Dut is collsted i st approaches o Cache drainage 5. PYPESIEXTENT OF VIOLATIONS AND INFRINGEMENTS IN PETROLDIESEL OUTLET INSTALLATION sould to adssuate dsinogearsngoments i Bul filling staons so Uh surface water doss nat ow over the ‘Taig and Tod away to & matoral course, Culverts should be provided at she A perusal of Bihar, Haryana, Uttar Pradesh, ete.) has reveale ete ase studies of some of the petrolidiesel pumps located along National Highways (ie the following deficiencies and inftingements in location, layout Renal one pomp withowt fh Deed with Gover sha he deuepnent wodk fo the pot! pump and te OF! Companies having energie he are is tmving sain te pane approval of te Rox Autorigy and signing ofthe Liens sof Indi (6) Close prosinity of petal pumps wo each a (iy Inadequate dance of pap installation fam conte fine of National High is) Location f peel pansp very near 0 9 nerseton ” vat ole pe pap ara and in soniution of NH Tand wo the eamiagensy, which fanamounts 10 cent oa the NE Ton Goi) Level ot pimp ate being higher to tat NH pavement resting in ow of in water ono ariagewey eid oper surice water drainage and cross drainage sys; and (ui) Lac of separate enty and exit duet paving of he Fl omags and not leaving a Buller sr Gx) Nonstandard shapes and sive of biter steps 6 PRESENT PROCEDURE 6.1 itis the prime responsibility of the Os! Companies to follow the preserbed standards and procedure 1) seiting-up of petol pump stations. The IRC guidelines in this regard are required to be scrupulously followed. It is se i the petrol pump drawings ae prepared by Oil Companies (and not by petrol pomp owners) which srastd nonmelly take inte account the requirement of the prescribed standards of the Road Authority These Grawings are sent by the Oil Companies to Distict Magistrate/Autboriies/Licensing, Avthoriy for issue of ‘No Objection Cerifiate™. Normally, the Disrct Magistrate | other Auroriies are expected to consult the concemed PWD/Road Authority before issuing the ‘No Objection Certificate’ 62, ‘The State PWD or Local Road Authority examines the drawings to ascertain whether the locaton sn Thyout conforms to IRC:I2-1983 and, if so, approves the proposal and permits the Hoences fo Fons approaches, aaa eoaromfter he has executed the Licence Deed for licensing of NH lan forthe constuction of approach road to petrol pump abutting the Netiorial Highway. 63. In cases, where the standard, conditions are nt satisfied, the proposals ace not approved bu the partics Concemed are asked 10 make necessary modifications s0 as to conform to these conditions, 64, Proposals, where it is not practicable to fulfill standard conditions, Put the Stste Chief Engineer 6a mmends certain relaxation, are refered to the Govemment of India in Ministry of Surface Transport Roads Wing) together with reasons for relaxation for final detision 65. ‘The problem mainly arises when the District Magistate/Licencing Authortes Jo not consul Ne Road sinority and give No Objection Ceriicste" after siisiying themselves only regarding safe) in MONS of explosive material, fire safety, etc. The Livensing authorities in some State are understood to be granting "No Ohection Cerieat’ only a8 per provisions of Indian Petroleum Act. These ae solely on the angle of regulation Teyunding explosives and do not imply other approvals which are necessary before the retail outlet can be installed.14219 66, Since the NH land vests with the Government of India, approach to the NH from the petro! pump cannot be constructed until the concerned party has’ complied with the stipulated requirements in this regard and signed the prescribed Licence Deed Agreement with the Government of India 7 NE DED MODIFICATION IN SEQUENCE OF OPERATIONS/PERMISSIONS (i) Atthe time of making a reference tothe District MagisatelLisesing Authority for a “No Objection Certifies" the Oil Companies should also simultaneously make a reference w the concerned State PWDVRoad uthritie tad obs {goal the location and fyout and permission ov construction a approach toad fom the Ni ete pete! pune For facilitating proper interaction and contol on istallaion of petoidesel pumps, copies Of sich references shoul ee endorsed to the remaining concerned Aushvites (id AS a mater of abundant precaution, the Hiss of “No Objetion Cenc’ by the Dist Magrate/Lisencing ‘Authority should be made conditional subject 0 the Oi! Company having btuined necessary appcwvalipecnssion fone the concemed Road Authority and signed the Licence Deed before going ahead wth aca aston ofthe sump oa 8 copy ofthe same endorsed to the Road Authosty.Stipcltions to this elfet should be elealy made n he WO ‘lar reciprocal procedure stould be followed ty the Road Authoriy while evunding hs apreoce (Gi) Tae pump shouldbe energised by the Oil Companies only ater the Licence Deed for use uf NH land for consttion of approach road kas been signed between the concemedpvvate pany snl the Government of Inia, and the Ne Osicoon Cenifeste” issued by District Authorities 8. CORRECTIVE ACTION FOR EXISING PETROL/DIESEL PUMPS Licence Deed for use of NH land for approach road to the petrol pump has a validity of three years and the same is required to be renewed thereafter. While considering the case for renewal of the licence deed for the existing petrol pumps, any’ deficiencies in terms of location, !syout, signage, drainage, etc. and any inffingements from the stipulated IRC norms should be carefully identified and got rectified from the Oil Company/Outlet Owner by the concemed Road Authority before the licence deed is renewed by the Ministry of Surface Transport, This requirement needs to be meticulously enforced by the concemed Road Authority 9, Tis, therefore, requested that deficiencies of the existing petrol/diesel outlets may be identified and action initiated to get these rectified atthe time of renewal of licence deeds. Further, the permission for new petrol! ‘ese! outlets should be strictly regulated as per the norms and suggestions brought out above, 10. The Ministry of Petroleum & Natural Gas and the Oil Companies are separately being advised to insist on approval of the Road Authorities before energising Petrol/Diesel retail outlets in future and also at the time of renewal of existing licences. 142.20 No. RW/NH-11021199-US(D.D Dated, the 6th August, 1999 Subject: Licensing of NH Land forthe consiston of approach rout to privte property abuting on National Highways Consolidated instructions regarding licensing of National Highway land for the construction of approach Feads to Private property abutting on National Highways were issued to State Governments vide this Mistry's {ites NoNICIIVP/AT/S dated 30th October, 1980, According (0 these instructions, powers have been delegated 1 the State Chief Engineers for approving such proposals provided that these conform to the standards mentioned in the letter. The licence can be permitted to construct the approaches after he has executed the licence deed Dreseribed for the purpose. The State Chief Engineers are required to forward a certificate to the effect that all Standard conditions have been satisfied together with the certified copy of the lay out plan along with the licence dead fo the Ministry for signature for and on behalf of the President of India. Thus, the responsibilty for the correciness of the proposal vests with the State Chief Engineer once he has issued the necessary certificate 2 It has now been decided that the lisence deed for such case may be signed by the Under Secretary concemed, on behalf of the President of Inda, after the project Chicf Engineers have broadly examined the techater| ‘aspects to ensure their conformity with the prescribed standards 3 The above instructions may please be strictly adhered to, in future, for all such cases,142/20 142.21 No. RW/NH-33023/19/99-DO.ML Dated, the 31st August, 2000 To All Chief Secretaries/Seeretat ers PWD/Roads of all State Governments/UTs (dealing ‘vith National Highways & Central red Schemes); Director General Border Roads: Chairman, National Highways Authority of India sonect: Syston Improvement for Insiaiaion of eto Diseiae Rel As and servicestations as well a5 acess to private ropes along National Highoenys ‘This Ministry had issued detaiie of approach roads to private properties incl Highways vide letter No.RW/NH-IP/7 tuctions on licensing of National Highways land for construction tregotrbiese! Retail Outlets and service stations abutting National 10,1980 and RW/NH-ID/P/72/76-Vol.II dated 19.2.1987. The dated vier for system improvement for installaion of Petrol/Diesl - i Outlets along National Highways was laid sravn By Ministry's eirulae No RWINH-33023/1999-DO-E dated 7.71999. 2, tiowover, it has been reported that there is stil some lacunae in the POET system of installation of Feta! Outlets Service Stations and private properties, Yeading 10 dome ‘National Highways, reducing safety and ean ceable time lag. in the process. Therefore, it has been dee. streamline the procedure for installation of cennalidiesetgas Retail Oullels/ Service Stations and private properis along National Highways. 3 “The general requirements governing the Tasation and layent of petrol/diesel retail outlets and serviee * ations have been specified in IRC:12-1983, “Recommended Paget for Location and Layout of Roadside Motor sat ting and Moter-fuel Piling-cum-Service Stations’. Considering ‘the nature of changing traffic on National Highways and experience in the field, i bas been decided “amend some of the requirements as applicable t0 Nukional Highways. Stipulated Norms regarding location, layout and other features of petrol/dicsel rates are given in reat and dnnexure-T enclosed with tis cireula. Regarding ‘cach road to private properties, provisions made in para 4 of Ministry's circular No-RW/NHAUL-D/17/76 eee 30.10.1980 (Licensing of NH land for construction of Spproach road to private property butting National Highways) and para 7.4 of TRC:62-1976 (Guidelines For Control serreecess of Highways) pave been amalgamated, with ‘ight modification and reproduced in para 13 of ‘nnenue'L, Approach road to private properties may be egulaed 25 per paras 7, 8 & 13 of Annexure-T and Check aaeaarred with this circular. Modified procedure for installation if retail outletsiprivate properties, ete. are given in para 4 below. 4 PROCEDURE FOR INSTALLATION FOR NEW RETAT: OUTLETS (PETROL/DIESEL/GAS) AND ACCESS TO PRIVATE PROPERTIES 4a, ‘The present procedure was outlined in para 6 of He Ministry's circular No. No RW/NH-33023/19- 43 pov dated 277.1999. To streamline the present syste, Ihe ‘procedure may be modified as follows. 42. Itis the prime responsibility ofthe oil companies private pares 19 follow the IRC guidelines and the 42 sin this circular while preparing the drawing forthe real sutled’ private properties. At the time of making ners oe to the District Magistate/Authorides/Licensing ANDOSY for issue of “No Objection Certificate”, the oil ‘Sinan private parties should simultanenusly re ¢ #1000 to the concerned Highway Authority. The issue corn pjeation Cerificate” by Licensing Authority should Be mate conditional to the oil company/private parties caving obtained necessary approvelpermisscs fom HEH "authority and executed the License Deed before going ahead with the actual installation ofthe pump aie copy should be endorsed to the Highway Authority. The aon spauExeeutive Engineers (or equivalent) of Highway susory 2 inform the concemed Licensing Authority pont this requirement, Iti reiterated that any “No Objection ‘Centificate” granted by any Licensing Authority is not pinging on Highway Authority as such. 43. “The Highway Authority atthe level of Superintending Pagitoe! © the case of State Public Works DepartientBorder Roads Organisation ( BRO ) en Geveral Manager in the case of Nationsl Highways Authority Detiidia (NHAD shall examine the drawings and document © if the location end layout of retail outlets of orms to norms given in Check List and Annexure of thie circular and if 50, forwacd the documents and14221 drawings as per Anmexnre-fT to the Ministry through Rewional Officer of Ministry for approval and signing of licence deed. Construction should be permitted only after approval and signing of licence deed in the Ministry. The Highway A\ entvBRO/NHAL should any approval to oil companies! retail outlet owners’private partios 6 se concemed Chief Engineer in the Ministry 's af the State Governn g of licence deed b 44. In cases, where the standard conditions are not satisfied, the parties concerned may be asked to modify the proposals. If in the rare case, it is not practicable to fulfill dhe stondard conditions, the Highway Authorities at the level of Superintending Engineer in the case of State Public Works Department/BRO and General Manager in the case of NHAL may forward the proposal to the Ministry through Regional Officer of Ministry along swith tailed reason for granting the relaxation and signing of licence deed by the concerned Chief Engineer in the Ministry. In the absence of a detailed explanation, the proposal would not be entertained 5 PROCEDURE FOR EXISTING PETROL/DIFSEL/GAS PUMPS/PRIVATE PROPERTIES ON EXISTING NATIONAL HIGHWAYS. 51 1 "© deed for use of Natiohal Highway land for approach road to the retail outletsiprivate Properties has a validity of three years and the same is required to he renewed thereafter, While considering the for renewal of the licence deed for existing retail outlets/private properties, any deficiencies in terms of location, layout, signage, drainage, ete, and any inftingements from the stipulated norms given in Check List and Annexure. {of this circular should be carefully identified and got rectified by Highway authority before licence deed is sent for renewal. This should be done at least four months before the existing ti ad lapses. 52, The Divistonal/Executive Engineer (or equivalent) of the Highway Authority will keep a register of record of Retail Outlets(private properties (which have been permitted access to the National Highway under his Jurisdiction) in the format enclosed with this citeular. A copy of the record should be sent to the Circle Office as well as to the Regional Officer of the Ministry. The record should be periodically checked by inspecting officials, 33. Four months before the lapse of the licence deed, a reminder should be sent to the owner of the retail outleVprivate property asking him to submit the documents for renewal of licence deed, Failure to comply by the date of lapsing of licence deed should be treated as violation of licence conditions and the access should be disconnected, 6 PROCEDURE FOR EXISTING RETAIL OUTLETS ON NEWLY DECLARED NATIONAL. HIGHWAYS. 61 Existing Retail Outletsprivate properties on newly declared National Highways will have to execute a Hicence deed when they are taken over. The Divisional/Executive Engineer (or equivalent) of the Highway Authority will take steps to complete a record as per para 5.2 and suitable reminders should be sent to each outlet owner. Necessary modifications should be got made to the retail outlet/private property to adhere to the standard norms given in Check List and Annexure-/ of this circular within six months of taking over of the newly declared National Highways by the concerned Highway Authority. If the owner of the retail outlevprivate property does not respond ‘and get the required rectification done within the stipulated time of six months, the access should be disconnected. 62. When a National Highway is transferted from one organisation to another, among other records, records of retail outlets will also be transferred. 7 PROCEDURE IN CASE OF WIDENING OF ROAD. 7. As per Clause 4 (4) of the licence agreement issued under Ministry's letter No NHIUP/17/7S dated 20th Oct., 1980, the licensee has to remove the approach road within six-month of a notice given to him by the Highway Authority, This provision may be used to shift the private property/retail outlet’s access roads, if required for widening 72. In case service roads are constructed, the access shall be from serviee roads and not from main carriageway. No compensation is to be given to retail outleUprivate property owner, as per Clause 4(15) of licence agreement. 8 Any retail outlevprivate property owner, who violates any of the conditions of licence deed or14222 constructs/mod:“ies retail outlet in violations of the stipulated norms for the retail outlets, should be given one month notice to rectify the violations. Ifthe necessary sectfications are not done wthin the time given in the notice access to the private propertiesiretail outlets should be disconnected. Annexure-l [Enclosure to Ministry's Civeular No. RWINH-33025/19/99-DOI! dated 31st ug. 2000) STIPULATED NORMS FOR LOCATION AND LAYOUT OF PETROL/DIESEL RETAIN. OUTLET AND SERVICE STATIONS ALONG NATIONAL HIGHWAYS 1 These norms have been finalised after suhstantiaily modifying IRC:12-1983 “Recommended Practice for Location and Layout of Roadside Motor Fuel Filling and Motor Fuel Fillin tation”, These norms are applicable for National Highways. cinafter referred 10 as “Retail Outl 2 PeicolDiese! Retail outlets and se-vie station ete 3 GENERAL CONDITIONS OF SITING ‘As-a general rule, the clear distance between 10 adjacent Retail quot should not be less than 300 m 32. Clustering of Retail Outlets along highviay should be avoided and svecessive Retail Qutlets should be iecated suficiently apart, as indicated in peragraph 3.1. If for some reason two or more fuel filling stations are sited jn elose proximity these should be grouped together and x parallel service road provided by way of common acee The service road should be of adequate width and at least two-lane wide (7.0 m). jo not have to cut 33. Retail Outlets should be well distributed on both sides of the road, so that vehicles “rtioss the traffic to reach the Retail Outlet, The fuel filling statian on opposite sides shall be staggered, 34. A Retail Outlet should be at least 1 km away from the check basrier. 35. It ig desirable that Retail Outlets should be made a part of a rest area complex offering. various amenities, For new roads oF upgraded roads, this point may be incorporated in the plans, sprovements to the 36. It should be ensured that location of Retail Outlet does not intesfere with fur road and nearby junetions. 31 ‘The distance between the tangent points of the curves of the side road and that of Retail Outlet a veasured in a direction parallel to the centre line of the National Highway should not be less than 300 m and the “= Retail Outlet should be Tocated only in the out bound direction as shown in Fig. 1 3.8. ‘As far as possible in plain and rolling terrain, the Reta! Outlet should be located where the highway is Ponstically level, However, in hilly terrain the Retail Outlet should be sited only along such highway sections which are having gradient not steeper then 5 per cent. In all these cases, it should be ensured that etal outlet premises! service area has a minimum slope 2 pet cent for adequate drainage towards the drain where the surface runoff is designed 0 be tken ous 4, FRONTAGE, For easy flow of vehicles into and out of the fuel filling stations, the site should permit construction of sufficiently wide entrance and exit with easy curves. Therefore, the minimum frontage should be 30 m. 5 BURFER STRIP 5a |A bufler strip of at least 12 m long and 3m wide should be provided. 52. [No structure or hoarding, except approved standard identification sign on poles providing @ clearance Of at least 3 m above ground level, should be erected on the buffer strip.142/23 53. Kerbs of at least 225 mm high should be constructed on the periphery of the buffer strip to prevent vehicles fiom crossing it * edge of the road land boundary for National, Highways. Due space. for provision of roadside drain should be made, The future widening of the road should be kept in mind, so thn there is no obstruction to the improvement to the road. In all such cases, the distance from the edge of the butfer strip to the centre line of the carriageway should not be less thari 7 m. In case of National Highways, where cyele tr ice road are required now or in the near future, this distance should not be ess than 12 m. In case of divided carriageway, the distance shall be measured from the centreline of the nearest half of the carriageway, 5 ‘The space between the outer edge of the buffer strip and the rondway edge shall not be paved (but fed and raised from the approach road level with the provision of 225 min high kerbs in order to prevent the ace being used for parking purposes) except for entrance and evit, as shown in Fig, 1 6 VISIBILITY 6 ‘Vehicles entering or leaving the fuel filling station should be fully visible to the traffic using the main road. This is best done by selecting a site where there are no obstructions to the view between the fuel pump and the road. 62 No hedges or plants more than 600 on high should be grown on or around the butter Strip 7 LAYOUT OF ENTRANCE AND EXIT 7 The entrance and exit should be at feast 9 m wide, Tb prevent vehicles from entering or exiting too fa and preventing the appronch road being used for parking purposes, the width of entrance or exit should not be more than 12 m, 22. The ruling radius of the tuming curve should be 30 m and absolute, minimum should be 13 m. The radius of the non-tuming curves should be from 1.5 to 3 m. This is illustrated in Fig. 1 8 DRAINAGE, a. There should be adequate drainage arrangement in the fuel filling station/private property so. that neither the surface water flows over the highway nor there is water logging on the National Highway. For this a downward minimum slope of 2 per cent towards the retail outlet private property should be given to the access roads so that the elevation of roadway at the edge of buffer strip is at least 15 cm below the edge of the road and is in no place above any part of the carriageway. Surface water from the filling station/private property/access road should be collected in suitable drains and led away to natural course through the culvert to be provided at the edge of road land bouiiry as illustrated in Fig. 2, Preferably, slab type culvert with iron gratings of adequate strength as slab may be constructed in the approaches so that the surface water is drained through the holes in the grating. If Pipe culvert is used, then it should be ensured that the inner diameter of the pipe is not fess than 1 m for proper cleaning and necessary shallow drains are constructed along the access road and at the edge of the private premises! retail outlet so that the surface water is led to the open drain in front the buffer strip. If the open drain in front of the bulfer strip is to be covered for aesthetic reason, it should be covered with iron gratings pipes so that the surface Water js led to the culvert through the holes in iron gratings. In brief i is to emphasise that there should be adequate drainage arrangement either by the method mentioned above or otherwise as pet the satisfaction of the Highway Authorities/Ministy, 82 Adequate slope to the paved surface in the service area should be provided to ensure proper drainage of water, 83. The culvert and road side drain should be designed to cany discharge calculated according to any method described in IRC:SP-13 “Guidelines for the Design of Small Bridges and Culverts.” 9. KIOSK, LUBRITORIUM AND OTHER BUILDINGS ‘The Kiosk, lubritorium and other appurtenances thereto comprising a small office, store and compressor room should be located not less than 4 metres away from the fuel pump kerbing4224 10. DISTANCE OF THE FUEL PUMP FROM THE CARRIAGEWAY “the fuel pump shall be outs the 089 and, subject 10 the provision that the SEE from the inner tater gp tn the edge of he ato BAYES Petey eel tee SPACE INSIDE THE FUEL PUMP ‘There should be sufficient standing sP85% and suit quiring fueling, s0 tht they de 0 spill over to the Netion Sane disiance from the fuel filing PuMP so that vehicl shay feom the fuel PUP. cuniber of fae pumps © ay, It is desirable t0 have which hav ‘been refuetled can im SIGN BOARDS suitable entry and ext retroreflecive £7 board specification for Road and Bridge ‘Works as updated from tin Sey may be Tit up, IE necesserys 01 of Ministry of Sut * rotime, shal be installed ee for Vor a manner ao chat it does mot Cisact the attention of drivers B INSTRUCTIONS REGARDING F GULATION OF ACCESS POINTS! APPROACH ROAD TO PRIVATE PROPERTY 13.1 tn urban areas, the spacing of access © ational Highways should wherever Pe ve be 50 a imenval Hf the National Highway fikely to be developed as Expressway Motorway, the 8 1900 m. 2 sp ural areas, the spacings of conncelon™ from paralet service rouds and of HSS should not te closer than 750 m. Tnavidua) pace ays to private properties should 1eP toe spaced closer than 30 myer oF from an intersection, O hghovays with dual caciagevay generally be Timited to intersecio™ ah public roads and. should aot Be permitted for individual as eerere intersections are far apart, meine Ppenings may be provided at INE nis of 2 ken for permitting U=t “version of wae to ne of the _raetigowaye ames of ersergeneY 05 TAL Nepalis. As far a8 possible, a sun a property owners along the LEK Should be grouped rogetter and para service roads Ge Honk onstructed to give access at aod points. The geometics of Be gaweways should coaform 10 requisite standards comueive to smooth wie low as Sve fn paras 7 & 8 above rom cach, ot th median), median operins SN” Id Aunesurectl __ [Enclosure 10 Minisiry's Circular No. win 33023/19199-D0IT dated 3151 August, 2000 List of documents to be subsmitied for renewal of licence deed fr towing approzch road to Fetal outlets! private property ete. along ‘National Highways: o signed copy of Sicence deed a8 Pet pnnerneed of;ilieny”® oenar NO NHAUVP/TTS. dated 30.10.1980 ® rrapetion eepot of DivisonalfBeceuie sjooer (or equivalent) ors rerssensa® @ orticate that no modifications have Det made in the etait oueuprivate prover For! eaposal for which Hence deed ad SE signed. ® enified copy of drawings showing any smositieaions (done) wih apsoval ver HOT competent authority 6) Sectional view/drainage pla of retail outlet arca/private peopdfiy/and culverts im approaches. © Undertaking from the private party OF company that the pve pacpiell SMES would pay Trecessary rent for the use of the onal Highway land whenever the Ponts are asked by the highway authorities in fatur.14208 Annexure-I {Enclosure to Miniswy’s Circular No RWINH-33023/19/99-DOIIT dated 31 ng. 20007 List of documents to be submitted for getting approval for installation of new Retail Ouilets/Private property along National Highways a Signed copy of licence deed (dnmexure-T of Ministry's Circular No.NHIVP/17/75 dated 30.10.1980). O Cenitied copy of location plan of the retail outlet/private property along the National Highway showing details of right of way of National Highway, access roads to private properties, existing public roads and other developments falling within a radius of 1.5 km in each side of the retail outlet copy of plan of the proposed retail outlet’private property showing details of Access road, stip, fuel pump, kiosk, lubritorium, air and water supply, drainage details ete. w Certified copy of sectional view showing elevation of retail outletprivate property with respect 10 National Highway and slopes to be provided for adequate drainage and preventing water logging on National Highway. or Drainage plan of the retail outlev/private property area. ©) Details of material to be provided for paving the retail outlevprivate property a Inspection report of the officer inspecting the site of proposed retail outlet private property i) Certificate that all standard conditions have peen-specified 0° Detailed explanation for reasons for granting of exemption from guidelines/stipulated norms (If required). «ay Undertaking fiom the private party/ oil company that the private party/oil company would pay necessary rent for the use of the National Highway land whenever the rents are asked by the highway authorities in future {Enclosure to Ministry's Cireular No. RW/NH-33023/11/99-DO IIf dated 31st Aug. 2000} Check list for getting approval for installation of new Retail Outletsrenewal of licence deed for ex Retail Outlets/aceess (0 private prozerty along National Highways 1, GENERAL INFORMATION ul National Highway Number 12. State _ - 3 Location LBA, (Chainage in kay 7 132, {Side of NH (Left or righ side of NH towards inereasing chainage/km direction)] La. Name of Highway Authority (NHALPWD/BRO) 1s Executive Engineer (or Equivalent) address16 Name of Oi! Company {as applicable) Name and addi Private Property os of Owner of Retail Outlet 9, STIPULATED NORMS FOR RETAIL OUTLETS Trem Measure- ‘ment at Distance from n provision of 7.0 m wide service road pistance from check barrier | Is ita part of rest area complex? | pistance from tangent point of teurve from side roads and that of retail outlet 6. | Gradient of highway section (in billy terrain) Slope of retail outlet premises! cervice area for drainage Purpose Width of frontage Length of buffer strip Width of buffer strip Is the only one structure of approved standard identification sign oo poe with 3 m clesance from ground existing on buffer strip? 12,_ | Height of kerb on periphery of buffer strip 13, | Distance of outer edge of buffer sip from centerline of earrsige way 14, | ts the space from outer edge of puffer strip to the edge of road turfed and raised with provision Of 225mm kerbs, with no other structure? [MOST Norms Whether complying, Norms with MOST \ | Normst ecesary where \ of Retail Minimum 300 m3 \ Maxinium 5 pet Minimum 2 per sent | No winimum son YEN | siium 12m | ¥esN0 winimum 3m | Yes so structure YesNo hoarding exept approved standard identification sign on pole is allowed fon buffer strip. Minimum 225 nm | Yes!No ‘Minimum 7m YesNo ‘Minimum 12m (divided carraigeway) No structure oF YesNo hoarding ot parking space is allowed in the space in froat of buffer strip142/27 @ [2 @ @ 3 (6) 15. } Is there no hedges or plants 62 - 600 mm high on or around bufler | sip? 16, | Width of entrance’esit a Minimum 9 m YesNo Maximum 12m 7. | Radius of tuminy curve 72 Minimum 13 m YesNo Ruling 30 m 8. | Radius of non-uning eucve Minimum 1,5 m YesNo Maximum 3m 19. | Minimum downward slope of al Minimum 2 per cent | Yes'No ‘access roads towards the retail outlet Difference in elevation from edge 8A Minimum 13 em | YesNo of road and edge af butter strip Provision of culvert, designed for 8.18.3 | Minimum Im dia | YesNo drainage according to IRCSP-13 (ipe culvert) Minimum Im span Gab culvert) 22. | Distance of kiosks, ete. from the 9.0 Minimum 4 m YesNo Fuel Pump 23. | Provision of proper drainage 8 Drawing showing | YesNo arrangement for retail outlet drainage premises furrangement as per satisfaction of highway authorities to be submitted, 24, | Provision of suitable 2 = ‘YesiNo rettoreflective signboards Check list for getting approval for installation of new Retail Outletsrenewal of licence deed for existing Retail Outlets/access to private property along National Highways14228 enclosure to Ministy’s Circular No RIN INH-3302: Existing Retail Outlets/aces sriPuL: Sp item No. ATED NORMS FOR ACCESS TO PRIVAT | value Distance rom neatest B. | Prov rod sion of 7.0 m wide service Width of entrance/exit Radius of tuming curve Radius of non-tuming curve Minimum downward slope of 8 access roads Difference in elevation from edge al of road and edge of property Provision of proper drainage arrangement for runoft from private premises Provision of culvert designed for drainage in accordance with IRC SP-13 8 cess to private property along Para 3/19/99-DOIT dated 31st Aug, 2000) National Highways ‘Norms complying witit YOST Norms** —_- No. | 1 URBAN: Minimum $00 m (NEL Minimum 1000 m (for NH likely to be made Expressway) RURAL: Minimum 750m (for servive roads) Minitnum 300 m (individual proper clustering of 9 oper we [roe YesNo is present Minimom 9m ‘Maxinaum, 12m Minimum 13 = Ruling 30 m ‘Minimum 1.5 ‘Maximum 3 m YesiNo ‘Minimum 2 per cent | YeoNo Minimum 15 em | YesNo Drawing showing drainage arrangement 28 pet satisfaction of ‘highway authorities to be submitted YesNo 3 | Minimum im dia | YesNo (pipe culvert) ‘Minimum Im spat {lab culvert) + Annexure Ito MOST Circular No. RWINH-33023/19/99-DO. HI dated 318t AU: 2000 = tf Norms are not satisfied, detailed explanation needs 10 vonsidered. In all cases supporting documents 3S bbe summarily rejected sper Anmexure IT have to be subrai tbe given, otherwise the application wil M08 be ted, otherwise, the case will142229 (wonsoup furdoxg so] ayeaudjapno poop | (aygeaydde 4) ssouppe | ageatig Suysea.ou) wwoy | wopsadsuy | yess jo ssuno sou2ay | ssuppe s2e1009 pur | oy ssa20y sprenor) | (wy a woe 9 depunuas yo Buwiis | pue suedao- pusig HN J0 apis] afew) | oy fay yours yo ava | joaea | oq] no so auey Jo aureN, maiz zo yt] woot | as ~ a ‘ON HN v — a - juajeainbs 40 uojsiatcy Chad JO 9uIEN, € oo - - oe ECA ) Kouddy Jo a z ALG (ANd S49A9 ‘OWES PUE HIN, 64949 405 SpayesEdas paul ss920¥/1900 ny Jo spavsoy Buu UIEYY 46) yeu sar 3¢) 02) aieis Jo ouren,42/30 - armevorn | mune suvtudouuey urea 3018 vOe — SAVAMHDIH 'TYNOLLVN ONOTV SNOLLVLS “NIV TAAIAOLOW ANY livertl NIV THA HO. LOW 40 LA 5 5, dansiampy 08 207 (rs eng 29) 8 go1awasWwn9 OKV'T GNV NOLLVOOT ug)14281 (Co) weg 299) wp wa A tuna ng «| 4 dang yng (eg eg 295) Kenaieusesssreou yo auanuas wy pounce 94 EYE SKIP Mh ‘Genoeuuno popuaip 10) wt Zt MUU peos aus 20 om 21249 ym HC (Ge sry 599) W aousie aE (2s emg 395) uw gst unusugy ~ 2old usa sad Z ado} 1 Beer 304 adoqg azenbapy NMOUD MILAO MVEA V AO NOLLVADTS IVNOLLOGS-X TVOIdAL zs PP INO C-66IS LIE COE EHNA “ON AOIMDAID 8, Cusiipy 0} aansoyous) (6 e4eq 298) wo wmasuyy ekene143.216 Ea No. RW/NH-24035/2204-PLVoLV Dated, the 201h June, 200) To The Chief Engineers of the StatesUnion Tercitories (dealing with NHs and other evatrlly spon schemes); Chairman, National Highways Authority of India; Director General Border Roads Subject: Consrueton af Bypass on Naina Highways Please refer to this Ministry's leer of even number dated 26.2.1999 requesting you to identify suitable projects for construction of bypasses on National Highways on BOT basis, It may be appreciated that the purpose of the bypasses is to ensure free and smooth flow of through traffic, avoiding the congested and accident-prone sections through babitations. In the past i¢ has been observed that, once constructed, these bypasses attract growth of the town along their alignment, soon leading fo the ribbon development and obstructions from eross traffic thereby causing deterioration in the desired level-of-service and reduction in safety. In order to mitigate these impediments and to ensure full benefits to the users for the user fee paid in case of BOT projects as well as 10 to such investments, it would be necessary to keep in mind the following measures while planning, designing and constructing the bypasses:~ sure Tong He LLL, Provision of parallel service soads having controlled acess and necessory fencing on either sie of main highs 1.2, Restritng the entry of erogs roads only et selected and pre-determined locations 1, All road intersections and rail erostng are so be provided with grade separator. 14 Wherever the bypasses length is ether mere than 10 km oF i bypasses any important town/city, develop amenities as integral part ofthe bypass project 1.3, force planning measures, such as, “building lines” an “conto ines” igi lane fst to cater for next 10 to 1S yeas aie owe ray be only of tworlane/four-tane fii LS. Acguie adequate land wid to provide for an ultinate si alongwith service roads eventhough the present requirement 2. You are requested to give wide publicity to the above guidelines and issue necessary instructions to the officers concerned with planning and implementation of the highway works,144034 144.16 No, RW/NH-11014/1/96-PL Dated, the 27th October, 1998 To ‘The Secrctaries/Chief Engineers of ali States /UTs (dealing with National Highways & Centrally Sponsored Schemes); Director General Works, Central Public Works Department; Director General Border Roads; Chairman, National Highways Authority of India Subject: Dernreaton of Building Tines and Control lines on the land adjacent ta the National Highways Unregulated use and development of land directly abutting the National Highways is affecting the free flow of traffic and making further development works, like, widening diffiuit, costly and even redundant from operational point of view. A primary reason for this is that the Highway Authorities are unable to demarcate building lines and control lines on the private lands beyond the right-of-way of Nationsl Highways since they do not have necessary powers to enforce the above lines. Further, the local people also are generally not aware about these rol lines beyond whieh they should construct their buildings. Standards for building lines and control lines were circulated to all States vide this Ministry's letter No NH IIVP/72/76 dated 13th January, 1977, wherein it was mentioned that the State Governments should strictly roe the building lines and control lines while approving the scheme of developments and specifying the land use, The State Governments were also requested to enact necessary legislation to enforce this where required, Since. there was no progress in enacting the required legislation and control of the building activities along the National Highways by most of the State Governments. Ministry had vide letter of even number dated 6 February, 1997 Proposed enactment of two legislations, out of which the second legislation regarding control of development activities on the land adjacent to the National Highways out-side the right-of-way was to be enacted by the States since regulation of land outside the National Highways right-of-way vested with the State Governments, Some State Governments, like, Assam and Rajasthan have already enacted the required legislation. Copies of Assam Highways Act 1989 and Rajasthan Highways Act 1995 were circulated to all the State PWDs vide Ministry's letter of even number dated 17° Oct., 1997 for enacting a suitable legislation. The action in this respect needs t6 be expedited by the State Governments, 3. Till the requited legislation as mentioned above is enacted by the State Governments, it is suggested that the State Governments may prepare plans showing building lines and control lines along the National Highways ‘and keep these in the office of the Executive Engineer, National Highways Division for perusal by architects and ‘other persons planning building activities in the area. Necessary publicity to the effect that such plans are available for perusal by public also needs to be given, 1aa7 No. RWINH-1IO1S/196-PL Dated, the 16th August, 2000 To The Chief Scoretaries/Secretares!Chief Engineers of all States (UT (dealing with National Highways & Centrally Sponsored Schemes) Sbjct: Demat of Builing Lines and Cnt! Lines on the land acento he Naina Highways «Enact of Legion nd Enforcement Please refer to this Ministry's letters of even no dated 17% October, 1997, 16% June, 1998 and 27° October, 1998 requesting the State Governments to ensct legislation tor control of development activities on the land adjacent to the Notional Highways outside their right-of-way (since the regulation of land outside the National Highways right-of-way vests with the State Governments) on the following broad framework of the proposed legislation,144/35 (Acquistion of powers by Government to fx building and conto lines udjaent to National Highways, spart from con on constuction and resction of building activites. charges on land slongside the Nacional Highways, if desired ccesibiity tothe people Building Lines end Control Lines along the (i) Powers of Goverment to levy, fx and reover btn to recover cost of providing beer services and improved i) Provision for ereation of an organisation to delineate Highway bounds National Highways with powers to enforce provisions ofthe Acts. x) Powers to prevent obstructions of view of users of National Highways especially at any bend, curve or comer of Nations Highways in order fo remove of ater the height or character of any existing wall, fence, hedge, tre, adversemet banner, ee 2. Copies of Assam Highways Act 1989 and Rajasthan Highway Act 1995 were also enclosed with the above mentioned letter of even No. dated 17% Oct,, 1998 for reference while preparing the draft legislation, 3, Item on “Demarcation and enforcement of Building Lines and Control Lines on the land adjacent to the National Highways” was discussed during the 2° State PWD Ministers’ Conference held on 12% June, 2000 at New Delhi, wherein the States supported it. It was also reported during the conference that some States have already enacted suitable legislation on the above mentioned subject. It is, therefore, requested that the States, who have enacted such a legislation may demarcate and enforce building lines and control lines on the private lands beyond the right-of-way of National Highways after preparing plans showing these lines along the National Highways and send a copy of the act to this Ministry for reference and record. The States who have not yet enacted the suit legislation may take necessary action for enactment of the legislation and intimate this Ministry regarding action taken by them. If any help is required from this Ministry, necessary reference may be made to Ministry without any: hesitation.145/19 15.16 No. RWINH-34066/2/95-S&R Dated, the 25% October, 1999 \eers of all State Govts/UTs (dealing with National Highways); Director General Border Roads; Chairman, National Highways Authority of India je Bridges on Naina! Highways and other Centrally Sponsored Schemes Provision of various types of utlity services on bridges and Design of Footpath sab Your attention is invited to this Ministry's cireular No. RW/NH-11037/1/86-DO.I(i) dated July 28, above subject, wherein it was directed that permission for carrying of water-mains and sewage pipes over the bridges may be allowed only under exceptional circumstances. It was also mentioned that such pipes may curled out only on extended portion of the substructure and should comply with certain conditions maintioned in he above citcular. Fotlowing further guidelines may please be noted in this connection, 1993 on tl — Canying of ewan 5 pipelines on highway bridges stall not be permited as fumesizaics from these pipes can ‘the process of corasion or may enuse explosions, thus, being much more injurious than leakage of vores Caring of water pipelines on bridges shall ls be discouraged. However, ite water supply authorities seem to have able alemative and approzeh the highway authority well in time before the design of the vide I Hnaiced, ermited to cary the pipeline on independent supesicctre, supported on extend potions of ples and sutents in eich « anne that inthe Gal arangement enough free space around the supersttuctare of te Bldgs ‘emains avilable for inspetion and repairs, ete (i) Cost of required extension of the substructure 36 well a5 that of the supporting supers agency-in-harge ofthe ulites, 2 So far it has been the practice to carry lighter utilities, like electric eables, telephone cables and optical Lire cables, ete. below the precast footpath slabs or ducts provided under the footpath in the superstructure. Ministry's standard drawings also made sueh provisions, However, it has been noticed that in many cases, after [vg the services or carrying out repairs to the services, the footpath slabs/manhole covers are not properly placed back in position causing serious hazard to pedestrian safety. In certain cases the pedestrians have even fallen into the ‘iver below through such openings. In view of the above problems, the present practices in this regard have been reviewed and it has been decided to regulate the grant of permission for carrying of services over the National Highway bridges as indicated below ctre shall be bom by the (Footpath siabs shal, henceforth, be cast monolithic with Deck Sie without any provision of ducts lighter services, lke, telephone cables, optical (bre cables, electric cables, ete shouldbe carted over hangers fixed onthe outer side of the naling kero or below the Deck Slb without affecting the esthetics ofthe bridge. Two posible srangemens we stove in the enclosed sketch (era) which may be fllowed for adoption. Cost of providing this anangerent call te bore by concemed agency. (9) On epproactes, the water maelcbles shall be carried slong a linea closet the edge ofthe ighto-way as possible ‘oso a distance of 30 m trom th bridge and mibject to all eter stipulations contained in thi Minsty's gurdelnes issued with leter No NH-INVPIG676 dated 19.11 1976, 3 Ir is requested that contents of the circular may be brought to the notice of all officers in your sicpartment concerned with National Highways and other centrally sponsored schemes,14520 Annexure {Enclosure to Ministry's Cireular No RWINH-34066/2/95/S&R dated 25th Oct, 1999) Lg OF BEARING THK.EXR. GAP, 200! HKLEXR GAP [2 hss = coat = pFIKED END FREE-END. SPAN -A 5 N EQUAL SPACING @ HAND RAIL, 8 | Loose SLEVES WELDED 1 $O° One BPE ELEVATION ope, 20) Fes edhe 20 Ste I as° Fi wt tir | rel sot SEF oie Berens 53 PoE © & 2 woreinoens Q wo} i 8 R sTinRUPS @es 3 om 206 sour soe —— | = 3 s2t 1 _i2 210s. co a SOx FLATS » i woh ER & «nonce =a soxsnancens 9 3 Fooreant == footer an O) T 2TSF T a ! Q : “I tee go RC g nec occ staa | acgoIh Ll ce pee | at fen 5 SI 150 © SPLIT PIPE cm L_ iso ¢ five el SECTION THROUGH POST SECTION THROUGH POST100. LEVY OF FEES AND TOLLS Code No. Gireular No. & Date Brief Subject Page No. lott? NH-24035/23/94-PL-VoLII Toll Structures for 4-lane National Highways and leot dated 22,6.1997 other related issues NH/24035/23/94-PL Revised guidelines for private investment in National Loot dated 21.10.1997 Highway Projects, ww 28 Jo.t9 RW/NH.33044/6/2001/S&R® Erection of Tax Collection Barriers on National Highways 16029 dated 9,2.2001 100.20 NH-11065/27/2001-P&M Arrangements for Toll Collection (Departmentally) in ease 160/30 luted 21.11.2001 where delay is visualized in conducting auction160/11 Cer) No, NH-24035/23/94-PL-Vol IT Dated, the 22nd June, 1997 7 ‘The Secretaries of PWD of all States/Union Territories (dealing with Nations ways), Director General (Works), Central Public Works Department; Director General, Border Roads Organisation Chairman, National Highways Authority of India Subject: Toll ucts for ane National Highays and other elated sues Certain measures pertaining to toll structures for 4-lane National Highways and other related issues have revently been taken to attract more investments in the Highway Sector. These are detailed for your informati in the following paras. 2 oll rates on completed 4-lane National Highways annually indexed to Wholesale Price Index (WPI) “hall be levied on ease-to-case basis which may vary from area-to-area keeping in view the cost of project, financ! viability and acceplabiity eriteria, subject to the upper limit as given in the Table below with effect from 1,7.1997. Upper limit of tll structure for 4-lane National Highways So. Type of Vehicle Toll rate Rupees per km wo Carfjeepivan @ Light commercial vehicle (LCV) 3) Truck and buses 14 4) Heavy construction machinery 3.0 and carthmoving equipment ‘These rates shall be reviewed periodically by Government of India after every 3 years. Ministry of Surface Transport is authorised to levy higher rates of toll on expressways, major bridges, new bypasses, cannes and in some exceptional cases (after obtaining approval of High Powered Committee) where so justified by level of traffic after competitive bidding process. a National Highways Authority of India/Govtof India has been authorised to provide eapital grants for BOT projects on National Highways not exceeding 40 per cent of the total cost of project ‘The final decision regarding the quantum of such grants would be taken by the High Powered Commitee setup by Cabinet comprising representatives of Ministry of Finance, Ministxy of Law, Planning Commission under the Chairmanship of Secretary, Ministry of Surface Transport, Government of India. 4, Further tax concession as detailed below have now been approved (i) The period for availing tnx holidaytex eden for road infastrctre projet is beng increased fom 12 years 0 20 yeas (The profits from Housing and other development activities which are an integrated part of BOT road projects would be treated as income fom inftastuctre projets forthe purposes of tax exempiionsconcessions provides these pris are roughed back othe development of roads (inching repayment of fong tra debt forthe project) on BOT basis within 1 period of 3 year iy Exemptions fom import dy on dette high ali construction plants and equipments sein the bighway poets bas been epproved. ‘The steps for amending the relevant actsinotifications to give effect to the above are being taken separately by Ministry of Finance, Government of India 5 ‘The land required for Housing and other development activites which are an integral part of Highway projects would be considered as land required for Highway development and such acquisition would be teated es fend requized for “Public Purpose”, Steps for amending the National Highways Act to this effect are being taken separately,60/12 160.18 No. NH/24035/23/94-PL Dated, the 21st October, 1997 The SecretariesiChief Engineers of States/Union Tervitories, Public Works Department (dealing wish National Highways and other Centrally Sponsored Schemes); Director General (Works), Ceat Works Department; Director General Border Roads; Chairman, National Highways Authority of India Public Rowse allies for private investment in National Highway Projects f As you are aware, as part of the emphasis placed by the Government on Infrastructure Development, -s have been taken recently for attracting more private investment in development of National ays. In view of this, the guidelines circulated earlier for private investment in National Highway projects have nented. A copy of the revised guidelines as above is enclosed as Appendix J for yout ested that above mentioned guidelines on BOT projects may be circulated to all concerned lup more and more projects depending upon their feasibility and viability Appendix-I Ministry's Circtilar No. NH/24035/23/94-PL dated, the 2Ist October, 1997} (FIRST REVISION, SEPT. 1997) GUIDELINES FOR PRIVATE INVESTMENT IN NATIONAL HIGHWAY PROJECTS BACKGROUND India has a vast network of National Highways (NHs) totalling fo 34,608 km connecting important towns, cities, ports and industrial centres of the country. Industrialisation of the country has induced a taffic growth of 8 to 12 per cent per year on many sections of National Highways and this growth trend is expected to continue. While the traffic on National Highways bas been growing at a rapid pace, it has not been possible for the Government to provide matching funds, Jue to competing demands from other priority sectors. This has led to a large number of deficiencies in the network. Many seotions of the NHS are in need of capacity augmentation by way of widening, grade separation, construction ses, bridges and expressways, ete. Many bridges are in need of replacement. The traffic movement on NHs is also hindered due to a large number of Rail-Road crossings where road traffic has to per force stop due to the frequent gate closures. The overall scenario on the highways has led to economic losses by way of longer tum around time for the vehicle fleet, rising vehicle operating costs and dissipation of human energy in the driving. This calls for urgent remedial measures, of by To motivate the inflow of resources for the development, maintenange and management of NHs and to improve their efficiency, productivity and quality of service and to bring in competitiveness in providing highway sevvices to road users, the Government of India, in consonance with its general policy of liberalisation/globalisation of country's economy, welcomes private investment in National Highways, and hopes that this measure would help in imp: he existing highways and bring in the latest technology and improved management techniques. The users are already accustomed to pay fee for use of bridges on National Highways for the last two decades by of fees on bridges. Other highway projects have also been awarded to private sector recently and the experience gained in 5 has been utilised in framing these guidelines. the procjemoval are as given below, These works ar teai3 DEMAND SCENARIO Existing Network ‘The deficiencies in the existing National Highway network (as on 1.4.1996) and estin sl cost oF their Tequired to be completed within a period of 10 1 15 years SNo. Category of Work LengthiNo. Rupes Estimated cost (1.4.96 prices) w ‘Widening of single-lane to 1wo-lanes, 5200 km. including strengthening of pavement Ql Widening of 2-tane roads to 4-lane or wider 14,000 km oe Widening of pavement (2-lane 15,000 km | 9,000 er equivalent) and construction of paved shoulders 3) Construction of bypasses 40 Nos. 2,000 er ws Construction of bridges 470 Nos. 1,000 er w Miscellaneous and road safety works Ls. 5,000 ex Total 64,200 er, @ Expressways Construction of Expressways on new alignments 2000 kn 16,000 cr. Total (A) +B) 80,200 Cr. Say 000 Cr. AREAS OF PRIVATE INVESTMENT Categories of projects identified for private investment are given in the following Table: SNNo. Category of projects Indicated Quantum Existing Network a Widening from 2-lanes to 4-lanes 4000 km @ Major bridges 50 Nos. 8) Railway over bridges 50 Nos. ay Blevate sections through urban areas To be identified o Interchanges To be identified © Bypasses 30 Nos. New Network, a Expressways 1000 km |4 LEGAL FRAMEWORK 4.1 The funetions relating to development, maintenance and management of National Highways are carried Government under the Provision of National Highways Act, 1956. The Act has tren amended in private sector participation, relevant extracts which are reproduced below: ‘unything contained in the Act, the Central Government may enter into an agreement ‘on to the development and maintenance of the whole or any part of National Highway anything contained in the Section 7, the person referred to in sub-section (1) is ie Fees at such rates, for services or benefits rendered by him as the Central ‘on in the Official Gazette, specify having regarding to the expenditure involved in intenance, management and operation of the whole or part of such National Highway, interest on the condhle returns, the volume of traffic and the period of such agreement. 2) Notwithstan fo collect and retain may, by notifie a A psisui referred to in sub-section(1) shall have powers 10 regulate and control the traffic in ‘ordanee with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 on the National Hi fouming subject matter of such agreement, for proper management thereof. ) Whoev2r 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) of Section 8A impassable or less safe for travelling of eying property shall be punished with imprisonment of either description for a term which may extend to five Ira fine or with both Roles have been framed under the amended NH Act laying down the procedure for collection of fee by “on oF Government on seetions of NHs inchiding permanent bridges developed by the entrepreneur or the ut respectively. The copies of these Rules are appended at Annexure-T and Annexure-tI. The enterprise ‘would be allowed to collect the fees as per the agreement in accordance with these Rules. 5 POLICY MAKING BODY All policy matters relating to National Highways are decided by the Ministry of Surface Transport, reference to Govemment in these guidelines shall generally mean the Central Government in the Ministry of Surface Transport (MOST) 6 IMPLEMENTING AGENC’ The Central Government has decided that the policy of privatisation of the National Highways will be ‘implemented by the National Highways. Authority of India (NHAD). In exceptional eases, the Central Government may also assign the functions of Implementing Agency (IA) to the States. Therefore, reference to IA in these guidelines will generally mean NHAL, and the State Public Works Department, in exceptional cases. 2 ENTERPRISE ‘A reference to Entesprise in these guidelines will mean the successful bidder with whom the Government and the Implementing Agency have entered into an agreement for developing, maintaining and operating any NH project IDENTIFICATION OF PROJECTS FOR PRIVATE INVESTMENT The following principles will generally be observed in identification of NH projects for private (1) Project is one ofthe approved projects of MOST (2) Pessst is copabe of yielding adequate Eeonomic intemal Rate of Retuna (EIR) and Financial ftemal Rate of Retr (FIRR). The Goverment Invesmenton the items mentioned in Guideline 9 will be teated as 2eo co investient the calelutions for FIRR,Be tenis 8 GOVERNMENT SUPPORT ou ‘The Government will carry out all preparatory works as detailed below for the projects identified for private investment and meet the cast of following items: 1) Deviled Feaiiy Study 2) Land for Right ® a sy and enroute faites nce of the Rightof Way ld: Relesaton of the x etablishnets, removal fall enroazhone ty servis, elting of tees, resetement and eebiltsion (4) Envitonnicmat Clearances (5) Incase of ROB's clearance fom Railways to allow fixing of GAD and characs payable to Railways ate enterprise to Bld the ROB under Rasbuay supevision an lo) Whore design is otto the enterprise, giving details of standards and borehole logs at bridge sites. ee Depending upor the financial viability of a project, the Government may recoup its investinent on the from the project. 0 OTHER FACILITATING MEASURES 1) Import of Bitumen is ow permed under Open General Lizense (OGL) 18) Import duty as hoe exempted on denied high quality construction plants and equipment {) these of projects which are om the verge of financial sini, uae tafe sippor/guarantes eal be conser ow saseto-cae bai un VAN/FISCAL CONCESSIONS/OTHER CONCESSIONS nd Concession Available for Enterprise Undertaking any Project In the case of an enterprise (the enterprise is owned by a company rey consortium of such companies) camying on the business of developing, maintaining and operating any infrastructure facility, hundered per cent of the profits and gains derived from such business for the intial 5 assessment years and thereafter, thirty per cent of such profits and gains are exempted from Corpotate Tax. This tax concession may be availed of by the enterprise in any ten consecutive assessment years falling within a period of twenty assessment years beginning with the assessment year in which the enterprise begins operating and maintaining infrastructure facility. The meaning of infrastructure is given in Section 80-IA (12) (ca) of the Income Tax Act, 1961 and includes road, highway and bridge. ered in India ot by na Concessions Available for Lenders/Investors (1) Asan incentive to financial institutions to provide finance forthe itiasretee projects, deduction upto 40 per cnt of thei income derived from financing of dese investments i available provided the amounts kept in a specal reserve. (2) Exemption for Infasructure Funds from Income Tax on the incomes from dividends, interest on Lng tem capital sans of such funds or comparies from investments inthe form of shares or long term finance im any enterprise set-ey develop, mainain and operate an infrastructure facility: (3) Subscription to equity shares or debentures issued by 2 poblic company formed und registered in India and the ise is ‘wholly and excesvely forthe purpose of developing, maining and operating an infasiracure faci, wil be eligible For deductions under Section 68 ofthe Income Tax Act, I96L, which pemnits dedoetion equal 1020 per cent of the amount subssribed, fom the aniount of tax payable by the subscriber. In ease of sush investment, the init of ‘Rs6.000 per year under Section 88 has bean raised 9 RS.70,000, 13. Other Concessions 113.1. Housing and other developmental activities can be made integral part of BOT highway projects ‘© enhance the viability of projects on case-to-case basis. Profits from such activities made integral part of BOT. highway projects, would be treated as income from infrastructure projects, for the purpose of tax exemption’ concession provided these are ploughed back to the development of Roads on BOT basis (including repayment of long term debt from the projects) within a petiod of three years16016 11.3.2. Real estate development would constitute an important source of revenue for the Enterprise and would, thorefore, be an important input in price determination, As such, it would be firmed up and included as a part of Bid Documents in case such development is envisaged for a particular BOT project of such development shall be finalised by the enterprise with the approval of the 1A. in documents, The enterprise may be required to obtain necessary ltermined criteria, with the parametres stated in the biddlin fro nplementing Agency may opt to undertake such real estate development as a part of he bidding documents would exclude real estate development and leave it to the In appropriate case, Implementing Agency may project accrual of income fram such teal toll charges that may otherwise seem unsustainable. Altematively, iste development to a third agency on the basis of competitive bidding citeumstanices of each ease, detailed bid conditions would be evolved in consultation with the wonvemed Ministries and agencies and the same would be included in the bid documents. the project. tn such Implement fevelopment and use it for subsidi pon the NHATGovt, of tndia ean provide Capital grants upto 40 per cent of peoject cost to enhance vaibility of jects on ease to-case basis M6 NH ean py ipate in equity upto 30 per cent Government has decided to permit automatically Foreign Direct Investments uplo 74 per ce cuuity for road and bridge construction as part of infrastructure. Foreign Direct Investment (FDI) proposals ‘hat would be considered by the Foreign Investment Promotion Board, on case-to-case basis ION PERIOD. ‘The concession period comprises (i) the construction period which will be project specific and (ii) the period during which the enterprise is permitted to levy fee and is liable for maintaining the facility which will be Setermined on competitive bidding basis and may be upto # maximum of 30 years. The concession period may be extended suitably, to cover any Force Majeure Conditions. In the event the enterprise completes construction of Project before expiry of the petiod specified in (i) it will be entitled to collect user fee from traffic during the balance period available from construction period, at the rates applicable for the year of opening the facility for traffic, In case the enterprise delays completion of the project beyond the period specified for construction, its fee collection period will wet reduced correspondingly. 14, FEE 144 The maximum fee rates leviable on completed 4-lane sections and approved by the Cabinet have already been circulated (copy enclosed at Annexure-Ii). However, different fee rates for ether projets, like, bypasses, bridges, ROBs, et., ean be levied depending upon the project cost and the traffic levels 14. ‘The revision of the fee may be allowed every year following commissioning of the facility linked 10 the Wholesale Price Index (WPI) 18. PROJECT CONSTRUCTION ‘The enterprise is to complete the project within the period specified for construction, conforming to the standards and specifications prescribed in the agreement and to the satisfaction of Implementing Agency. Any delay in completion of the project will be to the account of the enterprise unless such delay can be directly attributed to Government and/or Implementing Agency. Delays occurring on account of Govemnment/Implementing Agency ‘would entitle the Enterprise to an appropriate extension in the consiruetion period and/or to such other compensation ¢s the Bidding conditions may specify. Time and Cost overruns are the responsibility of the enterprise and no price escalation shall be allowed on this account.L607 16 HANDING OVER LAND TO ENTERPRISE ‘The land meant for highway construction and enroute highway related facilities woutd be given to the centexprise on a lease or other suitable form for the concession period. However, mortgaging or subleasit ceortisation of this land for raising finances would not be allowed. The enterprise is free to licence the enroute highway related facil y one for the porlod(s) limited to the concession period. Any expenditure on stamp duty documentation, etc. for this purpose shall be borne by the enterprise. The ownership of the land continues to be vested in the Government, It is, however, preferable 10 offer the land to the enterprise on appropriate licence on suitable terms to meet the above requirements, 1", bi SECURITY Bids for the project will be accompanied by a bid security bond which will be of an amount equal to 1 per cent of the project eos. 18, PERFORMANCE SECURITY 181 The suvcessfi entexprise will be required to furnish a performance security bond of an amount equcl to 3 per cent of the cast of project, Such bond would be discharged after 25 per cent of the works have been completed 182 The enterprise would have 8 project cost within one month of epenio, furnish @ maintenance performance bond amounting to | per cent of the of the facility. The maintenance bond shall be made valid till two years after the end of the concession period. 33. The enterprise have to deposit the supervision charges @ 4 per cent of project cost to the implementing agency. Further, in case of works to .be implemented under the control of other departments, like, Railways, p agreed departmental/supervision charges will have to be paid by the enterprise to the concemed Department. 19. TERMINATION OF CONCESSION 19.1 In the event of termination of a Concession Agreement for any reason attributable to the Government/ Implementing Agency, the enterprise will be compensated for all the costs incurred by it on the project plus interest thereon at the rates indicated in the bidding documents. In addition, the bidding conditions may also include payment of suitable liquidated damages to be calculated on the basis of predetermined principles. The objective of such damages would be 0 provide comfort and assurance to the Enterprise that the Concession Agreement Would not be terminated in an arbitrary manner, 192. If the Concession agreement has to be terminated due fo inability of the enterprise t0 fulfill its obligations, the Government's lability towards the enterprise will be restricted to an amount-not greater than 95 per cent of the debe secured to project assets that would stand transferred to the Government/Implementing Agency upon such termination, Where necessary, the bidding conditions may stipulate other forms of termination payment as may be required in accordance with international norms aid practices. 20, PROJECT COMPONENTS wo Highway construction, as per the scope which may be finalised by the Implementing Agency based on a detailed feasibility study @ Highway related fectities, enroute, as may be identified by Implementing Agency in the bidding documents: Restaurants Moves = ResvParking Areas = Loan = Warehousesodouns Vehicle repair fis = Shope for vehicle components unloading terminals for cargo.160/18 Resaurants Hotels Motels Frsorance and mea! fs ‘Commer a eesdental oop lees For the above fuilities will normally be acquired by the Implementing Agency, The enterprise will be fiee to license out sueh establishments 1 any one for the period(s) limited to the concession period, and enjoy 1g the concession period a The enterprise would be permitted 10 allow disploying of advertisementshoardings within the right-of way and aatside, in accordance with the extent policy of the Government on the subject matter, and enjoy revenue from such activities during the eoncession period. The bid conditions would specify the details of permissible sivertisementhoardings so as co enable the bidders to quantify the likely revenue steam, 2 IMPLEMENTATION STEPS 1 Broad Stages stun ofthe prepatory works se outline ingusine 9.1 forthe Mente posts 2) Finahisation of Bidding Documents G8) nstation of Bids Drebid Conference 3} Eoahution of Bids | Assad oF Concession Stain AS far as possible the bidding documents shoul litle For negotiations before signing of agrecment fe the cone jon agreement format and leave very ency shall preliminarily identify the projects to be considered for taking-up under BOT schome mainly based on traffic levels, After obtaining approval in principle for taking-up the project under BOT Scheme, a detailed feasibility study shall be conducted by the Implementing Agency which shall encompass different aspects, like, financial viability of the project, firming up of detailed scope, integrating commercial evelopment activities with the project depending upon the need. In case of smaller projects (costing upto Rs. 100 crore) in ease the Implementing Agency considers that separate feasibility study’ is not required, detailed seope of the project shall be got approved ftom the Government. Thereafter, steps 2 to 7 of para 21.1 shall be followed taking approval of the Government at various stages. 2 FEASIBILITY STUDIES ‘The Implementing Agency, in the first instance will have a feasibility study carried out for the project identified for private investment. The feasibility study will establish the scope of the project, lay down standards and specification for its construction, finalise alignment and determine requirement of land, prepare plan for the re- location/shifting of utility services, cutting of trees, prepare social assessment of the project, identify Rehabilitation and Resettlement issues, Carryout waffie forceast, identify the requirement of highway-related facilities including their locations, Cerryout economic and financial viability of the project after assessing the benefits to the users and determining the user fee structures, for different funding options, and various related aspects. The feasibility study will also address the risks of profect appropriately. The study may indicate the possibilities/opportunities of real estaic development, The Implementing Agency will make available the feasibility study to any interested bidder and ‘may chatge appropriate fee for the same. 2 BIDDING DOCUMENTS The bidding documents will, interalia include the terms and conditions of the agreement, rights and responsibilities oF the parties, remedies, scope of project and its description, standards and. specifications, implementation schedule, operation and maintenance standards, during or the end of the coneession period, as the case may be. Consequences of closure of the project by the enterprise and termination of the agreement by Government, The preparation of bidding documents shall address various risks of the project appropriately, by properly allocating them between the parties. The documents shal be got prepared by the Implementing Agency and6oi9 Biven to the interested bidders alteast one month before the closing date for submission of the bids, after due approval of the documents by the Government. 24, INVITATION OF BIDS The projects will he classified into the following categories: Category-I: Railway Ov fof equal to Rs, 100 Brides, Bypasses, Bridges and Interchanges, eaich project costing tess than rores as per the feasibility study Category-II: All projects selating to 4-luning and Expressways and the projects relat and Bridges each, costing more than Rs, 100 crores to Byp: 242. For the Category-1, projects costing upto Rs.100 erores, bids will be received in two covers one cover containing the ‘technical bid’ and the other containing the “financial bid'. The financial bid of only those biclers which meet the minimum technical standards (10 be made known in advance) will be considered for furl evaluation. The evaluation criteria will be stated clesrly in the Bid documents sas well as Cat 243. For the Category-ll, projes gory-I projects costing above Rs.100 crore, two stage bidding process will be followed, In the proposals will be invited from bidders for short listing. Financial Bids jn the second stage, will be invited only trom the short-listed bidders, While inviting proposals for shottlisting OF the bilder, the criteria for shor-ising woud be made known and the bidding documents would elealy stputate the criteria for evaluation of the financial bi 4 The technical bids for Category-1 projects, or the proposals for short-listing of the bidders for Category-II projects will be evaluated keeping in view itera (2) Experience of the enterprise (©) Experience ofthe eomastaronsofianss (©) Capacity oF he enterprise to raise furs fom the market (© Financiatseength ofthe ene (©) Quality and adequacy ofthe organisational and institutional arrangements proposed for implementation 24.5; The technical bid in respect of Category-1 projects and the proposal for shortlisting of the bidders for the Category-II projects will be evalusted and finalised by the Committee by the Implementing Agency. Such evaluations will be based on the criteria indicated to the bidders while inviting their offers “The period of validity of the bid will be as laid down in the bidding documents for specific project die Advertisement for inviting the bids for the Categary-1 projects will be issued in atleast two national English daily newspapers, two national Hindi newspapers, and at least one paper in regional language. For Categoty-It Projects, the advertisement will be issued in the newspapers applicable for category-1 projects. In addition, the ‘advertisement will also be issued in India/Abroad, The bids will be invited from domestic as well as international bidders, 25, EVALUATION OF FINANCIAL BIDS Evaluation of financial bids will be caried out on the principle of least cost to the user. 26, AWARD OF THE CONCESSION After evaluation of the bids and approval of the award by the Government, a letter of acceptance of the bid will be issued by the Implementing Agency in favour of the successful bidder. The letter of acceptance will, inter-slia, specify the formalities to be completed by the successful bidder for signing of the agreement. If the Successful bidder is required to fumish performance security, or any other guarantee, ete. prior to the signing of the concession agreement, it shall be so stated in the letter of acceptance, 2 BANKABILITY OF THE AGREEMENT. 2A. In case the bidder floats a separate company to implement the project, after the same has been awarded to the bidder, the bidder has to undertake full responsibility for all the Acts, commissions and omissions of ther6n'20 company so floated as the entrepreneur. In such cases the agreement has to be signed both by the bidder as well as the enterprise. wake the agreement bankable. In this connection, it needs to be specified reement due to force majeur or otherwise, the payments duc and payable to the Fencur would! be paid by the Goverament in the first instance directly to the lenders to the entrepreneur. The lenders would also have the option of taking over the rights and responsibilities of the entrepreneur on terms ‘mutually agreed with the Government. Further, it shall be specified that the enterprise authorises the Govemment Irevocably to make the payment directly to the lenders which would be deemed to be the payments made ta the enterprise. that in ease of termination of th centr 3 1 shall be specified that the entemprise shall open an escrow account and credit all the revenues from the project and the funds raised for the project to the same before drawing funds from it. This account would be ‘oper ta inspection 10 the fenders as well as Government so as to be tranparent and lend comfort to the lenders 28, SIGNING OF AGREEMENT The dra which shall, interatia te concession agreement would have been provided to the bidders prior to the bidding, re the form of agreement. The concession agreement shall be signed by the successful bidder and the Implementing Agency and the Centeal Government EXCEPTIONAL CIRCUMSTANCES AND FORCE MAJEURE 29.1 The circumstance acts of terrorism, sabo such wars, invasion, armed conflict, or act of « foreign enemy, riot, insurrections, criminal, damage or threat of such act, nuclear explosion, radioactive or chemical Contamination, any effect of the natural elements, including geological conditions which it was not possible to foresee and to resist, stike of exceptional importance, etc. are beyond the contral of either party to the agreement and may cause genuine failure oF delay in complying with any obligations under the agreement between the partis. In such events, the Government may suitably extend the concession period sufficiently to compensate the enterprise 10 offset its losses eaused due to any exceptional circumstances. The Enterprise may be required to take out an insurance covering its assets against the risks of damage and providing protection against loss of revenue as a result of occurrence of any exceptional circumstances. 29.2. In ease of BOT projects, the financial liability of the Government would be-limited, except in cases where the continued collection of tolls by the developer is frustrated by a change in poliey of the Govt or force Insjeure, such as, @ law and order situation. In such cases, the concession agreement, which is tripartite agreement between, the developer. the implementing agency aid the Central Goverment woul have to provide for a suitable Compensation consistent with international norms and practices. As the developer cannot sell the Nationdl Highway and recover his assets in the event tolling is suspended, there cannot be any private investment in the road sector unless such compensation is agreed to. Details of the force majeure clauses, that would be incorporated in the concession agreement would be in due course finalised and standardised in consultation with Ministry of Finance, and withthe help of experts/consultants, In principe, such clauses would be based on a few and balanced allocation of risks'among the participants, reflecting the proposition that risks would be allocated to the entities that are best Placed to manage them. Tt would also be necessary to strike a balance between the need to minimise Government's contingent liability on the one hand and providing acceptable levels of security and comfort to investors and tenders oon the other hand, 30, MANAGMENT OF THE HIGHWAY STRETCH FoF the purpose of proper management of the highway stretch built through private investment, the Srrerise il have powers to regulate and control the trafic of the highway stretch forming part of the agreement160721 3 REGULATORY FRAMEWORK MA ‘The Implementation Agene fe fe te ini fior the subsequent years and will camry out the Regulatory functions, the upper limit of the user fee ‘ed in the agreement, together with the fee revision formula applicable te upper limit of fees shall ke notified by the Government from nie. The enterprise Will be free to less than such not facility is available to ait the users on equal te ced in any manner or subject to any u the highway stretch is maintained to th: jodie checks, and for imposed by the lmplementin, is to be met by the entrepr opr ed fee. The Implmenting Ayeney will ensure that the ‘nis and no user is charged more than the notified fee, oF ‘ait or restrictive practices. The implementing agency will also ensure Proper standards, The Implemeriting Ageney may eany out surprise jefauls of the enterprise, suitable penalties on the defaulting enterprise may be Agency in accordance with the concession agreement. Cost of testing, quality Reur and ssitable programme for the same shall be made in this regard 3 The enterprise will be oblig necessaty and required. They will abide y. ele., and also abide by 1 octime, in accordance with 1 sd 10 the national interests, like, national security whenever by various statutory requizements relating © protection of environment, ectives issued by the Government/Iimplementing Agency in this regard from 8 of the Concession Agreement ot the Laws in force. TRAN FER OF THI PROJECT TO THE GOVERNMENT For the purpose nter-section areas (guid cession aprey of tan project will consist of the assets built within the right-of-way and the 20(11) and the enroute highway celated facilities (guideline 20(2}, At the end ‘eject in sound condition shall be transferred by the enterprise to the Government. ‘is to which the projeet will contiem to at the time of its transfer to the Government will ficr the wansfer of the project to'the Government, the Impl Agency will continue to exercise control on the highway related developments at the entry/exit points 20(3) and the advertisements junction five of any cost. The sta be laid down in the cor 3. DISPUTE RESOLUTION Day-to-day decision on the implementation of the agreements will be made by the Steering group, Any dispute between the Implementing Agency, the Government and the enterprise will be settled under the provisions of Indian Arbitration and Coneilation Act, 1996, Annexure-d MINISTRY OF SURFACE TRANSPORT (Roads Wing) NOTIFICATION New Delhi, the 6th February, 1997 In exercise of the powers conferred by section 9 read with section 8A of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following rules for collection of fees by any person for the use of section, of any National Highway/permanent bridges/temporary bridges on National Highways, namelys— !. Short ttle—{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, (8) They shall come into force on the dete of their publication in the Official Gazette 2. Definition: In these niles, unless the context otherwise require— (@)_‘mechanial vehicle" means any laden or unladen vehicle designed to be driven under is own power, including @ motor ‘shies, a8 defined in clause (28) of section 2 ofthe Motor Vehicles Act of LEB (59 of 1988).16022 ) ‘section of National Highway/pesmancrsbridglemporary bridge” means that length of National Highway/permanene bridge temporary bndge on National Highway noied by the Cental Government in Official Gaete forthe devetopnent rainicnanee of which an agreement has been entered into between the Cental Government anal any person 4. Agreement and rate of fee:——(1) The Central Govemment may enter into an agreement with any son in relation to the des bf the whole or any part of a National Highway/permanent brid y whereby the person may be permitted to invest his own finds for the developmentimsintenanee of a section of National Highway/permanent bridgetemporary bridge 4 ed rates from different categories of mechanical vehicles for an agreed period for the use of the facilities thus created, subject 10 the terms and conditions of the agreement and these Rulles (2) The rates of fees and the period of cottection shall be decided and shall be specified by notification 1 Official Gazette by the Cont gard to the expenditure involved in building, maintenance, of the whole or part of such section, interest om the capital invested, reasonable return c and the period of such agr i Government having management and of (G) On conipletion of the period of collection of fees by the person, as per the agreement, all rights Pertaining 0 the section/permanent bridge/tempor on National Highway shall be deemed to have been taken over by the Central Govemment and that Government shall continue with the collection of fees as notified from time-to-time be 4 Modalities of fee collection. — (1) The mode of fee collection shall be decided by the person roferted to in suberule (1) of rule (2) A Table of fees authorised co be collected on any section of National Highway/permanent bridget on National Highway shat! put up by such person in conspicuous place ned a fee collection ‘ten or printed in English, Hindi and the regional language of the area in which the National ated. &. Incharge of fee colfection:—(1) The person authorised to collect and retain the fee under these rules shall nominate an official as incharge of fee collection who shall be responsible to ensure that fees are collected at ‘ot more than the agreed rates, and the fee collection is smooth without causing undue hardship to the road users jiod all other matters connected with the fee collection on section of National Highway/permanent bridgeltemporary bridge. (@) The name, address and telephone number, if any, of the incharge of fee collection shall be displayed at suitable and conspicuous locations. 6. Verification of fee collection:—{1) It shalt be the responsibility of the person referred to in sub-rule {{1 of rule 3 to scietly ensure that al fees levisble are \evied, 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 ‘he notification fer fee collection under sub-rule (2) of rule 3, The auditor shall be appointed by the Govemment {2) Central Government shall have the right to check the fee collection at any or all times through theit designated officers. 7, Person to have rights to regulate traflic:—The person referred to in sub-rule (1) of rule 3 shall have powers 10 regulate and control the tafe, on such section of Netional 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 VIM of the Motor Vehicles Act, 1988 for proper management thereof [E.No. RW/NH-11012/1/9S-D0-1) A.D. NARAIN, Director General (Road Development) & Addl. Secy.160/23 Annexure-I Government of India Min try of Surface Transport (Reads Wing) New Delhi, the 27th August, 1997 GS.R(E)- In exercise of the powers conferred by section 9 of the National Highways Act, 1956 (48 of 1956) and in supersession of the National Highways (fees for use of permanent bridges) Rules, 1992 except as respects things done or omitted fo be done before such super ssion, the Central Goverument hereby makes the following rules to levy the fees for the use of sections of any National Highway or Bridges or both 3 Short title extent and co (These rtes may be ealled the National Highways (Fes forthe ure of National Highway Section and pesmanent Bdge Publis Funded Projects) Rules. 1997 8) They aha Def “ir publication inthe Omi Gazens ition In these rules, unless the context otherwise requires- (4) “Act means the Nationa) Highways Ast 1986 (28 of 1956) ting agency” mea, ()tnshe ease of those Navonal Highways suiminstatively placed under the sharge of Bonder Roads Oxgasisation the Border Reads Developanent Board (herinalerreferes to ag "BRDB'; (ii) tn the case of those National Highvav# of part thereof entrusted to National Highways Authoriyy of Inds (hereinater efewed 1938 NAD, the National Highways Authority of India: (iy In other cases the State Governments of Union Terry, the Administration to which such fanctions ate delegated under seston § of the Act (©) "Mechanical Vehicle” means any aden or unladen vehicle designed to be driven under its own power including 8 motor vehicle as defined in clause (28) of Seaion 2 of Motor Vehicles Act, ISS (59 of 1988); (© “Franchisee” means a tin or a company or a person to whom the franchise to callect atid retain the (Ge bas been awarded through action, (©) “Fee inspector” means x person authorised by the executing agency concemed to collect fee in respect of any rschavicl vehicle crossing a permanent bridge of using the National Highway Section and includes every Governtical employee Posted on such bridge or National Highway Section in eanaetion wih the collection of fees ("Fon °A" means Form ‘A’ appended te thes rules (@) "From °BY means Form “B? sppended to these ves (8) “Form °C* means Form *C* appended to these rues; (i) "Pay and Accounts Officer” means Pay and Accounts Officer (National Highway), Ministry of Surfice Transpost. New eth © “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 eos of tll Booths which is more than Re. 25 Tal snd upto Re. 100 Iakh foreach, completed and opened to trafic on or ar frst day of April, 1976 bat before the fist day ‘of Moy, 1952 and thereafter ll the bridges costing more than Rs.100 lakhs om National Highway, which shall be noted separately for levy of fe ealletin, nd ("National Highway Seaton” means continous length of any National Highway or Bypass wish shal be noted for separately levy of fe ealletion, (“Section Otticer"Junior Engineer" means the officer of the State Public Works Department, (Roads and Bulking) oF sy other department dealing with National Highway having tht designation or equivalent and being incharge of pctiular road or permanent bridge located on a National Highway. 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 ot both at the rates notified by the Central Government, in Official Gazette in respect of such National Highway Section or permanent bridge or both. {160724 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 @ conspicuous place near the fee collection booths legibly writen or printed, in English, Hindi, and the regional language of the area in which National Highway Section or permanent bridge or both are situated. 5 Procedure for collection - All fees levied unde rules shalt be collected by the executing agency concetned department ov through private contractors on the basis of campetitive bidding on behalf of the Centat 6 Collection of fees departmentally - (1) The executing ageney concerned shall make necessary mngement for putting up adequate number of collection booths, operated manually or by automatic arrangement or by combination of both as may be considered suitable by the executing agenc: (2) There shall be posted a Fee Inspector, with necessary potice guard to assist at either end of the National Highway section for permanent bridge who shall, be authorised to catiect fee in respect of any mechanical, vehicle using dke National Highway Section or permanent bridge ot both, at the rates notified by the Central Government separately (3) There shal! be provided at either end of the National Highway Se together, a cross bar for securing the stoppage of mechanical vehicles ‘on of permanent bridge or both (4) The Pee ta unless the fee levi tor shall ensure at the eross bar that passage is not allowed to mechanical vehicles in respect thereof has been paid 7 Mode of collection of fee in case of departmental fee collection (1) Every driver owner er person incharge of « mechanical vehicle shall, bole crossing the National Highway Section o¢ ‘eamanent bridge or having eosed it stop his vehicle ache exo bar and pay the fee levine n eespect ofthe vehiles at the Fee collection booths, Th Fee Inspector shal inrenumy, prepare receipt in duplicate in Form °a° and hand orer Ie copy of the receipt tothe diver or ewer ee perian incharge ofthe mechanisal vehicle, (2) Toll collecon shall be dane only at ane pice within a distance of 80 ke fom a point atthe begining of fist National Highway Secion or approach of entry of the ist permanent bridge fo be erossed und the jaisiction of the ome exscuting agency, regardless of numberof projects (lling within the length in order to fila fee and unhindered ovement of tai, Where ite not feasible to do so, the numer of collection points shall be kept minimum and sll be decided wit the approval of Central Government The fe may be ellste orn the driver, owner a person incheege ‘fa vehicle onthe frst National Highway Section or permanent rige whic is intended to he erosted by such vehi, ‘The Ghives, owner or personincharge of the vehicle holding the receipt of such payment sall be allowed to pass through other Sections and bridges of such Highway unkindered ser showing the reeit to the Fee Iepasor powedon ater sections or bridges, Details of such Sections ard beidges shall be displayed ata conspicuous place nee the fee tollection booths ofthe Sections or bridges covered under this subulelepbly tenor printed ia English, Hip and the regional language of the area in which such Sections or bridges are situated. ©) The Fee inspestor shal on receipe ofthe fe notified by the Central Goveenment fil up a and deliver ne eopy thereat tothe driver, owner or the person been paid and return the second copy for record ep in duplicate in Form “A” charge ofthe Vehile im respest of which the fee has (©) When the same vehicle has to cross the National Highway Section ar bridge more than once in a day, the use hal have the option t pay one anda hal imes of rate noiied by the Government while erossing such seetions or bie inthe fit ip faa ori the vehicle has to use the section or bridge fequenly the vshile owner ean have 4 monly pass on the payment of charges equal to 30 single cates, 8 Remittance of foe collection in ease of departmental fee collection (1) The Fee Inspector on duty shall be responsible forthe collection and safe custody ofthe amounts collected during his ‘ly period. The ee Inspector shall no: leave the eoletion both tl his rkeve kes over fom him (2) The ee Inspector shall maintain x eash ester as presribed in For °B" and keep it pasted up-to-date ©) The Fee Inspector shall atthe end ofthe peiod of his duty hand over the amount collected by him to his reliever after obtaining the signature ofthe later inthe relevant colin ofthe cash tesisto. (4) Every day between 16.00 hours and 17.00 hours the Fee Inspector on duty shall hand over th entice amount ofthe fee solleted during the preceding 24 hours, tothe Sectional OffcerSunior Engineerin-Charge of Navona Highway Secon oF pestnanent bridge aftr oblaining his signaure inthe relevant colun of the cash regio, (5) The Sectional OfeSunio Engineer ia-Charge shal keep the amounts of eoletoneecived from the Fe inspector in the chest proved forthe purpose at his office.160/25 (6) The Sectional Ofiserunior Engin shal oe ‘working da, remit the arsount received ny hi in ep Pay and Ascounte Officer The Pay and cu headin his books Saturday or 3 i happens to Be a holiday. on the next ‘of the weck preceding the Saturday by a demand drat to the ior shall acount the amounts so recived nthe The Sectional Offices nsinain a register ae presetibed in Form °C* showing the 1 the Pay and Accounts an shall Sep pasted: upstndae (8) The Sectional ce luton Eaginesri sill exercise supervision and contol over the staf posted at the atonal Highway Sesion er per # connection with the eollection of the (ees and mainttin the prose “accounts and rzo4ds (9) The SubsDivisional OMiccr,iecharee af the National Highway Seston or the permanent bidge shall pay suapis visits ai leat rice a eon athe Ofies ofthe Foe tos the collection and rmitance of fees by sountersigs the cash register andthe ether revo" wal In three months sill also be taade by the Fecut Building) oF) the aia of equivalent raps i ay ral OficerJunir Engineern-Chrge to check tht n accordance withthe provisions ofthese rules He shal iby the stafTin token of such Vise Such vst, aleast ones ule Works Department (Roads apd Fee collection through franchisee (2) tn case the fee collection isto he dive thea the auctioned under the instructions for spo collected by the executing agency or his 3 fxecuted for such panos, on of fee and reining suck fee shall be rrnment may issue and the money shall b renreseatve as per the terms and conditions of the ngreeme 2) The maul of foe colleston shal be d Goverment ‘efered to in sub-rle) with the approval ofthe Centra (8) Able of fees authorised t be ealected on franchisee in a conpicuous plate near 2 i Regiona-hnguge of se area in which manent bridge shal be put up by sich ogc booths legibly witen or painted in English, Hind and the (8) The fanchsce authorised ta colect snd these « collestion whe shall be responsible toe are col eollgetion i saath without causing Hardship 0 the rood users on National Highway Section of permancet hil soll nominate an oficial as in charge of fee sted al not more than the noid rates and the fee ‘or all cher matters conaected with the fee colletion (8) Tre mame, address and telephone numer, if ny, of wh alicia incharge of fe collection shall 1 displayed at suitable and conspicuous locations, (6) The executing agency shall remit the auction rion’ sa collected fost the fanchisee by a demand drat tothe Pay ané Assounts Officer (National Highway), Ministry oF Surface Transport, New Delhi. The Pay and Accounts Offer shall e

You might also like

• Model EPC Agreement

  

  Document232 pages

  Model EPC Agreement

  PWD NHD-II

  100% (1)
• Jan 1993 1994 P 2

  

  Document94 pages

  Jan 1993 1994 P 2

  PWD NHD-II

  No ratings yet
• Jan 1998 2001 P 4

  

  Document62 pages

  Jan 1998 2001 P 4

  PWD NHD-II

  No ratings yet
• • Magazines
  • Podcasts
  • Sheet music
• Jan 1988 2001 P 3

  

  Document60 pages

  Jan 1988 2001 P 3

  PWD NHD-II

  No ratings yet
• List of IRC Codes

  

  Document5 pages

  List of IRC Codes

  PWD NHD-II

  No ratings yet
• Irc 108

  

  Document9 pages

  Irc 108

  PWD NHD-II

  No ratings yet
• Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future

  

  From Everand

  Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future

  Ashlee Vance

  Rating: 4.5 out of 5 stars

  4.5/5 (474)
• The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life

  

  From Everand

  The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life

  Mark Manson

  Rating: 4 out of 5 stars

  4/5 (5810)
• Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race

  

  From Everand

  Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race

  Margot Lee Shetterly

  Rating: 4 out of 5 stars

  4/5 (897)
• The Yellow House: A Memoir (2019 National Book Award Winner)

  

  From Everand

  The Yellow House: A Memoir (2019 National Book Award Winner)

  Sarah M. Broom

  Rating: 4 out of 5 stars

  4/5 (98)
• Shoe Dog: A Memoir by the Creator of Nike

  

  From Everand

  Shoe Dog: A Memoir by the Creator of Nike

  Phil Knight

  Rating: 4.5 out of 5 stars

  4.5/5 (540)
• Never Split the Difference: Negotiating As If Your Life Depended On It

  

  From Everand

  Never Split the Difference: Negotiating As If Your Life Depended On It

  Chris Voss

  Rating: 4.5 out of 5 stars

  4.5/5 (844)
• The Little Book of Hygge: Danish Secrets to Happy Living

  

  From Everand

  The Little Book of Hygge: Danish Secrets to Happy Living

  Meik Wiking

  Rating: 3.5 out of 5 stars

  3.5/5 (401)
• Grit: The Power of Passion and Perseverance

  

  From Everand

  Grit: The Power of Passion and Perseverance

  Angela Duckworth

  Rating: 4 out of 5 stars

  4/5 (590)
• A Heartbreaking Work Of Staggering Genius: A Memoir Based on a True Story

  

  From Everand

  A Heartbreaking Work Of Staggering Genius: A Memoir Based on a True Story

  Dave Eggers

  Rating: 3.5 out of 5 stars

  3.5/5 (231)
• Yes Please

  

  From Everand

  Yes Please

  Amy Poehler

  Rating: 4 out of 5 stars

  4/5 (1898)
• On Fire: The (Burning) Case for a Green New Deal

  

  From Everand

  On Fire: The (Burning) Case for a Green New Deal

  Naomi Klein

  Rating: 4 out of 5 stars

  4/5 (74)
• Rise of ISIS: A Threat We Can't Ignore

  

  From Everand

  Rise of ISIS: A Threat We Can't Ignore

  Jay Sekulow

  Rating: 3.5 out of 5 stars

  3.5/5 (137)
• Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

  

  From Everand

  Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

  Gilbert King

  Rating: 4.5 out of 5 stars

  4.5/5 (266)
• Team of Rivals: The Political Genius of Abraham Lincoln

  

  From Everand

  Team of Rivals: The Political Genius of Abraham Lincoln

  Doris Kearns Goodwin

  Rating: 4.5 out of 5 stars

  4.5/5 (234)
• The Emperor of All Maladies: A Biography of Cancer

  

  From Everand

  The Emperor of All Maladies: A Biography of Cancer

  Siddhartha Mukherjee

  Rating: 4.5 out of 5 stars

  4.5/5 (271)
• The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers

  

  From Everand

  The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers

  Ben Horowitz

  Rating: 4.5 out of 5 stars

  4.5/5 (347)
• The World Is Flat 3.0: A Brief History of the Twenty-first Century

  

  From Everand

  The World Is Flat 3.0: A Brief History of the Twenty-first Century

  Thomas L. Friedman

  Rating: 3.5 out of 5 stars

  3.5/5 (2259)
• Principles: Life and Work

  

  From Everand

  Principles: Life and Work

  Ray Dalio

  Rating: 4 out of 5 stars

  4/5 (608)
• Fear: Trump in the White House

  

  From Everand

  Fear: Trump in the White House

  Bob Woodward

  Rating: 3.5 out of 5 stars

  3.5/5 (738)
• Angela's Ashes: A Memoir

  

  From Everand

  Angela's Ashes: A Memoir

  Frank McCourt

  Rating: 4.5 out of 5 stars

  4.5/5 (441)
• The Unwinding: An Inner History of the New America

  

  From Everand

  The Unwinding: An Inner History of the New America

  George Packer

  Rating: 4 out of 5 stars

  4/5 (45)
• Steve Jobs

  

  From Everand

  Steve Jobs

  Walter Isaacson

  Rating: 4.5 out of 5 stars

  4.5/5 (807)
• The Gifts of Imperfection: Let Go of Who You Think You're Supposed to Be and Embrace Who You Are

  

  From Everand

  The Gifts of Imperfection: Let Go of Who You Think You're Supposed to Be and Embrace Who You Are

  Brené Brown

  Rating: 4 out of 5 stars

  4/5 (1092)
• John Adams

  

  From Everand

  John Adams

  David McCullough

  Rating: 4.5 out of 5 stars

  4.5/5 (2409)
• The Glass Castle: A Memoir

  

  From Everand

  The Glass Castle: A Memoir

  Jeannette Walls

  Rating: 4.5 out of 5 stars

  4.5/5 (1716)
• Bad Feminist: Essays

  

  From Everand

  Bad Feminist: Essays

  Roxane Gay

  Rating: 4 out of 5 stars

  4/5 (1018)
• The Outsider: A Novel

  

  From Everand

  The Outsider: A Novel

  Stephen King

  Rating: 4 out of 5 stars

  4/5 (1850)
• The Sympathizer: A Novel (Pulitzer Prize for Fiction)

  

  From Everand

  The Sympathizer: A Novel (Pulitzer Prize for Fiction)

  Viet Thanh Nguyen

  Rating: 4.5 out of 5 stars

  4.5/5 (122)
• The Woman in Cabin 10

  

  From Everand

  The Woman in Cabin 10

  Ruth Ware

  Rating: 3.5 out of 5 stars

  3.5/5 (2521)
• The Light Between Oceans: A Novel

  

  From Everand

  The Light Between Oceans: A Novel

  M.L. Stedman

  Rating: 4.5 out of 5 stars

  4.5/5 (789)
• Brooklyn: A Novel

  

  From Everand

  Brooklyn: A Novel

  Colm Toibin

  Rating: 3.5 out of 5 stars

  3.5/5 (1947)
• A Man Called Ove: A Novel

  

  From Everand

  A Man Called Ove: A Novel

  Fredrik Backman

  Rating: 4.5 out of 5 stars

  4.5/5 (4610)
• Wolf Hall: A Novel

  

  From Everand

  Wolf Hall: A Novel

  Hilary Mantel

  Rating: 4 out of 5 stars

  4/5 (3811)
• Manhattan Beach: A Novel

  

  From Everand

  Manhattan Beach: A Novel

  Jennifer Egan

  Rating: 3.5 out of 5 stars

  3.5/5 (792)
• The Perks of Being a Wallflower

  

  From Everand

  The Perks of Being a Wallflower

  Stephen Chbosky

  Rating: 4.5 out of 5 stars

  4.5/5 (2104)
• Little Women

  

  From Everand

  Little Women

  Louisa May Alcott

  Rating: 4 out of 5 stars

  4/5 (104)
• A Tree Grows in Brooklyn

  

  From Everand

  A Tree Grows in Brooklyn

  Betty Smith

  Rating: 4.5 out of 5 stars

  4.5/5 (1929)
• The Art of Racing in the Rain: A Novel

  

  From Everand

  The Art of Racing in the Rain: A Novel

  Garth Stein

  Rating: 4 out of 5 stars

  4/5 (4203)
• The Constant Gardener: A Novel

  

  From Everand

  The Constant Gardener: A Novel

  John Le Carré

  Rating: 3.5 out of 5 stars

  3.5/5 (104)
• Sing, Unburied, Sing: A Novel

  

  From Everand

  Sing, Unburied, Sing: A Novel

  Jesmyn Ward

  Rating: 4 out of 5 stars

  4/5 (1104)
• Her Body and Other Parties: Stories

  

  From Everand

  Her Body and Other Parties: Stories

  Carmen Maria Machado

  Rating: 4 out of 5 stars

  4/5 (822)