Home India Ministry of Road Transport and Highways Compliance of Rule 3(2) of the National Highways Fee (Determ...
Date: 2025-09-09 Category: Not Applicable State: Union Government Country: India

Compliance of Rule 3(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008

Issued by Ministry of Road Transport and Highways · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This document outlines the Standard Operating Procedure (SOP) for Toll Notifications and the implementation of mandatory Electronic Toll Collection (ETC) infrastructure in all lanes of User Fee Plazas along National Highways. It details the process from initiating user fee notifications to converting plazas into ETC-compliant facilities, with the goal of commencing user fee collection within 45 days of the Commercial Operation Date (COD). Compliance with this SOP is required with immediate effect until further orders. Key Points / Main Content: Toll Notification Process: * User Fee Collection must start within 45 days of COD, with User Fee Plazas substantially completed 60 days prior. * Proposals for User Fee Notifications should be initiated six months before the anticipated project completion. * Chief Engineers (NH) of State Governments, NHAI, or NHIDCL shall submit proposals to the Ministry with required documents. * Project Zones will examine draft notifications and forward them to the Toll Division for approval and publication, authorizing NHAI or its recommended agency to collect user fees. * Upon successful processing, the User Fee Plaza is handed over to NHAI for toll management. * NHAI deposits toll remittances into the Consolidated Fund of India (CFI), maintaining separate accounts for different entrusted entities. ETC Implementation: * All User Fee Plaza lanes must be converted to Hybrid ETC-compliant lanes, with dedicated lanes for exclusive ETC passage. * NHAI prepares proposals and cost estimates for ETC conversion and submits them to relevant Road Operations (ROs) of the Ministry, Project Directors (PD) of NHIDCL or PIUs of the Ministry. * ROs/PDs/PIUs of the Ministry approve the proposals as variation/change of scope or as a new work. * Funds are transferred to NHAI linked to work progress, and NHAI implements the ETC conversion. * Works related to User Fee Plazas and making them ETC compliant/hybrid ETC compliant are completed at least 60 days prior to COD. Timelines: * Specific timelines are provided for various activities, including construction commencement, notification initiation, examination, publication, agency finalization, plaza completion, estimate submission, and ETC conversion. Other Provisions: * The procedure applies to BOT (Build-Operate-Transfer) Annuity and HAM (Hybrid Annuity Mode) projects. * Separate guidelines will be issued regarding ETC service cost sharing among entities. * Minimum lane ratios are specified for new NH projects based on configuration (e.g., 1:4 ratio for 2-lane highways with paved shoulders). Impact Analysis: State Governments/UTs Public Works Departments: * Impact: Required to adhere to the SOP for projects involving National Highways and Centrally Sponsored Schemes. * Action Required: Ensure compliance with the guidelines, particularly in initiating User Fee Notifications and coordinating with the Ministry and NHAI. National Highways Authority of India (NHAI): * Impact: Responsible for managing toll collection, converting plazas to ETC compliance, and depositing toll remittances. * Action Required: Engage agencies for User Fee Collection, prepare and submit ETC conversion proposals, implement ETC infrastructure, and maintain separate accounts for user fees. NHIDCL: * Impact: Involved in submitting proposals for user fee notifications and coordinating ETC implementation for projects under their purview. * Action Required: Submit user fee proposals to the Ministry and take expeditious action towards approving estimates as per applicable policies. Ministry of Road Transport & Highways (MoRTH): * Impact: Oversees the entire process, including notification approvals, fund allocation, and monitoring compliance. * Action Required: Examine and approve draft notifications, transfer funds to NHAI, and ensure timely execution of works.

Key Entities Referenced

Ministry of Road Transport and Highways: The central government ministry responsible for the development and maintenance of national highways in India. It is the primary issuing authority of this notification. National Highways Authority of India (NHAI): An autonomous agency of the Government of India responsible for the development, maintenance, and management of National Highways in India. NHAI is responsible for User Fee collection. National Highways Fee Determination of Rates and Collection Rules, 2008: The regulatory framework governing the determination of toll rates and collection on National Highways in India. Electronic Toll Collection (ETC): A system for automatically collecting tolls electronically, often using FASTags, to reduce congestion and improve efficiency at toll plazas. User Fee Plaza: A designated location on a National Highway where tolls are collected from vehicles using the road. National Highways and Infrastructure Development Corporation Limited (NHIDCL): A company of the Government of India, for development of National Highways and other infrastructure in difficult terrains and border areas. Central Road and Infrastructure Fund (CRIF): A fund of the Government of India for financing road and infrastructure projects. Toll remittances shall be deposited by the NHAI in the CFI State Public Works Departments: The state government departments responsible for the construction and maintenance of roads and highways within their respective states.
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No. NH-15017/5/2019-P&M Government of India Ministry of Road Transport & Highways (Planning Zone) TransportBhawan,1,ParliamentStreet, NewDelhi- 11000 y19 . . Dated the 7'" March, To The Principal Secretaries/ Secretaries of all States/ UTsPublic Works Departments 1. dealingwith NationalHighways,OtherCentrally SponsoredSchemes&StatesChemfs The Engineers-in-Chief/ Chief Engineersof all States/ UTsPublic works Departmints 2. dealingwith NationalHighways,OtherCentrally SponsoredSchemes \ 3. TheChairman,NationalHighwaysAuthority of India (NHAI),G-5&6,Sector-IO,Dwarra, NewDelhi-110075 4. TheManagingDirector, NHIDCL,3rdFloor, PTIBuilding, 4-Parliament Street, NewD lhi - 110001 \ 5. Director General (Border Roads),SeemaSadakBhawan, 4- Parliament Street, New Delhi- 110001 6. All CEROs/ SEROs Subject: Guidelines/ Standard Operating Procedure (SOP)for Toll Notifications a d mandatory ETCinfrastructure in all Toll Lan.es- Reg. Sir/ Madam, Pleasefind enclosedherewith the StandardOperating Procedurefor Toll Notificati n andprovisionof mandatory ETCinfrastructure in all UserFeeLanesof the UserFeePia as constructed either through State Governments, or through the NHIDCL,or directly by t~e PIUsof the Ministry. III 2. It is requested to bring these to the notice of all concerned for compliance with immediate effect anduntil further orders. 3. This issueswith the concurrence of the Finance Wing vide U.O. No. 2585/TF-II, dated05.03.2019andapprovalof the CompetentAuthority. Enclosure:As above Copy¥to: - t . 1. CEsin the Ministry of RoadTransport & Highways 2. All TechnicalOfficers in the Ministry of RoadTransport & Highways 3. TheSecretaryGeneral,IndianRoadCongress Page1of 6No. NH-15017/5/2019-PEtM Government of India Ministry of RoadTransport & Highways -. (Planning Zone) TransportBhawan,1,ParliamentStreet,NewDelhi- 11000 4. The Director, IAHE 5. Dy. FA/ Controller of accounts 6. TechnicalCircularfile ofSEtRSection 7. NIC- for uploadingonMinistry's website under "What's new" All Technical Officers in the Ministryof RoadTransport EtHighways 8. TheDirector-IAHE/SecretaryGeneral-IRC 9. Technicalcircular file of SEtRDivision Copyfor information andnecessaryaction to: - 1. PPSto Secretary(RTEtH) 2. Sr.PPSto DG(RD)EtSS 3. PPSto Additional Secretary 4. PPSto ASEtFA 5. PSto ADG(Z-I)/ADG(Z-II)/ADG(Z-III)/ADG(IV)/ADG(V) Page2of 6No. NH-15017/5/2019-P&M Government of India Ministry of Road Transport & Highways (Planning Zone) TransportBhawan,1,ParliamentStreet,NewDelhi- 11000 Standard Operating Procedure for Toll Notifications and Implementation of Hybrid ETCSystem (HES)in all lanes of User Fee Plazas along National Highways 1. The User Fee Collection shall commence within the 45 days of the Commercial OperationDate (COD)of the NHProject asper the National HighwayFee(Determination of Ratesand Collection) Rules,2008. For this, all UserFee Plazashould be got substantially completed alongwith supportinginfrastructure facilities at least 60daysprior to the COD. 2. The proposalfor issuanceof UserFeeNotification for anystretch shouldbeinitiated Sixmonthsbefore the anticipated completion of the HighwayProject. Chief Engineers(NH) of the State Government, in consultation with the concerned ROof the Ministry, shall submitsuchproposalsto theMinistry for notification alongwith all requisite enclosuressuch as draft notification, location of User Fee Plaza, Layout Plan etc. The proposal seeking relaxations from the prescribednormsas per the National Highway Fee (Determination of Ratesand Collection) Rules,2008amended from time to time (such as those related to location of UserFeePlazawithin 10km of the Municipal Limits but not within the 5 kmof the Municipal Limit, etc. andclose proximity of the Fee Plazaswithin 60 km distance of another Fee Plaza etc.) must be adequately justified along with necessarysupporting details/ documents, etc. Forstretches of NHsentrusted to the NHAIand the NHIDCL,the NHAI/ NHIDCLshall submit such proposals to the Ministry. Similarly, for the projects executed through the PIUsof the Ministry, the concerned PDsof the PIUsshall submit the proposalsto the Ministry directly. 3. All relevant details shallbesubmitted alongwith draft Userfee notification, suchas project length &cost, lengthandcostof Bypasses/tunnels/ bridges, etc. 4. ConcernedProject Zonesshall examinethe draft notifications andforward the same alongwith other relevant details to the Toll Divisionof the Ministry for obtaining approvals thereon and for publication of the notifications specifically authorizing NHAI/ agency recommendedbyNHAI(bythe "Central Government") to collect the UserFee. 5. Uponsuccessfulprocessingof the UserFeeNotification, the UserFee Plazaunder consideration would be handedover to the NHAIfor managementof tolling. However, the section of NH may continue to remain entrusted with the same agency viz. the State Government or the NHIDCL,as the case may be. A complete set of Inventory would be prepared for eachsuchUserFeePlazawhich are proposedto be handedover to the NHAI. At the time of handingoverthe UserFeePlazasto NHAI,all the inventories shallbeverified andhandedover to the NHAIunder intimation to the Ministry. A copy of the sameshall be kept asa record in the ROof the Ministry aswell asCE(NH)office; for projects assigned with PIUsof the Ministry or to NHIDCL,the recordsshall be maintained in suchPIUsof the Ministry/ NHIDCL. Page3 of 6No. NH-15017/5/2019-P&M Government of India Ministry of Road Transport & Highways (Planning Zone) <, TransportBhawan,1, ParliamentStreet,NewDelhi- 11000 6. Uponpublication ofToll Notification, the NHAIshallstart the processof engagement of the Agencyfor the UserFeeCollection. Further, after taking over the UserFee Plaza, NHAIshallstart the UserFeecollection asper their extant procedures.Thetoll remittances shall be deposited by the NHAIin the CFIto be ring-fenced into the budget head of the Ministry subsequentlyasper the extant policy. NHAIshall maintain separate accounts for UserFeescollected by NHAIfor NHsentrusted with Ministry's PIUs/ State Governments/ NHIDCLandthe UserFeescollected for NHsentrusted with the NHAI. 7. As per the current EPCdocument, User Fee Plaza should be ETCcompliant. However,asper earlier EPCContract documents,it wasnot mandatory to haveall UserFee lanes as ETCcomplaint. NHAIshall convert all such lanes also to Hybrid ETCcompliant lanes; however, dedicated lanes in each of these User Fee Plazas shall be made for exclusivepassageofvehicleshavingETCcompliant systemsasper extant policy. 8. NHAIshall prepare proposalsandcost estimates for conversionof all suchUserFee Plazasinto ETCcompliant/ hybrid ETCcompliant Plazasand shall submit the sameto the concernedROsof the Ministry/ PDof NHIDCL/PD(PIU)of the Ministry, asthe casemaybe. 9. Oncethe proposalandcost estimates for conversionof all suchUserFeePlazasinto ETCcompliant! hybrid ETCcompliant Plazasissubmitted by the NHAIto the concernedROs of the Ministry/ PDof NHIDCL/PD(PIU)of the Ministry, asthe casemaybe, NHAIshall start the processof engagingthe vendor for supplying, installing and commissioningthe ETC systemat the UserFeePlazas. 10. Uponreceipt of suchproposalsfrom NHAI,concerned RO/ PD(PIU)of the Ministry shall examine the proposalfor its approval either as a variation/ changeof scopeto the original sanctionedestimate or asa newwork altogether (in casethe original project stands completed andits accountshavebeenclosed)asper extant delegation of powersfor such approvals. Concerned officers of NHIDCLshall also take expeditious action towards approvingsuchestimatesasperapplicable policies. 11. RO/ PD(PIU)of the Ministry shall transfer requisite funds to the NHAIlinked to progressof worksonce the estimate for makingUserFeePlazaETCcompliant! hybrid ETC compliant is sanctioned. NHIDCLshall makeits own arrangements for transferring of funds to NHAIfor UserFeePlazasonNHsentrusted to them. 12. NHAIshallimplement worksfor converting UserFeePlazasasETCcompliant! hybrid ETCcompliant thereafter. 13. Generally, suchconversionof UserFeePlazasto makethem ETCcompliant/ hybrid ETCcompliant shall be coveredunder original sanctioned works as a variation/ changeof scopein casethe original scopedoesnot havesuchprovisions. In caseit is not possibleto get the samecovered under original sanctioned works asvariation/ changeof scope, the sameshall be got approvedasa fresh sanction. It shall be the responsibility of concerned Page4 of 6No. NH-15017/5/2019-P&'M Government of India Ministry of Road Transport 8: Highways (Planning Zone) Transport Bhawan, 1, Parliament Street, New Delhi - 11000 ROs/ PDs(PIUs) of the Ministry/ PDsof NHIDCL to ensure that such works are executed well in time. 14. It shall be ensured in all cases that all works related to construction of User Fee Plazas and making them ETC compliant! hybrid ETC compliant are completed at least 60 days prior to the COD. 15. Following time-lines shall be applicable in this context: - Time line Authority Sr. Activity Responsible for No. ensuring adherence to Time line (i) Commencement of construction of User Fee Plaza COD- 6months RO,MoRT&H withallsupporting infrastructure PO(PIU),MoRT&H GM,NHIDCL (ii) Initiation of User Fee Notification by State COD- 6months RO,MoRT&H Government and RO of the Ministry! NHIDCL to the PO (PIU), MoRT&H; Ministry authorizing NHAII agency recommended by GM,NHIDCL NHAI (by the "Central Government")to collect User Fee (iii) Examination of the User Fee notifications in the COD- 5months CE (Project Zone) of theMinistry concerned ProjectZonesofthe Ministryand referring toTollDivisionoftheMinistry (iv) Publication ofthe notificationsspecifically authorizing COD- 4months JS(Toll) NHAII agency recommended by NHAI (by the "CentralGovernment")tocollectUserFee (v) Initiatingthe processoffinalisingthe agencyfor User COD- 3months RO,NHAI FeeCollection (vi) Completion of constructionof UserFee Plazawith all COD-60 days RO,MoRT&H; supporting infrastructure facilities by Executing PO (PIU), MoRT&H; Agency, t.e,State Government!NHIDCLI PIUsofthe GM,NHIDCL Ministry,etc. (vii) Handing over of completedUser Fee Plazas with all COD- 50days RO,MoRT&H; supportinginfrastructurefacilities PD(PIU),MoRT&H; GM,NHIDCL (viii) Submission of estimates by NHAI for conversion of COD-40 days RO,NHAI User Fee Plazas as ETC compliant! hybrid ETC compliant (ix) Starting the process of finalising the Vendors for COD-40 days RO,NHAI supply, installation and commissioning of ETC facilities (x) Approvalof Estimateseitherasavariation! changeof COD- 25days RO,MoRT&H! NHIDCLIProjectSone scopeorasafreshsanction Page 5 of 6No. NH-1S017/S/2019-P&M Government of India Ministry of RoadTransport & Highways ... ~ , (Planning Zone) TransportBhawan,1,ParliamentStreet,NewDelhi- 11000 Sr. Activity Time line Authority No. Responsible for ensuring adherence to Time line CEofthe Ministry as perextant delegation of powers (xi) Conversion of User Fee Plazas as ETC compliant! COD +20days RO, NHAI hybridETCcompliant (xii) Finalising the agency for User Fee Collection and COD +20days RO,NHAI issueofLOA (xiii) Commencement ofUser FeeCollection ~ COD +45days RO,NHAI -, 16. Theaboveprocedureshallbeapplicable for all BOT(Annuity) andHAMprojects also. 17. Similar procedureshallalsobe adopted for all existing on-goingBOT(Toll) UserFee Plazasbeing operated by Ministry through State PWDsetc. However, separate guidelines shall be issuedby the Toll Divisionof the Ministry regarding sharingof service cost of ETC amongfour entities, i.e. IssuerBank(BankissuingFASTags),Acquirer Bank(Concessionaire's bank), Central Clearing Houseand IHMCL.Further, subsidiesprovided to FASTagUsers(if any) shall be duly accounted for by the NHAIfor such BOT(Toll) projects and admissible compensationspayable to the Concessionaireshall be made by NHAIout of its overall available resources. 18. It shall be ensured that while making provision for any Toll Plazafor all new NH projects, the numberof lanesshallbeminimumin the ratio of 1:4asunder: Sr. NHConfiguration No.of lanes No. (i) 2lanel 2Lane+PavedShoulders 8lanes(4+4) (ii) 4-LaneHighway 16Lanes(8+8) (iii) 6-LaneHighway 24lanes(12+12) (iv) 8-LaneHighway 32lanes(16+16) Whereverrequired, the Designof a Toll Plazamaybe staggeredin the event of problem of availability of ROW1 landfor accommodating24/32 lanes. However,these normswould not beapplicable in the caseof anAccesscontrolled Highwayin respectof the Toll Plazasbuilt onthe intervening interchanges.Inthesecases,the numberof lanesat the entry1exit of a Toll Collection point shallbekept aminimum of 4- lanesbut preferably 6-lanes. 0-0-0-0-0 Page6of 6

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