Publication of User Fee Notification

## Report on Amendment to National Highway Fee Collection Notification S.O. 104 E dated 18th January, 2010 **1. Executive Summary:** This report analyzes an amendment to the Government of India's notification S.O. 104 E dated 18th January, 2010, regarding the levying and collection of fees on mechanical vehicles using specific stretches of National Highway No. 2. The amendment, published on March 31, 2022, modifies the fee structure and implementation timeline related to the six-laning project and the construction of elevated highways, specifically impacting fee collection at various plazas along the Delhi-Agra section of NH2. The key change involves adjusting the fee structure based on the completion status of the six-laning project, including the Palwal Elevated highway, and outlining the commencement and cessation of fee collection at specific plaza locations. This report outlines the original policy, the rationale for the amendment, the specific changes implemented, the affected stakeholders, and the anticipated impact of these changes. **2. Introduction:** This report provides an analysis of an amendment to the user fee notification S.O. 104 E dated 18th January, 2010, concerning fee collection on National Highway No. 2 (NH2). The analysis is based solely on the provided government policy text, aiming to inform the affected industry about the details and implications of this amendment. **3. Policy Overview:** * **Original Policy:** S.O. 104 E dated 18th January, 2010, authorized the National Highways Authority of India (NHAI) to levy and collect fees on mechanical vehicles using the six-laned Delhi-Agra section of NH2 from Km.20.500 to Km.200.000. * **Core Objective(s):** * To enable the NHAI to collect user fees for the use of the six-laned Delhi-Agra section of NH2. * To provide a framework for determining the rates and collection of these fees as per the National Highways Act, 1956, and the National Highway Fee Determination of Rates and Collection Rules 2008. **4. Background and Rationale:** The amendment appears to address the phasing of the six-laning project and the construction of elevated highways (Palwal Elevated Highway), and their impact on fee collection. The original notification likely did not account for the staggered completion of these projects. This amendment is intended to align fee collection with the actual availability of infrastructure improvements, ensuring that users are charged appropriately based on the completed sections of the highway. Specifically, the delay in the Palwal Elevated Highway completion is addressed by defining fee collection scenarios contingent on its completion. **5. Key Provisions / Changes:** The amendment substitutes the original "Para 2 of the user fee notification S.O. 104 E dated 18th January, 2010." with new provisions relating to fee collection. The core changes are: * **Introduction of staged fee collection based on project completion:** The amendment introduces three distinct scenarios for fee collection: * **A. During Construction Period:** (Unchanged) * **B. After completion of six laning except Palwal Elevated highway:** Specifies fee plazas at Km.46.000, Km.94.000 and Km.164.000 of NH2. It also clarifies the conditions for fee collection at each of these locations. Specifically, Fee Collection shall be started on or after completion of Six laning at Km.46.000. Fee collection at existing fee plaza location Km.74 shall commence from COD (Commercial Operation Date) whereas fee collection at new location Km.94.000 shall commence after NH2 completion of six laning and fee collection at existing fee plaza location Km.74 shall cease. The fee collection shall commence from COD at Km.164.000. * **C. After completion of Palwal Elevated highway:** Specifies fee plazas at Km.46.000, Km.94.000 and Km.164.000 of NH2 with adjusted lengths for which the fee is payable to reflect the Palwal elevated highway. * **Specific changes at Fee Plaza locations:** * **Km 46.000:** Fee collection to begin after completion of six-laning. After Palwal completion, the length changes to reflect the Palwal elevated highway cost. * **Km 74.000:** Fee Collection at existing fee plaza location Km.74 shall commence from COD whereas fee collection at new location Km.94.000 of Km.94 shall commence after NH2 completion of six laning and fee collection at existing fee plaza location Km.74 shall cease. * **Km 94.000:** Fee collection to commence after completion of six-laning at Km.94.000. * **Km 164.000:** Fee collection to commence from COD. * **Effect of the Changes:** * The original policy likely had a simpler fee collection structure. This amendment introduces a more nuanced approach based on project completion, ensuring that users only pay for the infrastructure that is available. The change also addresses the phasing out and relocation of toll plazas. **6. Target Audience and Stakeholders:** The direct stakeholders affected by this amendment include: * **Users of the Delhi-Agra section of NH2:** These users will experience changes in toll amounts and locations depending on the completion status of the six-laning project and the Palwal Elevated highway. * **National Highways Authority of India (NHAI):** NHAI is responsible for implementing and managing the fee collection process according to the amended guidelines. * **Toll operators:** Companies contracted by NHAI to collect tolls will need to adjust their operations based on the new fee structure and plaza locations. * **Commercial vehicle operators and logistics companies:** Businesses relying on this highway stretch for transportation will be impacted by the changes in toll fees and collection points. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The National Highways Authority of India (NHAI) is the primary body responsible for implementing this amendment. * **Timelines:** The amendment links fee collection to specific project completion milestones (completion of six-laning, completion of Palwal Elevated Highway, COD - Commercial Operation Date). The text specifies that the fee collection at Km.46.000 of NH2 will be started on or after completion of Six laning. Also, the fee collection at existing fee plaza location Km.74 shall commence from COD whereas fee collection at new location Km.94.000 of Km.94 shall commence after NH2 completion of six laning and fee collection at existing fee plaza location Km.74 shall cease. * **Procedures:** It's inferred that NHAI will need to monitor the progress of the six-laning project and the Palwal Elevated highway to trigger the appropriate fee collection schedules based on project completion. **8. Expected Outcomes / Impact of Changes:** The intended outcomes of this amendment are likely: * **Fairer fee collection:** Toll collection will be more closely aligned with the availability of upgraded infrastructure. * **Smoother traffic flow:** By relocating fee plazas (e.g., ceasing Km 74 upon commencement of Km 94), the changes aim to improve traffic flow and reduce congestion. * **Improved revenue generation for NHAI:** By optimizing fee collection based on completed infrastructure, NHAI aims to maximize revenue to support highway maintenance and development. * **Increased transparency:** Clearly defining the fee structure based on project completion provides greater transparency for users. **9. Conclusion:** The amendment to notification S.O. 104 E represents a crucial update to the fee collection mechanism on the Delhi-Agra section of NH2. By aligning fee structures with project completion milestones, the amendment seeks to create a fairer and more efficient system. The key change lies in the staged implementation of fee collection at different plaza locations, contingent on the completion of the six-laning project and the Palwal Elevated highway. This adjustment will directly affect users, toll operators, and NHAI, with the ultimate goal of improving traffic flow, optimizing revenue generation, and providing greater transparency to highway users. The document highlights the dynamic nature of infrastructure projects and the need for policies to adapt to evolving realities.

Key Entities Referenced