THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
4 Kartik , 1943 (S)
RANCHI, Tuesday, 26th October, 2021
ROAD CONSTRUCTION DERPARTMENT
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Notification ¼vf/klwpuk½
16 th September, 2021
Notification No. i0fu0fo0@fofo/k&06&143@2010- No-RCD-6- (Misc.)--In exercise of the
powers conferred by section 2 of The Indian Tolls (Jharkhand Amendment) Act 2002, the Government
of Jharkhand hereby makes the following amendment rules for collection of user fee for use of state
roads and / or bridges including interchanges, flyovers, ROB/RUB, bypasses and tunnels thereon
other than National Highways and / or bridges interchanges, flyovers, ROB/ RUB, by passes and
tunnels, namely:-
1. Short title and commencement : -
(1)
These rules may be called the Jharkhand Highways Fee (Determination of Rates and
Collection) Amendment Rules, 2021.
(2)
They shall come into force on the date of their publication in the Official Gazette.
(3)
They shall not apply to agreements and contracts executed and bids
invited prior to the
publication of these rules, unless specifically provided for otherwise.
2. Amendments in Rule 2 :-
After the definition in the exiting clause (c) of Rule 2, the following new clause as clause (ca)
shall be inserted –
A)
(ca) “Composition User Fee” means the levy of consolidated user fee, for use of state roads
and or commuting on roads and / or bridges including interchanges, flyovers, ROB/RUB,
bypasses and tunnels thereon in mining areas, for such period and on such conditions as may
be specified under these rules; in addition to the user fee payable under rule 3 of these Rules.
After the definition in the exiting clause (j) of Rule 2, the following new clauses as clause
(ja) shall be inserted –
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Jharkhand Gazette (Extraordinary), Tuesday, 26th October, 2021
(ja) “Local Areas” for the purposes of these Rules mean the areas within the limits of a –
(a) Municipal Corporation
(g) Town Board
(b) Municipality
(h) Municipal Committee
(c) Zila Parishad
(i) District Board
(d) Mines Board
(j) Notified Area Committee
(e) Municipal Board
(k) Cantonment Board
(f) Gram Panchayat
(l)
Any Other Local Authority or any Authority by whatever nomenclature called,
constituted or continued under or in any law for the time being in force.
After the definition in the exiting clause (k) of Rule 2, the following new clause as clause
(ka) shall be inserted –
(ka) – “Mining Areas” for the purposes of these Rules mean all such areas falling under the
Mines Act, 1952, MMDR Act 1957 (as amended), MCR 1960 (as amended), JMMC 2004
(as amended) and The Jharkhand Minerals (Prevention of illegal Mining, Transportation
and Storage) Rules, 2017; including the areas falling for the purpose of washing and
processing of mined goods, loading, unloading and transportation of all such mined
goods, whether or not falling within any Local areas, and as specified in this behalf.
After the definition in the exiting clause (r) of Rule 2, the following new clause as clause
(s) shall be inserted –
(s) – “state roads” for the purposes of these rules mean the state Highways, roads and / or
bridges including interchanges, flyovers, ROB/RUB, bypasses, tunnels as constructed
through any state public funded project or “deposit work(s)”, and includes all such roads
falling within any mining areas thereon; but excluding the National Highways and / or
bridges interchanges, flyovers, ROB/ RUB, by passes and tunnels; as constructed
through any Central Government Project.
B)
The existing definition of clause (k), shall be substituted by the following -
(k) – "mechanical vehicle" means any vehicle driven under its own power including a motor
vehicle, whether loaded or unloaded and as defined under the Motor Vehicles Act, 1988;
and as specified and or prescribed by a notification under these Rules.
3. Amendment in rule 3
The existing sub-rule (1) of rule 3 and sub-rule (2) of rule 3 shall be substituted as under: -
Sub-rule (1)- The Government may by notification, levy user fee for use of any section
of state roads and or commuting in mining areas, as the case may be, by a mechanical
Jharkhand Gazette (Extraordinary), Tuesday, 26th October, 2021
3
vehicle, in accordance with the provisions of these rules and or as specified or
prescribed under these Rules.
Provided that the Government may by notification, exempt any section of state roads or
commuting on roads and / or bridges including interchanges, flyovers, ROB/RUB,
bypasses and tunnels thereon in mining areas from levy of such user fee or part
thereof, and subject to such conditions as may be specified in this behalf.
Sub-rule (2)- The collection of user fee as levied under sub-rule (1) of rule 3, shall
commence from such date as may be specified by a notification in this behalf, from the
date of completion of the section of state roads.
4. Insertion of a new rule as rule 3A, after the existing Rule 3;
Rule 3A - Composition user fee
1) Notwithstanding anything contained in rule 3 of these rules; the State Government
may, by a notification in the official Gazette, in addition to the amount of user fee
payable under these Rules; provide for a scheme for payment of composition user
fee for such period, and payable by all such mechanical vehicles, which are liable
to pay user fee for use of any state roads or part thereof or commuting in mining
areas as the case may be , subject to such conditions and such restrictions, as
may be specified and or as prescribed in this behalf.
2) The levy of such composition user fee shall be based on to and fro basis, and such
user fee shall be such amount for one way, or such amount(s) as may be specified
in this behalf; and such amount(s) may be revised after such intervals, as may be
notified in this behalf.
3) Any such mechanical vehicle liable to pay the composition user fee under this rule
contravenes any of the provisions of this rule for the payment of the specified
composition user fee, shall be liable to pay penalty, thrice the amount of such
composition user fee payable.
4) The composition user fee may be based on the, “to and fro” basis. Such user fee
shall be Rs. 600/- for each way. For this purpose, the base year shall be the year
2021.
Provided such user fee rate may be revised yearly at the rate not exceeding @
10% per year, on every first of April, each year.
5. Amendment in rule 6
Insertion of a new sub-rule (8) after the existing sub-rule (7) of rule 6 –
(8) In addition to the user fee collection through toll plaza(s), the state government may by
notification, implement the payment of such user fee or the composition user fee,
on-line / off-line, from such mechanical vehicles or from such other commercial vehicles for
the use of state roads and or for transporting the minerals and or other commercial goods,
and the payment of such user fee or the composition user fee shall be mandatory for the
issuance of e-challan/ challan, by the authority authorized for issuance of such challan for
transportation of such goods.
6. Amendment in rule 8
A)
The sub-rule (1) of rule 8 and sub-rule (2) of rule 8 shall be substituted as under: –
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Jharkhand Gazette (Extraordinary), Tuesday, 26th October, 2021
Rule 8. Location of toll plaza. — (1) The executing authority or the concessionaire, as
the case may be, shall establish a toll plaza beyond a distance of ten kilometres from a
municipal or local town area or within mining area limits:
Provided that the executing authority may, for reasons to be recorded in writing, locate
or allow the concessionaire to locate a toll plaza within a distance of ten kilometres of
such municipal or local town area limits, but in no case within five kilometres of such
municipal or local town area limits..
Provided further that where a section of the state roads are constructed or to be
constructed within the municipal or town area limits or within mining areas limits within
five kilometres from such limits; the toll plaza(s) may be established, within the local
area limits or within a distance of five kilometres from such limits.
Sub-rule (2) Any other toll plaza on the same section of state roads in the same
direction shall not be established within a distance of forty kilometres:
Provided that where the state government deems necessary, it may for reasons to be
recorded in writing, establish or allow the executing authority or the concessionaire or
an agent to establish another toll plaza within a distance of forty kilometres:
Provided further that a toll plaza may be established within a distance of forty
kilometres from another toll plaza, if such toll plaza is required for collection of user fee for
use of any section of state roads and or mining areas or in mining areas.
B)
Insertion of a new sub-rule (3) after the existing sub-rule (2) of rule 8 –
Sub-rule (3) notwithstanding anything contained in these rules; all such mineral carrying
commercial vehicles and or other commercial vehicles carrying/transporting goods; falling
under the category of commercial vehicles; the user fee and or the composition user fee
may be collected without erection of toll plaza(s).
Explanation I - The section(s) of state roads wherever used in these rules, apart from the
amendments, shall deemed to be substituted and construed to mean; section of road and or
mining area roads and/or bridges including interchanges, flyover, ROB/RUB, by passes and
tunnels; section of road and or mining area roads and/or bridges including interchanges, flyover,
ROB/RUB, by passes and tunnels thereon but other than National Highways and / or bridges
interchanges, flyover, ROB/RUB, by passes and tunnels.
Jharkhand Gazette (Extraordinary), Tuesday, 26th October, 2021
5
7. उत संशोधन नयमावल के कायावयन क णाल नन होगी:-
(i) खान एवं भूत#व $वभाग %वारा खनन शु(क हेतु चालान/ई-चालान नगत करने क णाल है ।
उत णाल म. खनन /े0 म. Mineral Carrying Commercial Vehicle सेs User Fee को समा1हत
करने हेतु खान एवं भूत#व $वभाग के मा2यम से कारवाई क जाएगी ।
(ii) User fee or Composition User Fee को रा4य के राज5व एवं ाि7तयाँ शीष म. सड़क के
नमाण/मरम त के न;म#त जमा करने हेतु नयमानुसार सुसंगत शीष के गठन क कारवाई
$व#त $वभाग के मा2यम से क जायेगी ।
(iii) Web portal के मा2यम से ई-चालान के सृजन हेतु सूचना, ौ%यो?गक एवं ई-गवनेस $वभाग के
मा2यम से कारवाई क जाएगी ।
8- ताव पर मं प
रष का अनुमोदन ात है ।
यह राजप म काशन के त थ से लागू होगा ।
झारखAड रा4यपाल के आदेशानुसार,
सुनील कुमार,
स?चव,
पथ नमाण $वभाग,
झारखAड, राँची ।
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झारखAड राजकय मुGणालय
झारखAड राजकय मुGणालय, राँची %वारा का;शत एवं मु1Gत
राँची %वारा का;शत एवं मु1Gत,
झारखAड गजट
झारखAड गजट (असाधारण
असाधारण)
) 537 -- 50