PATNA TOLL TAX REGULATIONS, 2019

 

PREAMBLE

In exercise of powers vested under Section 127(k) and Section 421 of the Bihar Municipal Act, 2007, (as amended from time to time) the Governor of Bihar is pleased to make the following Regulations 2019 in respect of Toll Tax, which is hereby previously published as required by section 421 of the said Act namely:-

Regulation - 1. Short title, Extent and Commencement.

(a)      These Regulations may be called Patna Toll Tax Regulations, 2019

(b)      It shall extend to the municipal limits of Patna Municipal Corporation (PMC) excluding cantonment areas therein

(c)      It shall come into force from the date of its publication in the Gazette

Regulation - 2. Background.

The use of tolls is a central component to this nation's transportation funding system. The road network in India has enabled the country to stay connected and grow, helping both people and goods travel the length and breadth of our country. Tolls establish a direct connection between the use of the road and payment for that use. Every road needs maintenance and reconstruction, and that costs money. Tolls provide a sustainable source of revenue for ongoing road maintenance and improvement. Tolling is an innovative and cost-effective approach to addressing our nation's transportation infrastructure challenges while providing a safe and reliable option for the traveling public to reach their destinations.

Regulation - 3. Definition.

In these Regulations, unless otherwise required in the context-

(a)      "Act" means the Bihar Municipal Act 2007

(b)      "Section" means a Section of the Act

(c)      All words and expressions used in these rules and not defined shall have the same meaning assigned to them in the Act

(d)      "Competent Authority" means Executive Officer of Patna Municipal Corporation.

(e)      "Base Year" means the period from the 1st April 2019 to the 31st March 2020

(f)       "Municipality" means an institution of Local Self- Government constituted under section 12 of the Act read with Article 243Q of the Constitution of India and includes a Municipal Corporation, a Municipal Council and a Nagar Panchayat, referred to in section 13 of Bihar Municipal Act, 2007

(g)      "Concession Agreement" means an agreement executed between the Patna Municipal Corporation (PMC) and the Concessionaire

(h)     "Year" means a financial year commencing on the 1st day of April of a year and ending on the 31st March of the succeeding year

(i)       "Official-in-charge" means a person authorised as such by the executing authority or Concessionaire, as the case may be, for collection of toll for use of a section of PMC Road or a Bridge or a Bypass

(j)       "Concessionaire" means a person who has entered into a concession agreement with Patna Municipal Corporations

Regulation - 4. Levy of Tolls.

(a)      The Patna Municipal Corporation may, by notification, levy toll on mechanical vehicles for use of any section of Roads which falls under the jurisdiction of Patna Municipal Corporation at the rates specified in Rule 4.h

(b)      Collection of tolls levied under sub-rule (1) shall be made in accordance with the terms of the Concession Agreement

(c)      The executing authority concerned or the Concessionaire, as the case may be, shall at least fifteen days prior to the commencement of collection of tolls or revised tolls, as the case may be, publish a notice specifying the actual amount of toll to be charged on mechanical vehicles in at least one newspaper each in English and local language of the area having a wide circulation in such area

(d)      These Toll charges are applicable only for the Vehicles which are not registered in Patna

(e)      No Toll shall be levied on two-wheelers, three-wheelers and Rickshaws

(f)       No Toll shall be collected from the Vehicles for which the Toll has been paid within last 24 hours for passing through the same Toll

(g)      Tax shall be charged at the following Rate:

In case of Return Passes, rate shall be as follows:

In case of Monthly Passes, rate shall be as follows:

Regulation - 5. Applicability.

This tax shall be applicable for the following Gates:

(a)      Gai Ghat Bridge

(b)      Didarganj Check Post

(c)      Bairiya, Patna- Gaya Road

(d)      Sipara, Patna - Punpun Road

(e)      Khojay Imli, Patna - Khagol Road

(f)       Canal, Patna - Danapur Bailey Road

(g)      Canal, Patna - Digha Road- Danapur Road

Entry Points in Future may be increased or decreased by PMC Toll Committee. This Committee shall be headed by the Patna Municipal Commissioner.

Regulation - 6. Collection of Toll.

(a)      The toll levied under these rules shall be collected by the executing authority concerned or the Concessionaire, as the case may be, at the toll gate.

(b)      Every driver, owner or person in charge of a mechanical vehicle shall, for the use of the section of Patna Municipal Corporation road or bridge or bypass, before crossing the toll gate pay the tolls specified under these rules

(c)      The tolls collected under these rules shall be paid either in cash or through Smart Card

(d)      Provided that no additional charges shall be realized for making the payment of tolls by use of Smart Card or on board unit (transponder) or any other like device

(e)      Every driver, owner or person in charge of a mechanical vehicle, upon payment of toll shall be issued a numbered receipt, specifying date and time of journey, amount paid and the class of vehicle

(f)       Toll may be collected in perpetuity by the executing authority concerned on sections of Patna Municipal Corporation or bridges or bypass on which toll is due and payable under these rules for the maintenance, repair, improvement or replacement thereof and for provision of services and amenities to the users thereof

Regulation - 7. Exempted vehicles.

(a)      No toll shall be levied and collected from a mechanical Vehicle Transporting and accompanying-

(i)       The President of India

(ii)      The Vice-President of India

(iii)     The Prime Minister of India

(iv)    The Chief Justice of India

(v)      Governors and Lt. Governors

(vi)    Union Ministers

(vii)   Chief Minister and Ministers of the State

(viii)  Judges of the Supreme Court of India

(ix)    Presiding Officers of Central and State Legislatures

(x)      Chief Justice of the High Courts and Judges of High Courts

(xi)    Chief Ministers and Ministers of other States

(xii)   Foreign dignitaries on State visit

(xiii)  Members of Legislative Assembly and Parliament.

(b)      Used for official purposes by

(i)       The Ministry of Defense including those, which are eligible for exemption in accordance with the provisions of the Indian Toll (Army & Air Force) Act, 1901 and the rules made there under as extended to Navy also

(ii)      The Central and the State Armed Forces in uniform including Paramilitary Forces and Police

(iii)     Executive Magistrate

(iv)    Fire-fighting Department

(v)      Government (Government of India and other State Governments)

(vi)    Persons for inspection, survey, construction or operating and maintenance of the State Road, bridge or bypass

(vii)   Used as Ambulance or Dead Body Carrier (Hearse).

Regulation - 8. Display of information.

(a)      The amount of toll for each class of vehicle, period of validity for the amount paid, the categories of vehicles exempted from payment of toll, the name, address and telephone number of the executing authority concerned or Concessionaire, as the case may be, to whom suggestions and complaints, if any, should be addressed, shall be clearly and prominently displayed one kilometre ahead of the toll gate in both Hindi and English language.

(b)      The height of the display boards, their quality and size of lettering should be such that it shall be clearly visible and legible to the person driving the Vehicle.

Regulation - 9. Appellate Authority.

The Superintending Engineer under whose jurisdiction the PMC Road or bridge or bypass falls, shall be the Appellate Authority provided that the PMC may, by notification, appoint any other officer who shall be higher in rank than the prescribed authority, as the Appellate Authority for a PMC Road or a part thereof, as may be specified in that notification.

Regulation - 10. Unauthorised collection.

Any driver, owner or person in charge of the mechanical vehicle may lodge a complaint in writing before the Competent Authority who shall, after hearing the parties, either dismiss the complaint or pass an order on such complaint for refund of excess payment and damages for the inconvenience suffered by such user within thirty days.

Regulation - 11. Power of PMC to verify records.

An officer duly authorized by the PMC shall have the powers to verify, the collection of tolls, inspect any document, records, other information, receipts or report of the executing authority or the Concessionaire, or any document, record, receipt or report which is in possession of an official-in-charge of toll gate.

Regulation - 12. Bar for installation of additional barrier.

(a)      No barrier shall be installed at any place, other than at the toll gate, except with the prior permission in writing from the PMC who after being satisfied that there may be evasion of toll, may permit the installation of the additional barrier, on such terms and conditions as it may impose, by the executing authority or the Concessionaire, as the case may be, to check the evasion of the tolls provided that upon request from the executing authority or the Concessionaire as the case may be, for setting of such additional barriers, PMC on being satisfied about such evasion shall convey its decision, within a period of sixty days from the date of receiving the request.

(b)      PMC may review the permission so accorded, periodically, and may cause such permission to be withdrawn if it is found that the additional barrier is causing harassment to local or bona fide users.