IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 1272 OF 2019

IN THE MATTER OF:

Gyan Prakash …Petitioner

Versus
Union of India & Anr. …Respondents

INDEX

SR. PARTICULARS PAGE

NO. NO.
1. Counter Affidavit on behalf of Respondent No. 2 1-21
2. Annexure R-1
A true copy of the Gazette Notification No. S.O. 22-36
76(E) dated 20th January 2005.
3. Annexure R-2 37
A true copy of the Gazette Notification S.O. No.
3292 (E) dated 16th September 2019.
4. Annexure R-3 38
A true copy of the Gazette Notification S.O. No.
3292 (E) and S.O. No. 3293(E) dated 16th
September 2019.
5. Annexure R-4 39-44
A true copy of the Letter of the Ministry of Road
Transport and Highways dated 18th September
2019
6. Annexure R-5 45-80
A true copy of the relevant pages of the standard
EPC Contract for the National Highways.
7. Annexure R-6 81-107
 A true copy of the relevant pages of the standard
Bid Document for Operation and Maintenance
Work Contracts for the National Highways.
8. Annexure R-7 108
A true copy of NHAI’s Policy
Guidelines/Technical/delegation of Powers/ 2019
No. 1.1.29/2019 dated 5th August 2019.
9. Annexure R-8 109-119
A true copy of Minutes of Meeting dated 2nd July
2019 of Supreme Court Committee on Road
Safety.
10. Annexure R-9 120
A true copy of the Office Memorandum dated 19th
August 2019 of NHAI.
11. Annexure R-10 121-128
A true copy of Minutes of Meeting dated 2nd
August 2019 of Supreme Court Committee on
Road Safety.

THROUGH

PLACE: NEW DELHI SOURAV ROY, AOR

DATE: 09.09.2020 ADVOCATE FOR RESPONDENT
NO. 2
AOR CODE: 2898
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Engineering Procurement and Construction (EPC)

Agreement

For

Construction of National Highway Works

NOVEMBER, 2018

Ministry of Road Transport & Highways, New Delhi

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Table of Contents

Part I 1

Preliminary 1

1 Definitions and Interpretations 5

1.1 Definitions 5
1.2 Interpretation 13
1.3 Measurements and arithmetic conventions 15
1.4 Priority of agreements and errors/discrepancies 15
1.5 Joint and several liability 16

Part II 18

Scope of Project 18

2 Scope of the Project 21

2.1 Scope of the Project 21

3 Obligations of the Authority 22

3.1 Obligations of the Authority 22
3.2 Maintenance obligations prior to the Appointed Date 24
3.3 Environmental Clearances 24
3.4 Deemed Termination upon delay 24

4 Obligations of the Contractor 25

4.1 Obligations of the Contractor 25
4.2 Obligations relating to sub-contracts and any other agreements 27
4.3 Employment of foreign nationals 28
4.4 Contractor’s personnel 28
4.5 Advertisement on Project Highway 29
4.6 Contractor's care of the Works 29
4.7 Electricity, water and other services 29
4.8 Unforeseeable difficulties 29
4.9 Co-ordination of the Works 29
4.10 Environmental Measures 30
4.11 Site Data 30
4.12 Sufficiency of Contract Price 31

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4.13 Clearance of the Site 31

5 Representations and Warranties 32

5.1 Representations and warranties of the Contractor 32
5.2 Representations and warranties of the Authority 35
5.3 Disclosure 36

6 Disclaimer 37
6.1 Disclaimer 37

Part III 39

Construction and Maintenance 39

7 Performance Security 41
7.1 Performance Security 41
7.2 Extension of Performance Security and Additional Performance Security 42
7.3 Appropriation of Performance Security 42
7.4 Release of Performance Security 42
7.5 Retention Money 43

8 Right of Way 44
8.1 The Site 44
8.2 Procurement of the Site 44
8.3 Damages for delay in handing over the Site 45
8.4 Site to be free from Encumbrances 47
8.5 Protection of Site from encroachments 47
8.6 Special/ temporary Right of Way 48
8.7 Access to the Authority and the Authority’s Engineer 48
8.8 Geological and archaeological finds 48

9 Utilities and Trees 49

9.1 Existing utilities and roads 49
9.2 Shifting of obstructing utilities 49
9.3 New utilities 49
9.4 Felling of trees 50
9.5 Dismantling of structures 50
9.6 Development Period 51

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10 Design and Construction of the Project Highway 52

10.1 Obligations prior to commencement of Works 52
10.2 Design and Drawings 54
10.3 Construction of the Project Highway 56
10.4 Maintenance during Construction Period 57
10.5 Extension of time for completion 58
10.6 Incomplete Works 59
10.7 Maintenance Manual 59
10.8 As-Built Records 60
10.9 Contractor's Use of Authority’s Documents 60

11 Quality Assurance, Monitoring and Supervision 61

11.1 Quality of Materials and workmanship 61
11.2 Quality control system 61
11.3 Methodology 61
11.4 Inspection and technical audit by the Authority 62
11.5 External technical audit 62
11.6 Inspection of construction records 62
11.7 Monthly progress reports 62
11.8 Inspection 63
11.9 Samples 64
11.10 Tests 64
11.11 Examination of work before covering up 64
11.12 Rejection 65
11.13 Remedial work 65
11.14 Delays during construction 66
11.15 Quality control records and Documents 66
11.16 Video recording 66
11.17 Suspension of unsafe Construction Works 66
11.18 Staff and Labour 67

12 Completion Certificate 70
12.1 Tests on Completion 70
12.2 Completion Certificate 70
12.3 Rescheduling of Tests 71

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13 Change of Scope 72
13.1 Change of Scope 72
13.2 Procedure for Change of Scope 72
13.3 Payment for Change of Scope 74
13.4 Restrictions on Change of Scope 74
13.5 Power of the Authority to undertake Works 75

14 Maintenance 76
14.1 Maintenance obligations of the Contractor 76
14.2 Maintenance Requirements 77
14.3 Maintenance Programme 77
14.4 Safety, vehicle breakdowns and accidents 78
14.5 Lane closure 78
14.6 Reduction of payment for non-performance of Maintenance obligations 78
14.7 Authority’s right to take remedial measures 79
14.8 Restoration of loss or damage to Project Highway 79
14.9 Overriding powers of the Authority 79
14.10 Taking over Certificate 80

15 Supervision and Monitoring during Maintenance 81

15.1 Inspection by the Contractor 81
15.2 Inspection and payments 81
15.3 Tests 82
15.4 Reports of unusual occurrence 82

16 Traffic Regulation 83
16.1 Traffic regulation by the Contractor 83

17 Defects Liability 84
17.1 Defects Liability Period 84
17.2 Remedying Defects 84
17.3 Cost of remedying Defects 84
17.4 Contractor’s failure to rectify Defects 85
17.5 Extension of Defects Liability Period 85

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18 Authority’s Engineer 86
18.1 Appointment of the Authority’s Engineer 86
18.2 Duties and authority of the Authority’s Engineer 86
18.3 Delegation by the Authority’s Engineer 87
18.4 Instructions of the Authority’s Engineer 87
18.5 Determination by the Authority’s Engineer 88
18.6 Remuneration of the Authority’s Engineer 88
18.7 Termination of the Authority’s Engineer 88

Part IV 89

Financial Covenants 89

19 Payments 91
19.1 Contract Price 91
19.2 Advance Payment 91
19.3 Procedure for estimating the payment for the Works 93
19.4 Stage Payment Statement for Works 94
19.5 Stage Payment for Works 94
19.6 Monthly Maintenance Statement of the Project Highway 94
19.7 Payment for Maintenance of the Project Highway 95
19.8 Payment of Damages 95
19.9 Time of payment and interest 96
19.10 Price adjustment for the Works 96
19.11 Restrictions on price adjustment 99
19.12 Price adjustment for Maintenance of Project Highway 99
19.13 Final Payment Statement 100
19.14 Discharge 100
19.15 Final Payment Certificate 100
19.16 Final payment statement for Maintenance 101
19.17 Change in law 101
19.18 Correction of Interim Payment Certificates 102
19.19 Authority’s claims 102
19.20 Bonus for early completion 102

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20 Insurance 103
20.1 Insurance for Works and Maintenance 103
20.2 Notice to the Authority 104
20.3 Evidence of Insurance Cover 104
20.4 Remedy for failure to insure 104
20.5 Waiver of subrogation 105
20.6 Contractor’s waiver 105
20.7 Cross liabilities 105
20.8 Accident or injury to workmen 105
20.9 Insurance against accident to workmen 105
20.10 Application of insurance proceeds 106
20.11 Compliance with policy conditions 106
20.12 General Requirements of Insurance Policies 106

Part V 109

Force Majeure and Termination 109

21 Force Majeure 111

21.1 Force Majeure 111
21.2 Non-Political Event 111
21.3 Indirect Political Event 111
21.4 Political Event 112
21.5 Duty to report Force Majeure Event 112
21.6 Effect of Force Majeure Event on the Agreement 113
21.7 Termination Notice for Force Majeure Event 114
21.8 Termination Payment for Force Majeure Event 114
21.9 Dispute resolution 115
21.10 Excuse from performance of obligations 115

22 Suspension of Contractor’s Rights 116

22.1 Suspension upon Contractor Default 116
22.2 Authority to act on behalf of Contractor 116
22.3 Revocation of Suspension 116
22.4 Termination 116

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23 Termination 118
23.1 Termination for Contractor Default 118
23.2 Termination for Authority Default 120
23.3 Termination for Authority’s convenience 121
23.4 Requirements after Termination 121
23.5 Valuation of Unpaid Works 122
23.6 Termination Payment 122
23.7 Other rights and obligations of the Parties 123
23.8 Survival of rights 124
23.9 Foreclosure with mutual consent 124

Part VI 125

Other Provisions 125

24 Assignment and Charges 127

24.1 Restrictions on assignment and charges 127
24.2 Hypothecation of Materials or Plant 127

25 Liability and Indemnity 128

25.1 General indemnity 128
25.2 Indemnity by the Contractor 128
25.3 Notice and contest of claims 129
25.4 Defence of claims 129
25.5 Survival on Termination 130

26 Dispute Resolution 131

26.1 Dispute Resolution 131
26.2 Conciliation 131
26.3 Arbitration 132
26.4 Adjudication by Regulatory Authority, Tribunal or Commission 133

27 Miscellaneous 134
27.1 Governing law and jurisdiction 134
27.2 Waiver of immunity 134
27.3 Delayed payments 134
27.4 Waiver 135

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27.5 Liability for review of Documents and Drawings 135

27.6 Exclusion of implied warranties etc. 135
27.7 Survival 135
27.8 Entire Agreement 136
27.9 Severability 136
27.10 No partnership 136
27.11 Third parties 136
27.12 Successors and assigns 137
27.13 Notices 137
27.14 Language 137
27.15 Counterparts 137
27.16 Confidentiality 138
27.17 Copyright and Intellectual Property rights 138
27.18 Limitation of Liability 138
27.19 Care and Supply of Documents 139
27.20 Authority’s Use of Contractor’s Documents. 139
27.21 Contractor’s Use of Authority’s Documents 140
27.22 Access to the Site by Others 140
27.23 Term 140
27.24 Amendments 140
27.25 Representation and Bribes 140
27.26 No Agency 141

Schedules 143

Schedule-A 145

Site of the Project 145

1 The Site 145

Annex-I : Site 146
Annex-II : Dates for providing Right of Way of Construction Zone 150
Annex-III : Alignment Plans 151
Annex-IV : Environment Clearances 152

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Schedule - B 153

Development of the Project Highway 153

1. Development of the Project Highway 153

2. [Rehabilitation and augmentation] 153
3. Specifications and Standards 153
Annex-I : Description of [Two-Laning] 154

Schedule - C 166

Project Facilities 166

1. Project Facilities 166

2. Description of Project Facilities 166

Schedule - D 167

Specifications and Standards 167

1. Construction 167
2. Design Standards 167
Annex-I : Specifications and Standards for Construction 168

Schedule - E 169

Maintenance Requirements 169

1. Maintenance Requirements 169

2. Repair/rectification of Defects and deficiencies 169
3. Other Defects and deficiencies 169
4. Extension of time limit 169
5. Emergency repairs/restoration 170
6. Daily inspection by the Contractor 170
7. Pre-monsoon inspection / Post-monsoon inspection 170
8. Repairs on account of natural calamities 170
Annex-I : Repair/rectification of Defects and deficiencies 171

Schedule - F 175

Applicable Permits 175

1. Applicable Permits 175

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Schedule – G 176

Annex-I : Form of Bank Guarantee 176

Annex-II : Form for Guarantee for Advance Payment 179

Schedule - H 183

Contract Price Weightages 183

Schedule - I 210

Drawings 210

1. Drawings 210
2. Additional Drawings 210
Annex-I : List of Drawings 211

Schedule - J 212

Project Completion Schedule 212

1. Project Completion Schedule 212

2. Project Milestone-I 212
3. Project Milestone-II 212
4. Project Milestone-III 212
5. Scheduled Completion Date 212
6. Extension of time 213

Schedule - K 214

Tests on Completion 214

1. Schedule for Tests 214

2. Tests 214
3. Agency for conducting Tests 215
4. Completion Certificate 215

Schedule - L 216

Completion Certificate 216

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Schedule - M 217

Payment Reduction for Non-Compliance 217

1. Payment reduction for non-compliance with the Maintenance Requirements 217

2. Percentage reductions in lump sum payments on monthly basis 217

Schedule - N 219

Selection of Authority’s Engineer 219

1. Selection of Authority’s Engineer 219

2. Terms of Reference 219
3. Appointment of Government entity as Authority’s Engineer 219
Annex-I : Terms of Reference for Authority’s Engineer 220

Schedule - O 226

Forms of Payment Statements 226

1. Stage Payment Statement for Works 226

2. Monthly Maintenance Payment Statement 226
3. Contractor’s claim for Damages 226

Schedule - P 227

Insurance 227

1. Insurance during Construction Period 227

2. Insurance for Contractor's Defects Liability 227
3. Insurance against injury to persons and damage to property 227
4. Insurance to be in joint names 228

Schedule-Q 229

Tests on Completion of Maintenance Period 229

1. Riding Quality test: 229

2. Visual and physical test: 229

Schedule-R 230

Taking Over Certificate 230

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Article 2

2 Scope of the Project

2.1 Scope of the Project

Under this Agreement, the scope of the Project (the “Scope of the Project”) shall
mean and include:

(a) construction of the Project Highway on the Site set forth in Schedule- A and as
specified in Schedule-B together with provision of Project Facilities as
specified in Schedule-C, and in conformity with the Specifications and
Standards set forth in Schedule-D;
(b) maintenance of the Project Highway in accordance with the provisions of this
Agreement and in conformity with the requirements set forth in Schedule-E;
and
(c) performance and fulfilment of all other obligations of the Contractor in
accordance with the provisions of this Agreement and matters incidental
thereto or necessary for the performance of any or all of the obligations of the
Contractor under this Agreement.

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without prior written notice to the Authority’s Engineer. If a Party becomes aware of
an error or defect of a technical nature in the design or Drawings, that Party shall
promptly give notice to the other Party of such error or defect.

(vii) Within 90 (ninety) days of the Project Completion Date, the Contractor shall furnish
to the Authority and the Authority’s Engineer a complete set of as- built Drawings, in
2 (two) hard copies and in micro film form or in such other medium as may be
acceptable to the Authority, reflecting the Project Highway as actually designed,
engineered and constructed, including an as-built survey illustrating the layout of the
Project Highway and setback lines, if any, of the buildings and structures forming part
of Project Facilities.

10.3 Construction of the Project Highway

(i) The Contractor shall construct the Project Highway as specified in Schedule- B and
Schedule-C, and in conformity with the Specifications and Standards set forth in
Schedule-D. The Contractor shall be responsible for the correct positioning of all parts
of the Works, and shall rectify any error in the positions, levels, dimensions or
alignment of the Works. The [650th (six hundred and fiftieth) day] from the
Appointed Date shall be the scheduled completion date (the “Scheduled Completion
Date”) and the Contractor agrees and undertakes that the construction shall be
completed on or before the Scheduled Completion Date, including any extension
thereof.

(ii) The Contractor shall construct the Project Highway in accordance with the Project
Completion Schedule set forth in Schedule-J. In the event that the Contractor fails to
achieve any Project Milestone or the Scheduled Completion Date within a period of 30
(thirty) days from the date set forth in Schedule-J, unless such failure has occurred
due to Force Majeure or for reasons solely attributable to the Authority, it shall pay
Damages to the Authority of a sum calculated at the rate of 0.05% (zero point zero
five percent) of the Contract Price for delay of each day reckoned from the date
specified in Schedule –J and until such Project Milestone is achieved or the Project
Highway is completed; provided that if the period for any or all Project Milestones or
the Scheduled Completion Date is extended in accordance with the provisions of this
Agreement, the dates set forth in Schedule-J shall be deemed to be modified
accordingly and the provisions of this Agreement shall apply as if Schedule-J has been
amended as above; provided further that in the event the Project Highway is
completed within or before the Scheduled Completion Date including any Time
Extension, applicable for that work or section, the Damages paid under this Clause
10.3 (ii) shall be refunded by the Authority to the Contractor, but without any interest
thereon.

The Parties agree that for determining achievement or delays in completion of the
Project Milestones or the Project on the due date, the works affected due to delay in
providing the site for which time extension has been granted beyond the Scheduled
Completion Date will be excluded. For example on the due date to achieve the Project
Milestone-I (i.e., Stage Payments of 10% (ten percent) of Contract Price on 180th (one

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hundred and eighty) day from the Appointed Date), if 5% (five percent) of the project
length corresponding to the Project Milestone-I is not handed over or lately handed
over resulting in the extension of completion of this 5% (five percent) length beyond
Scheduled Completion Date, Stage Payment of 10% X 0.95 = 9.5% only is to be achieved
by 180th (one hundred and eighty) day.

For the avoidance of doubt, it is agreed that recovery of Damages under this Clause
10.3 (ii) shall be without prejudice to the rights of the Authority under this
Agreement including the right of Termination thereof. The Parties further agree that
Time Extension hereunder shall only be reckoned for and in respect of the affected
Works as specified in Clause 10.5 (ii).

(iii) The Authority shall notify the Contractor of its decision to impose Damages in
pursuance with the provisions of this Clause 10.3. Provided that no deduction on
account of Damages shall be effected by the Authority without notifying the
Contractor of its decision to impose the Damages, and taking into consideration the
representation, if any, made by the Contractor within 20 (twenty) days of such notice.
The Parties expressly agree that the total amount of Damages under Clause 10.3 (ii)
shall not exceed 10% (ten percent) of the Contract Price. If the damages exceed 10%
(ten percent) of the Contract Price, the Contractor shall be deemed to be in default of
this agreement having no cure and the Authority shall be entitled to terminate this
Agreement by issuing a Termination Notice in accordance with the provisions of
Clause 23.1 (ii).

(iv) In the event that the Contractor fails to achieve the Project Completion within a
period of 90 (ninety) days from the Schedule Completion Date set forth in Schedule-J,
unless such failure has occurred due to Force Majeure or for reasons solely
attributable to the Authority, the contractor shall be deemed to be ineligible for
bidding any future projects of the Authority, both as the sole party or as one of the
parties of Joint Venture/ Consortium during the period from Scheduled Completion
Date to issuance of Completion Certificate. This restriction is applicable if the contract
value of the delayed project is not less than Rs. 300 Crore.

10.4 Maintenance during Construction Period

(i) During the Construction Period, the Contractor shall maintain, at its cost, the existing
lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at
no time materially inferior as compared to their condition on Appointed Date, and
shall undertake the necessary repair and maintenance works for this purpose;
provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if
such interruption and diversion is necessary for the efficient progress of Works and
conforms to Good Industry Practice; provided further that such interruption and
diversion shall be undertaken by the Contractor only with the prior written approval
of the Authority’s Engineer which approval shall not be unreasonably withheld. For
the avoidance of doubt, it is agreed that the Contractor shall at all times be
responsible for ensuring safe operation of the Project Highway. It is further agreed
that in the event the Project includes construction of a bypass or tunnel and

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realignment of the existing carriageway, the Contractor shall maintain the existing
highway in such sections until the new Works are open to traffic.

(ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of
default by the Contractor in discharging the obligations specified in Clause 10.4 (i)
above, the Authority shall get these maintenance works completed in the manner
recommended by the Authority’s Engineer to avoid public inconvenience at the risk
and cost of the Contractor in order to keep the road in traffic worthy condition.

10.5 Extension of time for completion

(i) Without prejudice to any other provision of this Agreement for and in respect of
extension of time, the Contractor shall be entitled to extension of time in the Project
Completion Schedule (the “Time Extension”) to the extent that completion of any
Project Milestone is or will be delayed by any of the following, namely:

(a) delay in providing the Right of Way of Construction Zone, environmental

clearances or approval of railway authorities, specified in Clause 3.1 (iv);
(b) Change of Scope (unless an adjustment to the Scheduled Completion Date has
been agreed under Article 13);
(c) occurrence of a Force Majeure Event;
(d) any delay, impediment or prevention caused by or attributable to the
Authority, the Authority's personnel or the Authority's other contractors on
the Site; and
(e) any other cause or delay which entitles the Contractor to Time Extension in
accordance with the provisions of this Agreement.

(ii) The Contractor shall, no later than 15 (fifteen) business days from the occurrence of
an event or circumstance specified in Clause 10.5 (i), inform the Authority’s Engineer
by notice in writing, with a copy to the Authority, stating in reasonable detail with
supporting particulars, the event or circumstances giving rise to the claim for Time
Extension in accordance with the provisions of this Agreement. Provided that the
period of 15 (fifteen) business days shall be calculated from the date on which the
Contractor became aware, or should have become aware, of the occurrence of such an
event or circumstance.

Provided further that notwithstanding anything to the contrary contained in this

Agreement, Time Extension shall be due and applicable only for the Works which are
affected by the aforesaid events or circumstances and shall not in any manner affect
the Project Completion Schedule for and in respect of the Works which are not
affected hereunder.

(iii) On the failure of the Contractor to issue to the Authority’s Engineer a notice in
accordance with the provisions of Clause 10.5 (ii) within the time specified therein,
the Contractor shall not be entitled to any Time Extension and shall forfeit its right for
any such claims in future. For the avoidance of doubt, in the event of failure of the

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Schedule - B

(See Clause 2.1)

Development of the Project Highway

1. Development of the Project Highway

Development of the Project Highway shall include design and construction of the
Project Highway as described in this Schedule-B and in Schedule-C.

2. [Rehabilitation and augmentation]

[Rehabilitation and augmentation] shall include [Two-Laning and Strengthening] of

the Project Highway as described in Annex-I of this Schedule-B and in Schedule-C.

3. Specifications and Standards

The Project Highway shall be designed and constructed in conformity with the
Specifications and Standards specified in Annex-I of Schedule-D.

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Annex – I

(Schedule-B)

Annex-I : Description of [Two-Laning]$

[Note: Description of the Project Highway shall be given by the Authority in detail together
with explanatory drawings (where necessary) to explain the Authority’s
requirements precisely in order to avoid subsequent changes in the Scope of the
Project. The particulars that must be specified in this Schedule-B are listed below as
per the requirements of the Manual of Specifications and Standards for [Two Laning
of Highways (IRC:SP:73)], referred to as the Manual. If any standards, specifications
or details are not given in the Manual, the minimum design/construction
requirements shall be specified in this Schedule. In addition to these particulars, all
other essential project specific details, as required, should be provided in order to
define the Scope of the Project clearly and precisely.]

1. Widening of the Existing Highway

(i) The Project Highway shall follow the existing alignment unless otherwise specified by
the Authority and shown in the alignment plans specified in Annex-III of Schedule-A.
Geometric deficiencies, if any, in the existing horizontal and vertical profiles shall be
corrected as per the prescribed standards for [plain/rolling] terrain to the extent land
is available.

(ii) Width of Carriageway

(a) Two-Laning [with/without] paved shoulders shall be undertaken. The paved

carriageway shall be [7(seven) m] wide in accordance with the typical cross
sections drawings in the Manual.
Provided that in the built-up areas [refer to paragraphs 2.1 (ii) (a) of the
Manual and provide necessary details]: the width of the carriageway shall be
as specified in the following table:

Sl. Built-up stretch Location (km to Width (m) Typical cross

No. (Township) km) section (Ref. to
Manual)

(b) Except as otherwise provided in this Agreement, the width of the paved
carriageway and cross-sectional features shall conform to paragraph 1.1
above.

$ The contents of this Annex-I may be modified in accordance with the structure of the Project.

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2. Geometric Design and General Features

(i) General

Geometric design and general features of the Project Highway shall be in accordance
with Section 2 of the Manual.

(ii) Design speed

The design speed shall be the minimum design speed of [80 km per hr for plain/
rolling terrain].

(iii) Improvement of the existing road geometrics

[Refer to paragraph 2.1 (v) of the Manual and provide details]

In the following sections, where improvement of the existing road geometrics to the
prescribed standards is not possible, the existing road geometrics shall be improved
to the extent possible within the given right of way and proper road signs and safety
measures shall be provided:

Sl. No. Stretch (from km to km) Type of deficiency Remarks

(iv) Right of Way

[Refer to paragraph 2.3 of the Manual]. Details of the Right of Way are given in Annex
II of Schedule-A.

(v) Type of shoulders

[Refer to paragraph 2.5.2 of the Manual and specify]

(a) In built-up sections, footpaths/fully paved shoulders shall be provided in the

following stretches:

Sl. Stretch Fully paved shoulders/ Reference to cross

No. footpaths section
(from km to km)

(b) In open country, [paved shoulders of 1.5 m width shall be provided and
balance 1.0m width shall be covered with 150 mm thick compacted layer of
granular material].

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(c) Design and specifications of paved shoulders and granular material shall
conform to the requirements specified in paragraphs 5.9.9 and 5.9.10 of the
Manual.

(vi) Lateral and vertical clearances at underpasses

(a) Lateral and vertical clearances at underpasses and provision of

guardrails/crash barriers shall be as per paragraph 2.11 of the Manual.
(b) Lateral clearance: The width of the opening at the underpasses shall be as
follows:

Sl. Location (Chainage) Span/ opening Remarks

No. (from km to km) (m)

(vii) Lateral and vertical clearances at overpasses

(a) Lateral and vertical clearances at overpasses shall be as per paragraph 2.12 of
the Manual.
(b) Lateral clearance: The width of the opening at the overpasses shall be as
follows:

Sl. Location (Chainage) Span/ opening Remarks

No. (from km to km) (m)

(viii) Service roads

Service roads shall be constructed at the locations and for the lengths indicated below:
[Refer to paragraph 2.13 of the Manual and provide details]

Sl. Location of service Right hand side (RHS)/Left hand Length (km) of
No. road (from km to km) side (LHS)/ or Both sides service road

(ix) Grade separated structures

(a) Grade separated structures shall be provided as per paragraph 2.14 of the
Manual. The requisite particulars are given below:
[Refer to paragraphs 2.14.1 of the Manual and provide details]

Sl. Location of Length Number and Approach Remarks, if

No. structure (m) length of spans gradient any

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(m)

(b) In the case of grade separated structures, the type of structure and the level of
the Project Highway and the cross roads shall be as follows: [Refer to
paragraphs 2.14.2 of the Manual and specify the type of vehicular under pass/
overpass structure and whether the cross road is to be carried at the existing
level, raised or lowered]

Sl. Location Type of Cross road at Remarks, if

No. structure any
Length (m) Existing Raised Lowered
Level Level Level

(x) Cattle and pedestrian underpass /overpass

Cattle and pedestrian underpass/ overpass shall be constructed as follows: [Refer to

paragraphs 2.14.3 of the Manual and specify the requirements of cattle and pedestrian
underpass/ overpass]

Sl. No. Location Type of crossing

(xi) Typical cross-sections of the Project Highway

[Give typical cross-sections of the Project Highway by reference to the Manual]

3. Intersections and Grade Separators

All intersections and grade separators shall be as per Section 3 of the Manual. Existing
intersections which are deficient shall be improved to the prescribed standards.

[Refer to paragraphs 3.1.1, 3.1.2 and 3.3 of the Manual and specify the requirements.
Explain where necessary with drawings/sketches/general arrangement]

Properly designed intersections shall be provided at the locations and of the types
and features given in the tables below:

(i) At-grade intersections

Sl. No. Location of intersection Type of intersection Other features

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 67

(ii) Grade separated intersection with/without ramps

Sl. Location Salient features Minimum length of Road to be carried

No. viaduct to be over/under the
provided structures

4. Road Embankment and Cut Section

(i) Widening and improvement of the existing road embankment/cuttings and

construction of new road embankment/ cuttings shall conform to the Specifications
and Standards given in Section 4 of the Manual and the specified cross sectional
details. Deficiencies in the plan and profile of the existing road shall be corrected.

(ii) Raising of the existing road [Refer to paragraph 4.2.2 of the Manual and specify
sections to be raised]

The existing road shall be raised in the following sections:

Sl. Section Length Extent of raising [Top

No. of finished road level]
(from km to km)

5. Pavement Design

(i) Pavement design shall be carried out in accordance with Section 5 of the Manual.

(ii) Type of pavement

[Refer to paragraph 5.1 of the Manual and state specific requirement, if any, of
providing cement concrete pavement.]

(iii) Design requirements

[Refer to paragraph 5.4, 5.9 and 5.10 of the Manual and specify design requirements
and strategy]

(a) Design Period and strategy

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Flexible pavement for new pavement or for widening and strengthening of the
existing pavement shall be designed for a minimum design period of *** years.
Stage construction shall not be permitted.
(b) Design Traffic
Notwithstanding anything to the contrary contained in this Agreement or the
Manual, the Contractor shall design the pavement for a design traffic of ***
million standard axles.

(iv) Reconstruction of stretches

[Refer to paragraph 5.9.7 of the Manual and specify the stretches, if any, to be
reconstructed.]

The following stretches of the existing road shall be reconstructed. These shall be
designed as new pavement.

Sl. No. Stretch From km to km Remarks

6. Roadside Drainage

Drainage system including surface and subsurface drains for the Project Highway
shall be provided as per Section 6 of the Manual.

7. Design of Structures

(i) General

(a) All bridges, culverts and structures shall be designed and constructed in
accordance with Section 7 of the Manual and shall conform to the cross-
sectional features and other details specified therein.
(b) Width of the carriageway of new bridges and structures shall be as follows:
[Refer to paragraph 7.1 (ii) of the Manual and specify the width of carriageway
of new bridges and structures of more than 60 (sixty) metre length, if the
carriageway width is different from 7.5 (seven point five) metres in the table
below.]

Sl. No. Bridge at km Width of carriageway and

cross-sectional features*

* Attach typical cross-section, if necessary.

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(c) The following structures shall be provided with footpaths:

[Refer to paragraph 7.1 (iii) of the Manual and provide details of new
Structures with footpath.]

Sl. No. Location at km Remarks

(d) All bridges shall be high-level bridges.

[Refer to paragraph 7.1 (iv) of the Manual and state if there is any exception]
(e) The following structures shall be designed to carry utility services specified in
table below:
[Refer to paragraph 7.1 (viii) of the Manual and provide details]

Sl. No. Bridge at km Utility service to be Remarks

carried

(f) Cross-section of the new culverts and bridges at deck level for the Project
Highway shall conform to the typical cross-sections given in section 7 of the
Manual.

(ii) Culverts

(a) Overall width of all culverts shall be equal to the roadway width of the
approaches.
(b) Reconstruction of existing culverts:
The existing culverts at the following locations shall be re-constructed as new
culverts:
[Refer to paragraph 7.3 (i) of the Manual and provide details]

Sl. No. Culvert location Span/Opening (m) Remarks, if any*

*[Specify modifications, if any, required in the road level, etc.]

(c) Widening of existing culverts:
All existing culverts which are not to be reconstructed shall be widened to the
roadway width of the Project Highway as per the typical cross section given in
section 7 of the Manual. Repairs and strengthening of existing structures
where required shall be carried out.

Sl. Culvert location Type, span, height and Repairs to be

width of existing culvert carried out

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No. (m) [specify]

(d) Additional new culverts shall be constructed as per particulars given in the
table below:

Sl No. Culvert location Span/Opening (m)

(e) Repairs/replacements of railing/parapets, flooring and protection works of

the existing culverts shall be undertaken as follows:
[Refer to paragraph 7.23 of the Manual and provide details]

Sl. No. Location at km Type of repair required

(f) Floor protection works shall be as specified in the relevant IRC Codes and
Specifications.

(iii) Bridges

(a) Existing bridges to be re- constructed/widened

[(i) The existing bridges at the following locations shall be re-constructed

as new Structures]
[Refer to paragraph 7.3.2 of the Manual and provide details]

Adequacy or otherwise
Sl. Bridge location Salient details of of the existing
Remarks
No. (km) existing bridge waterway, vertical
clearance, etc*

*Attach GAD
(ii) The following narrow bridges shall be widened:

Sl. Existing Extent of Cross-section at deck

Location (km)
No. width (m) widening (m) level for widening @

@ Attach cross-section

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(b) Additional new bridges

[Specify additional new bridges if required, and attach GAD]
New bridges at the following locations on the Project Highway shall be
constructed. GADs for the new bridges are attached in the drawings folder.

Sl. No. Location (km) Total length (m) Remarks, if any

(c) The railings of existing bridges shall be replaced by crash barriers at the
following locations:
[Refer to paragraph 7.18 (iv) the Manual and provide details:]

Sl. No. Location at km Remarks

(d) Repairs/replacements of railing/parapets of the existing bridges shall be

undertaken as follows:
[Refer to paragraph 7.18 (v) the Manual and provide details]

Sl. No. Location at km Remarks

(e) Drainage system for bridge decks

An effective drainage system for bridge decks shall be provided as specified in
paragraph 7.21 of the Manual
(f) Structures in marine environment
[Refer to paragraph 7.22 of the Manual and specify the necessary measures /
treatments for protecting structures in marine environment, where
applicable]

(iv) Rail-road bridges

(a) Design, construction and detailing of ROB/RUB shall be as specified in section

7 of the Manual. [Refer to paragraph 7.19 of the Manual and specify
modification, if any]
(b) Road over-bridges
Road over-bridges (road over rail) shall be provided at the following level
crossings, as per GAD drawings attached:

Sl. Location of Level crossing (Chainage km) Length of bridge (m)

No.

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Sl. Location of Level crossing (Chainage km) Length of bridge (m)

No.

(c) Road under-bridges

Road under-bridges (road under railway line) shall be provided at the
following level crossings, as per GAD drawings attached:

Sl. Location of Level crossing (Chainage Number and length of

No. km) span (m)

(v) Grade separated structures

[Refer to paragraph 7.20 of the Manual]

The grade separated structures shall be provided at the locations and of the type and
length specified in paragraphs 2.9 and 3 of this Annex-I.

(vi) Repairs and strengthening of bridges and structures

[Refer to paragraph 7.23 of the Manual and provide details]

The existing bridges and structures to be repaired/strengthened, and the nature and
extent of repairs /strengthening required are given below:

(a) Bridges

Sl. Location of bridge (km) Nature and extent of repairs /strengthening

No. to be carried out

(b) ROB / RUB

Sl. Location of Nature and extent of repairs /strengthening to be

No. ROB/RUB (km) carried out

(c) Overpasses/Underpasses and other structures

Sl. Location of Nature and extent of repairs /strengthening to be

No. Structure (km) carried out

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(vii) List of Major Bridges and Structures

The following is the list of the Major Bridges and Structures:

Sl. No. Location

8. Traffic Control Devices and Road Safety Works

(i) Traffic control devices and road safety works shall be provided in accordance with
Section 9 of the Manual.

(ii) Specifications of the reflective sheeting. [Refer to paragraph 9.3 of the Manual and
specify]

9. Roadside Furniture

(i) Roadside furniture shall be provided in accordance with the provisions of Section 11
of the Manual.

(ii) Overhead traffic signs: location and size

[Refer to paragraph 11.5 of the Manual and provide details]

10. Compulsory Afforestation

[Refer to paragraph 12.1 of the Manual and specify the number of trees which are
required to be planted by the Contractor as compensatory afforestation.]

11. Hazardous Locations

The safety barriers shall also be provided at the following hazardous locations:

Sl. No. Location stretch from (km) to (km) LHS/RHS

12. Special Requirement for Hill Roads

[Refer to paragraphs 14.5 and 14.8 of the Manual and provide details where relevant
and required.]

13. Change of Scope

The length of Structures and bridges specified hereinabove shall be treated as an

approximate assessment. The actual lengths as required on the basis of detailed
investigations shall be determined by the Contractor in accordance with the
Specifications and Standards. Any variations in the lengths specified in this Schedule-

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B shall not constitute a Change of Scope, save and except any variations in the length
arising out of a Change of Scope expressly undertaken in accordance with the
provisions of Article 13.

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Schedule - C

(See Clause 2.1)

Project Facilities

1. Project Facilities

The Contractor shall construct the Project Facilities in accordance with the provisions
of this Agreement. Such Project Facilities shall include:

(a) toll plaza[s];

(b) roadside furniture;
(c) pedestrian facilities;
(d) tree plantation;
(e) truck lay-byes;
(f) bus-bays and bus shelters;
(g) rest areas; and
(h) others to be specified

2. Description of Project Facilities

Each of the Project Facilities is described below:

Sl. Project Facility Location Design Other essential

No. Requirements details

Note: Provide adequate details of each Project Facility to ensure their design and
completion in accordance with the project-specific requirements and the provisions
of the Manual.

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Annex – I

(Schedule-E)

Annex-I : Repair/rectification of Defects and deficiencies

The Contractor shall repair and rectify the Defects and deficiencies specified in this Annex-I
of Schedule-E within the time limit set forth in the table below.

Nature of Defect or deficiency Time limit for repair/ rectification

ROADS

(a) Carriageway and paved shoulders

(i) Breach or blockade Temporary restoration of traffic

within 24 hours; permanent
restoration within 15 (fifteen) days

(ii) Roughness value exceeding 2,200 mm in a 120 (one hundred and twenty) days
stretch of 1 km (as measured by a
calibrated bump integrator)

(iii) Pot holes 24 (twenty four) hours

(iv) Any cracks in road surface 15 (fifteen) days

(v) Any depressions, rutting 30 (thirty) days

exceeding 10 mm in road surface

(vi) Bleeding/skidding 7 (seven) days

(vii) Any other defect/distress on the road 15 (fifteen) days

(viii) Damage to pavement edges 15 (fifteen) days

(ix) Removal of debris, dead animals 6 (six) hours

(b) Granular earth shoulders, side slopes, drains and culverts

(i) Variation by more than 1 % in the 7 (seven) days

prescribed slope of camber/cross fall (shall
not be less than the camber on the main
carriageway)

(ii) Edge drop at shoulders exceeding 40 mm 7 (seven) days

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Nature of Defect or deficiency Time limit for repair/ rectification

(iii) Variation by more than 15% in the 30 (thirty) days

prescribed side (embankment) slopes

(iv) Rain cuts/gullies in slope 7 (seven) days

(v) Damage to or silting of culverts and side 7 (seven) days

drains

(vi) Desilting of drains in urban/semi- urban 24 (twenty four) hours

areas

(vii) Railing, parapets, crash barriers 7 (seven) days (Restore immediately

if causing safety hazard)

(c) Road side furniture including road sign and pavement marking

(i) Damage to shape or position, poor visibility 48 (forty eight) hours

or loss of retro- reflectivity

(ii) Painting of km stone, railing, parapets, As and when required/ Once every
crash barriers year

(iii) Damaged/missing signs road requiring 7 (seven) days

replacement

(iv) Damage to road mark ups 7 (seven) days

(d) Road lighting

(i) Any major failure of the system 24 (twenty four) hours

(ii) Faults and minor failures 8 (eight) hours

(e) Trees and plantation

(i) Obstruction in a minimum head- room of 5 24 (twenty four)hours

m above carriageway or obstruction in
visibility of road signs

(ii) Removal of fallen trees from carriageway 4 (four) hours

(iii) Deterioration in health of trees and bushes Timely watering and treatment

(iv) Trees and bushes requiring 30 (thirty) days

replacement

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Nature of Defect or deficiency Time limit for repair/ rectification

(v) Removal of vegetation affecting sight line 15 (fifteen) days

and road structures

(f) Rest area

(i) Cleaning of toilets Every 4 (four) hours

(ii) Defects in electrical, water and sanitary 24 (twenty four) hours

installations

(g) [Toll Plaza]

(h) Other Project Facilities and

Approach roads

(i) Damage in approach roads, pedestrian 15 (fifteen) days

facilities, truck lay- byes, bus-bays, bus-
shelters, cattle crossings, [Traffic Aid Posts,
Medical Aid Posts] and service roads

(ii) Damaged vehicles or debris on the road 4 (four) hours

(iii) Malfunctioning of the mobile crane 4 (four) hours

Bridges

(a) Superstructure

(i) Any damage, cracks, spalling/ scaling

Temporary measures within 48 (forty eight) hours
Permanent measures within 15 (fifteen) days or as
specified by the Authority’s
Engineer

(b) Foundations

(i) Scouring and/or cavitation 15 (fifteen) days

(c) Piers, abutments, return walls and wing walls

(i) Cracks and damages including settlement 30 (thirty) days

and tilting, spalling, scaling

(d) Bearings (metallic) of bridges

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Nature of Defect or deficiency Time limit for repair/ rectification

(i) Deformation, damages, tilting or shifting of 15 (fifteen) days Greasing of

bearings metallic bearings once in a year

(e) Joints

(i) Malfunctioning of joints 15 (fifteen) days

(f) Other items

(i) Deforming of pads in elastomeric bearings 7 (seven) days

(ii) Gathering of dirt in bearings and joints; or 3 (three) days

clogging of spouts, weep holes and vent-
holes

(iii) Damage or deterioration in kerbs, parapets, 3 (three) days (immediately within

handrails and crash barriers 24 hours if posing danger to safety)

(iv) Rain-cuts or erosion of banks of the side 7 (seven) days

slopes of approaches

(v) Damage to wearing coat 15 (fifteen) days

(vi) Damage or deterioration in approach slabs, 30 (thirty) days

pitching, apron, toes, floor or guide bunds

(vii) Growth of vegetation affecting the structure 15 (fifteen) days

or obstructing the waterway

(g) Hill Roads

(i) Damage to retaining wall/breast wall 7 (seven) days

(ii) Landslides requiring clearance 12 (twelve) hours

(iii) Snow requiring clearance 24 (twenty four) hours

[Note: Where necessary, the Authority may modify the time limit for repair/rectification, or
add to the nature of Defect or deficiency before issuing the bidding document, with
the approval of the competent authority.]

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Minutes of the meeting held on 02nd July. 2019 by the Supreme Court Committee
on Road Safety with MoRTH and NHAI on implementation of the road safety
measures in India

The Supreme Court Committee on Road Safety held a meeting on oa=

July, 2019
with MoRTH and NHAI to discuss the implementation of road safety measures in the
country. The following were present:

Supreme Court Committee on Road Safety:

(i) Justice (Retd) KS Radhakrishnan: Chairman

Member
(ii) Sh. S Sundar:
(iii) Dr (Mrs) Nishi Mittal: Member
Secretary
(iv)Sh. SO Banga:
(v) Sh. SS Ahluwalia: Consultant

MoRTH:

(i) Shri Sanjeev Ranjan Secretary

Jt. Secretary, (T)
(ii) Shri Abhay Oamle
Advisor, TRW
(iii) Ms. Babni Lal
(iv) Shri Ramandeep Chowdhary OS, Road Safety
(v) Shri Sanjeev Kumar Chief Engineer
(vi) Shri Varun Aggarwal SE
Technical Consultant
(vii) Shri SK Mishra

NHAI:

(i) Shri NN Sinha Chairman

(ii) Shri HM Naqvi CGM (T)
TL, RSE (Road Safety Cell)
(iii) Shri PK Sikdar
RSE (Road Safety Cell)
(iv) Shri Amol R Patil

2. The Chairman welcomed the participants and explained them of the purpose of
the meeting. The following issues were taken up for discussions:
 111

Gist of discussions/Directions
S.N. Issues
The Committee expressed its unhappiness on the
(i) Rising trend of fatalities
on the National Highways rising trend of fatalities on the National Highways,
both vested in NHAI and managed by the States
and strategies to reduce
as agents of the MoRTH. The Committee pointed
fatalities.
out that there was an increase of 11.6% in
fatalities on National Highways during the period
2014 to 2017 as compared to 5.9% increase in the
country during the same period. The Committee
pointed out that the rate of increase in the fatalities
on the State Highways and MDRs also is much
less. Secretary, MoRTH attributed this increase to
the widening of the National Highways and
increase of its length. He explained that the
Ministry has taken, among others, the following
measuresto promote road safety:

(a) Provision for installation of 2 Air bags

in the front seats and seat belt alert
has been made mandatory in the
passengercars
(b) Alarm system in the cars has been
introduced from 1st July, 2019. The
alarm will start beeping intermittently if
the speed exceeds 80 km and will
beep continuously if the speed
exceeds 120 km.
(c) Parked vehicles on the National
Highways are being removed to
facilitate smooth movement of the
vehicles.
(d) As a part of Highways Development
Plan, traffic calming measures are
being taken on lower hierarchy roads
just before they merge with NHs. This
will be completed in about 3 months'
time as a part of the campaign.
(e) Construction of ROBs (Road Over
 112

Bridge) is an integral part of

development. 208 locations were
identified on NHs for constructing
Railway ROBs and RUBs. Out of
these, 90 have already been
sanctioned and work for 60 has since
been awarded.
(f) VUPs (Vehicle Under Pass) are
provided on NHs wherever there is
inhabitation. Views of the local people
are also obtained for deciding its
location.
(g) Road designs are also being
standardised.

The Committee desired that these measures

should be expedited. The Committee also wanted
the MoRTH/NHAI to analyze the accidents on
vulnerable sections and take measures to reduce
the vulnerability of the National Highways.

The Committee enquired about the statutory

(ii) District Road Safety
~ommittee (DRSC) DRSCs and the DRSCs being constituted under
the chairmanship of local MP as per the MoRTH
notification dated 28th September, 2017. The
MoRTH stated that these are 2 separate
Committees and do not substitute each other. The
reason behind constituting DRSC under the
chairmanship of local MP is to draw attention of
political decision makers towards road safety,
while the DRSC chaired by the Collector is set up
under Section 215(3) of MV Act, 1988. As there is
a confusion in many States on this, the Committee
desired that the position may be clarified to all
States/UTs. The Committee also stated that to
avoid confusion, DRSC under the chairmanship of
an MP should be given a different name.

(iii) Technical qualification of The Committee pointed out that Section 213 (4) of
the Transport Officers in MV Act, 1988 requires the Central Govt. to
 113

prescribe technical qualification of the officers

States/UTs
posted in the Motor Vehicle Department of the
States. The MoRTH stated that they have already
prescribed the technical qualification at lower
management level viz. MV Inspectors. Diploma is
the minimum qualification for them. At middle
management level, there is no direct entry and
therefore there is no requirement for prescribing
technical qualification for them. They also stated
that Central Institute of Road Transport, Pune
imparts training to the State Transport Officers
from time to time.
The Committee said that it is importantthat officers
at the middle management level like ARTOs and
RTOs should have technical qualifications and the
approach suggested by the MoRTH will take a
long time to make this happen. The Committee
requested the Secretary, MoRTH to examine this
matter in greater detail.

The Committee pointed out that Section 135 of MV

(iv Scheme for Crash
Inv-astigation Act, 1988, inter-alia provides that the States may
frame a Scheme for in-depth study on causes and
analysis of motor vehicle accidents. However, no
State has so far prepared such a scheme. The
MoRTH stated that under the new MV
(Amendment) Bill to be introduced in the
Parliament shortly, the Central Govt. has been
given powers to frame such a scheme and will be
framing a model scheme for the States to adopt.
The Committee desired that besides crash
investigation, Schemes should also be framed for
wayside amenities on highways, traffic aid posts
on highways and truck parking complexes along
highways, as mandated in Section 135 of MV Act,
1988.

(v) Affixing reflective tapes The Committee enquired about the status of
on commercial vehicles affixing reflective tapes on commercial vehicles.
The MoRTH informed that they have already
 114

issued notification on t'iO November, 2018

prescribing that the commercial vehicles shall be
affixed with reflective tapes at front and rear as
specified under Rule 104 of CMV Rules 1989.

The Committee pointed out that Rule 124(1A) of

(vi Effective implementation
of rear under-run Central Motor Vehicle Rules, 1989 provides for
protecting device under-run protecting device in HMVs as per IS:
14812-2004. Violation of this requirement is
punishable under Section 190 (2) of MV Act.
However, a number of HMVs are running without
under-run protecting device which is meant to
guard vehicles in case of collision/accidents and
can greatly reduce fatalities and serious injuries.
The MoRTH stated that they have issued advisory
on 1st July, 2019 to all States/UTsto strictly comply
with the mandatory regulation for rear and lateral
sideunder-runprotectingdevices in HMVs.

The Committee pointed out that many NGOs have

(vii Status of implementation
reported that there is lack of awareness in general
of Supreme Court
public, police and medical professionals about
Judgement on protection
provisions contained in the guidelines for
of Good Samaritans
protection of Good Samaritans. The MoRTH
informed that new MV (Amendment)Bill contains a
provision for protection of Good Samaritans. It also
provides for imposing penalty of Rs 10,000/- for
not giving way to Ambulance. The Committee,
however, stated that more awareness is required
on the protection of Good Samaritans and asked
the MoRTH to work in this direction in tandem with
the Ministry of Health and FW.

(a) The Committee asked the MoRTH of the

(vii Helmet issues
action taken by them for bringing
protective helmets for two wheeler riders
under compulsory certification. The
MoRTH stated that they had taken up
the issue with the Bureau of Indian
Standard (BIS) for revision in the QRs
 115

(Qualitative Requirements) for helmets.

The BIS has since agreed to the same
and the Ministry will soon issue the
Helmets (Quality Control) Order. With
this, the helmets would be included in
the BIS Mandatory list and the States
would be able to ban the substandard
helmets.
(b) The Committee pointed out that the GST
on helmet is 18% at present. Since this
is not a luxury item but a necessity, GST
should be reduced on it. The MoRTH
informed that the Ministry has already
written to the Ministry of finance (Deptt.
of Revenue) for the reduction. The
Committee desired that further status on
this may be communicatedto it.

(ix Establishment of a In the Presentation made to the Committee on 1st

Centre of Excellence in July, 2019, Asian Institute of Transport
road safety research and Development (AlTO) claimed that all the
education infrastructures and facilities necessary for the
National Centre for Road Safety are available with
it and it should be declared as a National Centre
for Road Safety. The Committee said that it was
anxious that Centres for Excellence in road safety
research and education should be set up
expeditiously and appropriate agency should be
established to co-ordinate this work. The
Committee desired MoRTH to declare a suitable
agency as a National Centre for Road Safety to
coordinate research and education in this area.

of The Committee pointed out that many accidents

(x) Establishment
Highway Patrolling on on NHs occur due to parked vehicles, trees or
National Highways other fixed objects and said that enforcement is
requiredto be increased.The NHAI stated that:

(a) Enforcement/patrollingof traffic laws on

NHs is a State subject and does not fall
within their purview. However, as per
 116

concession agreement, concessionaires

have provided highway patrolling
vehicles to check the road conditions &
assist in diverting the flow of traffic
during repair and maintenance works.
These vehicles are also used to provide
assistance in case of emergency. These
are stationed near the NHAI toll plazas.
(b) However, NHAI is doing incident
management with the following on-road
units:
Ambulances:466
Patrol Vehicles: 509
Tow-away Cranes:443

(c) NHAI also proposes to deploy 203

highways surveillance vehicles and 203
ambulances in the North-South and
East-West corridors of NHs. Tenders for
the same have already been invited.
(d) In addition, special emphasis is being
given to provide bus and truck lay-bys
as rest areas at regular intervals.
The Committee said that patrol and surveillance
vehicles should be used not only as first responder
but also to prevent over speeding and other traffic
violations. NHAII MoRTH as the owners of
National Highways, should give every possible
assistance to the States and take all necessary
measures to reduce the fatalities on National
Highways.

(xi Action taken by NHAI on The Committee pointed out that at the instance of
the recommendations of the Committee, DIMTS had completed audit of 8
DIMTS Team on the audit States viz. Haryana, Punjab, Rajasthan, UP,
conducted in 8 States Gujarat, Maharashtra, Karnataka and Kerala and
submitted its recommendations. The
recommendations concerning National Highways
mainly relate to: black spots, pedestrian crossing,
traffic calming measures, road signs and markings,
parking facilities, bus bays & truck bays,
 117

dangerous hoardings, road safety audits etc.

These recommendations were forwarded to the
NHAI for taking remedial action. The NHAI stated
that they have compiled the action taken on the
audited stretches in respect of all 8 States which
will be forwarded to the Committee shortly.
However,the Committee pointed out that the audit
in the States were taken up on a sample basis and
the recommendations made by the Audit Team
need to be implemented all over the State. The
NHAI stated that action would be completed in the
next one month and a consolidated report would
be submitted to the Committee accordingly.

(xii Development of way-side The NHAI stated that:

amenities on NHs
(a) They are developing wayside amenities
under brand names: Highway Village,
Highway Nest & Highway Nest (Mini)
along the National Highways entrusted
to NHAI.
(b) More than 400 Highway Nest (Mini)
have been constructedtill date.
(c) 9 Co-brandingAgreements for setting up
Highway Nest facility have been signed
with private land owners.
(d) 3 agreements have been signed for
HighwayVillage sites.

(xii Identification of Black NHAI informed that there are 506 MoRTH
National identified blackspots based on accidents from
Spots on
and their 2011 to 2014 in the NH network under NHAI.
Highways
Short-term remedial measures have been taken at
rectification
all blackspots. 250 black spots have been rectified
through long-term measures, 203 are under civil
works execution stage, 31 are under bidding stage
while remaining 22 blackspots are under DPR
stage. The Committee asked NHAI to adhere to
the protocol framed by MoRTH for identification
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and rectification of black spots on year to year

basis. Monitoring of the rectified black spots
should also be done at regular intervals. Similar
action may be taken by MoRTH on the NHs being
managed by them.

(xi Audit of National

The NHAI stated that it is mandatory to carry out
Highways
road safety audit of all highway projects at all
stages i.e. design, construction, operation and
maintenance stages. The road safety audit is
carried out as per the applicable standards laid
down by the IRC. The ROs & PDs of NHAI ensure
compliance of the findings of the road safety audit
on priority basis. As on March, 2019, road safety
audit has been completed in NH length of about
26811 Km under NHAI of which the audit findings
have been complied in 18241 Km. The Committee
was unhappy at the slow progress of completion of
audit on NHs and the implementation of the audit
findings and said that these should be completed
in a time bound manner.

(xv Installation of crash The Committee stated that in recent days, many
barriers in hilly terrain
and their maintenance vehicles have fallen into gorges in hilly areas
resulting in large number of fatalities and observed
that these accidents are occurring mainly due to
weak or non-provisionof crash barriers. The NHAI
stated that in case the crash barrier is reported to
be missing, it is replaced in 3 days at normal sites
and within 24 hours at dangerous sites. The
Committeedirected the NHAI to inspect all existing
barriers on hilly roads, near water bodies and
othervulnerable locations to identify that required
barriers, in number and quality, exist and set
targets for installation of new barriers, wherever
required and for replacementof barriers which are
not as per the IRC standards. Periodic
maintenance of the barriers should be carried out
to ensure that they remain compliant with IRC
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standards.

(X" Inspection and

The Committee directed NHAl/MoRTH to check all
maintenance of bridges the bridges to see whether they are safe; draft an
on NHs annual program for repairing/replacing the
distressed bridges and indicate the time within
which all such bridges will be made to conform to
IRC standards.

.(xvii) R&D studies on road The Committee enquired from the MoRTH as to
safety the quantum of amount spent on R&D out of the
total amount earmarked for road safety. The
MoRTH stated that they will forward this
informationto the Committeeshortly.

3. Following the meeting, the Committee directed that the observations indicated
above should be complied with by the MoRTH and NHAI and a comprehensive
compliance report be sent to the Committee latest by 30th September, 2019. The
Committee also directed the MoRTH to forward to it copies of notifications pertaining to
road safety as soon as these are issued by the MoRTH.

4. The meeting ended with a vote of thanks to the Chair.

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