GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) 2010/CE-V/MISC./NH/4.Ptlll Dated 07.06.2011 11, Garden Reach, Kolkata-700043 Sub: Charges applicable in case of ROB/RUB of new Railway lines crossing National Highway (NH) under NHAI jurisdiction. Ref: (i) NHAI Policy Matter (Tech.71/2010) (ii) Railway Boards leter No. 98/CE-I/Mise. (14) BRO/O1.11.10. (ii) CAOIC/SER Letter no. PD/W/ROB/ dated 24.05.2011 (iv) CAO/C/ECOR letter no. CE/Con/II/BBS/RB/ROB/RUB dt 22.02.2011 Railway has approached NHAI to withdraw NHAI Policy Circular No. Tech.71 / 2010 dated 04.01. In this regard, NHAI have informed that charges are in reciprocal manner, ice. as being charged by Railway to NHAI. With respect to maintenance charges on Railway Bridge, they have clarified that in terms of Para-12 of the Policy, Railway should maintain their Railway Bridge across NH or; their own, for which only 3.125% cost of civil works required for maintenance of Railway Bridge shall be payable by Railways. In view of the fact that charges are on reciprocal basis, Railway should do needful for obtaining approval of ROB/RUB across NH under NHAI in accordance with NHAI Policy. Matter (Tech.71/2010) and clarification issued vide NHAI letter no, NHAVCGM-ROB/Rly Board/2010 (pt.) dated 29.04.2011 (¢opy enclosed) This disposes of the letter of CAO/G SER & ECOR on this subject. DA: Asabove. (AK. Gupta) 7/6] 201 | Additional Member Civil Engineering Copy for similar action by, (i) The Chief Administrative Officer , Cone., All Zonal Railways (ii) The Principal Chief Engineers, All Zonal RailwaysSTAT TAT STAT TPT TOT rr me sp aserennaserato (ere afta she tomer rete | Bra irax 91s1-2s0essor + 2s08sst4 National Highways Authority of India" & 28/2") #8) 3 (Ministry of Road Transport and Highways) ‘W-5 Ua 6, Heee-10, erew, AE Re 110075 (5 4.6, Soctor-10, Dnata, New Delh-110075 NoNHAV/CGM-ROB/Rly Board/2010 (pt). April 19, 2011 The Chairman, Ministry of Railways (Railway Board), Rail Bhawan, New Delhi. ‘Sub: Charges applicable for construction of ROB/RUB of new Railway lines while crossing National Highway under NHAI. With reference to Railways letter No.2010/CE-V/Misc/NH/4 pt.-lII dtd.05.04.11 in reference to NHAI’s Policy Circular No.Tech 71/2010 dtd.04.01.11 issued regarding grant of permission for construction of ROBs/RUBs by Railways for a new Railway lines across the existing NH link mandated to NHAI. The Railway while making following observations, have requested to review the Policy Circular dtd.04.01.11 by the MoRT&H and till then Railway is not taking into cognizance of NHAI's Policy Circular dtd.04.01.11: «Railways have the organization, resources and technical capability to construct & maintain Railway bridges. It will not be appropriate to permit any other organization to do the same due to safety of Railway passengers and goods. + There is no need for Ministry $f Raitways/Govt, of India to indemnify against any damages. © The policy of NHAI is not isswed/ratified by the Ministry of Road Transport & Highways. ‘© It is not out of place to mention that Railways have suitably relaxed the various leviable charges to ROB/RUB works in view of being road safety works and simplified the procedure of various approvals required in connection with ROB across railway track. The same has ‘been done with due discussion with the NHAI. However, before issue of NHAI’s Policy Circular dtd.04.01.11, the subject matter has not been discussed with Railways, 2. The para-wise reply to the Railway's aforesaid observations are as under: Although the Way Leave Facility (WLFYROB/RUB within the NH ROW categorized to be “Deposit Work”, however, ir] case of civil work is executed bythe Applicant NHAI shall carry out construction supervision by engaging competent construction supervision consultant at the prescribed cost @3.125 payable by the Applicant. As such, Railways is ‘well within their prerogative to carry out the ROB/RUB work on their own for which supervision charges @3.125 {reciprocal to the Railways norms) have since been prescribed towards engaging competent construction supervision consultant (Ref. Para-I2 of the NHAI Policy Circular No. 71/2010 dtd.04.01.11) ii, Since NHAT Act, 1988 provides for the Development, Maintenance & Management of the NHs entrusted to NHAI (Section-16) and in doing so, NHAT is to act on Business Principles (Gection-10), therefore, the Applicant need to indemnify NHAV/BOT operator for any damages caused due to proposed crossing in consonance to the Railway’s Standard Agreement format (Ref. Para-13 of the NHAI Policy Circular No. 71/2010 dtd.04.01.11 read ‘with Para-12 of Standard Agreement Format). It may further be mentioned that in such cases Railway is to bear the entire cost of ROB/RUB including the expenses of maintaining the work in terms of the provision made under Section-19 of Railways Act, 1989, Mow-2- iii. Within the mandate of the Govt. to NHAL under NHAI Act [Sub-sections 16(d) & 16 (i), to regulate and control the Flying of vehicles on the highways vested in, or entrusted to, it for proper management thereof, NHAI can advise the Central Govt. on matters related to highways. As such, in NHAI Policy Circular No. 71/2010 dtd.04.01.11, nothing beyond the mandate for development, maintenance and management to regulate and control (smooth & safe movement of traffic in fulfillment of the commitment towards BOT concessionaire, if any) iv. The rates to be levied for WLF/Easement rights on NH land and processing fee has been proposed on reciprocal basis being levied as per extant norms of the Railways. 3. In view of above, there is no need to get reviewed/rectify the NHAI's Policy Circular ‘No.71/2010 dtd.04.01.11 by the MoRT&H, being within the delegated mandate of NHAI. 4, This issues with the approval of the Chairman, NHAI. |. NHAI’s Policy Circular No. 71/2010 dt.04.01.11 Enel, 's Policy Ci 0. oe 5(44I Chief General Manager (ROB) Tel: 011-25093508 Fax: 011-25074100 (Ex. 2435) Exmail:ssnahar@nhal ore Copy to: A The Executive Director, Civil Engg. (B&S)II, Min, of Railways (Railway Board), Room No. 140A, Rail Bhawan, New Delhi. Fax no. 011-23383660 (mail ~ afunirse@hotmail.com)anette asta ct STRTEOT — gomimee sane (are fees, ew afer ste oar Hoare) Serax: 9111252807 / 28009814 National Highways Authority of India /®" 22/2/71 =s (Ministry of Shipping, Road Transport and Highways), HS WH 6, Haze-10, area, AE Femi-110 075 G-5 8 6, Sector-10, Dwarka, New Deihi-110075 No. 11041/218/2007-Admn, January 4, 2011 POLICY MATER ~ Technical (71/2010) (Decision taken on ROB D\vision File No NHAUCGM-ROB/Rly Board/201 0) Sub: Grant of Permission for construction of: i. ROBs/ RUBs by Railways and Flyover/Under pass/Foot over bridge/canal crossing proposed by State Govt. Agencies across National Highways -Policy Guidelines thereof, ‘The Policy Guidelines regarding grant of permission for the construction of ROBs / RUBs proposed by Railways for a new rail corridor OR construction of flyovers / underpasses! foot bridges etc. proposed by State /Central Govt. Agencles/Public Sector across the existing NH link constituting way leave facility or crossing structure (WLF or CS) have been prepared in confirmation to the extant Rly Policy Guidelines in this regard and finclized with the approval of Competent Authority and placed at Annex-L 2. The “Standard Agreement Format” required to be executed with the Railways or the concerned State /Central Govt. Agencies/Public Sector is also placed at Annex-IT. ‘cs ar) Chief General Manager (ROB) 3, These policy guidelines will be effective from the date of issue of this letter. 4, This issues with the concurrence pf Finance Div. of NHAL 1. All MembersiCVO/CGMs at HQ. 2. All EDs/ ROSPDs of PIUSCMUs/SPYs 3. All GMs/DGMs/Managers at HQ. 4. Hindi Officer/Library, Copy for information to PS to Chairman Copy to: Executive Director, Civil Engg, (B&S)-I, Ministry of Railways (Railway Board), Rail Bhawan, New Delhi Page |ANNEX <1 No. 11041/218/2007-Admn. January 4,2011 POLICY MATER - Technical (71/2010) (Decision taken on ROB Division File No NHAV/CGM-ROB/Rly Board/2010) Sub: Grant of Permission for construction of: i. ROBs/ RUBs by Railways and ii, Flyover/Under pass/Foot over bridge/canal crossing proposed by State Govt. Agencies across National Highways - Policy Guidelines thereof. . ‘The Policy regarding grant of Petmission for the construction of either ROB/RUB, by Railways OR Flyovers/underpasses/canal crossing etc. proposed by State/Central Govt. Agencies/Public sectors across existing National Highways-Toll Roads or otherwise (hereinafter called the “way leave facilities” or “crossing structures”) needs to be laid Hown by NHAI, so as to have uniform approach for processing of such requests received from time to time involving NH Land. During the operation and maintenance of a given NH Link (Toll rosd or otherwise) the need for such requests may arise due to following circumstances: (a) Provision of a new rail corridos requiring ROB/RUB across the existing NH. (b) Provision of new State Road link crossing the existing NH Link; (©) Remodeling of State Irrigation’ water supply System involving construction of new canal/ pipe crossing across the existing NH Link; (@) Severance caused due to provision of a new bypass / Ring road alignment by State Govt agencies, (©) For any other public cause |(s) concerning to State Govt. agencies / Riys / Ministry of ‘Communication / Public sector, The following policy guidelines 4s laid down to be followed for grinting of permission for such WLF or CS: The concemed project CGM shall insure at the time of preparation of DPR’ FSR for capacity augmentation of NH project bf the Technical Consultants engaged by the NHAI, provisicin of such necessary Crossings (ROB/RUB/ Flyover/canal crossing etc.) are included in the scope of work Keeping in view the safety of public|et large during post-construction phase The Scope of work of such ‘Crossings’ are generally considered as part of the upgradation project and therefore cost of the same is borne by NHAL Since Railway authorities are separately allocated 124% of Cess Revenue out of CRF towards Railway safety works which primarily is utilized by Railways for the replacement of existing Railway Level X-ings all possible efforts therefore shall be made for inclusion in the Railway programme of such replacement of existing Railway Level X-ings which fall on the alignment finalized during : Page 2‘upgradation of a given NH link else NHAI shall bear the cost of replacement of such existing Level X-ings. In case a new rail corridor is introduced which requires construction of few crossing over/under the existing NH Link, the cost of all slich crossings (ROBY/RUBs) shall be bore by the Railway authorities, This include relocation of any utilities affected by the new rail corridor. In case of any new Flyover/underpass meant for the crossing of State Road link /canal etc, over/under the existing NH Link, the grant of permission for way leave facility to be accorded by NHAI provided the concerned State / Central Govt. Agencies / Public sectors foot the bill for entire scope of work involved and to be carried out as deposit work preferably. By its very definition, way leave facilities on NH land involves occasional or limited use of NH land ‘upon the party any right ‘of possession or occupation of the larid and without any way affecting the NH Land title, possession, control and use of NH land. bya party for a specified purpose like crossings structures without conferrit No NH Land shall be sold or transferred by NHAI to any agency seeking way leave facility. In genuine and unavoidable cases involving public cause (5), way leave facility may be allowed after execution of agreement with spe | mentioned for revision of charges time to time. It may be noted that the land is not licensed, but only permission granted for a limited use which is to be specified in detail in the agreement. To avoid any misunderstanding on this score, the agreement should not use terms like ‘license’ and ‘license fee’, but only “permission’ and ‘way leave charges’. The agreement should also clearly stipulate that the NHAT admi through or use the land, at any time, Without any prior notice to the party. stration retains full rights to enter upon, to pass In the event of the way leave facilities being discontinued with, the Highway Authority will neither be liable to pay any compensation or reimburse any amount to the’ party, nor to’ provide any alternative arrangement for access etc. In such @ case, any installation like underground pipelines ete. put up by the party are Hable to be removed / shifted by the party a its own cost Way leave permission should be accorded only after ensuring that NHAT’s financial interests are NOT affected in any manner ie. by Way of loss of traffic, loss of Toll Revenue etc. by granting such permission. A suitable clause securing NHAI's financial Interests may be provided in the Agreement to be executed with the party. Page 310. The following rates shill be levied for way leave, facilities/easemem rights on according ‘in-principle’ approval for grant of permission. A) Tn case of ROBSRUBS falling on @ new rail corridor crossing over/under the existing NH Link as the case may be Rs6000- pa upto two lane road crossing two tracks and Rs.12,000/- pa in case of Bridge is wider than two lane and crossing more than two tracks. Public Road by local Bodies/State Govt /Govt. & Autonomous bodies, % of the market value of land pa subject to a minimum of Rs.10,000/- pa i “Kay water crossing belonging to State 6% of the market value of land pa. 2NH land while Irrigation’ Water Supply Deptt. subject to a minimuin of Rs.10,000/- pa. (B) During implementation phase, processing Fee shall be levied as under: 'SNo. ‘Charges to be levied Rate T | Plan & Estimate (P&E) charges Hh Co be charged in advance at the time of ‘submission of GAD/proposal and shall be adjusted finally against Departmental Charges.) 3.125% (To be charged before start of execution of work) TL | D&G Charges (Supervision) TH. | Levying charges towards Maintenance of the Crossing Structure within NH Land in Perpetuity (Considering 30 Year Feriod), 3% pa. capitalized to 30% (To be charged before completing Joperationalising the facility) 4 LI Inall the above cases of way leave failities, no other construction except the permitted expressly be allowed on NH land. If any construction comes up subsequently the same should be immediately removed since noticed. - ‘ f 12. The work related to way leave facility should be preferably “Deposit work” to be executed by NHAI falling within the ROW of NH. The entire cost of the Project 10 be borne by the Applicant in advance. Incase the civil work is executed by the Applicant; NHAI shall carryout construction Incase the civil work is eeu supervision By engaging competent construction supervision consultants atthe preseribed cost (@ 3.125%) payable by the Applicant in advance. see a ee 13. The applicant need to indemnify NHAV/BOT operator for any damages caused duc to the proposed Xing - . Page 414, Each proposal received from the Railway / State / Central Govt. Agencies / Public sectors is to be ‘examined and wherever deemed fit, the Competent Authority shall accord ‘in-principle’ approval for grant of permission following which the stage-wise processing shall commence after levying requisite processing fee, While conveying NHAI's decision of “in-principle” approval for grant of permission a demand note seeking charges for the use of NH landed the stages involved should also be notified to the Applicant. 15. All proposals for grant of way leave permission shall be processed by Regional CGM and forwarded to the concerned Member at the Head Quarter for final approval of Competent Authority. The way leave fay +s shall not be granted as a matter of routine but only after consideration of each case on merits clearly brought out based on a site inspection by Regional CGM. Special care shall be taken to see that the way leave facility does not in any way impeach the safety and smoothness of road transport operations and NH property. For expeditious disposal of the cases, the Competent ‘Authority for each stage of proposal processing shall be as under:- a. Proposal scrutiny stage Chairman, NHAL b. Place of Estimate Stage Concerned Member cc _ D&G Charges Concerned Regional CGM d. _Levying Charges towards| Maintenance do- of the way leave facility/Grossing Structure across NH right of way 16. A standardized format for Agreement to be executed for each case with the Railways / State / Central Govt. Agencies / Public sectors is placed at Annex-lI. On behalf of NHAI, the concerned Regional CGM is authorized to execute such standard Agreement with the involved party. 17. These policy guidelines will be effective from the date of issue of this letter. Page 5-No, 11041/218/2007-Admn. Janwary 4, 2011 POLICY MATER - Technical (71/2010) (Decision taken on ROB Division File No NHAI/CGM-ROB/Rly Board’2010) Sub: Grant of Permission for construction of: i. ROBs/ RUBs by Railways and ii, Flyover/Under pass/Foot over bridge/canal crossing proposed by State Govt. Agencies across National Highways ~ Policy Guidelines thereof. = < Standard Agreement Format for execution with ‘The Railway Authorities / State/Central Govt. ‘ublic Sector Construction of ROBs/RUBs* over existing NH Link. This agreement entered on.......day Gf.......d(month & year) between the National Highways ‘Authority of India (NHAI), a statutory body formed under an act of Parliament acting through the General Manager...........of the first Part and, President of India acting through the Divisional Railway Mai part Be .seseew Railways#, on the Second Whereas there exists N.H link in operatior} for road transport and The Railway authorities .......Railway proposed to construct. ROBYRUBs* for laying new rail corridor across the NH No. -@Km.......». and therefore, requires way leave facility involving NH Land for providing a safe passage to Railway# traffic. ‘And whereas the National Highways Aathority of India (NHAI) has agreed to provide all possible assistance for construction of such ROBs/RUBs* Ithas now been agreed between parties as follows:- ‘A. The party in the first part shall (1) On payment of the amounts mentioned here under provide all facilities and assistance for carly completion ofthe Project involving construction of ROBs/RUBs* and their completion. B. The Party in the second part agre¢:- (1) Toexecute regular agreement and to pay the charges for preparation thereof on an established reciprocal basis or Rs. 10/-, whichever is more, and stamping charges subject to recovery being as per Stamp Act, as may be in force at the time of execution. (2) To submit drawings/designs and specification, including temporary arrangement, if any, by Railway# Authority for apptoval of the NHAI prior to inclusion in the bid document for entrepreneur appointed for execution. No addition/alteration/modification in the approved plans drawings, etc., shall be made without prior approval of NHAL (3) To supervision/Construction, by NHAL of all construction work of bridge proper across existing National Highways (within Rightof-way of the NH Link) and payment of plan and estimate charges, supervision charges as approved by NHAI in. advance so that necessary ‘work charged organization ean be created in time for supervision of actual construction. Page 6~ Gd) @ «) © a (8) (9) (ao) (ay The plan and estiniate charge¥’shall be 2% and D & G (Direction and General) Charges shall * be 3.125% of the estimated cdst of the bridge proper, ifthe bridge is constructed by Railway# Authority. If the bridge is constructed ty the NHAI on behalf of the Railway# Authority, the charges shall be 2% plan and estimaie charges and 3.125% D & G (Direction and General) of the estimated cost of the bridge. Cost of bridge* as estimated by NHAI itself or as approved by NHAL if estimated by concerned Railway# Author ty shall not be a matter of dispute. The D & G shall be subsequently applicable on final cost of construction of bridge* proper. A suitable clause in this context for the purpose of depositing of D & G, plan & estimates charges, with NHAI shall be included in the Agreement to be executed between Railway# Authority. ‘No work shall be allowed to be started in NH land unless the necessary payment, as indicated ‘above, are deposited with NHAI. To ensure advance payment bf the entire cost for preliminary and incidental woks that may require to be executed by NHAI for the purpose of clearing the site for construction of ROBSRUBs*. Thest may include shifting of installation or any other structures which the NHAI may consider necessary either in the beginning or subsequently during the construction of ROBs/RUBs*. The charges would include cost of such works, as approved by NHAI. The D & G shall be payable at the rates indicated in para 3 above, ie., 3.125% of the estimated cost of the bridge if the work is done by the NHAI. To award work of ROBs/RUBs* bridges to only such contractors, as are technically capable of carrying out bridge works under road traffic running conditions. In case, where the contractor has not carried out the bridge work under road traffic running conditions, he will bbe asked to employ an engineer having adequate experience to supervise the bridge work under such conditions. To carry out the work under foad traffic running condition with or without speed restrictions NHAI will make efforts to arfange speed restriction of road traffic as per requirements as far as possible. To ensure compliance, during the construction the of ROBY/RUBs*, of all safety norms that ay be specified by NHAI frbm time to time for safe plying of road traffic To pay on demand the cost of all such works including D & Gat the rate of 3.125% of the estimated cost of the work, in case the work need to be executed by NHAI from safety consideration That Lease/ license period stall be ~ years and will not be changed by Railway Authorities without prior consultation and the approval of the NHAL That during the leaselticence period, bridge proper (over/under the oad) shall be maintained by the concemed Railway Authorities at their cost under the supervision and inspection of the NHAL. The Railway# shall pay to the NHAI 3.125% of the Maintenance cost as supervision and inspection charges p.a. For the purpose of levy of these charges, the annual maintenance _-cost shall be taken as not fess than 3% of the completion cost of the bridge proper which may be revised’ by NHAI as pet laid down norms. These charges shall’ be’ deposited by the concemed Railway# Authorities every year in advance. In case railway wants NHAI to carry ‘out maintenance during lease period they shall pay 3% of the completion cost as maintenance charges and 3.125% of the maintenance cost as supervision and inspection charges. By maintenance it will be understood that it involves ordinary day-to-day maintenance. However, in case any major repairs are required, the cost of the same, and the supervision charges, shall be borne by the concemed Railway# Authorities Decision of the NHAL regarding maintenance works required shall be final and will not bea matter of dispute To follow Ministry of Transport Railways specifications, Indian Roads Congress (IRC) codes, and other NHAI Instructions, etc., for preparation of drawings and designs of the bridge proper as well as for temporary works. These designs shall be prepared either in-house by the concemed Railway Authority. In case the designs are got prepared from Consultants, the same shall be checked by reputed ConsultanvEngg. Institution before the same are submitted to NHAI for approval. NHAI decision regarding modifications to the f Page 7(12) (13) (4) (as) (16) a7) as) desigi/drawings, etc’, shall be final and binding‘on the Railway ‘Authority Consultant and shall not be a matter of dispute, To indemnify and hold the NHAI harmless against all damages, losses, costs and charges suffered or incurred by the NHAI on account of any injury to the person or property of any person using the road over/under bridge, however occasioned, unless it is solely due to negligence and misconduct of NHAI or its employees. To pay interest at the rate of 10% per annum on all sums payable to the NHAI under any of the terms & conditions of these present, if not paid within a month from the date of demand in writing by the NHAL. That in metropolitar/urban arpas/or other location, where land is scarce and costly, bridge approaches shall be normally on stilts in NH land. All other areas where land is not a problem, NHAI may consider solid earthfill approaches in NH land. Decision will be taken by the NHAI on case to case basis as per the prevailing site conditions and requirement of the ‘HAL and shall be binding upon concerned Railway Authorities. To have way leave facilities 4s an acknowledgement of the ownership of the NHAI of the land on which the ROBs/RUBs* proper is constructed. The Railway# Authorities shall pay a total of Rs.6,000/- per year upjo two lane road crossing two racks and Rs.12,000/- per year in case the bridge is wider than two land and/or crossing more than two tracks. NHAL may demand payment of these charges on capitalized basis taking interest @ 7% per annum. ‘These charges will vary from time to time as per NHAI Guidelines in this regard To ensure that Railway# Authbrities shall carry out and maintain all relevant record including. test record required for quality control carried out in the laboratories of LLLT. or Engineering, College at his own cost and such record shall be made available for inspection whenever demanded by NHAL To ensure that concerned Railway# Authorities shall carry out load test of PSC girder/girder in NH portion at his own cost ind under NHAI's supervision. In case of doubt or differenct or disputes that may arise between the concemed Railway Authorities and the NHAL, the decision of the Chairman, NHAI shall be final and conclusive and binding. (Regional CGM) Signed by Signed by For and on behalf of NHAI For and on behalf 6f concemed Railway# Authorities Witnesses. 1 te . 2 2. * Flyover / Underpass / Foot over bridge / canal crossing (as the case may be) # State/Central Govt. Agencies /Public Sector (as the case may be), Page 8