Subject: Department related Parliamentary Standing Committee on Transport, Tourism and Culture

regarding “Role of Highways in Nation Building”.

S.No Question Reply

.
1. Whether any repair and In projects under O&M, the Concessionaire / contractor is required to follow the relevant
maintenance norms for National specifications with clearly laid down timelines for different activities e.g. filling of potholes,
Highways have been laid down by repairing the shoulders etc. In order to ensure the riding comfort, the roughness index is not
Government? If so, what
allowed to exceed the prescribed limit. The repair and maintenance activities are supervised
mechanism has been put in place
to (i) strengthen quality control by Independent Engineer/Authority Engineer /Supervision Consultant on day to day basis.
(ii) minimize financial liability (iii) There are also local field units at Project Implementation Unit (PIU) and Regional Office (RO)
ensure completion of projects (s) level to ensure strict compliance of the norms.
within timelines and (iv) monitor
works at the field level to ensure As regards quality control, development and construction works are executed as per the
there is no diversion of funds? provisions of MoRTH Specifications for Road and Bridge works, IRC/ BIS guidelines. In order to
monitor the quality of work, the Authority Engineer/Independent Engineer are engaged
during construction, operation & maintenance period of National Highways projects. Besides,
officers also inspect works from time to time.

The following steps have been taken by the Government to expedite timely completion of
projects:
• Streamlining of land acquisition
• Disputes Resolution mechanism revamped
• Award of projects after adequate preparation in terms of land acquisition, clearances
etc. Process of obtaining clearances from different Ministries/Deptt. Would commence
as soon as the alignment is finalized and final feasibility report is submitted.
• Correctly worked out utility estimates is to be obtained at the earliest after the
alignment finalization and shall form part of appraisal proposal.
• The process of project appraisal should commence at the earliest on receipt of the
Final Detailed Project Report (DPR) and Technical schedules.
• ROBs : The procedure for GAD approved by Railways for ROBs simplified and made
 online. Maintenance charges which were hampering the progress of many projects
stand waived by railways. Standard design put on website.
• Close coordination with other Ministries and State Governments
• One time fund infusion
• Completion of major portion of land acquisition prior to initiation of bid.
• Regular review at various levels.
• Proposed exit for Equity Investors
• Securitization of road sector loans
• Rationalize compensation for delays attributed to authority
• Notification of Guiding Principles for Resolution of Stuck Projects aiming at foreclosure
of projects which are stuck on account of the concessionaire/contractor in NCLT or
mutual default of both Authority and Contractor/Concessionaire.

Requisite provision is made in contract document /policy document to ensure that there is no
diversion of funds.

As per Ministry's policy circular dated 21.08.2018 and as per provisions in Model EPC
agreement circulated on 05.03.2019:
• Renewal of wearing course is required due to oxidation of bitumen in the layer after a time
gap of 5-6 years.
• Where renewal is required, it has to be done by hot-in-place recycling of entire layer of
bituminous concrete wearing course. If this is not feasible, fresh layer of bituminous concrete
with 40 mm thick has to be laid.
• Where stretches require improvement of riding quality, it has to be done by laying layer of
DBM/BM and BC.
• In cases, where development work for 2/4/6 laning is awarded, Contractor has to maintain
at its own cost the existing lanes, no time materially inferior as compared to condition on
appointed date.
• Quality checks are to be carried out for each layer of pavement at various stages and as per
frequency specified in MoRTH specifications.
• The Contractor is primarily responsible for quality of works prepares quality assurance plan
and set up field laboratory with the approval of Authority's/Independent Engineer.
• The Contractor deploys adequate Plant & Equipment and experienced personnel for testing

2. The proposed target date of
completion for sanctioned road
stretches of Phase A was March
2015. Similarly, the entire
Arunachal Pradesh package was
targeted for completion by March
2017. Now, the expected
completion date for both the
projects have been fixed for
March 2024. Give reasons for this
inordinate delay? The steps taken
to remove the bottlenecks
identified and to complete the
project within the stipulated time
frame?
of material in laboratory.
• The Authority's/Independent Engineer have to witness certain percentage of quality tests as
specified in the Contract Agreement.( 1 O % in Hybrid Annuity Mode contract and 50% as
per new EPC Contract document).
• There is also a provision for appointment of external technical auditor by the Authority to
conduct an audit of the quality of works.
• Authority Representatives (PIU/ PWD Division/ Regional Offices) may inspect quality of
construction during execution and witness certain tests on completion of the work.
The completion certificate is to be issued after satisfying the tests on performance
parameters by the Authority's/Independent Engineer with the prior approval of Authority.
(i) In general completion of projects/Scheme is delayed mainly due to following:
~ Land Acquisition:
~ Less working season,
~ Non-availability of local Agencies,
~ Scarcity of good quality quarry materials/ Aggregates.
~ Termination of contract for poor progress by Agency
(ii) In order to fast track implementation in areas including hilly terrain, following steps have
been taken to remove the bottlenecks and to complete the work early:
~ Set up and operationalized a new corporate entity namely NHIDCL, dedicated exclusively to
the task of fast pace constructing/upgrading/widening of National Highways in NER &Hilly
region.
~ Close monitoring of the projects at field level as well as in Ministry level
~ Sanctioning of project after completion of at least 80 % Land acquisition
~ Upfront shifting of utilities, environment/forest clearance in close coordination with State
Government.
~ Streamlining of LA acquisition through BhumiRashi portal.
As of now Scheme (SARDP-NE Phase-A, Arunachal Pradesh Package of SARDPNE) is targeted to
be completed by March, 2024.
3. Furnish the details of languishing
National Highway projects, State
wise. What target were fixed and
what are the reasons for non-
completion of these projects?
What steps /measures have been
taken to remove the backlogs and
ensure their completion within
the stipulated time period?
4. National Highways Authority of
India has shifted to a new mode of
implementation of road projects –
the Hybrid Annuity Model (HAM).
Some National Highway projects are delayed/stuck up due to multiple reasons, such as poor
performance of contractor, utility shifting, land acquisition, cash flow problem of the
concessionaire/contractor and law & order problems etc. Details of stuck-up projects are
enclosed as Annexure-I.
The following steps have been taken by NHAI/Government to expedite the process:
• Streamlining of land acquisition
• Disputes Resolution mechanism revamped
• Award of projects after adequate preparation in terms of land acquisition, clearances
etc. Process of obtaining clearances from different Ministries/Department would
commence as soon as the alignment is finalized and final feasibility report is
submitted.
• Correctly worked out utility estimates is to be obtained at the earliest after the
alignment finalization and shall form part of appraisal proposal.
• The process of project appraisal should commence at the earliest on receipt of the
Final Detailed Project Report (DPR) and Technical schedules.
• ROBs: The procedure for GAD approved by Railways for ROBs simplified and made
online. Maintenance charges which were hampering the progress of many projects
stand waived by railways. Standard design put on website.
• Close coordination with other Ministries and State Governments
• One time fund infusion
• Completion of major portion of land acquisition prior to initiation of bid.
• Regular review at various levels.
• Proposed exit for Equity Investors
• Securitization of road sector loans
• Rationalize compensation for delays attributed to authority
• Notification of Guiding Principles for Resolution of Stuck Projects aiming at foreclosure
of projects which are stuck on account of the concessionaire/contractor in NCLT or
mutual default of both Authority and Contractor/Concessionaire.
Every model adopted for project execution has its own strength and weaknesses. HAM
assures better risk allocation amongst private concessionaires and NHAI. 40% of bid project
cost shall be payable to the concessionaire by NHAI in five equal instalments linked to project
 The Committee would like to
know the experience so far with
this new mode and what hurdles
are being faced in implementing
this new model of Public Private
Partnership.
5. What steps are being taken by
NHAI to address the concerns
raised by CAG about the costs and
rising debt of NHAI ?
6. How does the Ministry/ NHAI plan
to ensure security required to
maintain and construct National
Highways in the Left Wing
Extremism (LWE) affected areas,
since roads are crucial for the
development of these areas?
7. National Highways form about 2.2
% of the overall road network in
India, rest are State Highways and
roads. Whether at any point of
time, NHAI has extended its
expertise in efficient construction
and maintenance of Highways to
completion milestones and concessionaires shall have to bear the balance 60% of the bid
project cost.
Once the project is completed, the NHAI will collect toll and refund the private players in
instalments for 15-20 years. This implies that the toll collection will be done by NHAI. This
model is beneficial to the Govt. as it would ease the cash flow pressure as compared to BOT
Annuity/ EPC projects. For concessionaires, the traffic risk is not associated with them as
compared to BOT Toll model. It gives them some comfort level to lend from the banks.
HAM projects are expected to be completed on schedule as payments to concessionaire have
been linked to the project completion milestone which are based on both physical and
financial progress.
Details of projects awarded on Hybrid Annuity Model (HAM) is enclosed as Annexure-II.
NHAI borrows funds within the approved IEBR & with the approval of Ministry & NHAI board.
The principle and interest are being paid as per the funds made available by Govt. of India.
For Maintenance and Construction of National Highways in the Left Wing Extremism (LWE)
affected areas under the jurisdiction of NHAI, no security issues are involved.
Left Wing Extremism (LWE) works on National Highways (NHs) are almost complete in
Chhattisgarh. Security camps are already established on the stretches to aid in maintenance
work. Security for LWE works is dealt by the State Government. At present, Govt. of
Chhattisgarh is providing security at work sites based on availability on central security
forces. The procedure being followed by the State Govt. is that upon completion of works
stretch, the security camps are shifted to the next works site based on priority accorded by
the Govt. of Chhattisgarh from security point of view.
The NH works are executed as per specifications/guidelines laid by MoRTH and IRC. Further,
these documents are updated from time to time based on inputs received from various stake
holders including the officers of State Government. These specifications may also be followed
by State PWDs in their highway/road projects. Through training programme of IAHE, officers
from Selection Grade are being given exposure to new technology and best practices of
contract and construction management.
 the State Departments?
8. The Committee notes that only
about 22% expenditure incurred
during the last five years for the
NHDP Bharatmala Phase I project
has come from private investment
(Rs. 1.14 lakh crore out of total
Rs. 5.18 lakh crore) and this is
after the introduction of new HAM
Model. The reasons for such low
private investments may be given.
What steps are being
contemplated by NHAI to attract
more investment from the private
sector to this project?
9. The BharatmalaPariyojana Phase I
is targeted for completion by
2021-22. The details of progress
made so far in this project may be
furnished and whether it would
be able to meet its scheduled
deadline?
10. The Committee notes that road
accidents as well as fatalities
caused by them are on the rise.
What are the details of such
accidents/fatalities, State-wise
and in last three years, year-wise?
What are the steps being taken by
NHAI to prevent road accidents on
the National Highways and ensure
timely treatment to the road
accident victims? How many road
accidents occurred due to
While launching National Highways Development Programme (NHDP), Government decided to
implement majority of the projects through Private Sector participation. However, due to
non-fulfilment of condition precedent on the part of NHAI as well as the private sector, a
number of projects were delayed and became languishing projects. Thereafter, the good
response from the market towards the development of National Highways through private
sector participation was not forthcoming. Government thereafter decided to award projects
on public funded mode in order to revive the highway sector. As a result during subsequent 2
years mode of the projects were awarded on EPC mode. To supplement EPC, a new mode
which involves private sector participation i.e. Hybrid Annuity Mode(HAM) was also
introduced under which 125 projects have been awarded since 2015-16 to 2019-20 (upto
November 2019). To encourage private sector to participate in road development, meetings
were held with all the stakeholders and based on feedback received, the Concession
Agreement are being revised for BOT(Toll) mode.
It may not be out of place to indicate that all the road projects may not be viable on private
sector participation, therefore selection will be limited to financially viable projects only.
Total 34800 kms of NH length including 10,000 kms of residual NHDP stretches is identified for
development under Bharatmala Pariyojana Phase-I. So far, total 297 no. of projects having an
aggregate length of about 12,179 km have been appraised and approved under Bharatmala
Pariyojana Phase-I till date at an estimated total capital cost of Rs. 3,14,789 Cr. Going by the
present status of approval and award, Bharatmala Pariyojana Phase-I is targeted for
completion by FY 2024-25.
(i)State-wise accidents/fatalities:
The year-wise State-wise details of road accidents and fatalities in last three years i.e.
2016, 2017 and 2018 is given in Annexure-III and Annexure-IV respectively.
(ii)Steps taken by NHAI to prevent road accidents on the NHs:
NHAI is taking several road engineering/traffic calming measures to curb speed on minor
roads/NHs as per the codal provisions (IRC:99-2018, Guidelines for traffic calming measures
in urban and rural areas) such as
a) rumble strips or bar marking at the approaches of the major junctions on NHs,
drunken driving, driving by b) speed limit signs at desired locations of NHs network,
unlicensed drivers, minors driving c) speed breaker and associated signage on side roads,
vehicles etc. and what is the d) flashing amber beacons for traffic approaching a junction or a mid-block median
time-wise (time of the day)
opening of NHs.
distribution of the accidents
occurring on the National Road Markings, Sign Boards, Blinkers, Reflectors are provided by Concessionaire/Contractor
Highways? for the Safety of the road users as per IRC guidelines.

In addition, as per contract provisions road safety audit is being conducted during
design/construction/operation stage.

Road Safety Consultants are appointed for projects for conducting Safety Audits and to deal
with the road safety issues. The Road Safety Audit recommendations submitted by Safety
Consultants are being communicated to concerned Concessionaires for ensuring and
adopting these recommendations.

Speed calming measures on approaching roads at junctions and necessary sign boards
provided to follow lane discipline etc.

Roadside Safety Crash barriers are installed at roadside hazards as per provisions mentioned
in “Manual of specifications and standards for 2/4/6-lane highways”. Provision of crash
barriers at all the required locations is an integral part of NH development/improvement
project.

Further, , Road Safety Week is conducted every year to create Safety Awareness among the
road users and also in various Schools, Villages/Local public, and Eye check-up camps for
drivers etc., to reduce and prevent accidents.

The Mobile App “SukhadYatra” has been developed by M/s. Comvision (India) Pvt. Ltd.
Which is used to provide the information related to Toll Plaza through GPS location and also
implemented NHAI’s 24 X 7 Toll Free helpline number – 1033 for any incidence/emergency
on National Highways.
(iii) Steps taken by NHAI to ensure timely treatment to the road accident victims:
Incident Management System is provided on NH through the contract/concession agreement
of the Contractor/Concessionaire. The facilities of patrol vehicle, recovery crane and
ambulance with trained paramedics are provided.

Further, as per concession agreement, concessionaires have provided highway patrolling

vehicles to check the road conditions and assist in diverting the flow of traffic during the
repair and maintenance works. Further, these vehicles are used to provide assistance in
case of any road user emergency. These vehicles are provisioned near the NHAI fee plazas.

There is no establishment for Highway Patrol, however NHAI is doing incident management
with the following on-road units:

(a) Ambulances :466

(b) Patrol Vehicles : 509
(c) Tow-away Cranes:443

Further, the tender invited for incident management services on all India level has the
following features:

• 203 Ambulances
• 203 Highway Surveillance vehicles

Central command center for integration of the existing on-road units and the new to be
deployed units with GIS mapping and tracking of the vehicles and Computer Aided Dispatch.

(iv) Road accidents occurred due to drunken driving, driving by unlicensed drivers,
minor driving vehicles etc. :
Road Accidents are multi-causal and are the result of interplay of various factors including
human error such as drunken driving, driving by unlicensed drivers, minor driving vehicles
etc. The details of road accidents occurred due to drunken driving, drinking by unlicensed
drivers during calendar year 2018 are as under:

11. The poor quality of roads and
maintenance works carried out by
the contractors’ hints at the lack
of site quality checks. How does
NHAI plan to rectify this situation?
Reasons Drunken driving Without License
No. of accidents 12018 37585
(v) Time-wise (time of the day) distribution of the accidents:
Time-wise (Time of the day) distribution of the accidents occurred on all kind of roads
including the National Highways during the calendar year 2018 are given in the Annexure-V.
IAHE has signed MOUs with 10 Engineering Colleges / Institutes for conducting Road Safety
audit training courses. This will increase the number of road safety auditors who would be
associated with the NHs from construction to maintenance stage.
The National Highways are constructed taken into consideration the provisions laid in MoRTH
Specifications for Road and Bridge works, IRC/ BIS guidelines to ensure quality of construction
of National Highways as per good industry practices.
The Contractor has to submit project specific Quality Assurance Plan prior to the
commencement of works.
The Authority Engineer/ Independent Engineer engaged in construction of highways has to
ensure the execution as per specifications and quality as per Quality Assurance Plan. The
quality & inspection of work is ensured through the “Requests for Inspection” raised by the
Contractor/ Concessionaire prior to execution of works.
Further, to measure the health condition of roads, road condition surveys using specified
equipment are conducted at specified intervals.
National Highways are being designed, constructed and maintained as per Indian Roads
Congress (IRC) codes, guidelines and Ministry’s specifications.
There are provisions in the contract agreement/specifications for checking quality during
construction by the Contractors as well as Independent Engineers/Authority Engineers at the
specified frequency for various items of work. Further, for all the constructed works (NHs)
there is minimum defect liability period within which contractor/concessionaire has to
rectify the defects/repair at his own cost. Contractor /Concessionaire has to carry out
repair work adhering to Ministry’s Specification and IRC codes for maintenance of
pavements within stipulated time. Ministry has recently issued guidelines for assessing the

12. The Toll Operator Transfer (TOT)
model could be of great help of
NHAI for monetization of mature
road assets and raising funds for
its future projects. What are the
hurdles faced in the
implementation of this model?
Whether the private players are
responding well to it?
13. The Committee notes that 826
posts out of sanctioned staff
strength of 1890 are lying vacant.
Since how long has such a large
proportion of the staff strength
not been in position? What are
the steps being taken to fill the
vacancies at the earliest? Whether
any cadre review was undertaken
in the organization? If so, the
details thereof.
14. What are the initiatives taken by
Government to boost the Dispute
Resolutions mechanism? How
effectively has it led to
collaborative resolution? To what
extent has it limited costs and
time required to resolve disputes?
condition/quality of road using technology such as Network Survey Vehicle (NSV) before
start of work, on completion and twice during the Defect Liability Period (DLP). This would
further ensure to take necessary/timely intervention to match the required
quality/performance parameters.
No hurdles faced in implementation of TOT Model. Private players are responding well to TOT
Model. Already 2 bundles have been bid out successfully for Rs. 9861.5 crore and Rs. 5011
crore while bids for the next bundle are expected to be received within this financial year.
Out of sanctioned 1890 posts, 809 posts are lying vacant as on 01.01.2020. Over the past few
years sincere efforts have been made to fill up the vacancies. However, desired results are
not forthcoming. A chart indicating the recruitment drives made by the NHAI over last two
years is placed at Annexure-VI. The impediments in filling up the vacancies have been
analyzed and remedial action are being taken which include review of Recruitment Rules,
revamping Absorption Policy and increase in permissible deputation tenure.
The NHAI is a lean organization and the officers are taken on deputation from Central/State
Government/Autonomous Bodies/PSUs. Further, demand and need based assessment of man
power is under taken from time to time and additional post were created/sanctioned as per
projects need. In 2017-18, such exercise was undertaken and additional post from Deputy
Manager to General Manager level were sanctioned for Bharatmala and other projects. A
similar exercise has also been initiated to review man power requirement in NHAI, including
its field offices based on criteria and recommendation by committee headed by Member(P),
NHAI. Amendment of Recruitment Rules for the post of DGM(Tech) and Manager(Tech) have
been approved to enable filling up of the vacancies.
NHAI has entered/entering into various type of Contract with the Contractors/
Concessionaires/Consultants for implementing the Highway Projects in various modes i.e.
Item rate , BOT(Toll), BOT (Annuity), Hybrid Annuity, EPC, OMT etc. Each said
Contracts/Agreements contains the relevant Clause of the Dispute Resolution Mechanism,
thus both the parties to the said agreement are bound to comply/proceed accordingly.
Further, in terms of the said mechanism, time has already been prescribed in the Contract/

15. What is the Government’s view on
addressing the issue of
arbitration? Whether the
Government has any proposal to
set up specialised institution
which is independent, efficient
and transparent and comprises of
professional arbitrators who are
competent, technically sound and
specialised in their fields, aid and
administer the arbitral process?
Agreement. If the amicable settlement process fails, the matter may be referred further for
Arbitration, in terms of the said Contract/Agreement, to adjudicate the disputes between the
parties. With regard to the costs and time to resolve the disputes by way of Arbitration, the
same shall be in terms of the Arbitration & Conciliation Act 2015, as amended from time to
time.
Besides that, to save the time and costs, NHAI has also constituted /established Conciliation
Committees of Independent Experts (CCIEs) under the provisions of Part-III of the Arbitration
& Conciliation Act inviting all claimants to resolve / settle the disputes of claims at initial
stages, post arbitral award or for arbitral awards under challenge. The CCIEs are mandated to
resolve and settle the claims with a period of 5 months. So far out of 59 cases referred to
CCIE; 20 cases are resolved/settled, 8 failed and 31 are in progress. Authority is encouraging
resolution/settlement of more such cases through such Conciliation
The Government has amended the Arbitration and Conciliation Act, 1996 by way of
amendment Act 2015 and thereafter in 2019. According to the amendment, Government has
notified the Institutional Arbitration in-spite of ad-hoc Arbitration, so that the awards can be
passed by the specialized Arbitrators within stipulated time.
NHAI alongwith National Highway Builders Federation (NHBF) has established a Society named
Society for Affordable Redressal of Dispute (SAROD) under Society Registration Act 1860 on
25.10.2013 and having its own Rules and panel of Arbitrators. Further, SAROD is trying to
enter into a MOU with some institutional Arbitration Centre of excellence to improve
functioning of SAROD and quality Arbitration.
Further, recently the Cabinet has approved the proposal of NITI Aayog to review construction
sector by involving the authority to seek DOLA views before filing appeal in the arbitrate
award. By relaxing the condition of providing interest on bank guarantees on deputed
amounts in such appeals by concessionaires will unlock capital with player to executes
projects.
The CCEA considered the proposal of NITI Aayog in its meeting held on 20 th November, 2019
and approved the following:
i) With respect to arbitral awards decided in favour of the
contractors/concessionaires, the concerned Government entity will take the

16. Acquiring land and taking permits
continue to be a vital bottleneck
preventing projects from
completion targets. What
constraints are being faced in this
regard? Whether the projects
taken up by NHAI are governed by
Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement
Act, 2013? If so, whether it is
adequate or there is any proposal
to amend the Act?
decision to initiate proceedings for setting aside of the arbitral award, and any
appeal (s) thereto, with the opinion of a Law Officer-Attorney General of India/
the Solicitor-General of India/The Additional Solicitor-General of India-in
consultation with the Department of Legal Affairs (DOLA) at the Ministry of Law
and Justice as per the procedure laid down in this respect. DOLA is to ensure that
the aforementioned process of soliciting and communicating the opinion of Law
Officer to the concerned Government Entity is completed within 30(Thirty) days
of the receipt of request
ii) In case where the Government entity has challenged the arbitral award, and, as a
result, the amount of the arbitral award has not been paid, 75% of such award
will be paid by the Government Entity to the contractor/concessionaire against a
Bank guarantee only for the said 75% and not for its interest components. With
respect to the interest payable to the Government Entity, should the subsequent
Court order require refund of the said 75%, payment of the same will be as per
the Court order, non-compliance of which by the contractor/concessionaire
would be a contempt of Court. And, the concerned Government Entity will have
the right to recover the said interest by way of legal/judicial remedies. In cases
where bank guarantees for the interest components has already been submitted
by the contractor/concessionaire, the same will be returned by the concerned
Government entity. Should the court order prescribed the rate of interest, the
same will prevail.
Land for the development and maintenance of National Highways (NHs) is acquired under
Section 3 of the National Highways (NHs) Act, 1956. The provisions of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
(RFCTLARR) Act, 2013, relating to the determination of compensation in accordance with the
First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and
infrastructure amenities in accordance with the Third Schedule have been made applicable to
all cases of land acquisition under the NH Act, 1956, i.e. the enactment specified at Sr. No. 7
in the Fourth Schedule to the RFCTLARR Act, with effect from 01.01.2015.
The Ministry of Rural Development, Department of Land Resources (DoLR) is the nodal
department for administering RFCTLARR Act, 2013. However this Ministry is not considering
any proposal to amend the Act, 2013.
The constraints being faced in Land Acquisition are mainly the following:-
 (a) Encroachment & public resistance.
(b) Litigation & arbitration.
(c) Delay in declaration of 3G award.
(d) Erroneous/un-updated revenue records leading to issue of incomplete/faulty
notifications.
(e) High Cost of land.
(f) Compensation award not in accordance with provisions of NH Act.
(g) Inadequate manpower with the land acquisition units at field level.
(h) Delays due to changes in alignment.

The Ministry of Road Transport & Highways has developed BhoomiRashi portal to
digitise the land acquisition process for National Highway (NH) Projects. The Portal has been
made mandatory for all the Project Implementing Agencies w.e.f. 01.04.2018.
With the adoption of BhoomiRashi portal w.e.f. 01.04.2018, the Land Acquisition
process has become transparent, error-free and paperless. The portal ensures accountability
at each level. Any citizen of India can easily access the Portal and know the details of land
acquisition done across the country. The portal has reduced the time period for publication of
notification in the Gazette of India. Any number of reports using different parameters, can be
generated through the system. Processing of payment through BhoomiRashi has ensured real
time deposition of compensation in the account of beneficiary. Real time deposition of
compensation through BhoomiRashi has been successfully done in the States of Himachal
Pradesh, Maharashtra, Odisha, Bihar, Karnataka, etc.
During the period 01.01.2019 to 31.12.2019, a total of 2140 land acquisition
notifications have been issued and 18936 hectares of land has been notified for acquisition
under Section 3D of the NHs Act 1956. Also in an effort to create land bank data of NHs, all
the filed units have been advised to enter all the legacy data of land pertaining to the NH
Projects from year 2018 onwards to 1997.
17. Whether there are laws in some No such research study has been conducted by the Ministry as on date.
countries banning vehicular
traffic between 1 a.m. and 4
a.m., and whether the same
would be feasible on Indian roads
 in order to minimize road
accidents?
18. What is the procedure for
selecting consultants who prepare
the DPRs for various projects of
the NHAI? What is their role in
creating the road infrastructure?
19. How are the on-ground realities
and requirements factored in
when the NHAI or its consultants
prepare DPRs for a fresh road
project?
DPR consultants are appointed on Quality cum Cost Basis System as per the model RFP
documents approved by the Ministry for appointment of DPR Consultants. DPR Consultants are
engaged for carrying out all project preparation activities including surveying, traffic studies,
pre-construction activities including assisting the Authority in land acquisition and procuring
various project clearances.
DPR consultants after extensive survey, interactions with all stake holders arrive at the most
feasible alignment factoring in the own ground realities and site requirements. Meetings are
held with State Government at the time of finalisation of project alignment and comments, if
any, are duly considered while preparing the DPRs. Use of LIDAR has been made mandatory to
ensure that ground level situation are capture in the DPR.

20. Out of the 148 delayed projects of There are 69 projects delayed due to land acquisition issues. The details are enclosed at
NHAI, how many are delayed Annexure-VII.
because of land acquisition
issues/delays caused by the
policies of the respective State
Governments? The details of
these projects may be provided
along with their originally
estimated date of completion and
their present estimated date of
completion.
21. Would it be feasible to make it In order to bring reforms and reduce corruption and harassment of transporters, this Ministry
compulsory for trucks plying on vide Notification G.S.R. 1081(E) dated 2nd November, 2018 has amended rule 90 of the
long routes to have two drivers, Central Motor Vehicles Rules, 1989 which has omitted the condition of having two drivers for
since lack of the same is the
the vehicles running under National Permit.
cause of many accidents?
22. Whether NHAI projects face No, at present NHAI is not facing any difficulty in obtaining statutory clearances from the
significant delays in getting Ministry of Environment, Forest and Climate Change, in implementation of NHAI projects.
clearances from the Ministry of
Environment, Forest and Climate
Change? If yes, what are the
proposed solutions to this issue?
23. Whether NHAI has a research & NHAI has a full-fledged SRD&Q Division at its HQ. Its mandate on R&D related activities is as
Development Department? If yes,
please provide details on its
functioning, the budgetary
allocation for the same in the past
five years and its achievements
during this period. Whether the
insights gained and inferences
reached upon by this Department
are extended to the State
Governments for improvements in
Local Roads.
under:
a) To track and introduce new technological developments
b) To track and introduce international best practices
c) To facilitate design consistency and standardization
d) To undertake R&D activities
e) To formulate technical manuals, standards and specifications
f) To advise the technical divisions on the matters relating to standards and
specifications for all stages of contract management
g) To interact with organizations involved in R&D activities/ standardization in
highway sector
h) To study best practices in various countries and encourage concessionaires to use
upcoming techniques and material in India which will help in reducing cost and
time period of road construction
i) To track and introduce testing procedures and technology up gradation

NHAI had entrusted the following studies to research/ academic institutes.

Sl.
Research area MoU with Status
No.
Development of High Modulus Asphalt
1 IIT, Kharagpur Ongoing
(HiMA) Mixes for Indian Highways
Laboratory and Field investigations on
2 Panelled Cement Concrete Pavements IIT, Kharagpur Ongoing
for Highways
Performance of Geogrid and Geocell
3 Reinforced Pavement for low bearing IIT, Hyderabad Ongoing
soils
Utilization of Municipal Solid Waste at
Ghazipur for embankment
4 CRRI, Delhi Completed
construction in proposed widening of
NH-24
 No specific budget allocation has been made to the Division during the last five years.
However, the same is planned for the current year.

The scope/ objectives, methodology, interim/ final conclusions etc. of the research studies
are reported to the Highway Research Board of the Indian Roads Congress from time to time.
24. What is the status of Sabarimala NH 183A connects Baranikkavu on NH 183 in the state of Kerala to Vandiperiyar on NH 183 in
Highway NH 193 A which was the state of Kerala. Total length of this NH is 116.80 km. The NH was declared vide Gazette
sanctioned six years back? What No S.O. 886(E) dated 04.03.2014 and the same was entrusted to state PWD for development
are the reasons behind its delay
and maintenance vide Gazette No. S.O. 251(E) dated 28.01.2015. Following works have been
and what steps are being taken to
resolve the same? undertaken on NH 183A since its declaration:
S. Name of work Length Date of Sanctio Present Status
No. (km) Sanction (Rs n Cost
in Cr) (Rs. In
Cr.)
1 Strengthening from 16.10 30.08.2017 14.41 Work completed on
km 0/0 to 16/100 of 31.01.2019, stretch
NH-183A in Kerala. under DLP of
contractor till
30.01.2022
2 Strengthening of 14.1 01.11.2017 16.49 Work completed on
carriage way from 30.05.2019, stretch
km 89/100 to km under DLP of
103/200 of NH-183A contractor till
in state of Kerala. 29.05.2022
3 Strengthening from 13.6 30.01.2019 18.98 Work awarded on
km. 103/200 to km. 06.07.2019 appointed
116/800 of NH-183A dated fixed as
in the state of Kerala 30.08.2019 and work
in progress. Date of
completion as per
agreement
29.05.2020.
To 43.8 49.88

25. In a presentation made before the
committee, it was mentioned that
out of the 47745 kms of roads
awarded by NHAI, 34,942
kilometers have been completed
till date. What is the status of
remaining length of roads that has
been awarded by NHAI? By when
those are likely to be completed?
26. What is the sanctioned number of
Member of Members in NHAI? How
many of these Members are in
position? What are the reasons for
the vacancies therein?
tal
Note: Stretch from km 16/100 to km 89/100 is yet to be handed over to NH wing by State
PWD.
Present Carriageway of NH 183/A is IL/2L(IL-13.6 km, 2L-103.2 km). The entire stretch of NH
183A is being maintained in good condition.
Consultancy services for DPR preparation for development of the stretch to 2L+PS
configuration is in progress by M/s STUP consultants Pvt. Ltd. The DPR work was commenced
on 29.11.2016. Feasibility study is in progress. As per the alignment details furnished by the
consultant, the work involves acquisition of land in about 66% of length. The stretch passes
through forest land in about 18 km. The most feasible alignment by minimizing forest land
and land acquisition is being finalized. The work will be awarded on acquisition of land
required for construction based on inter-se priority and availability of fund.
Details of under implementation projects by NHAI (as on Nov 2019) is enclosed as Annexure-
VIII.
As per NHAI Act, 1988, the Authority shall consist of
(a) a Chairman;
(b) not more than six full-time members; and
(c) not more than six part-time members
As on date, 3 full time Members are in position.
(i) Member (Admin) - Sh. Alok
(ii) Member (Finance) - Sh. Ashish Sharma
(iii) Member (Project) - Sh. R.K. Pandey
(iv) Member (Technical) - Meeting of the search Committee has been held on

27. The Chairman of NHAI has been
shifted/changed four times in the
last two years which may
ultimately lead to instability in
the functioning of the
organisation or to that extent,
result into policy paralysis. What
are the reasons for these frequent
changes?
28. Out of NHAI’s sanctioned staff
strength of 1900, how many are
deputation posts? How many of
these deputation posts are
presently lying vacant? What is
the status of the employees
working on deputation basis in
NHAI? Their selection procedure
may also be shared with the
Committee.
29. Please provide the category wise
details of the Bharatmala Phase I
13.02.2020 at 05.00 PM in Cabinet Secretariat under the Chairmanship of Cabinet
Secretary for filling of the post of Member (Project/Technical).
(v) Member (Project) - Meeting of the search committee has been held on
13.02.2020 at 05.00 PM in Cabinet Secretariat under the Chairmanship of Cabinet
Secretary for filling up of the post of member (Project/Technical).
(vi) Member (PPP) - The post will be filled up under the Central Staffing
Scheme (CSS) as stated by the Department of Personnel and Training Ministry of
Personnel public Grievances & Pension.
The post of Chairman, NHAI is filled up under the Central Staffing Scheme by the
Appointments Committee of the Cabinet (ACC), under the Department of Personnel and
Training, Ministry of Personnel, Public Grievances & Pension.
NHAI vide letter dated 03.02.2020 has stated that as per Regulation 12(5)(a) of the NHAI
(Recruitment, Seniority & Promotion) Regulations, 1996, upto 20% of the sanctioned strength
of technical cadre shall be filled from CES(Roads) Cadre and the balance 80% should be met
by 50% (maximum) from permanent cadre of the authority and 30% by deputation from other
services. In case of shortfall in any of the above mode, the shortfall may be met from either
of the other modes. As on 01.01.2020, out of sanctioned strength of 1070 in Technical cadre,
535 posts are earmarked for deputation quota. However, there is no quota prescribed for
other cadre on deputation mode. A detailed chart indicating the incumbency position
deputation mode or on regular/contract basis is enclosed at Annexure-IX.
The officers taken on deputation are treated to be on foreign service and are not on the rolls
of NHAI on permanent basis. The NHAI borrows the officers from Central/State Government
or from Autonomous bodies or PSUs at the level of Assistant Manager to Chief General
Managers as per procedure prescribed in Regulations 11 and 12 of NHAI (Recruitment,
Seniority & Promotion) Regulations, 1996 (copy enclosed at Annexure-X). Their selection is
made through Selection Committees or Search-cum-Selection Committees, as the case may
be.
Details are enclosed as Annexure-XI.
 projects falling in each of the
States and UTs.
30. Furnish the details of NHAI
projects which have been
announced but are still pending
awaiting the upcoming policy
reforms of the Central Road and
Infrastructure Fund.
31 How the NHAI propose to estimate
the amount of value captured by
the State Government as per the
value capture mechanism wherein
the State Government would
invest 50% of the Land Acquisition
Cost Before publication of 3D
notification and reimburse the
rest 50% later?
32. Furnish the details of projects
delayed due to procedural
reasons on the part of NHAI or
some other reasons which may be
due to other stakeholders in the
Project. What are the steps being
taken to ensure its rectification?
NHAI has been entrusted mainly with the development of works under Bharatmala Pariyojana
Phase-I and residual works of NHDP. The funds are accordingly allocated to NHAI out of
Budgetary Resources, as per overall fund availability, fund requirements, inter-se-priority,
etc. Apart from this, NHAI is also authorized to raise resources from market as part of
Internal and Extra Budgetary Resources (IEBR) within overall approved financing plan of
Bharatmala Phase-I. No projects are pending/awaiting the upcoming policy reforms of the
Central Road and Infrastructure Fund.
Land monetization policy is envisaged for identified projects/stretches where funding by
State Govt. is essential in order to make projects viable, has been approved by the Authority
Board. The mechanism proposed is as under:-
(a) An MoU between NHAI and the State to be signed, wherein responsibility for
development of NH rest with NHAI and for bearing cost of LA with the State.
(b) NHAI to establish a dedicated escrow account towards payment of LA costs.
(c) Upon notification under Section-3D, the State to deposit at least 50% of LA cost
in the escrow account.
(d) NHAI shall contribute the remaining amount for LA in the Escrow Account, to be
reimbursed later by the State Government.
(e) Post start of Construction, the State shall capture the value created from the
development of NH in the Influence Zone, defined as the areas within 500
meters on either side of the NH.
The modalities to finalize value capture mechanism are being evaluated before approaching
the States.
Before the project is actually awarded, land for the same is to be acquired,
forest/environment clearance obtained and GAD of ROBs got approved. The process involves
various agencies including State Revenue officials for LA purposes. Any delay on the part of
any of these agencies can cause delay to the project. However, details of delayed projects
due to various reasons are enclosed as Annexure-XII.
The following steps have been taken by NHAI/Government to expedite the process :

33. Whether it is a fact that the
Hon’ble Minister of Road
Transport and Highways has
observed that the Ministry would
get rid of all independent
engineers? If so, what will be the
qualifications required for the
posts of the full time consultants
proposed to be appointed in place
of independent engineers?
34. Whether Greenfield road projects
are more beneficial in terms of
• Streamlining of land acquisition
• Disputes Resolution mechanism revamped
• Award of projects after adequate preparation in terms of land acquisition, clearances
etc. Process of obtaining clearances from different Ministries/Deptt. would commence
as soon as the alignment is finalized and final feasibility report is submitted.
• Correctly worked out utility estimates is to be obtained at the earliest after the
alignment finalization and shall form part of appraisal proposal.
• The process of project appraisal should commence at the earliest on receipt of the
Final Detailed Project Report (DPR) and Technical schedules.
• ROBs : The procedure for GAD approved by Railways for ROBs simplified and made
online. Maintenance charges which were hampering the progress of many projects
stand waived by railways. Standard design put on website.
• Close coordination with other Ministries and State Governments
• One time fund infusion
• Completion of major portion of land acquisition prior to initiation of bid.
• Regular review at various levels.
• Proposed exit for Equity Investors
• Securitization of road sector loans
• Rationalize compensation for delays attributed to authority
• Notification of Guiding Principles for Resolution of Stuck Projects aiming at foreclosure
of projects which are stuck on account of the concessionaire/contractor in NCLT or
mutual default of both Authority and Contractor/Concessionaire
Ministry is considering to appoint Project Management Consultancy (PMC) who will supervise
the entire project i.e. from inception to its completion. The consultant shall be selected
based on the experience of the firm, credential of the key personnel, the equipment /
machinery / technology available with the consultant for survey and material testing. The
entire consultancy task and its responsibility, starting from feasibility study, DPR, pre-
construction activities, construction supervision and maintenance supervision could be
assigned to a single entity.
The option of choosing development for the existing road alignment vis-à-vis Greenfield
alignment is studied at the time of preparation of DPR and based on the cost economics, the
 cost, maintenance and usage as physical and economical alignment is chosen for development of NHs.
compared to the Brownfield
projects? Please provide reasons
and statistics. What is the stand of
NHAI on opting for greenfield
projects with linear alignments
instead of brownfield projects
with non-linear alignments, since
linear alignments removes speed
constraints as well as reduces
black spots?
35. How does the Ministry/NHAI plan Government has issued a notification G.S.R 634(E) dated 23.06.2017mandating Motor Vehicles
to educate the drivers about (Driving) Regulations, 2017 which provides for guidance on various factors including driving
proper driving techniques, such as techniques.
overtaking on the right side,
For smooth traffic flow as well as to avoid road accidents, drivers are guided through a
which is a must for smooth traffic
flow as well as to avoid road number of cautionary/ warning signboards along NHs such as sharp curves, no overtaking
accidents? What amount of the zone, speed limit etc.
budget is allocated for this Further, Ministry has been working in association with States, Vehicle manufactures and NGOs
purpose? for strengthening the driving training. Scheme for setting up of Institute of Driving training
and Research (IDTRs), Regional Driving Training Centers (RDTCs) has been implemented by
the Ministry for establishing model Driving Training Centers in the States/UTs with state of art
infrastructure. Ministry has also launched a scheme for creating Driving Training Centers
(DTC) in all the districts of the country with the objective to provide quality training to
commercial vehicle drivers to improve road and environment safety and strengthen overall
mobility on roads. There is a budgetary allocation of Rs.50.00 crore during the current FY
2019-20 under the scheme at BE.
36. What is the policy on construction Ministry’s circular No. RW/NH/33038/27/2020-S&R(P&B) dated 24.07.2013 and subsequent
of approach road and access roads amendments stipulate the detailed guidelines for access permission to fuel station Private
to the National Highways? Does a Properties, Rest Area Complexes and such other facilities along National Highways. Service
policy exist for construction of
Roads are provided to segregate main traffic from local traffic. As such, the service roads are
service lanes? If yes, who is
responsible for the same and why provided at urban/semi-urban locations depending upon the technical requirement assessed
are service lanes not provided on during preparation of the DPR of development works.
many large stretches of National
Highways?
37. Whether there are States where There are States where land acquisition adversely affects NHAI projects. The steps being
 land acquisition adversely affects
NHAI projects on a more frequent
basis? What steps are being taken
to sort out these issues in
coordination with the State
Government, since the financial
loss caused by delays arising out
of these issues are borne from the
public exchequer?
38. Please provide figures on the
impact, projects of NHAI have
made on generation of informal
employment?
39. How does NHAI plan to monetise
its existing assets to assuage the
concerns raised on the present
status of NHAI’s financing, by the
Prime Minister’s Office in August,
2019?
40. Why is India lagging behind in
ratings and rankings released by
Works Bank and World Economic
Forum Report on Quality of
Roads? When the standards as laid
taken to sort out these issues in coordination with the State Governments are as under:-
(a) Constitution of High Powered Committee under Chief Secretary to monitor the pre-
construction activities.
(b) Strengthening of Land Acquisition Units by way of providing manpower and
resources.
(c) Effective formal public consultations at the time of project preparation to address
the concerns of public.
(d) Introduction of BhoomiRashi Portal for on-line publication of notifications under
NH Act.
(e) Introduction of Centralized LA Account for efficient monitoring of disbursement of
LA compensation.
(f) Monthly meetings with the District Authorities and Nodal Officers of the State
Government along with the Competent Authorities.
(g) Periodic monitoring of progress through PMIS, Pragati portal etc.
(h) Adopting light detection and ranging (LIDAR) technology for finalizing alignment.
The development of National Highways /Expressways will open up backward and under
developed areas for further development and industrialization thereby, creating sufficient
opportunities for employment in the project reach. Construction of National Highways
expected to generate employment during the construction and operation period. Under
Bharatmala Pariyojana Phase I, a total of 34800 kms of NH length including 10,000 kms of
residual NHDP stretches is targeted for development. As per estimation while formulating
the Bharatmala Pariyojana Phase I, 4076 mandays per km are estimated to be created. Thus
a total of 14.2 crore mandays are estimated to be created under Bharatmala Pariyojana Ph I.
NHAI has planned to monetize its existing assets through Toll Operate (ToT) and Investment
Trust (InvIT) modes.
Cabinet authorized NHAI to set up Infrastructure Investment Trust and Monetize National
Highways Projects.
Considering the present status, NHAI InvIT is likely to go to the market during the FY 2020-21.
National Highways are being designed, constructed and maintained as per Indian Roads
Congress (IRC) codes, guidelines and Ministry’s specifications. In order to ensure good quality
of National Highway stretches and to make it pothole free, routine maintenance activities
and repair works are carried out through the Concessionaires/Contractors/O&M Agencies.
 down by Indian Roads Congress
are being followed, why such a
rating is being given by the World
Bank and World Economic Forum?
41. Whether the exit options
available for concessionaires are
limited and weak, thus possibly
reducing interest of private
players in the sector? What are
the concerns raised by the
concessionaires regarding the
same and what are the steps
being taken to address them?
Moreover, concessionaires are liable to maintain the roads (NHS) during the concession period
which varies from 15-30 years in general in Public Private Partnership (PPP). However, in EPC
mode the contractor is liable to maintain/repair the defects for 5-10 years (depending upon
type of pavement) as per Ministry’s guidelines. In cases where any failure/default occurs on
the part of contractors/concessionaires/consultants, accountability is fixed and penalty is
levied as per the provisions of contract agreement.
The Global Competitiveness Report (GCR) is published by the World Economic Forum every
year. The Global Competitiveness Index (GCI), maps the competitiveness landscape of 141
economies through 103 indicators organised into 12 pillars. These are: Institutions;
Infrastructure; ICT adoption; Macroeconomic stability; Health; Skills; Product market; Labour
market; Financial system; Market size; Business dynamism; and Innovation capability.
Global Competitiveness Report has been prepared by World Economic Forum based on an
extensive opinion survey capturing the opinions of business leaders around the world on
broad range of topics and is thus essentially perception based and is not factual.
2. The quality of the roads can vary from one country to another depending on the
parameters. The World Economic Forum ranked India at 48th Position with total score of 4.5,
which is improvement over previous year rank 51 st with score of 4.4. The Ministry proposes to
use technology based system like Network Survey Vehicle for quality assurance. In order to
incentivise the concessionaires/contractors, Ministry has started National Highways
Excellence Awards in 2018 which are to be given each year.
As per MCA (post 2009), exit option is available to Concessionaire two years after construction
completion period. A policy regarding permitting 100% equity divestment after two year of
construction completion for all BOT projects irrespective of year of award has also been
approved by Cabinet Committee on Economic Affairs in its meeting held on 13/05/2015 and a
circular dated 09/06/2015 was issued. To streamline the procedure for grant of NOC for 100%
share divestment an SoP is under consideration in NHAI.
42. How does NHAI plan to generate
awareness about the same among
general populace in the context of
mandatory implementation of
electronic tolling at all toll plazas
throughout the country from
December 1? Some drivers may
not be acquainted with the idea
of how FASTag works, how to get
it recharged etc. What are the
steps being taken by NHAI to
onboard all road users from
diverse backgrounds to this new
system of toll collection?
To create awareness about FASTag mandate following activities have been carried out:
i. Advertisement by Regional Offices/Project Implementation Units along National
Highways:
a) Hoarding
b) Poster on Toll Booths
c) Leaflet handing over along with Cash receipts
d) Teaser hoardings -3 (At 2KM, 1KM and 500 Metre before fee plazas informing users
about POS locations at Fee Plazas)
e) Additional Message on Cash Receipts informing users about FASTag mandate.
ii. FASTag promotion was continuous communication effort through print ad campaign.
The advertisement covers 25 States and UTs covering more than 60 cities in 12
different languages. The campaign focuses on informing readers about the NHAI
FASTag linking with savings bank account or NHAI prepaid wallet and keeping
minimum balance to avoid inconvenience.
iii. TV commercial on FASTag featuring famous film actor released by Union Minister of
Road Transport & Highways and MSME.
iv. TV Commercial advertisement campaign was launched on 11 News channels on pan
India basis for 7 days in Hindi language.
v. FASTag radio campaign was launched on 11 Radio channels on pan India basis for 5
days covering more than 60 cities.
vi. NHAI FASTag Point of Sale (POS) set up at fee Plazas on pan India basis covering all
states.
vii. Ministry of Road Transport & Highways organized Conference on ONE NATION ONE
TAG- FASTAG at New Delhi where Union Minister of Road Transport & Highways and
MSME and Minister of State for Road Transport & Highways, addressed the conference
attended by Chief Ministers, State Ministers and other State Dignitaries. NHAI Wallet
was also launched.
viii. All participating Banks sent SMS to its users pan India for buying FASTag and informing
about FASTag mandate.
43. What has been the impact of the
Motor Vehicles (Amendment) Act
2019 since the time it has been in
effect? Please provide details
about its implementation in the
various States.
The objective of Motor Vehicles (Amendment) Act, 2019 inter alia is for enhancement of
penalties for offences for ensuring greater compliance and enhancing deterrence for violation
of traffic rules which is intended to provide for better Road Safety resulting in reduction of
accidents and fatalities on roads. The Motor Vehicles (Amendment) Act, 2019 provides for
provisions for the use of information technology, electronic monitoring and enforcement and
delegation of functions to officers by the State Government for effective implementation of
the Act.
Implementation Status of the Motor Vehicles (Amendment) Act, 2019.
Ministry of Road Transport &Highways vide notification S.O 3110(E) dated 28.08.2019
and S.O 3147(E) dated 30.08.2019 has appointed 1 stday of September, 2019 as the date on
which certain sections of the above-mentioned Act had come into force.
The process of formulation of draft rules is under process. It is expected that in the next
2 to 4 months majority of the rules would be in place. The States and other stake holders are
being involved and consultations being held for formulation of the draft rules which is taking
time. Accordingly, rest of the provisions of the Act will be notified simultaneously. Following
provisos have been implemented from 1 st September, 2019-
i. Enhanced penalties for the offences under the Motor Vehicles Act
ii. Requirement of minimum educational qualification for license to drive transport
vehicles has been removed.
iii. Facilitation of the licensing process so that the citizen can apply anywhere in the
State for obtaining the Learner License, Driving License or Renewal
iv. Allowing driving license holders to apply for renewal any time between one year
before its expiry upto one year after its expiry. This will greatly help our citizens
working and staying abroad.
v. Facilitation of the process of registration of vehicles process so that the citizen can
apply anywhere in the State for registering the vehicles or recording any other
changes
vi. Provisions which provide for powers to the Central and the State Governments for
formulation of rules.
The Ministry has not received any information from any State that have not

44. The budgetary support for NHAI
has come down consistently from
55 % of the total budget in 2014-
15, to 33 percent in 2018-19.
How does NHAI plan to fund the
huge financial requirements for
the ongoing BharatmalaPariyojana
Phase- I ?
45. What is the mechanism employed
to decide the fees charged at the
different toll plazas across the
country? What is the formula for
the same whether the charges are
uniform across the country?
implemented the provisions of the Motor Vehicles (Amendment) Act, 2019. As per section 200
of the Motor Vehicles Act, 1988 the State Government may by notification in the official
gazette specify such amount for compounding of certain offences.
Further, the Ministry has issued an advisory to all States and Union Territories vide
letter dated 06th January 2020 to implement the provisions of the Motor Vehicles
(Amendment) Act, 2019, in letter and spirit.
NHAI has been entrusted mainly with the development of works under Bharatmala Pariyojana
Phase-I, apart from some high density corridors. The funds are accordingly, allocated to NHAI
out of Budgetary Resources, as per overall fund availability, fund requirements, inter-se-
priority, etc. Apart from this, NHAI is also authorized to raise resources from market as part
of Internal and Extra Budgetary Resources (IEBR) within overall approved financing plan of
Bharatmala Phase-I. NHAI is also raising funds through TOT, InvIT & Securitization of Toll
revenues.
At present, user fee rates on National Highways are fixed in accordance with National
Highways Fee (Determination of Rates and Collection) Rules, 2008 and amendment thereof.
As per rule 4 &5 of the NH Fee Rules 2008, the rate of fee for use of a section of national
highway of four or more lanes shall, for the base year 2007-08, be the product of the length
of such section multiplied by the following rates, namely:-
Base rate of fee per km
Type of Vehicle
(in Rupees)
Car, Jeep, Van or Light Motor Vehicle 0.65
Light Commercial Vehicle, Light Goods Vehicle or 1.05
Mini Bus
Bus or Truck (Two axles) 2.20
Three-axle commercial vehicles 2.40
Heavy Construction Machinery(HCM) or Earth Moving 3.45
Equipment (EME) or Multi Axle Vehicle (MAV) (four
to six axles)

46. What is the criteria for selecting
the language(s) used on signages
on National Highways and why
most of the signages are only in
English and not in Hindi or the
local language?
47. How does NHAI monitor the work
done by independent engineers,
especially the inspection work
performed by them since many a
times, the work approved by
them is of shoddy quality? What is
their role? The details may be
given.
Oversized Vehicles (seven or more axles) 4.20
Also, the rates specified as above shall be increased without compounding, by three percent
each year with effect from the 1st day of April, 2008 and such increased rates shall be
deemed to be the base rate for subsequent years. The applicable base rates shall be revised
annually with effect from April 1 each year to reflect the increase in the wholesale price
index.
These charges are uniform across the country for all National Highway projects except user
fee plazas under BOT(Toll) projects of which, bid due date were prior to publication of
National Highways Fee (Determination of Rates and Collection) Rules, 2008 and are
operational on National Highways (Collection of Fees by any person for the use of section of
National Highways/Permanent Bridge/ Temporary Bridge on National Highways) Rules, 1997.
In such cases, the user fee rates are being fixed in accordance with the provisions of the
respective Concession Agreement.
The National Highways are meant to be constructed taking into account the provisions laid in
MoRT&H specifications/IRC/BIS guidelines & NHAI quality assurance manual. As per IRC: 67-
2012 on “code of practice for road signs”, Numerals are inscribed in international form of
Indian numerals and word messages in English and /or other languages as necessary.
Further, as per Ministry's Guidelines, kilometre stones and sign boards on National Highways
would be in languages i.e. English, Hindi & local language.
The concerned key personnel of Authority/Independent Engineer shall inspect the
construction works on a daily basis which includes but not limited to the review of
construction including progress, quality and safety of construction, Inspection of defects and
deficiencies in construction works besides witnessing quality inspection tests at labs
established by Concessionaire on a sample basis.
However, the Project Director himself or through his designated officer of PIU (or CMU)
carries out random test check of the measurements, including test checking of all hidden
items of the work before making payment of any running/ final bill.

48. Whether quality checks have been
made in the Mansar to GhotiTok
Project? It has been observed that
the material used in the project is
NP3 whereas it should be of the
size NP4, whether this is true?”
49. Please enlist the projects in which
the estimated cost of the project
has increased by more than 100%
at a later stage, along with the
reasons for such an increase in
the revised cost estimates.
50. What is the interest rate of the
debts that are to be repaid by the
NHAI on date?
51. What are the reasons for the huge
cost overrun in the Bharatmala
Pariyojana Phase I, the present
estimates being 56% higher at Rs.
8.34 lakh crores against the
Further, vide policy guideline no. 18.23/2017 dated 28.07.2017, Regional Officers & Project
Directors have been assigned the duties to supervise and monitor the performance of
Consultants. The frequencies for periodic inspections by ROs/ PDs have been also specified on
the basis of nature of ongoing works. The ROs/ PDs would necessarily issue inspection notes
after site visits which would include the compliance in respect of Quality, workmanship,
random checks, test measurements etc. besides other indicators.
The matter pertains to the project of widening to 2 lanes with paved shoulder in Mansar –
Salaikhurd section of NH-753 in Maharashtra. The project is being implemented through PWD,
Maharashtra. Brief details of the project are given below:
Name of project – Mansar – Salaikhurd – NH-753( Widening to 2L+PS)
Length – 44 km
Total Project Cost – 418.36 Cr.
Awarded Cost – 264.99 Cr.
Contractor – M/s Barbaril Projects Ltd.
Appointed date – 30.06.18
Likely completion date – 20.09.2020
Physical progress – 53.84%
Length completed – 23.69 km
It has been confirmed that as per source approval report & test reports for pipes NP4 class
pipes are being used in this project.
Details of projects with cost overrun are enclosed as Annexure-XIII.
NHAI has raised funds from various sources & the Rate of interest is payable as under:
i) Funds raised through 54EC Bonds - 5.25 % - 5.75 % p.a.
ii) Funds raised through other sources/instruments – ranging from 7.02 % - 8.75 % p.a
An overall financial outlay of Rs. 5,35,000 crores have been approved by the CCEA for
estimated project expenditure based on the prevalent Land Acquisition and Civil Construction
Cost in the year 2017. However, the actual cost of Land Acquisition is about 3.5 times the
 approved budget of Rs. 5.35 lakh estimated cost and the prevailing costs of civil construction are 40% more than the estimated
crores? cost at the time of approval of CCEA. Details of the same are presented below:

Component Total Civil Cost Land Acquisition & Total Capital Cost
including centages Pre-Construction (Rs. Crore per
(Rs. Crore per km) Expenses km)
(Rs. Crore per km)
As per As per As per
As per As per As per
CCEA CCEA CCEA
actual actual actual
approval approval approval
Bharatmala 20.1 13.7 6.4 1.8 26.5 15.5
Residual NHDP 15.9 - 5.7 - 21.6 15.0
Grand Total 19.0 - 6.2 25.2 15.4

52. What are the proposed NHAI is working on the Request for Proposal which has been floated for Design,
contractual obligations of the Implementation, Operation and Maintenance of NHAI Traffic Incident Emergency Management
stakeholders involved in the System for National Highways at All India Level will consist of the following components:
planned national contract for
ambulances that will ply on the
• On-road units:
National Highways?
o ‘2 patient capacity’ Rescue Ambulances deployed by the successful bidder and
Rescue Ambulances of the existing highway concessionaire shall be guided by the
successful bidder for co-ordination with Command Centre
o Highway Surveillance Vehicles of the existing highway concessionaire shall be
guided by the successful bidder for co-ordination with Command Centre
o Tow-away crane of the existing highway concessionaire shall be guided by the
successful bidder for co-ordination with Command Centre.
• Field Devices
o Provision to integrate with existing CCTV Cameras
o Integration with Variable Message Signs
• Central units:
o Command Centre
• Co-ordination with:
o Police Department

53. What steps are being taken by
NHAI to break the nexus that
sometimes exist between the
contractors and engineering wing
that monitors the projects?
54. What is the status of work on NH
29 from Gorakhpur to Varanasi? It
has been informed that high
number of accident take place in
that stretch. What steps are being
taken to curb the number of
accidents happening there due to
the work being left in between?
By when it the project likely to be
completed?
55. Whether proper quality checks
were done during the
construction and approval of NH-
6, particularly the Nagpur to
Deori stretch? If yes, why did the
project suffer from poor quality
and had to undergo repeated
repairs works within three years
of its completion?
o Fire Department
o Hospitals/Trauma Care Centres
o 108 Services
The Service level requirements shall be evaluated on the following parameters:
• Ambulance Response Time of less than 15 minutes
• Call answer time of less than 12 seconds
• Call abandonment rate
• IT System uptime
Vigilance Division of NHAI conducts CTE type inspections, periodic inspections, joint check
with CBI and surprise inspections as preventive measures to monitor irregularities in NHAI
projects.
The work of Gorakhpur to Varanasi has been divided in three construction packages i.e.
package II (Varanasi to Ghzipur-72.15 Km.), Package-III (Ghazipur to Mau 65.38 Km.) &
Package IV (Mau to Gorakhpur 65.62 Km.). The construction in all the three packages is going
on. As on date the length in package II i.e. Varanasi to Ghazipur is 55.23 Km. completed out
of 72.15 Km. and the project is likely to be completed by March, 2020. The length of package
III i.e. Ghazipur to Mau is 18.40 Km completed out of 65.38 Km and in package IV i.e. Mau to
Gorakhpur is 18.80 Km. is completed out of 65.62 Km. Thus as on date the total length of all
packages 92.43 Km. is completed out of 203.15 Km. and both these project are likely to be
completed by March, 2021.
The regular maintenance is being done by filling of potholes and patch repair to keep the
road traffic worthy and to reduce the accidents. The number of traffic calming measures has
been taken to reduce the accidents.
The stretch mainly falls under Nagpur – Wainganga project section from km 498.000 to km
544.200 on NH-53 (Old NH-6). The construction of four-lane road was carried out between
2011-14 and the Provisional Completion Certificate was issued on 07.01.2015.
During the construction and at the time of approval of the Provisional Completion Certificate,
proper test checks have been done and after due satisfaction of the Independent Engineer
and due acceptance of works, Provisional Completion have been issued on 07.01.2015. The
Chief Technical Examiner (CTE) organization of CVC has carried out the inspection on the
above project stretch during the period 23.09.2013 to 27.09.2013 at site. Further, report of

56. What efforts have been made to
solve the land acquisition issues
being faced in the Bhandara –
GhotiTok road, since no progress
has been made on the same in the
last three years?
CTE has been complied in April 2015. Also, the quality control checks data during the
construction is available.
Regarding repair during the Operation & Maintenance (O&M), during the monsoon 2019 it was
observed that there were very heavy rainfall during the July to October 2019 and the total
rainfall recorded was around 2062 mm upto October 2019 which is substantially very high as
compared to the total rainfall of 1260 mm in 2017 and 1435 mm in 2018. The heavy rainfall in
the year 2019 has caused heavy damages to the road surface of this project highway. During
the rainy period potholes were attended by the Concessionaire by using Instapatch. After the
rainy season the contractor has used around 2500 cum of Hot Mix Bituminous Mix for doing
Bituminous Concrete (BC) work measuring approximately 30,000 sqm in the area of damaged
road surface. The area on which the Bituminous Concrete long patches have been attended
are showing improvement in riding quality as assessed by the Bump Indicator Test conducted
prior to patching and after rectification.
The behavior of road surface is found satisfactory. The Concessionaire has prepared further
patching programme on the basis of result of Bump Indicator Test, during December 2019 to
February 2020 with BC material. Therefore, the condition of road which has been heavily
damaged due to the heavy monsoon of this year will be hassle free by February 2020 as per
the Provision of Schedule K of Concession Agreement.
The matter pertains to the project of widening to 2 lanes with paved shoulder in Bhandara -
Ghotitok section of NH-247 in Maharashtra. The project is being implemented through PWD,
Maharashtra. Brief details of the project are given below:
Name of project – Bhandara - Ghotitok – NH-247 ( Widening to 2L+PS)
Length – 37.47km
Total Project Cost –392.83 Cr
Awarded Cost – 257.61 Cr
Contractor – M/s H G Infrastructure Engineering Limited
Appointed date –15.06.2017
Likely completion date – 31.12.2019 (PCOD)
Physical progress – 96%
Length completed – 36.75 km
The project is substantially completed except for a length of 740m in Bhandara city and
some minor items. The work in the balance length of 740 m shall be taken up later to 2 lane

57. Whether the demands and
concerns of the local populace are
factored into by NHAI while
preparing the DPRs of a project? If
yes, what mechanism is being
followed to evince the feedback
of local populace?
58. Whether NHAI has considered
putting a stop to sub-letting of its
projects by the contractors? What
are the reasons for allowing the
contractors to sublet the tenders
awarded to them?
59. What is the reason for the work
being delayed on the Ramdayalu-
Motihari road which has been
closed for the last 8 years?
60. What is the current status of the
Goa to Karnataka National
Highway project?
61. What are the educational
qualifications of the staff being
hired to work at the toll plazas?
Whether it is ensured that they
are educated, can read and write
in English and Hindi?
62. What is the present status of work
on Mumbai – Goa highway, which
has been going on for several
years? The non-linear alignment
of this highway causes a lot of
with PS as against 4 lane standards due to restricted width of RoW in the heavily built up
area .
DPR consultants after extensive survey, interactions with all stake holders arrive at the most
feasible alignment factoring in the own ground realities and site requirements. Meetings are
held with State Government at the time of finalisation of project alignment and comments, if
any, are duly considered while preparing the DPRs.
Adequate provisions are there in the contract agreements to ensure that the main contractor,
who is fully responsible to employer for the work, complies with the various terms of the
agreement irrespective of employment of sub-contractor for the work. However, to
strengthen the resources available with the Contractor for execution of the Project, practice
of sub-contracting is resorted to. This is admissible under contract.
The bid for the mentioned work was invited in March 2019. Due to poor response from bidder,
dates have been extended several times upto August 2019. The case field unit sent the case
to NHAI HQ for transfer of stretches to State Government. As per clarification received from
NHAI HQ for relaxing the condition and getting the work executed through NHAI, the filed
office has invited the fresh bids. The bid is expected to be received by Second week of
January 2020 and accordingly the work will be executed after issuance of Letter of
Acceptance (LOA).
The project stretch from Goa-Karnataka border to Kundapur of NH 66 is under construction as
four lane highway through Concessionaire M/s. IRB Westcoast Tollway Pvt Ltd on BOT (Toll)
mode. As of now 139.86 km out of 179.54 km (excluding Kumta bypass ) has been completed.
The essential qualification of key personnel deployed by user fee contractor is enclosed at
Annexure-XIV.
Panvel-Indapur section of Mumbai-Goa highway is under the jurisdiction of NHAI. The project
has been awarded to the Concessionaire, M/s Supreme Panvel IndapurTollways Pvt. Ltd. on
21.01.2011 with construction period of 910 days with a schedule date of completion as
16.06.2014. The Appointed Date (Commencement Date) is with effect from 19.12.2011. The
 accidents. What steps are being
taken to rectify it?
concession period of the project is 21 years. The project cost as per the Concession
Agreement was 942.69 Cr. The length of the project highway as per the Concession
Agreement is 84.64 km. The cumulative physical progress as on date is 78.30%. The project
highway in a length of 50.04 km is completed upto DBM level and 39.11 km upto BC level.
Keeping in view the pace of the project on site, the anticipated date for completion of the
project is June 2020. The reasons for delay in the project:

(i) Delay due to NBWL approval

(ii) Forest Clearances
(iii) Delayed land acquisition
(iv) Slow progress of works by the Concessionaire on account of financial problems of
the Concessionaire

The length of project highway under the jurisdiction of Regional Office- Mumbai is 84.6 km
and is generally in a linear alignment. Necessary provision has been made by the DPR
Consultant while designing the project to rectify the alignment in accordance with the
manual for four laning and the relevant IRC provisions. Suitable provision for cross movement
of traffic has been made by providing Vehicular Underpass, Pedestrian Underpass and flyover
including ROBs at proper locations.
The section of NH-66 from Indapur to Goa border is with National Highway divisions of State
PWD of Maharashtra and Goa.
63. What are the reasons for awarding Ministry invited bid for preparation of DPR for construction of Frontier Highways along China
the survey and investigation work border in Arunachal Pradesh in 9 separate packages on 19.01.2019 with bid due date on
for the proposed Arunachal 28/3/2019. MHA & State Government of Arunachal Pradesh is funding the cost of Preparation
Frontier Highway along the China
of DPR on 90:10 share.
border, to the lowest tender per
kilometre, a contractor who Position of DPOR is as under:
submitted the lowest bid of Rs. 1 Package Length Name of Financial Cost Final Negotiation
lakh per kilometre. Whether the No. (KM) Selected Quote Per amount concluded
reasonability of the bids bidder (Rs. In Km. after on
submitted by the bidders is lakh) (Rs in negotiation
considered by NHAI before lakh)
awarding the work, or the price of
the bid is the sole factor for the I 141 M/s Jindals 357.58 Due to low coated price
same? Consortium 2.54 the bid is being cancelled
 (Team-1)
II 200 Voyants 756.51 756.02 17-12-2019
Solution Pvt 3.78
Ltd. (Team
1)
III 201 Rodic 762.90 762.64 17-12-2019
Consultants 3.80
Pvt. (Team
1)
IV 225 M/s S.M. 381.98 Due to low coated price
Consultants 1.70 the bid is being cancelled
(Team 4)
V 183 M/s Theme 481.04 17-12-2019
Engineering 2.63
Services
Pvt. Ltd.
(Team 1)
VI 230 M/s S.M. 379-88 Due to low coated price
Consultants 1.65 the bid is being cancelled
(Team 4)
VII 166 M/s Rites 949.88 17-12-2019
Ltd. (Team 5.72
2)
VIII 185 M/s Jindals 466.13 Due to low coated price
Consortium 2.52 the bid is being cancelled
(Team-2)
IX 157 M/s 661.90 17-12-2019
Thoughts 4.22 661.90
Consultants
Jaipur Pvt.
Ltd. (Team
2)
1688 5, 197.79
 Per km cost quoted by different consultant varies from Rs. 1.65 lakh to Rs. 5.72 lakh. As per
Ministry's guidelines, per km cost for preparation of DPR is Rs. 5.00 lakh in hill area. Due to
excessive low quote &nonresponsive in negotiation meeting, the bid for 4 packages is being
cancelled. Negotiation meeting of remaining 5 packages already concluded. Work will be
awarded only after getting sanction of Tender based DPR estimate from MHA.
64. What are the budgetary There is no budgetary constraint with regard to NHAI / NHIDCL with respect to the projects in
constraints, if any with respect to the border and North Eastern regions.
the projects of NHAI/NHIDCL in
the border and North Eastern
Regions?
65. In the background note, it is NHAI has been entrusted mainly with the development of works under Bharatmala Pariyojana
stated that the present budgetary Phase-I, apart from some high density corridors. The funds are accordingly, allocated to NHAI
support is not adequate to out of Budgetary Resources, as per overall fund availability, fund requirements, inter-se-
meeting the capital expenditure
priority, etc. Apart from this, NHAI is also authorized to raise resources from market as part
requirement of NHAI ad that the
NHAI has increased its borrowing of Internal and Extra Budgetary Resources (IEBR) within overall approved financing plan of
to meet the investment Bharatmala Phase-I.
requirements. What is the NHAI has raised. Rs. 33,118 crore, Rs. 50,533 crore, Rs. 61,217 crore from IEBR during FY
quantum of cumulative debt of
2016-17, FY 2017-18 and FY 2018-19 respectively. Total outstanding of NHAI as on 31.10.2019
NHAI as on date and what has
been its trend during last five is Rs. 2,12,490 crore.
years? Whether NHAI debt for As regards the viability & sustainability of NHAI debt, it is stated that funds raised by NHAI
road infrastructure has been
are within the approved IBER and NHAI is focussing on debt management when raising
financially unviable and
unsustainable? resources.
66. The Bharatmala Pariyojana Projects are taken up on EPC or HAM mode depending on feasibility. There is also a provision
envisages development of 50 for taking up projects on VGF mode through PPP.
Economic Corridors which would
provide connectivity to 550
districts in the country through
NH linkages. The Committee has
learnt that Bharatmala is an area
based project and the traffic
density is not the factor. Can this
sort of a project be funded
densities to be self- sustaining on
 a tolling model? Whether the
Government has any proposal for
providing Viability Gap Funding to
road infrastructure projects under
Bharatmala?
67. As per the projections made by NHAI has been entrusted mainly with the development of works under Bharatmala Pariyojana
NHAI, the total cost of Phase I of Phase-I, apart from some high density corridors. The funds are accordingly, allocated to NHAI
BharatmalaPariyojana works out
out of Budgetary Resources, as per overall fund availability, fund requirements, inter-se-
to Rs. 8.34 lakh crore. How much
is this would be allocated from priority, etc. Apart from this, NHAI is also authorized to raise resources from market as part
the Budget, how much from of Internal and Extra Budgetary Resources (IEBR) within overall approved financing plan of
external budgetary resources and Bharatmala Phase-I.
how much would be debt-
financed?
68. How far the Government has been NHAI has been actively working on setting up an InvIT to monetize its completed and
able to convince the global operational national highways projects with the objective of mobilizing additional resources
private equity and pension fund through capital markets for which Cabinet has already given approval. NHAI will be able to
players to invest in National
securitize future cash inflows through an InvIT, as it allows the organisation to monetize
Highways. Please furnish details.
illiquid and stable cash generating infrastructure assets. It will attract long-term capital,
allowing the investors to have an indirect exposure in the projects. This proposition is more
attractive for foreign investors, which are hesitant to take direct exposure in projects.
InvIT shall be created with an aim to attract long term funding and projects shall be
transferred to the InvIT for a long-term (say 15-30 years) to ensure interest of investors such
as Pension Funds, Insurance Funds, etc.

Apart from this, the Ministry in August 2016, conveyed the Cabinet Committee on Economic
Affairs (CCEA) approval authorizing NHAI to monetize public funded NH projects which are
operational and are collecting toll for atleast 2 years through the Toll Operate Transfer (TOT)
model subject to approval of the Competent Authority in MoRTH/NHAI on case to case basis.

TOT model is a new concept for asset recycling to generate more resources for construction
of future highways which envisages long-term investment opportunity in the highway sector
with O&M obligations resting with the concessionaire during the concession period (30 years).
109 numbers of Toll Plazas were identified for TOT.
So far, NHAI has awarded two projects to Global Private Equity as follows:
 (1) TOT Bundle-1 awarded to M/s MAIF 2 Investments India 2 Pte. Ltd. with Bid
Concession Fee of Rs 9681.5 Cr. This amount is deposited on 28.8.19.
(2) TOT Bundle-3 has been awarded to M/s Cube Mobility Investment Fund Pte. Ltd. on
29.11.9 with Bid concession Fee of Rs 5011 cr.

Pension Funds have participated in TOT Bid but no project has been awarded till date to any
Pension Fund.

Further, to increase the investor base and project base, approval of CCEA has been obtained
in October, 2019 for including NH funded public projects which are operational and collecting
toll for the last one year and the concession period has now been reduced between 15-30
years.
TOT Bundle-4 is under bid process.
69. The amount of funds generated by NHAI has received an upfront amount of Rs. 9681.50 crore from monetization through TOT
NHAI from monetization of bundle-1 in FY 2018-19. Further, NHAI has awarded TOT Bundle 3 project on 29.11.2019 with
highways/assets so far. Details bid concession fee of Rs. 5011 crore.
may be furnished.
70. As per information furnished, a An overall financial outlay of Rs. 5,35,000 crores have been approved by the CCEA for
length of 8959 km has been estimated project expenditure based on the prevalent Land Acquisition and Civil Construction
awarded under Bharatmala Cost in the year 2017. However, the actual cost of Land Acquisition is about 3.5 times the
Pariyojana Phase I and the total
estimated cost and the prevailing costs of civil construction are 40% more than the estimated
capital cost worked out to be Rs.
223079 crores. Whether the total cost at the time of approval of CCEA.
capital cost of the awarded
projects exceeds the cost
approved by the Cabinet
Committee on Economics Affairs?
If so, by what per cent and the
reasons therefor?
71. Post introduction of PPP financing It is true that due to delay in land acquisition and other statutory clearances, under and over
regime, the road and highways estimation of traffic projection affecting revenue as well as present industry situation where
sector has witnessed significant lenders are not taking much interest in financing the highway project, bidder attention had
private investment through PPP
reduced in PPP project. Keeping in view, the present industry practice as well as lenders
projects. Whether factors such as
delay in construction, lower than comfort, proposal for amendment in BOT (Toll) Model Concession Agreement is under
estimated revenue, land consideration.
acquisition issues etc. have
resulted in a downturn and
waning of interest in PPP
projects? If so, what initiatives
have been taken by the Ministry
to revive the sector?
The Government has amended the Arbitration and Conciliation Act, 1996 by way of
amendment Act 2015 and thereafter in 2019. According to the amendment, Government has
notified the Institutional Arbitration in-spite of ad-hoc Arbitration, so that the awards can be
passed by the specialized Arbitrators within stipulated time.
NHAI alongwith National Highway Builders Federation (NHBF) has established a Society named
Society for Affordable Redressal of Dispute (SAROD) under Society Registration Act 1860 on
25.10.2013 and having its own Rules and panel of Arbitrators. Further, SAROD is trying to
enter into a MOU with some institutional Arbitration Centre of excellence to improve
functioning of SAROD and quality Arbitration.
Further, recently the Cabinet has approved the proposal of NITI Aayog to review construction
sector by involving the authority to seek DOLA views before filing appeal in the arbitrate
award. By relaxing the condition of providing interest on bank guarantees on deputed
amounts in such appeals by concessionaires will unlock capital with player to executes
projects.
The CCEA considered the proposal of NITI Aayog in its meeting held on 20 th November, 2019
and approved the following:
i) With respect to arbitral awards decided in favour of the
contractors/concessionaires, the concerned Government entity will take the
decision to initiate proceedings for setting aside of the arbitral award, and any
appeal (s) thereto, with the opinion of a Law Officer-Attorney General of India/
the Solicitor-General of India/The Additional Solicitor-General of India-in
consultation with the Department of Legal Affairs (DOLA) at the Ministry of Law
and Justice as per the procedure laid down in this respect. DOLA is to ensure that
the aforementioned process of soliciting and communicating the opinion of Law
Officer to the concerned Government Entity is completed within 30(Thirty) days
of the receipt of request
In case where the Government entity has challenged the arbitral award, and, as a result, the
amount of the arbitral award has not been paid, 75% of such award will be paid by the
Government Entity to the contractor/concessionaire against a Bank guarantee only for the
said 75% and not for its interest components. With respect to the interest payable to the

72. Whether any initiative has been
taken to set up independent
regulator for the road and
highways sector to regulate
private players and boost the
dispute resolution mechanism? If
so, the details thereof.
73. How much more money need to
be raised through PPPs to meet
the targets set for Bharatmala?
74. What steps have been taken/are
proposed to be taken to attract
more private investments in the
road and highways sector?
75. One of the major road blocks
facing project contractors in
project implementation is the
shortcomings in DPR preparation.
What steps have been taken to
Government Entity, should the subsequent Court order require refund of the said 75%,
payment of the same will be as per the Court order, non-compliance of which by the
contractor/concessionaire would be a contempt of Court. And, the concerned Government
Entity will have the right to recover the said interest by way of legal/judicial remedies. In
cases where bank guarantees for the interest components has already been submitted by the
contractor/concessionaire, the same will be returned by the concerned Government entity.
Should the court order prescribed the rate of interest, the same will prevail.
NHAI has established a system of Conciliation of disputes for amicable settlement through
appointment of Conciliation Committees comprising of Independent Experts in order to
ensure speedy disposal of pending or new cases. As on 19.12.2019, there are three nos. of
such Conciliation Committees of Independent Experts (CCIEs). 59 cases have been referred to
the CCIEs, out of which 31 nos. of cases are ongoing, 20 nos. of cases have been settled and 8
nos. of cases have failed.
In the preliminary assessment, it was felt that about 10% of projects under Bharatmala will be
awarded on BOT mode. However, quantum of the projects to be awarded on BOT will depend
on market response, project viability, budgetary allocation by the Ministry, borrowing
capacity of NHAI etc. The prime objective of NHAI is to implement Bharatmala Pariyojana
Phase-I.
In order to attract more private investment in the Road and Highways sector, amendment in
the Model Concession Agreement for Build-Operate-Transferred (BOT) model to address major
operational issues relating to condition precedents for declaration of appointed date, capping
of liabilities, dispute resolution mechanism, apart from other related issues is under
consideration.
In addition, NHAI has been authorized to set-up Infrastructure Investment Trust (InvIT) to
Monetize completed and operational National Highways which have track record of
collections of tolls for more than one year and NHAI reserves the right to levy toll on
identified National Highways. InvIT is expected to attract patient capital to the Indian
Highways market. Retail domestic savings and corpus of Special Institutions (such as Mutual
Fund, PFRDA etc.) are expected to be invested in Infrastructure Sector through InvIT.
In order to weed out fake CVs, the consultants are compulsorily required to get themselves
registered on Infracon Portal which is in public domain. 80% weightage is given to the
technical capability of the consultant while awarding the project.
 prepare good quality DPRs to
ensure that all the technicalities
are addressed?
76. What is the share of NPAs of NPAs is decided by banks. Hence, information in this regard is not available with MoRTH.
banks out of total advances in the The same is also not available in public domain and may be available with RBI.
road sector?
77. Whether it is fact due to high
NPAs in Road Sector, the banks
are now wary of lending to the
road sector projects because of
which private players are finding
it difficult to raise finances for
road projects? How many HAM
projects, where the developer is
responsible for maintenance of
road for 15 years, have been
hamstrung by lack of funds due to
this phenomenon?
78. Whether Indian developers’ NHAI invites bids through international competitive bidding where bidders are encouraged to
balance sheets are stretched due visit the site and do all surveys before bidding for a project. In BOT projects, the revenue
to numerous factors like over- risk lies with the developer. However, there have been instances where the traffic
aggressive bidding, pending claims
assessment of the bidder went wrong for which he is solely responsible. While macro-
with the NHAI, poor pre-project
assessment of traffic and less than economic conditions are beyond the direct control of NHAI, we have through various policy
estimated returns from projects initiatives like premium deferment, one time fund infusion etc. tried to bail out the project.
due to changing macro-economic
conditions? What measures have
been taken to overcome these
challenges?
79. What is the level of coordination There is close liaison with the State authorities for all the preconstruction activities like land
with State Governments in terms acquisition, utility shifting, tree cutting etc. Moreover, law and order which is the state
of highways including State subject, support from law enforcing agencies are required for which there is requisite
Highways and the areas of
coordination at appropriate level.
differences identified for
resolution during the last three
years, including the steps taken to
resolve the same?