10. [ Utilisation of space beneath the road, over bridges or flyovers [Added by Section O. 699(E), dated 17.9.1993 (w.e.f. 17.9.1993).]
.The Central Government, where it deems fit, may accord permission to the State Government or the Government of a Union Territory, as the case may be, for utilisation of space beneath the road, over bridges or flyovers on national highways for which an yearly licence fee which shall be either(i)a percentage of capital cost; consisting of the cost of land and the cost, if any, incurred by the Central Government for covering or enclosing the space beneath the approach spans of road, over bridges or flyovers and for providing sanitary, water supply and electric installations, equal to such rate of interest as may from time to time be fixed by the President under FR 45-A plus an addition for house or property tax, if any, payable by Government in respect of the covered space and for maintenance and repairs of the covered structure, or(ii)Six per cent. per annum of such capital cost, whichever is less, shall be fixed and levied on the terms and conditions as may be laid down by the Central Government in this respect.The rate of licence fee to be levied as above, shall be subject to revision after every five years to take into account any change in the market value of the land.][Inserted by Section O. 680(E), dated 15.10.1976 (w.e.f. 15.10.1976).][The Schedule][See rule 3(2)]Conditions for the issue of technical approval and financial sanction to plan and estimate for execution of any original work on a national highway costing an amount not exceeding [Rs . 50 lakhs] [Substituted by Section O. 855(E), dated 5.11.1993, for " Rs. 25 lakhs" (w.e.f. 5.11.1993).] by the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] concerned.(1)[ The executing agency shall prepare detailed estimate and working drawings but forward to the Central Government for approval only the general abstract cost in respect of the works contained in the approved annual programme of works costing upto Rs . 50lakhs for a particular year. However, for projects involving surveys and investigations and land acquisitions the detailed estimate and drawings in the form specified by the Central Government shall be forwarded for approval. The executing agency shall accord technical approval and financial sanction to the detailed estimate already prepared in advance within three months form the date of according administrative approval by the Central Government and shall commence execution of the work within one year from the date of according administrative approval failing which, the administrative approval accorded by the Central Government shall stand cancelled automatically and the executing agency shall approach the Central Government for fresh administrative approval for the said work.] [Substituted by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).](2)(a)Permissible job sizes shall be regulated according to description given in the annual plan works programme mentioned under condition (1) and the work shall not be split up.(b)In the case of items [in the Annual Plan] [Inserted by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).]saving lump sum provision (such as improvement ofgeometrics, stabilising , slipping reaches, raising roads in submersible sections) each specific location supported by requisite details shall be treated individually.(3)Technical approval and financial sanction shall be accorded only in respect of such items of work for which specific provision has been made in the budget during the year for the individual work on the basis of the approval given under condition (1).(4)While sanctioning detailed estimates, the executive agency shall ensure that the rough cost estimate for the work appearing in the budget estimates accepted by the Central Government for presentation to Parliament is not exceeded by more than fifteen per cent. or the total cost of detailed estimate to be sanctioned by that agency, in no case exceeds [rupees fifty lakhs] [Substituted by Section O. 855(E), dated 5.11.1993, for " rupees twenty-five lakhs" (w.e.f. 5.11.1993).] , whichever is less.(5)Abstract of cost of sanctioned detailed estimates in all cases shall be submitted by the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] in respect of the works sanctioned by that agency and in the case of bridge estimates, in addition a general outline drawing shall also be submitted. Abstract of cost of sanctioned detailed estimates shall give justification for excess, if any,referred to under condition (4).(6)Progress reports in respect of all works sanctioned by the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] shall be submitted to the Central Government, in such form and at such periodicity as may be required by the Central Government from time to time.(7)Technical approval and financial sanction to plans and estimates for execution of any original work on a national highway shall be accorded by the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] only after the approval of an officer of the rank of Chief Engineer or Additional Chief Engineer or Principal Engineer in-charge of national highway works has been obtained.[* * *] [Conditions (8) and (9) omitted by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).](8)[] [Renumbered by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).] In the matters relating to technical approval and financial sanction, the following procedure shall be followed, namely:(i)In case of the works where standards and designs adopted in the estimates are in accordance with the Indian Roads Congress Code and specifications and any other relevant instructions, guidelines, standard bridge designs, etc., issued by the Central Government from time to time, copies of the sanctions accorded by the executive agency shall invariably be endorsed to the Regional Officers concerned of the Ministry in the Central Government dealing with national highways along with complete copy of the estimate so that even after sanction, they could examine the matter and bring to the notice of executive agency deviations from such Code, specifications, instructions, guidelines,standard bridge designs, if any.(ii)[ Where for any work, the deviations from approved standards, specifications,instructions and guidelines issued by the Central Government have to be made due to local conditions, no work shall be sanctioned by any executing agency unless a complete copy of the estimate is furnished to the Regional Officer concerned of the Ministry in the Central Government dealing with National Highways, who shall forward the same to the Central Government with his comments thereon for approval. Technical approval and financial sanction may be issued by the executing agency only after such approval.] [Substituted by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).][* * *] [Clause (ii) omitted by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).](iii)[] [Renumbered by Section O. 855(E), dated 5.11.1993 (w.e.f. 5.11.1993).] After the budget estimates have been accepted by the Central Government, the funds likely to be available for the work shall be intimated to the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] concerned. Work-wise allotment of funds shall be made by the Central Government and the same shall also be communicated to the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] concerned for further necessary action as soon as the budget is passed by the Parliament. Sanction for entering into financial commitments may be accorded by the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] only after the budget is passed by the Parliament and the same is intimated to the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).]. All other actions including technical sanction to the project, calling and receipt of tenders,negotiation for their settlement, etc., may, however, be taken by the [executing agency] [Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).] as soon as the acceptance of the budget estimate by the Central Government has been intimated to it.[Substituted by Section O. 496(E), dated 20.8.1986 (w.e.f. 20.8.1986).]
