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Union of India - Section

Section 3 in The National Highways Rules, 1957

3. Estimate of work, its commencement, completion, etc

(1)Where the estimates of the cost for the execution of any original work on a national highway exceeds [Rs.50 lakhs] [Substituted by Section O. 855(E), dated 5.11.1993, for " Rs. 25 lakhs" (w.e.f. 5.11.1993).] , a detailed estimate of the cost for the execution of the work shall be forwarded by the executing agency to the Central Government in such form as the Central Government may specify in that behalf and that Government may accord technical approval and financial sanction to such estimate subject to such conditions as it may think fit to impose.
(2)Where the estimate of the cost for the execution of any original work on a national highway does not exceed [Rs. 50 lakhs] [Substituted by Section O. 855(E), dated 5.11.1993, for " Rs. 25 lakhs" (w.e.f. 5.11.1993).] , technical approval and financial sanction to such estimate for the execution of such work may be accorded by the executing agency concerned subject to the conditions specified in the Schedule annexed to these rules.
(3)The executing agency shall undertake detailed survey and investigations with regard to the work specified in sub-rules (1) and (2), as the Central Government may specify and a certificate to that effect shall accompany all proposals.
(4)The estimate relating to the acquisition of land, shall be prepared by the executing agency and submitted for sanction to the Central Government well in advance of the estimates for the work component.
(5)For the work referred to in sub-rule (1), the proposals shall be sent to the Central Government in stages in the following order:
(a)a technical appraisal note indicating the proposal in the form specified by the Central Government in this behalf;
(b)a project estimate on the basis of a technical parameters laid down by the Central Government in this regard.
(6)
(a)The Central Government shall on, receipt of the documents referred to in clauses (a) to (b) of sub-rule (5),examine the same and if it is of the opinion that they are in accordance with approved standard, shall accord technical approval and financial sanction for such work subject to such conditions as it may thinks fit to impose.
(b)The technical approval and financial sanction accorded under clause (a) shall lapse after [one year] [Substituted by Section O. 855(E), dated 5.11.1993, for " two year" (w.e.f. 5.11.1993).] from the date of its issue in case the work is not commenced within that period:
Provided that where the Central Government is of the opinion that the technical appraisal note or project estimate is not in accordance with the approved standard, it may return the same to the executing agency for bringing it in accordance with the approved standard.
(7)For the work referred to in sub-rule (2), a detailed estimate shall be prepared by the executing agency and only the general abstract of cost along with detailed information as the Central Government may specify, shall be forwarded to that Government for accord of administrative approval subject to the conditions specified in the Schedule annexed to the rules.
(8)Save in exceptional cases, where acquisition of land is necessary for the execution of any work referred to in sub-rules (1) and (2),sanction to such work shall not be accorded by the Central Government or, as the case may be, by the executing agency, unless such acquisition has been given effect to, or on acquisition of such section of land which in the opinion of the Central Government or the executing agency as the case may be would facilitate traffic even if work is completed on such section of land.
(9)No original work on any national highway shall be commenced by the executing agency until technical approval and financial sanction thereon has been accorded by the appropriate sanctioning authority:Provided that in case of work arising out of emergency such as flood, earthquake or any other force majeure , the commencement of which cannot be postponed, maybe commenced immediately but the executing agency shall immediately report to the Central Government the nature of the emergency and the approximate expenditure involved.
(10)The project estimate referred to in clause (b)of sub-rule (5) shall contain a time schedule in calender months for execution of the project in the following manner and all the activities shall be related thereto:
(a)Pre-construction stage.
Issue of notice inviting tender:receipt of tender; andfinalisation of tender from the date of sanction of estimate.
(b)Construction stage.
Period of completion of various activities forming part of the work from the date of award of work.
(11)
(a)The tenders for the execution of work shall be invited by the Officers empowered by the Central Government or the executing agency as the case may be, to accept them.
(b)The work shall be tendered in the form specified by the Central Government in this regard.
(c)Save as exceptional cases with the prior approval of the Central Government, the executing agency shall ensure that the work of all components in the project estimate is awarded to a single contractor and that the components in the project estimate are not split horizontally.
(12)Classification of contractors.
(a)The executing agency shall ensure that contractors are classified for jobs of various sizes, taking into consideration, employment of qualified engineers, kind of machinery and expertise available with them and the total workload which they can handle at a given time;
(b)The contractors for works of intricate nature or costing more than a specified amount a specified from time to time by the Central Government shall be considered for prequalification.
(13)Quality control. - The executing agency shall follow the directions issued by the Central Government from time to time for exercising quality control of national highway works as also the modes of utilising the quality control provision made in the estimates of work sanctioned by the Central Government of the executing agency as the case may be.
(14)
(a)The machinery wherever supplied by the Central Government shall be used in the execution of the work for which it was supplied.
(b)The executing agency shall be responsible for maintenance records, history sheets, plant data sheets and log books for the machinery supplied by the Central Government as well as hire charge account,expenditure account on maintenance and repairs, as specified from time to time by the Central Government.
(c)The executing agency shall maintain accounts of the machinery provided by the Central Government as per PWD Code.
(d)The machinery supplied by the Central Government and the records referred to in clauses (b) and (c)shall be made available for inspection by the officers of the State Government and the Central Government at all reasonable times.
Substituted by Section O. 496(E), dated 10.8.1986, for Rule 3 (w.e.f. 20.8.1986).