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Dispute Redressal Mechanism in Road Sector

 The Union Government has an effective dispute redressal mechanism for resolving the problems with regard to road sector

Under dispute redressal mechanism for item rate contracts, the disputes are referred to Dispute Review Board (DRB) comprising three Members (one each to be appointed by the Employer & Contractor and 3rd is chosen by other two) as retired Chief Engineer & above and having experience in the similar type of works involved in the Contract. If any party is aggrieved with the recommendations of DRB, the disputes can be referred to an Arbitral Tribunal comprising three Members (one each to be appointed by the Employer & Contractor and 3rd is chosen by other two). If aggrieved by the Arbitral Award, the aggrieved party can take recourse to move to Court of Law.

For Public Private Partnership (PPP) contracts an attempt for amicable settlement is made by holding discussions between the Chief Executive Officer (CEO) of the Concessionaire and the Competent Authority of Employer. If the attempt of amicable settlement fails, the disputes can be referred to an Arbitral Tribunal comprising three Members (one each to be appointed by the Employer & Contractor and 3rd is chosen by other two). If aggrieved by the Arbitral Award, the aggrieved party can take recourse to move to Court of Law.

Apart from Dispute Resolution Mechanism provided in the agreement of National Highways contracts, PMO has constituted B.K. Chaturvedi Committee for faster resolution of disputes pending for National Highways Development Project (NHDP) works. An Independent Expert Group (IEG) has been constituted comprising former Chief Justice of High Court as Head and former Deputy C&AG, former Vigilance Commissioner & former DG(RD) & SS, MoRTH as Members of IEG.

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