khandwa-burhanpur road - Madhya Pradesh Road Development ...

AMENDMENTS IN THE DRAFT CONCESSION AGREEMENT AND SCHEDULES FOR KHANDWA-BURHANPUR 

ROAD PROJECT 

S.No. In the Draft Concession Agreement Amended as 

1 27.4 Free use of service road 

27.4.1 Notwithstanding anything to the contrary contained in this 

Agreement, upon construction of service lanes, the Local Traffic, 

Tractors, animal-drawn vehicles and two-wheelers shall be entitled 

to free use thereof, and the Concessionaire shall be entitled to 

refuse entry of such vehicles on the carriageway of the Two-Lane 

Project Highway, except on payment of Fee in accordance with the 

Fee Notification. For the avoidance of doubt, it is agreed that the 

Concessionaire shall be entitled to set up temporary or permanent 

Fee collection booths, entry barriers or such other restriction on 

the service lanes, as may reasonably be necessary for preventing 

such evasion in accordance with the provisions of Clause 27.8. 

27.4.2 Any motorised vehicle, not being a Tractor, animal-drawn vehicle, 

three-wheeler, Motor Cycle or a vehicle of Local User, using the 

service road forming part of the Project Highway shall be liable to 

payment of Fee as if it was using the Project Highway. For the 

avoidance of doubt, a vehicle which is not liable to payment of Fee 

for use of any section of the Project Highway shall not be required 

to pay Fee if it is using a service road in that section of the Project 

Highway. 

27.4 Free use of service road 

27.4.1 Notwithstanding anything to the contrary contained in 

this Agreement, upon construction of service lanes, the 

Local Traffic, Tractors, animal-drawn vehicles and 

two-wheelers shall be entitled to free use thereof, and 

the Concessionaire shall be entitled to refuse entry of 

such vehicles on the carriageway of the Two-Lane 

Project Highway, except upon payment of Fee in 

accordance with the Fee Notification. For the 

avoidance of doubt, it is agreed that the 

Concessionaire shall be entitled to set up temporary or 

permanent Fee collection booths, entry barriers or such 

other restriction on the service lanes, as may 

reasonably be necessary for preventing such evasion in 

accordance with the provisions of Clause 27.8. 

27.4.2 Any motorised vehicle, not being Local Traffic, using 

the service lane shall be liable to payment of Fee as if 

it was using the Project Highway.

1 27.8 Fee collection points 

Fee shall ordinarily be collected at the Toll Plazas from vehicles 

crossing the Toll Plazas and using the whole or part of the Project 

Highway; provided that for preventing evasion of Fee by any 

vehicle circumventing one or both of the Toll Plazas and using the 

whole or part of the Project Highway [located between such Toll 

Plazas], the Concessionaire shall be entitled to set up at its own 

risk and cost, and in consultation with the Independent Engineer, 

its temporary or permanent Fee collection booths, or impose such 

other restrictions on entry to the Project Highway, as may 

reasonably be necessary for preventing such evasion. For the 

avoidance of doubt, the Concessionaire hereby acknowledges and 

agrees that it shall not determine or collect Fee from Users who 

[only use part of the Project Highway which is situated between 

the two Toll Plazas OR only use part of the Project Highway 

situated on any one side of the Toll Plaza. 

2 27.12 Deemed Shadow Fee 

Fee shall ordinarily be collected at the Toll Plaza(s )from 

vehicles crossing the Toll Plaza(s) and using the whole or part 

of the Project Highway; provided that for preventing evasion 

of Fee by any vehicle circumventing one or both of the Toll 

Plaza(s) and using the whole or part of the Project Highway 

[located between such Toll Plazas], the Concessionaire shall 

be entitled to set up at its own risk and cost, and in 

consultation with the Independent Engineer, its temporary or 

permanent Fee collection booths, or impose such other 

restrictions on entry to the Project Highway, as may 

reasonably be necessary for preventing such evasion. For the 

avoidance of doubt, the Concessionaire hereby acknowledges 

and agrees that it shall not determine or collect Fee from 

Users who do not use any part of the Project Highway which 

is situated between the two Toll Plazas OR only use part of 

the Project Highway situated on any one side of the Toll 

Plaza. It is further acknowledged and agreed that the 

restrictions hereunder shall not extend beyond a distance of 10 

(ten) kilometers from the Toll Plaza(s) and the provisions of 

this clause 27.8 shall be so enforced as to minimize 

inconvenience to User who are not liable to payment of fee. 

This clause stands deleted 

27.12.1 The Parties expressly agrees that as on COD, an aggregate of 

2038 (two thousand thirty eight) PCUs per day shall be deemed 

to represent the vehicles which are exempted from payment of 

Fee in accordance with the Fee Notification and this Agreement 

(the “Exempt PCUs”). The Parties further agrees that 

notwithstanding the actual traffic on the Project Highway, the 

Concessionaire shall be deemed to have forgone the Fee revenues 

in respect of the aforesaid number of exempt PCUs and the 

MPRDC shall pay to the Concessionaire a deemed Shadow Fee

in respect thereof (the “Deemed Shadow Fee”) to be computed 

in accordance with this Clause 27.12. 

27.12.2 For computing the Deemed Fee hereunder the Exempt PCUs 

specified in Clause 27.12.1 shall be deemed to be Cars that are 

liable to payment of Fee at the rate applicable on COD. For the 

avoidance of doubt and by way of illustration, if the number of 

Exempted PCUs is 100 (one hundred and the Fee for a Car using 

the entire Project Highway on COD is ` 50.00 (Rupees Fifty), 

the Deemed Shadow Fee for 2 (one) year shall be ` 18,25,000.00 

(Rupees eighteen lacs and twenty five thousand). 

27.12.3 The Deemed Fee in respect of the 1 st (first) year commencing 

from COD shall be due and payable within 30 (thirty) days of 

COD and an equivalent amount shall be due and payable on the 

2 nd (second) anniversary of COD and on every anniversary 

thereafter until the 10 th (tenth) anniversary of COD, save and 

except upon occurrence of Termination. For the avoidance of 

doubt, the Parties expressly agrees that no claim or compensation 

for any variation in traffic shall, rate of Fee or any other ground 

shall be made by either Party and the Deemed Shadow Fee 

specified herein shall be payable as a pre-determined fixed 

amount. 

27.12.4 This amount of Deemed Shadow Fee shall be credited to the 

Escrow Account as and when due, but not later than one month 

of receiving a request from the Concessionaire. 

27.12.5 In the event of occurrence of a Concessionaire Default, 

disbursement of Deemed Shadow Fee shall be suspended till 

such Concessionaire Default has been cured by the 

Concessionaire.

3 28.1 Revenue Shortfall Loan 

28.1.1 If the Realisable Fee in any Accounting Year shall fall short of the 

Subsistence Revenue as a result of an Indirect Political Event, a 

Political Event or a Government Default, as the case may be, 

MPRDC shall, upon request of the Concessionaire, to allow the 

Concessionaire to avail accommodation for such shortfall by way 

of a loan (the “Revenue Shortfall Loan”) from any bank. 

28.1.2 If the half-yearly results of the Concessionaire indicate that the 

shortfall referred to in Clause 28.1.1 and contemplated for an 

Accounting Year has arisen in respect of the first 6 (six) months 

thereof, the Concessionaire shall be entitled to a provisional 

Revenue Shortfall Loan; provided that, no later than 60 (sixty) 

days after the close of such Accounting Year, the Concessionaire 

shall either repay the provisional loan with interest or adjust it 

against the Revenue Shortfall Loan, if any, as may be due to it 

under this Clause 28.1. 

28.1.3 The Government shall disburse the Revenue Shortfall Loan or the 

provisional Revenue Shortfall Loan, as the case may be, within 30 

(thirty) days of receiving a valid request from the Concessionaire 

along with the particulars thereof including a detailed account of 

the Indirect Political Event, Political Event or the Government 

Default, as the case may be, and its impact on the collection of 

Fee. 

28.1 Revenue Shortfall Loan 

If the Realisable Fee in any Accounting Year shall fall 

short of the Subsistence Revenue as a result of an 

Indirect Political Event, a Political Event or a MPRDC 

Default, as the case may be, MPRDC shall, upon 

request of the Concessionaire, to provide a loan for 

meeting such shortfall (the” Revenue Shortfall 

Loan”) at an interest rate equal to 2% (two percent) 

above the Bank Rate. 

If the half-yearly results of the Concessionaire indicate 

that the shortfall contemplated for an Accounting 

Year has arisen in respect of the first 6 (six) months 

thereof, the Concessionaire shall be entitled to a 

provisional Revenue Shortfall Loan; provided that, no 

later than 60 (sixty) days after the close of such 

Accounting Year, the Concessionaire shall either repay 

the provisional loan with interest or adjust it against 

the Revenue Shortfall Loan, if any, as may be due to it 

under this Clause 28.1. 

MPRDC shall disburse the Revenue Shortfall Loan or 

the provisional Revenue Shortfall Loan, as the case 

may be, within 30 (thirty) days of receiving a valid 

request from the Concessionaire along with the 

particulars thereof including a detailed account of the 

Indirect Political Event, Political Event or the MPRDC 

Default, as the case may be, and its impact on the 

collection of Fee.

28.2 Repayment of Revenue Shortfall Loan 

A sum equal to 50% (fifty per cent) of the ‘profit before tax’ of the 

Concessionaire, as and when made, shall be earmarked for 

repayment of the Revenue Shortfall Loan and interest thereon, and 

paid by the Concessionaire to MPRDC within 90 (ninety) days of 

the close of the Accounting Year in which such profits have been 

made; provided that the Concessionaire shall repay the entire 

Revenue Shortfall Loan and interest thereon no later than one year 

prior to the expiry of the Concession Period and in the event that 

any sum remains due or outstanding at any time during such 

period of one year, MPRDC shall be entitled to terminate this 

Agreement forthwith. For the avoidance of doubt, it is agreed that 

the repayment of Revenue Shortfall Loan shall be in accordance 

with and subject to the provisions of Article 31. 

Repayment of Revenue Shortfall Loan 

A sum equal to 50% (fifty per cent) of the ‘profit 

before tax’ of the Concessionaire, as and when made, 

shall be earmarked for repayment of the Revenue 

Shortfall Loan and interest thereon, and paid by the 

Concessionaire to MPRDC within 90 (ninety) days of 

the close of the Accounting Year in which such profits 

have been made; provided that the Concessionaire 

shall repay the entire Revenue Shortfall Loan and 

interest thereon no later than one year prior to the 

expiry of the Concession Period and in the event that 

any sum remains due or outstanding at any time during 

such period of one year, MPRDC shall be entitled to 

terminate this Agreement forthwith. For the avoidance 

of doubt, it is agreed that the repayment of Revenue 

Shortfall Loan shall be in accordance with and subject 

to the provisions of Article 31 

4 29.1 Effect of variations in traffic growth 

29.1.1 The Government and the Concessionaire acknowledge that the 

traffic as on October 1, 2023 (the “Target Date”) is estimated to 

be 9532 PCUs per day (the “Target Traffic”) , and hereby agree 

that for determining the modifications to the Concession Period 

under this Article 29, the actual traffic on the Target Date shall be 

derived by computing the average of the traffic as determined by 

traffic sampling to be undertaken, in accordance with Clause 22.3, 

on the date that falls one year prior to the Target Date, on the 

Target Date and on the first anniversary of the Target Date (the 

“Actual Average Traffic”). For the avoidance of doubt, it is 

agreed that traffic sampling shall be undertaken for a continuous 

period of 7 (seven) days during anytime within 15 (fifteen) days 

29.1 Effect of variations in traffic growth 

The Government and the Concessionaire acknowledge that 

the traffic as on October 1, 2035 (the “Target Date”) is 

estimated to be 18314 PCUs per day (the “Target Traffic”) , 

and hereby agree that for determining the modifications to the 

Concession Period under this Article 29, the actual traffic on 

the Target Date shall be derived by computing the average of 

the traffic as determined by traffic sampling to be undertaken, 

in accordance with Clause 22.3, on the date that falls one year 

prior to the Target Date, on the Target Date and on the first 

anniversary of the Target Date (the “Actual Average 

Traffic”). For the avoidance of doubt, it is agreed that traffic 

sampling shall be undertaken for a continuous period of 7

prior to the date specified herein and the average thereof shall be 

deemed to be the actual traffic. It is further agreed that if the 

Project Highway shall have two or more Toll Plazas, the average 

traffic thereof shall be computed for determining the Actual 

Average Traffic hereunder. 

(seven) days during anytime within 15 (fifteen) days prior to 

the date specified herein and the average thereof shall be 

deemed to be the actual traffic. It is further agreed that if the 

Project Highway shall have two or more Toll Plazas, the 

average traffic thereof shall be computed for determining the 

Actual Average Traffic hereunder. 

4 Schedule A, B, C , D .F, K , L , Q, R, S & T Revised Schedules annexed.

Khandwa – Dedhtalai – Burhanpur road 

SCHEDULE-A 

(See Clause 10.1) 

SITE OF THE TWO LANE PROJECT HIGHWAY 

1 THE SITE 

Site of the two lane Project Highway shall include the land, structures and 

road works as described in Annex-I of this Schedule-A. 

An inventory of the Site including the land, structures, road works, trees 

and any other immovable property on or attached to the Site shall be prepared 

jointly by the Authority Representative and the Concessionaire and such inventory 

shall from part of the memorandum refereed to in Clause 10.3.1 of the Agreement. 

Additional land required for Toll Plazas, [Traffic Aid Posts, Medical Aid 

Posts and vehicle rescue posts or for] construction of works specified in Change of 

Scope Order issued under clause 16.2.3 of this agreement shall be acquired in 

accordance with the provisions of clause 10.3.6 of this Agreement. Upon 

acquisition, such land shall form part of the Site and vest in the MPRDC. 

______________________________________________________________________ 

MPRDC-Bhopal December, 2010


1.0 General 

1.1 The Site 

Annex-I 

(Schedule-A) 

Site for Two Laning 

Khandwa – Dedhtalai (up to Maharashtra Border)– Burhanpur road is a segment of 

SH-50 situated on Southern part of Madhya Pradesh State having existing total length of 

127.440 km. The Project Road for widening and upgrading of existing road starts from 

Khandwa (km.0/500) and passing through Dedhtalai (upto Maharashtra Border) then 

terminates near Burhanpur (Km 04/730). 

Under the proposal, existing carriageway from Chainage start (Khandwa-km 0/500) to end 

(Burhanpur-Km 04/730) is proposed to be widened to two-lane undivided carriageway 

width with 2.5m wide granular shoulder in rural and 1.5 m paved shoulder in Built-up area 

on either side of the project road. 

2.0 Description of Project Highway 

An index map and location plan of the project highway is given at Figure 1. (Enclosed) 

2.1 (a) Referencing System 

Along the existing road, kilometer stones are fixed in entire length of the project 

highway. It is called as “Existing km Chainage”. During topographical survey with 

Total Station, observations made are referred to “Design Chainage”. In addition to 

the above following provisions have been made to assign “Design Chainage”. 

a) Design of horizontal alignment independent of any reference chainage; 

b) Design chainage assigned in increasing order with respect to start point and 

irrespective of any change in PWD chainage in between. 

The relationship between the “Existing km Chainage Vs. the Design Chainage” is given at 

Table A-1. 

Table A-1: Existing Vs. Design Chainage 

Existing Chainages 

Proposed chainages 

Khandwa – Dedhtalai 

0.50 1.00 0.00 0.33 

1.00 2.00 0.33 1.30 

2.00 3.00 1.30 2.35 

3.00 4.00 2.35 3.36 

4.00 5.00 3.36 4.36 

5.00 5.29 4.36 4.65 

5.29 5.75 4.65 5.11 

5.75 6.00 5.11 5.37 

6.00 6.40 5.37 5.77 

6.40 6.46 5.77 5.82 

6.46 7.00 5.82 6.34 

7.00 8.00 6.34 7.30 

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8.00 9.00 7.30 8.30 

9.00 9.20 8.30 8.50 

9.20 9.41 8.50 8.71 

9.41 9.62 8.71 8.90 

9.62 9.90 8.90 9.18 

9.90 10.00 9.18 9.28 

10.00 10.30 9.28 9.58 

10.30 11.00 9.58 10.27 

11.00 11.73 10.27 11.00 

11.73 12.73 11.00 12.00 

12.73 14.00 12.00 13.24 

14.00 15.00 13.24 14.00 

15.00 15.74 14.00 15.00 

15.74 17.00 15.00 16.29 

17.00 18.00 16.29 17.30 

18.00 18.41 17.30 17.71 

18.41 18.88 17.71 18.19 

18.88 19.00 18.19 18.31 

19.00 20.00 18.31 19.33 

20.00 21.00 19.33 20.35 

21.00 22.00 20.35 21.35 

22.00 23.00 21.35 22.35 

23.00 24.00 22.35 23.35 

24.00 25.00 23.35 24.35 

25.00 25.40 24.35 24.75 

25.40 26.00 24.75 25.34 

26.00 27.00 25.34 26.34 

27.00 28.00 26.34 27.34 

28.00 29.00 27.34 28.34 

29.00 30.00 28.34 29.34 

30.00 30.40 29.34 29.84 

30.40 31.00 29.84 30.34 

31.00 31.66 30.34 31.00 

31.66 32.54 31.00 31.88 

32.54 32.58 31.88 31.94 

32.58 32.93 31.94 32.29 

32.93 33.00 32.29 32.36 

33.00 33.50 32.36 32.85 

33.50 34.00 32.85 33.35 

34.00 34.39 33.35 33.74 

34.39 35.00 33.74 34.35 

35.00 36.00 34.35 35.34 

36.00 37.00 35.34 36.34 

37.00 38.00 36.34 37.34 

38.00 39.00 37.34 38.34 

39.00 40.00 38.34 39.33 

40.00 40.32 39.33 39.65 

40.32 40.42 39.65 39.75 

40.42 41.00 39.75 40.33 

41.00 42.00 40.33 41.33 

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42.00 43.00 41.33 42.34 

43.00 44.00 42.34 43.32 

44.00 45.00 43.32 44.50 

45.00 46.00 44.50 45.32 

46.00 47.00 45.32 46.31 

47.00 48.00 46.31 47.31 

48.00 48.21 47.31 47.52 

48.21 48.31 47.52 47.63 

48.31 49.00 47.63 48.32 

49.00 49.13 48.32 48.45 

49.13 49.26 48.45 48.56 

49.26 50.00 48.56 49.30 

50.00 50.95 49.30 50.24 

50.95 51.00 50.24 50.50 

51.00 52.00 50.50 51.30 

52.00 53.00 51.30 52.29 

53.00 53.56 52.29 52.86 

53.56 53.85 52.86 53.15 

53.85 54.00 53.15 53.31 

54.00 54.54 53.31 53.85 

54.54 54.82 53.85 54.12 

54.82 55.00 54.12 54.31 

55.00 55.84 54.31 55.14 

55.84 55.95 55.14 55.25 

55.95 56.00 55.25 55.31 

56.00 56.11 55.31 55.42 

56.11 56.19 55.42 55.50 

56.19 56.50 55.50 55.81 

56.50 56.94 55.81 56.25 

56.94 57.00 56.25 56.31 

57.00 57.01 56.31 56.32 

57.01 58.00 56.32 57.27 

58.00 58.26 57.27 57.53 

58.26 58.33 57.53 57.60 

58.33 58.46 57.60 57.73 

58.46 58.52 57.73 57.79 

58.52 59.00 57.79 58.28 

59.00 59.09 58.28 58.37 

59.09 59.52 58.37 58.80 

59.52 59.57 58.80 58.85 

59.57 60.00 58.85 59.28 

60.00 61.00 59.28 60.32 

61.00 61.40 60.32 60.70 

Maharashtra Border to Dedhtalai – Burhanpur 

71.27 69.46 60.70 62.49 

69.46 69.30 62.49 62.65 

69.30 69.00 62.65 62.96 

69.00 68.70 62.96 63.26 

68.70 68.00 63.26 63.95 

68.00 67.14 63.95 64.79 

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67.14 67.06 64.79 64.88 

67.06 67.00 64.88 64.94 

67.00 66.00 64.94 65.94 

66.00 65.92 65.94 66.03 

65.92 65.51 66.03 66.39 

65.51 65.00 66.39 66.90 

65.00 64.50 66.90 67.40 

64.50 64.00 67.40 67.90 

64.00 62.10 67.90 68.79 

62.10 61.75 68.79 69.14 

61.75 61.87 69.14 70.02 

61.87 61.41 70.02 70.47 

61.41 61.00 70.47 70.88 

61.00 60.82 70.88 71.06 

60.82 60.00 71.06 71.86 

60.00 59.73 71.86 72.13 

59.73 59.55 72.13 72.32 

59.55 58.85 72.32 73.05 

58.85 58.10 73.05 73.79 

58.10 57.80 73.79 74.09 

57.80 57.60 74.09 74.29 

57.60 57.05 74.29 74.79 

57.05 56.00 74.79 75.85 

56.00 55.25 75.85 76.54 

55.25 55.00 76.54 76.82 

55.00 54.60 76.82 77.22 

54.60 54.00 77.22 77.82 

54.00 53.38 77.82 78.44 

53.38 53.30 78.44 78.54 

53.30 53.00 78.54 78.84 

53.00 52.42 78.84 79.42 

52.42 52.36 79.42 79.47 

52.36 52.00 79.47 79.83 

52.00 51.15 79.83 80.69 

51.15 51.00 80.69 80.84 

51.00 50.98 80.84 80.86 

50.98 50.89 80.86 80.95 

50.89 50.40 80.95 81.44 

50.40 50.00 81.44 81.83 

50.00 49.00 81.83 82.84 

49.00 48.95 82.84 82.89 

48.95 48.84 82.89 82.99 

48.84 48.00 82.99 83.83 

48.00 47.00 83.83 84.84 

47.00 46.00 84.84 85.84 

46.00 45.00 85.84 86.84 

45.00 44.00 86.84 87.84 

44.00 43.00 87.84 88.84 

43.00 42.80 88.84 89.04 

42.80 42.54 89.04 89.30 

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42.54 42.40 89.30 89.44 

42.40 41.60 89.44 90.22 

41.60 41.35 90.22 90.47 

41.35 40.00 90.47 91.83 

40.00 39.00 91.83 92.84 

39.00 38.00 92.84 93.84 

38.00 37.00 93.84 94.86 

37.00 36.50 94.86 95.36 

36.50 36.00 95.36 95.84 

36.00 35.00 95.84 96.84 

35.00 34.07 96.84 97.77 

34.07 34.01 97.77 97.83 

34.01 33.00 97.83 98.89 

33.00 32.00 98.89 99.84 

32.00 31.91 99.84 99.93 

31.91 31.50 99.93 100.34 

31.50 31.00 100.34 100.84 

31.00 30.00 100.84 101.84 

30.00 29.68 101.84 102.16 

29.68 29.59 102.16 102.25 

29.59 29.55 102.25 102.29 

29.55 29.45 102.29 102.39 

29.45 29.10 102.39 102.74 

29.10 29.00 102.74 102.84 

29.00 28.00 102.84 103.90 

28.00 27.00 103.90 104.90 

27.00 26.00 104.90 105.84 

26.00 25.03 105.84 106.79 

25.03 23.60 106.79 108.19 

23.60 23.20 108.19 108.59 

23.20 22.55 108.59 109.24 

22.55 21.90 109.24 109.89 

21.90 21.40 109.89 110.45 

21.40 21.00 110.45 110.83 

21.00 20.40 110.83 111.43 

20.40 20.05 111.43 111.79 

20.05 19.00 111.79 112.87 

19.00 18.02 112.87 113.79 

18.02 17.00 113.79 114.87 

17.00 16.00 114.87 115.85 

16.00 15.00 115.85 116.81 

15.00 14.00 116.81 117.84 

14.00 13.00 117.84 118.82 

13.00 12.03 118.82 119.79 

12.03 10.82 119.79 120.99 

10.82 9.92 120.99 121.89 

9.92 9.72 121.89 122.09 

9.72 9.29 122.09 122.58 

9.29 8.98 122.58 122.89 

8.98 8.00 122.89 123.39 

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8.00 7.40 123.39 124.44 

7.40 7.00 124.44 124.84 

7.00 6.00 124.84 125.84 

6.00 5.32 125.84 126.52 

5.32 5.28 126.52 126.59 

5.28 5.10 126.59 126.77 

5.10 5.00 126.77 126.87 

5.00 4.73 126.87 127.09 

(b) 

‘START’ and ‘END’ of the Project Highway 

The start point of the project is at existing km. 0/500 of SH-50 in Khandwa town and 

passes from Dedhtalai (upto Maharashtra Border). The Project Road passes through two 

district of Madhya Pradesh namely, Khandwa and Burhanpur. The End point of project 

road is at existing km. 04/730 near Burhanpur town with three arm junction on SH-50. The 

Existing length of Project road is 127.440 km and proposed length is 127.090 km. 

2.2 Right of Way 

ROW available for the entire road is 20 m to 30 m on either side. Two laning with granular 

shoulder of existing Two lane / Single lane/ Intermediate lane shall be constructed within 

the available existing ROW. The additional land required for curve improvement and other 

facilities shall be assessed by the Concessionaire and agreed to by MPRDC. The site 

shall be handed over to the concessionaire as per concession agreement. Two laning with 

paved shoulder in selected stretches in Built-up section on project road shall be carried out 

in existing available ROW with minimum acquisition. However, Land will be acquired by 

MPRDC at some places where sufficient ROW is not available to meet the project 

requirement. 

Table A-2 : List of Villages and ROW 

Existing Chainage 

From 

To 

Length (Km) Available ROW Name of Village 


0.50 4.40 3.90 20-30m Khandwa town 

4.40 4.90 0.50 20-30m 

4.90 5.70 0.80 20-30m 

5.70 6.00 0.30 20-30m Tirandaajpur 

6.00 9.00 3.00 20-30m 

9.00 9.6 0.60 20-30m jasavaadi 

9.60 13.60 4.0 20-30m 

13.60 14.00 0.40 20-30m Ranchora 

14.00 23.00 9.00 20-30m 

23.00 24.00 1.00 20-30m Balwaada 

24.00 33.60 9.60 20-30m 

33.60 34.00 0.40 20-30m Goody 

34.00 43.60 9.60 20-30m 

43.60 44.00 0.40 20-30m Borkheda 

44.00 45.00 1.00 20-30m 

45.00 51.00 6.00 20-30m 

51.00 53.60 2.60 20-30m 

53.60 54.00 0.40 20-30m Shekhpura 

______________________________________________________________________ 




From 

To 

Length (Km) Available ROW Name of Village 

54.00 54.60 0.60 20-30m 

54.60 55.10 0.50 20-30m Daahida 

55.10 61.30 6.20 20-30m 

61.30 61.40 0.10 20-30m 

Maharashtra Border - Dedhtalai – Burhanpur 

69.40 68.50 0.90 20-30m Dedhtalai 

68.50 56.00 12.50 20-30m 

56.00 55.00 1.00 20-30m Tukaaithud 

55.00 50.60 4.40 20-30m 

50.60 50.20 0.40 20-30m Maajrod 

50.20 43.00 7.20 20-30m 

43.00 37.40 5.60 20-30m Khajnaar 

37.40 33.20 4.20 20-30m Dhaba 

33.20 32.80 0.40 20-30m Taarkheda 

32.80 30.40 2.40 20-30m 

30.40 30.00 0.40 20-30m Doifodiya 

30.00 29.00 1.00 20-30m 

29.00 21.00 8.00 20-30m 

21.00 20.60 0.40 20-30m Sirpur 

20.60 16.40 4.20 20-30m 

16.40 16.00 0.40 20-30m Singhkheda 

16.00 12.00 4.00 20-30m 

12.00 11.00 1.00 20-30m Daryapur 

11.00 4.73 6.27 20-30m 

2.3 Road Crossings/Junctions 

Sr. 

No. 

The details of existing important 32 junctions located on the Project Road are listed as 

under: 

Chainage 

(Km/m) 

Major 

/ 

Minor 

Table A-3: List of junction located on Project Road 

Link Surface Width 

Type (m) 

Khandwa - Dedhtalai 

1 0/500 Major Khandwa City BT-BT 6.00- 

10.00 

Direction 

(L/R/CRO 

SS) 

Left-right 

Type of Road 

(NH\SH\MDR\ODR 

\VR)) 

City Road – City 

Road 

2 0/700 Minor Khandwa BT 3.7 Left Town Road 

3 1/700 Minor Residential CC 3 Right Town Road 

Area 

4 2/900 Minor Residential BT 3 Cross Town Road 

Area 

5 3/800 Minor Village Road CC 2.5 Left Town Road 

6 10/000 Minor Haapla BT 3 Right PMGSY 

7 14/300 Minor Rampura BT 3.5 Left Village Road 

8 18/250 Minor Paadoliya BT 3.5 Right Village Road 

9 19/800 Minor Khadwa BT 3.6 Left Village Road 

10 23/800 Minor Ambapat CC 3.5 Left PMGSY 

11 29/200 Minor Piplod BT 3.7 Right Village Road 

12 32/900 Minor Kaarpur BT 3.2 Right Village Road 

13 34/300 Minor Haadiya BT 3.2 Right Village Road 

14 44/000 Minor Bhillai CC 2.75 Right Village Road 

______________________________________________________________________ 



Sr. 

No. 

Chainage 

(Km/m) 

Major 

/ 

Minor 

Link 

Surface 

Type 

Width 

(m) 

Direction 

(L/R/CRO 

SS) 


(NH\SH\MDR\ODR 

\VR)) 

15 53/800 Minor Khandwa BT 3.7 Left Village Road 

16 54/800 Minor Rankheda BT 3.7 Left PMGSY 

17 55/000 Minor Paretha BT 2.75 Right Village Road 

18 61/400 Minor Amravati BT 3.25 Left Village Road 

Maharashtra Border -Dedhtalai - Burhanpur 

19 68/800 Minor Village Road BT 2.75 Right Village Road 

20 55/870 Minor Tukaithad BT 2.75 Right Village Road 

21 47/800 Minor Village Road BT 3 Left Village Road 

22 43/280 Minor Nimandar BT 3 Left Village Road 

23 40/530 Minor Pangri BT 2.75 Left Village Road 

24 29/500 Minor Village Road BT 3 Left Village Road 

25 20/700 Minor Shirpur BT 2.5 Left Village Road 

26 15/700 Minor Gulai BT 2.75 Right Village Road 

27 11/950 Minor Jasaundi BT 2.5 Left Village Road 

28 11/000 Minor Mordad BT 2.5 Left PMGSY 

29 7/000 Minor Ahukhana BT 3 Left Village Road 

30 6/100 Minor Burhanpur City BT 3.5 Right Village Road 

31 4/900 Major Shahpur BT 3.5 Right Village Road 

32 4/730 Major Shahpur- 

Burhanpur 

BT-BT 7.00- 

7.00 

Left-Right 

SH-SH 

Note: BT – Black Top, CC-Cement Concrete, WBM – Water Bound Macadam ER – 

Earthen Road 

2.4 Geometrics 

It is observed that the Project Highway predominantly has a straight alignment and 

traverses through plain terrain. It is essential to improve sub standard geometrics at 

various locations on project road. Geometric improvements shall be made as per standard 

and specifications given in Schedule ‘D’ within proposed ROW. Additional land will only be 

acquired by MPRDC, if safety considerations warrants. 

The list of deficient curves which need improvement are as under: 

Sr. 

No. 

Table A-4: The list of deficient curves which need Improvement 


Remarks 

Radii Length 

Start End (mt) (Km) 


1 0.72 0.79 50 0.07 Urban Area 

2 0.88 0.97 75 0.09 Urban Area 

3 0.97 1.03 125 0.06 Urban Area 

4 1.28 1.3 225 0.02 Urban Area 

5 3.26 3.29 110 0.03 Urban Area 

6 5.39 5.49 105 0.1 Bridge 

7 5.61 5.76 170 0.15 Bridge 

8 6.16 6.26 110 0.1 Bridge 

9 6.42 6.53 100 0.11 Bridge 

10 9.71 9.8 150 0.09 Junction 

11 34.81 34.89 130 0.08 Urban Area + Junction 

12 34.3 34.38 110 0.08 Junction 

______________________________________________________________________ 



Sr. 


Remarks 

No. 

Radii Length 


13 34.49 34.58 70 0.09 Junction 

14 34.98 35.06 75 0.08 Junction 

15 47.97 48 30 0.03 Acute Sharp Curve 

16 50.78 50.8 100 0.02 Reserve Forest Area 

17 53.48 53.54 140 0.06 Junction 

18 54.73 54.8 60 0.07 Junction 

19 55.77 55.81 100 0.04 

20 55.82 55.91 80 0.09 

21 55.97 56.03 60 0.06 Junction 

22 59.52 59.55 30 0.03 Existing Sharp Curve 

23 59.66 59.67 180 0.01 

24 59.83 59.87 85 0.04 


25 68.83 68.8 105 0.03 Junction 

26 65.87 65.75 150 0.12 Minor Bridge 

27 65.7 65.61 90 0.09 Minor Bridge 

28 63.23 63.14 150 0.09 Junction 

29 61.74 61.67 80 0.07 Minor Bridge 

30 61.62 61.53 100 0.09 Minor Bridge 

31 58.97 58.89 220 0.08 Junction 

32 53.73 53.7 100 0.03 Approach to Minor Bridge 

33 50.72 50.7 40 0.02 Urban Area 

34 50.54 50.46 100 0.08 Junction + Urban Area 


36 46.54 46.5 220 0.04 Minor Bridge 

37 46.45 46.36 180 0.09 Minor Bridge 

38 43.18 43.11 80 0.07 Junction 

39 42.48 42.44 100 0.04 Urban Area 

40 42.41 42.38 70 0.03 Urban Area 

41 42.35 42.32 50 0.03 Urban Area 

42 29.65 29.54 230 0.11 Minor Bridge 

43 24.81 24.8 125 0.01 Urban Area 

44 21.06 21 65 0.06 Major Bridge + Urban Area 

45 20.94 20.88 160 0.06 Urban Area 

46 20.76 20.61 150 0.15 Urban Area 

47 16.11 16.05 150 0.06 Urban Area 

48 16.02 16 180 0.02 Urban Area 

49 8.56 8.53 110 0.03 Urban Area 

2.5 Road Condition Survey and Pavement Composition 

Riding quality of the existing pavement surface varies from poor to fair. Existing pavement 

composition is in-sufficient to carry designed MSA on the highway. The existing 

carriageway is a single / intermediate-lane or two lane road having flexible pavement, with 

widths varying between 3.75 m to 7.0 m along the entire length of project road. The 

existing road has earthen shoulder of about 1.0 m to 2.0 m on either sides of the project 

road. 

2.6 Railway Crossing, ROB and Grade Separators 

2.6.1 There is no existing ROB on the project road. 

______________________________________________________________________ 



2.6.2 Grade Separated Structures: There are no existing grade separated structures like 

vehicular and pedestrian under passes on the road. 

2.6.3 The existing alignment of the road has one existing railway level crossing in between 

Dedhtalai - Burhanpur. The details of Railway crossing is given in table below. 

Sr. 

No. 

Chainage 

(km) 

Structure 

No 

Table A-5: List of Railway Crossing 

Khandwa – Dedhtalai – Burhanpur 

1 55/500 - Single Track ,Non-Electrified, C.I 

sleepers, Manned, LC No-36 

2.7 Cross Drainage Structures 

Details Location Railway 

KM 

Tutaikhud 630/10 - 

630/11 

Along the project stretch there exist three major bridge, twenty seven minor bridges, 

thirteen causeway and one hundred and thirty one culverts. 

Type 

Table A-6: Summary of Existing Bridges and CD woks is as below 

Major 

Bridges 

Minor 

Bridges 

Causeways 

Pipe 

Culverts 

Slab 

culvert 

SC – 

PC(mix) 

Buried 

culverts 

Khandwa-Dehtalai 2 18 1 28 40 - 3 

& Dehtalai to 

Maharashtra 

Border 

Dehtalai to 1 9 12 46 12 1 2 

Burhanpur 

Total 3 27 13 74 52 1 5 

The details of existing major bridges, minor bridges, causeway and culverts, and are 

shown in Table A7 to A10 respectively as below. 

(a) Table A7: Details of Major Bridge 

Sr. Chainage Existing Structure No. of Span Width (m.) 

No (km.) 

No. 

Spans (m.) CW Over 

all 

Khandwa-Dehtalai & Dehtalai to Maharashtra Border 

1 10.65 - 16 6.80 5.9 6.6 

2 59.500 

- 7+2 30.2+17 7.4 8.3 

(Tapi River) 

Dehtalai to Burhanpur 

3 20.500 - 8 15.20 7.6 8.4 

______________________________________________________________________ 



Sr. 

No. 

Chainage (km.) 

(b) Table A8: Details of Minor Bridge 

Existing 

Structure 

No. 

No. of 

Spans 

Span 

(m.) 

Width (m.) 

CW Over all 


1. 0.400 - 2 5.60 6 6.8 

2. 5.500 - 16 2.90 5.4 7.6 

3. 5.900 - 2 1.85 3.6 4.8 

4. 9.000 - 2 6.00 5.6 6.6 

5. 13.200 - 9 5.40 5.6 6.4 

6. 17.200 - 2 5.15 6.4 7.4 

7. 18.200 - 4+1 6.2+5.4 60 7.0 

8. 20.400 - 3 2.60 5 7.0 

9. 22.100 - 2 6.25 5.8 6.5 

10. 23.700 - 3 3.40 5.8 6.8 

11. 28.600 - 1 8.50 7.6 8.0 

12. 29.000 - 2 6.70 5.8 6.4 

13. 33.200 - 3 6.90 5.4 6.2 

14. 33.800 - 4 6.50 5.8 7.2 

15. 40.800 - 3 6.90 7.4 7.3 

16. 44.100 - 3 6.90 7.3 7.4 

17. 44.650 - 1 6.40 7.4 8.2 

18. 59.000 - 2 10.00 7.8 8.4(st) 9.8(sk) 


19. 64.500 2 4.00 5.4 6.6 

20. 62.000 5 10.40 5.4 6.0 

21. 59.920 2 3.40 5.8 6.6 

22. 53.800 6 9.60 5.6 6.2 

23. 48.250 3 7.20 6 6.8 

24. 46.500 6 6.60 5.8 7.4 

25. 44.600 2 3.40 6 6.8 

26. 42.300 2 3.20 5 5.4 

27. 15.100 3 2.60 4.6 5.4 

(c) Table A9: Details of Causeways 

Sr. 

No. 

Location 

Ch. as 

per 

Survey 

HFL ht. 

above 

Straight 

Portion 

Height between 

bed level and 

top of Causeway 

Duration of 

Submergence 

Details of Existing opening 

Type No. Dia. 

Span 

______________________________________________________________________ 




1. 60.59 0.8 1.5 1-1.5 hr PC 6 0.6 


2. 65.72 0.5 1.6 1-2 hr PC 9 1.00 

3. 63.27 2.1 1.3 5-6 hr PC 3+1 0.9+1.0 

4. 60.51 1.2 1.4 2-3 hr PC 3 0.9 

5. 55.280 0.3 1.2 1-2 hr PC 4 0.9 

6. 50.910 0.5 2.7 1-3 hr PC 5 1.00 

7. 44.720 1 1.2 1-2 hr PC 1 0.9 

8. 39.440 0.2 2.2 1-2 hr PC 4 0.9 

9. 38.430 0.75 2.4 1-2 hr PC 3 0.9 

10. 31.900 0.6 2.5 2-4 hr PC 4 0.9 

11. 29.530 2 0.5 2-4 hr SC 2 0.9 cl. 

12. 24.841 0.8 4.1 2-4 hr - - - 

13. 9.120 1.2 1.55 5-6 hr SC 2+3 1.0 cl. + 

0.6 cl. 

(d) Table A10: Details of Culverts 

Sr. 

No. 

Chainage 

km 

PWD 

Culvert 

No. 

Type of 

Structures 

(Pipe/Slab/ 

Box/Arch) 

No. 

Span arrangement 

Vent/ Width 

Carriageway 

Width (m) 

Width of 

Culvert (m) 

Khandwa to Dehtalai 

1. 0.200 - - Buried 4.20 6.00 

2. 1.700 - SC 1 1.2 cl. 1.5 c/c 4.80 6.00 

3. 2.900 - SC 1 1.4 cl. 2.2 c/c 4.20 6.00 

4. 3.300 - SC 1 1.2 cl. 2.0 c/c 3.80 6.30 

5. 4.500 - SC 1 0.9 cl. 1.6 c/c 3.60 9.80 

6. 5.600 7/2 Arch 1 1.6 cl. 1.9 c/c 3.20 5.00 

7. 6.300 - - Buried 4.80 6.80 

8. 6.700 - SC 1 1.0 cl. 1.4 c/c 4.40 6.60 

9. 7.900 - SC 1 0.6 cl. 1.4 c/c 3.80 8.40 

10. 8.400 - SC 1 0.4 cl. 0.9 c/c 4.00 6.20 

11. 11.900 - SC 1 2.0 cl. 4.20 7.40 

12. 14.000 - SC 1 1.1 cl. 2.0 c/c 4.20 6.00 

13. 14.300 - SC 1 1.6 cl. 2.6 c/c 4.20 7.20 

14. 15.400 - SC 1 1.8 cl. 2.7 c/c 3.80 7.40 

15. 17.100 - Arch 1 3.4 cl. 3.75 c/c 4.20 7.40 

16. 19.300 - SC 1 2.2 cl. 3.0 c/c 4.20 6.20 

17. 20.100 - SC 1 2.4 cl. 2.6 c/c 4.00 7.00 

18. 21.300 - SC 1 0.8 cl. 1.6 c/c 3.80 7.00 

19. 27.100 - Arch 1 2.2 cl. 4.00 7.20 

20. 27.700 - Arch 2 2.35 6.00 7.00 

______________________________________________________________________ 



Sr. 

No. 

Chainage 

km 

PWD 

Culvert 

No. 

Type of 

Structures 

(Pipe/Slab/ 

Box/Arch) 

No. 


Vent/ Width 

Carriageway 

Width (m) 

Width of 

Culvert (m) 

21. 31.700 - SC 1 3.3 cl. 4.5 c/c 4.20 8.40 

22. 32.400 33/2 SC 1 3.2 cl. 4.6 c/c 4.60 8.40 

23. 34.500 - SC 1 2.0 cl. 3.2 c/c 4.20 8.20 

24. 34.700 15/4 SC 1 5.0 cl. 5.5 c/c 7.20 8.20 

25. 35.200 - SC 1 2.0 cl. 3.2 c/c 4.20 8.20 

26. 36.800 37/6 SC 1 2.5 cl. 3.5 c/c 4.20 8.20 

27. 38.100 - SC 1 2.8 cl. 3.8 c/c 4.30 8.40 

28. 38.500 - SC 1 2.8 cl. 3.6 c/c 4.40 8.40 

29. 39.600 - SC 1 2.4 cl. 3.2 c/c 4.40 8.20 

30. 40.000 - SC 1 2.2 cl. 2.8 c/c 4.40 8.20 

31. 40.500 - SC 1 2.0 cl. 2.8 c/c 4.40 8.40 

32. 40.800 - SC 1 1.8 cl. 2.2 c/c 4.40 8.20 

33. 41.400 - SC 1 1.8 cl. 2.2 c/c 4.40 8.20 

34. 41.600 - SC 1 1.0 cl. 2.2 c/c 4.00 8.20 

35. 41.720 - SC 1 2.0 cl. 2.5 c/c 4.40 8.20 

36. 42.600 - SC 1 3.0 cl. 3.6 c/c 4.40 8.20 

37. 42.970 - SC 1 1.6 cl. 2.0 c/c 4.40 8.20 

38. 43.250 - SC 1 2.1 cl. 3.2 c/c 4.20 8.40 

39. 43.800 - SC 1 1.0 cl. 2.4 c/c 4.40 8.20 

40. 45.500 - PC 2 0.90 4.20 8.8 (st) 9.8 (sk) 

41. 46.000 - SC 1 1.2 cl. 1.8 c/c 4.00 8.20 

42. 46.350 - SC 1 2.0 cl. 2.6 c/c 4.00 8.40 

43. 46.900 47/4 SC 1 2.0 cl. 2.4 c/c 3.80 8.20 

44. 47.550 - PC 1 1.00 4.20 8.6 (st) 9.4 (sk) 

45. 47.750 - PC 3 1.20 4.50 8.60 

46. 48.100 - PC 2 0.90 4.50 8.60 

47. 48.700 - PC 2 0.90 4.50 6.9 (st) 7.2 (sk) 

48. 49.100 - PC 2 0.90 - - 

49. 49.200 - PC 3 1.00 3.80 9.00 

50. 49.550 - PC 2 1.00 4.00 8.80 

51. 49.700 - PC 3 0.90 4.00 8.80 

52. 49.900 - PC 2 0.90 4.00 9.20 

53. 49.950 - PC 1 0.90 4.00 8.80 

54. 51.100 - PC 3 1.20 4.00 9.0 (st) 9.4(sk) 

55. 51.350 - PC 3 0.90 4.00 8.8 (st) 9.0 (sk) 

56. 54.400 - PC 5 1.00 4.00 8.3 (st) 9.8 (sk) 

57. 54.600 54/8 PC 3 0.75 4.00 9.00 

58. 55.500 - PC 1 1.00 3.80 8.80 

______________________________________________________________________ 



Sr. 

No. 

Chainage 

km 

PWD 

Culvert 

No. 

Type of 

Structures 

(Pipe/Slab/ 

Box/Arch) 

No. 


Vent/ Width 

Carriageway 

Width (m) 

Width of 

Culvert (m) 

59. 56.100 - PC 6 1.00 8.40 8.40 

60. 56.400 - PC 4 0.90 4.00 8.40 

61. 57.700 - PC 4 1.00 - 8.8 (st) 9.6 (sk) 

62. - PC 2 0.90 3.48 9.56 

(sk) 7.89(st) 

63. 60.700 - - Buried - - 

64. 60.800 - PC 3 0.90 4.00 9.00 

65. 61.300 - PC 3 0.90 9.00 9.00 

66. 62.300 - PC 4 0.90 9.00 9.00 

67. 62.400 - PC 3 0.90 4.00 9.00 

Dehtalai to Maharashtra border 

68. 69.33 PC 3 0.90 4.40 9.00 

69. 69.610 - PC 2 0.90 4.40 9.00 

70. 69.982 - PC 1 0.90 4.40 9.00 

71. 70.350 - PC 2 0.90 4.40 9.00 

72. 71.929 - PC 2 0.90 4.40 9.00 


73. 68.250 - Arch 1 0.9 cl. - 6.40 

74. 67.700 - Arch 1 1.4 cl. - 6.60 

75. 67.100 - PC 2 0.60 9.00 9.00 

76. 66.900 - PC 1 1.00 8.50 10.00 

77. 65.580 - PC 1 1.00 8.00 10.00 

78. 63.300 - PC 2 0.90 6.60 9.00 

79. 62.600 - PC 1 1.00 4.00 9.20 

80. 60.400 - PC 1 0.90 5.20 9.00 

81. 59.000 - PC 1 0.90 5.00 9.00 

82. 58.400 - PC 1 0.90 5.40 10.00 

83. 57.800 - PC 1 0.90 5.40 6.40 

84. 57.300 - Arch 1 2.2 cl. 3.0 c/c 3.80 6.40 

85. 57.200 - PC 1 0.90 5.00 10.00 

86. 56.500 - PC 3 0.60 5.00 9.20 

87. 55.900 - PC 1 0.90 4.00 10.00 

88. 55.280 - PC 1 0.90 3.80 10.00 

89. 53.220 - PC 1 0.90 4.40 7.00 

90. 52.300 - Arch 1 3.8 cl. 4.0 c/c 4.40 6.20 

91. 51.800 - PC 3 1.00 4.80 10.00 

92. 51.500 - PC 2 0.90 5.00 10.00 

93. 50.000 - PC 1 0.90 5.40 10.00 

94. 49.100 - Arch 1 2.2 cl. 2.4 c/c 4.20 6.40 

95. 48.900 - PC 2 0.90 5.00 10.00 

96. 47.700 - Arch 1 1.6 cl. 1.8 c/c 4.40 6.80 

97. 47.400 - Arch 1 1.8 cl. 2.0 c/c 4.00 6.20 

98. 45.800 - SC 2 0.4 cl. 0.9 c/c 4.80 6.40 

99. 45.200 - SC 1 1.8 cl. 2.2 c/c 4.80 6.60 

100. 42.700 - SC (D/s) PC 

(U/s) 

2 0.9 cl. 1.2 c/c & 0.9 5.20 6.10 

101. 42.400 - Arch 1 1.4 cl. 5.00 6.20 

______________________________________________________________________ 



Sr. 

No. 

Chainage 

km 

PWD 

Culvert 

No. 

Type of 

Structures 

(Pipe/Slab/ 

Box/Arch) 

No. 


Vent/ Width 

Carriageway 

Width (m) 

Width of 

Culvert (m) 

102. 41.300 - PC 1 1.20 4.20 8.60 

103. 40.800 - PC 1 0.90 5.80 8.00 

104. 40.300 - PC 1 0.90 4.20 9.00 

105. 39.650 - Arch 1 0.6 cl. 4.00 7.00 

106. 36.600 - PC 2 1.20 3.80 10.00 

107. 34.800 - PC 2 1.50 3.20 6.20 

108. 33.800 - PC 1 0.90 3.80 10.00 

109. 32.100 - PC 1 0.60 3.80 6.60 

110. 30.685 - PC 1 1.2 C.I. pipe 3.80 6.00 

111. 25.950 - - Buried 3.80 6.60 

112. 24.500 - PC 1 0.60 4.00 6.50 

113. 23.900 - PC 1 1 C.I pipe 3.80 7.20 

114. 23.500 - PC 1 0.6 C.I pipe 3.80 7.40 

115. 22.900 - PC 1 0.60 3.80 6.00 

116. 22.200 - PC 1 0.9 C.I pipe 3.80 6.20 

117. 22.100 - - Buried 3.80 6.80 

118. 19.600 - PC 1 0.60 3.80 9.00 

119. 18.280 - PC 1 0.90 3.80 9.00 

120. 16.500 - SC 1 2.4 cl. 2.7 c/c 3.80 6.40 

121. 15.400 - PC New PC Construction - - 

122. 14.300 - PC 1 1.00 3.80 6.40 

123. 14.200 - PC 2 1.00 3.80 6.20 

124. 13.800 - PC 3 1.00 3.90 6.20 

125. 13.300 - PC 2 0.60 3.90 6.40 

126. 12.990 - PC 1 0.90 3.80 6.40 

127. 12.200 - PC 2 0.60 3.80 6.00 

128. 11.600 - PC 2 1.20 3.80 5.80 

129. 9.300 - PC 1 0.90 3.80 6.40 

130. 9.100 - PC 1 0.90 4.00 8.80 

131. 8.900 - PC 2 0.90 4.00 9.00 

132. 6.300 - PC 1 1.20 4.40 10.00 

2.8 Bus Bays and Truck Lay-byes 

The total number of bus bays and truck lay-byes on the Project Highway is noted below: 

a) Total number of Bus-Bays : Nil 

b) Total number of Truck lay-byes : Nil 

3.0 Disclaimer 

The data presented in this schedule is for an initial understanding and guidance of the 

Concessionaire. The data is based on DPR prepared by the design Consultants during 

2009-2010. MPRDC will not be responsible for any inaccuracy in the information provided 

and shall not be liable for or be bound by the data used by the Concessionaire in 

evaluating the project viability. The Concessionaire will carry out his own independent 

surveys for assessment of actual position of the project corridor. 

______________________________________________________________________ 



The Concessionaire acknowledges that prior to the execution of this Agreement, the 

Concessionaire has satisfied himself (based on his own Independent assessment) of the 

survey data, specifications and standards, site and all information provided by the 

MPRDC. The Concessionaire acknowledges and accepts the difficulties, risks and 

hazards likely to arise during the course of performance of his obligations hereunder. 

______________________________________________________________________ 



SCHEDULE-B 


DEVELOPMENT OF THE PROJECT HIGHWAY 

1. HIGHWAY DEVELOPMENT OF THE PROJECT 

Development of project highway shall include construction of project highway as 

described in this Schedule-B and in Schedule-C. 

2. TWO LANING 

2.1 Two laning shall include construction of project highway described in Annex-I of 

this Schedule-B and Annex-I of Schedule-C. 

2.2 Two Laning shall be undertaken and completed by the Concessionaire in 

conformity with the Specifications and Standards set forth in Annex-I of 

Schedule-D. 

______________________________________________________________________ 



1.0 General 

Annex-I 

(Schedule-B) 

Development of Project Highway 

The description for the various elements of the Project Highway given here in under is the 

bare minimum for the ‘Project’. The ‘Project’ has the same meaning as defined in Article 

48 of Concession Agreement. In planning, design and execution of the works in 

connection with the development of Project Highway, the Concessionaire shall take all 

such actions and do all such things as will enable MPRDC to provide an acceptably safe 

highway in respect of its condition (structural safety) and use (road safety) and ensure that 

members of the public are treated with all due courtesy and consideration. 

2.0 Project Highway 

Notwithstanding anything contained in this document, the Concessionaire shall himself 

carryout and be responsible for engineering surveys, investigations and detailed 

engineering designs and prepare the designs, working drawings for all the components 

relevant for the improvement and up-gradation of the project highway to fulfill the scope of 

the project as envisaged herein under. These shall comply with Manual of Design 

Specifications and Standards given in Schedule D. The designs for different project 

facilities shall follow the locations and indicative designs given in Schedule C and shall 

comply with design specifications and standards outlined in Schedule D. The maintenance 

of the different elements of project Highway and facilities thereon shall follow the minimum 

maintenance requirements as described in Schedule ‘K’. All the designs and drawings 

shall be reviewed by the Independent Engineer prior to execution. 

2.1 Cross Sections and Width 

2.1.1 Two-Laning with hard Shoulder 

The carriageway 7 meters wide with 2.5 meter hard shoulder on either side shall be 

provided in open country & carriageway of 7.0m width with Paved shoulders of 1.5m & 

hard shoulders of 1.0m shall be provided in built up sections. 

2.1.2 Cross Sections 

2.1.3 Cross Sections 

The minimum design criterions are indicated in Schedule D for the development of the 

Project Highway. Typical cross-sections along the length of project highway are given in 

Fig 2.1 & 2.3 of Schedule ‘D’. 

i. The Project Highway shall be widened with typical cross sections of two lane (with 

granular shoulders) without service road for entire open country (Plain/rolling 

terrain) as per cross section shown Fig 2.1 of Schedule ‘D’. 

ii. Selected stretches passing through built up area shall be widened to 4 lane 

divided carriageway as per cross section as shown in Fig 2.2 of Schedule 'D'. 

______________________________________________________________________ 



iii. 

Selected stretches passing through built up area shall be widened to two lane with 

paved shoulder Fig 2.3 of Schedule ‘D’. 

2.2 Built up section having four lane divided Carriageway with Footpath 

Four laning carriageway having cross section Fig 2.2 of Schedule 'D' shall be constructed as 

follows:- 

Table B-1: List of Built up area Proposed for Four Lane 

Sr.No. Design Chainage (Km.) Length (Km) City/Town 

From 

To 

1 0.00 3.76 3.76 Khandwa 

Total Length 

Four laning in built up section of khandwa shall as far as possible be carried out on 

existing available ROW. Additional land, if required will be acquired by MPRDC at some places 

where sufficient ROW is not available to meet the requirement of four. 

2.3 Two Lane with Paved Shoulder 

Following stretches of road has been proposed in Two lane with 1.5 m paved shoulder and 

1.0 m granular shoulder on either side as shown in cross section Fig. 2.3 of Schedule ‘D’ 

shall be constructed in following stretches shown in Table B-2. 

Table B-1: List of Built up area Proposed for Two Lane with Paved Shoulder 

Sr. Design Chainage (Km) Length (Km) City/Town 

No. From 

To 


1 5.05 5.35 0.30 Tirandaajpur 

2 8.3 8.9 0.60 Jasvaadi 

3 12.84 13.24 0.40 Ranchora 

4 22.35 23.35 1.00 Balwaada 

5 32.95 33.35 0.40 Goody 

6 42.92 43.32 0.40 Borkheda 

7 52.91 53.31 0.40 Shekhpura 

8 53.91 54.41 0.50 Daahida 

Maharashtra Border -Dedhtalai – Burhanpur 

9 62.49 63.39 0.90 Dedhtalai 

10 75.85 76.82 0.97 Tukaaithud 

11 81.24 81.64 0.40 Maajrod 

12 88.84 89.44 0.60 Khajnaar 

13 94.46 94.76 0.30 Dhaba 

14 98.69 99.09 0.40 Taarkheda 

15 101.44 101.84 0.40 Doifodiya 

16 110.83 111.23 0.40 Sirpur 

17 115.45 115.85 0.40 Singhkheda 

Total Length 8.77 

Service Road 

No service road is proposed along entire stretch of the project Road. 

______________________________________________________________________ 



2.5.2 Geometric Improvement 

Bypass / Short Realignment 

No Bypass/Short Realignment is proposed along entire stretch of the project 

Road. 

The horizontal alignment of the Project Highway shall be improved as per the standards 

set out in Schedule-D. The existing deficient curves are to be improved as per the 

standards set out in Schedule-D. However the deficient curves shall be improved to the 

possible extent depending upon the availability of land and proposed ROW. Additional 

lands may be acquired if safety consideration warrants so. 

Table B-3: Deficient curves which shall be improved 

Sr. 

Design Chainage 

Remarks 

No. 

Radii Length 



1 0.72 0.79 50 0.07 Urban Area 

2 0.88 0.97 75 0.09 Urban Area 

3 0.97 1.03 125 0.06 Urban Area 

4 1.28 1.3 225 0.02 Urban Area 

5 3.26 3.29 110 0.03 Urban Area 

6 5.39 5.49 105 0.1 Bridge 

7 5.61 5.76 170 0.15 Bridge 

8 6.16 6.26 110 0.1 Bridge 

9 6.42 6.53 100 0.11 Bridge 

10 9.71 9.8 150 0.09 Junction 

11 34.81 34.89 130 0.08 Urban Area + Junction 

12 34.3 34.38 110 0.08 Junction 

13 34.49 34.58 70 0.09 Junction 

14 34.98 35.06 75 0.08 Junction 

15 47.97 48 30 0.03 Acute Sharp Curve 

16 50.78 50.8 100 0.02 Reserve Forest Area 

17 53.48 53.54 140 0.06 Junction 

18 54.73 54.8 60 0.07 Junction 

19 55.77 55.81 100 0.04 

20 55.82 55.91 80 0.09 

21 55.97 56.03 60 0.06 Junction 

22 59.52 59.55 30 0.03 Existing Sharp Curve 

23 59.66 59.67 180 0.01 

24 59.83 59.87 85 0.04 


25 63.13 63.16 160 0.03 Junction 

26 66.00 66.12 170 0.12 Minor Bridge 

27 66.17 66.25 170 0.08 Minor Bridge 

28 68.67 68.76 170 0.09 Junction 

29 70.16 70.22 170 0.06 Minor Bridge 

30 70.28 70.36 170 0.08 Minor Bridge 

31 72.90 72.98 250 0.08 Junction 

32 78.11 78.14 200 0.03 Approach to Minor Bridge 

33 81.12 81.14 50 0.02 Urban Area 



______________________________________________________________________ 



36 85.30 85.35 250 0.05 Minor Bridge 

37 85.39 85.48 250 0.09 Minor Bridge 

38 88.66 88.72 100 0.06 Junction 

39 89.34 89.38 170 0.04 Urban Area 

40 89.41 89.45 90 0.04 Urban Area 

41 89.47 89.50 60 0.03 Urban Area 

42 102.20 102.30 250 0.1 Minor Bridge 

43 107.02 107.03 155 0.01 Urban Area 

44 110.77 110.82 75 0.05 Major Bridge + Urban Area 

45 110.88 110.94 200 0.06 Urban Area 

46 111.06 111.22 160 0.16 Urban Area 

47 115.66 115.72 170 0.06 Urban Area 

48 115.75 115.76 200 0.01 Urban Area 

49 123.31 123.34 125 0.03 Urban Area 

Drainage 

The drainage in open country and Built-up area on Project Highway shall be as per 

Manual of Standards and Specification for Two lane of Schedule ‘D’. In built-up area 

covered or piped drains with manholes at suitable intervals to clean the pipes, shall be 

provided. Such drains shall be accommodated below the footpath, if additional land is not 

available. 

Intersections 

There are total 3 major & 29 minor road junctions which are priority junction that needed to 

be improved. List indicating type and location is given in table below. Existing provision of 

these 32 Intersections shall be improved as per standard and specifications set forth in 

Schedule-‘D 

Table B-3: Major Intersections 

Sr. 

No. 

Proposed 

Chainage 

Link 

Surface 

Type 

Width (m) 


(NH\SH\MDR\ODR\VR)) 

Direction 

(L/R/CROSS) 

Improvement 

Proposal 


1 0/000 Khandwa City BT-BT 6.00-10.00 City Road – City Road Left-right Channelised 

Intersection 

Dedhtalai –Burhanpur 

2 127.021 Shahpur BT 3.5 Village Road Right Channelised 

Intersection 

3 127.049 Shahpur-Burhanpur BT-BT 7.00-7.00 SH - SH Left-Right Channelised 

Intersection 

Sr. 

No. 

Proposed 

Chainage 

Link 

Table B-4: Minor Intersections 

Width (m) 

Surface 

Type 



Direction 

(L/R/CROSS) 

Improvement 

Proposal 


1 0/080 Khandwa BT 3.7 Town Road Left left in left out 

intersection 

2 0/760 Residential Area CC 3 Town Road Right left in left out 

intersection 

3 2/310 Residential Area BT 3 Town Road Cross left in left out 

intersection 

4 3/140 Village Road CC 2.5 Town Road Left left in left out 

intersection 

5 9/290 Haapla BT 3 PMGSY Right left in left out 

______________________________________________________________________ 



Sr. 

No. 

Proposed 

Chainage 

Link 

Surface 

Type 

Width (m) 



Direction 

(L/R/CROSS) 

Improvement 

Proposal 

intersection 

6 13/700 Rampura BT 3.5 Village Road Left left in left out 

intersection 

7 17/520 Paadoliya BT 3.5 Village Road Right left in left out 

intersection 

8 18/950 Khadwa BT 3.6 Village Road Left left in left out 

intersection 

9 23/100 Ambapat CC 3.5 PMGSY Left left in left out 

intersection 

10 28/500 Piplod BT 3.7 Village Road Right left in left out 

intersection 

11 32/220 Kaarpur BT 3.2 Village Road Right left in left out 

intersection 

12 33/670 Haadiya BT 3.2 Village Road Right left in left out 

intersection 

13 43/280 Bhillai CC 2.75 Village Road Right left in left out 

intersection 

14 53/160 Khadva BT 3.7 Village Road Left left in left out 

intersection 

15 54/090 Rankheda BT 3.7 PMGSY Left left in left out 

intersection 

16 54/300 Paretha BT 2.75 Village Road Right left in left out 

intersection 

17 60/700 Amravati BT 3.25 Village Road Left left in left out 

intersection 

Maharashtra Border - Dedhtalai –Burhanpur 

18 63/150 Village Road BT 2.75 Village Road Right left in left out 

intersection 

19 75/980 Tukaithad BT 2.75 Village Road Right left in left out 

intersection 

20 83/990 Village Road BT 3 Village Road Left left in left out 

intersection 

21 88/690 Nimandar BT 3 Village Road Left left in left out 

intersection 

22 91/330 Pangri BT 2.75 Village Road Left left in left out 

intersection 

23 102/390 Village Road BT 3 Village Road Left left in left out 

intersection 

24 110/990 Shirpur BT 2.5 Village Road Left left in left out 

intersection 

25 116/190 Gulai BT 2.75 Village Road Right left in left out 

intersection 

26 119/890 Jasaundi BT 2.5 Village Road Left left in left out 

intersection 

27 120/840 Mordad BT 2.5 PMGSY Left left in left out 

intersection 

28 124/790 Ahukhana BT 3 Village Road Left left in left out 

intersection 

29 125/740 Burhanpur City BT 3.5 Village Road Right left in left out 

intersection 

Grade Separated Structures and Under Passes 

Underpasses for pedestrian and cattle crossing are not proposed on the project road 

corridor. 

Road Over Bridge (ROB) 

ROB’s are not proposed in the project road. 

______________________________________________________________________ 



3.0 Grade Separated Intersections. Interchanges 

3.1 Grade Separated Intersections with without ramp are not proposed in the project. 

4.0 Raising 

This Project road is not affected by flood zone. Hence additional raising is not proposed. 

4.10 Reconstruction / New Construction 

4.10.1 Reconstruction 

The entire length of Project road is proposed for Reconstruction. 

5.0 Structures 

Brief details of existing structures and proposal of Major Bridge, Minor Bridge, Slab 

Culverts and Pipe Culverts to be widened; reconstructed and proposal for new 

construction are given in Appendix B1 to B4. Any additional structures requiring new 

construction, strengthening or widening during entire Concession period will be the 

responsibility of the concessionaire for which no compensation will be paid. 

Table B-5: Summary of Existing Bridges and CD woks is as below 

Type 

Khandwa-Dehtalai & 

Dehtalai to Maharashtra 

Border 


Major 

Bridges 

Minor 

Bridges 

Causeways 

Pipe 

Culverts 

Slab 

culvert 

SC to 

PC 

Buried 

culverts 

2 18 1 28 40 - 3 

1 9 12 46 12 1 2 

Total 3 27 13 74 52 1 5 

Improvement 

proposed 

Table B-6: Summary of Improvement 

Type of Structure 

Pipe Culvert Slab/Bo Minor Major ROB Remarks 

x Bridges Bridges 

Culvert 

38 29 11 0 0 - 

Widening+ Repair & 

Strength 

Retained - - - 02 0 - 

Reconstruction 46 17 13 01 0 - 

Minor Bridge 

0 0 0 03 0 - 

Reconstructed as 

Major Bridge 

Causeway 


Minor Bridge 

PWD is 

Reconstructing 

0 0 12 0 0 - 

0 0 01 0 0 - 

______________________________________________________________________ 



Existing Causeway , 

which is Proposed to 

be Utilised 

Culverts 

0 0 02 0 0 - 


Minor bridge 

New Construction 26 0 0 0 0 - 

Total 110 46 39 06 0 - 

The cross drainage structures shall be designed in accordance with the design standards 

set forth in Schedule-‘D’. List of proposed structures to be reconstructed, widened + 

repair, retained and new construction as per above table are as mentioned hereafter. 

Wherever the existing bridges are proposed to be retained, or rehabilitation of 

substructure/. superstructure of any kind including replacement of bearings, expansion 

joints, pitching, pier protection, provision of barrier and railings shall be designed as per 

standard set forth in Schedule-‘D’. The improvement proposal of the structures is given in 

Appendix-B1 to B4. 

Sr. 

No 

Appendix B1-1: Details of Major Bridge (Retained) 

Proposal Design Ch. Details of Proposed 

Structure 

No. of Spans x Span 

length 


Existing 

width 

CW 

1 Retained 58.032 7 x 30.2 + 2 x 17 7.5 

Maharashtra Border - Dehtalai to Burhanpur 

2 Retained 110.691 8 x 15.2 7.6 

Sr. 

No 

Appendix B1-2: Details of Major Bridge (Widened) 


Structure 


length 

Nil 

Proposed 

width 

Sr. 

No 

Appendix B1-3: Details of Major Bridge (Reconstruction / New) 

Proposal Design Ch. Details of Proposed Proposed 

Structure 

width 


length 


17 x 10.40 12.00 

1 Reconstruction 

(PWD was about to 

Reconstruct but work 

still not taken up) 

4.915 

2 Reconstruction 8.974 10 x 14.90 12.00 




______________________________________________________________________ 



Sr. 

No. 

Appendix B2-1: Details of Minor Bridges (Retained) 


Structure 

Span 


Nil 

Proposed 

width 

CW 

Sr. 

No. 

Appendix B2-2: Details of Minor Bridges (Widened) 


Structure 

Span 

Proposed 

width 


1 Widening 16.683 2 x 5.15 12.00 

2 Widening 17.679 4 x 6.2 + 1 x 5.4 12.00 

3 Widening 19.776 3x2.60 12.00 

4 Widening 27.762 1 x 8.50 12.00 

5 Widening 28.194 2 x 6.70 12.00 

6 Widening 32.865 4 x 6.5 12.00 

7 Widening 39.778 3 x 6.90 12.00 

8 Widening 42.86 3 x 6.90 12.00 

9 Widening 57.359 2 x 10.40 12.00 


10 Widening 83.633 3 x 7.20 12.00 

11 Widening 87.228 1 x 6.40 12.00 

Appendix B2-3: Details of Minor Bridges (Reconstruction) 

Sr. 

No. 


Structure 

Proposed 

width 

Span 


1. Reconstruction by box 0.392 3 x 5 x 4.5 12.00 

(existing Minor bridge) 

2. New bridge under 

5.742 - - 

construction on left side 

is proposed to be utilized 

(existing Minor bridge). 

3. Reconstruction by box 8.693 3 x 4 x 4 12.00 




5. Reconstruction 

22.953 2 x 8.40 12.00 



32.272 2 x 10.40 12.00 




8. Reconstruction by Box 60.533 5 x 2 x 2 12.00 

(Existing culvert to Minor 

bridge) 

9. Existing causeway 

reconstructed as Minor 

59.874 4 x 3 x 3 12.00 

______________________________________________________________________ 



Sr. 

No. 


Structure 

Span 

bridge (Box type) 

10. Reconstruction by Box 

(Existing culvert to minor 

bridge) 

11. Existing Causeway 

Reconstructed as Minor 

bridge Slab type 



13. Reconstruction with 

existing span 

arrangement 



(Existing Causeway 

Reconstructed as minor 

bridge) 







18. Existing Causeway 

Reconstructed as Minor 

bridge Slab type 























Proposed 

width 

1.715 4 x 2 x 2 12.00 


66.148 4 x 10.40 12.00 

67.845 2 x 4 x 4 12.00 

70.253 5 x 10.40 12.00 

71.352 2 x 4 x 3.5 12.00 

72.229 3 x 3 x 3 12.00 

85.381 6 x 7.40 12.00 

89.450 3 x 10.40 12.00 

102.313 2 x 10.40 12.00 

115.895 5 x 4 x 4 12.00 

68.616 12 x 4 x 4 12.00 

76.547 4 x 3 x 3 12.00 

80.927 4 x 5 x 4 12.00 

87.097 4 x 4 x 4 12.00 

92.403 5 x 4 x 4 12.00 

93.428 3 x 5 x 4 12.00 

99.925 4 x 4 x 4 12.00 

______________________________________________________________________ 



Sr. 

No. 


Structure 

Span 






reconstructed by PWD 

MP is proposed to be 

utilized 

Proposed 

width 

106.992 1 x 6 x 6 12.00 

122.748 - - 

Sr. 

No. 

Appendix B3-1: Details of Slab Culverts/Box Culverts (Retained) 

Type of Proposal Details of Proposed Structure Proposed 

Existing 

Design Type of No. x width 

Structure 

Chainage (km.) Structure Span 


Sr. 

No. 

Nil 

Appendix B3-2: Details of Slab Culverts/Box Culverts (Widened) 


Existing 

Design Type of No. x width 

Structure 

Chainage Structure Span 

(km.) 


1. SC Widening 1.670 RCC SC 1 x 1.50 12.00 


3. SC Widening 3.188 RCC SC 1 x 2 12.00 






















______________________________________________________________________ 



Sr. 

No. 

Type of 

Existing 

Structure 

Proposal Details of Proposed Structure Proposed 

Design 

Chainage 

(km.) 

Type of 

Structure 

No. x 

Span 

width 






Sr. 

No. 

Appendix B3-3: Details of Slab Culverts/Box Culverts (Reconstruction) 


Existing 

Design Type of No. x Span width 

Structure 

Chainage Structure 

(km.) 


1. Arch Reconstruction 5.460 Box 1 x 2 x 2 12.00 

2. SC Reconstruction 13.840 Box 1 x 2 x 2 12.00 





7. PC Reconstruction 46.401 RCC SC 1 x 6 12.00 



10. Buried Reconstruction 58.971 Box 1 x 2 x 2 12.00 






15. SC (D/s) Reconstruction 

Box 1 x 3 x 3 12.00 

PC (U/s) 

89.03 



Sr. 

No. 

Type of 

Existing 

Structure 

Appendix B4-1: Details of Pipe Culverts (Retained) 

Proposal Design 

Chainage 

(km.) 

Nil 

Details of Proposed 

Structure 

Proposed 

width 

Sr. 

No. 

Type of 

Existing 

Structure 

Appendix B4-2: Details of Pipe Culverts (Widened) 

Proposal 

Design 

Chainage 

(km.) 


Structure 

Type of 

Structure 


Arrangement 

No x Dia. 

Proposed 

width 

1. PC Widened 49.698 PC 3 x 0.9 12.00 

2. PC Widened 49.893 PC 3 x 0.9 12.00 

______________________________________________________________________ 



Sr. 

No. 

Type of 

Existing 

Proposal Design 

Chainage 


Structure 

Proposed 

width 

Structure 

(km.) Type of 

Structure 

Arrangement 

No x Dia. 

3. PC Widened 54.824 PC 4 x 0.9 12.00 

4. PC Widened 59.596 PC 3 x 0.9 12.00 

5. PC Widened 60.629 PC 3 x 0.9 12.00 

6. PC Widened 0.145 PC 2 x 0.9 12.00 


7. PC Widened 65.511 PC 1 x 1 - 

8. PC Widened 66.754 PC 1 x 1 - 

9. PC Widened 69.661 PC 1 x 1 - 

10. PC Widened 73.134 PC 1 x 0.9 - 

11. PC Widened 73.746 PC 1 x 0.9 - 

12. PC Widened 75.043 PC 1 x 0.9 - 

13. PC Widened 76.148 PC 1 x 0.9 - 

14. PC Widened 76.861 PC 1 x 0.9 - 

15. PC Widened 80.179 PC 3 x 1 - 

16. PC Widened 80.442 PC 2 x 0.9 - 

17. PC Widened 81.918 PC 1 x 0.9 - 

18. PC Widened 83.029 PC 2 x 0.9 - 

19. PC Widened 90.408 PC 1 x 1.2 - 

20. PC Widened 91.37 PC 1 x 0.9 - 

21. PC Widened 94.905 PC 1 x 1.2 - 

22. PC Widened 97.704 PC 1 x 0.9 - 

23. PC Widened 112.894 PC 1 x 0.9 - 

24. PC Widened 115.555 PC 1 x 1.2 * - 

25. PC Widened 121.748 PC 1 x 0.9 - 

26. PC Widened 121.936 PC 2 x 0.9 - 

27. PC Widened 124.443 PC 1 x 1.2 - 


28 PC Widening 46.202 PC 1 x 1.2 12.00 

29 PC Widening 47.788 PC 3 x 1 12.00 








Maharshtra Border - Dehtalai to Burhanpur 



______________________________________________________________________ 



Sr. 

No. 

Type of 

Existing 

Structure 

Appendix B4-3: Details of Pipe Culverts (Reconstruction/New) 

Proposal 

Design 

Chainage 

(km.) 


Structure 

Type of 

Structure 


Arrangement 

No x Dia. 

Proposed 

width 

1. Buried Reconstruction 0.216 PC 2 x 1.2 12.00 


3. SC Reconstruction 6.459 PC 1 x 1.2 12.00 





8. - New 28.419 PC 1 x 1.2 12.00 

9. - New 29.150 PC 1 x 1.2 12.00 

10. PC Reconstruction 44.181 PC 2 x 1.2 12.00 



13. - New 47.466 PC 1 x 1 12.00 


15. - New 50.294 PC 1 x 1 12.00 

16. - New 50.763 PC 1 x 1.2 12.00 

17. - New 51.023 PC 1 x 1.2 12.00 

18. - New 51.324 PC 1 x 1 12.00 

19. - New 51.583 PC 1 x 1 12.00 

20. - New 52.164 PC 2 x 1 12.00 

21. - New 52.393 PC 2 x 1 12.00 



24. - New 53.842 PC 1 x 1.2 12.00 

25. - New 54.125 PC 1 x 1 12.00 

26. - New 56.181 PC 1 x 0.9 12.00 

27. - New 0.072 PC 3 x 1 12.00 

28. PC Reconstruction 0.515 PC 1 x 1 12.00 



30. - New 64.073 PC 1 x 1 12.00 

31. Arch Reconstruction 64.173 PC 1 x 1.2 12.00 



34. - New 67.595 PC 2 x 1 12.00 



37. - New 72.869 PC 1 x 1 12.00 



______________________________________________________________________ 



Sr. 

No. 

Type of 

Existing 

Proposal 

Design 

Chainage 


Structure 

Proposed 

width 

Structure 

(km.) Type of 

Structure 

Arrangement 

No x Dia. 

40. - New 77.923 PC 1 x 1 12.00 

41. - New 78.434 PC 1 x 1 12.00 





46. SC Reconstruction 86.004 PC 2 x 1 12.00 

47. - New 88.736 PC 1 x 1 12.00 

48. - New 90.541 PC 1 x 1 12.00 


50. Arch Reconstruction 91.972 PC 2 x 1 12.00 

51. - New 96.339 PC 3 x 1.2 12.00 

52. - New 98.961 PC 1 x 1 12.00 



55. - New 101.143 PC 1 x 1 12.00 

56. - New 102.693 PC 1 x 1 12.00 

57. - New 102.944 PC 1 x 1 12.00 

58. Buried Reconstruction 105.363 PC 2 x 1 12.00 







65. SC Reconstruction 114.296 PC 2 x 1 12.00 








Entry and Exit Ramp 

Entry and Exit ramps have not been provided on the Project Road. 

6.0 Slope Protection 

The side slope shall be protected by using suitable slope protection measures wherever 

required along the Project Highway. 

______________________________________________________________________ 



7.0 Utilities 

Provision of accommodating utilities shall be made both over as well as underground 

wherever required. 

8.0 Environment Management 

The Project Highway during design, construction, operation and maintenance shall 

conform to the environmental rules and regulations in force. The Concessionaire shall be 

responsible for the same. As such EMP Report enclosed herewith for his guidance should 

be referred to. He would be responsible for implementing the Environment Management 

plan and all expenditure incurred on account of this shall be borne by the concessionaire. 

______________________________________________________________________ 



SCHEDULE-C 

Project Facilities 

1. The Concessionaire shall construct the project facilities in accordance with the 

provisions of this agreement. Such Project facilities shall include 

a) Toll plazas 

b) Road side furniture 

c) Tree plantation 

d) Landscaping 

e) Truck lay bays 

f) Bus bays and bus shelters 

g) Highway lighting 

h) Others 

‣ Cattle crossings 

‣ Development of site for wayside amenities 

‣ Traffic aid posts 

‣ Medical aid posts 

‣ Vehicle rescue posts 

‣ Telecom system; and 

‣ Highway traffic management system 

2. Project Facilities for (Two-Laning) 

Project Facilities forming part of (Two-Laning) and to be completed on or before 

the Project completion date. 

______________________________________________________________________ 



Annex-I 

(Schedule-C) 

Project Facilities 

1.0 Concessionaire shall construct the project facilities described below to form part of two 

lane Project Highway. The project facility shall include: 

a) Toll plazas 

b) Road side furniture 

c) Tree plantation 

d) Landscaping 

e) Truck lay bays 

f) Bus bays and bus shelters 

g) Vehicle to MPRDC 

h) Others 

‣ Cattle crossings 

‣ Development of site for wayside amenities 

‣ Traffic aid posts 

‣ Medical aid posts 

‣ Vehicle rescue posts 

‣ Telecom system; and 

‣ Automatic Traffic Management System 

The details of project facilities to be provided are as below:- 

(a) 

Toll plazas: The project road is envisaged to be developed on commercial basis. 

Direct tolling method of revenue generation by constructing user fee plazas have 

been proposed. Based on the traffic study Two toll plazas are proposed at suitable 

location given in table below. 

Sr. 

No. 

Location of toll Plaza 

(Design Chainage) 

Homogenous Section 

Design Chainage) 

1 Km 10-11 Khandwa-Dedhtalai 

(Km 0.00 to Km 60.70) 

2 Km 115-116 Dedhtalai-Burhanpur 

(Km 60.70 to 127.09) 

Length (Km) 

60.70 

66.39 

For the purpose of tolling, the project is classified as two homogeneous section to 

meet the requirement of toll notification. The toll plaza shall be provide as per standard 

set-forth in Schedule 'D' having all facilities like lighting, water supply, and fire fighting 

system etc. Exact location of toll plaza between the specified chainage will be finalized 

as per clause 10.2 of Schedule 'D' . The land required for toll plaza shall be assessed 

by Concessionaire and agreed to by MPRDC. 

(b) 

Road Side Furniture 

(i) 

Road side furniture is to be provided as per standard set-forth in Schedule 

‘D’ on entire length of project. 

______________________________________________________________________ 



Overhead sign boards meeting the requirement of clause 11.5.5 of Schedule ‘D’ 

are to be provided for improvement. 

(c) 

(d) 

Tree Plantation: All along the road, trees should be planted be planted as per 

standard set forth in Schedule ‘D’. No of trees to be planted shall be at least 10 

times the trees cut during construction. 

Landscaping 

All the borrow areas shall be properly dressed maintaining drain ability outward 

from the road facility. The side slopes shall be turfed. Standards specifications set 

forth in Schedule ‘D’. 

(e) 

Truck lay bays : This should be provided as per standard set forth in Schedule ‘D’. 

The Location areas (indicative) as under: 

Table C-2: Location of Truck Lay Bays 

Sr. Locations (Km) Side Remarks 

No. 

1 60.20 Both Near Dedhtalai 

(f) 

Bus bays and Bus Shelters: - This should be provided as per standard set forth 

in clause 13.5 of Schedule ‘D’. The bus bays and bus shelters are proposed in 

built up area given in table below 

Sr. Locations (Km) Side Remarks 

No. 

Khandwa-Dedhtalai 

1 5.05 Both Tirandaajpur 

2 8.3 Both Jasvaadi 

3 12.84 Both Ranchora 

4 22.35 Both Balwaada 

5 32.95 Both Goody 

6 42.92 Both Borkheda 

7 52.91 Both Shekhpura 

8 53.91 Both Daahida 


9 62.49 Both Dedhtalai 

10 75.85 Both Tukaaithud 

11 81.24 Both Maajrod 

12 88.84 Both Khajnaar 

13 94.46 Both Dhaba 

14 98.69 Both Taarkheda 

15 101.44 Both Doifodiya 

16 110.83 Both Sirpur 

17 115.45 Both Singhkheda 

(g) 

Medical aid Posts:- Medical post shall be provided in accordance with the 

provision of Concession Agreement. 

______________________________________________________________________ 



(h) 

Rain Water Harvesting 

As per Ministry of Environment and Forests notifications, New Delhi dated 

14.01.1997 (as amended on 13.01.1998, 05.01.1999 and 06.11.2000), the 

construction of Rainwater Harvesting Structures is mandatory in and around water 

crisis area, notified by Central Ground Water Board. 

(i) 

Traffic Safety Devices 

As per clause 7.18 Schedule ‘D’, Crash Barriers shall be provided at locations of 

bridge approaches and high embankments & sharp curves. 

Also, damaged parapets & railing of above bridges shall be replaced by crash 

barriers 

______________________________________________________________________ 



______________________________________________________________________ 



SCHEDULE-F (Revised) 


PERFORMANCE SECURITY 

The Managing Director 

Madhya Pradesh Road Development Corporation Ltd. 

Bhopal 

WHEREAS: 

(A) **** (the “Concessionaire”) and the Madhya Pradesh Road Development 

Corporation Ltd. (the “MPRDC”) have entered into a Concession Agreement 

dated __________(the” Agreement”) whereby the MPRDC has agreed to the 

Concessionaire undertaking the Two laning of the development of Khandwa- 

Dehtalai- Burhanpur- section of State Highway No. 50 on Design, Build, 

Finance, Operate and Transfer (“DBFOT)” basis, subject to and in accordance with 

the provisions of the Agreement. 

(B) The Agreement requires the Concessionaire to furnish a Performance Security to 

the MPRDC in a sum of ` 11.35 crores (Rupees eleven crores thirty five lacs 

only) (the “Guarantee Amount”) as security for due and faithful performance of its 

obligations, under and in accordance with the Agreement, during the Construction 

Period (as defined in the Agreement). 

(C) We, ***** through our Branch at ***** (the “Bank” ) have agreed to furnish this 

Bank Guarantee by way of Performance Security. 

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and 

affirms as follows: 

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful 

performance of the Concessionaire’s obligations during the Construction Period, 

under and in accordance with the Agreement, and agrees and undertakes to pay to 

the MPRDC, upon its mere first written demand and without any demur, 

reservation, recourse, contest or protest, and without any reference to the 

Concessionaire, such sum or sums up to an aggregate sum of the Guarantee 

Amount as the MPRDC shall claim without the MPRDC being required to prove or 

to show grounds or reasons for its demand and/or for the sum specified therein. 

2. A letter from the MPRDC under the hand of an Officer not below the rank of Dy. 

General Manager in the MPRDC that the Concessionaire has committed default in 

the due and faithful performance of all or any of its obligations under and in 

accordance with the Agreement shall be Conclusive, final and binding on the 

Bank. The Bank further agrees that the MPRDC shall be the sole judge as to 

whether the Concessionaire is in default in due and faithful performance of its 

obligations during the Construction Period under the Agreement and its decision 

that the Concessionaire is in default shall be final, and binding on the Bank, 

notwithstanding any differences between the MPRDC and the Concessionaire or 

any dispute between them pending before any court, tribunal, arbitrators or any 

other MPRDC or body or by the discharge of the Concessionaire for any reason 

whatsoever. 

3. In order to give effect to this Guarantee, the MPRDC shall be entitled to act as if 

the Bank were the principal debtor and any change in the constitution of the 

Concessionaire and/or the Bank whether by their absorption with any other body or 

corporation or otherwise shall not in any way or manner affect the liability or 

obligation of the Bank under this Guarantee. 

______________________________________________________________________ 



4. It shall not be necessary, and the Bank hereby waives any necessity, for the 

MPRDC to proceed against the Concessionaire before presenting to the Bank its 

demand under this Guarantee. 

5. The MPRDC shall have the liberty, without affecting in any manner the liability of 

the Bank under this Guarantee, to vary at any time, the terms and conditions of the 

Agreement or to extend the time or period for the compliance with, fulfillment 

and/or performance of all or any of the obligations of the Concessionaire contained 

in the Agreement or to postpone for any time and from time to time any of the 

rights and powers exercisable by the MPRDC against the Concessionaire and 

either to enforce or forbear from enforcing any of the terms and conditions 

contained in the agreement and/or the securities available to the MPRDC, and the 

Bank shall not be released from its liability and obligation under these presents by 

any exercise by the MPRDC of the liberty with reference to the matters aforesaid 

or by reason of time omission on the part of the MPRDC or of any other 

forbearance, indulgence, act or which under any law relating to sureties and 

guarantors would but for this provision have the effect of releasing the Bank form 

its liability and obligation under this Guarantee and the Bank hereby waives all of 

its rights under any such law. 

6. This Guarantee is in addition to and not in substitution of any other guarantee or 

security now or which may hereafter be held by the MPRDC in respect of or 

relating to the Agreement or for the fulfillment, compliance and/or performance of 

all or any of the obligation of the concessionaire under the Agreement. 

7. Notwithstanding anything contain hereinbefore, the liability of the Bank under this 

guarantee is restricted to the Guarantee Amount and this Guarantee will remain in 

force until the earlier 1 st (first) anniversary of the Appointed Date or compliance 

of the conditions specified in paragraph 8 below and unless a demand or claim in 

writing is made by the MPRDC on the Bank under this Guarantee, not later than 6 

(six) months from the date of expiry of this Guarantee, all rights of the MPRDC 

under this Guarantee shall be forfeited and the Bank shall be relieved from its 

liabilities hereunder. 

8. The Performance Security shall cease to be in force and effect when the 

Concessionaire shall have expended on Project construction an aggregate sum not 

less than 20% (Twenty percent) of the Total Project Cost which is deemed to be 

`.********* crores (Rupees *************crores) for the purpose of this 

Guarantee and provided the Concessionaire is not in breach of this agreement. 

Upon request made by the Concessionaire for release of the Performance Security 

along with the particulars required hereunder, duly certified by a statutory auditor 

of the Concessionaire, the MPRDC shall release the Performance Security 

forthwith. 

9. The Bank undertakes not to revoke this Guarantee during its currency except with 

the previous express consent of the MPRDC in writing and declares and warrants 

that it has the power to issue this guarantee and the undersigned has full powers to 

do so on behalf of the Bank. 

10. Any notice by way of request, demand or otherwise hereunder may be sent by post 

addressed to the Bank at its above referred Branch, which shall be deemed to have 

been duly authorized to receive such notice and to effect payment thereof 

forthwith, and if sent by post it shall be deemed to have been given at the time 

when it ought to have been delivered in due course of post and in proving such 

notice, when given by post, it shall be sufficient to prove that the envelope 

______________________________________________________________________ 



containing the notice was posted and a certificate signed by an officer of the 

MPRDC that the envelope was so posted shall be conclusive. 

11. This Guarantee shall come into force with immediate effect and shall remain in 

force and effect for a period of one year and six month or until it is released earlier 

by the MPRDC pursuant to the provisions of the Agreement. 

Signed and sealed this ** day of *** 201* at ***. 

SIGNED, SEALED AND DELIVERED 

For and on behalf of the Bank by: 

(Signature) 

(Name) 

(Designation) 

(Address) 

______________________________________________________________________ 



SCHEDULE- K: 


OPERATION AND MAINTENANCE 

1. Maintenance Requirements 

1.1. The Concessionaire shall, at all times, operate and maintain the Project 

Highway in accordance with the provisions of the Agreement, Applicable 

Laws and Applicable Permits. In Particular, the Concessionaire shall, at all 

times during the Operation Period, conform to the maintenance 

requirements set forth in this Schedule-K (the “Maintenance 

Requirements”). 

1.2 The Concessionaire shall repair or rectify any defect or deficiency set forth 

in Paragraph 2 of this Schedule-K within the time limit specified therein 

and any failure in this behalf shall constitute a breach of the Agreement. 

Upon occurrence of any breach hereunder, the Government shall be entitled 

to recover Damages as set forth in Clause 17.8 of the Agreement, without 

prejudice to the rights of the Government under the Agreement, including 

Termination thereof. 

2 Repair/rectification of defects and deficiencies:- 

The obligation of the Concessionaire in respect in Maintenance Requirements shall 

include repair and rectification of the defects and deficiencies specified in Annex.- 

1 of this Schedule – K within the time limit set forth therein. 

3. Other defects and deficiencies:- 

3.1 In respect of any defect or deficiency not specified in Annex-I of this 

schedule – K, the Concessionaire shall undertake repair or rectification in 

accordance with Good Industry Practice. 

3.2 In respect of any defect or deficiency not specified in Annex.-I of this 

Schedule-K, the Independent Engineer may, in conformity with Good 

Industry Practice, specify the permissible limit of deviation or deterioration 

with reference to the Specifications and Standards, and any deviation or 

deterioration beyond the permissible limit shall be repaired or rectified by 

the Concessionaire with in the time limit specified by the Independent 

Engineer. 

4. Extension of time limit 

Not withstanding any thing to the contrary specified in this schedule-K, if the 

nature and extent of any defect or deficiency justifies more time for its repair or 

rectification than the time specified herein, the Concessionaire shall be entitled to 

additional time in conformity with Good Industry Practice. Such additional time 

shall be determined by the Independent Engineer and conveyed to the 

Concessionaire and the Government with reasons thereof. 

5. Emergency repairs/restoration 

Notwithstanding anything to the contrary contained in this Schedule-K, if any 

defect, deficiency or deterioration in the Project Highway poses danger to the life 

or property of the User thereof, the Concessionaire shall promptly take all 

reasonable measures for eliminating or minimizing such danger. 

6. Daily Inspection by the concessionaire 

The Concessionaire shall, through its engineer, undertake a daily visual inspection 

of the Project Highway and maintain a record thereof in a register to be kept in 

such form and manner as the Independent Engineer may specify. Such record shall 

be kept in safe custody of the Concessionaire and shall be open to inspection by the 

Government and the Independent Engineer at any time during office hours. 

______________________________________________________________________ 



7. Divestment Requirement 

All defects and deficiencies specified in this Schedule-K shall be repaired rectified 

by the Concessionaire so that the Project Highway conforms to the Maintenance 

Requirements on the Transfer Date. 

8. Display of Schedule – K 

The concessionaire shall display a copy of this Schedule-K at the Toll Plaza[s] 

along with the Complaint Register stipulated in Article-46 

______________________________________________________________________ 



(Schedule-K) 

REPAIR/RECTIFICATION OF DEFECTS AND DEFICIENCIES 

Annex-I 

The Concessionaire shall repair and rectify the defects and deficiencies specified in 

this Annex-I of Schedule-K within the time limit set forth herein 

Nature of defect or deficiency Time limit for Repair/rectification 

ROADS 

(a) Carriageway and paved shoulders 

(i) Breach or blockade - Temporary restoration of 

Traffic within 24 hours; permanent 

restoration within 15 days 

(ii) Roughness value exceeding 3000 - 180 days 

mm in a stretch of 1km (as measured 

by a standardized Vehicle mounted 

ROMDAS system Rougho meter/Bump 

Integrator) 

(iii) Characteristic deflection as per IRC-81-1997- Every year after 

rainy season 

(iv) Pot holes - 48 hours 

(v) Cracking in more than 5% of road - 30 days 

Surface in a stretch of 1 km 

(vi) Rutting 10mm in more than 2% of - 30 days 

road surface in a stretch of 1 km 

(measured with 3 m straight edge) 

(vii) Bleeding/skidding - 7 days 

(viii) Raveling/Stripping of bitumen - 15 days 

Surface Exceeding 10 sq m 

(ix) Damage to pavement edges - 15 days 

exceeding 10 cm 

(x) Removal of debris - 6 hours 

(b) Hard/earth shoulders, side slopes, drains and culverts 

(i) Variation by more than 2% in - 30 days 

prescribed slope of camber/cross fall 

(ii) Edge drop at shoulders exceeding - 7 days 

40 mm 

(iii) Variation by more than 15% - 30 days 

in the prescribed side (embankment) 

slopes 

(iv) Rain cuts/gullies in slope - 7 days 

(v) Damage to or silting of culverts and - 7 days 

Side drains during and immediately 

Preceding the rainy season 

(vi) Desilting of drains in - 48 hours 

urban/semi-urban areas 

(c) Road side furniture including road signs and pavement marking 

(i) Damage to shape or position; - 48 hours 

poor visibility or loss of retro-reflectivity 

______________________________________________________________________ 



(d) Street Lighting and telecom (ATMS) 

(i) Any major failure of the System - 24 hours 

(ii) Faults and minor failures - 8 hours 

(e) Trees and plantation 

(i) Obstructions in a minimum - 24 hours 

head-room of 5 m above carriageway 

or obstruction In visibility of road signs 

(ii) Deterioration in health of trees - Timely watering and bushes 

and treatment 

(iii) Replacement of trees and bushes - 90 days 

iv) Removal of vegetation affecting - 15 days 

sight line and road structures 

(f) Rest areas 

(i) Cleaning of toilets - Every 4 hours 

(ii) Defects in electrical, water and - 24 hours 

sanitary installations 

(g) Toll plaza[s] 

(i) Failure of toll collection equipment or - 8 hours 

lighting 

(ii) Damage to toll plaza - 7 days 

(h) Other Project Facilities and Approach roads 

(i) Damage or deterioration in Approach - 15 days 

Roads, [pedestrian Facilities, truck 

Lay-bys, bus-bays, bus-shelters, 

Cattle crossings, Traffic Aid Posts, 

Medical Aid Posts and other works] 

(ii) Damage or deterioration in Crash Barriers - 15 days 

BRIDGES 

(a) Superstructure of bridges 

(i) Cracks- 

Temporary measures - within 48 hours 

Permanent measures - within 45 days 

(ii) Spelling/scaling - 15 days 

(b) Foundations of bridges 

(i) Scouring and/or cavitations - 15 days 

(c) Piers, abutments, return walls and wing walls of bridges 

(i) Cracks and damages including settlement - 30 days 

and tilting 

(d) Bearings (metallic) of bridges 

(i) Deformation - 15 days 

(e) Joints in bridges 

(i) Loosening and malfunctioning of joints - 15 days 

(f) Other items relating to bridges 

______________________________________________________________________ 



(i) Deforming of pads in electrometric bearings - 7 days 

(ii) Gathering of dirt in bearings and joints; 

or clogging of spouts, weep holes and - 3 days 

vent-holes 

(iii) Damage or deterioration in parapets - 3 days 

side slopes of approaches 

(iv) Rain-cuts or erosion of banks of the - 15 days 

side slopes of approaches 

(v) Damage to wearing coat - 15 days 

(vi) Damage or deterioration in approach - 30 days 

slabs, pitching, apron, toes , floor or 

guide bunds 

(vii) Growth of vegetation affecting the - 15 days 

structure or obstructing the waterway 

______________________________________________________________________ 



SAFETY REQUIREMENTS 

1 Guiding principles 

SCHEDULE-L 

(See Clause 18.1.1) 

1.1 Safety Requirements aim at reduction in injuries, loss of life and damage to 

property resulting from accidents on the Project Highway, irrespective of the 

person(S) at fault. 

1.2 Users of the Project Highway include motorized and non-motorized vehicles as 

well as pedestrians and animals involved in, or associated with accidents. 

Vulnerable Road Users (VRU) include pedestrians as well as riders of motorized 

two-wheelers, bicycles and other vehicles which do not provide adequate occupant 

protection. 

1.3 Safety Requirements apply to all phases of construction, operation and 

maintenance with emphasis on identification of factors associated with accidents, 

consideration of the same, and implementation of appropriate remedial measures. 

1.4 Safety Requirements include measures associated with traffic management and 

regulation such as road signs, pavement marking, traffic control devices, roadside 

furniture, highway design elements, enforcement and emergency response. 

2 Obligations of the Concessionaire 

The Concessionaire shall abide by the following insofar as they relate to safety of 

the Users: 

(a) 

(b) 

(c) 

(d) 

(e) 

Applicable Laws and Applicable Permits; 

Manual for Safety in Road Design, issued by MPRDC; 

Relevant Standards/Guidelines of IRC relating to road geometrics, bridges, 

culverts, road signs, pavement marking and roadside furniture; 

Provisions of this Agreement; and 

Good Industry Practice. 

3 Appointment of Safety Consultant 

For carrying out safety audit of the Project Highway under and in accordance with 

this Schedule-L, the MPRDC shall appoint from time to time, one or more 

qualified firms or organizations as its Independent Consultants who will also act 

as the “Safety Consultant”. The Safety Consultant shall employ a team 

comprising, without limitation, one road safety expert and one traffic planner to 

undertake safety audit of the Project Highway. 

______________________________________________________________________ 



4 Safety measures during Development Period 

4.1 Not later than 90 (ninety) days from the date of this Agreement, the MPRDC shall 

appoint a Safety Consultant for carrying out safety audit at the design stage of the 

Project. The Safety Consultant shall collect data on all fatal crashes and other road 

accidents which occurred on the Project Highway in the preceding two years by 

obtaining copies of the relevant First Information Report (FIR) from the police 

stations having jurisdiction. The information contained in such FIRs shall be 

summarized in the form prescribed by MPRDC for this purpose and the data shall 

be analyzed for the type of victims killed or injured, impacting vehicles, location of 

accidents and other relevant factors. 

4.2 The Concessionaire shall provide to the Safety Consultant, in four copies, the 

relevant drawings containing the design details that have a bearing on safety of 

Users (the “Safety Drawings”). Such design details shall include horizontal and 

vertical alignments; sightlines; layouts of intersections; interchanges; road crosssection; 

bridges and culverts; side drains; provision for parked vehicles, slow 

moving vehicles (tractors, bullock carts, bicycles) and pedestrians; bus bays; truck 

lay-bys; and other incidental or consequential information. The safety Consultant 

shall review the design details and forward three copies of the Safety Drawings 

with its recommendations, if any, to the Independent Engineer who shall record its 

comments, if any, and forward one copy each to the MPRDC and the 

Concessionaire. 

4.3 The accident data and the design details shall be compiled, analyzed and used by 

the Safety Consultant for evolving a package of recommendations consisting of 

safety related measures for the Project Highway. The safety audit shall be 

completed in a period of three months and a report thereof (the “Safety Report”) 

shall be submitted to the MPRDC, in five copies. One copy each of the Safety 

Report shall be forwarded by the MPRDC to the Concessionaire and the 

Independent Engineer forthwith. 

4.4 The Concessionaire shall endeavor to incorporate the recommendations of the 

Safety Report in the design of the Project Highway, as may reasonably by required 

in accordance with Applicable Laws, Applicable Permits, Manuals and Guidelines 

of MOSRTH and IRC, Specifications and Standards, and Good Industry Practice. 

If the Concessionaire does not agree with any or all of such recommendations, it 

shall state the reasons thereof and convey them to the MPRDC forthwith. In the 

event that any or all of the works and services recommended in the Safety Report 

fall beyond the scope of Schedule-B, Schedule-C or Schedule-D, the 

Concessionaire shall make a report thereon and seek the instruction of the MPRDC 

for funded for funding such works out of the Safety Reserve in accordance with the 

provisions of Article 18. 

4.5 Without prejudice to the provisions of Paragraph 4.4, the Concessionaire and the 

Independent Engineer shall, within 15 (fifteen) days of receiving the Safety Report, 

send their respective comments thereon to the MPRDC, and not later than 15 

(fifteen) days of receiving such comments, the MPRDC shall review the same 

along with the Safety Report and by notice direct the Concessionaire to carry out 

any or all of the recommendations contained therein with such modifications as the 

______________________________________________________________________ 



MPRDC may specify; provided that any works or services required to be 

undertaken hereunder shall be governed by the provisions of Article 18. 

5 Safety measures during Construction Period 

Safety Consultant shall be appointed by the MPRDC, not later than 4 (four) 

months prior to the expected COD Project Completion Date, for carrying out a 

safety audit of the completed Construction Works 

Safety Consultant shall collect and analyze the accident data for the preceding two 

years in the manner specified in Paragraph 4.1 of this Schedule-L. It shall study the 

Safety Report for the Development Period and inspect the Project Highway to 

assess the adequacy of safety measures. The safety Consultant shall complete the 

safety audit within a period of 4 (four) months and submit a Safety Report 

recommending a package of additional road safety measures, if any, that are 

considered essential for reducing accident hazards on the Project Highway. Such 

recommendations shall be processed, mutatis mutandis, and acted upon in the 

manner set forth in Paragraphs 4.3, 4.4 and 4.5 schedules –L. 

The Concessionaire shall make adequate arrangements during the Construction 

Period for the safety of workers and road Users in accordance with the guidelines 

of IRC for safety in construction zones, and notify the MPRDC and the 

Independent Engineer about such arrangements. 

6. Safety measures during Operation Period 

6.1 The Concessionaire shall develop, implement and administer a surveillance and 

safety programme for Users, including correction of safety violations and 

deficiencies and all other actions necessary to provide a safe environment in 

accordance with this Agreement. 

6.2 The Concessionaire shall establish a Highway Safety Management Unit (the 

“HSMU”) to be functional on and after {COD} and designate one of its officers to 

be in-charge of the HSMU. Such officer shall have specialist knowledge and 

training in road safety and traffic engineering by having attended a course 

conducted by a reputed organization on the subject. 

6.3 The Concessionaire shall keep a copy of every FIR recorded by the Police with 

respect to any accident occurring on the Project Highway. In addition, the 

Concessionaire shall also collect data for all cases of accidents not recorded by the 

Police but where a vehicle rolled over or had to be towed away. The information so 

collected shall be summarized in the form prescribed by MPRDC for this purpose. 

The Concessionaire shall also record the exact location of each accident on a road 

map. The aforesaid data shall be submitted to the MPRDC at the conclusion of 

every quarter and to the Safety Consultant as and when appointed. 

6.4 The Concessionaire shall submit to the MPRDC before the 31 st (thirty first) may of 

each year, an annual report (in ten copies) containing, without limitation, a detailed 

listing and analysis of all accidents of the preceding Accounting Year and the 

______________________________________________________________________ 



measures taken by the Concessionaire pursuant to the provisions of Paragraph 6.1 

of this Schedule-L for averting or minimizing scum accidents in future. 

6.5 Once in every Accounting Year, a safety audit shall be carried out by the Safety 

Consultant to be appointed by the MPRDC. It shall review and analyze the annual 

report and accident data of the preceding year, and undertake an inspection of the 

Project Highway. The Safety Consultant shall the complete the safety audit within 

a period of 1 (One) month and submit a safety report recommending specific 

improvements, if any, required to be made to the road, bridges, culverts, markings, 

signs, road furniture and Project Facilities, including cattle crossings and 

pedestrian crossings. Such recommendation shall be processed, mutatis mutandis, 

and acted upon in the manner set forth in Paragraphs 4.3, 4.4 and 4.5 of this 

Schedule-L. 

7 Costs and expenses 

Costs and expenses incurred in connection with the Safety Requirements set forth 

herein including the provisions of Paragraph 2 of this Schedule, shall be met in 

accordance with Article 18, and in particular, the remuneration of the Safety 

Consultant, the cost of works and services, safety audit, and costs incidental 

thereto, shall be met out of the Safety Reserve Fund. 

______________________________________________________________________ 



SCHEDULE-Q (Revised) 


TERMS OF REFERENCE FOR INDEPENDENT ENGINEER 

1. Scope 

1.1 These Terms of Reference for the Independent Engineer (the "TOR" ) are being 

specified pursuant to the Concession Agreement dated .............. (the 'Agreement"), 

which has been entered into between the MPRDC and ....... (the " Concessionaire") 

for two - laning of the Khandwa-Dehtalai-Burhanpur State Highway No. 50 in 

the State on build, operate and transfer (BOT) basis, and a copy of which is 

annexed hereto and marked as Annex-A to form part of this TOR. 

1.2 This TOR shall apply to construction, operation and maintenance of the twolane) 

Project Highway, 

2. Definitions and interpretation 

2.1 The words and expressions beginning with or in capital letters used in this OR and 

not defined herein but defined in the Agreement shall have, unless repugnant to the 

context, the meaning respectively assigned to them in the agreement. 

2.2 References to Articles, Clauses and Schedules in this TOR shall, except here the 

context otherwise requires, be deemed to be references to the articles, Clauses and 

Schedules of the Agreement, and references to paragraphs shall be deemed to be 

references to Paragraphs of this TOR. 

2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall 

apply, mutatis mutandis, to this TOR. 

3. Role and functions of the Independent Engineer. 

3.1 The role and functions of the Independent Engineer shall include the following:- 

i) review of the Drawings and Documents as set forth in paragraph 4; 

ii) review, inspection and monitoring of Construction Works as set forth in 

paragraph 5; 

(iii) Conducting Tests on completion of construction and issuing 

Completion/Provisional Certificate as set forth in Paragraph 5: 

(iv) review, inspection and monitoring of O&M as set forth in Paragraph 6; 

v) review, inspection and monitoring of Divestment Requirements as set forth 

in Paragraph 7; 

vi) determining, as required under the Agreement, the costs of any works or 

services and/ or their reasonableness; 

vii) determining, as required under the agreement, the period or any 

extension thereof, for performing any duty or obligation; 

(viii) assisting the Parties in resolution of disputes as set forth in Paragraph 9 ; 

and 

(ix) undertaking all other duties and functions in accordance with the 

Agreement. 

3.2 The Independent Engineer shall discharge its duties in a fair, impartial and efficient 

manner, consistent with the highest standards of professional integrity and Good 

Industry Practice. 

4. Development Period 

4.1 During the Development Period, the Independent Engineer shall undertake a 

detailed review of the Drawings to be furnished by the Concessionaire along with 

supporting data, including the geo-technical and hydrological investigations, 

characteristics of materials from borrow areas and quarry sites, topographical 

surveys and traffic surveys. The Independent Engineer shall complete such review 

and send its comments/observations to the MPRDC and the Concessionaire within 

______________________________________________________________________ 



15(fifteen) days of receipt of such Drawings. In particular, such comments shall 

specify the conformity or otherwise of such Drawings with the Scope of the Project 

and Specifications and Standards. 

4.2 The Independent Engineer shall review any modified Drawings or supporting 

Documents sent to it by the Concessionaire and furnish its comments within 7 

(seven) days of receiving such Drawings or Documents. 

4.3 The Independent Engineer shall review the Drawings sent to it by the Safety 

Consultant in accordance with Schedule-L and furnish its comments thereon to 

MPRDC and Concessionaire within 7 (seven) days of receiving such Drawings. 

The Independent Engineer shall also review the Safety Report and furnish its 

comments thereon to MPRDC within 15 (fifteen) days of receiving such report. 

4.4 The Independent Engineer shall review the detailed design, construction 

methodology, quality assurance procedures and the procurement, engineering and 

construction time schedule sent to it by the Concessionaire and furnish its 

comments within 15 (fifteen) days of receipt thereof. 

4.5 Upon reference by MPRDC, the Independent Engineer shall review and comment 

on the EPC Contract or any other contract for construction, operation and 

maintenance of the Project Highway, and furnish its comments within 7 (seven) 

days from receipt of such reference from the MPRDC. 

5. Construction Period 

5.1 In respect of the Drawings, Documents and Safety Report received by the 

Independent Engineer for its review and comments during the Construction Period, 

the provisions of Paragraph 4 shall apply, mutatis mutandis. 

5.2 The Independent Engineer shall review the monthly progress report furnished by 

the Concessionaire and send its comments thereon to MPRDC and the 

Concessionaire within 7 (seven) days of receipt of such report. 

5.3 The Independent Engineer shall inspect the Construction Works and the Project 

Highway once every month, preferably after receipt of the monthly progress report 

from the concessionaire, but before the 20th (twentieth) day of each month in any 

case, and make out a report such inspection (the "Inspection Report")setting forth 

an overview of the status, progress, quality and safety of construction, including 

the work methodology adopted, the materials used and their sources and 

conformity of construction works, such the Scope of the Project and the 

Specifications and Standards. In a separate section of the Inspection Report, the 

Independent Engineer shall describe in reasonable detail the lapses, defects of 

deficiencies observed by it in the construction of the Project Highway. The 

Inspection Report shall also contain a review of the maintenance of the existing 

lanes in conformity with the provisions of the agreement. The Independent 

Engineer shall send a copy of its Inspection Report to the MPRDC and the 

Concessionaire within 7 (seven) days of the Inspection. 

5.4 The Independent Engineer may inspect the Project Highway more than once in a 

month if any lapses, defects or deficiencies require such inspections. 

5.5 For determining that the Construction Works conform to specifications and 

Standards, the Independent Engineer shall require the Concessionaire to carry out, 

or cause to be carried out, tests on a sample basis, to be specified by the 

Independent Engineer in accordance with Good Industry Practice for quality 

assurance. For purposes of this Paragraph 5.5, the tests specified in the IRC Special 

Publication-II (Handbook of Quality Control for Construction of Roads and 

Runways) and the Specifications for Road and Bridge Works issued by MORTH 

(the "Quality Control Manuals") or any modification/substitution thereof shall be 

deemed to be tests conforming to Good Industry Practice for quality assurance. 

______________________________________________________________________ 



The Independent Engineer shall issue necessary directions to the Concessionaire 

for ensuring that the tests are conducted in a fair and efficient manner, and shall 

monitory and review the results thereof. 

5.6 The sample size of the tests, to be specified by the Independent Engineer under 

paragraph 5.5, shall comprise 10%(ten percent) of the quality or number of tests 

prescribed for each category or type of tests in the Quality control Manuals; 

provided that the Independent Engineer may, for reasons to be recorded in 

writing, increase the aforesaid sample size by up to 10% (ten percent) for certain 

categories or types of tests. 

5.7 The timing of tests referred to in Paragraph 5.5, and the criteria for acceptance/ 

rejection of their rests shall be determined by the Independent Engineer in 

accordance with the Quality Control Manuals. The tests shall be undertaken on a 

random sample basis and shall be in addition to, and independent of, the tests that 

may be carried out by the Concessionaire for its own quality assurance in 

accordance with Good Industry Practice. 

5.8 In the event that the concessionaire carries out any remedial works for removal or 

rectification of any defects or deficiencies, the Independent Engineer shall require 

the Concessionaire to carry out, or cause to be carried out, tests to determine that 

such remedial works have brought the Construction Works into conformity with 

the Specifications and Standards, and the provisions of this Paragraph 5 shall apply 

to such tests. 

5.9 In the event that the Concessionaire fails to achieve any of the Project Milestones, 

the Independent Engineer shall undertake a review of the progress of construction 

and identify potential delays, if any. If the Independent Engineer shall determine 

that completion of the Project Highway is not feasible within the time specified in 

the Agreement, it shall require the concessionaire to indicate within 15( fifteen) 

days the steps proposed to be taken to expedite progress, and the period within 

which the Project Completion Date shall be achieved. Upon receipt of a report 

from the Concessionaire, the Independent Engineer shall review the same and send 

its comments to the MPRDC and the Concessionaire forthwith. 

5.10 If at any time during the Construction Period, the Independent Engineer determines 

that the Concessionaire has not made adequate arrangements for the safety of 

workers and Users in the Zone of Construction or that any work is being carried 

out in a manner that threatens the safety of the workers and the Users, it shall make 

a recommendation to the MPRDC forthwith, identifying the whole or part of the 

Construction Works that should be suspended for ensuring safety in respect 

thereof. 

5.11 In the event that the Concessionaire carries out any remedial measures to secure 

the safety of suspended works and users, it may, by notice in writing, require the 

Independent Engineer to inspect such works, and within 3 (three) days of receiving 

such notice, the Independent Engineer shall inspect the suspended works and make 

a report to the MPRDC forthwith recommending whether or not such suspension 

may be revoked by the MPRDC. 

5.12 If suspension of Construction Works is for reasons not attributable to the 

Concessionaire, the Independent Engineer shall determine the extension of dates 

set forth in the Project Completion Schedule, to which the Concessionaire is 

reasonably entitled, and shall notify the MPRDC and the Concessionaire of the 

same. 

5.13 The Independent Engineer shall carry out, or cause to carried out, all the Tests 

specified in Schedule-I and issue a Completion Certificate or Provisional 

Certificate, as the case may be. For carrying out its functions under this Paragraph 

______________________________________________________________________ 



5.13 and all matters incidental thereto, the Independent Engineer shall act 

under and in accordance with the provisions of Article 14 and Schedule-I. 

5.14 Upon reference from the MPRDC, the Independent Engineer shall make a fair and 

reasonable assessment of the costs of providing information, works and services as 

set forth in Article 16 and certify the reasonableness of such costs for payment by 

MPRDC to the Concessionaire. 

5.15 The Independent Engineer shall aid and advise the Concessionaire in preparing the 

Maintenance Manual. 

6. Operation Period 

6.1 In respect of the Drawings, Documents and Safety Report received by the 

Independent Engineer for its review and comments during the Operation Period, 

the provisions of Paragraph 4 shall apply, mutatis mutandis. 

6.2 The Independent Engineer shall review the annual Maintenance Programme 

furnished by the Concessionaire and send its comments thereon to the MPRDC and 

the Concessionaire within 15 (fifteen) days of receipt of the Maintenance 

Programme. 

6.3 The Independent Engineer shall review the monthly status report furnished by the 

Concessionaire and send its comments thereon to MPRDC and the Concessionaire 

within 7 (seven) days of receipt of such report. 

6.4 The Independent Engineer shall inspect the Project Highway once every month, 

preferably after receipt of the monthly status report from the Concessionaire, but 

before the 20th (twentieth) day of each month in any case, and make out an O&M 

Inspection Report setting forth an overview of the status, quality and safety of 

O&M including its conformity with the Maintenance Requirements and Safety 

Requirements. In a separate section of the O&M Inspection Report, the 

Independent Engineer shall describe in reasonable detail the lapses, defects or 

deficiencies observed by it in O&M of the Project Highway. The Independent 

Engineer shall send a copy of its O&M Inspection Report to the MPRDC and the 

Concessionaire within 7 (seven) days of the Inspection. 

6.5 The Independent Engineer may inspect the Project Highway more than once in a 

month, if any lapses, defects or deficiencies require such inspection. 

6.6 The Independent Engineer shall in its O&M Inspection Report specify the tests, if 

any, that the Concessionaire shall carry out, or cause to be carried out, for the 

purpose of determining that the Project Highway is in conformity with the 

Maintenance Requirements. It shall monitor and review the results of such tests 

and the remedial measures, if any, taken by the Concessionaire in this behalf. 

6.7 In respect of any defect or deficiency in maintenance parameters laid down in 

Schedule-K, the Independent Engineer shall, in conformity with Good Industry 

Practice, specify the permissible limit of deviation or deterioration with reference 

to the Specifications and Standards and shall also specify the time limit for repair 

or rectification of any deviation or deterioration beyond the permissible limit. 

6.8 The Independent Engineer shall determine if any delay has occurred in completion 

of repair or remedial works in accordance with the Agreement, and shall also 

determine the damages, if any payable by the concessionaire to the MPRDC for 

such delay. 

6.9 The Independent Engineer shall examine the request of the Concessionaire for 

closure of any lane(s) of the carriageway for undertaking maintenance/repair 

thereof, keeping in view the need to minimize disruption in traffic and the time 

required for completing such maintenance/repair in accordance with Good Industry 

Practice. It shall grant permission with such modifications, as if may deem 

necessary, within 5 (five) days of receiving a request from the Concessionaire. 

______________________________________________________________________ 



Upon expiry of the permitted period of closure, the Independent Engineer shall 

monitor the re-opening of such lane(s), and in case of delay, determine the 

Damages payable by the Concessionaire to the MPRDC under Clause 17.7. 

6.10 The Independent Engineer shall monitor and review the curing of defects and 

deficiencies by the Concessionaire as set forth in Clause 19.4 

6.11 In the event that the Concessionaire notifies the Independent Engineer of any 

modifications that it proposes to make to the Project Highway, the Independent 

Engineer shall review the same and send its comments to the MPRDC and the 

Concessionaire within 15 (fifteen) days of receiving the proposal. 

6.12 The Independent Engineer shall undertake traffic sampling, as and when required 

by the MPRDC, under in accordance with Article 22 and Schedule- O. 

7. Termination 

7.1 At any time, not earlier than 90 (ninety) days prior to Termination but not later 

than 10 (ten) days prior to such termination, the Independent Engineer shall, in the 

presence of a representative of the Concessionaire, in respect of Project Highway 

for determining compliance by the Concessionaire with the Divestment 

Requirements set forth in Clause 38.1 and, if required, cause tests to be carried 

out at the Concessionaire's cost for determining such compliance. If the 

Independent Engineer determines that the status of the Project Highway is such 

that its repair and rectification would require a larger amount than the sum set forth 

in Clause 39.2, it shall recommend retention of the required amount in the Escrow 

Account and the period of retention thereof. 

7.2 The Independent Engineer shall inspect the Project Highway once in every 15 

(fifteen) days during a period of 90 (ninety) days after Termination for determining 

the liability of the Concessionaire under Article 39, in respect of the defects or 

deficiencies specified therein. If any such defect or deficiency is found by the 

Independent Engineer, it shall make a report in reasonable detail and send it 

forthwith to the MPRDC and the Concessionaire. 

8. Determination of costs and time 

8.1 The Independent Engineer shall determine the costs, and/or their reasonableness, 

that are required to be determined by it under the agreement. 

8.2 The Independent Engineer shall determine the period, or any extension thereof, 

that is required to be determined by it under the agreement. 

9. Assistance in Dispute resolution 

9.1 When called upon by either Party in the event of any Dispute, the Independent 

Engineer shall mediate and assist the Parties in arriving at an amicable settlement. 

9.2 In the event of any disagreement between the Parties regarding the meaning, scope 

and nature of Good Industry Practice, as set forth in any provision of the 

Agreement, the Independent Engineer shall specify such meaning, scope and 

nature by issuing a reasoned writer statement relying on good industry practice and 

authentic literature. 

10. Other duties and functions 

The Independent Engineer shall perform all other duties and functions specified in 

the agreement. 

11. Miscellaneous 

11.1 The Independent Engineer shall notify its programme of inspection to the MPRDC 

and to the Concessionaire, who may, in their discretion, depute their respective 

representatives to be present during the inspection. 

11.2 A copy of all communications, comments, instructions, Drawings or Documents 

sent by the Independent Engineer to the concessionaire pursuant to this TOR, and a 

______________________________________________________________________ 



copy of all the test results with comments of the Independent Engineer thereon 

shall be furnished by the Independent Engineer to the MPRDC forthwith. 

11.3 The Independent Engineer shall obtain, and the Concessionaire shall furnish in two 

copies thereof, all communications and reports required to be to submitted, under 

this Agreement, by the Concessionaire to the Independent Engineer, whereupon 

the Independent Engineer shall send one of the copies 

to the MPRDC along with its comments thereon. 

11.4 The Independent Engineer shall retain at least one copy each of all Drawings and 

Documents received by it, including "as-built" Drawings, and keep them in its 

safe custody. 

11.5 Upon completion of its assignment hereunder, the Independent Engineer shall duly 

classify and list all Drawings, Documents, results of tests and other relevant 

records, and hand them over to MPRDC or such other person as the MPRDC may 

specify, and obtain written receipt thereof. Two copies of the said document shall 

also be furnished in micro film form or in such other medium as may be acceptable 

to MPRDC. 

______________________________________________________________________ 



SCHEDULE – R 


FEE 

NOTIFICATION 

Draft notification which is to be issued is enclosed 

______________________________________________________________________ 



Government of Madhya Pradesh 

Public Works Department 

Mantralaya 

Draft NOTIFICATION 

Bhopal, dated 2010 

No.F-23-12/2007/G/19. In exercise of the powers, conferred by Section-2 read with 

Section-4 of the Indian Tolls Act, 1851(No. VIII of 1851) in its application to the State of 

Madhya Pradesh, the State Government is pleased to grant sanction for levying toll on the 

following Basic Rates on the road shown as below, being developed on BOT scheme, on a 

per trip per vehicle basis for road or part thereof (Homogeneous Section) with effect from 

the date of completion certificate for the road or part thereof (Homogeneous Section) 

issued by Madhya Pradesh Road Development Corporation Ltd. 

S.No. Description Basic Toll Rate 

effective from 

01.09.2007 (Rs. 

per Km & per 

trip) 

1 Car 0.35 

2 Light Commercial Vehicle 0.85 

3 Bus 1.75 

4 Truck 2.11 

5 Multi Axle Truck 4.21 

2. The toll will be collected by private developer, or their agent, selected by Madhya 

Pradesh Road Development Corporation Limited. The rates of toll on each toll plaza 

will be specified by Madhya Pradesh Road Development Corporation Ltd. on the 

basis of above Rates. The physical location of Toll Plaza and of Homogeneous 

Section will be as per the tender issued by MP Road Development Corporation 

limited. 

3. The above rates will increase on every Toll Plaza every year on the basis of 

Wholesale Price Index and will be rounded off to the nearest five rupees. The 

increase will be made effective from 1 st September every year, based on the 

Wholesale Price Index for the year ending 31 st March. The Basic Toll Rates will be 

as per the rates notified to be effective as on 01.09.2007. The calculation of toll 

increase every year will be done as per the formula (example) given below :- 

Basic Wholesale Price Index - WPI (A) 

(For the year ending 31 st March, 2007) 

Wholesale Price Index for the year - WPI (B) 

Ended 31 st March, 2008. 

______________________________________________________________________ 



Formula for calculation: 

New Toll Rate (w.e.f.01.09.2008) = Basic Toll Rate x WPI(B) 

WPI (A) 

For the coming years, the calculations will be done as per the above based on new 

Wholesale Price Index for new years. Basic Wholesale Price Index will be of the 

year ending 31 st March, 2007. 

4. Local Traffic will remain exempted from payment of toll. Such vehicles will be 

issued monthly passes by the Concessionaire. Such passes will be issued to eligible 

vehicle owners, by the Concessionaire, on production of necessary documents and 

after payment of monthly fee of Rs. 50.00 (Rupees Fifty only) to be revised 

annually applicable from 1 st September of every year to reflect the variation in WPI 

as compared to WPI of year ended March, 31, 2007 and then rounded off to nearest 

five rupees. For the purpose of such exemption, Local Traffic will mean the traffic 

on account of commuting by a private Car/Jeep or equivalent vehicle by means of 

the Project Highway; provided that such private Car is owned by a person who 

resides within a distance of 20 (twenty) Km. from the Toll Plaza.; provided that any 

vehicle that uses the part of Project Highway but crosses more than one Toll Plaza 

will not be reckoned as Local Traffic. Similarly no passes will be required or fee 

will be collected from such Local Traffic that uses part of the Project Highway and 

does not cross a Toll Plaza. 

5. Upon construction of service lanes, the Local Traffic and other vehicles shall be 

entitled to free use of Service lanes and Concessionaire shall be entitled to refuse 

entry of such vehicles on Project Highway except for upon payment of fee, as is 

applicable as per the terms of this notification. 

6. Levy and collection of toll on the road or part thereof (Homogeneous Section) shall 

commence upon completion/provisional completion of construction of the Project 

Highway, in accordance with the provisions of the Concession Agreement. 

7. The Concessionaire shall, near the entry point of the Project Highway and near the 

each Toll Plaza on both sides, prominently display the applicable toll charges for 

information of users approaching from either side of the Project Highway in both 

Hindi & English. 

8. Unauthorized Collection 

(1) In the event that a Concessionaire collects from any person a sum of money not 

due and payable hereunder, the Concessionaire shall be liable to refund to such 

person forthwith the amount so collected along with a sum computed @ 3 % (three 

percent) of the amount so collected, for each day from the date of collection till the 

date of refund, by way of damages. In the event that such amount together with 

damages computed in the manner as aforesaid is not paid to such person for any 

______________________________________________________________________ 



reason whatsoever, the same shall be deposited with MPRDC within a period of 15 

(fifteen) days from the date of such collection. 

(2) Any dispute relating to amounts payable by the Concessionaire under Sub-clause 

8.1 shall be settled by the Divisional Manager, MPRDC having jurisdiction over 

the Project Highway, by an order in writing and appeal, if any, against such order 

shall lie with the Chief Engineer, MPRDC having jurisdiction over the Project 

Highway. 

(3) Any person aggrieved in connection with the collection of toll may lodge a 

complaint to the Divisional Manager, MPRDC having jurisdiction over the Project 

Highway. The Divisional Manager shall pass order on such complaint within a 

period of 15 (fifteen) days and appeal, if any, against such order shall lie with the 

Chief Engineer, MPRDC having jurisdiction over the Project Highway. 

9. This notification will be effective for the entire concession period as per the tender 

issued by MP Road Development Corporation. 

10. The State Government further declares that following categories of vehicle will be 

exempted from payment of toll while crossing these roads. 

1) All vehicles belonging to the Government of India, Government of Madhya 

Pradesh and those on Government duty. 

2) Vehicle belonging to the Hon’ble Member of Parliament and Member of 

Legislative Assembly. 

3) All vehicles belonging to the Indian Army on duty. 

4) Ambulances 

5) Fire Brigades 

6) Vehicles belonging to the Indian Posts and Telegraph Department 

7) Tractor-Trolleys used for agriculture purpose. 

8) Auto Rickshaws, Two wheeler and bullock carts. 

9) Freedom fighters and Accredited Journalists. 

Note: The driver of the vehicle/van so exempted from payment of toll shall state his name, 

rank and name of duty on which he is engaged. 

11. The roads selected for development on BOT basis, on which this notification shall 

S. 

No. 

apply are as given below: 

Name of Road 

Homogeneous Section 

(in Km) 

Location of Toll Plaza 

Length for 

which Toll 

Collected 

______________________________________________________________________ 



1 Khandwa- 

Dedhtalai- 

Burhanpur Road 

i) Km 0.00 to Km 60.70 

ii) Km 60.70 to Km 127.09 

i) Km 10.00 to Km 11.00 

ii) Km 115.00 to Km 116.00 

i) 60.70Km 

ii) 66.39 Km 

By order and in the name of 

Governor of Madhya Pradesh 

Dy. Secretary 



______________________________________________________________________ 



Endt. No. F-23-12/2006/G/19/ Bhopal dated .2010 

Copy to : 

1, The Principal Secretary to Hon’ble Chief Minister, Mantralaya, Bhopal 

2. The Principal Secretary, Finance Department, Mantralaya, Bhopal 

3. All Commissioner, Madhya Pradesh 

4. The Accountant General, Bhopal/Gwalior 

5 Managing Director, MP Road Development Corporation, Bhopal 

6. The Engineer-in-Chief, Public Works Department, Bhopal 

7. All Collectors, Madhya Pradesh 

8. All Chief Engineers, Public Works Department, Madhya Pradesh 

9 All Superintending Engineer, Public Works Department, Madhya Pradesh 

10. All Executive Engineer, Public Works Department, Madhya Pradesh 

11. Controller, Government Press, Bhopal. 

Dy. Secretary 



______________________________________________________________________ 



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______________________________________________________________________ 



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}kjk izdkf’kr fd;k tkrk gSA 

______________________________________________________________________ 



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mi lfpo] 


______________________________________________________________________ 



SCHEDULE-S (Revised) 


ESCROW AGREEMENT 

THIS ESCROW AGREEMENT is entered into on this the ***day of ***201* at 

Bhopal. 

AMONGST 

1 [**** LIMITED], a company incorporated under the provisions of the 

Companies Act, 1956 and having its registered office at **** (hereinafter 

referred to as the “Concessionaire” which expression shall unless repugnant 

to the context or meaning thereof include its successors, assigns and 

permitted substitutes); 

2 ****[name and particulars of Lenders’ Representative] and having its 

registered office at ***acting for and on behalf of the Senior Lenders as their 

duly authorized agent with regard to matters arising out of or in relation to 

this Agreement (hereinafter referred to as the “Lenders’ Representative” 

which expression shall unless repugnant to the context or meaning thereof 

include its successors and substitutes); 

3 **** [name and particulars of the Escrow Bank] and having its registered 

office at ****(hereinafter referred to a the “Escrow Bank” which expression 

shall unless repugnant to the context or meaning thereof include it 

successors and substitutes); and 

4 MADHYA PRADESH ROAD DEVELOPMENT 

CORPORATIONLIMITED a Company incorporated under the provisions 

of Companies Act 1956 and Registered vide Certificate of Incorporation No. 

U-45203/MP/2004.PIC/16758 dated 14.07.2004 as issued by the Registrar 

of Companies, Madhya Pradesh, Gwalior, and having its office at 16-A, 

Arera Hills, Bhopal – 462 011 (Madhya Pradesh) (hereinafter referred to as 

“MPRDC” which expression shall unless repugnant to the context or 

meaning thereof include its administrators, successors and assigns), 

WHEREAS: 

(A) 

The MPRDC has entered into a Concession Agreement dated *** with the 

Concessionaire (the “Concession Agreement”) for two-laning of the Rau- 

Khandwa-Dehtalai-Burhanpur Section (km ** to **) of State Highway 

No. 50 in the State of Madhya Pradesh on build, operate and transfer (BOT) 

basis and a copy of which is annexed hereto and marked as Annex-A to form 

part of this Agreement. 

______________________________________________________________________ 



(B) 

(C) 

Senior Lenders have agreed to finance the Project in accordance with the 

terms and conditions set forth in the Financing Agreements. 

The Concession Agreement requires the Concessionaire to establish and 

Escrow 

Account inter alia, on the terms and conditions stated therein. 

NOW IT IS HEREBY AGREED as follows: 

1 DEFINITIONS AND INTERPRETATION 

1.1 Definitions 

In this Agreement, the following words and expressions shall, unless 

repugnant to the context or meaning thereof, have the meaning hereinafter 

respectively assigned to them: 

“Agreement” means this Escrow Agreement and any amendment thereto 

made in accordance with the provisions contained herein; 

“Concession Agreement” means the Concession Agreement referred to in 

Recital (A) Above and annexed hereto as Annex-A, and shall include all of 

its Recitals and Schedules and any amendments made thereto in accordance 

with the provisions contained in this behalf therein; 

“Cure Period” means the period specified in this Agreement for curing any 

breach or default of any provision of this Agreement by the Concessionaire, 

and shall commence from the date on which a notice is delivered by the 

MPRDC or the Lenders’ Representative, as the case may be, to the 

Concessionaire asking the latter to cure the breach specified in such notice; 

“Escrow Account” means an escrow account established in terms of and 

under this Agreement, and shall include the Sub Accounts 

“Escrow Default” shall have the meaning ascribed thereto in Clause 6.1; 

“Lenders’ Representative” means the person referred to as the Lenders’ 

Representative in the foregoing Recitals; 

“Parties” means the parties to this Agreement collectively and “Party” shall 

means any of the parties to this Agreement individually; 

“Payment Date” means, in relation to any payment specified in Clause 4.1, 

the date (s) specified for such payment; and 

______________________________________________________________________ 



“Sub-Accounts” means the respective Sub-Accounts of the Escrow Account, 

into which the monies specified in Clause 4.1 would be credited every 

month and paid out if due, and if not in a month then appropriated 

proportionately in such month and retained in the respective Sub Accounts 

and paid out there from on the Payment date(s). 

1.2 Interpretation 

1.2.1 References to Lenders’ Representative shall, unless repugnant to the context 

or meaning thereof, means references to the Lenders’ Representative, acting 

for and on behalf of Senior Lenders. 

1.2.2 The words and expressions beginning with capital letters and defined in this 

Agreement shall have the meaning ascribed thereto hereto herein, and the 

words and expressions used in this Agreement and not defined herein but 

defined in the Concession Agreement shall, unless repugnant to the context, 

have the meaning ascribed thereto in the concession Agreement. 

1.2.3 References to Clauses are, unless stated otherwise, references to Clauses of 

this Agreement. 

1.2.4 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the 

Concession Agreement shall apply, mutatis mutandis, to this Agreement. 

2 ESCROW ACCOUNT 

2.1 Escrow Bank to act as trustee 

2.1.1 The Concessionaire hereby appoints the Escrow Bank to act as trustee for 

the MPRDC, the Lenders’ Representative and the Concessionaire in 

connection herewith and authoritied the Escrow Bank to exercise such 

rights, powers, authorities and discretion as are specifically delegated to the 

Escrow Bank by the terms hereof together with all such rights, powers, 

authorities and discretion as are reasonably incidental hereto, and the Escrow 

Bank accepts such appointment pursuant to the terms hereof. 

2.1.2 The Concessionaire hereby declares that all rights, title and interest in and to 

the Escrow Account shall be vested in the Escrow Bank and held in trust for 

the MPRDC, the Lenders’ Representative and the concessionaire, and 

applied in accordance with the terms of this Agreement. No person other 

than the MPRDC, the Lenders’ Representative and the Concessionaire shall 

have any rights hereunder as the beneficiaries of, or as third party 

beneficiaries under this Agreement. 

2.2 Acceptance of Escrow Bank 

______________________________________________________________________ 



The Escrow Bank hereby agrees to act as such and to accept all payments and 

other amount to be delivered to and held by the Escrow Bank pursuant to the 

provisions of this Agreement. The Escrow Bank shall hold and safeguard the 

Escrow Account during the term of this Agreement and shall treat the amount in 

the Escrow Account as monies deposited by the Concessionaire, Senior Lenders 

or the MPRDC, with the Escrow Bank. In performing its functions and duties 

under this Agreement, the Escrow Bank shall act in trust for the benefit of, and 

as agent for, the MPRDC, the Lenders’ Representative and the Concessionaire 

or their nominees, successors or assigns, in accordance with the provisions of 

this Agreement. 

2.3 Establishment and operation of Escrow Account 

2.3.1 Within 30(thirty) days from the date of this Agreement, and in any case prior 

to the Appointed Date, the Concessionaire shall open and establish the 

Escrow Account with the ****(name of Branch) Branch of the Escrow 

Bank. The Escrow Account shall be denominated in Rupees. 

2.3.2 The Escrow Bank shall maintain the Escrow Account in accordance with the 

terms of this Agreement and its usual practices and applicable regulations, 

and pay the maximum rate of interest payable to similar customers on the 

balance in the said account from time to time. 

2.3.3 The Escrow Bank and the Concessionaire shall, after consultation with the 

Lenders’ Representative, agree on the detailed mandates, terms and 

conditions, and operating procedures for the Escrow Account, but in the 

event of any conflict or inconsistency between this Agreement and such 

mandates, terms and conditions or procedures, this Agreement shall prevail. 

2.4 Escrow Bank’s fee 

The Escrow Bank shall be entitled to receive it s fee and expenses an amount, 

and at such times, as may be agreed between the Escrow Bank and the 

Concessionaire. For the avoidance of doubt, such fee and expenses shall form 

part of the O&M Expenses and shall be appropriated from the Escrow Account 

in accordance with Clause 4.1. 

2.5 Rights of the parties 

The rights of the MPRDC, the Lenders’ Representative and the Concessionaire 

in the monies held in the Escrow Account are set forth in their entirety in this 

Agreement and the MPRDC, the Lenders’ Representative and the 

Concessionaire shall have no other rights against or to the monies in the 

Escrow Account. 

______________________________________________________________________ 



2.5 Substitution of the Concessionaire 

The Parties hereto acknowledge and agree that upon substitution of the 

Concessionaire with the Nominated Company pursuant to the Substitution 

Agreement, it shall be deemed for the purposes of this Agreement that the 

Nominated Company is a Party hereto and the Nominated company shall 

accordingly be deemed to have succeeded to the rights and obligations of the 

Concessionaire under this Agreement on and with effect from the date of 

substitution of the Concessionaire with the Nominated Company. 

3 DEPOSITS INTO ESCROW ACCOUNT 

3.1 Deposits by the Concessionaire 

3.1.1 The Concessionaire agrees and undertakes that it shall deposit into and/or 

credit the Escrow Account with: 

(a) 

(b) 

(c) 

(d) 

(e) 

all monies received in relation to the Project from any source, 

including the Senior Lenders, lenders of Subordinated Debt and the 

MPRDC; 

all funds receive by the Concessionaire from its share-holders, in any 

manner or form; 

all Fee Levied and collected by the Concessionaire; 

any other revenues, rentals, deposits or capital receipts, as the case 

may be, from or in respect of the Project Highway; and 

all proceeds received pursuant to any insurance claims. 

3.1.2 The Concessionaire may at any time make deposits of its other funds 

in to the Escrow Account, provided that the provisions of this 

Agreement shall apply to such deposits. 

3.2 Deposits by the MPRDC 

The MPRDC agrees and undertakes that, as and when due and payable, it shall 

deposit into and/or credit the Escrow Account with; 

(a) 

Grant and any other monies disbursed by the MPRDC to the 

Concessionaire; 

______________________________________________________________________ 



(b) 

(c) 

All Fee collected by the MPRDC in exercise of its rights under the 

Concession Agreement; and 

Termination Payment 

Provided that notwithstanding the provisions of clause 4.1.1 MPRDC 

shall be entitled to appropriate from the aforesaid amounts, any 

Concession Fee due and payable to it by the Concessionaire and the 

balance remaining shall be deposited into the Escrow Account. 

3.3 Deposits by Senior Lenders 

The Lenders Representative agrees, confirms and undertakes that the Senior 

Lenders shall deposit into and/or credit the Escrow Account with all 

disbursements made by them in relation to or in respect of the Project; provided 

that not with standing anything to the contrary contained in this Agreement, the 

Senior Lenders shall be entitled to make direct payment to the EPC Contractor 

under and in accordance with the express provisions contained in this behalf in 

the Financial agreements. 

3.4 Interest on Deposits 

The escrow Bank agrees and undertakes that all interest accruing on the 

balances if the Escrow Account shall be credited to the Escrow Account; 

provided that the Escrow Bank shall be entitled to appropriate therefrom the fee 

and expenses due to it from the Concessionaire in relation to the Escrow 

Account and credit the balance remaining to the Escrow Account. 

4. WITHDRAWALS FROM ESCROW ACCOUNT 

4.1 Withdrawals during Concession Period 

4.1.1 At the beginning of every month or at such shorter intervals as the 

Lenders Representative and the Concessionaire may by written 

instructions determine, the Escrow Bank shall withdraw amounts 

from the Escrow Account and appropriate them in the following order 

by depositing such amounts in the relevant Sub-Accounts for making 

due payments, and if such payments are not due in any month, then 

retain such monies in such Sub-Accountants and pay out therefrom 

on the Payment Date(s): 

(a) 

all taxes due and payable by the Concessionaire; 

______________________________________________________________________ 



(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

all payments relating to construction of the Project Highway, subject 

to and in accordance with the conditions, if any, set forth in the 

Financing Agreements; 

O&M Expenses, subject to the ceiling, if any, set forth in the 

Financing Agreements; 

O&M Expenses incurred by the MPRDC, provided It certifies to the 

Escrow Bank that it had incurred such expenses in accordance with 

the provisions of the Concession Agreement and that the amounts 

claimed are due to it from the Concessionaire; 

Concession Fee due and Payable to the MPRDC; 

Monthly proportionate provision of Debt Service due in an 

Accounting year 

Premium due and payable to the MPRDC; 

All payment and Damages certified by the MPRDC as due and 

payable to it by the Concessionaire pursuant to the Concession 

Agreement; 

Debt service payment in respect of Subordinated Debt; 

Any reserve requirements set forth in the Financing Agreements; and 

Balance, if any, in accordance with the instructions of the 


4.1.2 Not later than 60 (sixty) days prior to the commencement of each 

Accounting Year, the Concessionaire shall provide to the Escrow 

Bank, with prior written approval of the Lenders’ Representative, 

details of the Amounts likely to be required for each of the payment 

obligations set forth in this Clause 4.1; provided that such amounts 

may be subsequently modified, with prior written approval of the 

Lenders’ Representative, if fresh information received during the 

course of the year makes such modification necessary. 

4.2 Withdrawals upon Termination 

Upon Termination of the Concession Agreement, all amounts standing to the 

credit of the Escrow Account shall, notwithstanding anything in this Agreement, 

be appropriated and dealt with in the following order: 

(a) 

all taxes due and payable by the Concessionaire for and in respect of 

the Project Highway; 

______________________________________________________________________ 



(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

90% (ninety per cent) of Debt Due excluding Subordinated Debt; 

outstanding Concession Fee; 

All payment and Damages certified by the MPRDC as due and 

payable to it by the Concessionaire pursuant to the Concession 

Agreement, including Premium and any claims in connection with or 

arising out of Termination; 

retention and Payment arising out of, or in relation to, liability for 

defects and deficiencies set forth in Article 39 of the Concession 

Agreement; 

outstanding Debt Service including the balance of Debt Due; 

Outstanding Subordinated Debt; 

Incurred or accrued O&M Expenses; 

Any other payments required to be made under the Concession 

Agreement; and 

Balance, if any, in accordance with the instructions of the 

Concessionaire; 

Provided that the disbursements specified in Sub-clause (j) of this 

Clause 4.2 shall be undertaken only after the Vesting Certificate has 

been issued by the MPRDC. 

4.3 Application of insufficient funds 

Funds in the Escrow Account shall be applied in the serial order of priority set 

forth in Clauses 4.1 and 4.2, as the case may be. If the funds available are not 

sufficient to meet all the requirements, the Escrow Bank shall apply such funds 

in the serial order of priority until exhaustion thereof. 

4.4 Application of insurance proceeds 

Notwithstanding anything in this Agreement, the proceeds from all insurance 

claims, except life and injury, shall be deposited into and/or credited to the 

Escrow Account and utilized for any necessary repair, reconstruction, 

reinstatement, replacement, improvement, delivery or installation of the Project 

Highway, and the balance remaining, if any, shall be applied in accordance with 

the provisions contained in this behalf in the Financing Agreements. 

______________________________________________________________________ 



4.5 withdrawals during Suspension 

Notwithstanding anything to the contrary contained in this Agreement, the 

MPRDC may exercise all or any of the rights of the Concessionaire during 

the period of Suspension under article 36 of the Concession Agreement. Any 

instructions given by the MPRDC to the Escrow Bank during such period 

shall be complied with as if such instructions were given by the 

Concessionaire under this Agreement and all actions of the MPRDC 

hereunder shall be deemed to have been taken for and on behalf of the 


5. OBLIGATIONS OF THE ESCROW BANK 

5.1 Segregation of funds 

Monies and other property received by the contrary contained in this 

Agreement shall, until used or applied in accordance with this Agreement, 

be held by the Escrow Bank in trust for the purposes for which they were 

received, and shall be segregated from other funds and property of the 

Escrow Bank. 

5.2 Notification of balance 

7 (seven) business days prior to each Payment Date (and for this purpose the 

Escrow Bank shall be entitled to rely on an affirmation by the 

Concessionaire and/or the Lenders’ Representative as to the relevant 

Payment Dates) , the Escrow Bank shall notify the Lenders’ Representative 

of the balances in the Escrow Account and Sub-Accounts as at the close of 

business on the immediately preceding business day. 

5.3 Communication and Notices 

In discharge of its duties and obligations hereunder, the Escrow Bank: 

(a) 

(b) 

(c) 

may, in the absence of bad faith or gross negligence on its part, rely as to 

any matters of fact which might reasonably be expected to be within the 

knowledge of the Concessionaire upon a certificate signed by or on behalf of 

the Concessionaire; 

may, in the absence of bad faith or gross negligence on its part, rely upon the 

authenticity of any communication or document believed by it to be 

authentic; 

shall, within 5(five) business days after receipt, deliver a copy to the 

Lenders’ Representative of any notice or document received by the Escrow 

______________________________________________________________________ 



Bank in its capacity as the Escrow Bank from the Concessionaire or any 

other person hereunder or in connection herewith; and 

(d) 

shall, within 5(five) business days after receipt, deliver a copy to the 

Concessionaire of any notice or document received by the Escrow Bank 

from the Lenders’ Representative in connection herewith. 

5.4 No set off 

The Escrow Bank agrees not to claim or exercise any right of set off, banker’s 

lien or other right or remedy with respect to amounts standing to the credit of 

the Escrow Account. For the avoidance of doubt, it is hereby acknowledged and 

agreed by the Escrow Bank that the monies and properties held by the Escrow 

Bank in the Escrow Account shall not be considered as part of the assets of the 

Escrow Bank and being trust property, shall in the case of bankruptcy or 

liquidation of the Escrow Bank be wholly excluded from the assets of the 

Escrow Bank in such bankruptcy or liquidation. 

5.5 Regulatory Approvals 

The Escrow Bank shall use its best effort to procure, and thereafter maintain and 

comply with, all regulatory approvals required for it to establish and operate the 

Escrow Account. The Escrow Bank represents and warrants that it is not aware 

of any reason why such regulatory approvals will not ordinarily be granted to 

the Escrow Bank. 

6 ESCROW DEFAULT 

6.1 ESCROW DEFAULT 

Following events shall constitute an event of default by the Concessionaire 

(an “Escrow Default”) unless such event of default has occurred as a result 

of Force Majeure or any act or omission of the MPRDC or the Lenders’ 

Representative: 

(a) 

the concessionaire commits breach of this Agreement by failing to deposit 

any receipts into the Escrow Account as provided herein and fails to cure 

such breach by depositing the same into the Escrow Account within a Cure 

Period of 5(five) business days; 

______________________________________________________________________ 



(b) 

(c) 

the Concessionaire causes the Escrow Bank to transfer funds to any account 

of the Concessionaire in breach of the terms of this Agreement and fails to 

cure such breach by depositing the relevant funds into the Escrow Account 

or any Sub-Account in which such transfer should have been made, within a 

Cure Period of 5(five) business days; or 

the Concessionaire commits or causes any other breach of the provisions of 

this Agreement and fails to cure the same within a Cure Period of 5(five) 

business day. 

Upon occurrence of an Escrow Default, the consequences thereof shall be 

dealt with under and in accordance with the provisions of the Concession 

Agreement. 

7. TERMINATION OF ESCROW AGREEMENT 

7.1 Duration of the Escrow Agreement 

This Agreement shall remain in full force and effect so long as any sum remains 

to be advanced or is outstanding from the Concessionaire in respect of the debt, 

guarantee or financial assistance received by it from the Senior Lenders, or any 

of its obligations to the MPRDC remain to be discharged, unless terminated 

earlier by consent of all the Parties or otherwise in accordance with the 

provisions of this Agreement. 

7.2 Substitution of Escrow Bank 

The Concessionaire may, by not less than 45(forty five) days prior notice to the 

Escrow Bank, the MPRDC and the Lenders’ Representative, terminate this 

Agreement and appoint a new Escrow Bank, provided that the new Escrow 

Bank is acceptable to the Lenders’ Representative for transfer of amounts 

deposited in the Escrow Account to a new Escrow Account established with the 

successor Escrow Bank. The termination of this Agreement shall take effect 

only upon coming into force of an Escrow Agreement with the substitute 

Escrow Bank. 

7.3 Closure of Escrow Account 

The Escrow Bank shall, at the request of the Concessionaire and the Lenders’ 

Representative made on or after the payment by the Concessionaire of all 

______________________________________________________________________ 



outstanding amounts under the Concession Agreement and the Financing 

Agreements including the payments specified in Clause 4.2, and upon 

confirmation of receipt of such payments, close the Escrow Account and Sub- 

Accounts and pay any amount standing to the credit thereof to the 

Concessionaire. Upon closure of the Escrow Account hereunder, the Escrow 

Agreement shall be deemed to be terminated. 

8. SUPPLEMENTARY ESCROW AGREEMENT 

8.1 Supplementary escrow agreement 

The Lenders’ Representative and the Concessionaire shall be entitled to enter 

into a supplementary escrow agreement with the Escrow Bank providing, inter 

alia, for detailed procedures and documentation for withdrawals from Sub- 

Accounts pursuant to Clause 4.1.1 and for matters not covered under this 

Agreement such as the rights and obligations of Senior Lenders and lenders of 

Subordinated Debt, investment of surplus funds, restrictions on withdrawals by 

the Concessionaire in the event of breach of this Agreement or upon occurrence 

of an Escrow Default, procedures relating to operation of the Escrow Account 

and withdrawal therefrom, reporting requirements and any matters incidental 

thereto; provided that such supplementary escrow agreement shall not contain 

any provision which is inconsistent with the Agreement and in the event of any 

conflict or inconsistency between provisions of this Agreement and such 

supplementary escrow agreement, the provisions of this Agreement shall 

prevail. 

9. IDEMNITY 

9.1 General indemnity 

9.1.1. The Concessionaire will indemnify, defend and hold the MPRDC, Escrow 

Bank and the Senior Lenders, acting through the Lenders’ Representative, 

harmless against any and all proceedings, actions and third party claims for 

any loss, damage, cost and expense arising out of any breach by the 

Concessionaire of any of its obligations under this Agreement or on account 

of failure of the Concessionaire to comply with Applicable Laws and 

Applicable Permits. 

9.1.2 The MPRDC will indemnify, defend and hold the Concessionaire harmless 

against any and all proceedings, actions and third party claims for any loss, 

damage, cost and expense arising out of failure of the MPRDC to fulfill any 

of its obligations under this Agreement materially and adversely affecting 

______________________________________________________________________ 



the performance of the Concessionaire’s obligations under the Concession 

Agreement or this Agreement other than any loss, damage, cost and expense 

arising out of acts done in discharge of their lawful functions by the 

MPRDC, its officers, servants and agents. 

9.1.3 The Escrow Bank will indemnify, defend and hold Concessionaire harmless 

against any and all proceedings, actions and third Party claims for any loss, 

damage, cost and expense arising out of the Failure of the Escrow Bank to 

fulfill its obligations under this Agreement materially and adversely 

affecting the performance of the Concessionaire’s obligations under the 

Concession Agreement other than any loss, damage, cost and expense, 

arising out of acts done in discharge of their lawful functions by the Escrow 

Bank, its officers, servants and agents. 

9.2 Notice and Contest of claims. 

In the event that any Party thereto receives a claim from a third Party in respect 

of which it is entitled to the benefit of an indemnity under Clause 9.1 or in 

respect of which it is entitled to reimbursement (the “Indemnified Party”) it 

shall notify the other Party responsible for indemnifying such claim hereunder 

(the “Indemnifying Party”) within 15 (fifteen) days of receipt of the claim and 

shall not settle or pay the claim without the prior approval of the indemnifying 

Party, such approval not to be unreasonably withheld or delayed. In the event 

that the Indemnifying Party wishes to contest or dispute the claim, it may 

conduct the proceedings in the name of the Indemnified Party and shall bear all 

costs involved in contesting the same. The indemnified Party shall provide all 

cooperation and assistance in contesting any claim and shall sign all such 

writings and documents as the Indemnifying Party may reasonably require. 

10. DISPUTE RESOLUTION. 

10.1 Dispute resolution 

10.1.1 Any dispute, difference or claim arising out of or in connection with this 

Agreement which is not resolved amicably shall be decided by reference to 

arbitration to Board of Arbitrators comprising one nominee each of the Party 

to the dispute and where the number of such nominees is an even number, 

the nominees shall elect another person to such Board. Such arbitration shall 

be held in accordance with the Rules of Arbitration of the International 

Centre for Alternative Dispute Resolution , New Delhi (The Rules) of such 

other rules as may be mutually agreed by the Parties and shall be subject to 

provisions of the Arbitration and Conciliation Act, 1996. 

101.2.1 The Arbitrators shall issue a reasoned award and such award shall 

be final and binding on the Parties. The venue of arbitration shall be Bhopal 

and the language of arbitration shall be English. 

______________________________________________________________________ 



11. MISCELLANEOUS PROVISIONS 

11.1. Governing law and jurisdiction 

This Agreement shall be constructed and interpreted in accordance with and 

governed by the laws of India, and the Courts at Bhopal and High Court at 

Madhya Pradesh shall have jurisdiction over all matters arising out of or relating 

to this Agreement. 

11.2. Waiver of sovereign immunity 

The MPRDC unconditionally and irrevocably; 

(a) 

(b) 

agrees that the execution, delivery and performance by it of this Agreement 

constitute commercial acts done and performed for commercial purpose. 

agrees that, should any proceedings be brought against it or its assets, 

property or revenues in any jurisdiction in relation to this Agreement or any 

transaction contemplated by this Agreement, no immunity (whether by 

reason of sovereignty or otherwise) from such proceedings shall be claimed 

by or on the behalf of the MPRDC with respect to its assets; 

(c) 

waives any right of immunity which it or its assets, property or revenues now 

has may acquire in the future or which may be attributed to it in any 

jurisdiction; and 

(d) 

consents generally in respect of the enforcement of any judgement or award 

against it in any such proceeding to the giving of any relief or the issue of 

any process in any jurisdiction in connection with such proceedings 

(including the making, enforcement or execution against it or in respect of 

any assets, property or revenues whatsoever irrespective of their use or 

intended use of any order or judgement that may be made or given in 

connection therewith). 

11.3 Priority of agreements 

In the event of any conflict between the Concession Agreement and this 

Agreement, the provisions contained in the Concessions Agreement shall 

prevail over this Agreement. 

______________________________________________________________________ 



11.4 Alteration of terms 

All additions, amendments, modifications and variations to this Agreement shall 

be effectual and binding only if in writing and signed by the duly authorized 

representatives of the Parties. 

11.5 Waiver 

11.5.1 Waiver by any Party of a default by another Party in the observance and 

performance of any provision of or obligations under this Agreement; 

(a) 

(b) 

(c) 

shall not operate or be construed as a waiver of any other or subsequent 

default hereof or of otherwise provisions of or obligations under this 

Agreement; 

shall not be effective unless it is in writing and executed by a duly 

authorized representative of the Party: and 

shall not affect the validity or enforceability of this Agreement in any 

manner. 

11.5.2 Neither the failure by either Party or insist on any occasion upon the 

performance of the terms, conditions and provisions of this Agreement or 

any obligation there under not time or other indulgence granted by a Party to 

another Party shall be treated or deemed as waiver of such breach or 

acceptance of any variation or the relinquishment of any such right 

hereunder. 

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SCHEDULE-T 


PANNEL OF CHARTERED ACCOUNTANTS 

1. Panel of Chartered Accountants 

Pursuant to the provisions of Clause 33.2.1 of the Agreement, MPRDC and the 

Concessionaire shall prepare a mutually agreed panel of 10 (ten) reputable firm of 

Chartered Accountants having their registered offices in India (the “Panel of 

Chartered Accountant’). The criteria for preparing such panel and the procedure to 

be adopted in this behalf shall be as set forth in this Schedule-T. 

2. Invitation for empanelment 

2.1 MPRDC shall invite offers from all reputable firms of Chartered Accountants who 

fulfill the following eligibility criteria, namely; 

a) the firm should have conducted statutory audit of the annual accounts of at 

least 100 (one hundred) companies registered under the Companies Act, 

1956, of which at least 10 (ten) should have been public sector 

undertakings; 

b) the firm should have at least 5 (five) practicing Chartered Accountants on 

its rolls, each with a minimum experience of ten years in the profession; 

c) the firm or any of its partners should not have been disqualified or blacklisted 

by the Comptroller and Auditor General of India or the MPRDC; and 

d) the firm should have an office in Madhya Pradesh or in an adjacent State 

with at least 2 (two) practicing Chartered Accountants on its rolls in such 

State. 

2.2 Interested firms meeting the eligibility criteria shall be required to submit a 

statement of their capability including the bio-data of all the practicing Chartered 

Accountants on its rolls. In particular, each firm shall be required to furnish yearwise 

information relating to the names of all the companies with an annual 

turnover exceeding Rs. 25.00 crores (Twenty five crores) whose annual accounts 

were audited by such firm in any of the preceding 5 (five) Accounting Years. 

3. Evaluation and selection 

3.1 The information furnished by each firm shall be scrutinized and evaluated by 

MPRDC and 1 (one) point shall be awarded for each annual audit of the 

companies specified in Paragraph 2.2 above.(For the avoidance of doubt, firm 

which has conducted audit of the Annual Accounts of any such company for 

five years shall be awarded five points). 

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3.2 MPRDC shall prepare a list of all the eligible firms along with the points scored by 

each such firm and 10 (Ten) firms scoring the highest points shall be identified and 

included in the draft Panel of Chartered Accountants. 

4 Consultation with the Concessionaire 

MPRDC shall convey the aforesaid panel of firms to the Concessionaire for scrutiny 

and comments, if any. The Concessionaire shall be entitled to scrutinize the relevant 

records of the Government to ascertain whether the selection of firms has been 

undertaken in accordance with the prescribed procedure and it shall send its 

comments, if any, to MPRDC within 15 (fifteen) days of receiving the aforesaid 

panel. 

5. Mutually agreed panel 

5.1 MPRDC shall, after considering all relevant factors including the comments, if any, 

of the Concessionaire, finalize and constitute a panel of 10 (ten) firms which shall 

be deemed to be the mutually agreed Panel of Chartered Accountants. 

5.2 After completion of every five years from the date of preparing the mutually agreed 

Panel of Chartered Accountant, or such earlier period as may be agreed between 

MPRDC and the Concessionaire, a new panel shall be prepared in accordance with 

the provisions of this Schedule-T. 

11.5.3 

11.6 No third Party beneficiaries 

This Agreement is solely for the benefit of the Parties and no other person or 

entity shall have any rights hereunder. 

11.7 Survival 

11.7.1 Termination of this Agreement: 

(a) 

(b) 

shall not relieve the Parties of any obligation hereunder which expressly or 

by implication survive termination hereof; and 

except as otherwise provided in any provision of this Agreement expressly 

limiting the liability of either Party, shall not relieve either Party of any 

obligations or liabilities for loss or damage to the other Party arising out of 

or caused by acts or omissions of such Party prior to the effectiveness of 

such termination or arising out of such termination. 

11.7.2 All obligations surviving the cancellation, expiration or termination of this 

Agreement shall only survive for a period of 3 (three) years following the date 

of such termination or expiry of this Agreement. 

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11.8 Severability 

If for any reason whatever any provision of this Agreement is or becomes 

invalid, illegal or unenforceable or is declared by any court of competent 

jurisdiction or any other instrumentally to be invalid, illegal or unenforceable, 

the validity, legally or enforceability of the remaining provisions shall not be 

affected in any manner, and the Parties will negotiate in good faith with a view 

to agreeing to one or more provisions which may be substituted for such invalid, 

unenforceable or illegal provisions, as nearly as is practicable to such invalid, 

illegal or unenforceable provision. Failure to agree upon any such provision 

shall not be subject to dispute resolution under Clause 10.1 of this Agreement or 

otherwise. 

11.9 Successors and assigns 

This Agreement shall be binding on and shall inure to the benefit of the Parties 

and their respective successors and permitted assigns. 

11.10 Notices 

All notices or other communications to be given or made under this Agreement 

shall be in writing, shall either be delivered personally or sent by the courier or 

registered post with an additional copy to be sent by facsimile. The address for 

service of each Party and its facsimile number are set out under its name on the 

signing pages hereto. A notice shall be effective upon actual receipt thereof save 

that where it is receive after 5.30 (five thirty) p.m. on a business day or on a day 

that is not a business day, the notice shall be deemed to be received on the first 

business day following the date of actual receipt. Without prejudice to the 

foregoing, a Party giving or making a notice or communication by facsimile 

shall promptly deliver a copy thereof personally, or send it by the courier or 

registered post to the addressee of such notice or communication.. It is hereby 

agreed and acknowledged that any Party may by notice change the address to 

which such notices and communication to it are to be delivered or mailed. Such 

change shall be effective when all the Parties have notice of it. 

11.11 Language 

All notices, certificates, correspondence and proceedings under or in connection 

with this Agreement shall be in English. 

11.12 Authorized representatives 

Each of the Parties shall by notice in writing designate their respective 

authorized representative through whom only all communications shall be 

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made. A party hereto shall be entitled to remove and/or substitute or make fresh 

appointment of such authorized representative by similar notice. 

11.13 Original Document 

This Agreement may be executed in three counterparts, each of which when 

executed and delivered shall constitute an original of this Agreement. 

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND 

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE 

WRITTEN. 

SIGNED, SEALED AND 

DELIVERED 

For and on behalf of 

CONCESSIONAIRE by: 

(Signature) 

(Name) 

(Designation) 

(Address) 

(Fax) 


DELIVERED 


SENIOR LENDERS by the 

Lenders’ Representative: 

(Signature) 

(Name) 

(Designation) 

(Address) 

(Fax) 


DELIVERED 


Escrow Bank by : 


DELIVERED 


MPRDC by: 

(Signature) 

(Name) 

(Designation) 

(Address) 

(Fax) 

(Signature) 

(Name) 

(Designation) 

(Address) 

(Fax) 

In the presence of : 

1. 2. 

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