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ACHIEVEMENTS

Our Association has been instrumental in pursuing the matters concerning the general welfare of Architect & Engineering Consultants & Consultancy firms. Till date we have successfully persuaded the Government authorities to bring changes in the reform and has been successful in implementation of the following important circulars / guidelines for the benefit of consultants:

In the Year 2011 Group of Architect & Engineering sub Consultant was confused whether Service Tax shall be applicable on Sub Consultant or not. Considering this issue of Architect & engineering consultant a thought came into the mind of Shri L.N. Malviya, Chairman, that the confusion of sub-consultant should be solved.

Thereafter Dr. L.N. Malviya has decided to take up the matter & approached the Service Tax Department in order to get relief from the Service Tax to Sub Consultants.

The Association has approached the Union Finance Minister, The Chairman Central Board of Excise and Customs and Service Tax, Revenue Secretary Union of India through letter dated 08.08.2011. Subsequent to issue of letters, numerous meetings have been conducted at New Delhi with Senior Government Officials.

After lot of pursuance on behalf of the Association, the authorities agreed to exempt the levy of Service Tax on Sub Consultants engaged/associated with construction activities and issued Circular No. 137/57/2011 on dated 21/10/2011. After the issuance of this circular number 137, the Sub Consultants have got big relief from the shackle of one additional statutory requirement imposed by the Government of India. (Documents uploaded on website)

National Highways Authority of India prior to implementation of Uniform Policy to decide the deterrent action against the consulting firms / key personnel was taking arbitrary action against the firms / key personnel found guilty of submitting false or twisted experience /educational qualification details. We have studied and observed that different action have been taken against the firms / key personnel for the same type of default. We have vigorously followed up the matter for implementation of an uniform policy to tackle such misconduct of key personnel / consulting firms. After making fervent appeal through Infrastructure Consultant Association of India to various Authorities including the Minister for Road Transport & highways,Secratory the Director General (MoRTH),The Secretary(MoRTH) & the Chairman (NHAI) vide letters no.

The Association has been trying to implement a Uniform Policy by MoRT&H for initiating action against the consulting firms & key personnel for misrepresentation of facts and fraudulent practices in line with NHAI Uniform Policy dated 20th July 2020. The Association has also been apprised by several of its members that in ordinate delays are taking place in getting approval for replacements of Team Leaders. The Association has taken up the matters with the authorities in the Ministry of Road Transport & Highways through meetings and also submitted letters as detailed below:

National Highways Authority of India has implemented Policy Guidelines no. 18.51 dated 28.08.2020 and no. 18.54 dated 29.09.2020 holding key personnel and the consulting firms responsible in case of pre mature failure of bridges/structures/approaches to structures etc. Under the provisions of the policies, the Consultant and key personnel both were liable for debarment action irrespective of the reasons of failure of the structures. Infrastructure Consultants Association of India has approached the authorities of NHAI and Ministry for making necessary amendment so that the consulting firm is not held guilty of misconduct in case of failure of structures since the consultants are not directly involved with the routine site activities.

The Infrastructure Consultants Association of India has impressed upon the authorities through the following letters:

It has been noticed that approval of CVs are generally not accorded within a fixed time. In the case of NHAI the CVs are often kept pending for 5 to 6 months without any valid reason. There should be some reasonable time within which the CVs submitted as replacements may deemed to be approved after lapsed of certain period. The Association has also been apprised by various consultants that powers to approve the CVs for replacement of Team Leaders should be delegated to ROs also as they are competent to approve CVs of other Key Person. If the powers to approve CVs of Team Leaders are delegated to ROs, it is likely that the process will get expedited automatically. Nevertheless the time period for accord of approval to submitted CVs should be made essence so that finality is achieved within a fixed time period.

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji,The Chairman of NHAI,The Secretary MoRTH,The Director General (RD) MoRTH. The copy of letters is enclosed herewith.

We are pleased to inform to all DPR Consultants that the Association has got success in getting the modification in the existing system of making changes in Part I and Part II before Stage-1 of Forest Clearance. The following five changes can now be updated through State Nodal Officers instead of NIC (MoEFCC). This will save considerable time in processing the Forest Clearance cases:

1. Change Signed Acknowledgement Letter

2. Change Project Area (Non-Editable Area)

3. Change Project Division

4. Change Project District

5. Change Recommendation Letter (Forest Area Calculation)

The matter was first taken up with the authorities of Border Road Organization for simplification of existing process of change in Part I and Part II before Stage-I clearance for FCA Proposal on 16.02.2021 by Dr. Ankit Kumar our Associate Consultant for Forest and Environment. Thereafter he has raised the issue on 13.08.2021 in a meeting with Maharashtra State Road Development Corporation Limited. Finally the concerted efforts of Association and Our Associate Consultant Dr. Ankit Kumar, the new FC Module for State Nodal Officer with additional features added on PARIVESH Portal has been introduced with effect from 06th December 2021.

The Association congratulates all the members for this achievement and hopeful to achieve many more milestones in the coming days with the cooperation of each and every one.

For New Achievement for Forest Clearance Documents in Jammu & Kashmir There were no documented procedure for Forest Clearance in Jammu & Kashmir when Article 370 was withdrawn on 05th August 2019. The association was apprised about this lacunae in the system. The association has then requested Forest and Environment Specialist Dr. Ankit Kumar, Associate Member for guiding and providing documented assistance to the officers of Jammu & Kashmir Forest Department. After vigorous follow ups and continuous liaisoning with authorities, formats for submission of Online Proposal were submitted on 27.12.2019. The proposal made by Dr. Ankit Kumar Associate Member of the Association has been accepted and implemented. The checklist for submission of Online Proposal on PARIVESH Portal has been issued vide Jammu & Kashmir Forest Department letter no. PCCF/FCA/3124/3963-4020 dated 08.01.2021.

~|***|~ New Policy Guidelines Issued by NHAI on 25th April 2022 ~|***|~

As all our esteemed members are aware that the association has been arduously working for withdrawal of NHAI Policy Guidelines No. 10.1.28 dated 30.03.2021 which has put limitation on number of works to be allotted to one consultant. The association has persistently requested NHAI authorities through letters and meetings to increase number of works to be awarded to one consultant. But our request has not been heeded by the NHAI authorities. Finally, the association in consultations with esteemed members have decided to take legal course to get relief in the matter and filed a writ petition no. W.P.(C) 11848/2021 before the Hon'ble High Court of Delhi at New Delhi on 20.10.2021. The said writ petition was later withdrawn on 30.03.2022 after the counsel for the respondent NHAI indicated conciliatory approach in the matter. The Association then requested the Chairperson NHAI for a meeting on the review of existing policy guidelines. Finally the hard work of the association paid off and a New Policy Guidelines vide Policy Circular No. 10.1.33/2022 dated 25/04/2022 has been released with provision of allotment of increased number of works from 8 to 40 to one consultant. We are extremely thankful and obliged to NHAI Chairperson for considering our request. This is one of biggest achievement of our association which could be possible through united efforts of all the esteemed members.

All members deserve to be congratulated for this distinguished achievement.

The association proudly announces its significant achievement in getting the provision of NHAI/Policy no. 10.1.30/2021 dated: 15.11.2021 diluted by issuance of Policy Circular no. 10.1.35/2022 dated 11.10.2022 wherein the debarment period of 1 year after being found not suitable in the interview has been withdrawn and modified to disqualification for 3 months only.

This Could be Possible after Great effort of the Association with support from few active members.

Clarification regarding deductions from the monthly invoices for the consultancy agreement of AE/IE/SC in case of non-availability for 90% of stipulated time during the month.