NEW DELHI: To ensure smooth implementation of the Centre’s ambitious ‘Vivad Se Vishwas’ (one-time settlement scheme) aimed at effective resolution of contractual disputes, the National Highways Authority of India (NHAI) has prepared a 15-point Standard Operating Procedure (SOP), under which the agency will make a settlement within 15 days after receiving a claim.
The nodal officer appointed by the NHAI will forward cases pertaining to up to Rs 500 crore to the technical division, which will send the same to the finance wing for concurrence after evaluation. The finance division will examine the evaluation within three days and forward it to the member (finance) for approval.
The technical division may consult its team of advocates if required. In case the claim exceeds Rs 500 crore, the technical division will have an option to accept or reject the settlement request for the contractor, only with the approval of the executive committee.
The date of commencement of the settlement scheme is July 15 and the claims can be submitted by October 31. The scheme was announced in the Union Budget 2023-24 by Union finance minister Nirmala Sitharaman and was launched in May.
“Technical division, after having the approval of the settlement account, offers the same to the contractor for acceptance on the GeM portal through a nodal officer, that is GM (legal), normally within two weeks of receiving the claim on the portal from the contractor,” reads the NHAI procedure.
The contractor will have a 30-day window to make a decision. After the acceptance, an acknowledgement email will be generated and sent to both parties. Before the contractor’s acceptance, the NHAI will have the option to amend the offer. But once the offer is accepted, the Authority wouldn’t be able to amend or withdraw.
After the acknowledgement is generated, the technical division will write to the contractor to withdraw the ongoing case or litigation in court. If NHAI has filed the case, it will file an application for the withdrawal of the case.
“The contractor shall submit a document indicating court permission to withdraw the case within 45 days of generation of email. On the submission of the same settlements agreement shall be signed within 30 days…however if NHAI has filed an application for withdrawal, it need not for the permission of the court and sign the settlement agreement in 30 days,” the SOP says.