Failure to comply with standards for road design, construction and maintenance.

¹[(1)Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government²[under section 210C for National Highways or by the State Government under section 210D for roads other than National Highways, as the case may be] from time to time.

³[(2)Where the failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be liable to penalty which may extend to fifty lakh rupees and the same,—

(i)for national highways, shall be paid to the Fund constituted under section 164B; and

(ii)for roads other than national highways, shall be paid to the State Government in such manner as may be prescribed by such Government.]

(3)For the purposes of sub-section (2), the court shall in particular have regard to the following matters, namely:—

(a)the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road;

(b)the standard of maintenance norms applicable for a road of that character and use by such traffic;

(c)the state of repair in which road users would have expected to find the road;

(d)whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users;

(e)whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose;

(f)whether adequate warning notices through road signs, of its condition had been displayed; and

(g)such other matters as may be prescribed by the Central Government ⁴[or the State Government, as the case may be].

Explanation.—For the purposes of this section, the term “contractor” shall include sub-contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.]