The road transport and highways ministry on Monday clarified that any national highway contractors or subcontractors hiring foreign workers must first get the required government permits and approvals.

Any change in ownership at the level of the concessionaire will require prior approval of the designated authority from the national security and public interest perspective and the decision of the authority will be final, conclusive and binding on the concessionaire, it said.

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In a revised model concession agreement for public-private-partnership for development of national highways under the hybrid annuity model (HAM), issued on Monday, the ministry said such employment will be subject to regulatory approvals including employment and residential visas and work permits, if required, and the obligation to apply for and obtain the visa will always be of the concessionaire.

“Further, refusal of or inability to obtain any such permits and approvals by the concessionaire or any of its contractors or subcontractors shall not constitute Force Majeure Event, and shall not in any manner excuse the concessionaire from the performance and discharge of its obligations and liabilities under this Agreement,” the ministry said.

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