Confused About Form V Issuance for Contractors? Seeking Clarity on Who Should Provide It

Dear Sir, I am writing about a concern that I have tried asking many people about, but I have not received a single answer that can give me the confidence to proceed in the same manner.

Company Overview

Firstly, we are a company working as a concessionaire for an awarded BOT Project from NHAI. The concept of a concessionaire is that they operate as custodians of the project and award various EPC contractors for the construction of highways. They (CONCESSIONAIRE) also maintain the highway and collect tolls as per the contract. We have obtained the labor license by acquiring Form V from NHAI as a principal employer.

Contractor Engagement

We have engaged a contractor for security purposes. They also require a Contract license for which they are seeking Form V from our company.

Viewpoints on Form V Issuance

There are two viewpoints here:

1. As a principal employer, NHAI should provide Form V to the security agencies.
2. Alternatively, since we have hired this security agency, we are the principal employer for them and can issue Form V.

Before providing an answer, I kindly request the concerned party to review the details I have explained and then provide us with a solution.

Regards,
Sanjay Kumar

As the principal contractor, you have received Form V. You are not permitted to issue Form V to your sub-contractor. Your license will cover all of your sub-contractors, including the security agency.

Thank you.