(1) All sections shall consult the Legal Section-
(a) The construction of Statutes Acts, Regulations, Orders and Notifications,
(b) and general legal principles arising out of any case, and
(c) The institution or withdrawal of any prosecution or any other Legal proceedings at the instance of any section.
(2) Every such reference shall be accompanied by an accurate statement of the facts of the facts of the case and the point or points on which the advice of the Legal Section is desired.
PART IV- DELEGATION OF FINANCIAL POWERS
24. The financial powers given in the Third Schedule are delegated to the Chairman, Chief Administrator and Officers of the Board to the extent indicated against each. These delegations are subject to the provisions in the relevant project or works estimates in the budget.
PART V- ACCOUNTING / WORK PROCEDURE
25. The accounts will be maintained on the Commercial pattern unless otherwise specified by the Government.
26. P.W.D. code will be applicable along with relevant financial hand books and manual of order except and to the extent modified otherwise.
27. All works upto Rs, 1,00,000 will be considered as minor works for purpose of maintaining work abstracts and submission of accounts.
28. The monthly accounts as compiled by the various Divisions will be consolidated at Head quarters by the'' Chief Accounts Officer'. However, for the first three months all the bills will be got pre-audited by the Chief Accounts Officer with the purpose of training the officials regarding accounting procedure to be adopted in the Board.
Thereafter, there will be no pre- audit system and correctness of accounts bills as well as payments thereof will be ensured at the divisional level.
29. The strength of the staff in the offices of C.E., S.E.S. and XEN’s will be as per pattern of P.W.D branches of the State Government provided that the staffing pattern can be modified by Board from time to time without exceeding the P.W.D. norms.
PART IV- SUPPLEMENTARY
30. The Secretary shall be responsible for the careful observance of these regulation and when he considers that there has been any material departure or deviation from them, shall personally, bring the matter to the notice of the Chief Administrator.
By order of the Board
1. The above regulations will take effect from 29th Jully, 1980.
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2. Housing Board Haryana (Regulations of Business) published in the Haryana Government Gazette dated 5th July, 1977 and 2nd May, 1978, Housing Board Haryana (Conduct of Meetings) Regulations 1972 published in the Haryana Government Gazette dated 7 th November 1972 and Housing Board Haryana (Chairman's Powers) Regulations 1972 published in the Haryana Government Gazette dated7th November, 1972 shall stand repealed with effect from 29 th July 1980.
Provided that the repeal shall not effect the previous operation of any thing duly done or suffered thereunder or any right, privilege obligations or liability accrued or incurred under any regulations so repealed.
R.K. Chawla, Secretary FIRST SCHEDULE The following cases shall be referred to the Board for decision:-
(1) Annual financial statement and demand for supplementary, additional and excess grants.
(2) Unbudgeted expenditure required to be expended by the Board.
(3) Consideration of the annual audit report on the accounts of the Board.
(4) Consideration of the annual audit report to be submitted to the State Government.
(5) Proposal relating to regulations and bye-laws to be made by the Board under section 74-75 of the Act including any proposals for amendment of such regulations and bye-laws.
(6) '' Recommendations to the State Government regarding any draft rules or amendment thereto required to be made by the State Government under section 73 of the Act.
(7) Any dispute arising between the Board and the State Government in respect of any direction given by the State Government.
(8) Sanction of project estimates
(9) Sanction of budget estimates.
(10) Contribution to reputed national and international associations.
(11) Delegation and modification in the financial powers of the officers of the Board.
(12) All important audit objections and inspection reports etc. involving a loss/ recovery of Rs. 1,000 and above , in which conduct of officers / officials involved and responsibility for lapses / losses is to be determined.
(13) Fixation of pay scales.
(14) Direct recruitment to all the posts other than class (iv) posts (powers of the Board shall be exercised by the selection Committee consisting of Chairman, Chief Administrator and one or more technical or Administrative Officers to be nominated by the Chairman ).
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(15) Appointment of consulting Engineers.
(16) Cases of pay fixation and advance increments in relaxation of rules.
(17) Grant of advance from CPF in relaxation of rules.
(18) Reimbursement of medical claims in relaxation of rules .
(19) Donation & contribution to any Relief Fund approved by the Central / State Government .
1. Appeals in establishment matters in respect of Class-I and Class-II employees, if impugned orders have been passed by the Chief Administrator.
2. Grant of special / additional or personal pay/ allowances for staff with a minimum of scales of above Rs. 300 per mensem.
SECOND SCHEDULE 'A ' The following cases shall be referred to the Chairman for decision.
(i) Recruitment in respect of Class IV employees.
(ii) Appeals in establishment matter in respect of class -II I & Class IV employees if the impugned order has been passed by the Chief Administrator.
SECOND SCHEDULE 'B' The following cases shall be referred to the Chief Administrator for decision :-
(1) Appointment on deputation and promotions.
(2) Posting and transfer of the officers and staff.
(3) Grant of honorarium for holding dual charge.
(4) Except as other wise provided, all other allied establishment matters in respect of officers/ staff of the Board.
(5) Grant of leave where a substitute is to be appointed
(6) All cases regarding disciplinary action against the employees of the Board.
MISCELLANEOUS CASES
(1) Banking arrangement.
(2) Grant of permission to perform journeys beyond sphere of duties by the officers and ,
(3) To permit employees to travel on duty by air.
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(a) To declare that the possession of the conveyance by an employee of the Board is in interest of the Board as per policy of the Board.
(b) To sanction any other advance in accordance with the policy of Board.
(c ) To sanction conveyance allowance.
(d ) Granting or permitting an employee to receive honorarium.
(e ) Sanctioning the taking of work by an employee for which a fee is offered.
(f ) To sanction permanent advances for subordinate officers upto Rs.2,000.
(g ) Re-appropriation of funds within the same budget head.
(h ) To institute, conduct and defend any legal proceedings-by or against Board or its efficiency in connection with the affairs of the Board.
(i) To incur expenditure where there is no specific provision in the budget or in excess specific provision in the Budget in emergency.
Notes :- (i) In an emergency, the Chief Administrator may, if he considers it to be essential in the interest of the Board, exercise powers beyond the scope of these delegations, subject to a report to the Board, for approval in the next meeting.
(ii) Where not specifically provided in the delegations, the Chief Administrator will exercise powers in respect of such items to the extent considered essential by him in the interest of the Board subject to a report in the Board for approval in the next meeting.
THIRD SCHEDULE Schedule of delegation of financial powers to the Chairman, Chief Administrator and Officers of Housing Board Haryana S.No.
Nature of Power To whom delegate Extent of delegation Remarks 1 Works To accord administrative approval to proposals for works State Government Board Chairman Chief Administrator Chief Engineer Superintending Engineer Executive Engineer Full Powers up to Rs. 100.00 Lacs up to Rs. 50.00 Lacs up to Rs. 40.00 Lacs up to Rs.5.00 Lacs up to Rs. 1.00 Lacs up to Rs. 5,000 Subject to budget provisions
2. To accord technical sanction to the detailed estimates for original works Chief Engineer S.E.
Executive Engineer Full powers up to 5 percent of the amount of administrative approval.
Up to Rs. 1.00 lac for each work provided administrative approval is not exceeded to by more than 5 percent Upto Rs. 20,000 for each work provided administrative approval is not exceeded by more than 5 percent.
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3. To accept tenders for execution of works Chief Engineer Superintending Engineer Executive Engineer Full Powers '' Full powers subject to the condition that approval of Chief Administrator is mandatory when-
(1) the tender is other than the lowest or is a single tender , or
(2) overall tender rate is more than the Haryana Schedule of Rates - 1988 + latest sanctioned ceiling premium + @ 2.5 % per year over and above on both beyond the year of the sanctioned ceiling premium, or
(3) value of non- scheduled items exceeds 15% of the total value of the tender.
Rs 10.00 lacs subject to the condition that approval of Chief Engineer is mandatory when-
(1) The tender is other than the lowest or is a single tender or
(2) overall tender rate is more than the Haryana schedule of Rates - 1988+ latest sanctioned ceiling premium+ @1 % per year over and above on both beyond the year of the sanctioned ceiling premium, or
(3) value of non- scheduled items exceeds 10% of the total value of the tender.
Rs. 4.00 lacs subject to the condition that approval of superintending Engineer is mandatory when -
(1) the tender is other than the lowest or is a single tender , or
(2) overall tender rate is more than the Haryana Schedule of Rates - 1988 + latest sanctioned ceiling premium, or
(3) value of non-sheduled item exceeds 5% of the total value of the tender''
(i) Full Powrs upto Rs.5.00 lacs
(ii) Rs. 10.00 lacs when the tendered rates are not more than 5% over Haryana Schedule of Rates plus sanctioned pre-mium and nonscheduled item do not exceed 10% of the estimates.
Rs. 2.00 lacs subject to the condition that :- (i) Approval of next higher authority is obtained if a tender other than the lowest is to be accepted and also if single tender is to be accepted Notes -(1) The option to call tenders either on percentage item rate based or lumpsum contract will rest with the Executive Engineer or authority competent to accept tenders as per the suitablility in the interest of progress of work.
(ii) Tender forms of P.W.D.
B& R of Haryana State will be modified to suit the Board's working.
(iii) The Chief Administrator , Housing , Will appoint Arbitrator to resolve despute arising out of various contracts and the decision of the Arbitrator shall be binding on both the parties .
(iv) The Executive Engineer will be empowered to get any sample made up to the cost of Rs. 1, 000 without quotations provided he has satisfied himself after making queries from the market as to the reasonability of the rates.
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(ii) No higher rates are paid than those contained in the Haryana Schedule of Rates or in the Sanctioned estimates.
4 To purchase stores for sanctioned works for supply of materials for works/stock.
(a) Against D.G.S. & D.C.O.S.R. rates contracts steel through BRC, TPC/ Cement through recognized sources, bricks / tiles on D.F.C. rates C.E. Full powers upto re-serve stock limit S.E.
XEN Ditto Full powers upto re-serve stock limits For purchases beyond Rs.5000/- from open market, there will be a purchase committee to be appointed by the Board.
(b) From open market local purchase
(i) Asstt. Engineer Upto Rs.50 at any time for any single item at the lowest rate on quotations obtained from three different independent sources. In the case purchase is to made at a rate higher than the lowest approval of the next higher authority is to be obtained. He will also be competent to purchase any single item upto Rs. 20 without calling quotations, but after satisfying himself by verbal inquiries that the rates are reasonable.
(ii) XEN Rs.2000 at a time subject to a ceiling of Rs.25000 per annum and subject to condition against (i) above.
(iii) S.E. Rs.5000 at a time subject to a ceiling of Rs.25000 per annum and subject to condition against (i) above.
(iv) C.E. Rs.5000 at a time subject to a ceiling of Rs.100000 in a year and subject to condition against (i) above.
5 To accord sanction to nonschedule / extra items C.E. Full powers These powers are subject to the conditions that the total cost including extra items do not exceed the powers of the concerned authority to accord technical sanction to the estimates by more than 5 percent.
S.E. In respect of an contract accepted by an authority upto 20 percent of the contract value subject to a ceiling of Rs. 100000 6 Award of work by acceptance of a tender other than the lowest C.E. Full powers subject to prior acceptance of tender by the competent authority.
7 Award of work by negotiation C.E. Full powers S.E. Full powers with the approval of the Chief Administrator PDF created with pdfFactory trial version www.pdffactory.com http://www.pdffactory.com http://www.pdffactory.com 8 Write off of infructuous expenditure on construction C.E. Full powers but all cases involving an expenditure of more than Rs. 1000 will be brought to the notice of the Board.
9 Powers of Avertisement C.E. Full powers S.E. This power is in respect of issue of advertisement for Tenders only.
Upto Rs. 2000 per job XEN Upto Rs. 1000 per job 10 Passing the first & final running accounts bills XEN Full powers 11 Passing of bill, of work charge establishment XEN Full powers subject to the condition that the appointment is made by the competent authority.
12 Write off of T&P and other articles of which part of value has been recovered.
Chief Administrator Full powers All cases of more than Rs.
1000 will be reported to the Board.
S.E. Upto Rs.10000 in a year XEN Upto Rs. 500 in a year 13 Sanction of payment under Workman’s compensation Act C.E. Full power subject to the advice of Legal Asstt. being first obtained 14 To accord sanction to expenditure on ceremonies connected with laying of foundation stones and opening of Board’s buildings.
Chief Administrator Full powers Chief Administrator would give full considerations to the recommendations and proposals of the Chairman of Housing Board in the organization of ceremonies and functions.
15 For fixing reserve stock limit Chief Administrator Full powers 16 Grant of extension of time for completion of works C.E. Full powers Reasons for extension in time be reported to the Board in respect of al cases proceeding of the meeting.
S.E. Full powers upto Rs. 10 lacs 17 To make advance payment of electric supply undertaking under India Electricity Act, 1910 for the execution of work.
XEN Full powers with prior approval of Chief Engineer 18 To accord sanction to journey beyond jurisdiction Chief Administrator Full powers 19 To accord sanction to recruitment / termination of work charged staff for the posts mentioned in the schedule of rates.
C.E. Upto scale with maximum of Rs. 1000 per month subject to the following conditions :
(i) Provision exists in the sanctioned estimates to cover the cost of such establishment
(ii) Orders to commence the work have been received from competent authority
(iii) Necessary funds either already exist or have been provided for by the competent authority.
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(iv) The pay and allowance of such post shall not exceed the prescribed rates in case where such rates have been differently laid down by the higher authority.
S.E. Upto scale with maximum of Rs. 400 per month subject to the conditions as above Position about the recruitment / termination of work-charged staff for each quarter should be reported to the Board XEN Upto scale with maximum of Rs. 200 per month subject to the conditions as above 20 To recruitment/terminate muster roll Asstt. Engineer Full powers for labour to be employed for execution of work departmentally at the rate of wages mentioned in C.S.R. or approved / fixed by the D.C.
of the District subject to the condition that prior approval of employment of such labour alongwith wages proposed to be paid is obtained from the Executive Engineer 21 To sanction repairs and carriage estimates of tools and plants S.E. Full powers Full powers at rates within the schedule of rates plus premium sanctioned from time to time.
XEN Rs. 1000 in each case A.E. Rs. 25 in each case 22 To sanction cartage and handling of stock material chargeable to stock XEN Full powers 23 to sanction purely temporary increase or to sanction decrease of the reserve stock limit of a Division C.E.
S.E.
XEN Full powers Upto 50% Upto 20%
Provided that increases are absorbed within 6 months from the date of increase.
Copies of orders sanctioning the revised limits are endorsed to the Board and the limits not raised within six months from the date of increase that in the case of decrease copies of order sanctioning the revised limit are endorsed to the Board and the limits not increased within six months from the date of decrease. Provided further that these powers should be exercised only in consultation with Chief Administrator and Accounts Section.
24 To sanction sale of articles on the stock accounts for full value plus usual charges of 10% C.E.
S.E.
XEN Rs. 50000 Rs. 5000 Rs. 5000 PDF created with pdfFactory trial version www.pdffactory.com http://www.pdffactory.com http://www.pdffactory.com
Provided that :-
(i) These powers will only be exercised for sale of material to Government and Semi-government Institutions and to such consumer who might need in connection with the completion of their works under the Board.
(ii) The addition of 10% may, however, be waived by the authority empowered to sanction the sale in the case of stock declared surplus by the competent authority and which in his opinion would otherwise be unserviceable;
Provided further that the articles of essential commodities or controlled articles shall not be sold by the S.E. and XEN.
Provided further that these powers should be exercised in consultation with the Chief Administrator and Accounts Section.
25 (i) Disposal of material borne on book without value by auction or by calling bids.
C.A.
C.E.
S.E.
XEN Full powers Full powers Rs. 5000 (New) Rs. 1000 (New)
(ii) Disposal of surplus unserviceable obsolete material / T & P articles borne on books with value:-
(a) To declare stores / T&P Articles surplus, unserviceable or obsolete and to their resale prices and to prescribe the mode of disposal C.A.
C.E.
S.E.
XEN Secy.
Rs. 25000 Rs. 10000 Rs. 5000 Rs. 1000 Rs. 1000
Provided that provision of para 4.40 of the Punjab PWD code are complied that the material declared surplus will not be required for the execution of any of the Boards works in the foreseeable future and the material declared as unserviceable or obsolete is beyond repairs or renovation.
(b) To dispose of material T&P articles declared surplus unserviceable or obsolete and sanctioning resultant loss therein, if any C.A.
C.E.
S.E.
XEN Secy.
Rs. 15000 in each case Rs. 10000 in each case Rs. 5000 in each case Rs. 1500 in each case Rs. 1500 in each case The cases exceeding this amount as also cases where Store Purchase committee is not unanimous or the highest bid is not proposed to be accepted, whatever be the reason even if the value is within the powers of the store Purchase Committee will be referable to the Board. The authorities sanctioning the write-off shall satisfy themselves that the loss has not resulted from excess or injudicious purchase of stores.
While exercising the powers, the following points must also be kept in view :-
(a) Reserve price should be fixed in accordance with the rules laid down by the Board
(b) Material should be disposed of according to the PDF created with pdfFactory trial version www.pdffactory.com http://www.pdffactory.com http://www.pdffactory.com proscribed procedure
(c) The Board would be informed of the items disposed of together with their value 26 To sanction the scale of grass trees or other produce in the Board’s lands.
C.E./S.E.
XEN Full powers Rs. 500 27 To sanction dismantle of temporary buildings and structures when the purposes for which the construction was undertaken had been fulfilled C.E.
S.E.
XEN Full powers Rs. 5000 Rs. 2000 28 To sanction the writing off finally of the irrecoverable value of stores T&P Articles of public money lost by fraud or the negligence of individual or other causes C.E.
S.E.
Rs. 5000 Rs. 500 In each case provided that:-
(a) The loss does not disclose defect of system the amendment of which requires the order of the higher authority or serious negligence on the part of some individual which might possibly called for disciplinary action requiring the order of higher authority.
(b) A report of all such cases is sent to the Board 29 To write off articles of T&P Office furniture rendered unserviceable through wear and tear the original purchase value of the articles being estimated if not known C.A.
C.E.
S.E.
XEN Secy.
Rs. 10000 Rs. 10000 Rs. 5000 Rs. 1000 Rs. 1000
Provided that loss is not caused due to negligence and carelessness of the employees.
30 To write off actual losses of stock and T & P articles C.E.
S.E.
XEN Secy.
Rs. 1000 Rs. 500 Rs. 200 Rs. 200 31 To sanction write off of books lost or rendered unserviceable in their own and in subordinate offices, if any C.E.
S.E.
XEN Secy.
Full Powers Full Powers Rs. 20 in each case Rs. 20 in each case 32 To write off irrecoverable item outstanding in the miscellaneous advances C.A. Upto Rs. 1000 in each case in consultation with C.A.O.
Provided that the amount has been outstanding more than 5 years and is further declared as irrecoverable.
C.E.
XEN Rs. 50 in each case Rs. 25 in each case 33 Contingencies Board Chairman Chief Administrator Other officers of the Board Full Powers Upto Rs. 3.00 lacs Upto Rs. 1.00 lacs As per powers contained in P.F.R.
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