(1) The State Governmen Samiti the maintenance of— I their actessories t may entrust to a Parishad or a Kshettra (@) all or any of the metalled’ roads, together with their accessories including bridges and. inspection_bungalows
(b) any specified building or buildin;
of the Parishad or Kshettra Samiti.
gs which exist awithin' the limits
(2) If in the opinion of the State Governmeént a road, a bridgd or bujld. ing which a Parishad or a K: umiti is required to maintain, stands i nced of repairs of special nat the ‘Parishad of Kshetira Samiti shall spend such sum on its répairs and within such period as 4he State Government may in each case specify : - f
Provided is’ provision in-the, budget of -the Parishad ar the Kshettra Samiti, as the case may be, for such works for the State Govermmen. has given grantin-aid for such works. - 5 ki % e that there 3s Rules not 1o apply to certain petty works and works undertaken in emergency.
Repa v works.
Repair works of a Special atuce.
Procedure to be followed when departmental agency is cmployed for et e done.
Payment o1 fees for works undertaken through departmental agency.
Parishad of Kshettra Samif 38| <o ST ST S9E, 1 9T, 1985 raridiad or a Kshetra Samiti shall not construct any work which Resmizbmen M. A Parishad o; the charze of 3 Government Deparunent or cons- ST bouleidiny woa vtk B uilding which ill ‘b, wholly o partly w fuct x wclly (nl\L'l‘l-. mol a road maimtained by the Public Works Departi e b com of such road, withom first consulting the Gorern:
Deparmes. busiing .rkl,::m’:.‘. Foncomad or ilic Excen ive Engineer concerned of the P.\V. 5. as the case may be. I he h}x no objection. the Parishad ox _kshen_.r_z Somiti. = the Gie may be, may sanciion the proposal. — If the Exccutive Fngincer or the Government Department concered objects to the proposal.
but the Parishad or Kshetrm Samiti does not accep: his or the department’s decision, the Parishad or Kshe Samiti shall refer the matter for the orders.
ol ihe Commisioner of the division hefore commencing the works or tioning the fexe..
anc- 15, No maicrial alicrations OF exiens " otimates or work shall be made except with Sanctional the original plan and estimates :
s in the sanctioned N or e sanction of the authority which
Provided that- any minor alicration in the plan which reults in @n increase in the otimate by not more than 10 per cent of the ori 1 estinnes 1y be sanctional by the -authority competent to sanction the contract under these rules. L TR P Pracedore for 16, (1) Detailed otimates of the works approved by a Parishad or SRR 20 Kshewm Samit, as the case may be, shail be prepared under the guidance of 2nd accoccias of Ure Zila Adhiyania and technical sanction to such estimates shall be accorded tehmzlseaaon by the avthorities as mentioned below :
© soch esEmare.
s Estimated Cost of ihe Work Officer compeicnt to accord technical sanctior.
() Not exceeding Rs50,000 Zila Abhiyanta.
(ii) " Exceeding Rs50,000, but not - exceeding Rs.5,00.000 Mukhya Adhikari. s C (i) Exceeding. Rs5,00,000 hut not . e exceeding Rs.10,00,000 - _ Adhvaksh. B
(iv) Over Rs.10,00,000 N Sute Government.
(2) Sanction accorded under sub-rule (i) will amount to a guarantee that the proposals are structurally sound and that the estimates are calculated on he basis of accurate data.” Utilisation certificates in respect of the works compleicd by the department concerned will be placed before the Parishad/Kshettra Samiti along with audited data: But the amount will not be taken as u sed till the works done by the de 1t-cor ¥ -partment.concerned are not formally transferred 1o the concerned Zila Parishad/Kshettra Sami Muknyz Adhikari 17. After the sanction has been received the Mukhya Adhikari in the case - fi{‘; Vikas of a P;dislfad_ and a Khand Vikas Adhikari in the case of a Kshettra Samiti shall w-x&“rm'” arrange within the approved estimates for the execution of works, He may get exscution and the work, the cost of w ich does not exceed Rs.3,000 executed cither through cost pot to s approved contractor at the scheduled Tates approved by the Parishad “or exceed '_W‘:“O Kshettra Samiti or by the Parishad’s or Kshettra Samiti’s own agency. .
Resister of lgs. A register of approved contractors shall be maintained in Form zpproved con- mo. W-1 in the office of the Parishad or KShettra Samiti.- Contractors shall be tractors. approved by invitiig “pplications though advertisement the “local news- papers and after. verifying the anticidents of the applicants and obtaining the approval of the Sarvajanik Nirman Samiti or Karya Karini, as the case may be. Every contractor approved for execution of the works of a Parishad or #_Kshettra Samiti shall be required to deposit a sum of Rs.100 as Registra- tion fe¢ before his' name is brought on the register of approved contractors. - Inviting of " 19, No contract_for the exccution of a w g " Rs3,000 shall be given until scaled Ly carnest money to the afnount fixed > . by public notice; which should be puly newspapers as the Mukhya Adhika may be, thinks fit and "by Ppasting cdpi om:c‘n( the Parishad -or Kshettra, Samitj, D .
ork estimated ‘to cost more than tenders for the contyact, accompanied by proper authority, have been invited ished by insertion in onc or more local or Khand Vikas Adhikari, as the, case es thereof at conspicuous places at the the Collector’s Office, the court of the TR TEQ AT T, | A, 1985 37 e if District Ju, or the court of every Ad nal District JU_'-‘SCK' é‘"‘:‘l '“{:I':“ whether the” court of district is not situate, the headquarier ool liou’l)fl oy local olfices of the Public Works Department (1 and R, liriga e ment and Local Sell-Government Engincering Department.
Norr—The carnest money shall be furnished cither in Government <SL|‘:“.
xities or in cash deposited in the treasury or the State Bank through a teousy rz challan or Ly ~deposit in the Post Officc Saving Bank where such m:;ne‘} i deposited in‘the Post Office Saving Bank. The pass book shall be pledged in favour of the NMukhya Adhikari or the Khand Vikas Adhikari, as the case may e.
_ iclore publicly inviting tenders, « copy of the proposed public noulcc along with the contract documents shall be submitted for approval to the Sanction of the Authority to the ¥ & work. authority empowered (0 accord sanction to the work under rule 16. The con- tract decunients shall include— -
(1) @ complete specification of the work to be done and of the materials o he used ; and
(2) @t set of conditions of the contract to he complied with by the persen whose tender may be accepted. 4
2. (1) The public notice shall show clearly— P&xb{)fic Notice . and Procedure (@) the place where and the time when the contract documents can relatiog to be see and the blank forms of tender obtained and also the amounts, tenders. N il any, to be paid for such forms of tenders; )
(b) the date and the time up to which and the place where the sealed tenders will be received ;
NotE—Reasonable time which shall not be the publication of the notice shall be allowed to e their tenders within the prescribed date.
less than three weeks after nable the tenders to submit (€) the nature of the work to be executed ;
(d) the time within which the work is to be completed it being recond from the date of receipt of the written order to commence work ;
(¢) the amount of earnest money which should sealed tender and the amount and nature of the sec quired in the case of the accepted tender ;
() the place where, the date and time at which and the designa- . tion of the office by whom, the tenders will be opened in the presence = of such tenders as desire to be present ; and
(g) that the Parishad or Kshettra Sami any or all the tenders without assigning any accompany each urity deposit rereserves the' right to reject reason therefor.
(2) The tender form shall include the following: —
(i) copy of the public notice inviting tenders ;
-(ii) the rules of directions necessary for the guidance of tenders;
(iii) form of agreement .or indenture-;
ar (iv) conditions of contract ;
(v) detailed specifications’ of the work ; Lo
(vi) Schedules—
(a)- describing work ; F
(b) enumerating the plans which accompany the specifications ;
(c) the samples of materials and other articles which must be deposited ; o
(d) the test which are, to be carried out on work and materials ;
(¢) the date,of completion of the work ;
(d) items and quantities with a dz_:scriplion the units of measurements with' a blank space for rates = figures and words and totals ; o reofl and the tendered in 38 FER SR FEAR TE, 1 W, 1985 () a supplementary schedule giving jiems of work with columng Tor rates in case any ext abour has to he employed ; and
(h) schedule describing — the materi anthority which the contractor will | vates of which they will be supplicd.
s the property of the local e required (6 wtilise and the () Tenderers shall il in rate st (he items hotl Any tender prepared other = words and figures, shall be Tiable to he rejected.
(1) “The renders shall, on the date and time opened in the case of a arishad, by the Mukl of the Abhiy nd the Vita Adhikari and in the.
by the Khand Vikas Adhi n the presence of the A Offcer (Rural Fngincering) and onc. of the other Assistant Development Officer. “Tenders, may, if they so choose, also he present at the time of the opening of tenders. " 'No tender- veceived after the specified date and (ime shall he considered and no negotiations shall he opened witlh any tenderer or other person with the object of obtaining a lower tender.
pecificd in the notice, he dhi n the presence af a Kshettra Samiti, istant. Development
(5) Soon afier the opening of the tenders a comparative chart of all com- pleted tenders reccived within time shall be drawn up in Form no. W.2. ‘The comparative chart along with the tenders and the, recommendations of the Mukhya Adhikai and Zila Abhiyanta in the case of 5 Parishad and of the Khand Vikas Adhikari and the Assistant Deevelopment Officer (Rural Engincer- ing) in the case of a Kshettra Samiti shall be submitted 1o the authority com- petent to sanction the contract under rule 26, All things being cqual, the lowest tender shall normally get preference. If for any reason whatsoever, the contract is placed with any but the lowest tenderer, the authority competent to sanction the contract shall record on the authority competent to sanction the conitract shall record on the comparative statement of the tenders the reason for doing so. !
(6) If no tender is accepted, fresh tender shall be called for by public notice in accordance with the foregoing rules. i .
22" 1f even after callin, tobe ,o};lm‘u:n; the tenders received no tender ‘acceptable. SE o Samiti's-own agency or by a Gaon Panchayat, the the Karya Samiti or Karya Karini, Karya Karini may decide matter shall be reported to - as the case may be. The Karya Samiti or {0 negotiate of a contract with any of the tenderers provided the amount of the negotiated contract does ot exceed the sanc- tioned estimate. The negotiations shall be carried out by the Mukhya Adhikari or Khand Vikas Adhikari i 5,000. In other cases the“contiéet shall be Kshettra Samiti, as the case may ‘be. If it is y of the tenderers or any other approved contractor agree to take up the work within the sanctioned estimate the authority com- petent to accord sanction to the work as laid down in rule 16 may fix revised higher rates. Fresh tenders shall then again be invited and the procedure for acceptance of tenders prescribed in these rules shall be followed. The work “shall be offered first to the lowest tenderers and in case of his refusal to the lowest but onc and so on, and shall he given to the tenderer who agrees o * undertake the contract. T case in which (he Karya Samiti or Karya Karini suspects foul play on the part of contractors it may ask the l\.{u.khya Adhikari or Khand Vikas Adhikari, as the case may he, to open negotiation with any other of the approved contractors whether he has submitted tender or not. " Each case in which a contract is negotiated at the higher rates shall be reported by the Parishad or KS'IC@!.!’J Samiti 1o the authority next above the authority competent to accord sanction to the work under nlk; 16.
T 9EW FETITW e, 1 AT, 1985 39
3. 1) Wi 23. i o ;
i (O] cre tender is accepted the tenderers shall he required to Security money 10 be deposited deposit a i - bcfi,,.c |||:ccc‘;::,);,2:“°:"':"'g l:; ot less than 10 per cent of ihe cONLFACE MONCY by the tenderers s i ense of is gromted. Th e Mukhya Adbikari or Khand Vikas 2 he contract: io; deposits e clsum :les for_\flu:h excee d Rs.lo,fmn, may with the earnest mone y sll;, n '"L_“"" ly the sccurity o f an amount which al ong fick of 5 Ger ccnl’ £ ’I make up 5 per cent of t he contract money. The stcoiiie I (f,’[ e of the sccurity shall be deducted from the running of the amount of th oln'(l'l—.‘q;’lr for the ot sone at tlic 7ae o alid and no work cl "I‘I Iu the security is _madc up. .Pfo contract shall be eribed nhove ie fu TIJ o »e commenced until the requisite security as prese 'vl-m. ied and the contract deed is signed by the contract or.
e e C-o" s |cdco mmcmr shall be n_hl:uf!cd on all the papers comprisihe -y ced. The Mukhya Adhikari or Khand Vikas Adhikari. a s case may be, shall sign the contract deed on hehalf of the Parishad or Kshettra Samiti.
“The contract deed shall be executed in deed shall comprise the documents mentioned in rule 20 along with the acceptedtender of the contractor. In case these forms are not suitable, other forms of agreement may, subject to t he approval of the State Governm ent, be drawn up and used. .
(2) The sccurity deposited sl months from the date of complet season following the completion o