Publication of Draft Rules of Haryana Panchayati Raj Finance, Budget, Accounts, Audit, Taxation and Works (Amendment) Rules, 2023.

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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 28–2023/Ext.] CHANDIGARH, TUESDAY, FEBRUARY 7, 2023 (MAGHA 18, 1944 SAKA)

HARYANA GOVERNMENT

DEVELOPMENT AND PANCHAYATS DEPARTMENT

Notification

The 7th February, 2023

No. DPH-ECA-2-257/2023.— The following draft of the rules further to amend the Haryana Panchayati Raj Finance, Budget, Accounts, Audit, Taxation and Works Rules, 1996, which the Governor of Haryana proposes to make in exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 209 of the Haryana Panchayati Raj Act, 1994 (11 of 1994), is hereby published as required by sub-section (3) of the said section for the information of persons likely to be affected thereby.

Notice is hereby given that the following draft of the rules shall be taken into consideration by the Government on or after the expiry of a period of ten days from the date of publication of this notification in the Official Gazette, together with objections or suggestions, if any, which may be received by the Additional Chief Secretary to Government, Haryana, Development and Panchayats Department, Chandigarh from any person in respect to the draft of the rules before the expiry of the period so specified.

Draft Rules

1. These rules may be called the Haryana Panchayati Raj Finance, Budget, Accounts, Audit, Taxation and Works (Amendment) Rules, 2023.

2. In the Haryana Panchayati Raj Finance, Budget Accounts, Audit, Taxation and Works Rules, 1996, (hereinafter called the said Rules), in rule 2, for clause (xl), the following rule shall be substituted, namely:-

―tender‖ means an offer by a contractor for undertaking any development work or part of a development work awarded through electronic mode only;‖

3. In the said Rules, in rule 131, in sub rule (1) –

(i) for clauses (b) and (c), the following clauses shall be substituted, namely:-

―(b) Besides, the cost of works proper; other components of cost, as relevant; like contingencies, quality control measures etc.; may also be provided in a rough cost estimate as per PWD Code. (c) A revised estimate in Form LVI and LVII shall be submitted to the authority competent to accord original administrative approval when the sanctioned estimate is likely to exceed or has exceeded by more than 10 percent, if it is not executed within the stipulated period or due to revision of rates Haryana P.W.D. schedule of rates 2021.‖

(ii) After clause (f), the following clause shall be added, namely:-

―(g) Separate estimate shall be prepared for each work instead of clubbing different types of works in one estimate. In case of pavement work of a street, single estimate shall be prepared for all the proposed streets, no part estimate of a particular street shall be prepared. A site

(339)340 HARYANA GOVT. GAZ. (EXTRA.), FEB. 7, 2023 (MAGH. 18, 1944 SAKA) plan shall be enclosed showing the proposed street in Red Colour, already paved streets in Black Colour and the remaining kachha streets in Yellow Colour to avoid to duplication or misutilization of funds. Each estimate shall be accompanied with a geotagged photo of the proposed site specifically mentioning the time and date of the photo captured.‖ 4. In the said Rules, in rule 134-

(i) in sub rule (1), for clause (a), the following clause shall be substituted, namely:-

―(a) (i) The Gram Panchayat, Panchayat Samiti and Zila Parishad as the case may be, shall be competent to accord administrative approval of work(s) from their respective funds as per Schedule ‗A'.

(ii) For funds other than Gram Fund, Samiti Fund, Zila Parishad Fund; under plan/non plan schemes of the Government; the administrative approval shall be accorded by the competent authority as per Schedule ‗A' subject to the general directions of the Government.

(iii) The works costing above Rs.2.00 lakh (Rupees Two Lakh) shall be executed through tender by Gram Panchayat, Panchayat Samiti, Zila Parishad or Executive Engineer, as the case may be, subject to technical approval as per schedule ‗A' and tender process shall be carried out as per schedule ‗B' and ‗C'.

(iv) The concerned executing agency shall initiate the process of execution of work within 15 days of allocation of funds in its account. All the accounts shall be maintained by the respective authorities as per departmental register in Form LVIII and tender register in Form LIX and LX.‖

(ii) in sub rule (2), for clause (a) and (b), the following clauses shall be substituted, namely:-

―(a) When a tender has been accepted under the rules, an agreement on a form prescribed in sub-para (1) of para 7.3 of manual of orders of the Public Works Department, Building and Roads Branch, Haryana will be entered into between the contractor and the Panchayati Raj Institution concerned. The earnest money deposited by the contractor for the due performance of the contract shall be treated as part of his security which will be deducted from his running bills progressively at the rate of 6 percent (maximum 5% of the contract value) of the amount of work done. The amount of earnest money received by the Gram Panchayat, Panchayat Samiti, Zila Parishad or Executive Engineer as the case may be; or the amount deducted from the running bills shall be deposited offline or online in the bank account, duly pledged in the name of Sarpanch, Chairman, Panchayat Samiti, President, Zila Parishad or Executive Engineer concerned. In case of works costing up to Rs.25.00 Lakh, ―Work Order‖ shall be issued to successful bidder without issuing ―Acceptance Letter‖ subject to the condition that Earnest Money deposited by the bidder shall be retained and shall be treated as part of his security as detailed above. Requisite Performance Security shall be deducted from the first bill of the successful bidder. In case of works costing above Rs.25.00 lakh, the successful bidder shall deposit Performance Security, within, seven days of receipt of letter of acceptance, with the Gram Panchayat/ Panchayat Samiti/Zila Parishad/ Executive Engineer as the case may be, in the form of bank guarantee/Fixed Deposit Receipt as specified by government. Failure of the successful bidder to comply with the requirements mentioned in Bid Document shall constitute sufficient ground for cancellation of the award and forfeiture of the Earnest Money or any other action due as per Earnest Money declaration. The bidder shall also be debarred for a period of two years from participation in tenders in the department. If the tender r ates are received unbalanced, then additional performance security may be deposited as per bid documents or as specified by government from time to time.

(b) The security deposited under the provision of clause (a) above shall be half repaid on completion of the whole work to the contractor and half when the defect liability-cum-maintenance period has passed. The Drawing and Disbursal Authority of Gram Panchayat/ Panchayat Samiti/ Zila Parishad/ Executive Engineer has to certify that all defects notified by the engineers to the contractor before end of this period have been corrected. In the meantime, his work has been found to be defective or not up to specifications and the contractor has not remedied such defect or has failed to bring the work up to specifications, in which case such security or sum deducted shall be forfeited as per bid document. A record of the deposits made either in each or by deduction from running bills as also of all the payments of deposits shall be kept in the office ofHARYANA GOVT. GAZ. (EXTRA.), FEB. 7, 2023 (MAGH. 18, 1944 SAKA) 341 Gram Panchayat/ Panchayat Samiti/ Zila Parishad / Executive Engineer as the case may be, in deposit register in Form LXXII.‖

5. In the said Rules, in rule 135, for sub rule (1), the sub-rule shall be substituted, namely:-

―(1) When the amount of work does not exceed Rs.50,000/- the whole of it or part thereof may be let out on a work order after calling quotations in the manner laid down in Schedule ‗C'. The work order shall be executed in Form LXI. The powers of the various authorities to issue work orders are specified in Schedule ‗B' to these rules. The security will be deducted from the running bills of the contractor at the rate of 6 percent (maximum 5% of the contract value) in the same manner as laid down in rule 134 (2)(b). The procedure for the refund of security shall, also be the same.‖

6. In the said Rules, after rule 145, the following rules shall be added, namely:-

"146. General guidelines. Section 209. Any General guidelines relating to execution of development works issued by the State Government or by Public Works Department shall also be followed.

147. Responsibility for quality and quantity. Section 209. The concerned Junior Engineer/ Sub Divisional Engineer/ Executive Engineer shall be responsible for quality and quantity for all works executed through tender and for the works that are executed by the PRI itself, the Drawing and Disbursing Authority of the concerned PRI, releasing the payment of work, shall also be responsible in addition to the technical authority concerned.

148. Review of progress and report thereof. Section 209. The concerned Block Development and Panchayat Officer in case of works being executed by Gram Panchayat and Panchayat Samiti and the Chief Executive Officer in case of works being executed by Zila Parishad or Executive Engineer shall review the progress of all development works every month. The Block Development and Panchayat Officer shall submit such report to the Chief Executive Officer who shall submit a compiled monthly report of district to the Director.

149. Fixation of rates of material. Section 209. For the procurement of materials for the works to be executed departmentally, a committee headed by the Deputy Commissioner and consisting of the Chief Executive Officer, District Development and Panchayat Officer and Executive Engineer shall fix the rates for various materials block-wise and shall review the rates after every six months keeping in view the rates prevailing in the market. As far as possible, the committee shall follow the rates approved by the Director, Supplies & Disposal, Haryana.

150. Inspection and verification of works. Section 209. (1) In respect of any development work, no payment shall be made by any executing agency either in advance or without due technical verification by the competent authority.

(2) Deputy Commissioner, Additional Deputy Commissioner, Chief Executive Officer (Zila Parishad), Sub-Divisional Officer (Civil), District Development and Panchayat Officer and Block Development and Panchayat Officer shall mandatorily inspect the development works at least to the extent 1%, 2%, 5%, 5%, 5% and 10% of the total works in their jurisdiction respectively.

(3) The Gram Sachiv shall submit a monthly report of all the income and expenditure done by the Gram Panchayat to the Social Education and Panchayat Officer who shall submit the same to Block Development and Panchayat Officer. Social Education and Panchayat Officer shall regularly inspect the records of all Gram Panchayats and shall ensure that there is no unauthorized withdrawal by the Gram Panchayat. All such cases must be reported in writing to concerned Block development and Panchayat Officer immediately who shall take action against the delinquents.

(4) In case any Gram Panchayat, Panchayat Samiti or Zila Parishad or Executive Engineer utilizes the fund for any work other than sanctioned work, the Drawing and Disbursing Authority, of concerned Gram Panchayat/Panchayat Samiti/Zila Parishad/Executive Engineer and Technical authority verifying the work shall be held responsible.

(5) Concerned Gram Panchayat, Panchayat Samiti, Zila Parishad or Executive Engineer being the executing agency shall prepare and furnish the Utilization certificate within 15 days of the completion of the work undertaken to the Director through Chief Executive Officer, Zila Parishad.

(6) In case of works being executed by Gram Panchayat or Panchayat Samiti, half of the estimated contingency shall be transferred to the contingent account of Block Development and Panchayat Officer. The contingent amount so transferred can be used for Block Development and Panchayat officer or Sub-Divisional officer for expenses such as tender process, stationery and other unforeseen expenses. The balance 50% contingencies shall be retained by the executing agency with them to defray any other the expenses.

7. In the said Rules, for existing Schedules ‗A', ‗B', ‗C' and ‗D', the following Schedules shall be substituted respectively, namely:-

―SCHEDULE ‗A'

[(see clause (a) of sub-rule (1) of rule 131, rule 132 and rule 134 (1) (a)]

―SCHEDULE ‗B'

CALLING AND ACCEPTANCE OF QUOTATIONS/TENDERS

[(see clause (b) of sub-rule (1) of rule 134, and see sub - rule (1) of rule 135]

SCHEDULE 'C'

[See Rule 135(1)]

Manner of Calling Tenders/Quotation for Allotment of Works

When a work is to be entrusted to a contractor, Sub Divisional Officer or Executive Engineer, as the case may be, shall call Quotations/Tenders. These Quotations/ Tenders may be called for the whole of the work of a part only or for supply of materials or for labour rates only as decided by the authority competent to accord administrative approval as laid down in schedule ―A‖. The Notice inviting Tender/Quotations shall be approved by the authority indicated in schedule ―B‖ and tenders should be entered in tender register. The record of tender will be maintained in the office of the Sub Divisional Officer or Executive Engineer etc. and one copy of such record for each work should be handed over to concerned Gram Panchayat, Panchayat Samiti, Zila Parishad or Executive Engineer, as the case may be. Procedure of tendering will be adhered to as per government guidelines, issued by Govt. through PWD or otherwise from time to time.

Agreement 1. Works costing above Rs. 50,000/- shall be let out on the basis of a written agreement and work of less value may be got executed on the basis of a work order.

2. Wide Publicity shall be given for the tenders / quotation by means of advertisement in the local popular newspapers as per policy of the Government through Public Relations Department or otherwise. Besides, notices in English as well as in the regional language shall be displayed on public notice board including those fixed outside the office rooms of the concerned Zila Parishad / Panchayat Samiti / Gram Panchayat / Executive Engineer.

The E -Tenders / Quotations notice shall in all cases state —

(i) The estimates, plans, DNIT and other documents can be seen by the contractor online, (ii) Cost of tender form and e servicing fees should be shown on tendering website, if any, thereof, (iii) The date and time of opening of technical bids in case of tenders / quotations, (iv) The amount of earnest money shall be paid online directly through RTGS/NEFT and OTC, (v) The authority competent to accept/reject the tenders (quotations), (vi) Time limit during which the work is required to be completed; (vii) That Competent authority shall have the power to reject any one or all the tenders/quotations without assigning any reason

(viii) The common bid document for e- tendering as finalized by the Govt. from time to timethrough PWD or otherwise; shall be applicable.

Minimum Notice of Publicity

(a) Works up to Rs. 25.00 lakh: 7 working days. (b) Works above Rs. 25.00 lakh but not exceeding Rs. 1.00 Crore: 15 working days. (c) Works above Rs. 1.00 Crore: 21 working days. (d) Government through PWD or otherwise may amend the above publicity period.

Validity of calling of tenders/quotations 1. Bids shall remain valid for a period not less than 120 days or as fixed by Government, after the deadline date for bid submission. A bid valid for a shorter period shall be rejected by the Superintending Engineer by treating it as non-responsive. In exceptional circumstances, prior to expiry of original time limit, the Employer may request that the bidder may extend the period of validity for a specified additional period.

2. In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders may extend the period of validity for a specified additional period. The request and the bidders 'responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of his bid security for a period of the extension.

Opening of Tenders

The Sub Divisional Officer or Executive Engineer, as the case may be, will follow the rules as laid down in tender form/bid document or as prescribed by government from time to time.

SCHEDULE 'D'

(See rule 139)

Competency of Assessment of Works.

Works up to Remarks

Sr

No.

Competency of officer/

official

1. Junior Engineer Rs 2,00,000/- Provided estimate is technically sanctioned 2. SubDivisional Officer Above Rs 2,00,000/- Provided estimate is technically sanctioned

but upto 25,00,000

3. Executive Engineer Above Rs 25,00,000/- Provided estimate is technically sanctioned‖.

ANIL MALIK, Additional Chief Secretary to Government Haryana, Development and Panchayats Department.

10179—C.S.—H.G.P., Pkl.