Punjab State Agricultural Marketing Board (Engineering Wing) Execution of Works Rules, 1979

The Punjab State Agricultural Marketing Board (Engineering Wing) Execution of Works Rules, 1979

Published vide Punjab Government Gazette dated 21.8.1979 Notification No. GSR 123/PA 23/61/S.43/79

pu034

Short title and extent.- (i) These rules may be called the Punjab State Agricultural Marketing Board (Engineering Wing) Execution of Works Rules, 1979.

(ii) These rules shall apply to all works executed by the Engineering Wing of the Board, irrespective of the fact whether the same are financed by Committees, Board or the Government.

(iii) They shall come into force immediately.

Definitions.- In these rules, unless there is anything repugnant to the subject or:-

(a) 'Act' means the Punjab State Agricultural Produce Markets Act, 1961;

(b) 'Accounts Officer' means the Senior Accounts Officer of the Board;

(d) 'Chairman' means the Chairman of the Board;

(dd) ['Chairman, Market Committee' means the Chairman of the concerned Market Committee'.]

(e) 'Chief Engineer' means the Chief Engineer of the Board;

(f) 'Contractor' means a person with whom an agreement is entered into for the execution of a work of the Board or work of any of the Committees under the control of the Board;

[(ff) 'Deposit Work' means a work which is carried out by a Department/Agency/Organisation different from the Department/Agency/Organisation to which the work pertains on depositing of funds by the concerned Department/Agency/Organisation with the Department/Agency/Organisation which has to carry out the execution of work.]

(g) 'Engineering Wing' means a Wing of the Board entrusted with the execution of civil, electrical, public health and horticulture works of the Board.[***]

(h) 'Executive Engineer' means the Executive Engineer incharge of a Division of the Board;

(i) 'Major work' means a work estimated to cost more than [one lakh] rupees;

(j) 'Minor Work' means a work which is not a major work;

(k) 'Sectional Officer' means the Sectional Officer of the Board.

Note. - All other expressions not defined herein shall carry the meaning as assigned to the same in the Codes and Manuals applicable to the Punjab Public Works Department and the Punjab State Electricity Board, as the case may be.

[(l) 'Superintending Engineer' means the "Superintending Engineer" of the Board.]

Powers and duties of officers of the Engineering Wing.- Sectional Officers (Civil) shall be incharge of all works falling in the jurisdictional area of [a section of a Sub-Division of the Board as may be ordered by the Superintending Engineer]irrespective of the fact whether such works are financed by the Board or the Committees themselves. The principal functions of a Sectional Officer shall be -

(i) to prepare requisitions, plans and estimates of all minor works including special repairs, additions and alterations and submit the same to the Assistant Engineer;

(ii) to give Nishans for all works to be done in his Sections;

(iii) to carry out all survey and levelling work;

(iv) to supervise the execution of all buildings and roads works and repairs in his section through Contractors or departmental labour, and to ensure that the same are executed according to plans and specifications;

(v) to maintain a register of progress and instructions in case of major works and to present the same to Inspecting Engineering Officers of the Board whenever called for;

(vi) to arrange and employ labour within sanctioned rates in case of departmental execution of works and ensure timely payment to all such labour;

(vii) to maintain accounts of all Stock and Tools and Plants in his charge, and also to maintain register of materials at sites of works;

(viii) to take measurements of all works executed in his section and to assist the Assistant Engineer and the Executive Engineer in doing check measurements and also to take timely measurements of all items which are to get concealed;

(ix) to prepare running bills of all works and final bills of works upto one lakh rupees for submission to the Assistant Engineer along with measurement books, and also to record measurements of steel reinforcement whenever called for to do so.

(x) to supervise labour employed on daily basis and to submit labour reports to the Assistant Engineer daily;

(xi) to prepare, maintain and submit in time Muster Rolls of work-charged establishment, if any, under him, and to arrange timely payment of their wages;

(xii) to check each half-year, all the stores in his charge and to prepare half-yearly stock returns showing closing balances; and also to prepare and submit a yearly return of all Tools and Plants and articles in his charge to the Assistant Engineer;

(xiii) to keep the Measurement Books, Muster Rolls and other relevant documents issued to him in safe custody;

(2) Assistant Engineer shall be incharge of a Sub-Division Office and will have jurisdiction over all works falling within the area of four or more sections as may be ordered by the Chief Engineer from time to time. He shall be an Assistant to the Executive Engineer and shall be responsible to him for the management and execution of all works falling within his Sub-Division. His main functions and responsibilities shall be :-

(i) to check at site and examine Nishans, survey plans and rough cost estimates prepared by the Sectional Officer, before submission to the Executive engineer;

(ii) to arrange and supervise the actual execution of all works in the Sub-Division in accordance with the sanctioned estimates, specifications, drawings and financial provisions;

(iii) to check the foundations personally in case of important buildings, bridges and culverts etc. to ensure the soundness and to record the measurements thereof, and also to check and record the measurements of all other underground items of works, before the same are concealed;

(iv) to maintain all initial accounts of expenditure on works in his charge to see that there is no excess over the sanctioned estimates and submit the same to the Executive Engineer every month;

(v) to take measurements of all important items of works such as foundations and steel reinforcement, and to check and measure all works measurements which are recorded by the Sectional Officer. For the preparation of final bills of Originally Works, he shall either record the measurements personally or exercise hundred per cent check if the measurements are recorded by the Sectional Officers;

(vi) to check the Muster Rolls of labour employed and make payment to them personally in case of works under execution through departmental labour, and further to ensure that the progress achieved is commensurate with the expenditure incurred on labour and the same is within the sanctioned provisions. He shall also exercise occasional check over the labour;

(vii) to keep a vigilant control over expenditure and report progress of work to the Executive Engineer every month and also to report such progress to the higher authorities, if so desired;

(viii) to check all stores in his Sub-Division twice a year and the Tools and Plant articles once a year and to record a certificate of this check on the relevant document or register;

(ix) to exercise proper care for the safe custody and appropriate use of funds of the Board or Committees as the case may be, which may be with him or his subordinates in the form of Imprest, and render account of the same to his Executive Engineer every month.

(3) Executive Engineer (Civil), shall be incharge of the Divisional Office and all works falling within the jurisdictional area of [Committees of two or more divisions] as may be ordered by the Chief Engineer from time to time. His main functions and responsibilities shall be :-

(i) to maintain detailed accounts of all works under execution in his Division and Contractor's Ledgers as per system in vogue in the Punjab Public Works Department, Buildings and Roads Branch, irrespective of the fact whether the works are financed by the Board or by any of the Committees;

(ii) to get monthly account of all expenditure incurred, prepared by the Divisional Accountant and to submit the same to the Accounts Officer, normally by the tenth of the next month;

(iii) to invite tenders for all major works and to execute agreements with the tenderers whose tenders are accepted by the Chief Engineer;

Explanation. - Where all the components of a building work such as Civil, Public Health and Electrical are allotted to the same contractor, the agreement shall be executed and operated upon by him.

(iv) to exercise a [frequent inspection or check] of all works under execution in his Division and to ensure that all works are executed according to approved specifications, designs and within the sanctioned financial provisions;

(v) to ensure timely payment to all Contractors, work-charged staff and labour engaged on daily wages basis;

(vi) to arrange adequate supplies of all building materials like cement, steel and bricks etc. which may be required to be supplied to the contractors under terms of agreements, or for use direct on works which may be taken up departmentally;

(vii) to get prepared all rough cost and detailed estimates for major works either in the Divisional Office through the Divisional Head Draftsman or the Assistant Engineer;

(viii) to inspect each Sub-Divisional Office at least once a year and record his observations in the form of an inspection report, copy of which should also be sent to the Chief Engineer bringing out serious lapses, if any, in the working of the Sub-Division;

(ix) to see that all machinery provided in the Division is well maintained and is made proper use of;

(x) to check a suitable quantity of measurements recorded by the subordinate staff in respect of all major works before the same are finally paid for;

(xi) to achieve co-ordination with the Executive Electrical Engineer of the Board and the Executive Engineer, Public Health of the Board for the proper and orderly execution of major works relating to buildings under his charge;

(xii) to execute all buildings and roads works according to approved specifications and designs and within the provisions of sanctioned estimates;

(xiii) to prepare and implement "Food for Work" Schemes wherever adopted;

(xiv) to represent the Board and Committees in all arbitration proceedings in respect of the agreements executed by him, to prepare defence for all such cases and get the same approved by the Legal Cell of the Board before submission to the Arbitrator;

(xv) if called upon to do so, to represent his Senior Officers in meetings at different levels;

(xvi) [ - ];

(xvii) to maintain and upkeep the buildings constructed out of the funds of the Board [*] [and to approve tenders or works as provided under rules]

(xviii) to accord technical sanction to detailed estimates upto an amount of one lakh rupees in each case;

[ (xix) to ensure that the work of all field surveys, levelling, collection of field data, etc. required for the preparation of estimates for works is carried out by the Sectional Officer or the Assistant Engineer correctly and proper checks are exercised by different officers in the field and otherwise to ensure the accuracy of the date on which the estimates are based ; and

(xx) to take prompt action in cases of dereliction of duty by the officers working under him and where necessary to take immediate action against the defaulting staff and to send detailed report to his immediate superior officer where serious lapses come to light.]

(4) Executive Engineer (Public Health), shall be incharge of the execution of all water supply and sewerage schemes and public health part of all building works, original as well as maintenance, and will be responsible to the [Superintending Engineer] for the proper designing and execution of all such works according to approved designs, specifications and within the sanctioned [financial provisions.]

Note. - The powers and duties of the Executive Engineer, Public Health, Assistant Engineer and Sectional Officer, Public Health will be analogous to those of Executive Engineer (Civil), Assistant Engineer (Civil) and Sectional Officer (Civil) respectively, in respect of the execution of work assigned to them.

(5) The Executive Engineer (Electrical), shall be incharge of all street lighting works in Mandis and internal and external electrification of all building works including maintenance thereof, and will be responsible to the [Superintending Engineer] for the proper execution of all such works according to approved designs, specifications and within the sanctioned financial provisions, irrespective of the fact whether such works are financed by the Board or by the Committees.

Note. - The powers and duties of the Executive Engineer, Electrical, Assistant Engineer, Electrical and the Sectional Officer, Electrical will be analogous to those of Executive Engineer (Civil), Assistant Engineer (Civil) and Sectional Officer (Civil) respectively, in respect of the execution of work assigned to them.

(6) Horticulture and Landscaping Officer shall do all landscaping work in Mandis and will also be responsible for the maintenance of all horticultural works. He will be under the control of the[Superintending Engineer] and will be responsible to him for the proper execution of all above mentioned works according to sanctioned financial provisions.

[(6A) The Superintending Engineer shall be responsible to the Chief Engineer for the Administrative and general professional control of all the works under the charge of the officers of the Engineering Wing within his jurisdiction. His main functions and responsibilities shall be] :-

(i) to inspect various works within his jurisdiction to satisfy himself that the system of management prevailing is efficient and economical and that the works are being executed in a methodical manner and in accordance with the required specifications and the desired standards;

(ii) to issue, from time to time, such instructions and orders for the guidance of the officers subordinate to him as well enable them to eliminate faults and short-comings found in their working and to discharge their duties in accordance with the requirements of the job;

(iii) subject to the control of the Chief Engineer, to exercise powers of according technical sanctions to the detailed estimates and of approving tenders of works as indicated in these rules;

(iv) to examine the register of works so as to keep a vigilant watch over the rates of works and where he considers it necessary to direct the Executive Engineer to report to him monthly or at longer intervals on a works slip Punjab Public Works Accounts form No. 38, the total expenditure to-date under each sub-head of a work compared with the sanctioned estimate;

(v) to investigate excesses over sub-heads with a view to decide whether or not a revised estimate will be required for the work and when a revised estimate is required to see that it is submitted to the sanctioning authority in due time;

(vi) to see that no delay is allowed to occur in the submission of completion reports or completion statements wherever necessary;

(vii) to examine the conditions of surveying and mathematical instruments and also the items of machinery, plant and equipment and to take suitable steps and issue necessary instructions to ensure that all these items are kept in good working conditions and are put to optimum use;

(viii) to see that different articles in stock are duly verified according to the rules laid down and that there is no accumulation of stock of any item in a Division beyond its requirements;

(ix) to proceed to any place in his jurisdiction and to report on any important design or work or any serious accident or threatened danger connected with the works within his charge;

(x) to see that the authorised system of accounts is maintained;

(xi) to inspect each Divisional Office in his jurisdiction at least once in a year to examine initial accounts, accounts of stocks, tools and plants and stock manufacture, registers of works and other divisional books, mode of preparation of estimates, contract agreements, contractor's accounts, system of recording plans and papers and office work generally and to review the position of the divisional accounts with the Executive Engineer concerned;

(xii) to ensure that all periodical reports and returns due for submission to the Chief Engineer are sent in time; and

(xiii) to call a meeting of the representatives of the contractors and Labour Co-operative Societies working in particular Division, at the Divisional Headquarters once in every six months for ascertaining up-to-date position of running and final bills of the contractors and Societies and to ensure clearance of such bills.

[7. Subject to the control of the Secretary of the Board, the Chief Engineer shall be overall incharge of Engineering Wing. He shall be responsible to the Secretary of the Board for efficient discharge of the functions assigned to him and his subordinates and for assigning and execution of all approved Civil, Electrical and Public Health Works within the budgetary allotment of financial provisions and shall be responsible for the execution of [works taken by the Board.] The principal functions of the Chief Engineer shall be :-

(i) to accord technical sanctions to detailed estimates and providing of tenders of works as provided in these rules;

(ii) to ensure that the staff working in the engineering wing is deployed suitably keeping in view the best interest of works in respect of planning, progress and economical execution;

(iii) to prepare a Draft of Annual Budget estimates relating to works to be financed from the funds of the Board by 15th February of each year;

(iv) to keep a close watch over the progress and execution of various works and to see that the budget allotment of the year are fully expended, consistent with the general economy and to issue necessary instructions and specify suitable norms for expenditure over each month or quarter in order to prevent large expenditure in the last months of the financial year for the sole purpose of avoiding lapse of funds.]

[4. Execution of Works. - The Engineering Wing shall be responsible for execution of works whether financed by the Board or the Committees, provided that a Committee may get any work executed relating to urgent repairs and maintenance of office buildings, rest houses and canteens and Markets directly subject to the condition that expenditure on such a work does not exceed thirty thousand rupees at a time and rupees two lac per annum and that monthly statements are submitted to the Engineering Wing with regard to the expenditure so incurred. Entries of all such works carried out by the Committee will be made by the Sectional Officer in the Measurement Book issued by the Executive Engineer and passed on to the Committee for pass and payment by the competent authority, as may be specified by the Board from time to time, whereafter it shall be returned to the Sectional officer for keeping it in safe custody and it will be open to check by the Assistant Engineer or the Executive Engineer.]

Planning and Design.- The Executive Engineer (Civil) shall submit site plans of all original building works to the Chief Engineer where layout plans and designs will be got finalised by him through the Architectural and Drawing Branches of the Board, and in case of major or commercial buildings through the specialist Architectural/Structural Engineering firms.
Prohibition on change in design.- No material change in design shall be made during construction by the field staff except with the specified approval of the Chief Engineer.
Specifications to be adopted.- Unless otherwise specified, P.W.D. specifications detailed in the Book entitled "Punjab P.W.D. Specification 1963," and where the same is silent, Indian Standards Institute (I.S.I.) specifications, shall be followed for all items of works, provided that for street lighting specifications applicable in the Punjab State Electricity Board shall apply.
Schedule of rates.- For all purposes such as estimating, tendering and billing etc, rates provided in the Punjab Public Works Department Common Schedule of Rates [1986]as amended from time to time, shall be applicable. Premium approved from time to time for various Zones and Chapter of the Schedule shall also automatically apply for all such purposes :

Provided that :

(1) for works falling within the Union territory of Chandigarh, the Schedule of rates and premium in force in the Union territory, shall apply;

(2) for all financial matters, Departmental Financial Rules contained in the Financial Hand Book No. 3, as applicable to the Department of Public Works, shall be applicable.

Preparation of Rough Cost Estimates.- On receipt of plans the Sectional Officer concerned shall survey the site of work and submit the survey plan showing full dimensions, contours and ownership of land in case of works in market yards, to the Assistant Engineer concerned who after its scrutiny and check at site shall submit the same to the Executive Engineer for preparing a Rough Cost/Detailed Estimate :

Provided that in case of building works the Executive Engineer (Public Health) and the Executive Engineer (Electrical) shall intimate the costs of work to be undertaken by them, to the Executive Engineer (Civil) who shall prepare the Rough Cost Estimate adding therein such costs in lump-sum. He shall also add ten per cent "Establishment charges" at the end of the estimate and submit the same to the [Superintending Engineer].

[10. Administrative Approval. - [(1) On receipt of rough cost estimate from the Executive Engineer, the same will be scrutinized by the Drawing Bench of the Chief Engineer, who after going into it, shall sign it and submit the same to the Secretary to the Board or Chairman of the concerned Market Committee as the case may be, for administrative approval. On receipt of the said estimate, the chairman, Market committee may accord Administrative Approval for construction and repair of link roads and development works up to ten percent of the budget provision in a particular head of the approved budget of the Market Committee of that particular year. The approval when accorded and conveyed by the Secretary of the Board or the chairman, Market Committee, as the case may be, would mean a directive to the Engineering Wing to go ahead with the works and a clear financial sanction to incur expenditure to the extent to amount of the estimate by debit to the Marketing Development Fund of the Board of the funds of the committee concerned, as the case may be. In case of works, which have to be entirely finance by a Committee, such Administrative Approval shall also be conveyed to the committee concerned by the Secretary of the Board]

Note :- While endorsing Administrative Approval to the [Executive Engineer concerned the Chief Engineer will also endorse copies thereof to the Executive Engineer, Electrical and the Executive Engineer, Public Health, conveying estimated provisions approved for parts of the works to be undertaken by them.]

(2) In case of major building works, copy of Administrative approval shall also be endorsed to the Architect or the Architectural Drawing Branch of the Board for preparation of detailed plans of the building for submission to the Chief Engineer.

(3) As soon as Administrative approval is accorded for the execution of a work, copy thereof shall also be endorsed by the [Secretary of the Board] to the [Accounts Officer, Chairman, Market Committee to the Secretary, Market Committee, as the case may be] who shall place the sanctioned amount in the Account of the Executive Engineer concerned within ten days of the date of receipt of Administrative approval, subject to the extent of budgetary provision provided that where the work is to be financed by a Committee, funds to the extent of budgetary provision shall be deposited with the Executive Engineer by the Committee concerned within the aforesaid period.

(4) Administrative approval to a work once granted shall remain operative for a period of three years. If the work is not started within this period a fresh Administrative approval shall be required to undertake the work.

[11. Technical sanction to detailed Estimates. - On finalization of plans, the Chief Engineer shall get a detailed estimate of the work prepared by the Executive Engineer concerned, based on detailed design and drawing by working out quantities of each item of the work in detail and accord technical sanction to the same. The detailed estimate shall include provisions for Contingencies of the work, at on per cent of the amount of estimate and for the work charged establishment, at two percent of the amount of estimate. Copy of the technically sanctioned estimate by the competent authority, shall be sent to the Board and to the concerned Market Committee. After the completion of the work, the details of expenditure incurred, shall be sent by the Executive Engineer concerned to the Mandi Board or Market Committee, as the case may be.]

[11A. Powers for according technical sanctions. - The following officers of the Engineering Wing shall be empowered to accord technical sanctions to the detailed estimates of works of annual repairs of the works already executed and new works reflected in the approved estimates upto the limits indicated against each] :-

(A) Executive Engineer	upto five lacs
(B) Superintending Engineer	upto fifteen lacs
(C) Chief Engineer	full powers.

Provided that in respect of other works not foreseen in the estimates, the above officers shall exercise powers equivalent to those vested in the officers of corresponding ranks in the Department of Public Works (Buildings and Roads Branch) or the Department of the Public Works (Public Health Branch).

Note - In exceptional cases of urgent nature, an Executive Engineer may commence a work for which Administrative approval has already been accorded, in anticipation of sanction of the detailed estimates. However, reason for the urgency shall be recorded in writing, and written orders of the Superintending Engineer or the Chief Engineer shall be obtained for commencing the work in anticipation of sanction.

Revised Administrative Approval and Technical Sanction.- (1) [The estimated amount of detailed estimate may exceed the amount for which administrative approval has been granted by ten per cent and the actual expenditure on execution of a work may also be in excess of the amount of administrative approval up to ten per cent in respect of works falling within the competency of the Executive Engineer or the Superintending Engineer for the technical sanction subject to the condition that the total amount including the excess allowed as aforesaid remains within their competency for according technical sanction under Rule 11. The Chief Engineer shall have the power to allow excess to the extent of fifteen per cent over the amount of Administrative approval both for technical sanction as well actual expenditure and the actual expenditure on execution of a work may further exceed the amount of sanctioned detailed estimate by not more than five percent. In case the amount of the detailed estimate or actual expenditure]exceeds the aforesaid percentages; revised Administrative approval or technical sanction as the case may be, shall be obtained after submitting the recast estimates. Release of additional funds to the extent of such excess or revised approval shall be obligatory for the Board or the Committee, as the case may be.

(2) If during the course of actual execution of a work any variation in the quantities of various items provided in the sanctioned estimate becomes essential, the Executive Engineer shall be competent to approve the same, provided the overall expenditure remains within the permissible limits. However, any deviation in the design or specifications of any item, shall require prior approval of the Chief Engineer.

(3) Savings, if any, against a sanctioned estimate, can be utilised for the execution of an additional work not contemplated in the original plan of the work, but fairly contingent upon it, with the approval of the Chief Engineers.

Appropriation Register.- The [Executive Engineers, Superintending Engineer], as well as the Chief Engineer shall maintain a register called the Appropriation Register detailing therein the name of each work, reference to Administrative approval, technical sanction and the funds allotted from year to year. The figures of progressive monthly expenditure shall also be maintained simultaneously in respect of each work.
Annual repairs to Buildings and Roads.- (1) A Standard Estimate shall be prepared for annual repairs separately for each building including all its subsidiary buildings, and auction platforms etc. in market yards, by the Sectional Officer/Assistant Engineer; and got sanctioned by the [Competent Authority]. Similar estimates should also be prepared for roads in markets. These repairs should be got executed by the Assistant Engineer departmentally or through Contractors by calling competitive quotations, within the funds made available for the purpose by the Committee concerned.

(2) The Standard Estimates shall be re-submitted to the [Competent Authority] if revision of premium provided therein is contemplated.

Notice Inviting Tenders.- Immediately after the receipt of Administrative Approval/technical sanction to a work, the Executive Engineer shall issue a Notice Inviting Tenders. Unless, otherwise ordered by the [Superintending Engineer or the Chief Engineer], the tenders should invariably be invited on percentage rate basis with reference to the Punjab Public Works Department Common Schedule of Rates. Where the estimated amount of work put to tenders is beyond the competence of the Executive Engineer, he shall send the Notice Inviting Tenders to the [Superintending Engineer and Chief Engineer], and get the same approved before the date fixed for receipt of tenders. The approved Notice Inviting Tenders which is supposed to contain details of material to be issued, drawings, and details of quantities of various items of the work required to get executed; should be made available for being seen by the intending tenderers. The Notice Inviting Tenders should clearly indicate the amount of earnest money to accompany the tender in the form of deposit at call made in the name of authority calling the tenders.

[16. Publicity to call of Tenders. - With a view to invite competitive rates, due publicity should be given to the notice inviting Tenders as per para 7.26(c) of public Works Department (Building and Roads) Manual of Orders as amended from time to time.], [**]

[16A. Acceptance of tenders :- The tenders for works costing upto rupees ten lacs shall be called by the Executive Engineer and for works costing more than rupees ten lacs the tenders shall be called by the Chief Engineer. The officers of the Engineering Wing shall exercise powers of accepting tenders as specified against each as under ]:[***]

Serial No.	Designation of the Officer	Power for accepting Engineering Wing Tenders
(A)	Executive Engineer	Upto Five lacs
(B)	Superintending Engineer	Upto Fifteen lacs
(C)	Chief Engineer	Full powers

Note :- The power for sanction of tenders shall be subject to the following conditions:-

(a) The lowest bid shall be accepted, and

(b) The rates proposed to be accepted shall be within the Common Schedule of Rates plus sanctioned ceiling premium.

In cases where any one or both of the above conditions are not met, sanction of the next higher authority shall be obtained for the acceptance of tender.

Sale of Tender Forms.- A fair number of tender forms complete with drawings and other details shall be prepared and kept ready for sale to the intending contractors at fixed price.
Opening of Tenders.- (1) The tenders shall be opened by the Executive Engineer or on his behalf by the Assistant Engineer in the presence of the Divisional Accountant, Head Clerks and such of the Contractors who may care to be present at the [appointed time. In case of tenders relating to works of Market Committee, the tenders shall be open in the presence of Chairman, Market Committee, District Mandi Officer or his representative, Secretary, Market Committee, Divisional Accountant, and Head Clerk. The rate]of each tender should be announced and written in words on the tender by the officer opening the tenders, under his dated initials. Tenders not accompanied by the requisite amount of earnest money shall not be entertained and the same may be returned or kept aside without announcing the rate thereof. All other tenders shall be entered in the tender register by the Officer opening the tenders. In case any contractor other than the lowest three wants his earnest money back, the same may be returned to him the same day. Earnest money shall not be adjusted against any pending dues of the contractor.

(2) In cases where acceptance to tenders falls beyond the competence of the Executive Engineer, he shall send the tenders to the [Superintending Engineer or Chief Engineer, as the case be may be]accompanied by comparative and financial statements, with his own recommendations.

Execution of Agreement with the Contractor.- As soon as a tender is accepted by the[Executive Engineer, the Superintending Engineer or the Chief Engineer, as the case may be], the Executive Engineer shall immediately convey acceptance to the contractor under a registered cover and execute agreement with him in the form specified [and notified by the Punjab Public Works Department (Building and Roads) from time to time] No running payment shall be made to the contractor unless the Agreement is executed by him.
Arbitration.- In case of any dispute under any of terms of the agreement between the Contractor and the Executive Engineer the [Superintending Engineer]shall act as arbitrator.
Call of quotations.- In case of minor works the Assistant Engineer may call quotations from the local contractors and after approval to rates by the Executive Engineer, the work may be allotted on 'Work Order' basis. Failure on the part of the contractor to execute the work will make him liable to be debarred from tendering in the Board for a minimum period of six months.
Hiring of machinery.- In case any machinery is required to be hired for the execution of a building or road work, the Executive Engineer may hire the same within the rates and provisions made in the sanctioned detailed estimate.
Payments to Contractors.- Payments to the contractors shall be made by the Executive Engineer himself through cheques after getting the bills checked by the Divisional Accountant and it is to be ensured by him that in respect of the works in progress, payments for the work done or supplies made, are made to the contractors at least once a month :

Provided that the Executive Engineer shall get the final bills of all major works pre-audited by Accounts Officer or by the local Resident Audit Officer of the office of the Examiner Local Fund Accounts, before payment thereof is made.

Provided further, that the Executive Engineer may authorise the Assistant Engineers to make payments upto ten thousand rupees subject to pre-audit of the Bill by the Executive Engineer after check by the Divisional Accountant.

Issue of Material to Contractors.- (1) All materials such as steel, cement and bricks etc. proposed to be issued to a Contractor, shall be detailed in the Notice Inviting Tenders along with rates at which the same are to be supplied. No material other than those specified in the Notice Inviting Tenders shall be issued except with the prior approval of the Chief Engineer and that too in exceptional cases only.

(2) Recovery for the cost of all material issued to a contractor shall normally be made from the next bill payable to the contractor. The Executive Engineer may, however, at his own discretion and responsibility order recovery for material based on actual consumption. However, in such cases a certificate shall be recorded in the measurement book by the Assistant Engineer and Executive Engineer stating that the balance material is lying at site of the work in safe custody of the Contractor.

(3) Care shall, however, be taken that materials are not issued to a Contractor in such large quantities as are not likely to be consumed within a month or so, because there will otherwise be tendency on the part of the contractor to misuse or misappropriate the surplus quantities. Issue of small quantities will also avoid heavy recoveries from the bill of the Contractor.

(4) A register showing daily consumption of material issued to the Contractor, shall be maintained at the site of work by the Sectional Officers.

Note :- (1) For all financial matters, Finance Department "Financial Hand Book No. 3" (Departmental Financial Rules) as applicable to the Punjab Public Works Department, shall be applicable mutatis mutandis.

[Note :- (2) The Chief Engineer may, with the prior written approval of Secretary of the Board restrict the powers of any of the Superintending Engineers, Executive Engineers and Assistant Engineers, if so warranted by circumstances.]

Periodical Returns.- The following Returns shall be submitted by the officers hereinafter mentioned;

(1) Monthly Stock Return. - Each Sectional Officer incharge of stocks shall submit monthly stock return to the Assistant Engineer who after compiling the returns in respect of his Sub-Division, shall submit the same to the Executive Engineer.

(2) Material at Site Accounts. - Each Sectional Officer incharge of the execution of a major work shall submit material at site account to the Assistant Engineer every month, who in turn shall submit the same to the Executive Engineer.

(3) Daily Progress Report. - In respect of works under execution departmentally through temporary labour, the Sectional Officer shall submit to the Assistant Engineer daily progress report indicating the strength of labour employed and the work done.

(4) Road Metal Return. - Each Sectional Officer incharge of a road work shall submit to the Assistant Engineer monthly returns indicating the receipt, consumption and balance of all road making materials which may be in his charge for a road work in progress. After check with the corresponding entries in the measurement book the Assistant Engineer will submit the same to the Executive Engineer, where the Divisional Accountant will check and get the same filed.

(5) Monthly Progress Report. - A report showing financial as well as Physical Progress of each work shall be submitted each month by the Assistant Engineer indicating the progress achieved by the end of previous month and during the month. After compilation in the Divisional Office, the Executive Engineer will submit the same to the [Superintending Engineer].

(6) Monthly expenditure statement of works. - A Committee-wise monthly expenditure statement shall be submitted by the Executive Engineer to the Chief Engineer with a copy to the Accounts Officer. This statement shall also indicate the works with amounts administratively approved for a Committee and the total deposit of funds made by the Committee against such works, with the Executive Engineer.

(7) Monthly reconciliation statement of deposits and withdrawals. - The Executive Engineer shall reconcile the deposits and withdrawals with the Bank concerned in respect of each account, at the close of the month and shall send the reconciliation statement to the Accounts Officer regularly with a copy of the [Superintending Engineer].

(8) Monthly account. - A monthly account of all expenditure incurred during the month shall be submitted by the Executive Engineer to the Accounts Officer by the tenth of the next month.

[(9). Monthly Statement of sanctioned estimates. - The Executive Engineer shall submit to the Superintendent Engineer, a statement showing the names of all estimates sanctioned by him during the month, together with the amount of each estimate. The Superintending Engineer shall submit a similar statement to the Chief Engineer which shall include all estimates sanctioned by the Executive Engineer as well as by him].

Annexure I

Omitted vide Punjab Notification dated 21.7.1998.

Annexure II

Omitted vide Punjab Notification dated 21.7.1998.